Daily Kennebec journal., 1899-03-18

be paid by the parties. and costs taxe,
as the court may order
me secretary of state. SHALL upon pay
ment Of twenty dollars to the state treas
urer, cause the same with the endorse
ment thereon to be recorded, and shall Is
sue a certificate In the following form:
nam.n ne It * known 9S that where's there tn.
OF the association should be inserted
have associated themselves together viii
the intention of forming corporation
of the corporatiOnl for the purpose d
building and operating street railwa,
IN there insert description of the roa
contained In the articles Of association
and have complied with the statutes d
the state in such cases made and proyid
ed. Now therefore, / there insert tn.
name of the secretary. of the state o
Mainel hereby certify that said (names Of
subscribersI their associates and success
sors. are legally organized and estab
iishe4 as an existing corporation under
the name of [name of corporationl will
the powers, rights and privileges anf
subject to the limitations, duties and re
strictions which by law appertain thereto
Witness my official signature thereunt,
subscribed and the seal of the state OF
Maine hereunto affixed this day of
lday, month and year inserted
Ihe secretary OF state shall sign the
same and cause the seal of the state tc
be Affixed, and such certificate shall be
conclusive evidence of the organiZa tiO'l
and establishment of such corporation at
the date thereof. phe secretary of state
shall also cause a record of such certiti-
cate to be made, and IA certified copy Of
such record may with like effect as the
original certificate be given in evidence
to prove the existence Of such a corpora
ton.
Section 2. 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 public laws of eighteen hundred
and ninety-live and chapter two hundred
ana forty-nine Of the public laws Of
eighteen hundred and ninety-seven is
hereby amended by striking out in the
fourth line thereof, the words defining
its courses, distances and boundaries. y
and by striking out in the fifth line the
words map and route and insert in
place thereof the words plan and
line and insert after the word
scale in The sixth line the words
boundaries ana also by striking out
from the fifty-iirst and fifty-second lines
the following words, then determine
whether public convenience requires the
construction Of such road. and, also by
striking out all after the word writing
in the fifiy-third line to the word 'if'J in
the nineticth line. also by striKing out all
the words between the word commits
sioners'' in the ninety first and the word
the in the ninety-sixth line, and insert
the following words. approve said 10
shall read as follows:
under the foregoing provisions before
commencing the construction of its road,
shall present to the railroad commission
erS petition for approval of location.
accompanied, with plan of the proposed
line on an appropriate scale, defining its
courses, distances and boundaries, and
with the written approval of the proposed
route and location 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.
nd "A
by skilled engineer. If the municipal
officers upon "A written application there
for. neglect for thirty days to approve q
route and location as to streets, roads,
or ways. or if they refuse to approve such
a route and location, or if such route and
location approved by them is not accept
ed 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
or from the date of such refusal, or
from the approval of location that is
not accepted by the corporation or other
WISE. as the case may be, excluding. the
Of said court. Ii said railway IL located
In two or more countless the supreme ju-
dicial court in either, county shall have
jurisdiction of any such appellate proceed
ings. The appellants shall serve written
notice of such appeal upon said munici-
pal officers fourteen days. at least. before
first term file IL complaint setting forth
substantially the facts of the case. If
the appeal is then entered. and not after
wards. the court shall appoint "a commit.
tee of three disinterested persons who
shall be sworn and If 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 he mt aft fhatr int v,ant Il
filming 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 cer-
titled 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 cor
poration from making Il new application
to the municipal officers. Said commits
sioner shall. upon presentation of such
petition. appoint day for Il 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 OPP
portunity 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 en-
tered of record. The board of railroad
commissioners. after hearing the petition,
shall if they approve SUCH location, sub
ject To the provisions of section nine,
in writing. II the board Of railroad COM
missioners approve said location, the cor
poration may then proceed with the con-
structiOn of said road. provided that they
first file with the clerk OF county commits
sioners of the county in which said street
railroad is TO he located. q copy of the
location and plan aforesaid. and another
copy of the same with the board of rail-
road 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 subject to the
limitations of the foregoing provisions,
provided. that no railway shall he locat-
ed 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
Hidgesis already erected. but the author
ity TO determine whether such crossing
shall be permitted shall rest with the
officers of the cities or towns
liable for the repair of such bridges re-
spectivcly. who may impose such cOndi-
tions and terms upon railways desiring
expetlient. In ease any county Is liable
for the repair of n bridge, the county
commissioners of such county shall have
authority 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 alder
men thereof. unless ii shall be otherwise
determined by "A committee Of judges of
the supreme judicial court, on appeal.
as hereinbefore provided for appeals from
the decisions OF the board of railroad COM