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ing, constructing said railroad, and

and completing

ing, constructing and completing said railroad, and for the trans- CHAP. 447. portation of persons, goods and property of all kinds and description, and all such power and authority as may be necessary and proper to carry into effect the objects of said corporation.

transportation of persons and prop

erty.

and property

SECT. 5. A toll is hereby granted for the benefit of said corpo- Toll on passengers ration, upon all passengers and property which may be conveyed granted. or transported on and over its railroad, at such rate as may be established by its directors, subject to such general laws in relation to railroad companies as are or may from time to time be established by the legislature.

SECT. 6. The annual meeting of the stockholders of said corpo- Annual meeting. ration, shall be holden on the first day of September, or such other day as the by-laws may determine, at which meeting the directors shall be chosen by ballot.

other railroads.

SECT. 7. The corporation is hereby authorized to make con- Connections with nections with any other railroad on such terms as its members may deem proper, and to lease its road and property either before or after it shall have been completed, on such terms as its members shall determine.

authorized.

SECT. 8. Said corporation is authorized to issue its bonds to an Bonds, issuing of, amount not exceeding one hundred and fifty thousand dollars, and to secure the same by a mortgage of its road, franchise and property, or in any other manner.

SECT. 9. If the said corporation shall not have been organized, and the location, according to actual survey of the route, filed with the county commissioners of Piscataquis county, on or before the thirty-first day of December, in the year one thousand eight hundred and seventy-three, or if said corporation shall not complete its railroad on or before the thirty-first day of December, in the year one thousand eight hundred and seventy-five, this act shall be void.

SECT. 10. This act shall take effect when approved.

Approved March 9, 1870.

Organization and

location to be

completed within

a certain time, or

the act shall be

void.

Chapter 447.

An act to amend the city charter of Bangor.

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

SECT. 1. Every order, resolve, ordinance, by-law or regulation, which shall have passed the common council and board of aldermen of the city of Bangor, shall, before it be in force, be presented to the mayor; if he approve, he shall sign it; but if not, he shall return it with his objections to the city clerk, who on the reassem

[blocks in formation]

-return to city clerk to be presented to board. Reconsideration, two-third vote for.

CHAP. 448. bling of the board in which it originated, shall present it with the objections to that board. Such board shall then proceed to its reconsideration. If, after such reconsideration, two-thirds of that board shall agree to pass it, it shall be sent, together with the objections, to the other board, and, if approved by two-thirds of that board, it shall be in force. But in all such cases, the votes of both boards shall be determined by yeas and nays, and the names of the persons voting for and against it shall be entered on the journal of each board respectively; provided however, if such objections are not filed within seven days after their first passage, the measure shall be in force without the approval of the mayor. SECT. 2. This act shall take effect when approved. Approved March 9, 1870.

Yeas and nays required to determine certain questions. Proviso.

Aid to Winterport Railroad authorized.

-how applied.

Proviso.

Municipal officers, duties of.

Scrip, issue of, and rate of interest.

or exchanged for railroad bonds.

Chapter 448.

An act to enable the towns of Winterport, Frankfort and Hampden to aid in the construction of the Winterport Railroad.

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

SECT. 1. The towns of Winterport, Frankfort and Hampden, are hereby authorized and empowered to raise money by taxation or otherwise, to an amount not exceeding five per cent. of their respective state valuations of one thousand eight hundred and seventy, and apply the same in the purchase of first mortgage bonds of the Winterport Railroad Company upon such terms as may be agreed upon; provided, that two-thirds of the legal voters present and voting at meetings legally called so vote.

SECT. 2. The municipal officers of said towns shall carry into effect the will of their respective towns as expressed in the meetings as aforesaid, and are hereby authorized and empowered to issue scrip of their respective towns to the amount voted to be raised as aforesaid, bearing interest at a rate not exceeding seven Same may be sold and three-tenths per cent. per annum, and to sell or exchange the same for the said railroad bonds; all of said scrip shall be signed by the treasurer of said towns, and countersigned by a majority towns, shall sign of the selectmen of said towns, be issued in sums not less than fifty dollars nor more than five thousand each, with coupons for interest attached, payable semi-annually, payable to the holder thereof in Winterport, Bangor, Boston or New York, the principal payable at or about the same time said railroad bonds become due.

