CHAP. 391 Delinquent collectors, proceedings in case of. SECT. 4. Whenever for the period of sixty days after the time fixed for the payment of this tax, there shall be any delinquency to pay the same on the part of the collector of any city, town or plantation, it shall be the duty of the treasurer of the state to issue his warrant for enforcing the collection of the same against such collector. The warrant shall be directed to the sheriff, or his deputies, of the appropriate county, and made in accordance with the laws already existing on that subject, except that it shall be returned in ninety days from its date, and in addition to the Interest and cost, tax itself, it shall require the officer to collect interest thereon at Warrant, howdirected. how paid. Delinquent towns precluded from drawing school fund. the rate of six per centum yearly, from the day when the tax became payable, with fifty cents more for the warrant and lawful fees of such sheriff or deputies arising thereon. SECT. 5. When any state tax assessed upon any city or town remains unpaid, such city or town is precluded from drawing from the state treasury the school funds set apart from such city or town, so long as such tax remains unpaid. SECT. 6. This act shall take effect when approved. Approved February 9, 1877. Ch. 273, special laws 1873, amended. Toll established. Lien created for payment of. -how enforced. Chapter 391. An act to amend an act entitled, "an act to incorporate the Franklin Land and Lumber Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Chapter two hundred and seventy-three, private and special laws of the year eighteen hundred and seventythree, is hereby amended, by adding thereto the following sections: 'SECT. 7. A toll of thirty cents is hereby granted for each thousand feet, board measure, woods scale, upon all logs and lumber which may pass over or through the improvements of the Franklin Land and Lumber Company, made and to be made on the Carrabasset river, and a lien is hereby created upon such logs and lumber, for the payment of the toll; but the logs of each particular mark shall be holden to pay the toll of such mark only, and if the toll is not paid within sixty days after such logs and lumber, or a major part thereof, shall arrive at the Kennebec river, the said corporation, its successors or assigns, may sell at public auction so much of said logs and lumber as may be necessary to pay such tolls and all charges, first giving ten days' notice CHAP. 392 of the time and place of the sale in the state paper; provided, Proviso. however, that no tolls shall be collected if said dams become unfit for use from want of reasonable repair.' reduced. 'SECT. 8. Said corporation may, in any year, reduce the Toll may be toll upon some logs driven from particular points on said river, according to the circumstances and justice of the case.' 'SECT. 9. When said corporation, its successors or assigns, shall have been reimbursed, by tolls, for all the costs and expenses of their works and repairs, with ten per centum annual interest thereon, then the tolls shall be reduced to a sum sufficient to keep them in repair, and the amount of such toll shall then be determined by the county commissioners of Franklin county.' SECT. 2. This act shall take effect when approved. When reimbursed for all expenses, &c, toll shall be reduced. Chapter 392. An act to authorize Fred C. Barker to navigate Mooselocmeguntic and Cupsuptic lakes, in Oxford county, by steam. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Fred C. Barker, his associates and assigns, are hereby authorized and vested with exclusive right, against all persons, of employing and navigating every kind of boat or water craft propelled by steam, as common carriers, on all the waters of the Mooselocmeguntic and Cupsuptic lakes and intervening waters, in Oxford county, for five years, with the right to navigate said waters to all points where sportsmen or tourists desire to travel, and to run from Indian rock, so called, lying between Mooselocmeguntic and Rangely lakes, to Trout cove, near the upper dam, on the Androscoggin river. Fred C. Barker authorized to waters by steam, and associates navigate certain and liabilities. SECT. 2. It shall be the duty of said Barker, his asso- Duties, rights ciates and assigns, to furnish adequate and reasonable accommodations for the ordinary travel over said lakes, and if he shall fail to do so, after reasonable notice, and the travel shall so increase as to require another boat, which he shall not CHAP. 393 supply, the exclusive right aforesaid shall terminate. All Penalty for navigation by other parties. Interference with steamboats used as herein authorized shall be supplied with properly adjusted spark arresters, to prevent the escape of sparks and fire; and for want thereof, said corporator, his associates and assigns, shall be held liable for all damages which may result therefrom, to be recovered in an action of the case; and a lien is created upon any such boat, for the payment of any such damages and costs, to be enforced by attachment, made within sixty days after the damages accrue ; such attachment to have precedence over all other claims. SECT. 3. Any person who shall use or employ, on said lakes, any boat or water craft propelled by steam, as a common carrier, without being authorized by said corporator, his associates and assigns, he shall forfeit not less than fifty dollars and not exceeding two hundred dollars, to be recovered by and for the use of said corporator, his associates and assigns, in an action of debt. SECT. 4. Nothing contained in this act shall authorize any interference with the driving, rafting or booming of any logs upon the lakes or waters aforesaid, or with the erection or maintenance of any booms on the margin thereof, or at the outlet of any stream emptying thereinto. And in case of any such interference, said corporator, his associates and assigns, shall be liable for any damages and costs occasioned thereby, to be enforced in the same manner and with the same lien as provided in section two. SECT. 5. This act shall take effect when approved. Annual election in city of Ells worth, when to be held. Organization of city government, when to be effected. Chapter 393. An act changing the time of the municipal election in the city of Ellsworth. