Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-29

commissioners after hearing the petit
tion, shall. II they approve such location.
subject to the provisions Of section nine.
requires the construction 81 such road.
and make certificate of such deter
mination in writing. which certificate
~ days after such hearing. Within Ave
days after the filing OF such certificate
with him. said clerk shall notify all who
Or 81 SSch
ton, by sending to each such party or
their counsel, by mail, certified copy of
party Of record who is dissatisfied with
such determination may appeal therefrom.
at any time within fifteen days from the
preme judicial court next to be holden
in any county where any part OF said
railway is located, more than thirty
aays wth saia clers as as esead
ing the day Of the commencement Of the
session of said court. An appeal shall lie
i 10y a Of the ' board Of railroad commission
ers. in any case heard prior to the passage
of this act provided such appeal Is taken
time when this act goes into effect. The
appellant shall serve, written NOTICE Of
such appeal upon said board OF railroad
before the session of said court and shall
at the first term file complaint, setting
forth substantially the facts OF the case.
shall appoint committee consisting of
three justices of the supreme judicial
court, of whom the presiding justice may.
however. that one such justice may be
mutually agreed upon and appointed as
such committee. by the parties to the ap-
peal. Said committee shall appoint n day
and the appellants shall give such
notice thereof as said committee deem
and pT0pe a hav osass
TO appear and object thereto. SAID COM
mittee after such hearing. shall deter
mine whether PUBLIC convenience S mem Tsl res
cision of the committee, or maJority
thereof if three are appointed. when filed
in court, shall be maj ana fr,h eoncius sion
OF the court and such decision shall
forthwith be certified to the board OF rail-
road commlsSloner Shall h be paid by tHe
parties and costs taxed as the court may
order If the board of railroad commits
sioners lind that pubic convenience re,
no appeal therefrom shall have been
taken or if a committee appointed by
shall on appeal certify to said railroad
commissioners that the public conven,
fence requires the construction of said
road. then. in either of said cases, the
construction of said road, provided that
they first file with the clerk of county
commissioners
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 eX-
tension Of addition to or variation from
the location by any street railway or
ganized under the provisions of this act
NAV he made in accordance with, and sub
ject to the limitations of the foregoing
provisions provided. that no railway
Shall be located across tide waters. where
vessels can navigate, without special per-
mission of the legislature first obtained.
But no such permission shall be necessary
where such railways desire to cross public
bridges already erected. but the authority
to determine whether such crossing shall
be permitted shall rest with the munici-
pal officers of the cities or towns liable
for the repair of such bridges. respective
ly. 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 Il bridge, the county commissioners of
such county shall have authority in the
premises. But no road shall be located
under this act. over any street in any
city in this state. without the permission
of the mayor and aldermen thereof unless
it shall be otherwise determined by a com.
mittee of judges of the supreme judicial
court on appeal, as hereinbefore prOvid-
ed for appeals from the decisions of the
board of railroad commissioners. and
interested, including an existing street
railroad claiming to beinjuriousiy affected
by such location to the supreme Judicial nd
with the effect as hereinbefore. provided
Section s. Section ten of said chapter
is hereby amended by inserting after the
words zone hundred and twenty-six' in
the eighth line of said section the words
'one hundred and thirty-fve, one hundred
and thirty-six, as amended one hundred
and thirty-seven. one hundred and thirty
eight one hundred and thirty-nine. one
hundred and forty SO that said section.
Section TO- So far as applicable the
provisions of sections seventeen. nineteen.
twenty, twenty-five, twenty-three. TWEEN
seven, thirty-six thirtyrseven, thirty
eight. thirty-nine. fifty-four. fifty-five.
fifty-six. fifty-seven sixty-six. sixty-seven,
one hundred and fifteen. one hundred and
sixteen, one hundred and seventeen, one
hundred and eighteen. one hundred and
one hundred and thirty-six. as amended,
one hundred and thirty-seven. one hum
dred and thirty-eight, one hundred ana no
chapter fifty-one of the revised statutes.
shall apply to street railways.
Section A.. Any street railroad corpora
said state. or under special charter, may
erect and maintain hotels cottages. places
Of amusement y. and Co. pleasure ,sas r grounds IN
purchase and hold real estate and per-
sonal property necessary or convenient
Ing lands e or other property snail not ex
tend to property to be used for such pur-
poses, and such street railroad corpora
tons may purchase and hold shares OF
the capital stock of any other corpora
ton engaged in the business of owning,
leasing, maintaining or operating such
hotels. cottages. places of amusement and
pleasure grounds.
Section 5. Any street railroad corpora
ton organized under a special legislative
act, may be authorized to extend, con-
struct, maintain and operate its road to,
into and through adjoining cities and
towns, other than and in addition to those
named in it's charter. by compliance with
and subject to the provisions of SECTION
six of said chapter two hundred and sixty
eight of the public laws of eighteen hun
dred and ninety-three. amended by
this act. Such corporations shall. in addi-
ton to their chartered rights have all the
rights and powers conferred from time to
time by general laws upon street railroad
corporations, subject to the conditions,
limitations and restrictions thereby i'm
posed; but no corporation shall have the
right to run over the tracks of another
street railroad. without legislative con-
sent, heretofore or hereafter granted, and
the right of any connecting street rail-
=. road company specially conferred upon
1t by its charter shall be preserved unim-
paired.
Section 6. Any street railroad corpora
ton may issue bonds in accordance with
= the provisions of the general law for any
q lawful purpose. and secure the same by
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