The Somerset reporter., 1897-04-01

sLccI trhIuo lot the conveyance OF persons ana
property. and for that purpose may mako and
Agn articles OF association In which shall be
stated tue name of the company, tho gauge of
the road, the places, cities and towns nom
which, In which and to which the road is to be
constructed. maintained and operated. the
length Of such road, as nearly as may be, the
amount of capital stock which shall not be less
than four thousand dollars for every mile of
road proposed to be constructed, the number
OF shares OF which said stock shall consist, and
the names and places OF residence OF at least
three persons, a majority OF whom shall be
citizens OF this state who shall act as directors
Of the proposed company, and manage It's
affairs until others are chosen In their places.
Each subscriber shall sign his name, residence
and number Of shares which he agreed to take
in said company
sEor. 3 section six OF said chapter, as
amended by chapter eighty .four of the public
laws OF eighteen hundred and ninety.flve, Is
hereby amended by striking out from the forty
eighth to the 1ftyeighth lines thereof inclusive,
the following words, 'H the board of railroad
commissioners, after hearing the petitions.
shall. subject to the provisions of section nine,
approve the proposed location, and find that
ublic convenience requires the construction
OF such road 1t shall endorse Its approval on the
petition, and the corporation may then pro-
coed with the construction Of such road, pro-
vided. that they frat Ole with the clerk Of the
court of county com nlissioners of the county In
which said street railway Is to be located, o
copy OF the location and plan aforesaid, and
another copy OF tho same with the board Of
railroad commissioners" ana inserting In
place thereof the following at such hearing
any party claiming TO be interested may ap-
pear In person or by counsel and such appear.
snce shall be entered of record. The board of
railroad commissioners, after hearing tho petit
ton, shaA they approve such location, sub
Ject to the provisions Of section nine, then
determine whether public convenience re-
Quires the construction Of such road, and
make q eertinoats OF such determination IN
writing. which certificate shall be hled with
their clerk within thirty days after such hear
ing. Within i've days after the ding of such
certificate with him, said clerk shall notify all
who have become parties OF record as afore-
said, or their counsel, of such determination,
by sending to each such party or their counsel
by mail q certified copy OF such certificates so
fled with him. Any party of record who is
dissatisfied with suoh determination may APP
peal therefrom, at any time within fifteen days
from the date of fling such certificates, to the
supreme judicial court next to be holden In any
county where any part Of said railway is locat-
ed, more than thirty days from the date of al.
ing said certificate with said clerk as afore.
said, excluding the day OF the commencement
of the session of said court. An appeal shall
lie by any Interested party from the decision
OF the board OF railroad commissioners, In any
case heard prior to the passage of this act, pro-
vided 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 suoh appeal upon said board Of rail.
road commissioners, fourteen days, at least,
before the session OF said court, and shall at
the hrst term file q complaint, setting forth
substantially the facts OF the case. Upon the
entry of sald appeal, the court shall appoint a
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 be
mutually agreed upon and appointed as such
committee, by tho parties to tho appeal.
Said committee shall appoint day for
hearing upon said appeal, and the appellants
shall give such notice thereof said commit
tee deem reasonable and proper, in order that
all persons Interested may have opportunity
to appear and object thereto Said committee,
public convenience requires the construction
of such road The decision of the committee,
or a majority thereof II three are appointed,
when filed In court, shall be final and conclu.
sive upon all parties without further action of
the court, and such decision shall forthwith
be certified to the board of railroad commits
sioners. The compensation of the committee
shall be paddy the parties and costs taxed as
the court may order. If the board of railroad
commissioners find that public convenience
requires tho construction Of said road and no
appeal therefrom shall have been taken, or II
a committee appointed by the supr eme judicial
court as aforesaid, shall, on appeal certify to
said railroad commissioners that tho public
convenience requires the construction Of said
road, then In ether OF said cases, the corpo-
ration may then proceed with the construction Of
said road, provided that they 1rst he with the
clerk of county commissioners of the county
In which said street railroad il TO be located,
copy of the location and plan aforesaid, and
another copy of the same with the board Of
railroad commissioners Said sc ction is
further amended by adding after the word
"obtalned" In the sixty fourth line thereof, the
following; 'but such permission shall be
necessary where such railways desire to cross
public bridges already erected bat the author
ity to determine whether such crossing shall
be permitted shall rest with tho municipal
ofilcers of the cities towns liable for the
repair OF such bridges, respectively, who may
impose such conditions and terms upon rail
ways desiring to cross the same as to them
may seem expedient. In case any county Is
liable for the repair OF q bridge, the county
commissioners of such county shall have au-
thorlty in the premises Said section is
further amended by striking out from the
sixty fifth limo OF said section, the words,
"paved or macadamized." Said section Ia
further amended by adding thereto the fol
lowing words; without the permission OF the
mayor and aldermen thereof, unless 1t shah be
otherwise determined by n committee of
judges of the supreme judicial court, on appeal,
as hercinbefore provided for appeals from the
decisions of the board OF railroad commission
ers, and such appeal may be taken by any
party Interested including an existing street
railroad claiming to be injurionsly affected by
such location to the supreme judicial court,
substantially in the manner and with the effect
as lereinbefore provided. So that snid section
az amended shall read rs follows;