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СНАР. 149

-may restrain

Said company is authorized to impound and restrain the natur- natural flow of said waters only when and in so far as is necessary for log driving purposes. The dam or dams authorized by this act shall not be used for power purposes.

al flow of water.

-restriction.

Tolls on logs and lumber regulated.

-lien

on

logs and lumber.

-enforcement of lien.

Readjust

Said company shall not have the right under this charter to interfere with or take the existing dam, mill, mill rights, or water rights, now on said stream in Wellington owned by and under control of M. L. Burdin and known formerly as Randall's Mills.

Section 4. Said company may demand and receive a toll of twenty-five cents per thousand feet, board measure, on all logs, lumber, poplar, and pulp wood, which may pass through or over said dams and improvements in said towns of Wellington and Parkman, except those logs which shall be manufactured at the mill of said M. L. Burdin in said Wellington; and said company shall have a lien on all logs, lumber, poplar, and pulp wood, which may pass through or over any of its dams or improvements for the payment of said tolls and the costs and charges for enforcing the same, which shall continue for thirty days after such logs, lumber, poplar, and pulp wood, or the major part thereof, shall have arrived at their destination, and after demand of payment made upon the owner or person in charge thereof. If said toll is not paid within thirty days after said logs, lumber, poplar, or pulp wood, or the major part thereof shall have arrived at its destination as hereinbefore set out, said Carleton Stream Dam Company may seize, hold and sell at public auction such part of said logs, lumber, poplar, or pulp wood, as shall be necessary to pay such tolls with all incidental costs and charges thereon after ten days' notice in writing of the time and place of said sale given to the owner of such logs, lumber, poplar, or pulp wood. Said company is hereby authorized to pay to the Guilford Manufacturing Company the amount expended by said company in the fall of nineteen hundred and ten in improving said stream for driving logs or lumber down said stream.

Section 5. When said corporation shall have received from ment of tolls. tolls the amount hereby authorized to be paid to said Guilford Manufacturing Company, its outlay on dams, improvements and repairs, with six per cent interest thereon, including all damages paid for flowage or otherwise then the tolls herein provided shall be reduced to a sum sufficient to keep the said dams and other improvements in repair.

First meeting, how called.

Section 6. The first meeting of said company shall be called at Guilford, Maine, by a notice signed by any one of the incorporators named in section one setting forth the time, place and

purpose of the meeting, and such notice shall be mailed to each of the other incorporators, postage paid, seven days at least before the day of such meeting.

Approved March 21, 1911.

CHAP. 150

Chapter 150.

An Act to regulate fishing in the tributaries to Lake Sebasticook, socalled, in the town of Newport, in the County of Penobscot.

'Lake Sebasti

ed.

-Folsom

Be it enacted by the People of the State of Maine, as follows: Section I. In addition to the close season for fishing now Fishing in provided by the general law of the state, it shall be unlawful tributaries to to fish for, take, catch or kill any kind of fish at any time from cook regulatApril first to July first of each year in Folsom stream, socalled, a tributary to Lake Sebasticook, so-called, which lake stream. is situated in the town of Newport, in the county of Penobscot, from the woolen mill dam in Corinna to its junction with said Lake Sebasticook, or in Stetson stream, so-called, a tributary Stetson to said Lake Sebasticook, from the lower mill dam in Stetson village to its junction with said Lake Sebasticook, or in any other tributary to said Lake Sebasticook in said town of Newport, or in that portion of Lake Sebasticook lying north and east of a straight line drawn from Sandy point, so-called, on Lake Sebastithe east shore of said lake, in a northeasterly direction, to the Maine Central Railroad Company's culvert on the west shore, or in Durham bridge cove, so-called, or at any point within six hundred yards from the center of Durham bridge, so-called.

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.

stream.

-certain portion of

cook.

-unlawful to have fish in possession.

Section 2. Whoever violates any provision of this act shall Penalty. be subject to the same penalty as is provided in the general law of the state for the illegal taking, catching or killing of trout or land-locked salmon.

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.

Approved March 21, 1911.

[blocks in formation]

Chapter 151.

An Act to extend and amend the charter of the Lincoln County Street
Railway.

Be it enacted by the People of the State of Maine, as follows:

Section 1. The time within which the Lincoln County Street Railway, a corporation organized under the general laws of the state, shall actually commence business under its charter, is hereby extended two years from the date when this act takes effect.

Section 2. Said corporation is authorized to use steam as a motive power.

Approved March 21, 1911.

Section 4. chapter 357, special laws 1903, amended.

Tolls on log and lumber

regulated.

Chapter 152.

An Act to amend the charter of the Kibbie Dam Company.

Be it enacted by the People of the State of Maine, as follows: Section four of chapter three hundred and fifty-seven of the private and special laws of the state of Maine for the year nineteen hundred and three be amended as follows:

By striking out the word "forty-five" in the fifth line of said section and substituting therefor the word 'fifty-five'; by striking out the word "thirty-five" in the eighth and ninth lines of said section and substituting therefor the word 'forty-five'; by striking out the word "twenty-five" in the thirteenth line of said section and substituting therefor the word 'thirty-five'; by striking out the word "fifteen" in the fifteenth line of said section and substituting therefor the word 'twenty-five'; by striking out the word "ten" in the eighteenth line of said section and substituting therefor the word 'twenty'.

