Chapter 195. An Act to amend the charter of the Ossipee Valley Telegraph and Telephone Be it enacted by the Senate and House of Representatives in СНАР. 195 Section 1, special laws, by chapter 1889, chapter 401, as amended 428, laws of further amended. -corporate Section I. Section one of chapter four hundred and one of the private and special laws of eighteen hundred and eightyfive, as amended by chapter four hundred and twenty-eight of the private and special laws of eighteen hundred and eightynine, is hereby amended by inserting after the word "York," in the thirteenth line, the word 'Oxford;' and adding after the word "Cornish," in the sixteenth line, the words, 'and the limits aforesaid,' so that said section shall read as follows: 'Section 1. F. M. Higgins, Charles H. Adams, J. M. Mason, Corporators. S. O. Clark, Ira S. Libby, S. E. Grant, George H. Swasey, E. A. Sadler, their associates, successors and assigns, are hereby created a body politic, by the name of the Ossipee Valley Telegraph and Telephone Company, with all the powers, rights and name. privileges, and subject to all the duties and obligations granted and prescribed by the general laws of this state relating to corporations. Said corporation shall have the right to locate, construct, maintain and operate lines of telegraph and telephone from any point in the town of Limerick, and terminating at such point or points as they may select within the town of Waterboro, or within any town or city in the counties of York, Oxford or Cumberland, with the right to locate, build, maintain and operate branch lines to any point or points within the towns. of Newfield, Parsonsfield and Cornish, and the limits aforesaid.' Section 2. Section four of chapter four hundred and one of Section 4, the private and special laws of eighteen hundred and eighty-five is hereby amended by adding thereto the words, 'and to carry on its business and exercise its powers in any other state, upon acquiring therefor the sanction and authority required by the laws thereof,' so that said section shall read as follows: "Section 4. Said corporation is hereby authorized to connect its line or lines with those of any other telegraph or telephone company, or to sell or lease its line or lines of telegraph and telephone and property, either before or after completion, to any other telegraph or telephone company, upon such terms as may. be mutually agreed upon, or to purchase or lease any other line or lines of telegraph or telephone upon such terms and conditions as may be mutually agreed upon, and to carry on its business and exercise its powers in any other state, upon acquiring therefor the sanction and authority required by the laws thereof.' -may locate etc., lines and tele phone lines. -route. amended. May connect lines or with other lease or sell line. CHAP. 196 Section 5, amended. Capital stock. -may issue bonds and mortgage property. Section 3. Section five of chapter four hundred and one of the private and special laws of eighteen hundred and eightyfive is hereby amended by adding the words, 'and may issue its bonds in sums of not less than one hundred dollars each, and secure the same by a mortgage of its lines, franchises and property, or in any other manner it may deem proper,' so that said section shall read as follows: 'Section 5. The amount of the capital stock shall be fixed by vote of the corporation, but not to exceed the amount that may, from time to time, be determined to be necessary for the purposes herein specified; but not to exceed in all the sum of eight thousand dollars, and said corporation may purchase, hold, sell and convey real estate and personal property necessary for the purposes contemplated in this charter, and may issue its bonds in sums of not less than one hundred dollars each, and secure the same by a mortgage of its lines, franchises and property, or in any other manner it may deem proper.' Approved March 17, 1899. Section 4, chapter 507, of 1889, amended. Chapter 196. An Act amendatory of Chapter five hundred and seven of the Private and Special Be it enacted by the Senate and House of Representatives in Section I. Section four of said chapter is amended by addspecial laws ing thereto, 'provided further, that warrants issued by any trial justice in said county, upon complaint for crimes or offenses committed in any town or unorganized place in said county, may be made returnable before said court,' so said section, as amended, will read as follows: Jurisdiction, original and exclusive. 'Section 4. Said court shall have original and exclusive jurisdiction as follows: first, of all cases of forcible entry and detainer respecting estates within either of the towns named in section one; second, of all such criminal offenses and misdemeanors committed in either of said towns as are by law within the jurisdiction of trial justices; third, of all offenses against the ordinances and by-laws of either of said towns; provided, that warrants may be issued by any trial justice in said county, upon complaint for offenses committed in either of said towns, but all such warrants shall be made returnable before said court and no other municipal or police court, and no trial justice shall have or take cognizance of any crime or offense committed in either of said towns; provided further, that warrants issued by CHAP. 196 any trial justice in said county, upon complaint, for crimes or offenses committed in any town or unorganized place in said. county, may be made returnable before said court.' amended. Section 2. Section six of said chapter is amended by insert- Section 6, ing in the fourth line thereof, between the words "exceed" and "dollars" the words 'one hundred' instead of the word "fifty;" so that said section, as amended, shall read as follows: 'Section 6. Said court shall have original jurisdiction concurrent with the supreme judicial court as follows: first, of all civil actions wherein the debt or damage demanded, exclusive of costs, does not exceed one hundred dollars, in which any person, summoned as trustee resides within the county of Piscataquis, or, if a corporation has an established place of business in said county, or in which, no trustee being named in the writ, any defendant resides in said county, or, if no defendant resides within the limits of this state, any defendant is served with process in said county, or the goods, estate or effects of any defendant are found within said county and attached on the original writ; second, of the assaults and batteries described in section twenty-eight of chapter one hundred and eighteen of the revised statutes; of all larcenies described in sections one, six, seven, nine and eleven of chapter one hundred and twenty of the revised