gree and settle in certain cases. and demand toll on the road, when completed, and upon such parts thereof as shall from time to time be completed. SECT. 9. Be it further enacted, That when said CorpoGuardians may a- ration shall take any land, or other estate, as aforesaid, of with Corporation any infant, person non compos mentis, or feme covert, whose husband is under guardianship, the guardian of such infant, or person non compos mentis, and such feme covert, with the guardian of her husband shall have full power and authority to agree and settle with said Corporation, for damages, or claims for damages, by reason of taking such land and estate aforesaid, and give good and valid releases and discharges therefor. structing or injuring said road. SECT. 10. Be it further enacted, That if any person shall Penalty for ob- wilfully and maliciously, or wantonly and contrary to law, obstruct the passage of any carriage on said Rail Road, or in any way spoil injure or destroy said Rail Road, or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction or for the use of said road, he, she, or they, or any person or persons, assisting, aiding, or abetting such trespass, shall forfeit and pay to said Corporation for every such offence, treble such damages as shall be proved before the Justice, Court or Jury, before whom the trial shall be had, to be sued for before any Justice, or in any Court proper to try the same, by the Treasurer of the Corporation, or other officer, whom they may direct, to the use of said Corpo ration. And such offender or offenders shall be liable to indictment by the Grand Jury of the County, within which trespass shall have been committed, for any offence or offences, contrary to the above provisions, and upon conviction thereof before any Court competent to try same, shall pay a fine not exceeding one hundred dollars, to the use of the State, or may be imprisoned for a term not exceeding one year, at the discretion of the Court before whom such conviction may be had. the SECT. 11 Be it further enacted, That the annual meeting Annual meeting, of the members of said Corporation shall be holden, on first Monday in the first Monday in June, at such time and place as the Directors for the time being shall appoint, at which meeting, the Directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares, and the Directors are hereby authorized to call special meetings of the stockholders, whenever they shall deem it expedient and proper, giving such notice as the Corporation by their by laws shall direct. obstruct any road or canal. SECT. 12. Be it further enacted, That if the said Rail Rail Road not to Road, in the course thereof, shall cross any private way, the said Corporation shall so construct said Rail Road as not to obstruct the safe and convenient use of such private way; and if the said Rail Road shall, in the course thereof, cross any canal, turnpike, rail road, or other highway, the said Rail Road shall be so constructed as not to obstruct the safe and convenient use of such canal, turnpike or other highway; and the said Corporation shall have power to raise or lower such turnpike, highway or private way, so that the said Rail Road, if necessary may conveniently pass under or over the same, and erect such gate or gates thereon, as may be necessary for the safety of travellers on said turnpike, rail road, highway or private way. completion. SECT. 13. Be it further enacted, That if the said Cor- Organization and poration shall not have been organized, and the location according to actual survey of the route filed with the County Commissioners of the Counties through which the same shall pass, on or before the thirty first day of December, in the year of our Lord one thousand eight hundred and thirty nine, or if the said Corporation shall fail to complete said Rail Road on or before the thirty first day of December, in the year of our Lord one thousand eight hundred and forty six, in either of the above mentioned cases, this Act shall be null and void. good repair all SECT. 14. Be it further enacted, That said Rail Road Shall keep in Corporation shall constantly maintain in good repair all bridges, &c. bridges with their abutments and embankments, which they may construct for the purpose of conducting their Rail Road over any canal, turnpike, highway or private way, or for conducting such private way or turnpike over said Rail Road. over navigable waters. SECT. 15. Be it further enacted, That if said Rail Road May erect bridges shall in the course thereof, cross any tide waters, navigable rivers or streams, the said Corporation be and they hereby are authorized and empowered to erect for the sole and exclusive travel on their said Rail Road, a bridge across each of said rivers or streams, or across any such tide waters; Provided, said bridge or bridges shall be so constructed as not to obstruct or impede the navigation of said waters. to be open to in ernor and Council. SECT. 16. Be it further enacted, That