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The annual election for the choice of mayor, aldermen, councilmen, and ward officers, in the city of Ellsworth, shall hereafter be held on the first Monday of March. SECT. 2. The persons elected to the offices named in the first section shall enter upon the duties of their offices on the second Monday of March, and the organization of the new city government shall be effected on the second Monday of CHAP. 394 March, in the manner now provided by law. officers, when to SECT. 3. The city council shall choose all necessary sub- Subordinate ordinate officers on the second Monday of March, in the be chosen. manner now provided by law. to forward copy. SECT. 4. This act shall take effect when approved, and Secretary of state the secretary of state shall forward a copy thereof to the clerk of the city of Ellsworth. Approved February 9, 1877. Chapter 394. An act to enable the city of Bangor to aid the Bangor and Piscataquis Railroad Company in the construction of its railroad from some point in Bangor, to some point in the line of its present road. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: City of Bangor authorized to aid in construction of new line of Ban gor and Piscata quis R. R. Co. SECT. 1. The city of Bangor is hereby authorized to make a further loan of its credit, in scrip, to be hereafter issued to the Bangor and Piscataquis Railroad Company, to aid in the construction of its railroad, on a line hereafter to be located and built, under its charter as at present revised and amended, from some point in Oldtown, or between Oldtown and some point in Foxcroft on the line of its present location, to some point at tide water in the city of Bangor, north of the south line of said city, to an amount not exceeding three hundred amount. thousand dollars, upon its compliance with the following terms and conditions: tions. SECT. 2. If this act shall be accepted, as hereinafter pro- Terms and condivided, and said company shall, within three years of its approval, locate the line of its railroad, and shall, within six years from its approval, complete a railroad from some point at tide water in the city of Bangor to some point in the line of its road in Oldtown, or between Oldtown and some point in Foxcroft, to the satisfaction of the mayor and aldermen of said city of Bangor, as a first-class railroad in good running order, so that cars may pass over the same the whole distance from or near said terminus in Bangor to some point in said Oldtown, or between said Oldtown and some point in Foxcroft in the line of its present road, and shall perform the CHAP. 394 other conditions hereinafter named, then said company shall be entitled to receive the full amount of scrip of three hundred thousand dollars. Said scrip to be delivered, from time to time, as said road shall be so completed, as hereinafter provided. When scrip shall be delivered. -by whom signed. -where and to whom payable. Bond of company to be executed treasurer of Bangor. SECT. 3. When said company shall construct, to the satisfaction of the mayor and aldermen of said city, five miles of its said railroad from said first named point in Bangor towards its said connection with its present road, they shall certify that fact to the treasurer of said city, and said company shall be entitled to receive from him, six thousand dollars of said scrip, per mile, and so on and in like manner, and at that rate for every additional five miles, or fractional part thereof, so constructed, till the whole line from said first named point, to its said point of connection with its present road, shall be so constructed; and when said company shall completely finish, to the satisfaction of said mayor and aldermen, the whole of its said road as a first-class railroad, from said first named point, they shall certify that fact to the treasurer of said city, and said company shall be entitled to receive from him so much of said scrip, per mile, as said company may be entitled to receive at that time, not exceeding said sum of three hundred thousand dollars. All of said scrip authorized to be issued by this act, shall be signed by the city treasurer, and countersigned by the mayor of said city, and shall bear date of the first issue and delivery thereof, and be payable in Boston, to the holder thereof, and be of such denominations as said directors may determine, with coupons for interest attached, at the rate of six per centum per annum, payable semi-annually, on the first day of April and October, in each year; the principal and interest payable in the lawful money of the United States, and the principal payable the first day of April, in the year of our Lord one thousand nine hundred and seven. SECT. 4. Concurrent with each issue and delivery of said and delivered to city scrip, the president and directors of said company, in their official capacity, shall execute and deliver, or cause to be executed and delivered to the treasurer of said city, for said city, the bond of said company, the penal sum in said bond to be double the amount of the scrip authorized to be issued at that time. Said bond shall be made payable to the city of Bangor, and be conditioned that said company will -conditions. |