driven by the use of the dam built for raising a head of water on Parlin pond, the gates may be closed not earlier than the first day of March in said year, and may be so closed and used as the exigencies of driving may require for a period to expire not later than thirty days after the ice shall leave said Parlin pond, but to be hoisted and left hoisted, however, as soon as the use of said dam for log-driving purposes is no longer necessary during such log-driving season, and thereafterwards be kept hoisted until closed on the first day of March as aforesaid for the purpose of the next log-driving season. Said period of thirty days may be extended whenever the use of said dam shall be necessary to drive logs out of Parlin pond stream or out of said Parlin pond, upon paying any especial damages occasioned by such flowage.

Снар. 84

closing and

opening of

gates

regulated.

May take

lands and

and flow

lands.

-damages,

how ascerparties can

tained, if

not agree.

'Section 3. Said company for the above purposes may take all necessary lands and materials for building said dams and necessary making said improvements and may flow contiguous lands so materials, far as necessary, and if interested parties cannot agree upon contiguous the amount of damages to be paid by said corporation for the land and material so taken, said damages shall be ascertained 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 occasioned by the laying out of highways, and the amount of damages so determined. shall be paid by said company, and the damages arising from the flowage of land may be recovered in accordance with the provisions in the statutes for recovering damages for flowing land occasioned by raising a head of water for the working of mills.

Plans and shall be subcounty com

specifications

mitted to

missioners.

'Section 4. Before building any dam or dams likely to overflow any public highway, the said corporation shall, at its own expense, cause plans and specifications to be made showing the changes to be made in such way for the protection thereof from such flowage and submit the same to the county commissioners of Somerset county for their approval. If after notice and —appeals. hearing said commissioners refuse their approval, said corporation may appeal to the supreme judicial court at the next term thereof held in said county, which court may make final decree thereon, and no dam or dams shall be built or changes made in any public highway till the plans and specifications are approved, either by said commissioners or the justice presiding at said supreme judicial court, and the gates of said dam or dams shall not be closed till all changes are made in said highway, in accordance with said approved plans and specifications, and the endorsement of said commissioners or said justice thereon

-final decree.

326

СНАР. 84

-repairs.

Tolls for logs and lumber.

-lien on logs and lumber.

Capital stock.

Readjustment of tolls.

First meeting, how called.

May restrain natural flow of water.

Property, rights and franchises,

shall be necessary to show that said changes have been made in accordance therewith, and this endorsement shall be a prerequisite to the use of said dam or dams for any purpose whatsoever. Thereupon all changes after any such appeal shall be made by and at the sole expense of said corporation. All repairs thereafter required on said highway made necessary by the use of any such dams shall be at the expense of such corporation, and in case of disagreement thereon any single justice of the supreme judicial court, sitting in equity in term time or vacation, may enforce this liability by appropriate process on petition of the said county commissioners.

'Section 5. Said company may demand and receive tolls for the passage of all logs and lumber over their dams and improvements, as follows: For all logs and lumber landed in Bean brook, or in Parlin pond above the dam, or in Parlin stream above Lang brook, fifty cents per thousand feet. For all logs and lumber landed in said Parlin stream below Lang brook, thirty cents per thousand feet. The above toll to be reckoned by the surveyor's scale adopted by the Kennebec Log Driving Company. The said company shall have a lien upon the logs and other lumber which may pass over and through any of its dams and improvements until the full amount of said toll is paid, to be enforced by attachment, but the logs of each mark shall only be holden for the unpaid tolls of such mark. 'Section 6. The capital stock of this corporation shall be ten thousand dollars.

'Section 7. When said corporation shall have received in tolls its outlay on all dams and improvements, and for repairs made up to that time, with six per cent interest thereon, then the tolls herein provided shall be reduced to a sum sufficient to keep said dams and other improvements in repair. Some suitable person shall be appointed by said corporation as auditor to audit the account and determine the cost of said dam, improvements and repairs.

'Section 8. The first meeting of said corporation shall be called by a notice signed by one of the incorporators named in section one, mailed to each of the other incorporators at least seven days before the day of such meeting.

'Section 9. Said corporation is authorized to impound and restrain the natural flow of said waters only when and in so far as necessary for log-driving purposes, and as limited by this act. No dam authorized by this act shall be used for power

purposes.

'Section 10. All the property, rights and franchises within the state of Maine acquired, erected, owned, held or controlled

by the said corporation, or its successors or assigns, at any time after this act shall take effect, under and by virtue of the terms thereof, shall be subject to be taken over by, and become the property of the state of Maine, whenever said state shall determine by appropriate legislation that the public interests require 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 right shall be wholly excluded in the determination of the amount to be paid to said corporation by said state of Maine.

CHAP. 85

subject to be

taken over

by the state.

-value of

determined.

The fair value of the property, right and franchises so taken by the state of Maine, subject to the exceptions hereinbefore property, how 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 March 10, 1911.

Chapter 85.

An Act to incorporate the New Sharon Water Company.

