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

street trafflc for the CONVEYANCE of persons and
property, and for that purpose may make and
sign articles of association in 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 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 snares 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 tne proposed company, and manage its
aHars until others are chosen in their places.
Each subscriber shall sign his name, residence
ana 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
laws Of eighteen hundred and ninety five, is
hereby amended by striking out from the forty
eighth to the eighth lines thereof inclusive,
the following words, eff the board of railroad
commissioners, after hearing the petitions,
shall, subject to the provisions Of section nine,
approve the proposed location, and find that
Of suchroad, it shall endorse Its approval on the
petition. and the corporation may then pro-
coed with the construction of such road, pro-
vided, that they first file with the clerk Of the
court of county commissioners of the county in
which said street railway Is to be located, a
| copy Of the location and plan aforesaid, and
| another copy of the same with the board of
railroad commissioners" and inserting in
tv,Io tat ~
any party claiming to be interested may ap-
pear in person or by counsel and such appear
ance shall be entered Of record. The board Of
railroad commissioners, after hearing the petit
| ton, shall, II they approve such location, SUBJ
ject to the provisions Of section nine, then
determine whether public convenience re-
quires the construction Of such road, and
make certificate 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 filing 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 a certified copy Of such certificates so
| filed with him. Any party of record who is
dissatisfied with such 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 FL
| 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 such appeal upon said board Of fail-
road commissioners, fourteen days. at least,
before the session Of said court, and shall at
| the first term file a complaint, setting forth
substantially the facts OF the case. Upon the
entry of said 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 the parties to the appeal.
| Said committee shall appoint day for a
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. The decision of the committee,
| or majority thereof if three are appointed,
when fled 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 the construction of said road and no
appeal therefrom shall have been taken, or If
a committee appointed by the supr eme judicial
court, as aforesaid, 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 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, q
copy Of the location and plan aforesaid, and
another copy of the same with the board of
railroad commissioners. Said section is
further amended by adding after the word
1obtained' in the sixty fourth line thereof, the
following: 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
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 a bridge, the county
commissioners of such county shall have au-
thority in the premises Said section is
further amended by striking out from the
| sixty fifth line 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 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 iniuriously affected by