Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-14

| VI site dDoNc mentioned property on or
| before July first, nineteen hundred
and three. said water district through
its trustees is hereby authorized to
Jake said plant, property and fran
chises as for public uses by petition
therefor in the manner hereinafter pro-
vided. And said water district through
its trustees is hereby authorized on or
before July sixth, nineteen hundred
and three. to file a petition in the
clerks office of the Supreme Judicial
court for the county of Kennebec in
| term time or in vacation, addressed to
any justice of said court, who after no.
| tice to said Augusta Water Company
and its mortgages, shall after hearing
and within thirty days after the filing
of said petition appoint three disinter-
ested appraisers none of whom shall be
| residents Of the county of Kennebec,
one Of whom shall be learned in the
law, for the purpose of fixing the
valuation of said plant, property and
franchises. The said appraisers shall
| have the power of compelling at
| tendance of witnesses and the produc-
ton of books and papers pertinent to
| the issue. and may administer oaths;
and any witness, or person in charge of
| such books and papers, refusing to at
| tend, or to produce the same, shall be
subject to the same penalties and pro-
| ceedings, so far as applicable as wit
| nesses summoned to attend the Su-
preme Judicial court. The appraisers
| so appointed shall after due notice and
hearing fix the valuation of said
plant, property and franchises at what
they are fairly and equitably worth, SO
that the said Augusta Water Company
shall receive just compensation for all
the same. The first day of October,
nineteen hundred and three, shall be
the date as of which the valuation
aforesaid shall be fixed, from which
day interest on said award shall run
and all net rents and profits accruing
thereafter shall belong to said water
district. The report of said appraisers,
or of a majority of them, shall be filed
| in said clerks office in term time or
vacation within five months after their
appointment, and such single justice,
| or in case of his inability to act then
any Justice designated for the purpose
| by the chief justice, may, after notice
and hearing, confirm or reject the
same, or recommit it if justice so re-
uuires. The award of the appraisers
shall be conclusive as to valuations.
Upon the confirmation of said report
the court so sitting shall thereupon,
after hearing, make final decree upon
the entire matter, including the appI-
cation of the purchase money, dis
charge 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 Oh
either party the justice so making
such final decree shall make separate
findings of law and fact. All such
findings Of fact 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 understanding of the questions
raised thereby. Such exceptions shall
be claimed on the docket within ten
days after such final decree is signed,
entered and filed, and notice thereof
has been given by the clerk to the
parties or their counsel, and such eX-
ceptions so claimed shall be made up,
allowed and filed within said time I'M
less further time is granted by the
court or by agreement of parties. They
shall be entered at the next term OF
the law court to be held after the filing
of said decree and there heard, unless
otherwise agreed, or the law court
shall for good cause order a further
time for hearing thereon. Upon such
hearing the law court may confirm,
modify tho 6pnrpp of the
court below, or remand the cause for
| further proceedings as it deems proper.
During the tendency of such excep-
| tions the cause shall remain on the
docket of the court below marked
Flaw" and decree shall be entered
| thereon by a single justice in term
| time or III vacation, in accordance
with the certificate and opinion OF the
| law court Before said plant, prop
| erty and franchises are transferred IN
accordance with such final decree, ana
| before payment therefor, the court
| sitting is said county Of Kennebec, by
a single justice thereof as hereinbe-
| fore provided, shall, upon motion OF
| either party, after notice and hearing,
| take account of all receipts and eX-
penditures properly had or incurred by
the Augusta Water Company belong
| ing to the period from and after
lnetober. first. nineteen hundred and
Three, and all the net rents and profits
Iaccruing thereafter, and shall order
| the net balance due to either party to
4 be added to or deducted from the
amount to be paid under final decree,
| as the case may be. All findings of
| law or fact by such single justice at
such hearing shall be final. On pay
ment or tender by said district of the
amount so fixed and the performance
of all other terms and conditions SO
| imposed by the court, said entire
plant. property and franchises shall
become vested in said water district
and be free from all liens, mortgages
and membranes heretofore created
by the Augusta Water Company. After
the filing of said petition it shall not be
discontinued or withdrawn by said
water district, and the said Augusta
Water Company may thereafterwards
on it's part cause said valuation to be
made as herein provided, and shall be
entitled to appropriate process to COM
pei said water district to perform the
| Terms of the final decree, and to pay