Chapter 311. An Act to ratify, confirm, legalize and make valid the acts and doings of the Bangor and Piscataquis Railroad Company, and of the city of Bangor, relative to the extension of the Bangor and Piscataquis Railroad. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 311 Doings of city council of Bangor and B. and P. R. R. Co. legalized. SECT. 1. The acts and doings of the city council of the city of Bangor, relative to the extension of the Bangor and Piscataquis Railroad, passed February twenty-eight, in the year of our Lord one thousand eight hundred and eighty-two, and ratified by a majority of the legal voters of the city of Bangor on the second Monday of March, in the year of our Lord one thousand eight hundred and eighty-two, and all the acts and doings of the Bangor and Piscataquis Railroad Company, and of the city of Bangor, and the voters thereof in the premises, including the contract made and executed January ten, in the year of our Lord one thousand eight hundred and eighty-three, relative to said extension, by and between said Bangor and Piscataquis Railroad Company and said city of Bangor, are hereby ratified, confirmed, legalized and made valid; and the mortgage to be made in pursuance Mortgage shall thereof, shall take precedence of all mortgages and liens on of all others. said railroad now held and which may be hereafter held, by said city. SECT. 2. The action of the city council of the city of Bangor ordering the cancellation of the second mortgage bonds of said railroad company by the city treasurer, and a discharge of the mortgage securing the same, passed February nineteen, in the year of our Lord one thousand eight hundred and eighty-three, is hereby confirmed, and said city council shall not hereafter alter or rescind the same. SECT. 3. This act shall take affect when approved. take precedence Cancellation of certain bonds by city treasurer, confirmed. CHAP. 312 Orrin S. Haskell et als. authorized to remove obstructions in Chapter 312. An Act to authorize the removal of obstructions in the Sebasticook River. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Orrin S. Haskell, A. H. Cornforth, Isaac H. Lancy, and their associates, who are owners of land borderSebasticook river. ing on the Sebasticook river, are hereby authorized to remove the accumulation of rocks and sand in said river, in the towns of Pittsfield and Burnham, called the Eelweir rapids, with the consent of the owners of said lands, for the purpose of making the lands more valuable. SECT. 2. This act shall take effect when approved. Approved March 6, 1883. Sec. 17, ch. 360, private laws of 1854, amended. Election of mayor of city of Rockland. -aldermen and common councilmen. Sec. 19, amended. Annual election, time, votes how Chapter 313. An Act to amend "An Act to incorporate the city of Rockland." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section seventeen of "An Act to incorporate the city of Rockland," is hereby amended by striking out the word "majority," in the sixth line thereof, and inserting the word 'plurality,' instead thereof, so that said section, as amended, shall read as follows: 'SECT. 17. The mayor shall be elected from the citizens at large, by the inhabitants of the city voting in their respective wards. One alderman and three common councilmen shall be elected by each ward, being residents in the wards where elected. All said officers shall be elected by ballot, by a plurality of the votes given, and shall hold their office one year from the first Monday of March, and until others shall be elected and qualified in their places.' SECT. 2. Section nineteen of said act, as amended by chapter two hundred and fifteen of the special laws of eighteen hundred and eighty, is hereby further amended so as to read as follows: 'SECT. 19. On the first Monday of March, annually, counted, declared immediately after a warden and clerk shall have been chosen and sworn, the qualified electors of each ward shall ballot for and certified. Meeting may adjourn from day to day. Subsequent trial, termined. result, how de Aldermen to examine certifi cates and notify mayor elect. a mayor, one alderman and three common councilmen ; all CHAP. 313 the votes given for the said several officers respectively shall be sorted, counted, declared and registered in open ward meeting, by causing the names of the persons voted for, and the number of votes given for each, to be written on the ward records at length. The ward clerk within twenty-hours after such election, shall deliver to the persons elected aldermen and common councilmen by a plurality of votes given, certificates of their election, and shall forthwith deliver to the city clerk, a certified copy of the record of such election; provided, however, that if the choice of aldermen, common councilmen, constable, warden or clerk cannot be conveniently effected on that day, the meeting may adjourn from day to day to complete such election. If, on a subsequent trial, no choice of the aforesaid officers shall have been effected, the balloting shall be continued from day to day till a choice shall thus be effected. The board of aldermen shall, as soon as conveniently may be, examine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who shall have received the greatest number of votes given for mayor in all the wards, to be notified in writing of his election; but if it shall appear that no person