The Portland daily press., 1897-03-20

thirty days from the date of fling said
cerGlncate with said clerk as aforesaid,
exoioolng the day of the commencement
or the session OF said court. An appeal
shaiI He pv any interested party from the
accession OF the board of railroad commits
sioners. IN any case heard prior to the
passage OF eh1s act, provided suoh appeal
Is taken az any time within three months
rom tne time when this act goes into
enece. The appellant shall serve written
uoLlce OF Such appeal upon said board Of
raliroad commissioners, fourteen days,
at least, before the session of said court,
ana snail at the first term file a COM
pialno setting forth substantially the
a amna. Of the case. Upon the entry of said
appenl, the court shall appoint q COM
IN ttee consisting Of three justices of the
supreme Judicial court, of whom the
paesiolng justice, may. by consent of
pArtles, be one, provided, however, that
one such justice may be mutually agreed
upon and appointed as such committee,
ny the parties to the appeal. Said COM
mlttee shall appoint day for hearing
upon said appeal, and the appellants
committee deem reasonable and proper,
IN order that all persons interested may
nave opportunity to appear and object
Ghereto. Said committee, after such
nearing. shall determine whether public
convenience requires the construction of
such road. The decision of the commit
Tee, or majority thereof If three are ap-
pointed, when filed in courts, shall be
nnal and conclusive upon all parties
without further action of the court, and
such decision shall forth W 18th be certified
to the board of railroad commissioners
The compensation Of the committee shall
be paid by the parties, and costs taxed
an the court may order. If the board of
railroad commissioners find that public
convenience requires the construction of
said road and no appeal therefrom shall
have been taken, or If committee ap.
pointed by the Supreme judicial court,
ns aforesaid. shall, on appeal certify to
said railroad commissioners that the
public convenience requires the construc-
tion .cf said G road, then, in either of
said cases. the corporation may then pro-
coed 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 tn
be located, copy of the location and
plan aforesaid, and another copy of the
same with the board OF railroad COM
missioners."
Said section is further amended by
adding after the word "obtained" in the
sixty fourth line thereof, the following:
But no such permission shall be neces-
saryss where such railroad desires to GROSS
public bridges already erected, hut the
authority to determine whether such
crossings shall be permitted shall rest
with the municipal officers of the cities
or towns liable for the repair OF such
bridges, respectively, who may impose
such conditions and terms upon railways
desiring to cross the same as to them
may seem expedient. In case any county
is liable for the repair of a BRIDGE the
county commissioners of such county
shall have authority in the premises. -
Said section is further amended by
striking out from the sixty fifth line of
maoadamized." So that said section as
amended shall read as follows:
''Seotion 6.-Every corporation organ
lied under the foregoing provisions be-
fore commencing the construction of it's
road shall present to the railroad COM
mtssioners a petition for approval of
location. defining it's course, distances
and boundaries. accompanied with a map
of the proposed route on an appropriate
scale with the written approval Of the
proposed route and location as to streets,
roads or ways of the municipal, officers OF
the cities and towns in which said rail-
way is to be constructed In whole or in
part, and with report and estimate pre-
pared by skillful engineer. II the
municipal 0IuC0rS upon a WTlLGoQ apDl1-
cation therefor, neglect for thirty days to
approve a route and location ss to streets,
roads OF ways or If they refuse to APP
prove such route and location, or If
such ronte and location approved ty
them is not accepted by the corporation
in either case, said CORPORATION may APP
peal to the next term of the Supreme
Judicial court to be held in any county
where any part Of said railway is located,
more than thirty days from the expira-
ton of said thirty days. or from the date
of such refusal, or from the approval of
location that is not accepted by the COR
poration, Or otherwise, as the case may
be, excluding the day of the commence
ment of the session of said court. If said
railway is located in two or more
counties, the Supreme judicial court in
either county shall have jurisdiction of
any such appellate proceedings. The
appellants shall serve written notice of
such appeal upon said municipal officers
fourteen days, at least, before the session
Of said court, and shall at the first term
file complaint setting forth substantial
~ the facts of the case. If the appeal is
then entered, and not afterwards, the
court shall appoint committee of three
disinterested persons who shall he sworn
and if one of them dies, declines or be-
comes interested, the court may appoint
some suitable person in his place, and