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CHAP. 88 moting iiterary and social intercourse among its members; and by that name shall have power to sue and be sued and possess all the rights and privileges of corporations under the laws of this state.

May elect officers and establish

fund.

-may mortgage estate.

-by-laws.

First meeting, how called.

Section 2. Said corporation may elect such officers as it may deem necessary, may establish a fund to an amount not exceeding two hundred thousand dollars, to be held by trustees elected by said corporation, may purchase, hold and manage real and personal estate and erect buildings for the purposes of the order of Knights of Pythias, and other purposes. To raise funds therefor it may mortgage its real and personal estate, or issue bonds and secure them by mortgage, if deemed expedient. And said corporation shall have power to adopt such by-laws, rules and regulations not repugnant to the laws of this state, as may be deemed necessary for the management of its affairs and including the power to fix and limit the rights of membership in said corporation, the right of members in and to the corporate property and the manner in which the same shall determine. Section 3. The first meeting of the incorporation may be called by any one of the persons named in the first section of this act, by giving seven days' notice of the time and place of said meeting by publishing the same in any daily paper in said Portland.

Section 4.

This act shall take effect when approved.

Approved March 3, 1899.

Section 2, of charter amended.

Location.

Chapter 88.

An Act amendatory of and additional to Chapter five hundred and eleven of the
Private and Special Laws of eighteen hundred and eighty-nine, entitled "An
Act to incorporate the Mechanic Falls Water and Electric Light and Power
Company, as amended by Chapter four hundred and ninety-four of the Private
and Special Laws of eighteen hundred and ninety-three."

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. Section two of said original act is hereby amended by striking out in the second line the word "Minot" and inserting in its place the words 'Mechanic Falls,' and by inserting after the word "Poland" in the fourth line the words 'and Mechanic Falls,' so that said section, as amended, shall read as follows:

'Section 2. The place of business of said corporation shall be at Mechanic Falls, in the county of Androscoggin, and state of Maine, and its business shall be confined to the towns of

Minot and Poland and Mechanic Falls in said county and the CHAP. 89 town of Oxford in the county of Oxford.'

amended.

Section 2. Section seven of said original act is hereby Section 7, amended by inserting in the third line thereof, after the word "Poland" the words 'Mechanic Falls and Oxford in the county of Oxford,' so that said section, as amended, shall read as follows:

through

to lay down

pipes, set extend wires

poles and

in streets.

'Section 7. Said corporation is hereby authorized to lay Authorized down pipes and to set poles and extend wires in and the streets and ways in said towns of Minot and Poland, Mechanic Falls and Oxford in the county of Oxford and to take up, replace and repair all such pipes, aqueducts, poles and fixtures as may be necessary for the purposes of their incorporation, under such reasonable restrictions as may be imposed by the selectmen of said towns. And said corporation shall be respon- all sible for all damages to persons and property occasioned by the damages. use of such streets and ways and shall further be liable to pay to said towns all sums recovered against said towns for damages from obstruction caused by said corporation, and for all expenses, including reasonable counsel fees, incurred in defending such suits, with interest on the same.'

Section 3. Said Mechanic Falls Water and Electric Light and Power Company is hereby authorized to acquire by purchase or otherwise the franchise, property and all the rights and interests of the Oxford Electric Light Company and to assume and perform all the contracts heretofore made by said Oxford Electric Light Company with all corporations and individuals for furnishing light and power.

Section 4. This act shall take effect when approved.

Approved March 3, 1899.

-responsible

May acquire

franchise

and propOxford Light Com

erty of

Electric

pany.

Chapter 89.

An Act authorizing the Manufacturing Investment Company to locate, erect and maintain piers and booms in the Kennebec River.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

I.

Section 1. The Manufacturing Investment Company, its successors and assigns, are hereby authorized and empowered to locate, erect and maintain in the Kennebec river, between the towns of Madison and Anson, in the county of Somerset, and state of Maine, between land of Hiram H. Weston in said town of Madison and land located in said Anson, not more than one

Company

authorized

to erect booms in river.

piers and

Kennebec

-shall not obstruct passage of logs and lumber.

CHAP. 89 and one-fourth miles above the bridge of the Norridgewock Falls Bridge Company that is now erected across said Kennebec river, piers and booms for the purpose of collecting, holding and sorting out logs, pulp wood and other lumber coming down said Kennebec river. Said works shall be so constructed as to provide for the prompt and convenient passage of all logs, pulp wood and other lumber that may come within the same, without unreasonable or unnecessary delay; and it shall be the duty of said investment company to sort and turn out at least twentytwo thousand five hundred logs per day on the average, each week, through said booms, when there is that number therein; but in case said investment company does not sort and turn out the required number, the Kennebec Log Driving Company, upon notice to said Manufacturing Investment Company in writing, left at its office, shall have the right to put men of its own selection upon said booms at the charge and expense of said investment company, in order that the required number of logs may be put through the same; but nothing herein contained shall make said investment company liable for any delay caused by said piers and booms except as herein otherwise specified.

-shall turn
out at
least 22,500
logs per

day.

-stray logs, how disposed of.

-damages

for flowage, how determined.

Liability for logs lodged on lands affected by flowage.

May take lands.

-liable for all damages.

