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CHAP. 255

When this

act shall go into effect.

Trial justices restricted.

Proceedings

when office of

vacant.

city of Belfast are hereby conferred on and vested in the Belfast municipal court.

Section 10. This act shall go into effect on the third day of April in the year of our Lord one thousand nine hundred and eleven.

Section II. Trial justices are restricted from any jurisdiction within said city of Belfast over any criminal matter except as provided in this act.

Section 12. When the office of judge of said court shall be judge shall be vacant by death, resignation or removal of the residents of said judge from said city, trial justices of said county of Waldo may perform within said city all acts and duties appertaining to the office of trial justice; and all proceedings commenced during such vacancy shall be finally determined by the trial justice, before whom they were commenced, or by some other trial justice within said county; and in case of such vacancy all proceedings pending in said court shall stand continued to the term. of said court next holden after such vacancy is filled.

Approved March 29, 1911.

Charter extended.

Section 2, chapter 315,

Chapter 255.

An Act to extend the provisions of Chapter three hundred and fifteen of the Private and Special Laws of nineteen hundred and nine, being "An Act to incorporate the Penobscot Bay Water Company," to March twenty-six, nineteen hundred and thirteen, and to amend said Chapter.

Be it enacted by the People of the State of Maine, as follows: Section 1. Chapter three hundred and fifteen of the private and special laws of nineteen hundred and nine being "An Act to incorporate the Penobscot Bay Water Company," is hereby extended to March twenty-six, nineteen hundred and thirteen. Section 2. Strike out the words "except Goose pond and its special laws, outlet situated in the towns of Searsport, Frankfort and Swanville or" in the fourth, fifth and sixth lines of said section, and insert in its place the following: 'Provided, that said company shall not take water from Goose pond in the town of Searsport, Frankfort and Swanville or the outlet streams of said pond until said company shall have obtained the written consent of all the owners of water power privileges located on said stream and,' so that said section shall read as follows:

1909, amended.

Sources of water supply.

'Section 2. Said company for said purposes may retain, store, collect, take, use, and distribute water from springs except such springs as are in actual use for domestic purposes, ponds, streams and other water sources in said Searsport. Provided

CHAP. 256

-proviso.

that said company shall not take water from Goose pond in the town of Searsport, Frankfort and Swanville, or the outlet of said pond until said company shall have obtained the written consent of all of the owners of water power privileges located on said stream; and from Boyd pond in the town of Stockton Springs and Prospect; and may locate, construct and maintain cribs, reservoirs, aqueducts, gates, pipes, hydrants and all other voirs, aquenecessary structures therefor.'

-may maintain reser

ducts, etc.

Approved March 29, 1911.

Chapter 256.

An Act to amend Chapter one hundred and twenty-five of the Private and Special Laws of eighteen hundred and ninety-five, entitled "An Act to Incorporate the York Shore Water Company."

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

Section 1. Chapter one hundred and twenty-five of the private and special laws of eighteen hundred and ninety-five is hereby amended so as to read as follows:

[blocks in formation]

'Section 1. Josiah Chase, Lindley M. Webb, Will R. How- Corporators. ard, Wilson L. Hawkes, Hartley W. Mason, Jeremiah P. Simpson, John E. Norwood, John H. Varrell and John L. Chase, with their associates and successors, are hereby made a corporation by the name of the York Shore Water Company, for corporate the purpose of supplying the towns of York and Wells, or any part thereof, and the residents therein, with pure water for domestic, manufacturing and municipal purposes, including the extinguishment of fires and the supply of shipping.

Section 2. Said corporation may hold real and personal estate, necessary and convenient for the purposes aforesaid, not excceding in amount four hundred thousand dollars.

name.

May hold
an amount of

property to

$400,000.

May take and
Chase's pond.

hold water of

may mainreservoirs,

tain dams and

and lay nec

essary pipes,

etc.

Section 3. Said corporation is hereby authorized for the purposes aforesaid, to take, hold, protect and use the water of Chase's pond in said town of York, and all other ponds and streams tributary thereto or running therefrom; and is also authorized to erect and maintain dams and reservoirs, and lay down and maintain pipes and aqueducts necessary for the proper accumulating, conducting, distributing, discharging and disposing of water; and said corporation may take and hold, and take by purchase or otherwise, any lands or other real estate necessary for any of the purposes aforesaid, and for the protection of its water mains and pipes and the watershed of said Chase's pond, and may excavate through any lands when necessary for the purposes of this incorporation. Provided, however, that proviso.

and hold nec

essary

lands.

CHAP. 256

-may regulate fishing

and boating on Chase's pond.

Shall be liable for damages occasioned by tak

before taking water from said pond, or erecting any structure
or laying any pipes at the outlet of said pond for that purpose,
said corporation shall obtain the consent therefor in writing of
the
person or persons who control the waters thereof. Said
company is hereby authorized to make such rules, regulations
and restrictions relating to boating, fishing and hunting on said
pond or on the watershed thereof as said company may deem

necessary.

Section 4. Said corporation shall be liable to pay all damages that shall be sustained by any persons by the taking of ing lands, etc. any lands or other property, or by flowage or excavatings, or by buildings dams and reservoirs or laying down pipes and hydrants; and if any person sustaining damage as aforesaid and said corporation cannot mutually agree upon the sum to be paid therefor, such person or said corporation may cause the damage to be ascertained in the manner prescribed by law in case of damage by laying out highways.

-how dam

ages may be

determined if

parties cannot agree.

May lay
pipes, etc.,
along high-
way, and take

same.

