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CHAP. 226

And all the rights, powers and privileges that were granted by said act, may and shall be exercised in the same manner and for the same purposes as provided in said act.

Approved March 28, 1911.

Section 1, chapter 231, special laws,

1909, amended.

Corporators.

-corporate name and purposes.

Chapter 226.

An Act to amend Section one of Chapter two hundred and thirty-one of the Private and Special Laws of nineteen hundred and nine relating to the Aroostook Mutual Fire Insurance Company.

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

Amend section one of chapter two hundred and thirty-one of the private and special laws of nineteen hundred and nine by striking out in the tenth line in the said section the words "County of Aroostook," and inserting the words 'State of Maine', so that said section as amended shall read as follows:

'Section 1. George W. Irving, E. L. Clevland, Fred Simonson, D. W. Corey, C. A. Powers, G. M. Colbath, H. W. Safford, T. B. Bradford, E. S. Stackpole, E. S. Perry, and R. L. Pitcher with all other members that may hereafter be admitted to the company, are hereby made a corporation under the name of the Aroostook Mutual Fire Insurance Company, for the purpose only of carrying on business as a mutual fire insurance company for insurance upon potatoes, local or in transit, and upon potato-houses and other real and personal property in the state of Maine with all the powers, rights and privileges. and subject to all the duties, liabilities and restrictions set forth. in all the general laws of the state relating to such insurance companies, except as herein provided.'

Approved March 28, 1911.

Description of territory within Bayville Village Corporation.

Chapter 227.

An Act to incorporate the Bayville Village Corporation.

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

Section I. That part of the territory of the town of Boothbay Harbor, in the county of Lincoln, embraced within the limits described as follows: Commencing at the southerly point of the boundary line between the town of Boothbay and Boothbay Harbor, on Linekins bay, so-called, and extending northerly along said boundary line to a point where the line extended along a certain stone wall which runs east and west near the

CHAP. 227

fork of the main road would intersect this town line; thence extending westerly along this line of said stone wall extended east and west to a point which would mark its intersection with the westerly line extended of lots twenty-two, twenty-three, twenty-four and twenty-five, according to the plan of Bayville made by Tristham Griffin; thence along the westerly line of lots twenty-two, twenty-three, twenty-four and twenty-five to the low water mark of Linekins bay; thence along the low water mark of Linekins bay to the point of beginning; together with the inhabitants within said territory and certain owners of real estate therein as hereinafter specified is hereby created a body politic and corporate by the name of the Bayville Village Cor--corporate poration.

name.

to raise

-for fire department.

streets,

sidewalks,

sewers, etc.

for care of dedicated to

property

public uses.

Section 2. Said corporation is hereby authorized and vested Authorized with the power at any legal meeting called for the purpose to money. raise money for the following purposes: To create and maintain a fire department with all the necessary equipment, appliances and apparatus for the prevention and extinguishment of fires; to build, repair and maintain roads, streets and ways, side- for roads, walks, sewers and other sanitary works, including the collection and removal of offal and garbage; to provide for the schooling for schools. of scholars within the corporate limits as may be required by the laws of the state of Maine; to care for and beautify that portion of the corporate territory of Bayville which may here after be reserved for and dedicated to public uses to be enjoyed in common by all the owners of lots of said Bayville and to that end to build roads and walks upon and through said public lands and to plant and care for trees in the roads and streets and upon said public lands; to build, repair and maintain public to build wharves and landings; to establish and maintain police and night watch; to procure water for fire, domestic and other purposes and to produce or procure light for public use and for the use of the inhabitants of said village corporation, and for such purposes to contract with the town of Boothbay Harbor only to furnish such water, and with any individual, firm or corporation to furnish such light for either or both of the purposes named; and to establish reasonable rates to be paid by the inhabitants of said Bayville using said light for domestic purposes, if produced by said corporation.

Section 3. The town of Boothbay Harbor is hereby relieved from any and all duty to build, repair or maintain roads, streets or ways within the territory of said Bayville Village Corporation or to build schoolhouses, maintain schools thereon, or to provide for the schooling of scholars as is required by the laws of the state, or to perform any of the duties for which said

public

wharves. for water supply and

-for police.

lights.

Town of Harbor recertain

Boothbay

lieved from

duties.

CHAP. 227

Powers and
duties of
corporation
in laying out
town ways.

Proportion
of taxes
town of
Boothbay
Harbor
shall pay
to Village
Corporation.

How assessments shall be made.

Corporate officers.

corporation is authorized by section two of this act to raise money, and said town shall not be liable for defects in streets, ways or roads within the limits of said village corporation, nor for failure to perform any duty from which it is relieved by this act, but said corporation shall assume all of said duties and be liable for said defects in streets, ways and roads and for failure to perform the duties assumed as the town of Boothbay Harbor would have been liable except for this act, which liability may be enforced under the same conditions, in the same manner and with the same remedies as are provided by law in relation to towns.

Section 4. Said corporation and the overseers thereof shall have the same power and duties in laying out, discontinuing and altering town ways within the territory aforesaid, the Bayville Village Corporation, which the town of Boothbay Harbor and the selectmen now have to be exercised and performed under the same conditions and limitations and in the same manner that they are now exercised and performed by said town and its selectmen.

Section 5. The town of Boothbay Harbor shall annually pay over to the treasurer of said corporation out of the taxes collected from the inhabitants and estates within the territory of the Bayville Village Corporation, aforesaid, a sum equal to sixty per centum of all the town taxes, exclusive of the state and county tax collected from said inhabitants and estates.

