erators, machinery and apparatus for making gas, gas holders, Cuar. 257 purifiers, meters, engines, boilers and all other real and personal property of every name and nature belonging to said Peaks Island Water and Light Company and said Peaks Island Gas Company. Shall have rights and for the term of 15 years from Jan. 1, 1912. -exception. Section 2. Upon the leasing or purchasing of the property, rights and franchises of said Peaks Island Water and Light and enjoy all Company and said Peaks Island Gas Company, which include privileges the franchise to supply water to the residents of Peaks Island for domestic, sanitary and municipal purposes, and to supply electricity and gas to the residents of Peaks Island for lighting, heating, manufacturing or mechanical purposes, and for lighting the streets, public buildings and public squares on said island, the said Peaks Island Corporation shall thereafter have and enjoy all said rights, powers, privileges and franchises, including the right of eminent domain, now possessed and enjoyed by either the said Peaks Island Water and Light Company or said Peaks Island Gas Company under the several acts hereinbefore referred to for the purposes above enumerated, subject to the same restrictions and limitations as the same now are, exclusively, excepting as to any individuals who, during the summer season of the year nineteen hundred and ten, were supplying any of the residents of said Peaks Island with water from wells or springs for domestic or sanitary purposes, for a term of fifteen years from the first day of January, nineteen hundred and twelve. Said franchise to supply the residents of Peaks Island with electricity for any of said purposes shall not be exclusive, however, unless the said Peaks Island Corporation shall first acquire by purchase, lease or otherwise, upon such terms as the parties may agree, the property and plant for the generation of electricity located on Peaks Island, of any person, firm or corporation authorized to supply and now actually supplying, at least during the summer months, the residents of Peaks Island with electricity for any of said purposes. This grant, however, is upon the condition that the said Peaks Island Corporation shall at all times after January first, nineteen hun- under which dred and twelve, and within a reasonable time after request by the city council of the city of Portland, supply at any point on said Peaks Island where its water or gas mains may now or hereafter be extended, to such an extent and in such manner as may be reasonably required, to any person, firm or corporation or to the city of Portland, water for domestic, sanitary or municipal purposes, or gas for lighting, heating, manufacturing or mechanical purposes, or for lighting any public streets, squares or public buildings, at a fair and reasonable rate of -right to supply elecexclusive. tricity not -condition privileges are granted. СНАР. 257 -further conditions. -proceedings for the taking over of the property of the corporation by the city of Portland. -appraisers shall make report to court. payment therefor; and in case said parties cannot agree upon the rate of payment therefor, the said company shall be obliged to furnish said water or gas at the rate to be fixed by three disinterested persons to be appointed by any justice of the supreme judicial court upon petition by either of the parties interested, and if said corporation shall at any time refuse or reasonably neglect to comply with this condition, the exclusive privilege herein granted shall be of no effect. The legislature further expressly reserves the right to modify from time to time the rights and privileges herein granted as the interests of the public may require. This grant is made upon the further condition that the city of Portland, or any village or municipal corporation that shall include said Peaks Island, shall have the right at the end of said fifteen years, upon vote of its city council or governing body, to that effect, to take over, purchase and own for munici.pal purposes, the entire property, plant, franchises, rights and privileges of said Peaks Island Corporation, upon paying therefor whatever said property, plant, franchises, rights and privileges are fairly and equitably worth. In order to carry out the purposes of possession and ownership aforesaid, the city council shall, at least three months before the expiration of said term, give notice to the company of its intention to exercise the right herein granted, and shall procure judicial appraisal of said property by bill in equity filed in the supreme judicial court for the county of Cumberland for that purpose at or before the expiration of the term of said. franchise, and jurisdiction is hereby given to said court over the entire matter, including application of the purchase money, discharge of encumbrance and transfer of the property, for the purpose of fixing the valuation thereof and making just compensation therefor; it shall appoint three competent and disinterested appraisers, and upon payment or tender by said city of the amount fixed and the performance of all other terms and conditions imposed by the court, said entire plant, property, franchise, rights and privileges shall become vested in said city and be free from all liens, mortgages and incumbrances theretofore created by said Peaks Island Gas Company. The appraisers shall, after due notice and hearing, make their report to the court, and the court may accept such report or reject it or recommit the same or submit the subject matter thereof to a new board of appraisers and make any order relating to the same which justice and equity may require. Section 3. The said Peaks Island Corporation is also hereby further empowered to supply pure water at such rates as may be agreed upon between the parties, to any persons or corporations furnishing water to the residents of either Cushing's Island, House Island, Little Diamond island or Great Diamond island in Casco bay, for domestic, sanitary and municipal purposes, or for the extinguishment of fires, and may also furnish and supply to any persons or corporations supplying the residents of either said Cushing's island, House island, Little Diamond island or Great Diamond island with gas or electricity for lighting, heating, power, manufacturing, mechanical or municipal purposes, at such rates as may be agreed upon between the parties, gas or electricity from its plant on Peaks Island, or such plant as may be hereafter established thereon, for lighting, heating, power, manufacturing, mechanical and municipal purposes, or for lighting the public streets, public squares and public buildings on either of said islands, and to enable it to supply either water, gas or electricity to any persons or corporations supplying water, gas or electricity to the residents of either of the islands named in this act, or for either of the purposes above named, the right is hereby granted to said Peaks Island Corporation to purchase the same of any other person, firm or corporation, or of the Portland Water District; and subject to the consent and approval of the federal authorities having charge of the same, to lay its mains, pipes and cables beneath the tide waters of Casco bay from the mainland to either of said islands and between Peaks Island and either of the islands above named. CHAP. 257 Further em powered to gas and electricity. supply water, $300,000 in Section 4. In order to carry out any of the aforesaid pur- may increase poses and to acquire by lease or purchase the property, rights not to exceed and franchises hereinbefore mentioned, the said Peaks Island amount. Corporation may increase its capital stock to an amount not to exceed three hundred thousand dollars and may issue its bonds in such amounts and on such time and at such rates of interest as it may determine, not to exceed, however, the amount of its mortgage capital stock, and secure the same by mortgage or pledge of part or all of its property and franchises. may issue bonds and property. 