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CHAP. 86

Chapter 86.

An Act in relation to the original Plans of Towns in Kennebec County.

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

Section I. The county commissioners for the county of Kennebec are hereby empowered and instructed to contract with some competent person to furnish copies of the plans of the various cities, towns and plantations in said county which show the original lotting and numbering of said cities, towns and plantations so far as the same may be obtained at a price not exceeding fifteen hundred dollars to be paid by said county, which may be raised by taxation or otherwise.

[blocks in formation]

under

this act.

Section 2. Such plans shall as nearly as practicable be of Specification of plans uniform size and shape, and shall be mounted on linen so that required they may be conveniently used for constant reference without injury. They shall be suitably indexed and shall be kept on file in the registry of deeds for said county.

copies of certified.

plans shall be

Section 3. Such copies shall be certified by the person making them, as true copies of the original plans and shall also bear a copy of such endorsements, if any, as are found upon the original. In the discretion of the court, such copies may be copies may admitted as evidence.

Section 4. This act shall take effect when approved.

Approved February 23, 1905.

--certified

be admitted as evidence.

Chapter 87.

An Act repealing Chapter four hundred and forty-three of the Private and Special Laws of the year nineteen hundred and one, relating to the annual town meeting of Boothbay Harbor.

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

Section 1. Chapter four hundred and forty-three of the private and special laws of the year one thousand nine hundred and one is hereby repealed.

Section 2. This act shall take effect when approved.

Approved February 23, 1905.

Chapter 443, special laws, 1901, repealed.

private and

CHAP. 88

Moose Hill pond, to preserve purity of

water in.

Sewage, etc., shall not be

discharged into.

--cultivation of adjacent soil, permitted

under certain restrictions.

Injunction

proceedings, jurisdiction

of.

Chapter 88.

An Act to preserve the purity of the source of water supply for the villages of Livermore Falls and Chisholm, and to protect the public health.

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

Section 1. No structure, cess pool, privy or outhouse shall hereafter be erected or maintained within the distance of three hundred feet of the waters of Moose Hill pond, so called, in the town of East Livermore in the county of Androscoggin, the source of the water supply for the villages of Livermore Falls and Chisholm.

Section 2. No sewage, drainage, refuse or polluting matter of such kind and amount as either by itself or in connection with other matter will corrupt or impair the quality of the water of said Moose Hill pond, or render it injurious to health, shall be discharged into said pond, or put upon the ice thereon, but nothing herein shall prohibit the cultivation and use of the soil in the ordinary methods of agriculture if no human excrement is used thereon within three hundred feet of the shores of said pond.

Section 3. The supreme judicial court shall have jurisdiction in equity to enjoin, prevent or restrain any violation of the provisions of this act.

Section 4. This act shall take effect when approved.

Approved February 23, 1905.

Authorized to issue bonds for certain purposes.

-to refund

existing debt. -to procure funds for renewals, extensions,

etc.

-limitations.

Chapter 89.

An Act to amend Chapter eighty-two of the Private and Special Laws of nineteen hundred and three entitled, "An Act to incorporate the Gardiner Water District."

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

Section I. Hereafter the Gardiner Water District, through its trustees, is authorized to issue its bonds in the manner herein stated and for the following purposes:

I. To refund at any time the existing bonded debt.

2. To procure funds for making such renewals, extensions, additions or improvements to the plant of said water district as may seem necessary to the said trustees, the expense of which cannot be met from the current income, provided that the cost of the same during any one fiscal year of said water district shall

CHAP. 89

proceedings

when cost of
renewals,
etc., in any
one year
exceed $10,000.

election.

--elections,

not exceed ten thousand dollars. When the cost of renewals, extensions, additions or improvements proposed during any one fiscal year of said water district shall be estimated by the trustees at more than ten thousand dollars, then the said trustees shall notify the municipal officers of the city of Gardiner of the renewals, extensions, additions or improvements contemplated and the amount of bonds required to procure funds to pay for the same. The municipal officers shall then submit the question whether said bonds so required shall be issued, to the legal voters within said water district, by a special election called and held within thirty days after the notice of the trustees has been special received by the municipal officers as aforesaid. The board of registration of the city of Gardiner shall make and provide a special check list for such of the voters within said water district as are then legal voters within ward six of said city, and all warrants issued to said ward shall be amended accordingly to show that only such voters therein are entitled to vote on the question sumitted. Such election shall be called, advertised how called. and conducted according to the law relating to municipal elections, excepting, however, that the board of registration shall not be required to prepare, or the city clerk to post, a new list of voters; but the said board shall be in session during the two secular days next preceding such election, the first of these two days to be devoted by them to the registration of voters, and the second to verifying the corrections of said lists and to the completion and closing up of the records of their sessions. The city clerk shall reduce the subject matter of the question to be submitted to the following form: "Shall the trustees of the Gar-questions to diner Water District issue bonds of the district to an amount form of. of. . . . . . . . . . dollars, to pay for the following specified renewals, extensions, additions or improvements to their plant,... ...?" And the voters shall indicate by a cross placed against the words 'Yes' or 'No' their answer to the question. The result shall be declared by the mayor and aldermen, and due certificate thereon shall be filed by the city clerk with the trustees of said water district. The trustees shall then be authorized to issue the bonds of said water district as proposed, provided it appears that such issue has been approved by a majority vote of the legal voters voting at said election.

