The Portland daily press., 1899-03-20


said clerk shall notify all who have become
parties Of record as aforesaid or their coun-
sci of such determination, by sending TO
each such party or their counsel, by mall
certified copy OF such certificate so nIeu
with him. Any party of record who Is
dissatisfied with such determination may
appeal therefrom. at any time within NJ
teen days from the date of fling such certi-
fcate. 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. pro
vided such appeal is taken at any time WIN
In 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 commissioners, four
teen DAYS, at least, before the session OF
said court, and shall at the nrst term nls
complaint, setting forth substantially the
facts Of the case. Upon the entry OF said
tee consisting Of three Justices Of the su-
preme judicial court, of whom the preslu
ing Justice may, by consent of parties, be
one, provided. however, that one such JUS
tice may be mutually agreed upon and ap-
pointed as such committee, by the parties
to the appeal. Said committee shall ap-
point day for a hearing upon said ap-
peal, and the appellants shall give sueh
notice thereof as said committee deem rea-
sonable and proper, In order that all per
sons interested may have opportunity 10
appear and object thereto. Said committee
after such hearing, shall determine whether
public convenience requires the construc-
ton of such road The decision Of the com
mittee, or a majority thereof II three are
appointed when fled In court, shall be maj
and conclusive upon all parties without
further action of the court, and such de-
cision shall forthwith be certified to the
board OF railroad commissioners. Ine
compensation Of the committee shall be
paid by the parties. and costs taxed as the
court may order, 20 that said section, as
amended, shall read as follows;
Section 8. Said directors shall present
to the board OF railroad commissioners
ISOLATION, accompanied with a map OF the
proposed route on an appropriate scale
The board Of railroad commissioners
shall, on presentation OF such petit
tlon, appoint a day for nearing
thereon, and the petitioners shall give
such notice thereof as said board deems
reasonable and proper. in order that all
persons Interested may have an opportuni-
ty to appear and be heard thereon. AT
such hearing any party claiming to be In
terested may appear in person or by couh-
sci and such appearance shall be entered Oh
record. II the board of railroad commits
lsloners, after notice and hearing the parties
finds that all the provisions of sections one
and two have been complied with, ana that
public convenience requires the construction
of such railroad, said board SHAH endorse
lnnon said articles certificate of such facts
and the approyal of the board In writing,
which certificate shall be filed with their
clerk within thirty days after such hearing.
Within five days after the filing of such GER
fi6cate with him. said clerk shall notify
all who have become parties of record as
aforesaid or their counsel OF such deter
mInatlon. by sending to each such party
or their counsel, by mall certined copy
of such certificate SO filed with him. Any
marty of record who is dissatisfied with such
determination may appeal therefrom' at any
time within fifteen days from the date OF
filing such certificate, TO the supreme Ju-
dIcial court next to be holden In any coun-
" where an, part of said railway Is To-
Gated. more than thirty days from the date
of filing said certificate with said clerk as
aforesaid, excluding the day of the com
mencement 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 ap-
neal Ia taken at any time within three
months from the time when this act goes
into effect The appellant shall serve writ
ten notice Of such appeal upon said board OF
railroad commissioners. fourteen days. at
Hast before the session of said court, and
shall at the first term file complaint,
setting forth substantially the facts OF the
ease. 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, proVlueu'
however, that one such Justice may be mu-
tuaIy agreed upon and appointed as such
committee by the parties to the appeal. SAID
committee shall appoint a day for hear
ing upon said appeal. and the appellants
shall give such notice thereof as said com
mittee deem reasonable and proper, in order
that all persons interested may have OPP
portunity to appear and object thereto.
Said committee. after such hearing, shall
determine whether public convenience re-
ouires the construction Of such road. The
decision of the committee, or majority
thereof II 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 commits
sioners. The compensation of the commit
tee shall be paid by the parties. and costs
taxed as the court may order
The secretary of state, shall, upon pay
ment of twenty dollars to the state treas
H. ANn