Any stray logs, pulp wood or other lumber not destined for use and manufacture at the mill of said investment company, if found in the storage booms of said investment company shall be turned out thereof by said investment company at its own charge and expense upon demand in writing of the owners thereof or of said Kennebec Log Driving Company. All damage for flowage caused by the construction of said piers and booms shall be determined by the county commissioners of said Somerset county.

Section 2. Said Manufacturing Investment Company shall be liable to indemnify the Kennebec Log Driving Company and the log owners for any logs or damage by reason of logs or other lumber lodged on lands adjoining the waters affected by any works constructed under this act whenever said lodgment is caused by any jam produced by said works.

Section 3. Said Manufacturing Investment Company, its successors and assigns, may take such lands as may be necessary for the erection and maintenance of said piers and booms mentioned in section one and connecting the same with the shores, and may with their agents and teams pass and repass over said shores to and from the same over the lands of other persons, for the purposes aforesaid and for the operation and management of said booms. Said company shall be held liable to pay all damages that shall be sustained by any person or persons by the taking of any lands or rights of way and for any other injuries

resulting from said acts; and if any person sustaining damage as CHAP. 90 aforesaid shall not agree with said company upon the sum to be paid therefor, either party on petition to the county commissioners of Somerset county may have said damage assessed by them; and subsequent proceedings and rights of appeal thereon assessed. shall be had in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in the case of damages by the laying out of highways.

Section 4.

This act shall take effect when approved.

Approved March 3, 1899.

-how

Chapter 90.

An Act authorizing the City of Bangor to construct a bridge over Kenduskeag
Stream, near the European and North American Railroad Bridge.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

I.

Section 1. The city of Bangor is hereby authorized to lay out a public highway from Broad street, so called, to Exchange street, so called, in said Bangor, northerly of the railroad bridge crossing Kenduskeag stream, near its junction with the Penobscot river, in accordance with the provisions of the charter of the city of Bangor, and build a bridge across the said Kenduskeag stream for foot and carriage travel near to and at such distance from said railroad bridge, that said railroad bridge and the bridge hereby authorized shall not unreasonably endanger each other or hinder the free use of either.

[blocks in formation]

How piers

shall be abutments

placed and

built.

Section 2. The piers constructed by virtue of this act for the bridge and way hereby authorized shall be placed in such position in said stream as to be directly in line with the piers now under the railroad bridge referred to in section one; and the abutments for each end of said bridge shall be built so that the front of said abutments shall not project into the stream beyond the whårves on either side of said Kenduskeag stream; and the spans of said bridge shall be of substantially the same length as said railroad bridge, to the end that the use of said of spans. stream for boating and vessels and for driving and hauling rafts of logs and lumber shall not be unreasonably obstructed by the piers thus erected, and said bridge shall be as high or higher than the present railroad bridge.

Section 3. Said city of Bangor shall construct a sufficient draw in said bridge in line with the draw now in said railroad bridge, and in such manner that the draws of both bridges may

-length

Shall construct sufficient draw.

CHAP. 90 be used in the most convenient manner for the accommodation of

City author-
ized to
take land.

Shall be
for public
use forever.

When orders
and votes
of city

council shall
take effect.

-question
of building
bridge shall
be sub-
mitted to
the people,
if demanded.

-act shall
be in
force if
ratified
by city.

navigation for vessels, scows, rafts of logs and lumber, and shall at all times when it is necessary, during such portions of the year as said stream is open to navigation, keep a man upon said bridge to attend said draw and open and close the same for the passage of vessels, scows, rafts of logs and lumber.

Section 4. The city of Bangor is hereby authorized by its city council to take and condemn such land and property as may be necessary for the use of the highway, and the construction and maintenance of the bridge hereby authorized, and in taking and condemning such property, the same proceedings shall be had as is now provided by the city charter and amendments thereto in cases of laying out streets and highways.

Section 5. Said bridge shall be constructed and opened to the public and forever maintained, by the city of Bangor as a free bridge, and in a safe and convenient condition for public travel and under the same rules and regulations that all other bridges are maintained by said city of Bangor.

Section 6. Any and all orders and votes of the city council given for the purpose of authorizing the laying out or establishing the public highway or for building the bridge authorized by this act shall not take effect nor be in force until thirty days from the date of such order or vote, and not then, if in the mean time, thirty or more of the qualified voters of the city of Bangor shall request in writing, the mayor and aldermen to call ward meetings of the citizens of Bangor qualified to vote in city affairs and upon the receipt of such request by the mayor, it shall be the duty of the mayor to call a meeting of the board of aldermen, and submit such request to said board of aldermen, and it shall be their duty to call ward meetings in the usual mode of calling ward meetings of the citizens of Bangor qualified to vote in city affairs, and submit to them in the warrant calling such meetings, the question 'Is the city of Bangor in favor of laying out a public highway from Broad street, so called, to Exchange street, so called, in said Bangor, northerly of the railroad bridge crossing Kenduskeag stream, and building a bridge across the said Kenduskeag stream for foot and carriage travel in accordance with the provisions of the act of the legislature of the year eighteen hundred and ninety-nine giving authority to the city of Bangor to lay out such a highway and to build such a bridge across said Kenduskeag stream?'

If a majority of the voters voting at such ward meetings shall vote 'No' then the city council shall not have any authority to lay out and establish such highway or to build such a bridge, but if a majority of voters voting at such meetings shall vote

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