The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-30

way IS located In two or more counties, the
supreme judicial court 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, at least, before the ses-
| sion of said court, and shall at the first term
nle complaint setting forth substantially 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 be sworn and if one of them dies, de-
cllnes 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 10
cation or locations and make their report at the
next term ofthe court after their appointment,
defining therein the route and location as to
streets or ways as determined by them, which
after acceptance and entry OF judgment there
on, shall forthwith be certified to the railroad
commissioners and received by them in lieu of
the approval of the municipal officers Costs
may be taxed and allowed las the court may
order. A failure to appeal shall not bar the
corporation from making q new application
| to the municipal officers. Said commissioners
shall, upon presentation Of such petition, ap-
point day for a hearing thereon, and the petit
| TONERS shall give such notice thereof as 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 OF by counsel
and such appearance shall be entered of record.
The board OF railroad commissioners, after
hearing the petition, shall, If they approve
such location, subject to the provisions of sec
ton nine, then determine whether public con-
venience requires the construction OF such
road, and make certificate Of such determin-
| alton in writing, which certificate shall be fled
with their clerk within thirty days after such
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 mail, a certified copy of such GER
tifcate 30 filed with him. Any party Of record
who is dissatisfied with such determination
may appeal therefrom at any time within if
| teen days from the date of fling such certid-
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 filing 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 is
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, at least, before the
session Of said court, and shall at the first
term file complaint, setting forth substanti-
ally the facts of the case. Upon the entry Of
said appeal, the court shall appoint com.
mittee 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 ap-
peal. Said committee shall appoint q day
| for a hearing upon said appeal, and the
appellants shall give such notice thereof
as said committee deem reasonable and
| 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. The
decision OF the committee, or 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 CON-
pensation of the committee shall be paid by
| the parties, and costs taxed as the court may
order. 1.-THE board of railroad commissioners
| find that public convenience requires the con-
struetion of said road and no appeal therefrom
| shall have been taken, OF If a committee ap-
pointed by the supreme judicial court as afore-
said, shall on appeal certify to said railroad
commissioners that the 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 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 same with the board Of railroad
commissioners. Any extension Of addition
| to or variation from the location by any street
railway organized under the provisions of this
| act may be made in accordance with, and SUBJ
! ject to the limitations of the foregoing prov1s-
Ions, provided, that no railway shall be located
across tide waters, where vessels can navigate.
without special permission of the legislature
first obtained. But no such 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 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 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 au-
thoriry 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 committee of judges
of the supreme judicial court, on appeal, as
hereinbefore 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 injuriously affected by
such location, to the supreme judicial court,
substantially in the manner and with the effect