Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-06-24

Guiding the application of the purchase
| money, discharge of membranes and
transfer of the property, jurisdiction over
which is hereby conferred, with the same
power to enforce said decree as in equity
cases Upon request of either party the
justice so making such final decree shall
make separate findings of law and fact.
All such findings shall be final but either
party aggrieved may take exceptions to
any rulings of law so made, the same to
be accompanied only by such parts of the
case as are necessary to a clear under
| standing of the questions raised thereby.
| Such eXpections shall be claimed on the
docket within ten days after such final
decree is signed, entered and fled, and
| notice thereof has been given by the clerk
| to the parties or their counsel and said
exceptions as claimed shall be made up,
allowed and filed within said time unless
further time is granted by the court or by
agreement of parties. They shall be en-
| tered at the next term of the law court
| to be held after the filing of said decree
| and there heard, unless otherwise agreed
| der further time for hearing thereon.
/ Upon such hearing the law court may
| confirm, reverse or modify the decree of
| the court below, or remand the cause for
| further proceedings as it seems proper.
| During the tendency of such exceptions
the cause shall remain on the docket of
the court below marked law and decree
shall be entered thereon by single jus
tice in term time or in vacation, in accord
anCe with the certificate and opinion of
| the law court Before said plant proper-
| ty and franchises are transferred in ac-
| cordance with such final decree, and be-
| Tore the payment therefor the court sit
| ting, i'll said county of kennebec, by a
| single justice thereof as hereinbefore
| provided. shall. upon motion of either
party, after notice and hearing take ac-
| count of all receipts and expenditures
properly had or incurred by the Augusta
| Water Company belonging to the period
| from and after March first, nineteen hun
| dred and four and all the net rents and
profits acruing thereafter and Shall or
| der the net balance due to either party to
| be added to or deducted from the amount
| to be paid under said final decree, as the
| case may be. All findings of law or fact
| 10y such single justice at such hearing
snail be final. On payment of tender by
said district of the amount SO fixed and
| the performance of all other terms and
entire plant, property and franchises shall
become vested in said water district and
| be free from all liens, mortgages and in
cumbranceS heretofore created by the
, Augusta Water Company. After the fill
| ing OF said petition it shall not be dis
| continued or Withdrawn by said water
district and the said Augusta Water
Company may thereaftcrwards on its
| part cause said valuation to be made az
herein provided, and shall be entitled to
appropriate process to compel said water
| district to perform the terms of the final
decree and to pay for said plant, prop
erty and franchises in accordance there
with
Sect s. All valid contracts now exist
| ing between the Augusta Water Com
pany and any persons or cOrporatio for
supplying water within said district and
| in the said towns of Chelsea, Vassalboro,
China and Manchester, shall be assumed
and carried out by said Augusta Water
District.
Sect. 9, For accomplishing the purposes
OF this act said water district, through
its trustees, is authorized to issue its
bonds to an amount sufficient to procure
funds to pay the expenses incurred in the
acquisition of the property of said Angus
Ia Water Company. and the purchase
hereof, and for further extensions, addi-
TONS and improvements of said plant.
5ald bonds shall be legal obligation of
said water district which is hereby de
Jared to be quasi municipal corporation
Within the meaning of section hfty-five.
;hapter forty-siX of the Revised Statutes,
md all the provisions of said section shall
e applicable thereto. The said bonds
shall be legal investment for savings
,anks.
Sect 10 All individuals. firms and cor
orations. whether private, public or mu-
ncpal, shall pay to the treasurer of said
l districts the rates established by said
I loard of trustees for the water used by
/ hem, and said rates shall be uniform
I within the territory supplied by the dis
I riot. Said rates shall be so established
4 Is to provide revenue for the following
purposes:
|, 70 pay the current running expenses
or maintaining the water system and
4 roVlde for such extensions and renewals
s may become necessary.
| ii. To provide for payment of the inter.
st on the Indebtedness of the district.
III. To provide each year sum
qual to not less than one nor more than
i've per cent. of the entire Indebtedness
4 the district, which sum shall be turned
alto sinking fund to provide for the final
xtinguishment of the funded debt. The
money set aside for the sinking fund
hall be devoted to the retirement of the
4 Obligations of the district or invested in
i 'uch securities as savings banks are al
! owed to hold.
". If any surplus remains at the end
# the year it may be paid to the city of
augusta.
Sect. II. All incidental powers, rights
md privileges necessary to the accom-
| Ilishment of the main object herein set
orth are granted to the corporation here
4 ~ created.
Sect. Il. This act shall take effect
when approved by a majority vote of the
egal voters within said district voting
an election to be specially called and
ield for the purpose on the fourth Mon
ay Of June, nineteen hundred and three
The board of registration shall make and
,roVlde a separate check list for such OF
he voters within said district as are then
4gal voters of said city and all warrants
5sued to said city shall be varied accord
ngly to show that only such voters there
n are entitled to vote hereon. Such
pecial election, shall be called adver-
lsed and conducted according to the law
elating to municipal elections. provided
however, that the board of registration
hall not be required to prepare or the
ity clerk to post a new list of voters and
)r this purpose said board shall be in SEES
ion the three secular days next pre-
eding such election, the first two DAYS
hereof to be devoted to registration III
1oters and the last day to enable the
,oard to verify the corrections of said
lists and to complete and close up its rec
,rds of said sessions. The city clerk
hall reduce the subject matter of this act
o the following question:: Shall the act
incorporate the Augusta Water Dis
riot be accepted?" and the voters shall
Indicate by a cross placed against the
lords yes or no their opinion of the
! anne. The result shall be declared BY the
1 1ayor and aldermen and due certica tie
hereof filed by the city clerk with the
ecretary of State This act shall take
feet when approved by the governor so
$ necessary to empower the calling and
gliding of such election.
Sect. IL. Sections two. three and four
this act shall be imperative, nun and
old, unless the said water district shall
st acquire by purchase. or by the exer-