Treasurer and selectmen of

scrip, &c.

Coupons, when and where payable.

SECT. 3. This act shall take effect when approved.

Approved March 9, 1870.

Chapter 449.

An act to amend section one of "an act to aid the minor children of William J. Dean," approved February twenty-second, eighteen hundred and sixty-nine.

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

CHAP. 449.

SECT. 1. Section one of "an act to aid the minor children of Amended. William J. Dean," approved February twenty-second, eighteen hundred and sixty-nine, is hereby amended, so as to read as follows:

'Sect. 1. Thomas E. Dean and Daniel H. Dean, aged fourteen years; William W. Dean, aged ten years; and Mary L. Dean, aged eight years; and Benjamin S. Dean, aged thirteen years, the minor children of William J. Dean, under sixteen years of age, shall be placed upon the pension rolls of this state; and there shall be paid to the legal guardians of said children for their support, the sum of six dollars each per month from January first, eighteen hundred and sixty-eight, until they shall arrive at the age of sixteen years.'

SECT. 2. An act approved March fifth, eighteen hundred and sixty-nine, entitled "an act to amend section one of an act to aid the minor children of William J. Dean,' approved February twentysecond, eighteen hundred and sixty-nine," is hereby repealed. SECT. 3. This act shall take effect when approved. Approved March 10, 1870.

Names to be

placed upon pen

sion rolls.

Allowance for

support of chil

dren to be paid to

guardian.

Act of March 5th,

1869, to aid said

minor children,

repealed.

Chapter 450.

An act to incorporate the Androscoggin Valley Railroad Company.

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

SECT. 1. Lee Strickland, Amos D. Lockwood, Jacob B. Ham, Coporators. Eliphalet F. Packard, Josiah G. Coburn, Nathan W. Farwell, Abial M. Jones, Archibald Wakefield, Nelson Dingley junior, John W. Perkins, Sylvester Oaks, William P. Frye, Samuel R. Bearce, Jeremiah Dingley junior, Jacob H. Roak, Asa Cushman, William Kilbourne, Thomas Littlefield, Enos T. Luce, Daniel Holland, John M. Frye, Timothy Bailey, James Monroe, Robert Martin, Eben Jordan junior, James Dingley, Philo Clark, Zebulon H. Bearce, Job Prince, Benjamin F. Teague, Rufus Prince, Isaac N. Parker, Oren B. Cheney, James Wood, S. Soule, Isaac Strickland, Hiram W. Briggs, Timothy Walker, Charles A. Kimball, Alonzo Garcelon, Hiram C. Briggs, John D. Hodge, Thomas J. Cox, William W. Bolster, Isaac Randall, John B. Staples, Samuel Holmes, Cyrus

CHAP. 450. Dunn, Essee Fuller, Isaac Chase, Wallace Clark, John J. Holman, Henry W. Park, John Read, Benjamin Poor, George Hopkins, David F. Brown, A. K. Knapp, Reuben Richmond, A. E. Houghton, A. G. Newman, Charles T. Moulton, Stephen P. Adkins, Aaron Stevens, Caleb Blake, James M. Demerritt, Elisha S. Wyman, W. S. Chase, William S. Robinson, William V. Porter, Augustus J. Knight and Oliver Newman, their associates, successors and assigns, are hereby made and constituted a body politic and corporate by the name of the Androscoggin Valley Railroad Company, and by that name may sue and be sued, plead and be impleaded, and shall be entitled to all proper remedies at law or in equity to secure and protect them in the exercise and use of the rights and privileges conferred by this act and in the performance of the duties hereinafter imposed and enjoined, and to prevent all invasion thereof, or interruption in exercising and performing the same, and shall be subject to all duties and liabilities imposed upon similar corporations by the laws of the state.

Corporate name.

Rights, powers, privileges and liabilities.

Location and route.

