CHAP. 283 Authorized to convey its property to Maine Baptist Missionary Convention. Chapter 283. An Act to authorize and empower the First Baptist Church of Hampden to convey certain property to the Maine Baptist Missionary Convention. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. The First Baptist Church of Hampden, county of Penobscot, is hereby authorized and empowered to convey by deed of gift to the Maine Baptist Missionary Convention all its property in the town of Hampden, Penobscot county. Section 2. This act shall take effect when approved. Approved March 18, 1905. Charter extended. Chapter 284. An Act to extend the charter of the Tyler-Fogg Trust Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: I. Section 1. The rights, powers and privileges of the TylerFogg Trust Company, which were granted by chapter four hundred and twelve of the private and special laws of nineteen hundred and three, are hereby extended for the future period of two years from the approval of this act; 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 18, 1905. North Company Chapter 285. An Act to authorize the North Brooklin Wharf Company to extend a wharf into the tide waters of Bluehill Bay, at North Brooklin, Hancock County. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Leroy R. Flye, his associates and assigns, to be known as the North Brooklin Wharf Company, are hereby authorized to authorized to erect and maintain a wharf, on the shore of Bluehill bay, county of Hancock, and to extend the same, far enough into the tide waters of said bay, to allow the landing of boats maintain a wharf on shore of Bluehill bay. and steamers. Said wharf to be located at North Brooklin, about one and one-half miles from the head of Harriman's Cove, on the westerly side of said bay, on or near Benjamin Dodge's Point, so called. Section 2. This act shall take effect when approved. Approved March 18, 1905. CHAP. 286 Chapter 286. An Act to incorporate the Midland Power Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: corporate Section 1. Stephen A. Nye, Frank B. Purinton and George Corporators. G. Weeks, their associates, successors and assigns, are hereby made a body corporate by the name of the Midland Power Com- name. pany, with all the rights, powers and privileges, and subject to all the duties and obligations of similar corporations under the general laws of this state, with power by that name to sue and be sued, to have a common seal, to establish all by-laws and regulations for the management of its affairs not repugnant to the laws of this state, and to do and perform any and all legal acts incident to similar corporations. Authorized to electricity. distribute -towns in Section 2. Said corporation is hereby authorized to make, generate, sell, distribute and supply electricity for lighting, heating, manufacturing and mechanical purposes in the town of Canaan in the county of Somerset, and in as much of the town of Fairfield in said county as lies north of a certain line running westerly from the Kennebec river, beginning at a point one- franchises half mile south of Shawmut Village and extending to the Smith-rise field line; also, so much of the town of Clinton in the county of Kennebec as lies within one mile of the east bank of the Kennebec river. which exercised. May maintain right of a dam with flowage. dam. Section 3. Said corporation is further authorized to construct and maintain a dam with the right of flowage in the Carrabasset stream at a point near the location of the Ricker privilege, so called, and to acquire by purchase or otherwise, any and all other location of water powers, privileges and property incident thereto on said stream, and to construct and maintain dams thereon. But nothing herein shall be construed as granting to said company the right to flow existing privileges not acquired, or take any water. power by right of eminent domain. Section 4. Said corporation is hereby authorized to construct and maintain dams at the foot of Oak pond, Long pond, Sibley -may acquire other water power and maintain dams thereon. Authorized to dams at foot maintain CHAP. 286 of Oak pond, Long pond, Sibley pond and Morrill pond. -damage for flowage, how recovered. Authorized to maintain canals. --necessary side dams. -may take ands. -may enter on lands for surveys. May make contracts for supplying electricity or water power. May maintain etc. pond and Morrill pond for the purposes of storing water therein, and the damages for flowage caused by such dams may be recovered in accordance with the provisions of chapter ninety-four of the revised statutes, provided that the volume of water naturally flowing in said stream shall not be diminished to the detriment of any riparian owner. Section 5. Said corporation is hereby authorized to cut and maintain canals from the said dams and to erect and maintain necessary side dams appurtenant thereto, and for the purpose of constructing and maintaining said dams and canals and of erecting electrical or other plants thereon, may take, occupy and enclose any land adjoining the same which may be necessary for building or repairing the same and other necessary purposes, and may blow up and remove any rocks in said stream and take any of the land near said stream when necessary to said purposes. Said corporation may enter upon any land for the purpose of making necessary preliminary surveys and setting marks and monuments therefor and may take and hold by purchase or otherwise, any real estate, rights of way or of water and may also take and occupy any land necessary for the construction and maintenance of a road from the end of said dams on the easterly side of said stream to the nearest highway. Section 6. Said company is authorized to make contracts with any municipality, corporation or individual for the supply, either of water power or of electricity within the territory above described, and may establish written regulations for the supply of the same and may sell or lease any power not used by it on the dams aforesaid. Section 7. Said corporation shall have authority to construct lines of wire, and maintain its lines, poles, wires and fixtures for the transmission of electricity over, across and under roads and streets in the territory above described, subject, however, to the conditions and restrictions of the general laws. Liability for damages. Section 