The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1919-01-23


all operating expenses and fixed
charges paid or incurred during such
year and properly chargeable thereto,
fourth, memorandum OF ali real es-
tate, or interest therein, owned or
controlled by said water company on
said first day of November. with such
brief description thereof as Will rea-
sonably identify the same; fifth. a
memorandum OF all water rights used
or owned on said first day OF Novem
Der. with a brief description thereof
and concise statement of the meth
cd of acquiring the same, sixth, dup
licate plans of all dams owned in
whole or part on said first day of No
vember, with specifications thereof;
seventh. descriptions and specifca-
tons of all reservoirs and stand
pipes owned on said first day
of November; eighth, de
scription OF all pipes, service pipes,
hydrants. gates, gate-boxes shut-on
boxes. valves fixtures and machinery
and all the physical elements in such
water system. giving in detail all
quantities, sizes. lengths, specifying
the streets, roads or ways where stu
ated; ninth, an itemized list of all
tools, apparatus and appliances used
or disable in supplying water on said
first day of November. Such orders
may be enforced from time to time,
by any justice of the Supreme Judi
cial Court. in term time or in vacation.
upon motion of either party az such
justice may deem reasonable and
proper in the premises. At such hear
ing the justice then sitting may, upon
motion of the petitioner, make all
such DEGREES as he deems reasonable
and proper to enable the petitioner.
through its servants and employees,
to ascertain the condition of the mains
and pipes OF the defendant water
company externally and internally.
all work connected Herewith TO be
in the presence of the agents of the
water company, and at the election
Of water Company by its servants,
otherwise by the petitioner but
wholly at the expense of said water
district, said decree to fix the num-
Der OF such examinations and to i'm
pose such conditions as may to the
court seem just and proper in the
promises, The said appraisers shall
have the power of compelling the at
tendance of witnesses and the pro-
duction of books and paper pertinent
to the issue, and may administer
oaths; and any witness, or person in
charge of such books or papers, re-
fusing TO attend, or to produce the
same, shall be subject to the same
penalties and proceedings. so far "a
applicable. as witnesses summoned to
| attend the supreme judicial court.
Dispositions may be taken as in civil
actions. The appraisers may APP
point stcnographer or stenograph-
ers for the purpose of taking and
tranSCribing the evidence before them.
the compensation and expenses of
said stenographer or stenographers to
be taxed and allowed by the apprais-
ers and paid and borne as hereafter
provided.
The appraisers 81 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
SkoWhegan Water Company shall re
ceiye just compensation for the same.
The first day of July, nineteen hun
dred and twenty. 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 a
majority of them shall be filed in
the clerks Office Of the Supreme
Judicial Court for said County of
Somerset. in term time or vacation.
within six months after their appoint
ment, 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-
quircs. The award of the appraisers
shall be conclusive as to valuations
| | pom the confirmation of said report
the court so sitting shall thereupon,
| after hearing, making final decree
upon the entire matter, including the
| application of the purchase money
| discharge of membranes and trans
! fer of the property, jurisdiction over
! which is hereby conferred. with the
samr power to enforce said decree as
| in equity cases. Upon request of
either party the justice so making
snch final decree shall make separate
! findings of law and fact All such
i findings of fact shall be final but
either party aggrieved may take ex-
I ceptinns 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
Glcd. and notice thereof has been Civ
on by the clerk to the parties or their
counsel and said exceptions so claim
ed 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
entered at the next term of the law
court to be held after the filing of said
decree and there heard unless other
wise agreed or the law court shall
for good cause order a 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 pro-
per. During the tendency Of such