The Portland daily press., 1899-03-20


tabishment Of such corporation at the date
thereof. The secretary Of state shall also
cause n record of such certificate TO De
made, and certified copy of such record
may with like effect as the original certin-
cate be given In evidence to prove the exis-
tence Of such a corporation.
Section .. Section six OF chapter two
hundred and sixty eight 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 and forty-nine
of the public laws Of eighteen hundred and
ninety.seven Is hereby amended by strik-
out In the fourth line thereof. the words
defining Its courses. distances and boun-
darles," and by striking out in the fifth line
the words map" and route" and insert
In place thereof the words plan and Tine
and insert after the word scale In the
sixth line the words defining Its courses
distances and boundaries, and also by
striking out from the ifty-frst and nifty
second lines the following words. tnen
determine whether public convenience re-
quires the construction OF such road. ana
also by striking out all after he WORD 'writ-
ing in the ifty-thrd line to the woro III
in the ninetieth line, also by striking out
all the words between the word commits
sioners" In the ninety-6rst and the WORD
the" IN the ninety-sixth line, and Insert the
following words, approve said location 30
that said section, as amended, shall read
as follows:
Section 8. Every corporation organ
prnvfafouu bpfOra
commencing the construction OF its road'
shall present TO the railroad commission
ers petition for approval Of location. 40
companied with a plan Of the proposed line
on an appropriate scale. defining Its courses,
distances and boundaries, and with the WIFI
ten approval OF the proposed route and To-
cation ms to streets. roads or ways OF tine
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. III
the municipal officers upon a written ap-
plication therefor, neglect for thirty days
to approve a route and location ~ 20
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 &C
| copied by the corporation or otherwise, as
the case may be. excluding the day OF the
commencement of the session Of said court.
| II 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 such appeal upon
said municipal officers fourteen days. at
least. before the session Of said court, and
shall at the FIRST term file a complaint set.
| ting forth substantially the facts OF the
case. If the appeal Is then entered. and
not afterwards, the court shall appoint a
committee of three disinterested 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 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 thereon
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 as the
court may order. A failure to appeal shall
not bar the 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 deer
| reasonable and proper, in order that al
persons interested may have an opportuni
ty to appear and object thereto. At such
hearing any party claiming to be interested
may appear in person or by counsel and sucf
| appearance shall be entered of record. The
board of railroad commissioners. after hear
ing the petition. shall. II they approve sucf
location, subject to the provisions of section
nine, make a certificate of such determine
ton in writing. If the board of railroad
commissioners approve said location. the
corporation may then proceed with the con
struction of said road, provided that the!
| first fle with the clerk of county commits
sioners of the county In which said stree
railroad is to be located, copy of the 10
cation and plan aforesaid. and another copy
OF the same with the board of railroad com
missioners. Any extension of, addition t.
or variation from the location by any stree
railway organized under the provisions o.
this act may be made in accordance with
and subject to the limitations of the fore
going provisions, provided, that no railway
shall be 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 authort!
to determine whether such crossing shall b.
permitted shall rest with the municipal OF
| hcers of the cities or towns liable for tn
repair of such bridges, respectively, who ma,
impose such conditions and terms upoi
railways desiring to cross the same as {
| ~. In nm