260 CHAP. 40 Rights to property ac lantic Shore Line Rail way. IMPROVEMENT OF FALL BROOK approved March twenty, one thousand nine hundred and seven, and chapter four hundred thirty-nine of the private and special laws of the state of Maine approved March twenty-eight, one thousand nine hundred and seven, and shall exercise and enjoy the same as fully and in the same manner as the said Atlantic Shore Line Railway was authorized to exercise and enjoy the same under the general laws of the state of Maine and under said private and special laws above referred to; subject, however, to the same conditions and limitations as are therein or under the general laws of this state imposed, and to all prior liens thereon by virtue of any valid conveyance thereof by mortgage deed or otherwise, existing prior to April second, one thousand nine hundred and six. Section 3. The said Atlantic Shore Railway is authorized to quired of At- hold and enjoy all property, both real and personal, so acquired of said Atlantic Shore Line Railway or that may be hereafter acquired, and situated in the state of New Hampshire, and to exercise all its rights, privileges and franchises within said state of New Hampshire so far as may be necessary to operate its railroad or ferry within the limits of said state, and may obtain concurrent or other necessary legislation of said state of New Hampshire for the purpose of giving effect to the rights, powers and franchises hereby granted and of exercising the same within the limits of said state. Approved February 27, 1911. Dams, piers and booms, Fall brook and tribu taries. Chapter 40. An Act to authorize the Improvement of Fall Brook in the Towns of Be it enacted by the People of the State of Maine, as follows: Section 1. The Solon Lumber Company, a corporation duly authorized in established by law at Solon in the county of Somerset, and its assigns are hereby authorized to build dams, side dams, piers and booms, and to maintain same, on Fall brook and its tributaries in the towns of Bingham and Brighton in the county of Somerset; to remove rocks and trees and to excavate ledges make therefrom; and to widen, deepen and otherwise improve the same for the purpose of raising a head of water and of making ing logs and said brook and its tributaries floatable to facilitate the driving of logs, pulp wood and other lumber on the same. -may improvements to fa cilitate driv lumber. May take land and materials for building Section 2. Said corporation and its assigns for the above purposes may take all necessary land and materials for building dams, piers, said dams and piers and making such improvements; may flow etc. CHAP. 40 -may pass and repass others. Damages, mined, if how deter parties fail to agree. contiguous lands so far as necessary to raise suitable heads of water; may attach their booms and piers to land adjacent to said brook; and may with their agents, servants and teams pass and repass over and along said brook and adjacent land, and to over lands of and from the same over the land of other persons for the purposes aforesaid and for managing said dams, piers and booms. Section 3. If the parties cannot agree on the damages, said corporation and its assigns shall pay the proprietors for the land and materials so taken and the damage so done; the amount to be ascertained and determined by the county commissioners of the county of Somerset in the same manner and under the same conditions and limitations as provided by law in the case of damages by laying out of highways; and for the damage done by flowing land, said corporation and its assigns shall not be liable to an action at common law, but the person injured may have remedy by complaint for flowage, when the same proceedings shall be had as when a complaint is made under the statutes of this state for flowing lands by raising a head of water for the working of mills. proceed ings for dam age done by flowing land. May demand toll for pass age of logs and lumber. logs and lumber. Section 4. Said corporation and its assigns may demand and receive a toll for the passage of logs, pulp wood and other lumber over their improvements of fifteen cents per thousand feet for logs and lumber and eight cents per cord for pulp wood; and shall have a lien thereon for the payment of said lien on toll with all costs and charges, but the logs, wood and lumber of each owner shall only be holden for the amount due from him. Unless said toll is paid within twenty days after said logs, pulp wood or other lumber, or the major part thereof, passes the south line of the town of Bingham, said lien may be enforced by attachment and suit to be begun within ninety days after the same shall have passed the south line of said Bingham. Section 5. This act does not authorize said corporation or its assigns to interfere with the riparian rights of the existing dams and mills on said brook in the town of Solon. -enforce ment of lien. Interference rights. of riparian May restrain natural flow Section 6. Said corporation is authorized to impound and restrain the natural flow of said waters only when and in so of water far as is necessary for log-driving purposes, and as limited by this act. No dam authorized by this act shall be used for power purposes. when necessary for log driving. Property, rights, etc., subject to be taken over by the state. CHAP. 41 pay fair value for property taken. mine by appropriate legislation that the public interest require -state shall the same to be done. Upon the taking effect of such legislation, the ownership of said property, rights and franchises shall immediately be transferred to, and vest in, said state of Maine, and said state shall pay to said corporation the fair value of all the same, excepting, however, such franchises and rights as are conferred upon said corporation under and by virtue of the provisions of this act, which said franchises and rights shall be wholly excluded in the determination of the amount to be paid to said corporation by said state of Maine. -value of property tak termined. The fair value of the property, rights, and franchises so taken en, how