Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-03-30
Chapter 2O4.


BE enacted by the Senate and House Of Reuessato-
tires IN Legislature assembled, as follows:
SECTION /. WheEever any railroad corporation
within this state which has commenced receiving
tolls has or shall hereafter neglect refuse to
regularly run trains upon and operate its read for
the transportation of passengers and freight fer the
space of sixty days at any one time, the railroad
commissioners of this state or any ten citizens re-
siding in any county through which said railroad
extends, may petition the supreme judicial court in
any county through which such railroad extends,
setting forth therein such neglect and refusal to
run trains and operate its road which petition, be-
fore entry in court, may be presented to any justice
of the court in term time or vacation, who shall
order not less than fourteen days notice thereon
be served on such corporation. The petitioners
shall give written notice TO the attorney general
the county attorney of the county in which said pc
tition is filed, of the filing thereof one Of whom
shall appear and take charge of proceedings
court. The court shall appoint hearing, and at or
found to he true, and if in the opinion OF the
court public necessity and convenience require it,
shall appoint some suitable person or persons, or
some other railroad corporation. receiver or re-
ceivers to take possession and control of said rail-
road, together with all corporation property be-
longing to the same, and require such receiver or
receivers to give bond to said railroad corporation
in u reasonable sum- with sureties satisfactory to
the court for the faithful discharge Of his or their
trust, also to determine tho compensation Of such
receiver or receivers
SEC. , Such receiver or receivers, as as he
or they have given the required bond, shall give
notice of his or their appointment by publishing
the same three weeks successfully in one newspaper
printed in each county through which said road ex
tends, and shall Immediately take possession and
control of said railroad, all its rolling stock depot
together with all appendages belonging to the
same and necessary flor the convenient use Of the
same and shall diligently proceed TO repair and re-
furnish said railroad, its rolling stock and other
appenda%es and run aud operate the same for the
accommodation of the public. said receiver or re-
ceivers shall have the same authority to demand
and receive tolls and otherwise manage said rail
road and be subject to the same restrictions as are
conferred and enjoined by the charter Of said rail-
road its original cOrpOratOrS, anu as is
may hereafter be provided by law
SEC. 3. In case said railroad, its track, bridges,
rolling stock, and other appendages, shall be found
to be so out OF repair, or insufficient IN amount t"
safely or successfully operate the same, and the
earnings not sufficient to repair said railroad its
track bridges, rolling stock, and other appcndages,
rebuild or refurnish the same, said receiver or
receivers is and hereby authorized to raise. by
loan, sufficient sum of money, not exceeding five
thousand dollars per mile, to repair rebuild or
refurnsh said railroad, its track, bridges rolling
stock and other appendages, said loan to bear Il
reasonable rate of interest, not exceeding eight per
cent, payable semi annually, and the principal
payable within twenty years lien is hereby
created the franchise and all the property, real
and personal road, rOad-bed, track, depots, build
ings, and equipment, pertaining to and constituting
SAID railroad, for the payment Of the principal and
interest OF said loan Said loan secured by this lien
shall take precedence over any and all mortgages,
bonds, stock other title claim of indebtedness
of any kind whatsoever, then existing or hereafter
created on said railroad
SEC. !. ANY judge Of the supreme judicial court
sitting in the county where the original petition
led, on petition OF SAn fdliIOdt OF
the of the same, and after reasonable notice
TO such receiver receivers. may revoke his or
their authority and restore the possession and con-
troll of said railroad to said railroad corporation
its owners, by their paving the principal and inter
est of the aforesaid loan then existing, together
with such sum Of money due said receiver for his or
their personal services, together with all expenses
incurred in operating and repairing said railroad
and its appendages during his continuance in his
said capacity and above the earnings of the
same; provided however, said railroad corporation
or its owners shall give bond to the state in such
sum as the court may order, with sureties satiStae
tory to the court, conditioned that such railroad
corporation its owners thus seeking to receive
possession shall operate and keep in repair said
railroad its rolling stock, and other appendices IT,
the satisfaction of the railroad commissioners, for
the term of five years next following said order.
SEC. s. In said receiver or receivers and said
railroad corporation owners are unable to agree
upon the amount due said receiver receivers from
said railroad corporation or its owners, it shall be
referred by order OF court to the determination of
IKE railroad commissioners, and whose decision
made to said court and accepted shall be final in
the premises, and in shall said railroad
poration or its receive possession and control
of said railroad until said receiver receivers
paid rendered the full amount due him or them,
as aforesaid, except by his their written
SEC. g. The court shall have power and is here
by authorized to fill any all vacancies that may
occur by death resignation in said office Of re-
peiyer al AT time of Amounting said receiver