-members shall file statement of logs driven, witn clerk. -when assessment shall be made. -rates for logs driven from Mud Brook. CHAP. 155 logs or other lumber to be driven down said East branch between said Grand Lake dam and said West branch, and the owner or owners of logs or other lumber to be driven down said East branch between said Grand Lake dam and said West branch who may drive their logs as hereinbefore provided shall on or before the fifteenth day of April in that year file with the clerk of said corporation a statement in writing signed by said member or members, owner or owners, his or their authorized agent, of all such logs or other lumber, the number of feet board measure, and the marks thereon together with the places from which the logs are to be driven and their destination, which said statement shall be under oath if required by the directors or any one of them; any one of said directors is hereby empowered to administer said. oath. On or before the first day of September of each year, said directors shall assess upon all logs or other lumber driven down said east branch that year between said Grand Lake dam and said West branch all or such part of the amount expended in said improvements, before the date of said assessment, as the directors decide to be just and equitable; provided always, that no logs shall be assessed for on account of any improvements over which such logs do not pass. And provided further, that the assessment on logs driven from the northerly bank of Mud brook shall not exceed three cents per thousand feet and on logs driven from the foot of Bowlin falls shall not exceed five cents per thousand feet. If any owner or agent shall neglect or refuse to furnish or file said statement the directors may assess such delinquent or delinquents, for his or their proportion of such expenses. The directors shall give public notice before making said assessment, by publication in some newspaper printed in Bangor two weeks in succession, the last publication to be before making said assessment. When the owner or owners of any mark of logs or other lumber is unknown to the directors, the directors may set to the mark upon such logs or other lumber, any assessment or assessments herein provided. The clerk shall keep a record of all assessments and all expenses upon which such assessments are based, which shall be open to all persons interested. All assessments shall be made at the office of said corporation. The directors shall give the treasurer a list of all assessments by them made, with a warrant in due form under their hands; and said corporation shall have a lien on all logs and other lumber driven down said East branch for the expenses of said improvements as hereinbefore set out, which lien may be discharged by giving the bond provided in section seven of this act. All assessments shall be collected in the same manner that the assessments for driving said logs are collected as -if owner -clerk shall keep record of assessments. -assesSments, how enforced. -collection of. provided in section seven. All the provisions of said section CHAP. 155 seven shall apply to the collection of the assessments herein pro vided for so far as the same may be applicable. Section 3, Section 2. Section three of said chapter four hundred and nineteen of the laws of eighteen hundred and ninety-seven is amended. hereby amended, so as to read as follows: tion of 'Section 3. Any person, persons or corporations, or their Qualificaagents, owning wild land on the East branch of the Penobscot members. river or its tributaries, and any person, persons or corporations, or their agents, cutting logs or other lumber thereon, shall be a member of the Penobscot East Branch Log Driving Company, and shall so continue for one year at least, and shall have all the privileges and be subject to all the liabilities pertaining thereto.' Section 3. Said act shall be further amended by adding thereto the following section: 'Section II. After all improvements and repairs made by said company shall have been duly paid for by the proceeds received from assessments as hereinbefore authorized with six per cent interest thereon added thereto, no further assessments shall thereafter be made except for necessary repairs.' Act further amended. When as sessments shall cease. Section 5, Section 4. Section five of said chapter four hundred and nineteen is hereby amended by striking out the word "May" in amended. the fourth line and inserting in place thereof the word 'April,' so that said section, as amended, shall read as follows: Owners of logs shall file with the clerk, a statement of all logs to be driven down East branch. 'Section 5. The members of said corporation owning logs and other lumber to be driven down said East branch between said Grand Lake dam and said West branch, shall on or before the fifteenth day of April in that year file with the clerk a statement in writing, signed by such member or members, his or their authorized agent, of all such logs or other lumber the number of feet, board measure, of all such logs or other lumber, and the marks thereon, together with the place from which the logs are to be driven and their destination, and the directors, or one of them, shall require such owner or owners or agent presenting such statement to make oath that the same is in their judgment. and belief true, which oath any one of the directors is hereby authorized and empowered to administer. And after the directors shall have ascertained the amount necessary to defray the cost of driving such logs and other lumber, and to pay other necessary expenses for the season, they shall have the right to assess the same as hereinafter provided, to the owners, if known, or to owner unknown, making such discount for logs driven less than the whole distance as in their opinion may be right and quent may equitable. And if any such owner or agent shall neglect or refuse to file a statement in the manner herein prescribed, the directors shall assess cost of doing same. -how delin be assessed. CHAP. 156 directors may assess such delinquent or delinquents for his or their proportion of such expenses, such sum or sums as may be by the directors considered just and equitable, and the directors shall give public notice of the time and place of making such assessments, by publishing the same in some newspaper printed in Bangor two weeks in succession, the last publication to be before making such assessment, and any assessment or assessments, when the owner or owners of any mark of logs or other lumber is unknown to the directors, may be set to the mark upon such logs or other lumber. And the clerk shall keep a record of all assessments and of all expenses upon which such assessments are based, which shall be open to the inspection of all persons interested.' -clerk shall keep record of expenses. Approved March 15, 1899. Section 2, special laws Chapter 156. An Act amendatory to Chapter one hundred and forty-four, Section two of the Special Laws of eighteen hundred and sixty-nine, relating to "An Act to incorporate the Sebois Dam Company." