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CHAP. 65

Shall be subject to examination by bank examiner.

-proceedings, when business becomes hazardous to public.

-bank examiner shall keep record.

-expenses, how paid.

First meeting, how

called.

Section 15. Said corporation shall be subject to examination by the bank examiner, who shall visit it at least once in every year, and as much oftener as he may deem expedient. At such visits he shall have free access to its vaults, books and papers, and shall thoroughly inspect and examine all the affairs of said corporation, and make such inquiries as may be necessary to ascertain its condition and ability to fulfill all its engagements. If upon examination of said corporation the examiner is of the opinion that its investments are not in accordance with law, or said corporation is insolvent, or its condition is such as to render its further proceedings hazardous to the public or to those having funds in its custody, or is of the opinion that it has exceeded its powers or failed to comply with any of the rules or restrictions provided by law, he shall have such authority and take such action as is provided for in the case of savings banks by chapter forty-seven of the revised statutes. He shall preserve in a permanent form a full record of his proceedings, including a statement of the condition of said corporation. A copy of such statement shall be published by said corporation immediately after the annual examination of the same in some newspaper published where said corporation is established. If no paper is published in the town where said corporation is established, then it shall be published in a newspaper printed in the nearest city or town. The necessary expenses of the bank examiner while engaged in making such examination shall be paid by said corporation.

Section 16. Any five of the corporators named in this act may call the first meeting of this corporation by mailing a written notice, signed by all, postage paid, to each of the other corporators, seven days at least before the day of the meeting, naming the time, place and purpose of such meeting, and at such meeting the necessary officers may be chosen, by-laws adopted, and any other corporate business transacted.

Section 17. This act shall take effect when approved.

Approved March 1, 1899.

Chapter 66.

An Act authorizing the Hallowell Granite Works to lay and maintain pipes in the
City of Hallowell for the use and distribution of compressed air.

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

Section I. The Hallowell Granite Works, a corporation organized under the general laws of the state of Maine, is hereby authorized to erect, maintain and operate works for the purpose of compressing air, and of storing, using, distributing and supplying the same for power and other purposes in the city of Hallowell, and to hold such real estate, personal property and patent rights as may be necessary therefor.

[blocks in formation]

pipes under streets.

Section 2. Said company is hereby authorized for the pur- May lay poses aforesaid to lay down and maintain in, under, through, along and across any water course, stream, bridge, street, highway or other way situated between the company's quarries in the western part of said city and the company's wharf on the west bank of the Kennebec river in said city, such mains and pipes as may be necessary for the purposes aforesaid, and to enter upon and dig up any road, street, highway or other way for the purpose of laying such mains and pipes beneath the surface thereof, and for maintaining, replacing and repairing the same, and in general, may do any other acts and things necessary, convenient or proper for the complete establishment, maintenance and operation of its said works and plant; provided, however, that said company shall, at its own expense and to the satisfaction of the city council of said city, without unnecessary delay, repair said streets, highways and other ways in every part where they shall be entered upon and dug up and restore the covering, paving and sidewalks thereof respectively.

Liability for

Section 3. Said company shall be liable in all cases to repay said city all sums of money that said city may be obliged to damages. pay on any judgment recovered against said city for damages occasioned by any obstruction or taking up of any street, highway or other way, in said city by said company, together with fees of counsel and other expenses incurred in defending the same, provided, however, that said company shall have reasonable notice of any suit whenever such damages may be claimed, and shall be allowed to defend the same at its own expense. Section 4. Said company may lay and maintain mains and pipes for the purposes aforesaid under and across any railroad, but in case of failure to agree with such railroad company as to place, manner and conditions of crossing its railroad with such mains and pipes, the place, manner and conditions of such cross

May lay

pipes under road.

any rail

-crossings, how determined.

CHAP. 67 ing shall be determined by the railroad commissioners, and all work within the limits of the railroad locations shan be done under the supervision and to the satisfaction of the officers and agents of the railroad company, but at the expense of said Hallowell Granite Works.

Section 5. This act shall take effect when approved.

Approved March 1, 1899.

Chapter 67.

An Act to incorporate the Ripley Water Company of Andover, Maine.

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

Section 1. J. Lyman Ripley, R. L. Melcher, Lewis W. Corporators. Ripley, John E. Akers, Asa A. West and Charles L. Ripley, with their associates and successors, are hereby made a corporation, by the name of the Ripley Water Company, of Andover, Maine, for the purpose of conveying to and supplying the village of Andover, Maine, with pure water for domestic, industrial and sanitary purposes, including the extinguishment of fires.

-corporate

name.

-purposes.

May hold

estate, not
exceeding
$40,000.

Authorized

to take water.

and lay

Section 2. Said corporation for said purposes may hold real and personal estate necessary and convenient therefor, not exceeding forty thousand dollars.

