the right at the expiration of said term, upon vote of the city council to that effect, to take possession of and own for municipal purposes the entire plant, property and franchises, rights and privileges held and owned by said Portland Gas Light Company, upon payment therefor of the amount which said plant, property, franchises, rights and privileges shall fairly and equitably be worth. Notice of appraisal given. judicial shall be In order to carry out the purpose of possession and ownership aforesaid, the city council shall at least three months before the expiration of said term give notice to the company of its intention to exercise the right herein granted, and shall procure judicial appraisal of said property by bill in equity filed in the supreme judicial court for the county of Cumberland for that purpose at or before the expiration of the term of said franchise, and jurisdiction is hereby given to said court over the entire matter, including application of the purchase money, discharge of incumbrances and transfer of the property, for the purpose of fixing the valuation thereof and making just compensation therefor it shall appoint three competent and distinterested appraisers, and upon payment or tender by said city of the amount fixed --purpose of and the performance of all other terms and conditions imposed by the court said entire plant, property, franchises, rights and privileges shall become vested in said city and be free from all liens, mortgages and incumbrances theretofore created by said. Portland Gas Light Company. The appraisers shall, after due notice and hearing, make their report to the court, and the court may accept such report or reject it or recommit the same or submit the subject matter thereof to a new board of appraisers and make any order relat ing to the same which justice and equity may require. Section 2. The said Portland Gas Light Company is hereby prohibited from making any consolidation or business combina tion either direct or indirect with any other corporation, firm or individual engaged in furnishing light or heat by either gas or electricity, and any such attempted consolidation or agreement for such purpose shall be wholly void and of no effect, and in case of any such attempted consolidation or business combina tion, the supreme judicial court shall have jurisdiction in equity in regard to the same and shall make such orders and decrees as may be necessary or proper to enforce the provisions of this section. Section 3. This act shall take effect when approved. Approved March 24, 1905. appraisal. Appraisers report to shall make court. Shall not consolidate with similar corporation. Chapter 386. An Act to repeal Chapter three hundred and seventeen of the Private and Special Laws of the State of Maine for the year nineteen hundred and three, relating to the taking of Clams in the Town of Scarboro. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Chapter three hundred and seventeen of the private and special laws of the state of Maine for the year nineteen hundred and three, is hereby repealed. Section 2. This act shall not take effect unless a majority of the voters of said town of Scarboro voting thereon shall vote to accept the same at the next annual meeting of said town of at a prior special meeting called for that purpose. Approved March 24, 1905. Paragraph 6, section 3, chapter 407, private and special laws 1903, amended. Chapter 387. An Act to amend Paragraph Six, entitled "Oxford county," of Section three of Chapter four hundred and seven of the Private and Special Laws of nineteen hundred and three, relating to Fishing in the Magalloway River and its tributaries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Paragraph six of section three of chapter four hundred and seven of the private and special laws of nineteen hundred and three, is hereby amended by striking out the words "or in any of the tributaries of said river north of said falls" in the twentythird and twenty-fourth lines of said paragraph, and by adding thereto the following: 'and it shall be unlawful to fish for, take or catch any kind of fish at any time in any of the tributaries of said Magalloway river above Aziscohos Falls.' Approved March 24, 1905. Section 1, chapter 190,1 private and special laws Chapter 388. An Act to enlarge the Jurisdiction of the Municipal Court of Dexter. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section one of chapter one hundred and ninety of the private and special laws of eighteen hundred and eighty-seven, is hereby 1887,amended. amended, as follows: by striking out in the fourth line the word "fifty" and inserting in its place thereof the words 'one hundred,' so that said section as amended shall read as follows: CHAP. 389 Jurisdiction of court 'Section 1. In addition to its present jurisdiction, the said court shall further have concurrent jurisdiction with the supreme enlarged. judicial court, in all personal actions, where the debt or damage claimed is over twenty dollars, and not over one hundred dollars, and the defendant, or either of the defendants or person or persons summoned as trustees, is resident in said county of Penobscot; but this jurisdiction shall not include proceedings under the divorce laws, or complaints under the mill act, so called.' Approved March 24, 1905. Chapter 389. An Act to grant certain powers to the Town of Eden. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: of assessors. Section I. The town of Eden in Hancock county, may at Election any annual town meeting elect by ballot a board of three assessors of taxes, one for a term of one year, one for a term of two years, and one for a term of three years, and thereafter shall elect one each year for a three years term. Such board shall serve instead of the assessors provided for by general statute, and have the same powers and be subject to the same duties. Section 2. Said town of Eden at any annual town meeting may elect a board of three road commissioners, one for a term of one year, one for a term of two years, and one for a term of three years, and thereafter shall elect one each year for a three years' term. Election of missioners. road com Powers of board of missioners. Said board shall serve instead of the road commissioner, of commissioners, provided for by general statute, and have the road comsame powers in relation to the construction and repair of roads, bridges and sidewalks as the road commissioners and municipal officers have under such general statute, and be subject to the same duties in relation thereto. The compensation of such commissioners shall not exceed fifty dollars each, per year. They shall employ a superintendent of superintendents of roads, not one of their own number. Such superintendent shall be under the control of said board of commissioners, and subject to discharge by them. Section 3. This act shall not become operative until it is ratified by said town of Eden, at an annual town meeting called by a warrant containing an article for the purpose. The town may at such meeting ratify one of the above sections, and reject compensaroad com. tion of missioners. --superinten. dent of roads. Act not until ratified operative by voters. CHAP. 390 --board may be ratified at any annual meeting. the other, whereupon the sections so ratified shall go into operation. At any annual meeting ratifying either of said sections, the board thus provided for may be elected. Section 4. This act shall take effect when approved, subject to ratification by the town as aforesaid. Approved March 24, 1905. Action of town of Standish Chapter 390. An Act to make valid the action of the town of Standish in uniting the former school districts of South Standish and Bonny Eagle. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. The action of the town of Standish at its annual town meeting held March sixth, nineteen hundred and five, certain school whereby, acting upon article thirty-six in its warrant, it voted: uniting districts made valid. 'That the town unite the former school districts of South Standish and Bonny Eagle, forming one district in accordance with the recommendations of the superintending school committee, dated March sixth, nineteen hundred and five.' Also voted, 'that the new school formed by the union of the South Standish and Bonny Eagle schools be located at the junc tion of the road leading to the dwelling of Orville S. Sanborn, with the road leading from South Standish to Bonny Eagle, on land of heirs of Daniel L. Warren.' Also voted, 'that the proper officers be instructed to buy of heirs of Daniel L. Warren, or take by condemnation proceedings, if necessary, for school purposes, sufficient land for school building and yard, and that they have the school building at South Standish moved on to the same;' is hereby declared legal and valid. Section 2. This act shall take effect when approved. Approved March 24, 1905. CHAP. 391 Chapter 391. An Act to incorporate the Kittery Water and Electric Light Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Horace Mitchell, Calvin L. Hayes, J. L. M. Willis, Corporators. Thomas F. Staples, James H. Walker, O. S. Paul, James R Philbrick, Clarence M. Prince and Willard T. Spinney with their associates and successors are hereby made a corporation by the name of the Kittery Water and Electric Light Company, name. for the purpose of conveying to and supplying the towns of Kittery and Eliot with pure water and electric lights. Section 2. Said corporation, for said purpose, may hold real and person estate necessary and convenient therefor, not exceed ing one hundred thousand dollars. -corporate May hold real and personal property. necessary Authorized to from springs, take water ponds or streams. '--exceptions. -may maintain etc. May supply electricity in towns of Kittery and Eliot. Section 3. Said corporation is hereby authorized for the purposes aforesaid, to take water from any spring, pond or streams in said towns or adjoining towns, provided, that no water be taken from springs or ponds now used for similar purposes, without consent of the owner, to erect and maintain pumping stations, with all necessary appliances required thereto, to erect and maintain reservoirs and stand pipes, and lay down and maintain pipes and aqueducts necessary for the proper accumulating, conducting, discharging, distributing and disbursing reservoirs, 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. Section 4. Said corporation is hereby authorized for the pur poses aforesaid to carry on the business of lighting by electricity or otherwise, such public streets in the towns of Kittery and Eliot, and such buildings and places therein, public and private, as may be agreed upon by said corporation and the owners or those having control of such places to be lighted, and may furnish motive power by electricity or otherwise, within said towns, power. and may build and operate manufactories and works for providing and supplying electricity, light and power, and may take, lease, purchase and hold real estate, and personal estate therefor, -may and to construct, lay, maintain, and operate lines of wire or other operate lines material for the transmission of electricity or power, upon, under, along and over any and all streets and ways or tide waters under the direction of the municipal officers of said towns. Section 5. Said corporation shall be held liable to pay 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 -may furnish of wire. liability for. |