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section two of chapter one hundred and forty-four of the chapter 144 special laws of eighteen hundred and sixty-nine is hereby amended by inserting in the fifth line thereof after the words, "for the purpose," the words 'of manufacturing and,' so that said section, as amended, shall read as follows: 1869, amended. Authorized to improve navigation of Sebois waters. -damages for flowage, how assessed. 'Section 2. Said company are authorized to improve the navigation of the Sebois waters between township A in the eighth and ninth ranges, west of the east line of the state, and the Piscataquis river by deepening the channels, removing obstructions, erecting booms and piers, and building dams necessary for the purpose of manufacturing and of facilitating and driving of logs and timber and for those purposes to do whatever may be necessary in and upon said waters and the bed, shores and banks thereof to accomplish the objects aforesaid. All future damage for flowage, or otherwise, not already settled for shall be assessed by a commission of three men to be appointed by one of the justices of the supreme court and their report shall be final and binding between the parties.' Approved March 15, 1899. CHAP. 157 Chapter 157. An Act to incorporate the Bluehill and Bucksport Electric Railroad Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: -corporate -authorized to construct a street -route. -location Section I. Merrill P. Hinckley, A. M. Devereux, Frank P. Corporators. Merrill, Frank P. Green, Austin T. Stevens, Nahum Hinckley and Rufus P. Grindle, their associates, successors and assigns, are hereby constituted a corporation by the name of the Bluehill and Bucksport Electric Railroad Company, with authority name. to construct, maintain and use a street railroad, to be operated by horse power or electricity, with convenient single or double tracks, side tracks, switches or turnouts, with any necessary or convenient line of poles, wires, appliances, appurtenances or conduits, from Bluehill, upon and over any public highway railway. leading from said Bluehill to and through the town of Bucksport and from and to such other points and upon and over such other streets and ways, and across navigable tide waters, in the towns of Bluehill, Penobscot, Orland and Bucksport, as shall from time to time be fixed and determined by the municipal officers of said towns, and assented to in writing by said corporation, and shall also have authority to construct, maintain and use said railroad over and upon any lands where the land damages have been mutually settled by said corporation and the owners thereof, provided, however, that all tracks of said railroad shall be laid at such distances from the sidewalks in any of said towns as the municipal officers thereof shall, in their order fixing the routes and locations of said railroad, determine to be for public safety and convenience. The written assent of said corporation to any vote of the municipal officers of either of said towns, prescribing from time to time, the routes of said railroad therein, shall be filed with the clerk of said town, and shall be taken and deemed to be the location thereof. Said corporation shall have power, from time to time, to fix such rates of rates of compensation for transporting persons and property as it may think expedient, and shall have all the powers and be subject to all the liabilities of corporations as set forth in the forty-sixth chapter of the revised statutes. Section 2. The municipal officers of said towns shall have power, at all times, to make all regulations as to the rate of speed, the removal of snow and ice from the streets, roads and ways by said company at its expense, and the manner of use of tracks of said railroad within each of said towns as public convenience and safety may require. shall be municipal fixed by officers. assent of to any vote shall be town clerk. corporation of towns, filed with -may fix transportation. Municipal officers may regulate rate of removal of speed, and moval of snow and ice. CHAP. 157 Shall keep streets in Section 3. Said corporation shall keep and maintain in repair such portions of the streets and ways as shall be occupied repair, occu- by the tracks of said railroad, and shall make all other repairs pied by tracks. Penalty for willfully obstructing corporation. Capital stock. May hold real estate. Municipal officers may establish form of rails and grade. of said streets, roads and ways within either of said towns which in the opinion of the municipal officers of said towns may be rendered necessary by the occupation of the same by said. railroad and if not repaired upon reasonable notice, such repairs may be made by said towns at the expense of said corporation. Section 4. If any person shall willfully or maliciously obstruct said corporation in the use of its roads or tracks or the passing of the cars or carriages of said corporation thereon, such person and all who shall aid or abet therein, shall be punished by a fine not exceeding two hundred dollars or with imprisonment in the county jail for a period not exceeding sixty days. Section 5. The capital stock of said corporation shall not exceed two hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each. Section 6. Said corporation shall have the power to lease, purchase or hold such real or personal estate as may be necessary and convenient for the purpose of management of said road. Section 7. Said railroad shall be constructed and maintained in each of said towns, in such form and manner and upon such grade and with such rails as the municipal officers of said town shall direct, and whenever in the judgment of the said corporation it shall be necessary to alter the grade of any street or way, said alteration may be made at the sole expense of said corporation, provided, the same shall be assented to by the municipal officers of the town wherein said grade so sought to be changed is located. If the tracks of said corporation's railroad cross any other railroad, and a dispute arises in any way another rail- in regard to the manner of crossing, the board of railroad commissioners of this state shall, upon hearing, decide and determine in writing in what manner the crossing shall be made, and it shall be constructed accordingly. -manner of crossing road, shali be deter mined by railroad commis sioners. Location may be changed by consent of municipal officers. Right of towns shall not be abridged. Section 8. Said corporation may change the location of said railroad at any time by first obtaining the written consent of the municipal officers of the town in which the change is so sought to be made, and to make additional locations subject to the foregoing provisions and conditions. Section 9. Nothing in this act shall be construed to prevent the proper authorities of either of said towns from entering upon and taking up any of the streets or ways in either of said towns, occupied by said railroad for any purpose for which they may lawfully take up the same. |