The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1899-03-23

Fixed. and such certificate shall be conclp-
sive evidence of the organization and eh
Establishment OF such corporation 81 the date
thereof. The secretary Of state shall also
cAnse n record Of such certi0eats to b.
made and certified copy OF sach record
may with Ike effeet Us the original certih.
cate be given IN evidence 70 prove the erls
tenee u sueh a corporation
Section . Section ss u chapter two
hundred and slxty-cight Of the public laws
OF eighteen hundred and ninety-three, as
amended by chapter eighty four OF the pub
lie laws Of eighteen hundred and ninety
five and chapter two hundred ard forty nine
Of tie public laws Of eighteen hundred and
nine g-stven IS hereby amended By strik
out n the fourth line thereof, the words
defining is courses, distances and boun.
dnries" and b. striking ont IN the 1fth line
the words map" aud route" and insert
IN place thereof the Yordg plan and line
ard Insert after the word scale In the
sixth line the words defining It's courses
distances and boundaries, and also b.
striking out from the nfty-hrst and NIFTY
second lines the following words then
determine whether public convenience re
quires the construction Of ouch road, and"
also by striking out all after he word writ
ing in the ffty-third limo to the word "if'
IN the ninetleth line. also by striking out
all the words between tho word commits
sIoners" In the ninety-hrst and the word
the Ia the ninety sixth line, and insert the
following words, approve said location 80
that said section as amended, shall read
as follows
Section 0. Every corporation organ
tied under the foregoing provisions before
commencing the construction Of Its road,
shall present to the railroad commission
ers a petition for approval Of location, sc-
companled with plan of the proposed line
on an appropriate scale, defining it's courses.
distances and boundaries. and with the writ
ten approval OF the proposed route ana 10
cation as TO streets. roads or ways Of the
municipal officers OF the cities and towns
In which said railway Is TO be constructed
In whole or In part, and with report and
estimate prepared by a skilled engineer. II
the municipal officers upon n written ap-
plicatlon therefor, neglect for thirty days
to approve route and location as TO
streets, roads, or ways, or II they refuse to
approve such a route and location, or II
such route and location approved by them
Is not accepted by the corporation, In
either case, said corporation may appeal to
the next term OF the supreme judicial court
to be held In any county where any part Of
said railway Is located, more than thirty
days from the expiration Of said thirty days,
or from the date Of such refusal, or from
the approval OF location that Is not ac-
cepted by the corporation or otherwise, as
the case may be, excluding the day OF the
commencement OF the session OF said court.
If said railway Is located In two or more
counties the supreme judicial court IN either
county shall have jurisdiction of any such
appellate proceedings. The appellants shall
serve written notice of sucl appeal upon
said municipal officers fourteen days at
least, before the session OF said court, and
shall at the first term file complaint set
ting forth substantially the facts of the
case. II the appeal Is then entered and
not afterwards. the court shall appoint a
committee of three dlslnterested persons
who shall be sworn and II one of them
dies. declines or becomes interested the
court may appoint some suitable person In
his place, and they shall give such notice
as the court has ordered, view the proposed
route or routes and location or locations,
and make their report at the next term of
the court Rtter their appointment, defining
therein the route and location as to streets
or ways as determined by them, which after
acceptance and entry OF judgment thereon.
shall forthwith be certified to the railroad
commissioners and received by them in lien
Of the approval Of the municipal officers.
Costs may be- taxed and allowed as the
court may order. failure to appeal shall
not bar tho corporation from making new
application TO the municipal officers Said
commissioners shall, upon presentation of
such petition. appoint a day for hearing
thereon. and the petitioners shall give such
notice thereof as said commissioners deem
reasonable and proper, In order that all
persons interested may have an opportunl-
ty to appear and object thereto. At such
hearing any party claiming to be interested
may appear In person or by counsel and such
appearance shall be entered of record. Ths
hoard of railroad commissioners, after hear
Ing the petition, shall, II they approve such
location, subject to the proyleions of section
nine, make a certificate OF such determine
ton In writing II the board OF railroad
commissioners approve said location. the
corporation may then proceed with the con-
struction Of said road, provided that they
first file with the clerk of county commits
soners of the county In which said street
railroad Is to be located. a copy of the To-
cation and plan aforesaid and another copy
Of the same with the board OF railroad com
missloners. 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 subject TO the limitations OF the fore.
going provisions. provided, that no railway
shall lie 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 bs
permitted shall rest with the municipal Of
loers Of the cities or towns Liable for tbs
repair Of such bridges respectively, who may
impose such conditions and terms upon
railways desiring to cross tie same as tc
them may seem expedlent. In case ans