8. Said company shall be liable in all cases to repay to said towns all sums of money that said towns, or either of them, may be obliged to pay on any judgment recovered against them or either of them, for damages occasioned by any obstruc--damages for tion, taking up or displacement of any street or road by said company, together with counsel fees, and other expenses necessarily incurred in defending the same; provided, however, that said company shall have notice of any suit wherein such damages shall be claimed, and shall be allowed to defend the same at its own expense. displacement of streets. Shall file plans of location. Section 9. Said company shall file in the registry of deeds for the county where the land lies, plans of the location of all CHAP. 286 Damages for lands, etc., recovered. taking of how lands and rights of way, taken under the provisions of this act, and no entry shall be made on any land, except to make surveys as aforesaid, until the expiration of ten days from such filing; and with such plan, the company may file a statement of the damages it is ready to pay to any person, for any property so taken, and if the amount finally awarded does not exceed the sum, the company shall recover costs against said person, otherwise such person shall recover costs against the company. Section 10. Said corporation shall be held liable to pay all damages that shall be sustained by any person or corporation, by the taking up of lands, rights of way or of water, or other property as aforesaid, and if such person or corporation, sustaining damages, as aforesaid, shall not agree with said company upon the sum to be paid therefor, either party, on petition to the county commissioners of Somerset or Kennebec counties, within twelve months after such plans are filed, may have such damages assessed by them, and subsequent proceedings and rights of appeal thereon as shall be had in the same manner and under the same restrictions and limitations as are by law prescribed in the case of damages in the laying out of highways. Failure to apply for damages within said twelve months shall be held to be a waiver of the same. For all damages occasioned by flow- Damages for age, said corporation shall not be liable to an action at common law, but the person injured may have a remedy by complaint for flowage, in which the same proceedings shall be had as in a complaint for flowage under the mill acts of this state. Section II. Said company is hereby authorized to issue its Capital stock. capital stock to an amount not exceeding one hundred thousand dollars, and may issue its bonds to an amount not exceeding its capital stock and secure the same by mortgage of its franchise and property. Section 12. Said company is hereby authorized to sell all its rights, property and franchise to any company authorized to make, generate, sell, supply and distribute electricity within said territory, and purchase all the rights, property and franchise of any other company authorized to do such business in such territory. Section 13. The first meeting of said company may be called by the first incorporator, but failing to do so, either of the others may, by a written notice signed by him stating the time, place and purpose thereof and sent by mail to his associates, at least five days before said meeting. Section 14. This act shall take effect when approved. Approved March 18, 1905. flowage, how recovered. -may issue bonds. May sell its to any engaged in a business. property corporation similar meeting, how First CHAP. 287 Section 2, chapter 275, private and special laws, 1863, amended. Municipal affairs vested in mayor and aldermen. Chapter 287. An Act to abolish the Common Council and increase the membership of the Board of Aldermen of the City of Portland. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section two of chapter two hundred seventy-five of the private and special laws of the state of Maine, approved March twenty-four, eighteen hundred sixty-three, is hereby amended, so as to read as follows: 'Section 2. The administration of all the fiscal, prudential and municipal affairs of said city, with the government thereof, twenty-seven shall be vested in one principal magistrate to be styled the mayor, and one board of twenty-seven to be denominated the board of aldermen, all of whom shall be inhabitants of said city; which board of mayor and aldermen shall constitute and be called the city council; and shall be sworn or affirmed in the form prescribed by the constitution of the state for state officers.' -shail constitute city council. Section 3, amended. Mayor shall be chief magistrate. -duties of mayor. -shall preside at meetings. -salary of mayor. Section 4, amended. Laws, acts, ordinances, etc., shall be presented to mayor for approval. -if not approved he shall return it with his objections. Section 2. Section three of said chapter two hundred and seventy-five is hereby amended, so as to read as follows: 'Section 3. The mayor of said city shall be the chief executive magistrate thereof. It shall be his duty to be vigilant and active in causing the laws of the state, and ordinances and regulations of the city, to be executed and enforced, to exercise a general supervision over the conduct of all subordinate officers, and to cause violations or neglect of duty on their part to be punished. He shall, from time to time, communicate to the city council such information, and recommend such measures, as the interest of the city may require. He shall preside at all meetings of the city council, but shall have only a casting vote. He shall be compensated for his services by a salary to be fixed by the city council, payable at stated periods, and shall receive therefor no other compensation, which salary, however, shall not be increased or diminished during his term of office.' Section 3. Section four of said chapter two hundred and seventy-five as amended by chapter three hundred and eighty-four of the private and special laws of the state of Maine, approved March nineteen, nineteen hundred and one, is hereby amended further, so as to read as follows: 'Section 4. Every law, act, ordinance, resolve or order, 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, to the city council, at the next stated session, provided that said stated session is held at least one week after the aforesaid law, act, ordinance, resolve |