CHAP. 67 tions. of the city property; and no money shall be paid from the treasury unless the same be appropriated by the city council, appropriaand upon a warrant signed by the mayor, which warrant shall state the appropriation under which the same is drawn. Provided, however, that the city council may, by ordinance, create proviso. a fund consisting of the unexpended balance of all appropriations remaining at the end of each municipal year, and may by such ordinance, define the purposes of such fund, and warrants drawn thereon by the mayor for such purpose shall be valid. The subordinate officers and agents of the city, elected or appointed as provided for in this section, shall enter upon the discharge of their official duties on the first day of April, or as soon thereafter as may be, except in cases of elections to fill vacancies. Officers elected to fill vacancies shall enter immediately upon their official duties. The city council may, ex- -city council cept as in this charter otherwise provided, by ordinance pro- salaries. vide a specific salary for any or all city officers and may further provide that any officer whose salary is so specified shall account for and pay over to the city for its use all statutory fees received by him by virtue of his official position.' may specify act shall take Section 2. Provided that if written petitions signed by when this twenty-five per cent. of the qualified voters of the city of Au- effect. gusta, drawn, executed and verified as provided in the constitutional amendment relating to the initiative and referendum requesting that this act be submitted to the people of Augusta be filed in the office of the clerk of said city within ninety days after the recess of this legislature, this act shall not take effect until it has been adopted by the legal voters of the city of Augusta at a general election or a special election called for that purpose. Approved March 2, 1911. Chapter 67. An Act to incorporate the Town of Merrill. Be it enacted by the People of the State of Maine, as follows: Section 1. Township number six, range four, west from the east line of the state, in the county of Aroostook, and known as Merrill plantation, is hereby incorporated into a town by the name of Merrill, and the inhabitants of said town are hereby vested with all the powers, privileges, immunities and liabilities of other towns. CHAP. 68 Justice of peace may issue warrant for town meeting. Town shall take effects and assume obligations. Paupers. Section 2. Any justice of the peace within the county of Aroostook is hereby empowered to issue his warrant to some inhabitant of said town, directing him to notify the inhabitants thereof to meet at such time and place as he shall appoint, to choose such officers as other towns are empowered to choose at their annual town meeting. Section 3. The town hereby created shall take the effects belonging to Merrill plantation, and shall also assume all the obligations of said plantation. Section 4. And persons hereafter becoming chargeable as paupers within the limits of said town shall be chargeable to said town of Merrill, excepting those who are now state paupers. Approved March 4, 1911. Charter extended. -exception. Rights, powers and privileges. May use steam for motive power. Chapter 68. An Act relating to the Mount Desert Transit Company. Be it enacted by the People of the State of Maine, as follows: Section 1. The charter of the Mount Desert Transit Company, granted under the provisions of chapter fifty-three of the revised statutes, together with all rights, powers and privileges possessed by said corporation by virtue of its charter. and all rights, powers and privileges granted by this act, are hereby extended in full force until the first day of August, nineteen hundred and thirteen, at which date the corporate existence and powers of said corporation shall cease except as provided by section seventy-seven and seventy-eight of chapter forty-seven of the revised statutes, unless the same shall be continued by the performance before that date of the conditions specified by section ten of chapter fifty-three of the revised statutes. Section 2. Said corporation shall have and possess all rights, powers and privileges granted to railroad corporations, either expressly or by reference, under the provisions of said. chapter fifty-three and amendments thereof, and also all the rights, powers and privileges granted to it by chapter sixty of the private and special laws of nineteen hundred and seven, and in addition thereto shall have and possess the rights, powers and privileges enumerated in the following sections. Section 3. Said The Mount Desert Transit Company shall be and is hereby authorized and empowered to use steam as a motive power for its locomotives, engines, trains and cars, in connection with or in addition to the motive power specified in said chapter fifty-three. CHAP. 69 with other -may sell or lease its Section 4. Said The Mount Desert Transit Company is May connect hereby authorized and empowered to connect its railroad with railroads. the railroad of any other corporation which may now or hereafter own or operate a line of railroad wholly or partly in Hancock county, Maine, and any such other railroad corporation is hereby authorized to connect its railroad with the railroad of The Mount Desert Transit Company upon any terms and conditions mutually agreed upon and not prohibited by the laws of the state of Maine; and The Mount Desert Transit Company is hereby authorized to sell or lease its prop- property and erty and franchises to any such connecting railroad corporation, or to any railroad corporation leasing or operating any connecting railroad; and any such connecting railroad corporation is hereby authorized to acquire by purchase, lease or otherwise the property and franchises of said The Mount Desert Transit Company, and also to acquire, hold and possess the stocks, bonds and securities of said The Mount Desert Transit Company. franchises. Approved March 4, 1911. Chapter 69. An Act to incorporate the Westfield Water Company. Be it enacted by the People of the State of Maine, as follows: -corporate name and Section 1. Enoch B. Briggs, Rue T. Snow, Lincoln R. Sin- Corporators. clair, with such parties as they may vote to associate with them, and their successors, are incorporated in a body politic by the name of the Westfield Water Company, for the