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first meeting.

SECT. 10. Be it further enacted, That any two of the Manner of calling persons herein named, are authorized to call the first meet. ing by posting up advertisements in two or more public places in said Town of Monmouth ten days prior to said meeting. And no policy shall be issued by said Company until application shall be made for insurance on twenty five thousand dollars at least.

Chapter 126.

AN ACT to incorporate the Readfield, Winthrop, and Cobbossee Contes
Canal and Rail Road Company.

Approved March 18, 1836.

Names of Corpo

SECT. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That Stephen Sewall, Thomas Newman, Gustavus A. Benson, Elijah Wood, rators. Oaks Howard, Joseph Additon, Peleg Benson Jr., Daniel Carr, Samuel Benjamin, Samuel P. Benson, David Stanley, Cyrus Knapp, Samuel Chandler, John Fairbanks, Nathan Foster, Jonathan Whiting, Moses White, Francis Fuller 2d, Horace Parlin, James B. Fillebrown, Wadsworth Foster, Oliver Foster, Lloyd Thomas, Columbus Fairbanks, Joseph A. Metcalf, John Lovering, Truxton Wood, Francis Perley, Robert H. Gardiner, Parker Sheldon, Richard Clay, Henry B. Hoskins, John S. Mitchell, Ansel Clark, Ebenezer F. Deane, Edward Swan, Enoch Marshall, Ivory Nudd, Michael Woodward, Henry Bowman, William Bradstreet, John Hazeltine, Jonathan G. Huntoon, Edward Fuller, Oliver Bean, William Vance, David F. Sampson, Jere. Page, James R. Bachelder, David H. Foster, Dudley Moody, John Smith, James Fillebrown Jr., Moses Whittier, Thomas Pierce, their associates, successors and assigns be, and hereby are constituted a body politic and corporate, by the name of the Readfield, Winthrop, and Cobbossee Contee Canal and Rail Road Company, with power to make such by laws for the regulation of their affairs, not repugnant to the laws of this State, as

Corporate name.

they from time to time may deem expedient, and to establish and fix such penalties and forfeitures for the breach thereof as shall be just and reasonable, not exceeding ten dollars for any one offence, and to sue for and prosecute the same in an action of debt to the use of said Company before any Justice of the Peace for the County in which the offence shall have been committed; and generally, to Powers and privi- have and enjoy all the powers, privileges and immunities, and subject to all the liabilities incident to similar Corporations, and especially, as created by an Act entitled "an Act concerning Corporations," passed the sixteenth day of February in the year of our Lord one thousand eight hundred and thirty six.

leges.

Powers, &c.

May lay out and

canal, &c.

SECT. 2. Be it further enacted, That the said Company are authorized and empowered to make, construct and maintain a Canal or Rail Road or Canal and Rail Road from Readfield through or near Winthrop Village to the Lakes or Ponds adjacent thereto, and connecting by Canals or Rail Roads the Lakes or Ponds in the route with the Cobbossee Contee River, and also said River with the Kennebec River at Gardiner, and to render said Lakes, Ponds and Streams, or any part or parts thereof navigable for boats and other floating substances, and to erect, construct and maintain such dams, locks, piers, tow paths, reservoirs, aqueducts, feeders, culverts, wasteways, basins, embankments, bridges, channels, and such other works as they shall deem necessary and proper for facilitating the transportation of lumber, merchandize and other commodities to, and from Readfield and Winthrop and the neighboring towns and the Kennebec River.

SECT. 3. Be it further enacted, That said Company are authorized and empowered to lay out and locate a route locate a route for for such Canal or Rail Road, with tow paths, sites for basins, wharves, piers, rivers, dams, locks, reservoirs, embankments, lands from whence to take stone and gravel for said works and such other things and works as they Rail road or tow- may deem, necessary as aforesaid; such Rail Road or tow Ceel four rods in path not to exceed four rods in width; and for the lands

paths not to ex

width

taken for the uses and purposes aforesaid, said Company
shall be liable, and bound to make compensation to the
owner or owners thereof in the same manner as is provided
in the Act entitled "an Act defining certain rights and duties
of Rail Road Corporations," passed the first day of March,
in the year of our Lord one thousand eight hundred and Proviso.
thirty six, Provided, That the waters of Winthrop North,
or Chandler's Mill Pond shall not be taken to the injury
of any mills or privileges between said Pond and Winthrop
South Pond, except with the free consent of the owners
thereof to said Company.

rates of toll.

ileges.