So that said section as amended shall read as follows:

'Section 4. 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 said Kibbie stream above the upper west branch dam, a sum not exceeding fifty-five cents per thousand feet; for all logs and lumber landed on said stream between said upper west branch dam and the north line of the Rockwood strip, so-called, in Kibbie township, a sum not exceeding forty-five cents per thousand feet; for all logs and lumber landed on said stream between said north line of the Rockwood strip and the flowage line of lower Kibbie dam, situated near the west line of township four, range five, a sum not exceeding thirty-five cents per thousand feet;

CHAP. 153

-scale.

and lumber.

for all logs and lumber landed in said stream between said flowage line and lower Kibbie dam, a sum not exceeding twentyfive cents per thousand feet; and for all logs and lumber landed on said stream between said lower Kibbie dam and the mouth of Kibbie stream, a sum not exceeding twenty cents per thousand feet. All the above tolls to be reckoned at the survey or scale adopted by the Kennebec Log Driving Company. Said Kibbie Dam Company shall have a lien upon all logs and lum- lien on logs ber which may pass over any of its dams and improvements until the full amount of tolls is paid; but the logs of each particular mark shall only be holden to pay the toll on such mark; and if said toll is not paid within thirty days after said logs or lum-enforceber, or the major part thereof, shall have arrived within the lim- ment of lien. its of the Kennebec Log Driving Company, said Kibbie Dam Company may seize, hold and sell at public auction such part of said logs or lumber as shall be necessary to pay such tolls, with all incidental costs and charges thereon, after ten days' notice in writing of the time and place of said sale given to the owner of such logs or lumber.

Approved March 21, 1911.

Chapter 153.

An Act authorizing Kingsbury Plantation to build and maintain its roads and bridges, and to raise money for the same.

Be it enacted by the People of the State of Maine, as follows:

maintenance

The municipal officers of Kingsbury plantation in the county Plantation of Piscataquis, are hereby given all the powers of municipal may assume officers of towns to lay out, alter, widen, or repair public or road and and repair of private ways within said plantation, and to assess and expend bridges. such sums of money as the said plantation may at its annual meeting raise therefor, in all respects as the municipal officers of towns may do; and so far as applicable the provisions of chapter twenty-three of the revised statutes, shall apply to laying out, extending, altering, or repairing public or private ways in said plantation; and all the powers which towns now have to raise and expend money for the purpose of making and repairing ways, building bridges, and paying officers and agents, are hereby extended to said plantation.

Approved March 21, 1911.

CHAP. 154

Houlton municipal court

Chapter 154.

An Act to establish the Houlton Municipal Court.

Be it enacted by the People of the State of Maine, as follows: Section 1. A municipal court is hereby established in the established. town of Houlton, in the county of Aroostook, which shall be called the Houlton municipal court, and which shall have a seal, and shall be court of record.

Judge appointment

tion of.

Said court shall consist of one judge, who shall be a member and qualifica of the bar of this state, who shall reside during his continuance in said office in said town of Houlton, and who shall be appointed, qualified, and hold his office as provided by the constitution of this state, and of a recorder, who shall be appointed by the governor, by and with the advice of the council; and shall hold his office for the term of four years, and be duly commissioned and qualified.

-recorder.

-tenure.

Jurisdiction..

with trial

-with S. J. court and Caribou municipal.

Section 2. Said court shall exercise jurisdiction over all such matters and things, civil and criminal, within the county of Aroostook, as trial justices, justices of the peace and justices of the peace and quorum may exercise and under similar restricconcurrent tions and limitations and concurrent jurisdiction with trial jusjustices. tices in cases of forcible entry and detainer; and exclusive jurisdiction over all offenses committed against the ordinances or by-laws of the town of Houlton; and over all such criminal offenses committed within the limits of the same as are cognizable by trial justices; and no trial justice or justice of the peace shall take cognizance over any crime or offense committed within the limits of said town of Houlton, or any civil action over which said court has exclusive jurisdiction; and shall have original jurisdiction concurrent with the supreme judicial court and the Caribou municipal court of all other crimes, offences and misdemeanors committed in said county of Aroostook, which are by law punishable by fine not exceeding fifty dollars, and by imprisonment not exceeding three months, and where the property in question or injury done is not alleged to exceed S. J. thirty dollars in value. Said court shall have concurrent jurisdiction with the supreme judicial court in all personal actions where the debt or damage demanded, exclusive of costs, is over twenty dollars, and not over two hundred dollars and in all actions of replevin under chapter ninety-eight of the revised statutes, when the sum demanded for the penalty, forfeiture or damages, or the value of the goods or chattels replevined does not exceed two hundred dollars; in which any person summoned as trustee resides within the territorial jurisdiction district of said court, as hereinafter defined, or, if a corporation, has an

-with court.

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