The Somerset reporter., 1897-04-01

WnYis located in two Or more counties, the
supreme judicial conrt In either county shall
have Jurisdiction OF any such appellate pro
ceedlngs. The appellants shall serve written
notice OF such appeal upon said municipal
officers fourteen days, al least, before the ses-
sion of said court, and shall at the first term
file a complaint setting forth substantially the
facts of the case. II the appeal is then entered,
and not afterwards, the court shall appoint
committee of three disintsrested persons who
shall be sworn and II one of them dies, de-
olines or becomes interested, the court may
appoint some suitable person In his place, and
they shall give such notice as the court has or
dered, view the proposed route or routes and To-
cation or locations and make their report at tho
next term of the court after their appointment,
defining therein the route and location as TO
streets or ways ss determined by them, which
after acceptance and entry OF Judgment there
on, shall forthwith be certified to tho railroad
commissioners and received by them In lieu OF
the approval OF the municipal officers Costs
may be taxed and allowed .as the court may
order. A failure to appeal shall not bar tho
corporation from making a new application
TO the municipal officers Said commissioners
shall. upon presentation of such petition, ap-
point day for hearing thereon, and the petit
TONERS shall give such notice thereof said
commissioners 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 in
terested 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 II they approve
| such location, subject to the provisions of SEQ
ton nine then determine whether public oon-
venience requires the construction Of suoh
road, and make O certificate of such determtn.
alton in writing which certificate shall be nled
with their clerk within thirty days after suoh
hearing Within five days after the fling of
such certificate with him, said clerk shall notify
all who have become parties of record as
aforesaid or their counsel of such determine
ton, by sending to each such party or their
counsel, by mall, certified copy of suoh GER
tincate so fled with him. Any party of record
who La dissatisfied with such determination
may appeal therefrom, at any time within If
teen days from the date of fling such certin
cate, 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 fling said certificate with said
clerk as aforesaid, 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, provided such appeal Ia
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 commits
sioners, fourteen days, ot least, before the
session Of said court, and shall at the frst
term file a complaint, setting forth substanu-
ally the facts of the case. Upon the entry OF
said appeal, the court shall appoint oom-
mittee consisting of three justices OF the
supreme judicial court, OF whom tho presiding
justice may, by consent of parties be one, pro
vided, however, that one such justice may be
mutually agreed upon and appointed
ms such committee, by the parties TO tho ap
peal. Said committee shall appoint a day
for hearing upon said appeal, and the
appellants shall give such notice thereof
as said committee deem reasonable aud
proper, in order that all persons interested may
have opportunity to appear and object there
to. Said committee, after such hearing, shall
determine whether public convenience re.
quires the construction of such road. Tho
decision of the committee, or a majority there
of 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 railroad commissioners. The COM
pensation of the committee shall be paid by
the parties, and costs taxed as the court may
order. II the board of railroad commissioners
find that public convenience requires the con
stllction of said road and no appeal therelrom
shall have been taken, or If committee ap
pointed by the supreme judicial court, ms a1ore
said, shall on appeal certify to said railroad
commissioners that tho public convenience
requires the construction of said road, then, in
either of said cases, the corporation may then
proceed with the construction OF said road,
provided that they lfst file with the clerk OF
county commissioners Of the county in which
snid street railroad is 10 be located, COPY Of
the location and plan aforesaid, and another
copy of the same with tho board of railroad
commissioners Any extension Of. addition
to or yariat ION from tie location by any street
railway organized under the provisions ri this
act may be made in accordance with, and sub
jeet to the limitations Of the foregoing proyis-
Ions, provided, that no railway shall be located
across tide waters, where vessels can navigate.
first obtained. But no such permission shall be
necessary whore such railways desire to cross
public bridges already erected, but the author
ity To determine whether such crossing shall
be permitted shall rest with the municipal
officers OF the cities or towns liable for the re-
pair of such bridges, respectively, who may
impose such conditions and terms upon rail-
ways desiring to cross the saline as to them
mny seem ex podienb In case any county Is
liable for the repair Of 4 bridge, tho county
commissioners of such county shall have III
thority In the promises. hut no road shall be
located under this set, over any street IN any
city In this state, without he permission Of tho
mayor and aldermen thereof, unless 1t shall be
otherwise determined by a committee of judges
of the supreme judicial court on appeal. us
herenbefors 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 njuriously affected by
such location, to the supreme judicial court,
substantially in the manner and with the effect
as hereinbefore provided
SECT. g. Section ten of said chapter is here
by amended by inserting after the words lone
hundred and twenty six in the eighth line of
said section the words 'one hundred and