The Republican journal., 1903-04-09

commitment and board of the accused
while so in Jail shall be paid by the county
in which said Jail is situated. Ii ne gives
the required bond after said commitmene
he shall be liberated upon payment or cost
of commitment and board
| [Approved Feb. 26.]
Chapter rs.
An Act to enlarge the powers OF street
| Railroads in taking Lands.
| Section l. Any street railroad corpora
for public uses land for borrow and gravel
pits, spur tracks thereto, side tracks, turn
outs, stations, car barns, pole lines, wires,
| installing and maintaining power plants,
alignment thereof, changing or avoiding
grades, or for avoiding grade crossings or
any railroad; but if the owner of said
land does not consent thereto, or if the
therefor OF the area necessary to be TAKEN
| the corporation may make written appli-
| cation to the railroad commissioners, de-
scribing the estate and naming the persons
supposed to be interested; the commission
ers shall thereupon appoint a time for the
meeting near the premises, and require
notices to be given to the persons so in
terested as they may direct fourteen days
view the premises, hear the parties and de-
termine how much, if any, of such real es-
tate is necessary for the reasonable accom-
mediation of the traffic and appropriate bus
mess of the corporation. If they find that
any of it is so necessary, they shall furnish
the corporation with a certificate contain
ing a definite description thereof; and
when it is filed with the clerk of courts in
the county where the land lies, it shall be
deemed and treated as taken; provided,
however, that when land is held by a ten
ant for life and the reversion is contingent
as to the persons in whom it may vest
%1,of of ha "a Cfotn CJInk1
fact shall be stated in an application and
the commissioners shall, in addition to the
notice to the tenant for life, give notice by
publication to all others interested in such
matter as they deem proper.
Section 2. The land taken under section
one shall not be entered upon except to
make surveys before the certificate afore
said has been filed with the clerk of courts.
All damages shall be determined and paid
as provided by chapter fifty-one of the
revised statutes for lands taken by rail-
roads, and chapter two hundred and thir-
ty-six of the public laws for one thousand
eight hundred and nnety-three shall be
applicable thereto. No meeting house,
dwelling house, public or private buryins
grounds shall be so taken without con-
sent of the owners. Nothing herein con-
tained shall authorize the taking of lands
already devoted to railroad uses except in
cases where the railroad commissioners
determine that such lands may be crossed
in such manner as to avoid grade cross
ingS with railroads
[Approved Feb. 26.1
Chapter 26.
An Act to repeal Sections thirty-four,
thirty-five, thirty-six. thirty-seven and
thirty-eiSht of Chapter tWenty-siX OF the
Revised Statutes, relating to inQuests in
cases of suspected Incendiarism.
Sections thirty-four. thirty five, thirty
six thirty-seven and thirty eight of chap
ter twenty-six of the revised statutes are
hereby repealed.
[Approved Feb. 26.]
Chapter 27.
An Act to amend Chapter fifty-two of the
Public Laws of eighteen hundred and
ninety-five. relating to the salary of the
Register OF Probate for the county of
PenobScot.
nineteen hundred and three, the register
of probate for the county of Penobscot
shall receive an annual salary OF fifteen
hundred dollars, and an additional allow
ance of eight hundred dollars for clerk
hire; said salary and allowance to be paid
from the county treasury and to be in
stead of the salary and fees now provided
by law, and all fees now received by said
register as register of probate or regis
ter of insolvency shall be paid by said reg
lister into the county treasury for the use
Section 2. This act shall take effect
when approved.
[Approved March Al
Chapter %.
An Act to amend Chapter two hundred
and thrty-siX of the Public Laws of one
thousand eight hundred and ninety
three, relating to the taking Of lands or
other property by Railroads.
Chapter two hundred and thirty-six Of
the public laws of one thousand eight hum
dred and ninety-three is hereby amended
by striking out the words railroad COM
pany" wherever the same occur and sub
stituting in place thereof the words rail
road or street railroad company so that
said chapter as amended, shall read as fol-
lows:
The county commissioners in awarding
damages for land or other property taken
by any railroad or street railroad company
shall have the power on the application OF
such railroad or street railroad company
to prescribe such terms and conditions in
all respects for the use of the land or
property taken by the owners thereof and
the railroad or street railroad company re-
spectively as will secure the best accom-
mediation of the owners and the proper and
convenient use of the same by such rail
road or street railroad company They
shall in their award set forth all such
terms and conditions so imposed by them.
In case of appeal by either party the only
question in issue shall be the amount or
measure of damages on the terms and con-
ditions imposed by the commissioners
LApprovcd March Al
Chapter 20.
An Act to correct an error in Chapter sew
hundred and ninety-nine, and to amend
Section two of Chapter sixty of the Re
vised Statutes, allowing divorces in
state provided lihellee resides therein
Section l. Section two of chapter sixty
of the revised statutes, as amended by
chapter one hundred and seventy-nine of
the public laws of eighteen hundred and
ninety-three, and by chapter seventy-nine
of the public laws of eighteen hundred and
ninety mine, is hereby further amended by
inserting after the word proceedings" in
the twelfth line of said section of the re-
vised statutes, the following words, or if
the libellee is resident of this state, SO
that said section as amended, shall read
as follows:
Section 2. A divorce from the bonds of
matrimony may be decreed by the SUI
preme judicial court in the county where
either party resides, at the commencement
or proceedings, for ca uses of adultery, inn
potence, extreme cruelty, utter desertion
| continued for three consecutive years next
| prior to the fling of the libel, gross and
| confirmed habits of intoxication from the
| use of intoxicating liquors, opium or other
| drugs cruel and abusive treatment, or on
| libel of the wife. where the husband being
of sufficient ability or being able to labor
| and provide for her, grossly or Wantonly
and cruelty refuses or neglects to provide
suitable maintenance for her; provided
| that the parties were married in this state
or cohabited here after marriage; or if the
/ libelant resides here when the cause of
| al, 1,od oci1 1o1 Ifsra it,