-tenure. elected. zens at large by the legal voters of the city voting in their respec- CHAP. 167 tive wards; and of the other five members, one shall be elected by each ward, being an inhabitant of the ward where elected. They shall hold their offices for the term of three years from the second Monday in March, and until others are elected and qualified in their places, except as hereinafter provided. At the annual election in March, eighteen hundred and ninety-eight, when said school committee shall be elected as follows: one member from ward one and one member from the citizens at large, for one year; one member each from wards two and five, for two years; one member each from wards three and four, and one member from the citizens at large, for three years; and as these terms expire the subsequent elections shall be for the full term. of three years as above provided. All vacancies occurring in the school committee by death, resignation or removal from the city, how filled. shall be filled by appointment for the unexpired term by the remaining members; and if any such vacancy shall occur by the death, resignation or removal from the city of a member elected by a ward, the same shall be filled from the ward where insurance it occurs. Said school committee may effect such insurance buildings. upon the school buildings as they may deem expedient, and shall have charge of all repairs on the same.' Section 2. Section twenty-nine of chapter four hundred and eighty-six of the private and special laws of eighteen hundred and eighty-nine, is hereby amended by adding the following words to the same: 'All warrants directed to the collector by the assessors or other boards having authority to issue such warrants shall run to him and his successors in office, and shall be in the form prescribed by law, changing such parts only as by this act are required to be changed,' so that said section, as amended, shall read as follows, namely: -vacancies, of school Section 29, special laws amended. chapter 486, 1889. Election of board of assessors. -compensa 'Section 29. There shall be a board of five assessors, one from each ward, to be elected on the third Monday in March, annually, or as soon as may be thereafter, by the city council, by a majority of all its members by roll call. The compensation of the assessors shall be fixed by the city council and shall not be increased or diminished during the municipal year for tion. which they are elected. The assessors shall hold office till the third Monday in March following their election and until their successors are chosen and qualified. All taxes shall be assessed, apportioned and collected in the manner prescribed by the laws of this state relative to town taxes; but the city council may and collecestablish further or additional provisions for the collection thereof. All warrants directed to the collector by the assessors, -tenure. -assessment tion of CHAP. 168 or other boards having authority to issue such warrants, shall -warrants, how issued. Section 3, chapter 237, laws 1895, repealed. Section 15, chapter 486, laws 1889, revived. run to him and his successors in office, and shall be in the form prescribed by law, changing such parts only as by this act are required to be changed.' Section 3. Section three of chapter two hundred and thirtyseven of the private and special laws of eighteen hundred and ninety-five, is hereby repealed and section fifteen of chapter four hundred and eighty-six of the private and special laws of eighteen hundred and eighty-nine, is hereby revived. Section 4. This act shall take effect when approved. Corporators. -corporate name. Authorized to build dams, etc. -may take land and material. -damages, how assessed. Chapter 168. An Act to incorporate the Enchanted Stream Dam and Improvement Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Charles Lawrence, Greenleaf Lawrence, Hiram Lawrence, all of Gardiner, J. Manchester Haynes of Augusta, S. W. Philbrick and William Snow of Skowhegan, their associates and assigns, are hereby incorporated under the name of the Enchanted Stream Dam and Improvement Company, with all the powers and privileges of similar corporations. Section 2. The said corporation is authorized to build dams, side dams, remove rocks, make embankments and other improvements on Enchanted stream, so called, in Upper and Lower Enchanted towns in the county of Somerset, and build dams to raise a head of water on said stream and on any and all the lakes and ponds on said stream or its tributaries, to facilitate the driving of logs and lumber down the same, and for this purpose the said corporation may take land and materials necessary to build such dams, embankments and improvements, and may flow contiguous lands necessary to raise such head of water on such lakes and ponds, and if the parties cannot agree upon the damages the corporation shall pay the proprietors of the land and materials so taken, either party on petition to the county commissioners of Somerset county may have the damages assessed by them; and subsequent proceedings and rights of appeal thereon shall be had in the same manner and under the same conditions, restrictions and limitations as are by law prescribed in case of damages by laying out highways; and for the damage occasioned by flowing land the said corporation shall not be liable to an action at common law, but the person injured may have a remedy by a complaint for flowing, in which the same proceedings shall be had as when a complaint is made CHAP. 168 under a statute of this state for flowing lands occasioned by raising a head of water for the working of mills. -lien on logs to enforce pay ment. Section 3. The said corporation may demand and receive a Tolls. toll for the passage of logs over their said dams and improvements, of sixty cents for each thousand feet, full scale; and said corporation shall have a lien upon all logs which may pass over any of their said dams and improvements for the payment of said toll, but the logs of each particular mark, shall be holden only for the toll of such mark, and unless said toll is paid within twenty days after such logs or a major part of them shall arrive. within the limits of the Kennebec Log Driving Company, said corporation may sell at public auction so much of said logs as shall be necessary to pay such toll