The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1913-03-06

changed In grade, and to the attorney gem
eral OF the state. whose duty 1t shall be
by himself or through the county attorney
Of the county wherein the crossing is To-
state at such hearing And after such
notice and heaFing said commissioners
shall Determine what adjustment, aitera-
ton, change or removal, II any shall be
made for public safety and by whom such
abolishment, alteration. change or removal
shall be made. And to facilitate such abol-
ishmeht1. alterations changes or removals,
high Ways And other ways may be raised
or lowered or the courses Of the same may
be altered to permit railroad to pass at
poses land may be taken and damages
awarded as provided for laying out high
ways and other ways The commissioners.
shai u determine ss and fix the damages sus
and the speciai damages which the owner
Of land adjoining the public way may sus-
tam oy reason Of any chance In the grace
twesn ths~stats. the town in which the
crossing Is located and the. corporation
crosses such public way, and shall order
twehty five per cant thereof. to be paid by
the STATE. and ten per gent thereof to be
is locatsd. and the remainder thereof shall
be paid by the cdrpora tion owning or OPP.
GRAZING the rallroad. while the use Of
ny ny 7 Il ss out .as es
temporary way shall he nravided by the
sSsEpo s1as ss ss@m s sSs rn aS Or
act until they are satisfied. BY investiga-
E ton or othsrNise that the financial condi-
the railroad IN question win enable said
corporation to comply with such order, and
that ths probable benefit to the public will
penss resulting therefr6m. and that said
order can be compiled with without ex-
seeding the state appropriation available
Section .. Whenever the railroad COM
missloners. upon an application or petition
brought under the provisions OF section one
Of this act fpd that d public way crosses or
road ma the tracks Of such railroads are
SO neAr together that public convenience
requires the work Of abofishment, altera-
and IN compliance with one order. they
shall give notice to all the corporations OPP
Grating such railroads to appear before
sn END be heard upon the application;
commissioners shall determine what abol-
ishment alteration, change or removal, II
any. Of said crossing, shall be made and
be done and shall apportion the percentage
Of expense to be borne by the railroad cor
poratons as hereinbefore provided between
such corporations In such manner as said
commissioners shall deem Just and proper
Section g. The order OF the railroad com
missioners relating to any matter upon
the preceding sections Of this act shall be
communicated In writing to the petitioners
and to sli persons to whom notice of the
hearing on such petition was given, and
any person aggrieved by such order, who
was q party to such proceedings, may ap-
peal from such order to the supreme ju-
dicial court within and for the county in
which such way or crossing Is located In
the manner now provided by law for APP
peals from the findings OF the railroad com
missioners. ANY person aggrieved by the
mssioners il RELATION to damages for land
taken for the purposes OF this act may ap-
peal from said decision in the manner pro-
: vided for in section thlrty-sx of said chap
Maine fa eifs-'ns Of the revised statutes Of
Section 1. The amount to be paid under
the provisions of the preceding sections by
fifteen Thousand doila1s, and said sum. or
such portion thereof US may be required
shall be expended from the annual railroad
tax. 49, F'
Section s. This act shall not apply to
railroads Of less than standard gauge or
to street railroads. excepting, however,
that In all cases Where e. street railroad
has O right of way In public way crossing
\ RAILROAD the commission shall apportion
io such street railroad an equitable share
Vt the damages and expenses OF alteration
and the baiance 81 saaeh expenses and dam
eyes shall be apportionsd as provided In
section one of this act; and in all cases
where street railroad acquires the right
to lay it, tracks over crossing which has
been altered under the provisions OF this
act, the railroad commissioners shall fix
the amount which such railroad shall pay
to the state before it shall exercise its
right to lay its tracks over such crossing;
and in either case the commissioners shall
make such order for the apportionment of
the expense Of future maintenance OF such
crossing AZ they shall deem equitable.
section 3. All acts and parts of acts In
consistent with this act are hereby repeal
ed, and this act shall take effect January
frat, nineteen hundred fourteen
IApproved NauDh 81. 1siS.l
CHAPTER 1lS.
AN ACT to Amend Section Two of Chap