or boats to be propelled by steam, wind or horse power or oars, as may be deemed most advisable from time to time. Said company shall not be required to transport carriages or perform other duties that will require the use of a scow from November the first to April the first of each year.' Approved February 28, 1905. Authorized to Authorized to Damages, how obtained. This act shall become void January 1, 1907, if $200,000 has not then been expended. Chapter 120. An Act to authorize Walter W. Irwin, his associates and assigns, to raise the water of Third Pond in the town of Bluehill. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Walter W. Irwin and his associates and assigns are hereby authorized and empowered: A. To raise the waters of Third pond, so called, in the town of Bluehill, in Hancock county, Maine, not exceeding five feet above the mean level thereof, by means of a dam or dams on their own land now or hereafter acquired, and gates, sluices of pipes, and to hold or use said waters for fire purposes or for other purposes necessary or desirable in carrying on mining and reducing operations in the vicinity of said pond. B. To take or divert any part of the waters of said Third pond by means of pipes, canal, or otherwise, and to lead or conduct said water from its natural channel for any purpose necessary or desirable in carrying on mining and reducing operations in the vicinity of said Third pond, including the right to conduct said waters across or under any public highway, subject to such reasonable restrictions as may be imposed by the selectmen of said town of Bluehill. Section 2. Any person or corporation whose lands are damaged under this act may obtain compensation for the injury in the same manner as provided under chapter ninety-four of the revised statutes of the state of Maine. Section 3. This act shall become null and void unless the said Irwin and his associates or assigns shall enter upon actual mining and reducing operations under this act on or before January one, nineteen hundred and seven, and shall construct and operate on or before said date, a mining and reducing plant of an actual cost of at least two hundred thousand dollars, and the certificate of any one of the county commissioners for said county of Hancock filed in the office of the clerk of said commissioners or recorded in their records, reciting compliance with said conditions, shall be conclusive evidence of such compliance. Section 4. This act shall become null and void at any time when said mining and reducing operations shall cease to be carried on regularly and in good faith for a period of two consecutive years. Section 5. This act shall take effect when approved. Approved February 28, 1905. CHAP. 121 Shall become void when operations cease. Chapter 121. An Act to enable the Sebago Lake, Songo River and Bay of Naples Be it enacted by the Senate and House of Representatives in Section I. The Sebago Lake, Songo River and Bay of Naples Steamboat Company, a corporation duly established and existing under the laws of the state, its successors and assigns, are hereby authorized and empowered to construct and maintain a wharf at the foot of Long lake in the town of Naples, in the county of Cumberland and on the southerly side of what is known as Long Pond bridge, and adjoining the easterly abutment of said bridge, and to extend the same at a sufficient length and width into the water to allow the landing of boats and steamers at said wharf. May acquire rights, etc. lands, shore -may exercise right of domain. Section 2. And for the purposes aforesaid the said corporation is hereby authorized to acquire by purchase, grant or gift, from any person or corporation, any lands, shore rights, rights of way from streets or highways to said wharf; said corporation. may also for the purposes aforesaid, take, by right of eminent domain, any land, shore rights, rights of way from streets of highways to said wharf, in the same manner and under the same eminent conditions, restrictions and limitations, as are by law prescribed in the case of taking land for the laying out of highways, upon payment of reasonable compensation therefor. Provided, however, that if said company, its successors or assigns, shall fail to use said wharf when necessary to leave or take passengers of freight for one season, unless prevented by conditions beyond their control, that all property taken by right of eminent domain, shall revert to the original owners, together with all structures thereon. -proviso. how Section 3. Said corporation shall be held liable to pay a just Damages, compensation for the taking of the lands, shore rights, rights ascertained. of way from streets or highways to said wharf, and if any person CHAP. 122 sustaining damage for property so as aforesaid taken, and said corporation shall not 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, 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 February 28, 1905. Section 2, city charter of Rockland, amended. City council established. Section 3. amended. Chapter 122. An Act to amend the charter of the City of Rockland. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section two of the city charter of the city of Rockland is hereby amended by striking out the word "seven" in the fourth line thereof and inserting in lieu thereof the word 'fourteen,' and by striking out after the word "aldermen" in the fifth line of said section the words, "and one board of twenty-one to be denominated the board of common council" and inserting the words 'or city council,' and by striking out after the word "city" in the seventh line, the words "which boards shall constitute and be called the city council," and by inserting the word 'and' before the word "all" in the eighth line, so that said section as amended, shall read as follows: 'Section 2. The administration of all fiscal, prudential and municipal affairs of said city, with the government thereof, shall be vested in one principal magistrate, to be styled the mayor, and one board of fourteen to be denominated the board of aldermen or city council, all of whom shall be qualified electors of said city and all of whom shall swear or affirm to faithfully perform the duties of their respective offices.' Section 2. Section three of said charter is hereby amended by striking out, after the word "aldermen" in the seventh line of said section the words "and common council or either of them," and by inserting