Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1816-04-09
To the Honou,abs the Senate and Hose Of

To tie Honouyabk the Senate and Hos/s Of
RepyesnfatiUes Of the Commonwealth ef
Ma0acbu/ssts, in General Court dDlmbIfd
at Bolton on the /fcond Weane/day Of Jan.
1ayy, n. d 1916.
,THR iub(crbers inhabitants of Fryeburg, IN the
County of Oxford. respectfully rePreieot, that
The Saco river runs Thirty three -in IN iu eourie,
through faid town that large part OF the land
in faid town are interva'e and meadow aud liable
TO b. annually oveffown thouiauds of acres OF
iaid ntervale aud meadow remain 10 ita.e OF ma
,ure and can never be cleared and cultivated 10
long a. (aid river continues in its prefent channels
fb,t ps,sof laid intervale. which has been hnEerto
cultivat ed, can rarely be planted or Town IN the
(orinQ Of the year, with convenience and iafety
before the FRI of June in confequence OF the wa
Ter remaiuing upon them and rhe products ofthe
cultivated parts of laid intervale thereby lin
tied 10 quantity and value and thofe products are
Fl equentiy injut ed and (ometmes nearly deliroyed
by hummer fehsts To remedy theie evil. and to
render the great hody Of laid inteIvae produc
tive the Inhabitants Of laid town, for q plumber Of
years paft, have contemplated the opening Of new
channel for (sid river. go a. to limit ,ts courie TO
about s;ebssss miles within laid town said new
channel had been partially opened by The WAFER
10 time of freihets and by the Iabours 4 various
indv,duais with view to she completion OF an
OF ject 70 def -aoie and important TO the lohasi-
tsnts of faid town, to obtain what was deemed the
reauiGte authority and 10 provide he means Of
iudenn.ty TO those who might be injured ~ The
opening Of said new channel pe,inoo was gre
tented 10 your Honourable buoy hgned by Rsb<H
bradley, J@spb L6ssdsss and many others for an
act OF Incorporation. conformabs 70 the prayer OF
fAd petition and on the fecond day Of March
an, N act was pafTed Incorporating Rsj~s C6as
als, and others ~ the name Of The Propriesoss
OF the Fryeburg Canal which act is deemed ef
fentiay defecrive and calculated odefeat the Oh
ject Of ho(e who petioned therefore; inasmuch
~ the individuals competing isd corp alton are
made liable in their isd'vissai as vel ~ corpo-
rate capacity, to make good all damages fuftained
by any perion or pefions in consequence OF open
ing fad new chaorel, esdsbs real sasfs holden BY
,h. individual members Of faid corporation whe,h
er 10 common or feveraI.y is aIfo made lutjsct 20
be taken aud iet off on execution TO reipond any
damages which may be recovered by any individ
ua by reafou Of opening faid new channel !: there
by attaching perpetual aud ;odefnite incum
branee to the real eitzte of every member of sad
corporation a. there Is no period preicribed BY
lAd ad, when Cams aeainif he members aud the
hen UPON their real eta es lhal ceafe and the
mode prefcsibed by laid A0 for deter mining quef
lions Of damages claimed by individuals ssainn
laid corporat on 10 no deemed Snnecefarily burth
eniome and exPeniive; and on the ether baud he
laid sd does not contain hnge prov,hon yelling
,aid corporation with ary immun'ries privileges
OF powers except the right Of srsanixnx them.
elves, aud opening fzid Lew channel at sb<s svs
s.pesss. Wherefore your per,ioners humbiy pray
ne Hon Leg failure 10 10 amend faid act aud TO
make .uch tur he. provi6cn by aw relative to the
sme that the laid corporation may be authorized
I'D allowed to pu'chsle and TO hold ard improve
or their beIe6t any eat eitAte adjoining (aid
Jew channs and river within faid town aod alto
o cree, and improve al such mills and other works
selecu - they may deem sspedient and that the
tme may be deGoed and Lmued by law, when oil
aim for damages agsint faid cor poration which
may e iuAaiosd by incividuaL in conlsquence Of
opening laid nsw channel - well AgAiuR the
evera, members hereof and their effales lhaii be
barred and csaie; tina, Randine c, mmitee may
ee appointed to sPp,s'ie Of damage. GAINED ~
nd.v,duals agsi1ti laid corporation: aud thar The
several membe,s of isid corporation may be su
ihorited to have ano maintain action If contribu
ton agaua he other members thereof 10 indem
lily ,hemelves for such damages add cofis - they
fha'i have been fubjeesd o in coulequenceo Of the
Paymen, OF e1ecu,ions which may be recovered
sga,nia said corpor alton.
JOSEPH CHANDLER
ssd sbh.yEx ssbHs
F'yeburg Jan, IS 1876.