Section 3. Said corporation is hereby authorized, for the purposes aforesaid, to take, detain and use the water from any spring or wells on land owned by S. W. Richards in said town of Andover not already in use for such purposes, and from any stream, or brook, tributary to Ellis river, or to any of the -erect dams, branches of said Ellis river, in said Andover, and is authorized to erect and maintain reservoirs and dams, and lay down and maintain pipes and aqueducts necessary for the proper accumulating, conducting, discharging, distributing and disposing of water, and forming proper reservoirs therefor; and said corporation may take and hold by purchase or otherwise, any lands or real estate necessary therefor, and may excavate through any lands, when necessary for the purposes of this corporation.

down pipes.

Liable for

Section 4. Said corporation shall be held liable to pay all all damages. damages that shall be sustained by any person by the taking of any land or other property, or by flowage, or by excavating through any land for the purpose of laying down pipes and aqueducts, building dams and reservoirs, and also damages for any other injuries resulting from said acts; and if any person

-how ascertained, in case of disagreement.

sustaining damage as aforesaid, and said corporation cannot CHAP. 67 mutually agree upon the sum to be paid therefor such person may cause his damages to be ascertained 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.

stock.

Section 5. The capital stock of said corporation shall not Capital be less than five hundred dollars, and it may be increased by vote of the corporation to forty thousand dollars, and said stock shall be divided into shares of fifty dollars each.

Authorized

to lay

pipes, etc.,

in Andover.

all damages.

Section 6. Said corporation is hereby authorized to lay down, in and through the streets and ways in said town of Andover, and to take up, replace and repair all such pipes, aqueducts 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 town. And said corporation shall Liable for be responsible for all damages to persons and property occasioned by the use of such streets and ways, and shall further be liable to pay to said town all sums recovered against said town 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 7. Said corporation is hereby authorized to make contracts with said town of Andover and Andover Village Corporation, and with corporations and individuals for the purpose of supplying water as contemplated by said act; and said town of Andover, by its selectmen, and said Andover Village Corporation, by its assessors, are hereby authorized to enter into contracts with said company for the supply of water and for such exemption from public burden as said town and village corporation and said company may agree upon, which, when made shall be legal and binding upon all parties thereto.

May consupply

tract to

water.

town may

contract for

water and

exempt

from tax

ation.

May cross course or

any water

sewer.

Section 8. Said corporation shall have power to cross any water course, public or private sewer or to change the direction thereof when necessary for the purposes of their incorporation, but in such manner as not to obstruct or impair the use thereof; and said corporation shall be liable for any injury caused thereby. Whenever the said company shall lay down any pipes in shall not any street, or make alterations or repairs upon its works in any street, it shall cause the same to be done with as little obstruction to public travel as may be practicable and shall, at its own expense, without unnecessary delay, cause the earth removed by it to be replaced in proper condition.

Section 9. Any person who shall willfully injure any of the property of said corporation, or who shall knowingly corrupt the

obstruct

public

travel.

Penalty for

injuring

property or

corrupting water supply.

CHAP. 68 waters of any of the springs, wells, streams or brooks hereinbefore mentioned, and in use by said corporation, in any manner whatever, or render them impure whether the same be frozen or not, or who shall throw the carcasses of dead animals or other offensive matter into said waters, or where the same will render said waters corrupted or impure, or who shall willfully destroy or injure any dam, reservoir, well, spring, aqueduct, pipe, hydrant or other property held or owned by said corporation for the purposes of this act, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not less than one year, and shall be liable to said corporation for three times the actual damage, to be recovered in any proper action.

May issue bonds and mortgage property.

When charter becomes void.

First meeting, how called.

Section 10. Said corporation may issue its bonds for the construction of its works, upon such rates and times as it may deem expedient, not exceeding the amount of its capital stock then outstanding, and secure the same by mortgage of the franchise and property of said company.

Section II. In case the works of this corporation shall not have been put into actual operation within five years from the date of approval of this act, the rights and privileges herein granted shall be null and void.

Section 12. The first meeting of said corporation may be called by a written notice thereof, signed by any three corporators 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 meeting.

Section 13. This act shall take effect when approved.
Approved March 1, 1899.

Territory

set off

from Oxford

village corporation.

Chapter 68.

An Act to set off certain lands from Oxford Village Corporation.

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

Section I. The respective farms of John B. Robinson, known as the highland farm, and those now occupied by Frank L. Manson, Samuel C. Wardwell and Hannah C. Morse as homesteads and the farm lately occupied by Cyrus T. Wardwell as a homestead are hereby set off from the Oxford Village Corporation.

Section 2. This act shall take effect when approved.

Approved March 1, 1899.

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