and costs and charges, notice of the time and place of such sale being first printed in some newspaper printed in said county. When tolls Section 4. When said corporation shall have received from tolls its outlay on dams, improvements and repairs, made up to shall cease. that time, and six per cent interest thereon, then the toll shall be reduced to a sum sufficient to keep the works in repair. The treasurer of the Kennebec Log Driving Company, for the time being, is appointed to audit the accounts and determine the cost of said dams, improvements and repairs, subject to appeal, as provided in section seven. Section 5. Any or all owners of land from which logs, lumber or wood is cut which passes through or over its dams or improvements, shall have a right to take an interest in said com pany. Section 6. The amount invested shall at all meetings be represented by a fixed convenient number of votes, which shall be cast by the owners of land from which logs, wood or lumber is cut, which passes through or over its dams or improvements, and each owner shall have the right to vote in proportion to his interest in said land, by paying his proportion of the cost of building and maintaining the dams and improvements. Section 7. In case of any disagreement as to the right of owners hereunder, the same shall be forthwith determined by referees agreed upon by the parties, or by the county commissioners of Somerset county, if the parties cannot agree. -accounts, how audited. owners, right to shall have take an interest. Cost of ments. Section 8. The cost of the improvements already erected upon said stream by Lawrence Brothers Company shall be improveincluded in the cost of improvements designated in this act. Section 9. This act shall take effect when approved. Approved March 16, 1899. CHAP. 169 Company authorized to maintain toll bridge. Tolls granted and how fixed. Chapter 169. An Act to authorize the Cape Porpoise Land Company to erect and maintain a Be it enacted by the Senate and House of Representatives in Section 1. The Cape Porpoise Land Company, a corporation organized and existing under the general laws of the state of Maine, is hereby authorized and empowered to erect, construct and maintain a toll bridge for foot and carriage travel, or a tramway for passenger and freight traffic across tide waters between the main land at Cape Porpoise and Trotts island, and between said main land and Stage island in the town of Kennebunkport, in the county of York. Section 2. A toll for the use and benefit of the Cape Porpoise Land Company is hereby granted and established, and a tariff of tolls shall be fixed and agreed upon by the Cape Porpoise Land Company and the selectmen of the town of Kennebunkport; and in case the said company and the selectmen shall disagree as to the toll rates to be charged they shall refer the rate of tolls to the county commissioners of the county of York and their decision shall be final. Approved March 13, 1899. Unlawful to catch smelts in Damariscotta river, except with hook and line. -dip nets used from Chapter 507, public laws of 1897, repealed. Chapter 170. An Act relating to the catching of smelts in Damariscotta River, Bay and tributaries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. It shall be unlawful to catch smelts in the Damariscotta river, its bays and tributaries, above the Ledges, so called, in any other way than by hook and line, provided, however, that dip nets may be used from April first to April twentieth of each year. Section 2. Any person convicted of fishing for or catching smelts in the Damariscotta river, its bays and tributaries above the Ledges, so called, in any other way than by hook and line shall be punished by a fine of one hundred dollars, by complaint or indictment, one-half to the use of the complainant and onehalf to the county where the proceedings are commenced. Full jurisdiction to impose said fine is hereby conferred upon trial justices. Section 3. Chapter five hundred and seven of the public laws of eighteen hundred and ninety-seven, is hereby repealed. Approved March 16, 1899. Chapter 171. An Act to extend the charter of the Vinalhaven Water Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. That the rights, powers and privileges of the Vinalhaven Water Company, which were granted by chapter three hundred and sixty-two of the private and special laws of the year eighteen hundred and ninety-seven, are hereby extended for two years additional; and the persons named in said act, their associates and successors, shall have all the rights, powers and privileges that were granted them by said act, to be exercised in the same manner and for the same purposes as specified in said act. Section 2. This act shall take effect when approved. Approved March 16, 1899. Chapter 172. An Act establishing a close time on Lobsters in Pigeon Hill Bay in the towns of Be it enacted by the Senate and House of Representatives in Section 1. No person shall take, catch, kill or destroy any lobsters between the first day of July and the first day of September in each year, under a penalty of one dollar for each lobster so taken, caught, killed or destroyed, in the waters of Pigeon Hill bay so called, in the towns of Milbridge and Steuben, within the following points, namely; commencing at Woods Pond point on the west side of Pigeon Hill bay, thence easterly to the nubble on Little Bois Bubert island, thence by the shore to the head of Bois Bubert island, thence northerly to Joe Dyer's point, so called, thence by the shore around Long cove and the creek, thence to the head of Pigeon Hill bay aforesaid, thence by the shore to the first mentioned bound. Penalties, ered. Section 2. All fines and penalties under this act may be recovered as provided in section forty-eight of chapter two hun- how recovdred and eighty-five of the public laws of eighteen hundred and ninety-seven. Approved March 16, 1899. Chapter 173. An Act to amend Section seven of Chapter five hundred and twenty-two of the Private and Special Laws of eighteen hundred and ninety-seven, by providing an additional term each month of the Sanford Municipal Court. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section seven of chapter five hundred and twenty-two of the private and special laws of the year one thousand eight hundred Section 7, chapter 522, |