-under restrictions of selectmen.

for crossing

Section 5. Said corporation is hereby authorized to lay, construct and maintain, in, through, under and along the highup and repair ways, streets, railroads, bridges and water courses in said towns, all such aqueducts, pipes, hydrants and structures as may be necessary for the purposes of this incorporation, and to take up, replace and repair the same when necessary; and whẹn any work is done within the limits of any street or highway it shall be done under such restrictions and regulations as -regulations the selectmen of said towns may impose. Provided, that in railroads. case of any crossing of a railroad, unless said corporation shall agree with the company owning and operating such railroad, as to place, manner and conditions of the crossing, the railroad commissioners shall determine the place, manner and conditions. of such crossings; and all work within the limits of such railroad location shall be done under the supervision and to the satisfaction of the officers of such railroad company, but at the expense of this corporation. Said corporation shall be liable to pay to said towns all sums recovered against them, for damages from obstruction or defects of said streets and highways caused by said corporation, and for all expenses, including reasonable counsel fees, incurred in defending such suits, with interest on the same.

liable to towns.

May lay pipes

over or under tidal

waters.

Section 6. Said corporation is hereby authorized to lay, construct and maintain its pipes under, in and over tidal waters, and to build and maintain all necessary structures therefor, all to be done at such places as may be necessary for the purposes of said corporation, and not to obstruct navigation.

CHAP. 257

May contract

water.

Section 7. Said corporation is hereby authorized to make contracts, with the inhabitants of said towns, and individuals for supplying therein, and with other corporations, for the purposes of supplying water as contemplated by this act; and said towns by their selectmen are hereby authorized to contract with said. company for a supply of water for municipal or other purposes as said towns and said company may agree, which shall be legal and binding upon all parties thereto.

May cross

sewers, but struct same.

shall not ob

Penalty for polluting watershed of Chase's pond.

Section 8. Said corporation shall have the power to cross any public or private sewer, or to change the direction thereof when necessary for the purposes of this incorporation, but in such manner as not to obstruct or impair the use thereof; and said corporation shall be liable for any injury caused thereby. Section 9. Any person who shall leave the carcass of any dead animal or other offensive matter within the limits of the watershed of said Chase's pond, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not more than one year and shall be liable to said corporation for three times the actual damage, to be recovered in any proper action. Section 10. The capital stock of said corporation shall not Capital stock. exceed one hundred thousand dollars, and shall be divided into shares of one hundred dollars each.

Section II. Said ocrporation may issue its bonds for the construction and maintenance of its works upon such rates and for such time as it may deem expedient, not exceeding its capital stock, and secure the same by mortgage of the franchise and property of said company.

Section 12. The first meeting of said corporation may be called by written notice thereof, signed by any two corporators herein named, served on each corporator by giving him the same in hand, or by sending the same by mail to his last known place of residence at least thirty days before the time of meeting.'

May issue

bonds and

secure same

by mortgage

of property.

First meetcalled.

ing, how

Approved March 29, 1911.

Chapter 257.

An Act granting additional powers and privileges to the Peaks Island
Corporation.

Additional ed

Be it enacted by the People of the State of Maine, as follows: Section I. The Peaks Island Corporation, organized under the general laws of the state of Maine on the twenty-eighth day of March, in the year of our Lord nineteen hundred and poration. ten, in addition to the rights and powers vested in it under the

powers grantto Peak's Island Cor

574

CHAP. 257

water.

-generate

and supply

tricity.

-may lease or purchase Peaks Island Water and Light Co.

general laws of the state of Maine, is hereby authorized and empowered to have and exercise the following additional pow-may supply ers, privileges and franchises, to wit: To supply the residents of Peaks Island in Casco bay in said state of Maine with pure water for domestic, sanitary, manufacturing and municipal purposes, including the extinguishment of fires; also to generate, gas and elec- manufacture, sell, distribute and supply gas and electricity within the limits of said Peaks Island for lighting, heating, manufacturing and mechanical purposes, and for the purpose of lighting the streets and public squares on said island, with all the rights, powers and privileges hereinafter granted, and subject to all the restrictions, regulations and liabilities imposed now or hereafter by law on all similar corporations; and to enable it to carry out such purposes and to exercise the powers and franchises hereby granted, the said Peaks Island Corporation is hereby authorized to lease or purchase all the property, and all the rights, privileges and franchises of the Peaks Island Water and Light Company granted to it under chapter three hundred and seventy-seven of the private and special laws of the state of Maine approved March twenty-eight, nineteen hundred and three, under chapter two hundred and fortynine of the private and special laws of the state of Maine approved March fourteen, nineteen hundred and seven, and under chapter three hundred and sixteen of the private and special laws of the state of Maine approved March twenty-six, nineteen hundred and nine; also all the property and all the rights, privileges and franchises of the Peaks Island Gas Company, including the rights, privileges and franchises granted to said Peaks Island Gas Company under chapter ninety-four of the private and special laws of the state of Maine approved February twenty-eight, nineteen hundred and five, under chapter seventy-four of the private and special laws of the state of Maine approved March three, nineteen hundred and nine, and under chapter two hundred thirty-five of the private and special laws of the state of Maine approved March eighteen, nineteen hundred and nine, and the property, rights, privileges and franchises of any person or corporation supplying the residents of said Peaks Island with electricity for any of the purposes above enumerated. The said Peaks Island Water and Light Company and the said Peaks Island Gas Company are hereby authorized to lease or sell and convey to the said Peaks Island Peaks Island Corporation all their property, rights, privileges and franchises, including lands, buildings, wells, pumps, pipes, stand-pipes, reservoirs, easements, rights of way, machinery, tools, gas gen

-and Peaks Island Gas

Co., and all rights and privileges

of same.

-corporations authorized to convey property, rights and privileges to

Corporation.

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