statutes, when the value of the property is not alleged to exceed thirty dollars, of the offense described in section. twenty-one of chapter one hundred and twenty-two of the revised statutes; of all offenses and crimes described in sections one and four of chapter one hundred and twenty-three of the revised statutes; of all offenses described in section six and in sections twenty-nine to forty-five, inclusive, of chapter one hundred and twenty-four of the revised statutes; of the offense described in section five of chapter one hundred and twenty-five of the revised statutes; of all offenses described in section one of chapter one hundred and twenty-six of the revised statutes, when the value of the property or thing alleged to have been fraudulently obtained, sold, mortgaged or pledged, is not alleged to exceed thirty dollars; and of all offenses described in sections two, nine, sixteen, seventeen and twenty-one of chapter one hundred and twenty-seven of the revised statutes, when the value of the property destroyed, or the injury done, is not alleged to exceed thirty dollars; and may punish for either of said crimes or offenses, by fine not exceeding fifty dollars, and by imprisonment not exceeding three months, provided, that when the offenses described in section twenty-eight of chapter one hundred and eighteen, section twenty-one of chapter one hundred and Original ju risdiction with su preme ju dicial court. CHAP. 197 twenty-two, and sections one and four of chapter one hundred and twenty-three, are of a high and aggravated nature, the judge of said court may cause persons charged with such offenses to recognize with sufficient sureties to appear before the supreme judicial court, and in default thereof commit them; third, of all other crimes, offenses and misdemeanors committed in said county, which are by law punishable by fine not exceeding fifty dollars, and by imprisonment not exceeding three months, and are not within the exclusive jurisdiction of some other municipal or police court.' Approved March 17, 1899. Corporators. -location. -corporate name. -may maintain a cemetery. -powers. How land may be taken. Chapter 197. An Act to incorporate Mount Pleasant Cemetery Corporation of South Portland. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Frederick H. Harford, William T. Studley, Freeman Willard, George F. Henley, Charles S. Talbot, Gideon Burbank, J. W. Lowell, Albert A. Cole, Willard A. Woodbury and Niles Nelson, their associates, successors and assigns are hereby created a body corporate to be established and have their place of business in South Portland, in the county of Cumberland, under the name of the Mount Pleasant Cemetery Corporation; and the said corporation is hereby authorized to locate, enlarge, construct, maintain and perpetuate a public cemetery within the town of South Portland, and for the purposes of said corporation may purchase, accept by gift, or take and hold as for public use, such land as may be necessary for the present or future requirements of said corporation; also to acquire by any lawful means any personal property necessary to carry out the purposes of said corporation, and to lease, or sell any portion of the same at pleasure and to do and perform any act necessary, or convenient for the purpose of carrying out the present wants or future needs of said corporation; but not to locate, or enlarge any existing cemetery or burying ground by selling or otherwise disposing of lots for burial purposes, so that the limits thereof shall be extended nearer any dwelling house than three rods, against the written protest of the owner. Section 2. Whenever said corporation desires to take land of any person for such cemetery, or to enlarge any existing cemetery either by taking land adjacent or across any street or way, it shall first cause the same to be surveyed and a plan of such land to be taken, made and signed by the president and treas- CHAP. 197 urer of said corporation, with the date of such survey. The original shall be filed in the office of the register of deeds for the county of Cumberland and a copy of the same, attested by such register, given in hand forthwith to the owner of the land described, and when said plan is so filed it shall be deemed and treated as taken by said corporation, if the owner thereof, within a reasonable time, consents thereto. If the owner of said land does not so consent thereto, or the parties do not agree as to the necessity therefor, or the area necessary to be taken, the corporation may make written application to the county commissioners, describing the land and naming the persons interested; the commissioners shall appoint a time for the hearing near the premises, and require notice to be given to the persons interested, as they may direct, fourteen days at least before said time; and shall then view the premises, hear the parties and determine how much, if any, of such land is necessary for the reasonable present and future use of said corporation. If they find that any or all of the land so described is necessary, they shall furnish the corporation with a certificate containing a definite description thereof; and when it is filed with the register of deeds in the county where the land lies their decision shall be final, and the land shall be deemed and treated as taken, and in the event the owner of the land taken and the corporation how ascerare unable to agree upon the damages sustained by reason of such taking, the same shall be ascertained and paid in the manner provided by law for the taking of land for highways. Section 3. This corporation is hereby authorized, after it shall have obtained the necessary land, to grade and lay the same into lots, locate and build streets, plant shade trees, construct fountains, erect and maintain receiving tomb, purchase a hearse, and do any and all additional things that may, from time to time, be required to establish and maintain a modern public cemetery. -damages, tained. Authorized lots, build plant to locate streets, trees, etc. May provide care of lots. for perpetual -may issue Section 4. Said corporation may provide in its by-laws for perpetual care of lots upon payment of a sum to be regulated by its officers. Said fund thus accumulated shall remain intact, only the interest thereof being available for beautifying the cemetery. Said corporation is hereby empowered to issue, from time to time, when necessary to purchase land or make improve- bonds. ments in said cemetery, bonds of said corporation, the total of which shall not exceed five thousand dollars, and the holders revenue, for thereof are to have a lien upon the revenue from the sale of lots in said cemetery until fully paid. -lien on payment of bonds. |