CHAP. 131 Action of city council may be rati fied or re jected at spe cial election. Petition for special election filed with city. -major vote final. terms and conditions upon which said permission may be granted as specified and provided in section five of this act. Section 7. The municipal officers of the city of Bangor shall upon the petition of four hundred qualified voters of said city cause a special election to be held within thirty days from the day of the filing of said petition, for the purpose of ratifying or rejecting such actions as the said city council may take in imposing terms upon such corporations and companies for use of said bridge as provided for in section five of this act. Said petition to be valid shall be filed with the city clerk of said city of Bangor within seven days from the time said action is taken by said city council, and if a majority of the votes cast at said special election are in favor of rejecting the action of said city council, said action shall be rendered null and void. If a majority of votes shall be in affirmation of said action, then said action will be final. Approved March 16, 1911. Company authorized to lower the waters of Pemamaquam lake. -low water mark to be determined by engineer agreed upon by parties. -sufficient notice. Chapter 131. An Act granting certain powers to the Pennamaquam Power Company. Be it enacted by the People of the State of Maine, as follows: Section 1. The Pennamaquam Power Company, a corporation existing under the laws of the State of Maine, successor to the Pembroke Power Company, its successors and assigns, is hereby authorized to lower the waters of lake Pennamaquam, situated in the county of Washington, for the purpose of making more uniform its power, and when necessary for said purpose in periods of drought or dry seasons, to a level of eighteen. inches below the low water mark of said lake in the year nineteen hundred and ten; said low water mark of the year nineteen hundred and ten to be determined by such civil engineer as may be agreed upon by the land owners, whose rights will be affected, and bordering on said lake, and the Pennamaquam Power Company, and to be fixed by said engineer upon investigation and such evidence as he deems necessary; said low water mark shall be established by said engineer at any time after thirty days' notice to all parties owning lands bordering upon said lake and affected by this act. Said notice shall be considered sufficient for the purposes of this act when the Pennamaquam Power Company, through its president, shall have mailed to the last known address of all real estate owners, resident or non-resident, whose names appear as being assessed CHAP. 131 two eng!be selected if neers shall parties fail to agree on one. upon the assessors' books of the town of Charlotte for the year in which this low water-mark is established, a written communication stating its purpose to have the low water mark of one thousand nine hunlred and ten established by said civil engineer. In the event of the Pennamaquam Power company and land owners, whose rights are affectel by this act, being unable to agree on the engineer aforesaid, then said land owners shall name a civil engineer, said power company shall name a civil engineer and the two shall proceed to establish the low water mark as aforesaid; and in the event of their not being able to agree, these two shall have authority to choose a third third party party and the low water mark as agreed upon by any two of en. the three so acting shall be fixed and established as the low water mark of nineteen hundred and ten. If real estate owners, herein referred to, neglect, for a period of thirty days after having been notified by said Pennamaquam Power Company of their intention to have the low water mark of nineteen hundred and ten determined by a civil engineer, to express their desires as to who shall act as said engineer, and neglect to select an engineer within said thirty days, then such civil engineer as the Pennamaquam Power Company shall select shall proceed to fix the same and his decision shall be final. may be chos may remove at outlet of lake. For the purpose of lowering the water as aforesaid, the company said Pennamaquam Power Company is hereby authorized and obstructions empowered to remove such ledges, rocks and other obstructions at the outlet of lake Pennamaquam, and where the same enters into Pennamaquam river, as are necessary for said purpose, and to make such improvements and to construct such appliances as may be necessary at the outlet of said lake to maintain the level of said lake as herein provided for. In no event, however, is the said power company authorized or empowered by alterations so made or structures so erected to raise the waters of said lake above the present high water level. Section 2. Any person, or persons, claiming damages under compensathis act may obtain compensation for the injury in the same manner as is provided by any of the methods prescribed under chapter ninety-four of the revised statutes of the state of Maine. Section 3. Nothing in this act shall authorize the taking at any time of water from Boyden's lake, the source of the water supply for the city of Eastport; and the Eastport Water Company, for the purpose of at all times maintaining a sufficient supply of water for the uses of the city of Eastport and the inhabitants thereof, is hereby authorized and empowered to construct and maintain at or near the Boyden's lake end of tion for dam ages, how ob