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CHAP. 391

-damages,

how assessed.

Capital stock.

May lay pipes along streets and ways.

-or over tide waters.

-responsibility for damages from occupying

of streets.

May contract

through any land for the purposes of laying down pipes and aqueducts, building dams, reservoirs, and also damages for any other injuries resulting from said acts; and if any person sustaining damage as aforesaid, and said corporation cannot mutually agree upon the sum to be paid therefor, either party on petition to the county commissioners of York county may have the damages assessed by them; and subsequent proceedings and rights of appeal thereon shall be had in the same manner and under the same conditions and restrictions and limitations as are by law provided in case of damages by laying out highways.

Section 6. The capital stock of said corporation shall be not less than one hundred thousand dollars, said stock to be divided into shares of fifty dollars each, with the right to increase said capital stock at any time by vote of the shareholders to an amount not exceeding three hundred thousand dollars.

Section 7. Said corporation is hereby authorized to lay down, construct and maintain in, through, over, under and along the streets and ways of said towns of Kittery and Eliot and surrounding towns, or over tide waters in said towns, and to take up, replace and repair all such pipes, aqueducts and fixtures as may be necessary for the purposes of said corporation, under such reasonable restrictions as may be imposed by the selectmen of said towns, and said corporation shall be responsible for all damage to persons and property occasioned by the use of such streets and ways, and shall further be liable to pay to said towns all sums recovered against said towns for damages from obstructions caused by said corporation, and for all expenses, including reasonable counsel fees incurred in defending such suits, with interest on same.

Section 8. Said corporation is hereby authorized to make for supplying contract with said towns of Kittery and Eliot, and with other

electricity.

May cross but shall not obstruct sewers, etc.

corporations and individuals, for the purpose of procuring or supplying water, electric lights and power as contemplated by said act; and said towns of Kittery and Eliot by their selectmen, are hereby authorized to enter into contracts with said company for the supply of water, electric lights and power and may make such contracts as said towns and said company may agree upon, which, when made, shall be legal and binding upon all parties thereto.

Section 9. Said corporation shall have power to cross any private or public sewer, or to change the direction thereof, when necessary for the purposes of this incorporation, and with the consent of the municipal officers may change the direction of the same, but in such a manner as not to obstruct or impair the use thereof; and said corporation shall be liable for any injury

CHAP. 391

obstruct

streets.

May acquire

property and

of similar

caused thereby. Whenever the company shall lay down any pipes in any street, or make any alterations or repairs upon its work in any street, it shall cause the same to be done with as shall not little obstruction to public travel as may be practicable, and shall unnecessarily at its own expense without unnecessary delay, cause the earth and pavements removed to be replaced in proper condition. Section 10. This corporation is hereby authorized to acquire and hold by purchase all the property, rights, privileges, immu- franchises nities and franchise of any existing corporation located in Kit- corporations. tery, Eliot or adjoining towns, organized for similar purposes, upon such terms as may be agreed upon by said corporations, and upon such purchase and transfer said corporation purchasing shall have, hold, possess, exercise and enjoy all the locations, powers, privileges, rights, immunities, franchise, property and estate which at the time of such purchase and transfer shall then be had, held, possessed, exercised and enjoyed by said corporation so selling.

bonds.

Section II. Said corporation may issue its bonds for the May issue construction of its works, upon such rates and terms as it may deem expedient, not exceeding two hundred thousand dollars, and secure the same by mortgage of the franchise and property of said company.

Section 12. The first meeting of said corporation may be called by written notice thereof, signed by any two corporators therein named and 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 said meeting.

Section 13. Said corporation is hereby authorized to procure a supply of water or electricity by contract with any other per son or corporation on such terms and under such conditions as may be agreed upon by the parties thereto.

Section 14. This act shall take effect when approved.

Approved March 24, 1905.

First notice how given.

meeting,

May procure electricity

water or

from other persons or corporations.

CHAP. 392

Section 3, chapter 211, private and special laws,

Chapter 392.

An Act to amend Section three of Chapter two hundred and eleven, Private Laws of eighteen hundred ninety five, relating to the Bangor Municipal Court.

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

Section three of chapter two hundred eleven private laws of eighteen hundred ninety-five relating to the Bangor Municipal 1895, amended. Court is hereby amended so that it shall read as follows:

Jurisdiction of court.

'Section 3. Said court shall have concurrent jurisdiction with the supreme judicial court in the county of Penobscot of all larcenies as described in the revised statutes, sections one, six, seven, and ten, chapter one hundred and twenty-one, when the value of the property is not alleged to exceed thirty dollars; and of the offenses described in sections one and four, chapter one hundred and twenty-seven, when the value of the property is not alleged to exceed thirty dollars; and of the offenses described in section four, chapter one hundred and thirty-three, when they are not of a high and aggravated nature; and of the offenses described in sections one, eight, and ten, chapter one hundred and twenty-eight, when the damage or injury done is not alleged to exceed thirty dollars, and on conviction of any or all the aforesaid crimes and misdemeanors, may punish by fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months; and of the offenses relating to gambling in sections one and two, chapter one hundred and twenty-six, and of the offenses described in sections seventy-four and eighty, chapter fifty-two, relating to punishment for intoxication of certain railroad employees, and for disorderly conduct in public conveyances, and of offenses described in section six, chapter one hundred twenty-five, and may punish for said offenses as provided by law.'

Approved March 24, 1905.

CHAP. 393

Chapter 393.

An Act for the assessment of a State Tax for the year one thousand nine 'hundred and five, amounting to the sum of nine hundred eighteen thousand one hundred seventy-four dollars and nineteen cents.

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

Section 1. That each city, town, plantation, or any other State tax, 1905. place hereinafter named, within this state, shall be assessed and pay the several sums with which they respectively stand charged in the following lists; the same being in addition to the poll tax of one cent on each poll, a tax of two and one-half mills on the dollar of the present valuation for the current disbursements of the treasury, for the year nineteen hundred and five and for the school mill fund established by an act approved February twenty-seven, eighteen hundred and seventy-two.

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