37 Approved March 29, 1911. CHAP. 258 Corporators. -corporate name. --by-laws. -real. Authority to drive logs on St. John river. -limits of drive. -may im prove river to driving. Chapter 258. An Act to incorporate the Upper St. John Log Driving Company. Be it enacted by the People of the State of Maine, as follows: I. Section 1. George C. Cutler, Charles A. Milliken, James W. Parker, Arthur W. Brown, John A. Morrison, John Kilburn, Robert J. Potts, William J. Noble, Albert M. Currier and Flavian Chouirnard, their associates and successors are hereby made and constituted a body politic and corporate by the name of the Upper St. John Log Driving Company, and by that name may sue and be sued, prosecute and defend to final judgment and execution, both in law and in equity, and may make and adopt all necessary regulations and by-laws, not repugnant to law and may adopt a common seal, and may purchase and hold real and personal estate sufficient for carrying on its business, and may raise money by loan for all its necessary purposes. Section 2. The said company shall have the right, privilege and authority each year to drive down the St. John river from the junction of Baker branch and Southwest branch of the St. John river, in township nine, range seventeen, in the county of Somerset, to the mouth of the Allagash river to a junction with the territory controlled by the Madawaska Log Driving Company, all logs and other timber coming into said St. John river between said limits for the purpose of being driven to market, and said corporation is authorized to improve the facilitate log same by removing rocks, ledges, trees and other obstructions and widening, deepening and otherwise improving the same for the purpose of making said river and its tributaries flowing into it within the said limits floatable, and of facilitating the driving of said logs or lumber down the same. For the above purposes the said corporation may take materials necessary to make such improvements and if the interested parties cannot agree upon the amount of damages the corporation shall pay the proprietors of the land and materials so taken, such damages as shall be ascertained and determined by the county commissioners of the county in which said land or material so taken are located and under the same conditions and limitations as are by law provided in the case of damages occasioned by laying out highways and the damages arising from the flowing of lands may be recovered in accordance with the provisions of the statutes for recovering damages for flowing lands occasioned by raising a head of water for the working of mills. -may take necessary materials. -damages occasioned by taking land, how determined if parties cannot agree. Officers and Section 3. The officers of said company shall be a secretary, board of di- treasurer and a board of five directors, to be chosen by ballot, and such other officers as may be deemed necessary, who may rectors. CHAP. 258 shall give bond. be appointed by the directors, unless they are chosen at the annual meeting, all of whom shall hold their office until the next annual meeting, or until others are chosen or appointed in their stead. The treasurer shall give a bond to the acceptance of the treasurer directors. The directors shall at their first meeting elect one of their number to be president of the company; they shall also then elect a secretary and a treasurer, and the same person may hold both offices. No person shall be eligible to the office of director except he be a member of the corporation. The secre- member of tary or treasurer may be a director. It shall be lawful for any director to contract for the whole or any part of the driving or work of the corporation. directors president e shall elect company. -director must be corporation. owners of driven shall of company, logs to be be members for one year at least. er. logs shall file Section 4. Any person, persons or corporations, or their agents, owning logs or other timber to be driven on the St. John river within the limits above specified, at the date of the annual meeting in each year, shall be members of the Upper St. John Log Driving Company, and shall so continue for one year at least from that date, and shall have all the privileges and be subject to all the liabilities thereto. Each member shall at all-voting powmeetings have one vote for each one hundred thousand superficial feet of lumber, so to be driven. Section 5. The members of said company owning logs or other timber to be driven shall, at the annual meeting file with the secretary a sworn statement of all such logs or timber, of the number of feet, woods, or stumpage scale, with the mark or marks thereon, together with the place from which the logs are to be driven and their destination. Such statement shall be signed by such owner, or his authorized agent. And if any owner or agent shall refuse or neglect to file such statement in the manner herein prescribed, the directors may assess such delinquent or delinquents for his or their proportion of the expenses such sum or sums as the directors deem just and equitable. Owners of statements tary. with secre -owners may be as sessed for nestatement." glect to file Directors may driving logs. contract for Section 6. The directors may annually contract with any person for the driving of said logs, timber and lumber for the year and fix and determine the prices for driving logs, timber and lumber between points aforesaid and between intermediate. points within said upper and lower limits. If the said directors. cannot make satisfactory arrangements with any person or persons for the said driving, or if the person contracted with fails. to perform his contract therefor, then the said corporation shall, through its directors, do the driving itself. The cost of driving, cost of however done, together with the expense of improving the river borne. for that purpose as provided in section two of this act, or such part thereof as the directors may annually determine shall be driving, how |