Section 6. All moneys which shall be raised for the purposes named in section two of this act or for any other purpose, for which the corporation may lawfully raise money shall be assessed upon the taxable polls and estates embraced within the limits of the corporation by the assessors of the town of Boothbay Harbor in the same manner as is provided by law for the assessment of town and county taxes. For the purposes of taxation under this act the person or persons entitled to the use or occupation of any lot of land within the limits of said Bayville Village Corporation shall be deemed the owner thereof and be taxed for said lot and the improvements, if any, thereon.

Section 7. The officers of said corporation shall be a clerk, who shall be a resident of this state, a treasurer and five overseers who shall be chosen by ballot and such other officers as the by-laws of said corporation may require, but one of the said overseers shall be, ex-officio, the chairman of the board of -may adopt selectmen of the town of Boothbay Harbor. Said corporation

code of

by-laws.

is empowered to adopt at any legal meeting called for that purpose, a code of by-laws for the government of the same and for the proper management of its prudential affairs and other pur

CHAP. 227

-proviso.

poses connected therewith, provided said by-laws are not re-
pugnant to the laws of the state. Such code of by-laws may
be altered or amended at any legal meeting of the corporation
in the call for which notice of the proposed change has been
given. The officers aforesaid shall be sworn before the clerk
or a justice of the peace and the treasurer shall give bond to sworn.
said corporation in such sum as the overseers may direct, which
bond shall be approved by the overseers and clerk.

Section 8. Any person who is a legal voter in said corporation may be elected or appointed to any office therein, but shall cease to hold said office whenever he ceases to be such legal voter. The provisions of this section shall not apply to that member of the overseers who as chairman of the board of selectmen is a member of said board of overseers, ex-officio.

--officers shall be

Legal voter

may be appointed to

elected or

any office.

duties of.

of expendi

be filed with officers of

Harbor.

ed balance.

Section 9. Said overseers shall be the general municipal offi- Overseers, cers of said corporation and shall have general charge of its affairs and of the expenditures of all money therein except so far as the same may be committed to other officers or persons. Section 10. The overseers and the treasurer of said corpora- Statement tion shall file with the municipal officers of the town of Booth- tures shall bay Harbor, on or before the first day of April of each year, a municipal full and detailed statement of all expenditures of money which Boothbay have been paid to them under the provisions of section five of this act. And should there then be any unexpended balance of unexpendthe moneys paid to said corporation, according to section five of this act, the treasurer of said corporation shall then pay the same to the treasurer of the town of Boothbay Harbor, but this unexpended balance so paid shall be returned to the treasurer of this corporation upon written request of the overseers, or a majority thereof, to be used by said corporation for any purposes authorized by this act and to all interests and purposes this money shall be deemed and held by the town of Boothbay Harbor as a deposit for the corporate purposes of this corporation payable upon written demand as aforesaid to said corporation.

for assess

taxes within

Section II. Upon a certificate being filed with the assessors Proceedings of the town of Boothbay Harbor by the clerk of this corpora- ment of tion of the amount of money voted to be raised at any meet- limits of the ing for any of the purposes aforesaid, it shall be the duty of corporation. said assessors or their successors in office, at the time of the next annual assessment of town and county taxes in said town of Boothbay Harbor, to assess the total amounts certified by the clerk of this corporation upon the polls and estates of persons residing within the limits of said corporation, and upon the estates of non-resident proprietors thereof and to certify and

CHAP. 227

-duty of

treasurer of

the corporation.

-percentage for collecting taxes.

Legal voters at meetings of the corporation defined.

-overseers

shall prepare

deliver the lists of the assessments so made to the collector of the town of Boothbay Harbor, whose duty it shall be to collect the same in like manner as county and town taxes are by law collected and said collector shall pay over all moneys collected, by him to the treasurer of said corporation whenever the overseers shall so direct. It shall be the duty of the treasurer of said corporation to receive all moneys belonging to the corporation and pay it out only upon the written order or direction of the overseers and to keep a regular account of all moneys received and paid out and to exhibit the same to the overseers whenever requested, and said town of Boothbay Harbor shall have the same power to direct the mode of collecting said taxes that it has in the collection of the town taxes, and said collector shall have the same rights and powers to recover any taxes committed to him under the provisions of this act by suit that he has for the collection of town taxes committed to him, and the town of Boothbay Harbor shall have the same right to recover taxes assessed under this act by suit that it has to recover town taxes assessed therein. The collector of Boothbay Harbor shall be entitled to receive the same percentage for the collection of taxes assessed under this act, and the same fees in connection with the collection thereof, which he receives for the collection of the town taxes, but if said collector shall be paid a salary for the collection of taxes in said town, then he shall be entitled to receive for the collection of taxes assessed under this act that proportionate part of said salary that the taxes assessed in the corporate limits of Bayville bears to the taxes collected for the town of Boothbay Harbor.

Section 12. All persons residing within the limits of said corporation who would be legal voters in the town of Boothbay Harbor, and every person of lawful age who owns and occupies or leases and occupies one or more lots of land within the limits of said corporation, and at the same time is a shareholder in good standing in the Bayville improvement association shall be legal voters at any meeting of said corporation at which they are present. The overseers of said corporation shall determine lists of who are the legal voters at any meeting and shall prepare a list of said voters at least twenty-four hours before every meeting, which said list they may amend or correct at any time before said meeting or during its progress. The vote upon any proposition at any meeting shall be taken and checked by this list upon the demand of five legal voters; provided, however, that every person who by virtue of a joint ownership of himself and some other person or persons of a share of said stock and by agreement with the other joint owners, is in possession of

voters.

-vote shail be taken and checked by list. -proviso.

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