de- by the state of Maine, subject to the exceptions hereinbefore mentioned shall be determined by agreement between said corporation and such officers and agents of said state as shall be thereunto authorized to act in its behalf by the act which authorizes the taking of said property, rights and franchises; and such agreement failing within six months after said act takes effect, then by such fair and impartial tribunal and under such provisions as to the manner of procedure and for full hearing of parties and payment of damages awarded as shall be provided in said act. Approved February 27, 1911. Town of Chapter 41. An Act to incorporate the Town of Stockholm. Be it enacted by the People of the State of Maine, as follows: Section 1. Township number sixteen, range three, west from incorporated. the east line of the state of Maine, in the county of Aroostook, and known as Stockholm plantation, is hereby incorporated as a town under the name of Stockholm; and the inhabitants thereof are hereby invested with all the powers and privileges and subject to the duties and liabilities incident to other towns in this state. Collection of taxes. -duties of officers. Section 2. The collectors of the plantation of Stockholm shall have power to finish the collection of all taxes which have been committed to them for collection prior to the passage of this act, and to settle with and pay the same to the treasurer of the town of Stockholm; and the several officers of said plantation are empowered to perform all the duties of town officers. in the town created by this act, until their successors shall have been chosen and qualified as town officers of the town of Stockholm under this act. CHAP. 42 First meet called. Section 3. Any justice of the peace may call the first meeting of the town of Stockholm by posting a warrant therefor, ing, how stating the object of said meeting, in three public and conspicuous places in said town, at least seven days before the time of holding said meeting. Section 4. All property now belonging to Stockholm plantation shall belong to, and the title thereof is hereby vested in the town of Stockholm. Title of prop erty. Section 5. The persons hereafter becoming chargeable as Paupers. paupers within the limits of said town shall be chargeable to said town of Stockholm, excepting those who are now state paupers. Approved February 27, 1911. Chapter 42. An Act to regulate fishing in the Town of Durham, in the County of close time the town of for fishing in Durham. Be it enacted by the People of the State of Maine, as follows: Section 1. It shall be unlawful to fish for, take, catch or kill any kind of fish at any time in any pond, brook or river in the town of Durham, in the county of Androscoggin, except on Thursday, Friday and Saturday of each week from the time the ice is out of the pond, brook or river fished in the spring of each year until October first following, on which days it shall be lawful to fish in any pond, brook or river in said town of Durham in accordance with the general law of the state. It shall also be unlawful for any person to have in possession any kind of fish taken in violation of any provision of this section. Section 2. Whoever violates any provision of this act shall Penalty for be subject to the same penalty as is provided by the general law this act. of the state for the illegal fishing for or taking, catching, killing or having in possession of trout or land-locked salmon. unlawful to have üst in possession. violation of diction. Section 3. 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 any violation of this act shall be paid forthwith by the person receiving the same to the state treasurer. fines and how disposed penalties, of. special laws 1909, re Section 4. Chapter one hundred and fifty of the private Chapter 150, and special laws of one thousand nine hundred and nine, relating to fishing in the town of Durham, in the county of Androscoggin, is herewith repealed. pealed. Approved February 27, 1911. CHAP. 43 Ice fishing in ed. Chapter 43. An Act to regulate ice fishing in Lake Wassokeag, so-called, in the town of Dexter, in the County of Penobscot. Be it enacted by the People of the State of Maine, as follows: Section 1. It shall be unlawful to fish for, take, catch or laka, regulat- kill any kind of fish on or through the ice in lake Wassokeag, so-called, in the town of Dexter, in the county of Penobscot, except on Wednesday and Saturday of each week said pond is closed by ice, on which days it shall be lawful to fish through the ice in said pond in accordance with the general law of the state. Provided, however, it shall be unlawful for any person to take, catch or kill in any one day while fishing through the ice in said lake more than ten pounds of fish in all. It shall also be unlawful for any person to have in possession any kind of fish taken in violation of any provision of this section. -proviso. Penalty for violation of this act. Court jurisdiction. 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 or taking, catching or killing of trout or land-locked salmon. Section 3. In all prosecutions arising 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 recovered by any person for how disposed any violation of this act shall be paid forthwith by the person receiving the same to the state treasurer. -fines and penalties, of. Approved February 27, 1911. Building of dyke at Back bay, Milbridge, authorized. Chapter 44. An Act to build and repair a Dyke in the Town of Milbridge. Be it enacted by the People of the State of Maine, as follows: Joel G. Gay, Jasper Wyman, Edgar M. Gay, William M. Blood, their associates, successors and assigns, are hereby authorized to build and maintain a good and sufficient dyke, at Back bay in the town of Milbridge, to commence at a point on the west side of Grain point, so-called, and to extend over tide waters across the creek there situated to land of Alonzo Fickett in shore of the site of the old dyke formerly built across said creek by the grantors of said Gay and others and to repair and maintain said old dyke. Approved February 27, 1911. |