CHAP. 85 May make contracts for supplying wa ter. -towns may contract for water. Section 9. The said corporation is hereby authorized to make contracts with the United States, the state of Maine, the county of Franklin, the town of New Sharon and with any village corporation in the said town and with the inhabitants thereof, or any corporation doing business therein or water district, for the supply of water for any and all the purposes contemplated in this act; and the said town by its proper officers, is hereby authorized to enter into any contract with the said corporation for a supply of water for any and all purposes mentioned in this act, and in consideration thereof to relieve may abate said corporation from such public burdens by abatement or otherwise as said town, village corporation, water district may agree upon, and said contract shall be legal and binding upon all parties thereto. taxes. Pollution of water, to prohibit. Section 10. Whoever shall knowingly or maliciously corrupt the water supply of the said corporation, whether frozen or not, or in any way render such water impure, or whoever shall wilfully or maliciously injure any of the works of the said -penalty for corporation, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, and shall be liable to the said corporation for three times the actual damage, to be recovered in any proper action. pollution. Capital stock. May hold real and personal property. May issue bonds. First meeting, how called. Town of New purchase works. Section II. The capital stock of the said corporation shall be twenty-five thousand dollars, which may be increased to any sum not exceeding fifty thousand dollars, by a majority vote of the stockholders of the said corporation; and the stock shall be divided into shares of fifty dollars each. Section 12. The said corporation, for all its said purposes, may hold real and personal estate necessary and convenient. therefor. Section 13. The said corporation may issue its bonds for the construction of its works, of any and all kinds upon such rates and time as it may deem expedient, to an amount not exceeding its capital stock subscribed for, and secure the same by mortgage of its franchise and property. Section 14. The first meeting of the corporation shall be called by a written notice therefor, signed by any two of the named incorporators, served upon each named incorporator by giving him the same in hand, or by leaving the same at his last and usual place of abode, at least seven days before the time of meeting, or by publishing said notice in some newspaper published in the county of Franklin. Section 15. Said town of New Sharon or any water district including said town or a portion of said town, at any time after CHAP. 86 ter vote of shall sell. the expiration of five years from the opening for use and service of a system of water works constructed by said corporation and after a vote in a legal town meeting to that effect has by and afbeen passed, shall have the right to purchase, and by this act town. said corporation is required to sell to said town or any water corporation district including said town or a portion of said town, said system of water works including everything appurtenant thereto, and if said town or said water district and said corporation cannot agree upon the terms and price, then such terms and such fixed. price shall be determined and fixed by the chief justice of the supreme court of the state of Maine, after due hearing of the parties interested, and from the decision of said chief justice there shall be no appeal. Approved March 10, 1911. -terms of sale, how Chapter 86. An Act relating to the merger of the Portland Trust Company into the Be it enacted by the People of the State of Maine, as follows: Section 1. The merger of the Portland Trust Company into the Fidelity Trust Company upon such terms as said companies have mutually agreed or shall mutually agree, is hereby authorized and confirmed, subject to the final approval in writing. of the bank commissioner. Trust Com pany dis solved. continued Trust Com to Fidelity pany. deed of trans Section 2. Such merger shall not be deemed to work a dis- Portland solution of said Portland Trust Company or a termination of its corporate existence or franchise, but the corporate existence of said Portland Trust Company shall be continued to the Fidelity Trust Company and all the privileges and franchises said Portland Trust Company and all its rights, titles and interests in and to every species of property and things in action shall, immediately upon the approval of the bank commissioner as provided in the preceding section, without any deed or transfer without be vested in said Fidelity Trust Company to hold and enjoy in the same manner and to the same extent as the said Portland Trust Company had formerly held and enjoyed the same but said Portland Trust Company may in its discretion execute one certain or more deeds or documents of conveyance, transferring and confirming all its rights, titles and interests aforesaid to and in said Fidelity Trust Company. The rights of creditors of said rights of Portland Trust Company so merged shall not in any manner be impaired by such merger and the Fidelity Trust Company, upon such merger, shall continue to exercise in its own name, fer. deeds, author ized. creditors. CHAP. 87 or in the name of said Portland Trust Company if required, and be subject to, all the duties, relations, obligations, trusts and liabilities of said Portland Trust Company whether as debtor, depository, registrar, transfer agent, executor, trustee or otherwise, and be held liable to pay and discharge all such debts and liabilities and perform all such duties and trusts in the same manner and to the same extent as if said Fidelity Trust Company had itself incurred the obligation or liability or assumed the duty, relation or trust; and no suit, action or other proceeding pending before any court or tribunal in which said Portland Trust Company is a party shall be deemed to have abated or discontinued by reason of such merger. No reports or returns to the bank commissioner or otherwise shall make reports be required of said Portland Trust Company when so merged, but all returns required by law shall be made by the Fidelity shall be made Trust Company and shall include all assets, liabilities and trusts of said Portland Trust Company received or assumed by said Fidelity Trust Company under said merger. No other corporation shall use or take the name of Portland Trust Company without the consent of said Fidelity Trust Company. -Portland trust company not to to bank commissioner. -returns by Fidelity trust company. Approved March 10, 1911. Assessors shall assess sewer tax. Chapter 87. An Act additional to Chapter four hundred and six of the Private and Special Laws of eighteen hundred and fifty, entitled "An Act creating the Norway Village Corporation," as amended by Chapter four hundred and fifty-one of the Private and Special Laws of eighteen hundred and fifty-one, Chapter three hundred and fourteen of the Private and Special