tained. Taking water den's lake ized by this from Boy not author act. Eastport Wa- ter CHAP. 132 -liable for damages. -damages, how ascertained, if parties fail to agree. the small stream connecting Boyden's lake with Pennamaquam lake, a good and sufficient dam to retain the water in Boyden's lake, and shall be liable for all damages caused by the taking of land therefor. Said damages, if not agreed upon, to be ascertained in the manner and under the same conditions, restrictions and limitations as are prescribed by law in the case of damages by the laying out of railroads. Until said dam shall be constructed as aforesaid, nothing in this section shall render the Pennamaquam Power Company liable to the Eastport Water Company by reason of the provisions of this section. Approved March 16, 1911. Company authorized to erect and maintain dam. May take land. -may enter and pass over land. Shall file plans in registry of deeds. Chapter 132. An Act granting certain powers to the Eastport Water Company. Be it enacted by the People of the State of Maine, as follows: Section I. The Eastport Water Company, a corporation organized and existing under the laws of the state of Maine and having its principal office at Eastport in the county of Washington and state of Maine, for the purpose of conserving and insuring at all times a more perfect and sufficient supply of pure water for the city of Eastport to be used for domestic, fire, mechanical and municipal purposes, is hereby authorized and empowered to erect and maintain a dam at or near the Boyden lake end of the small stream connecting Boyden lake with Pennamaquam lake and a dam at the outlet of Boyden lake; and further is authorized to raise its dams already constructed and maintained on Little river in the town of Perry. Section 2. Said Eastport Water Company is hereby authorized for the purpose aforesaid to take and hold, by purchase or otherwise; to enter, pass over and excavate any lands necessary for the purposes authorized by this act. Section 3. Said Eastport Water Company shall file in the registry of deeds in the county of Washington, plans and descriptions of the location of all lands taken under the provisions of this act except such lands as are flowed, and no entry shall be made upon any land, except to make surveys, until the expiration of twenty days from such filing and with such plan the corporation, may file a statement of the damages it is willing to pay to any person or corporation for any property so taken, and if the amount finally awarded does not exceed that sum the company shall recover costs against said person or corporation, otherwise such person or corporation shall recover such costs against said company. CHAP. 133 damages oc taking land, damages, how ascer Section 4. Said Eastport Water Company shall be held Liable for liable to pay all damages that shall be sustained by any person casioned by by the taking of any land or other property, or by flowage, etc. or by excavating through any land for the purposes of this act, and also damages for any other injuries resulting from said acts; and if any person sustaining damages as aforesaid and said corporation cannot mutually agree upon the sum to be tained, if paid therefor such person may cause his damages to be ascertained in the manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages, by the laying out of railroads; except that damages -exception. for flowage shall be ascertained in accordance with the provisions of chapter ninety-four of the revised statutes of Maine. Approved March 16, 1911. parties can not agree. Chapter 133. An Act to protect striped or sea bass, in the waters of the Sheepscot Be it enacted by the People of the State of Maine, as follows: striped bass. Section 1. It shall be unlawful to fish for or catch striped close time on or sea bass in the waters of the Sheepscot river and its tributaries in any manner except by hook and line, between February fifteen and December thirty-one in each year. Section 2. Any person convicted of fishing or catching Penalty. striped or sea bass contrary to the provisions of section one of this act shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, by complaint or indictment. One-half to the use of the complainant and one-half to the county. Full jurisdiction to impose such fine is hereby conferred upon trial justices. Approved March 16, 1911. CHAP. 134 Salaries fixed by law, ap for 1911. Chapter 134. An Act to appropriate Moneys for the payment of Salaries fixed by law for the year one thousand nine hundred and eleven. Be it enacted by the People of the State of Maine, as follows: Section 1. In order to provide for the payment of salaries propriation fixed by law, for the current fiscal year one thousand nine hundred and eleven, the following sums are hereby appropriated out of any moneys in the state treasury, and, except where otherwise specially provided, the governor, with the advice and consent of the council, is hereby authorized at any time. prior to the first day of January, one thousand nine hundred and twelve, to draw his warrant on the state treasurer for the same. ADJUTANT GENERAL'S DEPARTMENT. For salary of adjutant general, as provided by ATTORNEY GENERAL'S DEPARTMENT. For salary of attorney general, as provided by BANK COMMISSIONER'S DEPARTMENT. For salary of bank commissioner, as provided by BOARD OF STATE ASSESSORS. For the salaries of the board of state assessors, as For the salary of clerk for the board of state as- $1,800 00 • 4,000 00 2,500 00 6,000 00 1,200 00 |