Section 2. The trustees of said Gardiner Water District shall, on or before March first of each year, make and file with the municipal officers of the city of Gardiner, a report of their doings as trustees of said water district, and a statement of the receipts and disbursements of said water district during the year ending

be submitted to voters,

Trustees

shall make

and file municipal

report with

officers.

CHAP.

-limits of fiscal year fixed.

90

Inconsistent

December thirty-first next preceding, and this shall be deemed the fiscal year of said water district.

Section 3. All powers granted to said Gardiner Water Disacts repealed. trict by said chapter eighty-two of the private and special laws of nineteen hundred and three which are inconsistent with this act are hereby repealed.

Section 4. This act shall take effect when approved.

Approved February 24, 1905.

Corporators.

--corporate name.

Location.

Purposes.

--to receive deposits, etc.

-to borrow money, etc.

-to maintain safe deposit vaults.

-to hold investments.

Chapter 90.

An Act to incorporate the Merchants' Trust Company.

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

Section 1. George Burnham, Jr., Jeremiah W. Tabor, Charles S. Fobes, Herbert J. Brown and Franklin C. Payson, all of Portland, county of Cumberland, state of Maine, or such of them as may by vote accept this charter, with their associates, successors and assigns, are hereby made a body corporate and politic to be known as the Merchants' Trust Company, and as such shall be possessed of all the powers, privileges and immunities and subject to all the duties and obligations conferred on corporations by law.

Section 2. The corporation hereby created shall be located at Portland, Cumberland county, Maine, and may have two offices for the transaction of business in said city.

Section 3. The purposes of said corporation and the business which it may perform are: first, to receive on deposit, money, coin, bank notes, evidences of debt, accounts of individuals, companies, corporations, municipalities and states, allowing interest thereon, if agreed, or as the by-laws of said corporation may provide; second, to borrow money, to loan money on credits, or real estate, or personal or collateral security, and to negotiate purchases, loans and sales for others, third, to erect, construct, own, maintain, and operate safe deposit vaults, with boxes, safes and other facilities therein, to be rented to other parties for the safe keeping of moneys, securities, stocks, jewelry, plate, valuable papers and documents, and other property susceptible of being deposited therein, and to receive on deposit for safe keeping, property of any kind. entrusted to it for that purpose; fourth, to hold and enjoy all such estate, real, personal and mixed as may be obtained by the

CHAP. 90

agents, etc.

trusts.

--to act as assignee, etc.

investment of its capital stock or any other moneys and funds that may come into its possession in the course of its business and dealings, and the same sell, grant and dispose of; fifth, to act as agent for issuing, registering and countersigning certifi- --to act as cates, bonds, stocks, and all evidences of debt or ownership in property; sixth, to hold by grant, assignment, transfer, devise to execute or bequest, any real or personal property or trusts duly created, and to execute trusts of every description; seventh, to act as executor, receiver or assignee, with the same powers and duties as are conferred and imposed by law upon natural persons acting in the same capacities and subject to the same control of the court having jurisdiction of the same in all proceedings relating to the exercise of these powers; all papers may be signed and sworn to by any officer designated by the corporation for that purpose, and the officers shall be subject to citation and examination in the same manner and to the same extent as natural persons acting in the same capacities. No sureties shall be required upon the bond of the corporation when acting in said. capacities, unless the court or officer approving said bond shall require it; eighth, to guarantee the payment of the principal and interest of all obligations secured by mortgages of real estate running to said Merchants' Trust Company; ninth, to hold for safe keeping all kinds of personal or mixed property and to act as agents for the owners thereof, and of real estate for the collection of income on the same and for the sale of the same; tenth, to do in general all the business that may lawfully be done by trust and banking companies.

--to guarantee payment of obligations.

--to hold for

safe keeping personal property.

all kinds of

or mixed

--to do a

general banking business.

--shall not

Section 4. The capital stock of said corporation shall not Capital stock. be less than fifty thousand dollars, divided into shares of one hundred dollars each, with the right to increase the said capital stock at any time, by a vote of the shareholders, to any amount not exceeding one million dollars. Said corporation shall not commence business as a trust or banking company, until stock to the amount of at least fifty thousand dollars shall have been subscribed and paid in, in cash.

commence $50,000 shall

business until

be paid in.

make loans on security of its own

Section 5. Said corporation shall not make loans or dis- Shall not counts on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares unless necessary stock. to prevent loss upon a debt previously contracted in good faith; and all stock so acquired shall, within a reasonable time after its acquisition, be disposed of at public or private sale. Section 6. All the corporate powers of this corporation shall Board be exercised by a board of directors or trustees, who shall be residents of this state, whose number and term of office shall

of trustees.

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