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of Rufus Smith-That Benjamin Taylor Mosher of Farm. ington in the County of Kennebec, shall be allowed to take the name of Taylor Mosher- That Alfred Jack of Thorndike in the County of Waldo sball be allowed to take the name of Alfred Williamson—That Mary Fitts Snow of the City of Portland in the County of Cumberland shall be allowed to take the name of Mary Owen Elder_That Patrick McKey of China in the County of Kennebec shall be allowed to take the name of Charles Thompson-'That Eliza Dolph of Thomaston in the County of Lincoln shall be allowed to take the name of Pastora Elizabeth Mason—That Freeman Richardson Pushard and Daniel Pushard of Bath in the County of Lincoln shall be allowed to take the surname of ShawThat Church Clark of China in the County of Kennebec shall be allowed to take the name of Almond Church Clark -That Henry Robinson of Brewer in the County of Pe. nobscot shall be allowed to take the name of Henry Kenny Robinson–That Mabel Richardson of Brownville in the County of Penobscot shall be allowed to take the name of Ellen Maria Mabel Richardson-That Enoch Smith of Fayette in the County of Kennebec shall be allowed to take the name of Enoch Smith Marshall-That Hannab Elizabeth Osgood Smith of Fayette in the County of Kennebec shall be allowed to take the name of Elizabeth Smith Marshall—That Mary French Smith of Fayette in the County of Kennebec shall be allowed to take the name of Mary Smith Marshall-That William Smith of Fayette in the County of Kennebec, shall be allowed to take the name of William Smith Marshall That Samuel Smith of Fayette in the County of Kennebec shall be allowed to take the name of Samuel Smith Marshall-That Reuben Smith of Fayette in the County of Kennebec shall be allowed to take the name of Reuben Smith Marshall—That Esther Ann Smith of Fayette in the County of Kennebec shall be allowed to take the name of Esther Ann Smith Marshall—That Moses Smith of Fayette in the County of Kennebec shall be allowed to take the name of Moses Smith Marshall—That Charles Smith of Fayette in the County of Kennebec; shall be allowed to take the name of Charles Smith Marshall-That Jonathan Farnham Lillefield of Belgrade in the County of Kennebec shall be allowed to take the name of Andrew Jackson—That Seth Grovener of Minot in the County of Cumberland shall be allowed to take the name of Seth Craige Grovener. And said persons shall in future be respectively known and called by the name, which they are respectively allowed to take as aforesaid; and the same shall be considered as their only proper name.

Chapter 172.
AN ACT to incorporate the Kirkland Canul and Rail Road Company.

Approved March 29, 1836. Sect. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That Winborn A. Swett, Names of Corpo Charles W. Wilder, Edward Mitchell, Luke Wilder Junr. Elijah Clark, Neal Warren, Rendall Smith, Nathan L. Merrill, Heman S. Jackson, Hall Bagley, John Thissell, Samuel Blake, Matthew H. French, Harvey Hatch, William Tozier, Martin Ulmer, Ijay Gay, William McLaughlin, Chapman Goodwin, Moses Shepard, their associates, successors, and assigns be and they hereby are made a body politic and corporate by the name of the Kirkland Canal Corporate name. and Rail Road Company, with all the powers and privileges and subject to all the liabilities incident to similar Corporations. And the said Company are authorized and einpowered to make, construct, and complete a Canal or Rail Road, or a Canal and Rail Road from Little Pushaw Location, dec. Pond situate in Kirkland or from any point on Pushaw Stream above the falls which are near the centre of said Town to Great Pushaw Pond, or to any point of said Pushaw Stream below the falls aforesaid as shall be deemed most expedient-with the right of clearing said Stream of treges.

rators,

Powers and priv

Powers, &c.

any obstructions to ibe navigation of boats and rafts—and they are also authorized to erect, construct and complete such dams, towing paths, reservoirs, aqueducts, feeders, culverts, basins for boats, embankments, piers, locks wharves bridges, channels, and such other works as they shall deem necessary or expedient for facilitating the transportation of lumber wood bark, and all other articles.

Sect. 2. Be it further enacted, That said Company be and they hereby are authorized, and empowered to lay out and locate a route for and construct such a Canal or Rail Road as they shall deem most convenient not exceeding four rods in width, and such basins, wbarves, piers, dams, ponds, reservoirs, and embankments, as they shall judge necessary and take such lands as may be necessary for the purpose of obtaining stones, and gravel for the proper construction of any dams, embankments or other works of said Company, agreeably to the Act of this State, defining certain rights, and duties of Rail Road Corporations, passed March first, one thousand eight hundred and thirty six, and all damages sustained in consequence of locating and constructing said Canal and Rail Road, or said Canal or Rail Road shall be determined agreeably to the provisions of said Act, and said Company may take and use such of the waters of the Pushaw Stream as may be necessary or advantageous for the purpose of said Canal or Rail Road as the said Company may construct.

