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CHAP. 274

David Improvement Company.

the capital stock or of the rights, privileges and franchises hereinbefore described, and, either together, alone or in connection with said David Improvement Company, to erect, maintain and operate a dam or dams at said Union Falls or at Salmon Falls, so-called, on said Saco river, and itself or themselves use the power thereby generated, together with all the rights, privileges and franchises hereinbefore described, and subject to the restrictions of said chapter two hundred and forty-four of the public laws of nineteen hundred and nine and acts amendatory thereof.

Approved March 30, 1911.

Corporators.

-corporate name.

-purposes.

May supply water.

By consent

of U. S. gov-
ernment,
may lay pipes

Chapter 274.

An Act to incorporate the Casco Bay Water Company.

Be it enacted by the People of the State of Maine, as follows: Section I. William M. Lamb, Morrill N. Drew and Edgar E. Rounds, their associates, successors and assigns are hereby created a corporation by the name of the Casco Bay Water Company, for the purpose of supplying the government of the United States at its reservations on Great Diamond, Cow, House, Long, and Cushing islands in Casco bay with pure water for governmental purposes. And said corporation shall possess all the powers and privileges and be subject to all the liabilities and obligations imposed by law upon similar corporations.

Section 2. Said corporation is also authorized to supply pure water for domestic purposes to the residents of Long island, and to the residents of Great Diamond island-first having obtained the written consent of the Diamond Island Association-and to the residents of Little Diamond islandfirst having obtained the written consent of the Maine Coast Realty Company.

Section 3. Said corporation is hereby authorized to lay, construct and maintain its lines of pipe from the main land in the under waters town of Falmouth or the city of Portland under the waters of Casco bay-first having obtained the consent of the United States--in and to the aforesaid islands in said Casco bay.

of Casco bay.

May lay pipes along and across

streets and bridges.

Section 4. Said corporation is hereby authorized to lay, construct and maintain in, under, through, along, over and across the highways, ways, streets, railroads and bridges of said main land and on said islands and to take up, replace and repair all such pipes, other structures and fixtures as may be necessary and convenient for any of the said purposes of the said cor

CHAP. 274

And shall be

poration, under such reasonable restrictions and conditions as
the municipal officers of said city and town may impose.
said corporation shall be responsible for all damages to said
municipalities, and all corporations, persons and property occa-
sioned by the use of the highways, ways and streets, and may
lay its pipes within the limits of any of the streets of Peaks
Island and take such land thereon as may be necessary for the
purpose of extending its pipes and mains to said Cushing and
Long Island, but for no other purpose. Said corporation shall
not supply the residents of said Peaks Island or any person,
firm, association, corporation or municipality with water to be
used on said Peaks Island for any purpose whatsoever without
the consent in writing of the Peaks Island Corporation.

liable for all

damages, ocuse of

casioned by

streets.

-shall not

unneces

struct travel.

Whenever the said corporation shall lay down or construct any pipes or fixtures in any highway, way or street or make sarily obany alterations or repairs upon its works on any highway or street, it shall cause same to be done with as little obstruction to travel as shall be practicable; and shall at its own expense without unnecessary delay, cause the earth and pavement then removed by it to be replaced in proper condition.

and hold necessary lands.

Section 5. Said corporation is hereby authorized to take May take and hold by purchase or otherwise any lands necessary for its lines of pipes or any other necessary structures or fixtures in, over and through any land for the said purposes, and excavate in and through such land for such location, construction and erection. And in general, to do any act necessary, convenient or proper for carrying out any of the said purposes of the incorporation.

It may enter upon such land to make surveys and location, and shall file in the registry of deeds in the county of Cumberland, plans of such locations and lands, showing the property taken, and within thirty days thereafter, publish notices of such filing in some newspaper in said county, such publication to be continued three weeks successively. Not more than one rod in width of land shall be occupied by more than one line of pipe or aqueduct.

Section 6. Should the said corporation and the owner of such land be unable to agree upon the damages to be paid for such location, taking, holding, flowing and construction, the land owner, or said corporation may, within twelve months after said filing of plans of location, apply to the commissioners of said county of Cumberland, and cause such damages to be assessed in the same manner and under the same conditions as are prescribed by law in the case of damages by the laying out of highways, so far as such law is consistent with the provisions

-may enter on lands to

make surveys and shall same.

and locations,

file plans of

Damages,

how assessed,

if parties

cannot agree.

CHAP. 274

-land own

er may require corporation to file bond.

Penalty for corrupting water supply or injur

of the corporation.

of this act. If said corporation shall fail to pay such land owner, or deposit for his use with the clerk of the county commissioners aforesaid, such sum as may be finally awarded as damages, with costs when recovered by him within ninety days after notice of final judgment shall have been received by the clerk of the courts of said county, the said location shall be thereby invalid, and the said corporation shall forfeit all rights under the same as against such land owner. In the case the said corporation shall begin to occupy such land before the rendition of final judgment, the land owner may require the said corporation to file its bond to him with the said county commissioners, in such sum and with such sureties as they may approve, conditioned for said judgment or deposits. No action shall be brought against the said corporation for such taking, holding and occupation until after such failure to pay or deposit as aforesaid.