Laws of eighteen hundred and seventy, Chapter one hundred and eighty-five of the Private and Special Laws of eighteen hundred and seventy-five, Chapter three hundred and nine of the Private and Special Laws of nineteen hundred and one, Chapter two hundred and fourteen of the Private and Special Laws of nineteen hundred and five, relating to a public sewer for said Corporation. Be it enacted by the People of the State of Maine, as follows: Section 1. It shall be the duty of the assessors of the Norway Village Corporation, when said corporation, has constructed and completed any public drain or common sewer, to determine what lots or parcels of land are benefited by such drain or sewer, and to estimate and assess upon such lots and parcels of land, and against the owner thereof, or person in possession, or against whom the taxes thereon shall be assessed, whether said person to whom the assessment is so made shall be the owner, tenant, lessee or agent, and whether the same is occu CHAP. 87 equitable -not to exceed three fourths of or sewer. cost of drains -shall file locations of sewers. pied or not, such sum not exceeding such benefit as they may deem just and equitable towards defraying the expenses of con--a just and structing and completing such drain or sewer, the whole of such sum. assessments not to exceed three-fourths of the cost of such drain or sewer, and such drain or sewer shall forever thereafter be maintained and kept in repair by said village corporation. Said corporation assessors shall file with the clerk of said village corporation the location of such drain or sewer, with a profile description of the same, with the amount assessed drains and upon each lot or parcel of land so assessed, and the name of the owner of such lots or parcels of land or person against whom said assessment shall be made, and the clerk of said vil- clerk shall lage corporation shall record the same in a book kept for that purpose, and within ten days after filing such notice, each person so assessed shall be notified of such assessment by having an authentic copy of said assessment, with an order of notice be notified. signed by the clerk of said village corporation, stating the time and place for a hearing upon the subject matter of said assessments, given to each person so assessed or left at his usual place record loca tions. -person assessed shall how given. of abode in said village; if he has no place of abode in said notification, village, then such notice shall be given or left at the abode of his tenant or lessee, (if he has one in said village; if he has no such tenant or lessee) in such village, then by posting the same notice in some conspicuous place in the vicinity of the lot or parcel of land so assessed, at least thirty days before said hearing, or such notice may be given by publishing the same three weeks successively in any newspaper published in said village, the first publication to be at least thirty days before said hearing; a return made upon a copy of such notice by any constable in said village, or the production of the paper containing such notice, shall be conclusive evidence that said notice has been given, and upon such hearing, the corporation assessors shall have power to revise, increase or diminish any of such assessments, and all such revisions, increase or diminution shall be in writing and recorded by such clerk. Appeal from assessors, how taken. Section 2. Any person who is aggrieved by the doings of said corporation assessors in laying out and constructing said sewer, or in making said asessments, may appeal therefrom to the next term of the supreme judicial court which shall be holden in the county of Oxford, more than thirty days from and after the day when the hearing last mentioned is concluded, excluding the day of the commencement of the session of said. court; the appellants shall serve written notice of such appeal appellants upon the chairman of the board of corporation assessors or cor- notice. poration clerk, fourteen days at least before the session of said. shall serve CHAP. 87 -shall file complaints. Private drains to be connected with public drain or sewer. -permit to be obtained. Annual as sessments of one principal sum. court, and shall at the first term file a complaint setting forth substantially the facts in the case; either party shall be entitled to a trial by jury, or the matter in dispute, may, if the parties so agree, be decided by committee of reference, and the court shall render such judgment and decree in the premises as the nature of the case may require; at the trial exceptions may be taken to the ruling of the judge as in other cases. Section 3. Any person may enter his private drain into any such public drain or common sewer, while the same is under construction and before the same is completed, and before the assessments are made, on obtaining a permit in writing from the corporation assessors, or the sewer board having the construction of the same in charge; but after the same is completed and the assessments made, no person shall enter his private drain into the same, until a permit in writing is obtained from the village corporation treasurer, by authority of the corporation assessors. All permits given to enter any such drain or sewer shall be recorded by the corporation clerk of said village corporation before the same are issued. Section 4. The total amount of said assessment shall be astenth of sessed in annual assessments of one-tenth part of the principal sum of said total amount of said assessment, apportioned among the lots or parcels of land determined to be benefited under section one of this act in the same proportions the assessed values of said lots or parcels of land bear to the total assessed value of the land benefited, and shall be included as a part of the annual Norway Village Corporation tax against such lots or parcels of land in each and every year until the full amount of the said assessment is paid, with necessary interest on corporation bonds which may be issued for that purpose. And the part of said assessment so assessed shall annually create a lien on every lot or parcel or parcels of land so assessed, which lien shall be of the same character as the lien for other taxes, and shall be enforced in the same manner if not paid. -sewer as- as -annual sessments shall constitute a lien. Delinquent assessment, -may sue for. Section 5. If said assessments are not paid, and said village how collected. Corporation does not proceed to collect said assessments, by a sale of the lots or parcels of land upon which said assessments are made, or do not collect, or is in any manner delayed or defeated in collecting such assessments by a sale of the real estate so assessed, then the said village corporation, in the name of the said village corporation, may sue for and maintain any action against the party so assessed for the amount of said assessment, as for money paid, laid out and expended, in any court competent to try the same, and in such suit may recover the amount of such assessment, with twelve per cent. interest |