SECT. 4. Be it further enacted, That said Company May establish are authorized and empowered to establish such rates of toll on and for their Canal or Rail Road or Canal and Rail Road as they may deem just and proper, and to erect such Toll Houses, and appoint such toll gatherers as they may deem necessary; to erect and maintain such ware- Powers and privhouses, wharves and lumber yards for the safe keeping of lumber, or other commodities transported, or to be transported thereon, and to have and retain a lien on any boat, carriage or commodity for the tolls due thereon, with power to sell so much thereof as may be necessary to pay such tolls, with incidental expenses, unless the same shall be paid within thirty days from the transportation thereof, or such tolls and incidental expenses may be recovered of the owner thereof, by an action of debt before any Court of competent jurisdiction. And any person, or persons conforming to the regulations of said Company and paying the tolls by them established, shall have full right to pass over and upon, and to use the Canal or Rail Road and other works of said Company. SECT. 5. Be it further enacted, That if any person Penalty for per shall wilfully or maliciously obstruct the passage of any the passage of boat, or other floating substance on said Canal, or any car, or carriage on said Rail Road, or in any way injure or destroy said Canal or Rail Road, or any part thereof, or any thing belonging thereto, or any material or implement to be employed in the construction, or for the use of said

Persons conformtions, have right

ing to the regula

to pass.

sons obstructing

boats and cars.

over highways,

Canal or Rail Road; he, she, or they, or any person, or persons, assisting, aiding, or abetting, such trespass, shall forfeit and pay treble damages for every such offence, to be sued for by such officer or person as said Company shall appoint, to the use of the Corporation, and prosecuted to final judgment before any Court of competent jurisdiction. And such offender or offenders shall be liable to indictment by any Grand Jury of the County within which such offence or offences shall have been committed; and on conviction thereof before any Court competent to try the same, shall pay a fine not exceeding one hundred dollars to the use of the State, or be imprisoned for a term not exceeding one year, either, or both at the discretion of the Court before whom such conviction may be had.

SECT. 6. Be it further enacted, That said Company shall To build bridges build and keep in good repair, safe and convenient bridges over their Canal, whenever the same shall be constructed across any highway or townway so as not to impede the safe and convenient use of such road.

&c.

000.

SECT. 7. Be it further enacted, That the Capital Stock Capital stock not of said Company shall consist of such sum as shall be from to exceed $200,- time to time determined on by said Company, not exceeding two hundred thousand dollars, which shall be divided into shares of fifty dollars each, and may be vested in such real or personal estate as said Company may deem Shares consider expedient: and the said shares shall be deemed personal property, and be transferable in such manner as the by laws shall direct. And said Company may raise such sums of money as they may judge necessary, by equal assessments on said shares, and may establish such uniform mode for the sale of shares for the nonpayment of assessments as they may judge expedient.

ed personal estates.

SECT. 8. Be it further enacted, That the regular meetMeetings of the ings of said Company shall be holden at such times and at such times as places, and be notified in such manner as the by laws of by laws prescribe. said Company may prescribe; at which meetings of said

Company to be

Company such officers and agents shall be appointed and chosen, and who shall have such powers, and perform such

for each member.

duties as such by-laws shall provide. And at all meetings. of said Company each stockholder shall be entitled to as Number of votes many votes as he holds shares, and may by writing under his hand, depute any other person to vote and act for him, as his proxy. And all special meetings of said Company shall be called and notified in such manner, and by such officer as shall be provided for in the by-laws of said Com

pany.

and regulations,

and exposed to

SECT. 9. Be it further enacted, That the rates of toll, Rates of toll, rules the rules and regulations to be observed by those who &c. to be printed shall pass over and upon, or use the said Canal or Rail view. Road, or other works, and the fines and forfeitures for the breach of such rules and regulations as shall be established by said Company shall be printed in a plain, intelligible and durable manner, and kept constantly posted in the most public and conspicuous place in each of their toll houses, ware houses, and at the most public and conspicuous places on the route of said Canal or Rail Road, so far as may be practicable; and no toll, fine, or forfeiture shall be demanded, nor action thereon, or therefor be sustained, until the provisions of this section shall have been complied with.

Chapter 127.

AN ACT to incorporate the Penobscot Mutual Fire Insurance Company.

Approved March 18, 1836.

rators.

SECT. 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That John R. Greenough, Ben- Names of Corpojamin Weed, Samuel Lunt, Benj. Wade, Orin Wardwell, Charles K. Miller, Messenger Fisher, Ford Whitman, John A. French, Asa Sawyer, Jona. Burr, Isaac S. Whitman, Joseph Snow, James Smith, Amos Jones, Samuel True, Stephen Gilman, Warren West, Moses Haskell, George Webb, Otis Small, Jabez True, Noah Fogg, Charles G. Bryant, G. L. Boynton, John Sargent, John Brown, James.

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