CHAP. 19 established. transportation of passengers only when unavoidable accident or casualty prevents the operation of the power boat. Section 2. The following rates of toll are hereby estab- Rates of toll lished; for a single team and carriage not exceeding two persons, thirty-five cents; for a double team and carriage not exceeding two persons, fifty cents; for each person exceeding two, five cents; and for each additional horse, ten cents; for a foot passenger, ten cents; for a yoke of cattle and driver, thirty-five cents; for same with cart, fifty cents; for an ox or horse not driven in harness, fifteen cents; and for each additional, ten cents; the driver paying as a foot passenger; and for sheep or swine, five cents per head; for a bicycle and rider, fifteen cents; touring cars, one dollar, and run-abouts, fifty cents. Said Smith is hereby required to transport freight and baggage to and from said Waukeag station to the Sullivan terminus of said ferry for a proper and reasonable compensation, it being understood and agreed that the rate for the transportation of freight shall not exceed that as expressed in the freight bills of nineteen hundred ten and as tabulated on the nineteen hundred ten freight book of said Smith. freight and shall be baggage transported at a reason able rate. shall be op erated. tion of foot Section 3. Said ferry shall be operated, when the weather When ferry permits, from half past five o'clock in the forenoon until nine o'clock in the afternoon, between the dates of May fifteen and September fifteen of each year, and from sunrise until half past seven o'clock in the afternoon between the dates of September fifteen and May fifteen inclusive of each year. But transportatransportation shall be provided for foot passengers to and passengers. from all trains stopping at said Waukeag station. For any unreasonable neglect or delay to transport either passengers or freight during the hours thus named, or when attending all passenger trains which stop at said Waukeag station, the persons operating said ferry shall be liable in an action on the case to the person injured for his damages. liable for neglect or unreasonable delay. Penalty for operating a ferry con provisions of this act. Section 4. Any person who keeps a ferry contrary to the provisions of this act, or who transports passengers, teams, carriages or freight between said towns of Sullivan and Han- trary to the cock, across said Taunton bay or Sullivan river within threefourths of a statute mile above or below the ferry established by this act for hire, or who furnishes for hire a boat or other craft for such purpose, forfeits four dollars for each day such ferry is kept or for each time of transportation, the same to be recovered by said Smith or his assigns, to their use, in an action on the case. Bond shall be Section 5. Said Smith or his assigns, shall give a bond to the treasurer of the county of Hancock in such sum as the county given for faithful per CHAP. 19 formance of the provisions of this act. County commissioners shall have supervision commissioners of said county shall require, and with two sureties approved by said commissioners, for the faithful performance of the provisions of this act. Any one injured in person or property by the negligence or fault of the persons operating said ferry, or their employes, may commence a suit on such bond in which the proceedings shall be similar to those in actions on the bonds of sheriffs, or instead may sue the person operating said ferry in an action on the case. Section 6. The county commissioners of Hancock county shall have supervision of all matters pertaining to all apparatus used in operating said ferry and service at the same, and, upon ing to ferry. petition and hearing may order the same to be improved, and if of all matters pertain -county commissioners may revoke all powers and privileges. -appraise all property. -person pointed to run ferry shall pur said order shall not be complied with to their satisfaction, and they shall so determine and decree, then and in such cases all the powers, rights and privileges hereby granted to said Smith shall cease and terminate, and thereupon the said commissioners shall appraise the boats, apparatus and other property used in running and operating said ferry at its fair value, and all the powers, rights and privileges hereby granted and specified in this act shall inure to and become vested in such person or persons as said commissioners shall then appoint and their assigns, provided said person or persons so appointed shall within such time as shall be specified by said commissioners pay to said Smith the value of said boats, apparatus and other personal property as appraised by said commissioners. Said commissioners shall also have the power, at any time, during the continuance of this charter, after petition and hearing, when in their judgment the public interest demands it, to revoke all the powers and privileges granted by this act, and thereupon they shall appraise all the boats, apparatus, and all other property that may have been acquired under the provisions of section one of this act, used in running and operatap- ing said ferry at its fair value and any person who may be appointed to run said ferry by said commissioners under the statchase proper utes of Maine shall purchase said property at said appraisal; provided, however, that if said Smith or his assigns shall, within a reasonable time, be able to dispose of said property at an advance over the value as appraised by the county commissioners, he or his assigns shall have the authority and right to do so. When, at any hearing under the provisions of this section, the said commissioners shall find any person operating said ferry to be at fault, the latter shall pay costs of hearing, not including counsel fees; otherwise said costs shall be paid by the petitioner. ty. -proviso. -costs of hearing, when held, how paid. CHAP. 20 granted by be trans Section 7. Said Smith or his assigns may transfer by assignment in writing the privileges granted by this act, and the Privileges person so transferring said rights shall be relieved from all this act may obligations imposed by this act. The person or persons to ferred in whom said privileges are assigned shall be acceptable to the county commissioners. writing. Section 8. Chapter twenty-nine of the private and special certain act laws of nineteen hundred and five is hereby repealed. Approved February 15, 1911. repealed. Chapter 20. An Act to regulate fishing in Little Lobster Lake, so-called, in the Be it enacted by the People of the State of Maine, as follows: Section 1. It