Sect. 3. Be it further enacted, That the powers of the Government, &c. Company, except at the legal meetings thereof shall be

vested in a Board of not less than five Directors, who Directors to be shall be chosen at the first meeting of the Company and

sball afterwards be chosen annually at such time as the by laws of the Company may determine, and shall hold their offices for one year and until others shall be chosen in their stead.

Sect. 4. Be it further enacted, That the Company shall have power to establish any by laws not repugnant to the laws of this State, and the Directors shall annually elect

chosen at first meeting.

May make by laws.

Commencement

number of shares,

toll

from their own number a President, Secretary Treasurer Officers. and such other officers as the said by laws may prescribe.

Sect. 5. Be it further enacted, That this grant shall be co void, unless the construction of said Canal or Rail Road and completion. shall be commenced on or before the first day of June one thousand eight hundred and thirty seven, and completed within three years from the passage of this Act.

Sect. 6. Be it further enacted, That the capital stock of Capital Stocksaid Company may consist of fifty thousand dollars, and becom shall be divided into shares of one hundred dollars each, and said shares shall be deemed personal property and transferred in such inanmer as the by laws of the Company shall direct; and each share shall be entitled to one voter Provided, no member shall be allowed more than thirty votes.

Sect. 7. Be it further enacted, That said Company May establish shall have power from time to time to establish, demand and collect, such rates of toll for the transportation of persons, goods, wares, and merchandize, lumber or any article on said Road as they may see fit-Provided however, Proviso. that the Legislature after the completion of said road, may reduce its tolls at pleasure, and a lien is hereby created upon all property or merchandize transported on said Rail Road or Canal for transporting the same.

Sect. 8. Be it further enacted, That if the said Rail Not to obstruct Road or Canal shall pass any public highway, the construction shall be such as not to injure or obstruct, the safe conveyance on said public way.

Sect. 9. Be it further enacted, That the Company may purchase and hold such land and other property as may be necessary for the construction of said Rail Road or Canal May make asanasand may make assessments on the shares and collect the for purchase of same in such manner as may be prescribed in their by laws.

Sect. 10. Be it further enacted, That the first meeting of the Company may be called by Winborn A. Swett, first meeting. Charles W. Wilder, Nathan L. Merrill, and John Thissel, or either of them by publishing the notice of such meeting three weeks successively in some newspaper printed in the County of Penobscot--the last publication to be ten days at least before the time appointed for such meeting.

public ways.

ments on shares

property.

Mode of calling

Chapter 173.

AN ACT to incorporate the East Machias Canal Company.

Approved March 29, 1836.

Name of Corporators.

Corporate name.

Sect. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That John Dickenson, William Pope, John C. Talbot, M. Jones Talbot, J. A. Lowell, Peter Talbot, Jr. Jeremiah Foster Jr., William H. Pope, Walter Robbins, Peter T. Harris, and George Harris, with their associates successors and assigns, be and the same are hereby incorporated into a body corporate by the name of the East Machias Canal Company with all the privileges and immunities and subject to all the restrictions by law incident to bodies corporate. And said Company may make such by laws as are not repugnant to the laws of the State.

Sect. 2. Be it further enacted, That said Company shall Powers, &c.

have the power to construct and maintain a Canal or Canals from the tide waters of East Machias River, in the County of Washington, along or near said River, and the streams and lakes connected with the same, to the source thereof;—and also from the mouth of Gardiner's Stream along or near the same, and the lakes and streams connected therewith to the sources of said streams with the necessary and proper dams, locks, piers, and other neces. sary structures for the proper use of said canals; said Company having first obtained the consent of the owners of the land through which said Canal or Canals shall pass

-Provided that in filling and feeding said Canal or Canals, no water shall be taken from any rivers, lakes, streams or other sources, to the destruction or injury of any mills, machinery, mill privileges or other water power, without

the consent of the owner or owners thereof. And providRights of others ed further that the rights of others, public and private, of river, not to be every description, in the use of the waters of said river,

streams and lakes, sball not be impaired, restrained or infringed upon.

Proviso.

in the use of the

infringed upon.

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