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14 or canals to connect the navigable parts of said river, 15 or (in case it should be deemed the preferable mode 16 of improvement) any rail road for the like purpose.
Sec. 2. They are authorized to take and hold so 2 much land along the bank and shore of said river 3 or in the bed thereof as may be necessary for the lo4 cation, construction and repair of their aforesaid im*5 provements, and to take and use the gravel, stone and 6 earth upon the land so taken-and the damages for 7 the real estate so taken when not agreed upon by the 8 parties, shall be ascertained and determined by the 9 County Commissioners of Penobscot County, under 10 the same limitations and restrictions as are by law 11 provided in case of damage by laying out highways, 12 and the damage for flowage created by any dam erec13 ted for the above specified purpose, shall be ascer14 tained and determined in the same manner as pro15 vided in the one hundred and twenty-sixth chapter of 16 the Revised Statutes, for fowage created by mill 17 dams-Provided, that no claims for damage shall be 18 sustained unless made and prosecuted within two 19 years from the time of the alleged injury.
Sec. 3. The above grant is upon the condition, 2 that the said William Moor and Daniel Moor, jr., 3 their associates, and assigns, shall within five years
4 from the date hereof, improve the navigation of said 5 river from Oldtown to Piscataquis Falls, and from 6 Piscataquis Falls to the foot of the Five Island rips, 7 and shall build and run over said route a steamboat, 8 and shall within said five years, or within a reasonable 9 time afterwards, build a canal and lock round said 10 falls, or a railroad to connect the route above with the 11 route below said falls.
Sec. 4. If said William Moor and Daniel Moor, 2 jr., their associates and assigns shall perform the 3 conditions of this grant as contained in the last 4 preceding section, the sole right of navigating said 5 river by boats propelled by steam, from said Oldtown 6 as far up as they shall render the same navigable, is 7 hereby granted to them for the term of twenty-five years
from and after the completion of the improve9 ment, as provided in the third section of this act, pro10 vided, however, that the said William Moor and Dan11 iel Moor, jr., their associates and assigns, in the exer12 cise of said right of navigation, or in the erection of 13 works they may make to promote the same, shall not 14 obstruct the running of any logs, rafts or lumber 15 down said river, which are usually driven or floated 16 therein.
Sec. 5. The said William Moor and Daniel Moor,
2 jr., their associates and assigns, are hereby created
body corporate, by the name of the Penobscoi * River Navigation Company, with the powers inci5 dent to corporations described and defined in the 6 seventy-sixth chapter of the Revised Statutes, and at 7 common law, provided that they shall at any time 8 during the continuance of the above grant, elect by 9 the vote of a majority in interest, and proceed to or10 ganise under and according to the provisions of said 11 chapter of the Revised Statutes; and if they shall so 12 organise, they shall not be subject to the operation 13 of the twenty-third section of said seventy-sixth chap14 ter of the Revised Statutes.
STITE OF MAINE.
HOUSE OF REPRESENTATIVES,
July 2, 1846. Ordered, That 350 copies of this bill, reported by the Committee on Interior Waters, be printed for the use of the Legislature.
SAMUEL BELCHER, Clerk.
STATE OF MAINE.
IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND
AN ACT to incorporate the Mousam Navigation Com
Be it enacted by the Senate and House of Represent2 atives in Legislature assembled, as follows:
Section 1. Daniel Remich, William B. Sewall, 2 William Lord, Jabez Smith, Barnabas Palmer, James 3 Osborn, John Osborn, William Hacket, Joseph Tit4 comb and Wm. F. Lord, their associates, success5 ors and assigns, are hereby constituted a body politic 6 and corporate by the name of the Mousam Navigation 7 Company, and by that name shall have all the powers, 8 privileges and immunities which are or may be neces9 sary to carry into effect the objects and purposes of 10 their association as herein set forth, and subject to 11 such liabilities and restrictions as are incident by law 12 to similar corporations, except as herein after express
W'W'T Johnson, Printer to the State.
13 ed, and said corporation is hereby authorized to buid 14 a dam across the present river or canal, so called, as 15 it now runs, at any place between the mouth thereof 16 and the head of tide water, and to turn the present 17 course of said river so that it may run into the sea at 18 any place between the present mouth of the river and 19 its mouth as it formerly run; to cut off any bends at 20 any point on said river, or to straighten it in any part 21 thereof; and to build any other dam or dams or raise 22 any embankments on the present river which may
be 23 deemed necessary to promote the objects authorized 24 by this act; to build wharves, piers, monuments, 25 buoys, or any other necessary fixtures at such points 26 as said corporation may consider expedient; and for 27 this purpose the said corporation shall have the right 28 to take and hold so much of the land or other real 29 estate of private persons, as may be necessary for the 30 improvements contemplated and provided for by this 31 act.
And in case the corporation cannot agree with 32 the owners of the estate thus taken, they shall pay 33 such damages as shall be ascertained and assessed by 31 the county commissioners for the county of York. 35 And no application to said commissioners to estimate 36 said damages shall be sustained, unless made within 37 three years from the time of taking such land or es38 tate.