shall be unlawful for any person to fish for, take, catch or kill any kind of fish at any time in Little Lobster lake, so-called, situated in the county of Piscataquis, for a period of two years from the time this act takes effect. Section 2. It shall also be unlawful for any person to have in possession any kind of fish at any time taken in violation of the provisions of the first section of this act. Section 3. Whoever violates any provision of this act shall be subject to the same penalty as is provided in the general law of the state for the illegal fishing for, taking, catching and having in possession of trout or land-locked salmon. Fishing in ster lake protwo years. Little Lob. hibited for Unlawful to possession. have fish in Penalty for this act. violation of diction. Section 4. In all prosecutions arising under this act, munici- Court Jurispal and police courts and trial justices within their respective counties shall have, upon complaint, original and concurrent jurisdiction with the supreme judicial and superior courts, and all fines, forfeitures and penalties recovered by any person for fines, how any violation of this act shall be paid forthwith by the person receiving the same to the state treasurer. Approved February 15, 1911. disposed of. CHAP. 21 Fishing in three years. Chapter 21. An Act to regulate fishing in Folly pond, so-called, situated in the town of York, in the county of York. Be it enacted by the People of the State of Maine, as follows: Section 1. No person shall fish for, take, catch or kill any prohibited for kind of fish at any time in Folly pond, so-called, situated in the town of York, county of York, for a period of three years from the time this act takes effect. It shall also be unlawful in possession. for any person to have in possession any kind of fish taken in violation of this section. -unlawful to have fish Penalty for violation of this act. Court jurisdiction. -fines, how disposed of. Section 2. Whoever violates any provision of this act shall be subject to the same penalty as is provided in the general law of the state for the illegal fishing for, taking, catching, killing or having in possession of trout or land-locked salmon. Section 3. In all prosecutions under this act, municipal and police courts and trial justices within their respective counties shall have, upon complaint, original and concurrent jurisdiction with the supreme judicial and superior courts, and all fines, forfeitures and penalties received for violation of this act shall be paid forthwith by the person receiving the same to the state treasurer. Approved February 17, 1911. Section 2, chapter 481, special laws 1893, amended. Capital stock. Section 3 amended. -water in Songo river be main Chapter 22. An Act to amend Chapter four hundred and eighty-one of the Private and Special Laws of one thousand eight hundred and ninety-three, entitled "An Act to Incorporate Sebago Improvement Company." Be it enacted by the People of the State of Maine, as follows: Section I. Section two of said act is hereby amended by striking out the word "twenty" in the second line thereof, and substituting therefor the word 'seventy-five,' so that said section two as amended shall read as follows: 'Section 2. The capital stock of said corporation shall be seventy-five thousand dollars.' Section 2. Section three of said act is hereby amended by striking out all of said section and substituting therefor the following: 'Said corporation is hereby required to maintain the water and locks to in the Songo river and its locks between Sebago lake and the bay of Naples in the county of Cumberland at a depth of at least four feet and six inches from May first to June fifteenth of each year and five feet and four inches from June fifteenth tained at certain depth. CHAP. 22 width of to September fifteenth of each year, and four feet and six inches from September fifteenth to November first of each year, and that any lock or locks now or hereafter constructed shall length and be made at least one hundred and ten feet long and twenty-six locks. feet wide in the clear, and for this purpose it shall widen, deepen and remove obstructions from said river, its mouth, source and approaches, and construct such dams, locks, breakwaters and piers as may be necessary to carry out the requirements of this act; provided however, that any dams built or maintained by said corporation shall contain sluice-ways for logs. Pro- proviso. vided, however, that the enlargement of Songo lock need not be completed before June fifteenth, one thousand nine hundred and twelve'; so that this section three as amended shall read as follows: Water in Songo river and its locks tained at cer to be main tain depth. width of 'Section 3. Said corporation is hereby required to maintain the water in the Songo river and its locks between Sebago lake and the bay of Naples, in the county of Cumberland, at a depth of at least four feet and six inches from May first to June fifteenth of each year and five feet and four inches from June fifteenth to September fifteenth of each year and four feet and six inches from September fifteenth to November first of each year, and that any lock or locks now or hereafter constructed shall length and be made at least one hundred and ten feet long and twenty-six locks. feet wide in the clear, and for that purpose it shall widen, deepen and remove obstruction from said river, its mouth, source and approaches, and construct such dams, locks, breakwaters and piers as may be necessary to carry out the requirements of this act. Provided, however, that any dams built or maintained by said corporation shall contain proper sluice-ways for logs. Provided, however, that the enlargement of Songo lock need not be completed before June fifteenth, one thousand nine hundred and twelve.' -remove obstructions. construct dams, locks, plers, etc. proviso. sluice ways for logs. amended. Section 3. Section five of said act is hereby amended by Section 5 striking out the word "contemplated" in the first line and substituting therefor the word 'required,' and by adding after the word "ninety-one" in the last line, the following: 'provided, however, that if to carry out the requirements of this act it shall be necessary to build an additional lock at or near the mouth of Songo river, the said corporation may demand and receive an extra toll of fifty cents for each passage through said lock from all steamboats and other boats and vessels during such time as it is necessary to use said lock to maintain the water in Songo river at the depth required by this act.' So that said section five as amended shall read as follows: |