The Portland daily press., 1895-02-28


lighting, heating, manufacturing and mechan-
ical purposes.
SECT. l. Corporations for the purpose of
making, generating, selling, distributing ana
supplying gas or electricity, or both, for light
ing, heating, manufacturing or mechanical
purposes IN any city or town, or two or more
adjoining cities or towns, within this state, or
for either or any such purposes, may be organ
lied under the provisions of sections sixteen,
seventeen, eighteen, nineteen and twenty OF
chapter forty-eight of the revised statutes OF
this state, and acts amendatory thereon and
additional thereto, and all provisions OF Sald
chapter and acts are hereby made applicable to
such corporations But no corporation, organ organ
lied hereunder, shall have authority, without
special act of the legislature, to make, generate,
sell, distribute or supply gas or electricity, OF
both, for any purpose, IN or to any Guy OF
town, in or to which another company, person
or firm are making, generating, selling, dlsGrl-
butIng or supplying, or are authorized to make,
generate, sell, distribute or supply. gas or
electricity, or both, without the consent OF such
other company. person or firm.
SECT. 2. The certificate provided by SAID sec
ton eighteen to be prepared and MED IN the
secretary of states office, shall specify, III addl-
ton to the statements required by said section,
the city or town, or the adjoining cities or
towns within which said corporation proposes
to make, generate sell, distribute or supply
gas or electricity, or both, for the purposes
named in section one of this act and no corpora
tion shall be authorized to make. generate sell,
distribute or supply gas or elgGtrieity IN any
SECT. g. Any manufacturing corporation
located and doing business in a town or city in
which a company incorporated under this act
proposes to manufacture and introduce gas or
electricity for any of the purposes named in
this act, may take and hold stock in such gas or
electric company to an amount not exceeding
ten per cent of the capital stock of such last
named company.
SECT. 4. Corporations incorporated under
this act shall be authorized to purchase, hold
and convey such real estate and personal prop
erty as shall be necessary for the purposes for
which it is created.
SECT. 5. Every such corporation shall have
authority to Law its pines and wires and con-
struct and maintain its lines in, upon, along,
over across and under the roads and streets in
any city or town in which it is authorized to
supply gas or electricity, or both, subject, how
ever to the conditions and restrictions herein
after provided. But no corporation organized
hereunder shall have authority except by
special act of the legislature, to take, appro-
pirate or use, the location, pipes lines or other
property of any other corporation, person or
firm, doing or authorized to do similar bust
ness, without the consent of such other corpora
ton, person or firm
seer. g. No such corporation shall lay its
pipes or bury its wires in any road or street, or
dig up or open the ground in any road OF street,
until it shall have obtained permit in writing
from the municipal officers of the city or town
in which such road or street Is located, which
permit shall be signed by such municipal ofl-
GERS, and shall specify the roads and streets and
the location therein in which such pipes or
wires shall be laid; but such permit shall not
affect the right of any party or parties to re-
cover damages for any injury to persons or
property by the doings of any such corporation.
Upon application to them for such permit, the
municipal officers to whom it is presented shall
appoint time and place OF hearing thereon,
and cause said corporation to give public notice
thereof by publication in some newspaper pub
lished or printed in said city or town, Ii any, at
least fourteen days before said hearing; II no
newspaper is published or printed in said town
or city, then by posting such notice in two or
more public and conspicuous places therein, at
least fourteen days before said hearing. At
such hearing any resident and property owner
in said city or town. and all other parties inter-
ested, may appear, and shall be given an oppor-
tunity to be heard.
SECT. 7. Said corporation shall so dig up and
open such roads and streets in such manner
as to discomlnode the public travel as little as
possible, and shall put all such highways, roads
and streets which it shall dig into and open,
into as good repair as they were before they
were dug into and opened; and on failure so to
do within reasonable time such corporation
shall be decreed guilty of nuisance.
SECT. 8. Every such corporation authorized
to make, generate, distribute and supply cleo
tricity for the purposes named in this act shall
be authorized to construct and MAINTAIN It's
poles, lines, fixtures and appliances upon, along,
over and across the roads and streets of any
city or town in which it is authorized to do bust
ness, upon the conditions and under the restrlc-
tions provided herein and by chapter three
hundred and seventy ght of the public laws of
eighteen hundred and eighty-five, and all acts
additional thereto and amendatory thereof, and
all the provisions of said chapter and acts not
cable to such corporations; provided, however,
that the same shall not be so constructed as to
incommode the use of such roads and streets
for public travel; and provided, further, that
no such corporation shall injure, cut down or
destroy any fruit trees, or any tree or shrub
standing and growing for the purposes of shade
or ornament.
SECT. 8. Any such corporation, by vote at a
meeting of it's stockholders called for the pur-
pose, may issue coupon or registered bonds to
provide means for constructing its lines and
Ia1a FIR limo itS HOatino debit. for the
ment of money borrowed for any lawful pur-
pose, and may mortgage orpledge, as security
for the payment of the principal and interest
of such bonds, part or all of its property and
franchise. Such bonds may be issued in sums
not less than one hundred dollars each. payable
at periods not exceeding twenty years from the
date thereof, and bearing interest not exceed
ing six per cent year, payable annually or semi
annually, to an amount which, including That
of bonds previously issued, shall not exceed in
all the capital stock of the corporation actual
ly paid in at the time.
SECT. 10. Every corporation Incorporated un
der the provisions of this act shall be liable in
all cases, to repay any city or town all sums OF
money that said city or town may be obliged
to pay on any JUDI ment recovered against it for
damages occasioned by any obstruction, digging
up or displacement OF any way or street by said
corporation, together with counsel fees and
expenses necessarily incurred in defending said
town in actions therefor; provided, however
that said corporation shall have notice of the
commencement OF any ana all suits for such
damage, and such corporation shall have the
right to defend any such action at its OWL
| expense.
SECT. II. This act shall take effect when
approved. approved March 15.l
Chapter 1O3.
AN ACT to provide for the incorporation anG
control of Telegraph Companies and Tele
phone Companies.
| SECT. /. Telegraph companies and telephone
companies and companies for the operation Of
| both telegraphs and telephones, may be organ
lied under the provisions of sections sixteen
seventeen, eighteen, nineteen and twenty OF
chapter forty-eight of the revised statutes Of
this state and acts amendatory thereof and ad
ditional thereto, and all the provisions of sale
sections and acts are hereby made applicable
to such corporations.
SECT. 9 The certificate provided by sale
section eighteen to be prepared and filed in the
secretary of states office, shall set forth in
addition to the statements required by SAID
section, the general route of telegraph or tele
phone lines proposed to be constructed by such
corporation and the points to be connected
thereby.
SECT 8. Corporations organized under the
provisions of this act shall have authority
except as herein limited, to construct, main
tain and operate its lines upon and along the
route or routes and between the points STATED
in its certificate of incorporation. But no cor
| poration organized hereunder shall have au
thority without special act of the legislature tt
construct its lines along the route or routes
used or authorized to be used by any other tel
egraph or telephone company, person or firm
| or between points connected, or authorized tx
| be connected, by the lines of any such COMPANY