Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1816-04-16
To Il, Hk II. Senate and uk 10 the Honorable Jyis The Supreme

To the Honourabk the Senate and Houls Of
Rebyejfatatives Of the Comn9n1Veahb q
Ma6Scb1/stts, in General Court aDem6Ifa
at Bstfon on the /econd Wednslaay q jan
nary, n. ID 1916.
'I-HE fubfcribera Inhabitants Of Fiyehurg' IL the
County of Oxford rsipeetfufy fePre'ent tnat
the Saco river runs sbi,ty three mi"' IN i's eou'e
through fzid town that arge part Oh tue iAhu'
in fad town are intervaie ano meadow aoo "Ao'e
to be ssuaaily over flown thouiand' OF acres Oh
laid iotervale and meadow remain 10 itAe Oh ma
ture and can never be cleared and cu'-svateo 10
long a, laid river continues its preient channels
that pa,fof faid n,ervae, which has oeen hiiEerto
cul,iva ed, can rarely be planted or Town 10 the
fprinR Of the year, with convenience ana rarely
before the frff of June in roniequence OF the wa
ter remaining upon them and the Pfodues oithe
cultivated parts of laid intervale are thereoy I'm
tied in quantity and value and thoie Producs are
frequently ioiute ed and fometimes nearly detroyed
BY hummer f.efhsts. To remedy theie ev''' and to
render the great body of iaid intervae p odue
tive. the Inhabitants Of fa'd town, Tor hummer ID
years pan have contemplated the opening Of new
chanuei for iaid river, so ~ 10 limit hs coure ~
about eigb,sss miles within lad town sac new
channel had been partially opened " me w.'et
in time of frefhe,s and by the iabours IT various
individual, with view 10 The completion Of an
otiec, 20 de6raoe and important to the lOhao,-
tam, of fad town, to obtain what was deemed, he
requilt authority, and to provide the means OF
indemnity TO those who might be injured ny the
Opening OF said new chaane, Pes,uon was pre-
tented 10 your Honorable body hgned by Rsbwt
B,ssley To,ssb Lbssd,s, and many Others for an
ac of,uc,spera,ion, eonformaole TO the prayer OF
(ad pe ,tion aud ON the fecond day OF March
iaa, an act was paffed Incorporating H'6''s C1ss
As," and others by the name OF the PfoPnesors
OF the Fsyehurg Canal ! which act 70 deemed Ell
fenaly defective, and calculated todefsat the OBJ
ject Of ihofe who petiiioned therefofei 'na'maeh
az the individuals competing lard corporation are
made liable 10 their iss'vidseI as well a. corPo.
rate CAPACITY to make good all damages obtained
by any perion or perions in consequence OF open
ing (ald a. ~ channel, ssdt6s real stsfs holden by
the individual members Of laid corporation wheih-
er ia common or (everaiy 10 ALTO made fuoJeet 10
be taken aud ie, off on execution to re'pond aey
damage, which may be recovered BY any individ
ia. by realou of opening iaid new channel fhefe-
BY attaching perpetual aud indefinite incum'
brance to the real eftzte Of every member OF said
corporation, a. there is no period pseicribed oy
faid at1, wheu claims sgainit he members and The
lien upon their real elta,es ihzi ceAie Add The
mode preicrioed by laid act for detetmiaiag qusi-
lions Of damages claimed ~ individuals ssAnii
faid corporal on is afo deemed unuscehas,iy curtin
euiome and expen6ve and 90 the other hald the
faid act does not contain a 6ng'e Prov.ioa yelling
said cor poration with any immunIties or privileges
or powers excep, the right OF organising 'hem'
ielve,, and opening fad new channel at Toe" '''"
espe.n. Wherefore your petitioners humoy pr-y
the Hon Lesiiature 70 70 amend lad act and 20
make such iussher provi6on by aw relative to the
fame, thar the said corporation may be authorized
aud allowed to purchafe and 20 hold aud ,mp'oss
for their benefit an real sltate on or adj io'ng iad
new channel and river within faid towo AID alto
to erec and improve all ouch mile and otnet works
thereon a. they may deem sspedient and snAt the
time may be defined aud limited BY law, when eli
claim for damages againis iaid corPorat'oo which
may ne ,uitaned by incividuals in coniequence OF
opening taid new channel we'll a. agalnit the
ievera members thereof and their eita.es ihall be
barred and csale; that landing Committee may
be appointed to sppraife all damages claimed by
individuals agairlt fsd corporation: and that the
several members of fsid corporation may be an
Ihorifed to have and maintsin sctions Of contribu
tion sgsinft the other members thereof 10 indsm
nliy hemfelves Cor such damages and COTS ~ they
lhad have been fuhjee,ed 10 in confequence Of the
payment Of executions which may be recovered
againlt said corpor alton.
JOSEPH CHANDLER
ssd .Say Gs 0i6"s