26 ceed to take any land or other property on said town27 ship number six in the eleventh range, the members 28 thereof shall make, execute and file with the county 29 commissioners for the county of Piscataquis, for the use 30 of the proprietor or proprietors of said land or other 31 property to be taken, a good and sufficient bond with 32 good and sufficient sureties, in the penal sum of twenty 33 thousand dollars, conditioned that such corporation shall 34 pay on demand such sum as shall be ascertained and 35 adjudged against the same under the provisions of this 36 act as the amount of damages to which said proprie37 tor or proprietors may be entitled to receive for said 38 land or other property: provided said proprietor or 39 proprietors shall on or before the first day of October 40 next file with the said county commissioners a written 41 request for said bond, with the name or names of the 42 proprietor or proprietors whose land or other property 43 is to be taken, or to whom said bond is to be given. SEC. 4. That there may be a sufficient depth of 2 water in said sluiceway for the passage of lumber 3 therein, said corporation are hereby empowered to take 4 the dam now erected on Allegash stream, in township 5 number seven, in the thirteenth range, with the land 6 on which the same is situate. And if the parties can7 not agree upon the price, the owner may have the 8 same remedy for his damages on application to the 9 county commissioners for the county of Piscataquis as 10 is provided in the second section of this act, and shall 11 pay therefor the expenses and cost of its construction. 12 And said corporation are empowered to flow the con13 tiguous lands as far as may be necessary to accomplish 14 their object, paying the owners damage therefor; and 15 if the parties cannot agree upon the amount of dam16 ages, the said corporation shall not be liable to any 17 action at common law for the same; but any person 18 injured may have a remedy by a complaint for flowing, 19 in which the same proceeding shall be had, as where a 20 complaint is made under a statute of this State for 21 flowing lands occasioned by the raising of a head of 22 water necessary for the working of mills. SEC. 5. It shall be the duty of said corporation, to 2 keep and maintain said sluiceway and dam, so as to 3 afford at all proper seasons a safe and commodious 4 passage for all logs and other timber through the 5 same and said sluiceway shall be open and free for 6 the use of the public generally without the payment 7 of tolls. SEC. 6. Any individual or individuals authorized by 2 the land agent of this State may make such improve3 ments and construct all necessary machinery and 4 gates on said dam and use the same for the transpor5 tation of logs and lumber from the lakes and streams 6 north and east of said dam into the Chamberlin lake 7 and waters south and west of said dam; subject at 8 all times to the control and regulation of the Legisla9 ture. SEC. 7. Provided nevertheless, that if Rufus Dwinel 2 and associates, or others, shall be authorized and re3 ceive a charter during the present session of the legis4 lature to provide and establish an ample and sufficient 5 passage-way for the transit of lumber between said 6 lake Telos and Webster pond; and said Rufus Dwi7 nel and associates, or others, if authorized as afore8 said, shall accept their authority and charter aforesaid 9 and organize and act under the same so that said 10 company shall provide an ample passage-way for the 11 transit of lumber between said lake Telos and Web12 ster pond on or before the first day of October next; 13 then and in such case all the powers granted by this 14 act shall cease and terminate. SEC. 8. The legislature reserves to itself the right 2 to alter, amend or repeal this charter at pleasure. STATE OF MAINE. HOUSE OF REPRESENTATIVES, Ordered, That 350 copies of the foregoing Bill, reported from the Committee on Interior Waters, be printed for the use of the Legislature. SAMUEL BELCHER, Clerk. TWENTY-SIXTH LEGISLATURE. No. 33. STATE OF MAINE. HOUSE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. AN ACT for the appointment of district attorneys. Be it enacted by the Senate and House of Represent atives in Legislature assembled, as follows: SECTION 1. Grand juries shall not be selected for 2 or required to attend the Supreme Judicial Court in 3 any county in this State; and the grand juries attend4 ing the district court in the several counties, in addition 5 to their present duties, shall find and return into said 6 court, indictments against all persons for all crimes and 7 offenses which now are or may hereafter be made cog8 nizable by the supreme judicial court. And said dis9 trict court shall have the same power to issue all 10 necessary processes to compel the attendance of wit11 nesses and for the arrest of persons charged with 12 offenses cognizable by the supreme judicial court, as Wm. T. Johnson, Printer to the State. |