Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

e.auorsed thereon the certificate of the
eatisf ey general that he has received
raS,sa as1ory proof that as so stated the
Ecu euuced amount of capital is sufficient
ti Hr the proper purposes of the corpora
6 d,on ana Is in excess of it's ascertained
"ep.s ana liabilities
section lis. For the purpose Of any
auie ot law Or of any statutory provi-
a.oh other than the foregoing sections
one e, hundred and fifteen. one hundred
ana sixteen and one hundred and seven
teen or of determining the amount TO
pe p;-id TO the treasurer of State for
me use of the State as provided in sec
ION nine OF this chapter, or of deter
Inining the amount of the annual fran
cnlse tax as provided in section eighteen
OF chapter nine of thes Revised Statutes.
put Tor no other purpose, shares with
out nominal or par value shall be as
sumed to be of the par value of one
hundred dollars each
section 119. In case the certificate
oi organization of corporation formed
nfteen hereof shall provide for an is
sue or preferred stock and shall also
provide that such stock may be called
IN and retired at any price stated in the
PROVISIONS describing the preferences of
such shares, such preferred stock shall
not be thus called in or retired if there
by the property and assets of the cor
poration shall be reduced below the
amount stated in the certificate Of or
ganiZation or fixed in accordance with
the provisions of section one hundred
and seventeen, as the capital with which
the corporation will carry on business.
nor shall such preferred stock be thus
called in or retired if thereby the prop
erty and assets of the corporation shall
be reduced below the amount of it's out
standing debts and liabilities
In case the certificate of organiza-
ton OF any corporation organized I'M
der section seven of this chapter shall
provide for an issue of preferred stock
and shall also provide that such stock
NAV be called in and retire6 a
price stated in the provisions describ-
ing the preferences of such shares, such
stock shall not be thus called in or
retired If thereby the property and as
sets of the corporation shall be re-
duced below the amount of its out
standing debts and liabilities.
, ton who votes for or aids in the calling
and retiring of preferred stock in vio-
lation hereof shall be fined not exceed
ing two thousand dollars and imprisoned
ceived for such stock so called in and
retired in violation hereof may be re-
covered by any creditor of the corpor-
alton in an action on the case.'-(Ap-
proved March 81, 1919
CHAPTER las.
An Act to require automatic signals AMI
the removal of Instructions at certain
grade crossings not protected by gates
or f1agmen.
w ieTedS the lnSIallatlOn ana opera
ton of automatic signals so-called
and the removal of distractions at GER
tam grade crossings in this State are
necessary for the preservation of the
safety of the public, and
Whereas, such necessity makes the
following act an emergency measure
Immediately necessary for the preser-
walton of the public peace, health or
safety. now. therefore
Section 1. The public utilities COM
mission is hereby given authority to
require each steam railroad company
operating within this State to install, OPP
nal at any highway crossing within
this State, where. after reasonable mo-
tice and hearing, said commission shall
decide that public safety requires such
signal as a proper measure of protec-
ton. The expense of installing, oper-
ating and maintaining any such signal
shall be borne by the corporation oper-
ating the railroad passing over the
crossing to be protected. Wherever the
term signal or automatic signal" is
used in this act, same shall be construed
to be an appliance which gives warning
of the approach of train and which
is audible and visible by dav and by
night
Section .. Immediately upon the pas
sage of this act. the public utilities COM
mission shall designate by general or
ders. which may be issued without for
NAL notice or hearing, the grade cross
ings in this State at which, from all
points on the highway or other way
within one hundred and fifty feet of
such crossings and on either side there
of measured along said highway or way
a traveller on the way carrying such
crossing can have fair view of an APP
preaching train. engine or car continu-
ously from the time such train, engine
or car is three hundred feet from such
crossing until it has passed over the
same. either under existing conditions
or by bushes. trees, fences, signboards
or entertainments being trimmed, cut
down or removed as hereinafter pro-
vided
Section 3. At every crossing desg-
mated under the provisions of the pre-
ceding section and at every crossing
of a highway or other way and an cleo
trio railroad at grade the municipal Off
is located are given authority and are
hereby required, when by order directed
so to do by the public utilities commits
sion. after ten days notice to all per-
sons interested, to remove embank-
ments and other Instructions within
highway limits and to enter upon pri-
waite property and properly trim, cut
down or remove bushes. trees. fences
struct the view Of an engine, train OF
car by a traveller at or near any such
crossing. The authority of the commits.
sion in any order and of the municipal
officers acting hereunder shall not ex-
tend beyond 4 point one hundred ano
fifty feet on either side of any such
crossing measured along the highway
or other way or beyond a point three
hundred feet on either side of any such
crossing measured along the railroad
right VT way, the purpose herein being
to enable traveller on any such way
when such traveller is one hundred ano
fifty feet or less distant from any such
crossing, to have fair view OF an ap'
preaching train. engine or car contin-
uously from the time such train. englne
or car is three hundred feet from such
crossing until it has passed over the
same.
Section 4. Within such time as said
commission by order directs, such NUM-
cipal officers shall cause such bushes
trees. fences, signboards or encroach-
ments to be trimmed, cut down or re-
moved, and the expense thereof shall IN
the first instance be paid by the city
town or plantation wherein the labor
is performed, but upon the Ming with
the governor and council of proper proof
of such payment. one7half of any such
amount shall be repaid by the State to
such city. town or plantation, the same
to be paid out of any funds not other
wise appropriated.
Section ;. If any person claims dam.
ages on account of any act done under
the two preceding sections, ne may
within two years after the doing OF
any such act. petition the public utilities
commission to assess his damages and
notice to the petitioner andto the inter
ested city. town or plantation, and after
hearing, shall award such sum as seems
proper damages to be paid by the
city, town or plantation wherein the
is located. UpOn proper PROOF