TWENTY-SIXTH LEGISLATURE. No. 32. STATE OF MAINE. HOUSE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. AN ACT to incorporate the Lake Telos and Webster Pond Dam and Sluiceway Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECTION 1. William H. Smith, Daniel M. Howard, 2 Warren Brown and Theodore H. Dillingham and their 3 associates and assigns are hereby created a body pol4 itic by the name of Lake Telos and Webster Pond 5 Dam and Sluiceway Company, by which name they 6 may contract, sue and be sued, defend suits at law, 7 have and use a common seal, and change the same 8 at pleasure, make by-laws not repugnant to the laws 9 of this State for the convenient management of their 10 corporate affairs, take and hold any estate, real, per11 sonal or mixed, to an amount not exceeding thirty Wm. T. Johnson, Printer to the State. 12 thousand dollars, and sell or convey or otherwise dis13 pose of the same, and have and enjoy all the rights, 14 powers and privileges necessary to carry into effect 15 the object of this corporation. SEC. 2. The said corporation are hereby authorized 2 and empowered to make, construct and maintain a 3 sluiceway from lake Telos to Webster pond, other4 wise called Penobscot pond, on township number six, 5 in the eleventh range, in the county of Piscataquis, 6 sufficiently wide and deep for the passage of timber and 7 lumber of all kinds, which may be expedited to the pub8 lic market through that channel. And they are author9 ized to erect and maintain any dam or dams on said 10 sluiceway, or any stream or waters which may be con11 nected therewith on said township, which may be nec12 essary to render the transit of lumber more easy and 13 effectual, and to keep open a passage way for all logs 14 or lumber, on the waters between Chamberlin lake 15 and said sluiceway. And they are further authorized to 16 enter upon and take such land, property or material in 17 said township, as they may find it necessary to make 18 said canal or sluiceway, or upon which to locate their 19 dam or dams, and such as may be necessary along the 20 margin of their sluiceway, for the use and accommo21 dation of persons employed in driving lumber through 22 the same. Provided, however, that said corporation 23 shall pay the proprietor or proprietors of said town24 ship number six, for land, property or material so tak25 en and used for their sluiceway and dam or dams, with 26 a necessary and convenient margin, and for keeping 27 an open and free passage on the waters between said 28 Chamberlin lake and said sluiceway, such price as 29 they and said proprietor or proprietors may agree 30 upon. And in case said parties shall not otherwise 31 agree, then said corporation shall pay such damages 32 as shall be ascertained and determined by the County 33 Commissioners for the county of Piscataquis, in the 34 same manner and under the same conditions and lim35 itations as are by law provided in the case of damage 36 by the laying out of public highways; with the same 37 right to either party aggrieved by the doings of said 38 Commissioners, in estimating damages, to have a jury 39 to determine that matter on their petition; unless said 40 party shall agree with the other party in interest to 41 have the same determined by a committee to be ap42 pointed under the direction of said Commissioners. 43 And no application shall be made to said Commission44 ers to estimate damages unless made within two years 45 from the time of taking said land, property and ma46 terials. SEC. 3. And whereas said proprietor or proprietors 2 of said township number six, in the eleventh range, 3 have already cut a sluiceway on said township, from 4 said lake Telos to said Webster pond, which has be5 come to some extent available for the passage of lum6 ber, and the proprietor or proprietors of said town7 ship instead of applying for their damages as provided 8 for, in the second section of this act, may at their 9 election, at any time within two years from the taking 10 of said land, property or materials, apply to said coun11 ty commissioners at any regular term of said court, 12 claiming to be paid the reasonable costs and expenses 13 of making said sluiceway and dam upon said township 14 number six in the eleventh range. And thereupon 15 said court shall issue due notice to said corporation, 16 requiring them to appear before said court, and an17 swer to said complaint. And said corporation shall 18 pay such sum as damages, as shall be ascertained 19 and determined by said county commissioners; and 20 said commissioners shall be governed in making 21 up damages by the reservation in the deed of said 22 township to Lewis Hancock; but if damages are 23 awarded under this section of this act, no further or 24 other damages shall be allowed said proprietor or 25 proprietors. And before said corporation shall pro |
