The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

An ACT to Amend Section Thirty or
Chapter Twenty-four of tho Re
Crossing OF Railroad Tracks b.
Town ways and Highways
BE ii enacted, etc;
Section thirty OF chapter twenty
four Of the revised statutes 10 HEREBY
amended by striking out all OF said
section and substituting therefor the
folio wing
section 80 Town ways and high
ways may be laid out across. over or
under any railroad track, except that
no such location shall DO legal or eff
fective, nor shall any such way be
CONSTRUCTED, unless the public utilities
commission. ON application of the mu-
uicipal officers of the CITY or town,
wherein such way 10 located. or OF the
parties owning or operating tho rail-
road shall, upon notice and hearing,
determine that such way shall be por-
lmitted to cross such track. Said com
mission shall have the right to refuse
It's said permission or to grant the
same upon such terms and conditions
az II may prescribe in including the
manner and conditions In accordance
with which the way may cross such
track and whether the expense OF
building and maintaining so much OF
said way as Is within the limits Of
such railroad shall be borne by such
railroad company, or by tho oity or
town In which such way Is located or
shah be apportiOned between such
company and city or town as may De
determined by said commission. said
commission shall mako report In
writing OF Its decision thereupon, nlc
the samo In its Office and cause to DO
sent by mail or otherwise to each OF
| tho railroad corporations. and tho
municipal officers OF tho city or town
AZ the ease may be, interested therein
| copy of such decision Such decision
t,n NJ
parties unless an appeal therefrom
shall be taken and entered at the next
succeeding term Of the supreme
| judicial court. to be held In the coun
| ~ where the crossing Is located, more
| than thirty days after the date of tho
nlinE of the report; and said public
utilities commission shall be made IA
Iparty defendant In suoh appeal and
Ientttlcd to be heard In all subseaueni
proceedings had upon such appea
Irhc appellant shall within fourteen
days from the date of the fling OF
such report fle In the ofilce of the
Ipuhlic utilities commission It's reason
Cor appeal and fourteen days at least
before the sitting of tho appellate
court II shall cause to be served upon
municipality copy of such reasons
for appeal certified by the clerk OF
the public utilities commission, The
presiding justice at such term OF
court snail make SuCn OFu6F OF ueCToo
thereon ms law and justice may re-
quire. Exceptions may be taken 70
such order or decree. The final ad-
Indication shall be recorded as pro
vided In section thirty three of this
chapter and n copy OF suoh Anal de
oislon sent to the public utilities com
mission by the clerk of tho court
where such final adjudication is made
Costs may be taxed and allowed t.
either party at tho discretion OF the
court
approved March Is. 1911
CHAPTER ~.
IAN Act to Amend Section Thirty
four OF Chapter Twenty-four OF the
Revised Statutes Relating to High
way Crossings of Railroads.
BE 1t enacted. etc:
Section thirty four OF ohaptel
twenty -four OF the revised statutes Is
hereby amended by striking out Of
said section the FIRST twenty word
thereof and substituting therefor the
following Any railroad company, OF
the municipal officers of city OF
town In which public way crosses OF
Is crossed by railroad. whether sucl
crossing be at grade or otherwise,
and by striking out the words mot al
grade" In the sixth line of said sec
ton 80 that said section as amended
shall read as follows
Section "a Any railroad company
or the municipal officers of city OF
town In which public way CROSSES
or Is crossed by a railroad, whether
such crossing be at grade or other
wise, may file petition In writing
with the public utilities commission
alleging that public safety requires
the adjustment OF or an alteration In
such crossing, or Its approaches, or q
change In the method of crossing q
public way; or tho closing of a cross
Ing and the substitution of another
therefor; or tho removal of obstruo-
tons to the sight at such crossing
and praying that the Same may be
ordered: whereupon said commission
shall appoint time and place for a
hearing thereon after notice of not
less than ten days to tho petitioners
the state highway commission. the
corporation. the municipality In which
such crossing Is situated. tho owners
or occupants of tho land adjoining
such crossing, or adjoining that part
OF tho way to be changed in grade,
and to the attorney general of the
state, whose duty II shall be by him
self or through tho county attorney
|of the county wherein the crossing Ia
located, to represent the interests of
the state at such hearing. After such
notice and hearing the commission
shall determine what abolishment,
alteration, change or removal, II any,
oh ba FOR fatu a