May take land for location, construction and operation of road.

May remove gravel, stone, timber, &c.

SECT. 2. The said corporation is hereby fully empowered to survey, locate, construct, complete, alter and keep in repair a railway with one or more tracks, and all necessary buildings, tunnels, viaducts, turnouts, side tracks, culverts, bridges, drains and all other needful appendages and appurtenances, from some point within the limits of the cities of Lewiston or Auburn, thence northerly up the valley of the Androscoggin river to some point in the towns of Rumford or Peru.

SECT. 3. Said corporation is hereby invested with all the powers, privileges and immunities which may be necessary to carry into effect the objects and purposes of this act; and to this end it shall have the right to take or to purchase and to hold the same, so much of the land and other real estate of private persons or corporations as may be found necessary for the location, construction and convenient operation of said railway; and shall also have the right to take, remove and use for the construction and also for the repair of said railway and its appurtenances any earth, gravel, stone, timber or other materials on or from the land so taken; provided however, that the land so taken shall not exceed six rods. in width except where greater width is necessary for the purpose of excavation or embankment; and provided also, in all cases said corporation shall pay for such lands, estate or materials, such price as they and the owner or owners thereof may mutually agree upon; In case of disa- and in case said parties shall not agree as to the price to be paid, then the said corporation shall pay in any given case such damages as shall be ascertained and determined by the county commissioners of the several counties in which such lands, estates or materials may be situated, in the same manner and under the same conditions as are by law provided in the case of laying out high

Proviso.

greement, damages shall be ascertained by county commissioners.

ways. The lands so taken by said corporation shall be held by it CHAP. 450. in like manner as lands taken and appropriated for highways.

estimate of dama

ges to be made

within three

years.

Trees standing

within four rods

SECT. 4. No application to said county commissioners to esti- Application for mate damages, as provided in the preceding section, shall be sustained, unless made within three years from the time of taking such lands and other property; and in the event that said railway shall pass through any woodland or forest, said corporation shall have the right to remove or fell any tree or trees standing on such woodlands or in such forest, within four rods from such railway, which may be liable to be blown down upon, or to fall down upon its track, and thereby obstruct or impair the same, by paying therefor a just and reasonable compensation in each case, to be compensation determined and recovered in the event of disagreement between the parties, in the same manner provided in this act for the determination and recovery of other damages.

of road may be

removed.

to be paid there

for.

shares.

Affairs of corpora

tion, government of, vested in board

of directors. Directors, election

SECT. 5. The capital stock of said corporation shall consist of Capital stock and not less than one thousand shares of one hundred dollars each par value, but the number of such shares may be from time to time increased at the discretion of the stockholders to an amount not exceeding two thousand shares. The immediate government and direction of the affairs of said corporation, shall be vested in a board of directors, to consist of not more than seven members nor less than five, which members shall be stockholders, and shall be chosen or appointed in the manner hereinafter provided, and shall of, and tenure of hold their offices respectively until others shall be chosen or appointed to take their places. A majority of said board shall be a quorum for the transaction of business; and they shall elect one of their number to be president of the board, who shall also be president of the corporation, and they shall also choose a clerk and a treasurer, which latter officer shall be required to give a Bond of treasurer. bond to the corporation in such sum as the directors may determine for the faithful discharge of his trust.

office.

Quorum.
President, clerk

and treasurer.

of, in locating and completing their railway.

SECT. 6. The directors for the time being, are hereby duly Directors, powers authorized and empowered by themselves or their agents, to exercise all the powers herein granted to the corporation relating to the location, construction and completion of their railway, and for the transportation of persons, goods and property over the same; and also all such power and authority for the management of the affairs of the corporation as may be necessary and proper to carry into effect the objects of this charter. They may purchase and hold lands, materials, engines and cars, and other necessary things, in the name of the corporation, for the use of its railway. They may make from time to time such equal assessments upon all the shares of stock in said corporation as they may deem expedient and necessary as the work progresses, no share, however, being liable in any event to assessments amounting in

May purchase and hold lands, materials, engines, cars, &c. Assessments.

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