the books of said Books at all times Corporation shall at all times be open to the inspection of spection of Gov- the Governor and Council, and of any Committee duly authorized by the Legislature: and at the expiration of every twelve years the Treasurer of said Corporation shall make an exhibit under oath to the Legislature, of the net profits derived from the income of said Rail Road. Holden to transport mail, &c. SECT. 17. Be it further enacted, That an Act entitled "an Act concerning Corporations" passed March seventeenth, in the year of our Lord one thousand eight hundred and thirty one, shall not extend or apply to the Company hereby incorporated. SECT. 18. Be it further enacted, That the said Corporation shall at all times, when the Post Master General shall require it, be holden to transport the mail of the United States from and to such place or places on said road as required for a fair and reasonable compensation. And in case the Corporation and the Postmaster General shall be unable to agree upon the compensation aforesaid, the Legislature of the State shall determine the same. Chapter 180. AN ACT to incorporate the South West Bend Mill Dam Company. Approved March 30, 1836. rators. SECT. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That Allen H. Cobb, Names of CorpoAlfred J. Stone. William H. Morse, Jonathan C. Merrill, Joshua Miller Junior, Joseph Merrill, John Dain Junior, Daniel Harmon, Ivory Warren, Simeon Bailey, William Gerrish, Orlando Merrill, Ezekiel Hoole, Enoch Littlefield, George Williams, Abner B. Thompson, Joseph Warren, and Ward Bonney, their associates, successors and assigns, be, and they hereby are created a Corporation by Corporate name. the name of the South West Bend Mill Dam Company, with power to construct and maintain, from and to their Powers, &c own land, situate on each side of the Androscoggin River, or by the permission in writing under the hand and seal of the owner of such land or his legal representative, a Dam across said River, at some point between Green's rips, and William Gerrish's Brook between the towns of Durham and Lisbon, and for this purpose, shall have power to Capital stock not hold and manage estate, real and personal, to an amount 000. not exceeding at any one time two hundred thousand dollars; Provided, said Dam shall be so constructed, as not to Proviso. impede the passage of logs, rafts and other lumber down said River. to exceed $200, SECT. 2. Be it further enacted, That said Company may Powers, &c. construct and maintain, such canal or canals around said dam upon their own land, or with the consent of the owners of said land, as may be deemed expedient, and erect and maintain and operate upon said dam or canals any mills or other works, (excepting side booms,) as they may think proper; Provided, said Canals shall be so constructed as to return the water to said River. SECT. 3. Be it further enacted, That should logs or other lumber, floating down said River, be floated, or driven by reason of the flowing of the water by said Dam, into Gerrish's or Williams' brook in Durham, or Dain's brook in Lisbon, in a manner more injurious to the owners of said logs, than they would be were said Dam not constructed, said Company shall be holden to place across the mouth of any such brook, booms sufficient to prevent such additionDamage by flow- al injury. And if any person or persons shall sustain damage in their lands, in consequence of flowing the same for the purposes aforesaid, the amount of such damage shall be ascertained and determined in the same manner as is provided by law for damage by laying out highways. age, how deter mined. Time allowed to build said dam. First meeting. SECT. 4. Be it further enacted, That five years from the passing of this Act, be and hereby is allowed to said Company to construct said Dam. And any three of the above named Corporators may call the first meeting of said Company by posting up notice thereof, seven days prior thereto in the Towns of Durham and Brunswick. Chapter 181. AN ACT in addition to an Act for the preservation of Salmon, Shad and Approved March 30, 1836. SECT. 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That from and after the tenth day of May in each year all persons required by the provisions of an Act to which this is additional to open and construct good and sufficient passage ways for fish by, over, and through the several dams across the Penobscot River and its tributary streams and keep the same open and free for the passage of Salmon, Shad, and Alewives. from the tenth day of May to the tenth day of July in Penalty for neg- each year, shall forfeit and pay for every day such, person open fishways. or persons shall neglect or refuse to open and maintain lecting to keep such good and sufficient passage ways (after being duly notified by any one or more of the County Fish Wardens, appointed agreeably to the provisions of the Act to which this is additional) the sum of not less than five nor more |