shall have If no election, been elected, or if the person elected shall refuse to accept the office, the said board shall issue their warrants for another election; and in case of a vacancy in the office of mayor, by death or otherwise, it shall be filled for the remainder of the term by a new election, in the manner heretofore provided for, in the choice of said mayor; and in the meantime the president pro tempore of the board of aldermen shall perform the duties of mayor. The oath prescribed by this act shall be administered to the mayor by the city clerk or any justice of the peace in said city. The aldermen and common councilmen elect, shall, on the second Monday of March, at ten o'clock in the forenoon, meet in convention, when the oath required by the second section of this act shall be administered to the members of the two boards present, by the mayor or any justice of the peace, and thereupon the two boards shall separate, and the board of common council shall be organized by the election of a president and clerk. SECT. 3. This act shall take effect when approved. Approved March 6, 1893. may order another. Vacancy to be filled by new election. Meeting of aldermen and councilmen elect. Oath of office. Election of presi dent and clerk of council. CHAP. 314 Corporators. Chapter 314. An Act to incorporate the Shirley Dam Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Lewis F. Stratton, Frank Gilman, William Engel, Levi C. Flint and John H. Eveleth, their associates and assigns, are hereby incorporated under the name of the Corporate name. Shirley Dam Company, with all the powers and privileges of similar corporations. Authorized to build dams, etc. -may take lands. Damages, how ascertained. Damage for flowage, remedy for. Tolls fixed. of tolls. SECT. 2. The said corporation is authorized to build dams, side dams, remove rocks, and make other improvements, in so much of Piscataquis river, its branches and tributaries, as are in the towns of Shirley and Blanchard, in the county of Piscataquis, to facilitate the driving of logs and lumber down the same, and for this purpose, the said corporation may take land and materials necessary to build such dams and make such improvements, and may flow contiguous lands so far as necessary to raise suitable heads of water; and if the parties cannot agree upon the damages, the corporation shall pay the proprietors of the land and materials so taken, such damages shall be ascertained and determined by the county commissioners for the county of Piscataquis, in the same manner and under the same conditions and limitations as are by law provided in the case of damage by laying out public highways; and for the damage occasioned by flowing land, the said corporation shall not be liable to an action at common law, but the person injured may have a remedy by a complaint for flowing, in which the same proceedings shall be had as when a complaint is made under a statute of this state for flowing lands occasioned by raising a head of water for the working of mills. SECT. 3. The said corporation may demand and receive a toll for the passage of logs over their said dams and improvements, of twenty-five cents for each thousand feet, board measure, woods scale, except for the logs put into said waters below the south line of the town of Shirley, the toll on which, shall be fifteen cents for each thousand feet, board measure, Lien for payment woods scale; and said corporation shall have a lien upon all logs which may pass over any of its said dams and improvements for the payment of said tolls, but the logs of each particular mark shall be holden only for the tolls of such sold. mark, and unless such toll is paid within twenty days after CHAP. 315 such logs, or a major part of them, shall arrive at the Penob- Logs may be scot boom, or place of manufacture, said corporation may seize said logs, and sell at public auction so many thereof as shall be necessary to pay such toll and costs and charges; notice of the time and place of such sale, ten days before such sale, being first given in some newspaper printed in paid. Bangor; and when the said corporation shall, from tolls, be Cost of dam, how reimbursed for its expenditures and eight per cent interest thereon, the tolls shall cease. SECT. 4. This act shall take effect when approved. Approved March 6, 1883. Chapter 315. An Act to authorize the town of Old Orchard to loan its credit. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The town of Old Orchard is hereby authorized to loan its credit to an amount not exceeding ten thousand dollars, for the purpose of making the improvements named in sections four and five of the act entitled "An Act to incorporate the town of Old Orchard," approved February twenty, eighteen hundred and eighty-three. notes or bonds. SECT. 2. Said loan may be by the notes or bonds of said Loan may be by town of Old Orchard, signed in its behalf by the selectmen thereof, and countersigned by its treasurer, and may be upon such time and rate of interest as the town, at a legal meeting, shall determine. Such loan shall be a lien upon the taxable -shall be lien on property situated within the limits described in section four and five of said act of incorporation, and shall be paid by a separate tax assessed upon the polls and estates within said. limits. SECT. 3. This act shall take effect when approved. Approved March 7, 1883. property of town. |