The Republican journal. [volume] (Belfast, Me.) 1829-current, 1897-03-25
PUBLIC LAWS OF THE STATE OF MAINE, 1897.

ting BY electricity, compressed air or animal
power, street railroad for public use, for
street traffic for the conveyance Of persons and
property, and for that purpose may make and
sign articles OF association la which shall be
stated the name OF the company, the gauge of
the road, the places, cities and towns from
which, In which and to which the road is to DO
constructed, maintained and operated, the
length OF such road, as nearly rs may DO, 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, majority of whom shall be
citizens OF this state who shall act as directors
OF the proposed company, and manage its
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
SECT. 2. Section SIX of said chapter, as
amended by chapter eighty.four Of the public
lava OF eighteen hundred and ninety five, Is
hereby amended by striking out from the forty
eighth to the fifty eighth lines thereof, inclusive
the following words, 'f the board of railroad
commissioners, after hearing the petitions,
shall. subject to the provisions of section nine,
approve the proposed location, and find that
public convenience requires the construction
OF such road, 1t shall endorse Its approval on the
petition. and the corporation may then pro-
ceed with tho construction Of such road. pro-
Tided. that they first 1ie with the clerk Of the
court of county commissioners OF tho county In
which said street railway Is to be located, o
copy of the location and plan aforesaid, and
another copy OF the 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 OF by counsel and such appear.
ence shall be entered Of record. The board Of
railroad commissioners, after hearing the petit
ton, shall, II they approve such location, sub
tect to the provisions Of section nine, then
determine whether public convenience re-
Qutres the construction OF suoh road, and
make eeltifcats OF such determination In
writing. which certificate shall be fled with
their clerk within thirty days after such hear
ing. Within five days after the fling of such
certificate with him, sald 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 e certified copy of such certificates 80
lied with him. Any party of record who is
peal therefrom, at eny time within fifteen days
from the date OF filing 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 I'll
ing said certificate with said clerk as atore-
said, excluding the day OF the commencement
ofthe session of said court An appeal shall
lie by any interested party from the decision
of st
case heard prior 20 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 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 be
mutually agreed upon and appointed as such
committee, by the parties to the appeal
said committee shall appoint day fol
hearing upon said appeal, and the appellants
shall give such notice thereof as said commit
tee deem reasonable and proper in order that
| all persons interested may have opportunity
TO appear and object thereto. Said committee,
after such hearing shall determine whether
public convenience requires the construction
of such road. Tho decision of the committee,
or majority thereof If three are appointed,
when filed in court shall be final ANA conclu-
stve upon all parties without further action of
the COURT snd such decision shall forthwith
be certified to the board of railroad commits
soIers The compensation of the committee
slall be paddy the parties and costs taxed as
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 appointed by the supreme judicial
court, as aforesaid, shall, on appeal, certify to
satd railroad commissioners that the public
convenience requires the construction Of said
road, then, in either, OF said cases, the corpo-
ration 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,
copy OF the location and plan aforesaid, and
another copy Of the game With the board Of
railroad comm ssiOnera.' said section is
further amended by adding after the word
obtained" IN the sixty fourth line thereof, the
following: but no s0ch permission shall be
necessary where 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 % the cities or towns liable for the
repair OF such bridges, respectively, who may
impose such conditions and terms upon rail
ways desiring 70 cross the same a. TO them
may expedtent. in case any county is
liable for the repair Of bridge, the county
commissioners of sach county shall have ou-
I'll ]rity In tbs premises Said section is
further amended by sJriking out from the
sixty fifth line OF said section, the words
"paved or maca0amized." Said section is
further amended by adding thereto the fol-
loving words; without the permission Of the
mayor md aldermen thereof, unless it shall be
otherwise determined by a committee Of
Judges OF the aupremeju judicial court, on appeal
as hereiubetoce provided fOr appeals from the
, decisions q the board OF railroad commission
; ers and such appeal may be taken Try any