The Portland daily press., 1897-03-20

has ordered, view the proposed route or
routes, and location or locations, ana
make their report at the next term of the
court after their appointment, defining
therein the route and location as to
streets or ways as determined by them,
which after acceptance aud entry of judg
ment thereon, shall forthwith be certified
to the railroad commissioners and re-
ceived by them in lieu of the approval of
the municipal officers. Costs may be
taxed and allowed as the court may or
der. A failure to appeal shall not bar the
corporation from making new applica
tion to the municipal officers Said COM
missioners shall, upon presentation of
such petition, appoint day for a hear
ing thereon, and the petitioners shall
give such notice thereof as said commits
sioDers deem reasonable and proper, In
order that all persons interested may have
an opportunity to appear and object
thereto At such hearing any party
claiming to be interested may appear In
person or by counsel and such appearance
shall be entered Of record. The board of
railroad commissioners. after hearing the
petition, shall. if they approve such loca-
tion, subject to the provisions of section
nine, then determine whether public con-
venience requires the construction of such
road. and make certificate of such de-
termination in writing, which certificate
shall be filed with their clerk within
thirty days after such hearing. Within
five days after the fling of such certifi-
cate with him, said clerk shall notify all
who have become parties of record as
aforesaid or their counsel of such deter
mination. by sending to each such party
or their counsel, by mail. certified copy
of such certificate 40 fled with him. Any
party of record who is diSsatified with
such determination may appeal there
from, at any time within fifteen days
from the date of filing such certificate, to
the Supreme Judicial court next to be
holden in any county where any part of
said railway is located, more than thirty
days from the date of filing said certif-
cate with said clerk as aforesaid. exclud-
ing the day of the commencement uf the
session of said court. An appeal shall lie
by any interested part from the decision
of the board of railroad commissioners, in
any case heard prior to the passage of
this act, provided such appeal is taken at
any time within three months from the
time when this act goes into effect. The
appellant shall serve written notice Of
such appeal upon said board of railroad
| commissioners, fourteen DAYS, at least,
before the session of said court, and shall
Mt the first term file complaint setting
| forth substantially the facts Of the case.
Upon the entry of said appeal, the court
shall appoint committee consisting of
three justices of the Supreme Judicial
court, of whom the presiding justice
may, by consent Of parties, be one, pro-
vided, however, that one such justice
may re mutually agreed upon and ap-
pointed as such com mittee, by the parties
| to the appeal. Said committee shall ap-
point day for hearing upon said ap-
real, and the appellants shall give such
| notice thereof rs said com mittee deem
reasona BILE and proper. in order that all
persons interested may have opportunity
to appear and object thereto. Said COM
mittee, after such hearing, shall deter
mine whether public convenience r3-
uuires TIE construction of such road. The
| decision of the committee, or majority
| thereof if three are appointed, when filed
in court, shall be final and conclusive
upon all parties without further action
| of the court, and such decision shall
forthwith be certified to the board of rail-
road commissioners. The compe nsation
IF the committee shall be paid by the
parties, and costs taxefl as the court may
order. If the board of railroad commits
sioners find that public convenience re-
| quires the constT uction of said road and
no appeal therefrom shall have been
taken, or if n committee appointed by the
| Supreme Judicial court, as aforesaid,
shall on appeal certify to said railroad
commissioners that the public conven,
fence requires the construction of said
rOdu, Gu0u, III ClIbcT VI SctlO ChS6es Gue
corporation may then proceed with the
construction of said road provided that
they first file with the clerk of county
commissioners Of the county in which
said street railroad is to be located, a
copy of the location and plan aforesaid,
and another copy of the same with the
board Of railroad commissioners. Any
extension of. addition to or variation
fom the location by any street railway
organized under the provisions of this
act may be made In accordance with, and
subject to the limitations of the forego-
ing provisions, provided, that no railway
shall be located across tide waters, where
ves'els can navigate, without special
permission of the Legislature first OBJ
tanned. But no such permission shall be
necessary where such railways desire te
cross public bridges already erected. but
the authority to determine whether such
crossing shall be permitted shall resi-
with the munioipal officers Of the cities
or towns liable for the repair of sucf
bridges, respectively, who may impose
such conditions and terms upon railways
desiring to cross the same as to then
| m aa0ro eYpeHiopf tn aoso opu N0nnty