Section 7. Whoever shall knowingly or maliciously corrupt the water supply of the said corporation, whether frozen or ing property not, or in any way render such water impure, or whoever shall wilfully or maliciously injure any of the works of the said corporation, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding two years, and shall be liable to the said corporation for three times the actual damage, to be recovered in any proper action.

May contract

for supplying

water.

Capital stock.

May issue bonds secured by mortgage of

Section 8. Said corporation and the Portland Water District are hereby authorized to enter into contract for the supplying of water to carry out the purposes of the said Casco Bay Water Company.

Section 9. The capital stock of the said corporation shall be one hundred thousand dollars, and the stock shall be divided into shares of one hundred dollars each, and said corporation may issue bonds to raise money for the construction of said works and their extension and repair, to an amount not exceeding one hundred thousand dollars, to be secured by mortgage upon its real estate, works and franchise.

Section 10. The said corporation may issue its bonds for the construction of its works, of any and all kinds, upon such its property. rates and time as it may deem expedient, to an amount not exceeding its capital stock subscribed for, and secure the same by mortgage of its franchise and property.

May hold necessary es

Section II. The said corporation for all its said purposes, tate, real and may hold real and personal estate necessary and convenient

personal. therefor, not exceeding two hundred thousand dollars.

CHAP. 275

First meet

called.

Section 12. The first meeting of said corporation shall be called by written notice thereof signed by two corporators ing, how herein named, served upon each corporator by giving him the same in hand or by leaving the same at his last usual place of abode seven days before the time of said meeting.

comes void.

Section 13. This act shall become null and void in two when act beyears from the approval hereof, unless said corporation shall have organized and commenced actual business under this charter. .

Approved March 30, 1911.

Chapter 275.

An Act to ratify and confirm the organization of Yarmouth Manufacturing Company, and to give said company additional Powers.

tion ratified

Be it enacted by the People of the State of Maine, as follows: Section 1. The organization of Yarmouth Manufacturing organizaCompany, a corporation organized under the general laws of and conthe state of Maine, the certificate of organization of which firmed. was filed in the office of the secretary of state on the seventh day of January, eighteen hundred and ninety-two, is hereby ratified and confirmed.

powers.

Section 2. Yarmouth Manufacturing Company shall have Additional all the powers specified in its certificate of organization, and granted. said company is hereby authorized to engage in the general business of making, generating, selling, distributing and supplying electricity for lighting, heating, manufacturing or mechanical purposes in the towns of Yarmouth and Cumberland and for manufacturing or mechanical purposes in units of not less than ten horse power in the town of Freeport; to control, own and operate by themselves or their lessees, any mill for manufacturing purposes, and to supply the same with light and power.

May main

tain lines of

wire along ways, etc.

streets and

-may enter and dig up

Section 3. Said company is hereby authorized to construct, maintain and operate its lines, upon, along and across the highways, ways, streets, railroads and bridges in said towns, and all necessary poles and conduits, and to enter upon and dig up any road, street or way in said towns for the purposes aforesaid, and in a general way to do any other act or things neces- streets. sary, convenient or proper to be done for the complete establishment of its works and plants; provided always that the said proviso. company shall at its own expense, and to the satisfaction of the municipal officers of said towns, without unnecessary delay,

CHAP. 276

May acquire generated electricity

and distribute same.

-shall not exercise right of eminent domain.

May require property of other corporations.

May issue

bonds and mortgage property.

repair said highways, streets and ways in every part where they shall be so entered upon and dug up, and restore the covering, pavement and sidewalk thereof, respectively.

Section 4. Said company is hereby authorized to acquire by purchase, lease or otherwise, but not however by any rights of eminent domain, any and all necessary generated electricity, and to distribute the same, and to acquire by purchase lease or otherwise, but not however by any right of eminent domain any and all water privileges for the purpose of developing, making, generating and distributing electricity for the purpose of its incorporation.

Section 5. Said company is hereby authorized to acquire by purchase, lease or otherwise, but not however by any right of eminent domain the property, capital stock, bonds, rights, privileges, immunities, and franchises of any corporation, firm, partnership or individuals, engaged in the business of manufacturing, generating, selling, distributing and supplying electricity for lighting, heating, traction, transportation, manufacturing or mechanical purposes in the towns of Yarmouth, Cumberland, and Freeport, and upon such purchase, transfer or lease, said company shall have the exercise and enjoy all the location, powers, immunities, rights, franchises and estates thus held and enjoyed by the corporation, firm, partnership or individuals so selling or leasing, and shall be subject to all the duties, restrictions, and liabilities, which they, or any of them, shall be subject to by reason of any charter, controller general or special law.

Section 6. Said company is hereby authorized to issue its bonds for the construction and operation of its works, funding its floating debt, or for the payment of money borrowed for any lawful purpose, and to mortgage and pledge, as security for the payment of the principal and interest of such bonds. debts and loans, part or all of its property and franchise.

Approved March 30, 1911.

City authorized to construct build

Chapter 276.

An Act authorizing the City of Portland to construct public building upon Public Grounds.

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

The city of Portland is hereby authorized and empowered to construct buildings to be used for public purposes upon park ings on park lands whenever and however acquired, when the construction of said buildings is deemed necessary by the city council of

lands.

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