Corporators

Be it enacted by the People of the State of Maine, as follows: Section 1. O. B. Head, C. A. Thompson, W. W. Norcross, V. G. Day, R. Y. Swift, E. H. Smith, J. A. Morrill, L. F. Dolloff, and E. E. Richards, with their associates and successors, be and are hereby made a corporation under the name of the New Sharon Water Company, for the purpose of supplying the inhabitants of the town of New Sharon, with pure water name. for domestic, sanitary and municipal purposes, including the extinguishment of fires; and such corporation shall possess all the powers and privileges and be subject to all the liabilities and obligations imposed upon corporations by law, except as herein otherwise provided.

-corporate

-purposes.

CHAP. 85

Place of business.

-may take water.

Section 2. be at New Maine.

The place of business of said corporation shall Sharon, in the county of Franklin and state of

Section 3. For any of the purposes aforesaid the said corporation is hereby authorized to take and use water from any spring, pond, brook, well or other waters in the towns of New Sharon and Vienna in Kennebec county, and to survey for, lo-may main cate, construct and maintain all suitable and convenient dams, reservoirs, sluices, hydrants, wells, buildings, machinery, lines of pipe, aqueducts, structures and appurtenances.

tain dams,

etc.

May lay lines of pipe.

-build structures.

-cross sewers.

May cross streets,

rivers,

-may take

pipe.

Section 4. The said corporation is hereby authorized to lay, construct and maintain its lines of pipe in the said towns of New Sharon and Vienna, and to build and maintain all necessary structures therefor, at such places as shall be necessary for the said purposes of said corporation; and to cross any water course, private or public sewer, or to change the direction thereof, when necessary for their said purpose of incorporation, but in such manner as not to obstruct or impair the use thereof, and the said corporation shall be liable for any injury caused hereby.

Section 5. The said corporation is hereby authorized to lay, construct and maintain in, under, through, along, over and railroads, etc. across the highways, ways, streets, railroads, streams, river and bridges in the said towns, and to take up, replace and repair, all such aqueducts, sluices, pipes, hydrants and other up and repair structures and fixtures, as may be necessary and convenient for any of the said purposes of the said corporation, under such reasonable restrictions and conditions as the selectmen of the respective towns may impose; and the said corporation shall be responsible for all damage to the said towns and to all corporations, persons, and property, occasioned by such use of the highway, ways and streets.

-restrictions.

-may lay pipes in streets.

May take

age.

Whenever the said corporation shall lay down or construct any pipes or fixtures in any highway, way or street, or make any alteration or repairs upon its works, in any highway, way or street, it shall cause the same to be done with as little obstruction to public travel as may be practicable, and shall, at its own expense, without unnecessary delay, cause the earth and pavement then removed by it, to be placed in proper condition.

Section 6. The said corporation is hereby authorized to take land for flow and hold by purchase or otherwise any land necessary for flowage, and also for its drains, reservoirs, gates, hydrants, wells, buildings and other necessary structures, and may locate, erect, lay and maintain aqueducts, hydrants, lines of pipes, and other

necessary structures or fixtures in, over and through such land for such location, construction and erection.

CHAP. 85

-may make

And in general to do any act necessary, convenient or proper for carrying out any of the said purposes or incorporation. It may enter upon such land to make surveys and locations, and shall file in the registry of deeds in the counties of Franklin and surveys. Kennebec plans of such locations and lands, showing the prop-shall file erty taken, and within thirty days thereafter publish notices of locations. such filing in some newspaper in each of said counties, such publication to be continued three weeks sucecssively. Not more than two rods in width of land shall be occupied by more than one line of pipe or aqueduct.

Section 7. Should the said corporation and the owner of such land be unable to agree upon the damage to be paid for such location, taking, holding, flowing and construction, the land owner of said corporation may, within twelve months after said filing of plans of location, apply to the commissioners of said county of Franklin, and cause such damages to be assessed in the same manner and under the same conditions as are prescribed by law in the case of damages by the laying out of highways, as far as such law is consistent with the provisions of this act. If said corporation shall fail to pay such land owner, or deposit for his use with the clerk of the county commissioners aforesaid such sum as may be finally awarded as damages, with costs when recovered by him, within ninety days after notice of final judgment shall have been received by the clerk of courts of said county, the said location shall be thereby invalid, and the said corporation shall forfeit all rights under the same as against such land owner. In case the said corporation shall begin to occupy such land before the rendition of final judgment the land owner may require the said corporation to file its bond to him with the said county commissioners, in such sum and with such sureties as they may approve, conditioned for said judgment or deposits. No action shall be brought against the said corporation for such taking, holding and occupation until after such failure to pay or deposit as aforesaid.

Damages for

taking of

land, how

paid.

Section 8. Any person suffering damage by the taking of Damages, water by said company as provided by this act, may have his how assessed. damage assessed in the same manner provided in the preceding section, and payment therefor shall be made in the same manner and with the same effect. No action shall be brought for the same until after expiration of the time of payment and a tender by said company may be made with the same effect as in the preceding section.