purpose of conveying to and supplying the town of Westfield in Aroostook purposes. county and village of said Westfield, with pure water for domestic and municipal purposes, the extinguishment of fires, and for manufacturing. May hold property. necessary detain water. Section 2. Said corporation for said purposes may hold all such real estate and personal property as may be necessary or convenient therefor. Section 3. Said corporation is hereby authorized, for the May take and purposes aforesaid, to take, detain and use the waters of any ponds or streams in said town of Westfield, and is also authorized to erect and maintain dams, stand pipes and reservoirs, and lay down and maintain pipes and aqueducts necessary for lay pipes the proper accumulating, conducting, discharging, distributing ducts. and aque CHAP. 69 take and hold lands. Shall be liable for damages and disposing of water; and said corporation may take and hold by purchase or condemnation any lands or real estate necessary therefor, and may excavate through any lands necessary for such purposes. Section 4. Said corporation shall be held liable to pay all damages that shall be sustained by any person by the taking the taking of of any land or other property, or by flowing or by excavating occasioned by lands, or by flowage. Capital stock. May lay pipes, etc., under restrictions of selectmen. May enter into contracts for supplying water. May declare dividends six per cent per annum. through the same, the same to be taken and the damages assessed therefor in the manner provided for taking lands for steam railroads, so far as the same is applicable. Section 5. The capital stock of said corporation shall be twenty-five thousand dollars, which may be from time to time increased by vote of said corporation not to exceed one hundred thousand dollars, and shall be divided into shares of one hundred dollars each. Section 6. Said corporation is hereby authorized to lay in and through the streets and ways in said town of Westfield, and to take up, replace and repair all such pipes, aqueducts and fixtures as may be necessary for carrying out its purposes, the same to be done under such reasonable restrictions as the selectmen of said town may impose. Section 7. Said corporation is hereby authorized to make contracts with corporations and inhabitants of said town and with said town, for the purpose of supplying water as contemplated in this act; and the municipal officers of said town are hereby authorized to enter into contracts for a term of years with said company for the supply of water for municipal and fire purposes and for such exemption from public burden as they and said company may agree, which when made shall be legal and binding upon all parties thereto. Section 8. Said corporation may declare dividends on its not exceeding capital stock not to exceed six per cent per annum, and if the net receipts of said company after the paying of all fixed charges, expenses and repairs, and depreciation, exceeds said amount, such surplus shall be applied to reduction of water rates, or expenses of its pipes and service. May cross, but not impair use of sewers. Section 9. Said corporation shall have the right to cross any public or private sewer, or to change the direction thereof when necessary, but not to impair the use of the same. Whenever the company shall lay down any pipes in any streets, or -shall not make any alterations or repairs in any highway, it shall cause the same to be done with as little obstruction to public travel as may be practicable and without unnecessary delay restore said highway to its original condition. obstruct public travel. CHAP. 69 Penalty for property or water supply. Section 10. Any person who shall wilfully injure any of the property of said corporation, or shall corrupt the waters which injuring are the source of supply furnished by said corporation, or any corrupting tributaries thereof, in any manner whatever, or render them impure, whether the same be frozen or not; or shall wilfully destroy or injure any dam, reservoir, pipe, hydrant or other thing used in transmitting and supplying water, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not more than two years, and shall be liable to said corporation for three times the actual damage, to be recovered in an action of debt. Section 11. Said corporation may from time to time issue bonds for the construction of its works, upon such rates and time as it may deem expedient, and secure the same by mortgages on its franchises and property then owned or thereafter by it to be acquired. May issue bonds and mortgage property. how called. Section 12. The first meeting of said corporation may be First meeting, called by a written notice thereof signed by any of the corporators (herein named, served upon each corporator) by giving the same to him in hand, or by mailing to him postage prepaid, seven days at least before the date of said meeting. Section 13. At any time after five years from the date of the approval of this act the town of Westfield, or any village corporation within the limits of said town of Westfield, if its inhabitants shall so vote, by a two-thirds vote, at a legal meeting called therefor, shall have the right to purchase the system of water works constructed by said company in said town for supplying said town and the village of said Westfield and the inhabitants thereof, together with the franchises of this company relating thereto, at a price to be agreed upon between said company and said town or village corporation; and if such price cannot be agreed upon, then at a price, which shall be determined by a commission of three competent and disinterested men, one of whom shall be selected by said company, one by said town of Westfield, or by said village corporation, and the third by the two so selected if they can agree, if not, then by the chief justice of the supreme judicial court of Maine. The award of said commissioners, not less than cost, shall be binding upon said company and said town, or village corporation; and said town or village corporation shall pay the amount of said award for said system of water works and franchises within ninety days from the date when such award shall be rendered. The costs of said commission shall be borne equally by the said company and said town or village corporation. Approved March 4, 1911. Water works taken over years. subject to be after five |