after the word "abode" in the twelfth line the words, 'or place of business' and by striking out the words "or boards" in said twelfth line; and by striking out after the word "aldermen" in the seventeenth line, the words, "and in the joint meetings of the two boards," and by striking out in the twenty-fifth line the words "and common councilmen," so that said section as amended, shall read as follows: CHAP. 122 Mayor shall be chief officer. executive may call special 'Section 3. The mayor of said city shall be the chief executive officer thereof; it shall be his duty to be vigilant and active in causing the laws and regulations of the city to be executed and enforced; to exercise a general supervision over the conduct of all subordinate officers, and cause violations or neglect of duty to be punished. He may call special meetings of the board of aldermen when, in his opinion, the interests of the city require meetings. it, by a notice in one or more of the city papers, or by causing a summons or notification to be given in hand or left at the last and usual place of abode, or place of business of each member of the board to be convened, at least six hours before the time. fixed for such meeting. He shall, from time to time, communicate to the city council such information and recommend such. measures as the interests of the city may require. He shall pre- information side in the board of aldermen but shall have only a casting vote. The mayor shall receive for his services such compensation as the city council may allow, which shall not be less than three compensa. hundred or more than five hundred dollars per year, payable quarterly, and he shall not receive from the city any other compensation for any service by him rendered in any other capacity or agency. The aldermen shall not be entitled to receive any shall receive salary or other compensation during the years for which they are elected, nor be eligible to any office of profit or emolument, the salary of which is payable by the city.' -shall communicate and recommend measures. tion of mayor -aldermen no salary. amended. Section 3. Section four of said charter is hereby amended Section 4, by striking out the words "of both branches" in the second line thereof, and by inserting after the word "council" in the sixth line, the words, 'which objections shall be entered at large on its journal and procedure shall be made to reconsider it' and by striking out after the word, "members" in the tenth line, the words, "of that branch, it shall be sent together with the objections to the other branch, by which it shall be reconsidered, and if passed by a vote of two-thirds of all the members of that branch" so that said section as amended, shall read as follows: 'Section 4. Every law, act, ordinance, resolve or order, requiring the consent of the city council, excepting rules and orders of a parliamentary character, shall be presented to the mayor for approval. If not approved by him, he shall return it with his objections at the next stated session of the city council, which objections shall be entered at large on its journal and procedure shall be made to reconsider it. If, upon such reconsideration it shall be passed by a vote of two-thirds of all the members, it shall have the same effect as if signed by the mayor. If not so returned, or in case of vacancy in the office of mayor, Acts, ordinances, shall be orders, etc., presented to approval. approved same, with city council. mayor for -if not shall return objections, to -how passed without approval of mayor. CHAP. 122 Section 5, amended. Mayor and aldermen shall have powers of selectmen. -watch and ward. -police department. when said law, act, ordinance, resolve or order be finally passed, the same shall be valid without approval.' Section 4. Section five of said charter is hereby amended by striking out after the word "alderman" in the eighteenth line of said section the words, "and common council," and by striking out after the word "city" in the nineteenth line, the words "to be exercised by concurrent vote, each board to have a nega、 tive upon the other. Each board," and inserting therein the words, 'the board of aldermen;' and by striking out after the word "by" in the twenty-third line the words "the mayor and aldermen" and inserting in lieu thereof the words 'this board'; and by striking out in the twenty-fourth line the words, “in each board"; and by striking out after the word "the" in the twentyfifth line the words, "aldermen and common councilmen and all meetings of the two boards in convention" and inserting in lieu thereof the words, 'city council'; and by striking out in line twenty-eight the words, "of each of them" and in line twentynine the words "either of," so that said section as amended, shall read as follows: 'Section 5. The executive powers of said city generally, and the administration of police and health departments, with all the powers of selectmen, except as modified by this act, shall be vested in the mayor and aldermen. All the powers of establishing watch and ward, now vested by the laws of the state in the justices of the peace and municipal officers or inhabitants of towns, are vested in the mayor and aldermen, so far as relates to said city; and they are authorized to unite the watch and police departments into one department and establish suitable regulations for the government of the same. The officers of police shall be one chief, to be styled the city marshal, and one deputy marshal, and so many watchmen and policemen, as may, from time to time be appointed. All other powers now or hereafter vested in the inhabitants of said city, and all powers granted by this act, as well as all powers relating to the fire department, shall be vested in the mayor and aldermen of said city. The board of aldermen shall keep a record of its proceedings, and judge of the election of its own members; and in case of vacancies new elections shall be ordered by this board. A quorum for the transaction of business shall consist of a majority thereof; all meetings of the city council shall be open and public; and the presiding officer shall have the powers of moder-yea and nay ators of town meetings. At said meetings when any two members shall request it, the votes shall be taken by yeas and nays, --board of aldermen shall keep record of proceedings. --quorum. votes shall be taken on request of two members. which vote shall be recorded by the clerk.' |