Imagens da página
PDF
ePub

associated themselves together with the intention of forming a CHAP. 117 corporation under the name of' (here insert the name of the corporation) 'for the purpose of building and operating a road between' (here insert the description of the road contained in the articles of association) 'and have complied with the statutes of the state in such cases made and provided. Now, therefore, I', (here insert the name of the secretary) 'secretary of the state of Maine, hereby certify that said' (names of subscribers), 'their associates and successors, are legally organized and established as an existing corporation under the name of' (name of corporation) 'with the powers, rights and privileges, and subject to the limitations, duties and restrictions, which by law appertain thereto. Witness my official signature hereunto subscribed, and the seal of the state of Maine hereunto affixed, this day of———, A. D., (day month and year inserted.)

to be evthe estabcorporation.

idence of

lishment of

-to be

Section 6,

The secretary of state shall sign the same and cause the seal of the state to be thereto affixed, and such certificate shall be conclusive evidence of the organization and establishment of such corporation at the date thereof. The secretary shall also cause a record of such certificate to be made, and a certified copy recorded. of such record may with like effect as the original certificate be given in evidence to prove the existence of such a corporation. Section 2. Section six of chapter fifty-one is hereby amended as follows: By striking out the word "map" in the amended. fourth line and inserting the word 'plan' and by striking out the word "route" in the fifth line and inserting the word 'line' and by inserting in the fifth line after the word "scale" the words 'defining its courses, distances and boundaries' and by striking out in the fifteenth and sixteenth lines the following words "and finds that public convenience requires the construction of such road" so that said section, as amended, shall read as follows:

Petition for

location.

'Section 6. Every corporation organized under the foregoing provisions, before commencing the construction of its road, approval of shall present to the board of railroad commissioners a petition for approval of location, defining its courses, distances and boundaries accompanied with the map first presented, and with a profile of the line on the relative scales of profile paper in common use, and with a report and estimate prepared by a skillful engineer from actual survey. The board of railroad commissioners shall, on presentation of such petition, appoint a day for on notice to a hearing thereon, and the petitioners shall give such notice be given. thereof as said board deems reasonable and proper, in order that all persons interested may have an opportunity to appear and object thereto. If the board of railroad commissioners, after hearing the petition, approves the proposed location, the poration

-when cor

may pro

ceed with construction of road.

-proviso.

-location not to vary, except to avoid expense.

CHAP. 118 corporation may proceed with the construction thereof; provided, that they first file with the clerk of the court of county commissioners of each county through which the road passes, a plan of the location of the road, defining its courses, distances and boundaries, and another copy of the same with the board of railroad commissioners; but the location so filed shall not vary, except to avoid expense of construction, from the route. first presented to said board of commissioners, unless said variation is approved by them. And said location, together with any variation made therein, shall be filed within two years from the time when the articles of association are filed in the office of secretary of state. Provided, further, that no railroad shall be made across tide waters where vessels can navigate, without special permission of the legislature first obtained.'

-to be

filed within

two years.

-not to

cross nav

igable rivers, without consent of legislature.

Approved March 17, 1899.

Paragraph 2,

section 59, chapter 3, R. S.. amended.

Establishing police regulations.

Chapter 118.

An Act to amend Paragraph two of Section fifty-nine of Chapter three of the
Revised Statutes, relating to Town, Village and City by-laws and ordinances.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Paragraph two of section fifty-nine of chapter three of the revised statutes is hereby amended by adding to said paragraph the following words: 'And to regulate the use and the manner of the use of bicycles in the streets in the night time,' so that said paragraph, as amended, shall read as follows:

'II. For establishing police regulations, for the prevention of crime, protection of property, and preservation of good order, and to regulate the use and manner of the use of bicycles in the streets in the night time.'

Approved March 17, 1899.

Chapter 119.

An Act to amend sections three and 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-five and Chapter two hundred and forty-nine of the Public Laws of eighteen hundred and ninety-seven, relating to the organization and control of Street Railroads. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. The first eight lines of section three of chapter two hundred and sixty-eight of the public laws of eighteen hundred and ninety-three, is hereby amended by striking out all of the first sentence of said section, and inserting the following: 'Said directors shall present to the board of railroad commissioners a petition for approval of said articles of association, accompanied with a map of the proposed route on an appropriate scale. The board of railroad commissioners shall, on presentation of such petition, appoint a day for a hearing 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 opportunity to appear and be heard thereon. At such hearing any party claiming to be interested may appear in person or by counsel and such appearance shall be entered of record. If the board of railroad commissioners, after notice and hearing the parties, finds that all the provisions of one and two have been complied with, and that public convenience requires the construction of such railroad, said board shall endorse upon said articles a certificate of such facts and the approval 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 certificate with him, said clerk shall notify all who have become parties of record as aforesaid or their counsel of such determination, by sending to each such party or their counsel, by mail, a certified copy of such certificate so filed with him. Any party 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 judicial ccurt 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 shali 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 appeal is taken at any time within three months from the time when this act goes into effect. The appellant shall serve written notice of such appeal upon said

[blocks in formation]

CHAP. 119 board of railroad commissioners, fourteen days, at least, before the session of said court, and shall at the first term file a complaint, setting forth substantially the facts of the case. Upon the entry of said appeal, the court shall appoint a committee consisting of three justices of the supreme judicial court, of whom the presiding justice may, by consent of parties, be one, provided, however, that one such justice may be mutually agreed upon and appointed as such committee, by the parties to the appeal. Said committee shall appoint a day for a hearing upon said appeal, and the appellants shall give such notice thereof as said committee deem reasonable and proper, in order that all persons interested may have opportunity to appear and object thereto. Said committee, after such hearing, shall determine whether public convenience requires the construction of such road. The decision of the committee, or a majority thereof if three are appointed, when filed in court, shall be final and conclusive upon all parties without further action of the court, an such decision shall forthwith be certified to the board of railroad commissioners. The compensation of the committee shall be paid by the parties, and costs taxed as the court may order,' so that said section, as amended, shall read as follows:

Approval of articles by

railroad

commis

sioners.

-notice and hearing.

'Section 3. Said directors `shall present to the board of railroad commissioners a petition for approval of said articles of association, accompanied with a map of the proposed route on an appropriate scale. The board of railroad commissioners shall, on presentation of such petition, appoint a day for a hearing 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 opportunity to appear and be heard. thereon. At such hearing any party claiming to be interested nay appear in person or by counsel and such appearance shall be entered of record. If the board of railroad commissioners, after notice and hearing the parties, finds that all the provisions of sections one and two have been complied with, and that public convenience requires the construction of such railroad, said bcard shall endorse upon said articles a certificate of such facts and the approval 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 certificate with him, said clerk shall notify all who have become parties of record as aforesaid or their counsel of such determination, by sending to each such party or their counsel, by mail, a certified copy of such certificate so filed with him. Any party of record who is dissatisfied with such determination may appeal therefrom, at any time within fifteen days from the date of filing such cer

any

tificate, to the supreme judicial court next to be holden in 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, provided such appeal is taken at any time within 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, fcurteen days, at least, before the session of said court, and shall at the first term file a complaint, setting forth substantially the facts of the case. Upon the entry of said appeal, the court shall appoint a committee consisting of three justices of the supreme judicial court, of whom the presiding justice may, by consent of parties, be one, provided, however, that one such justice may be mutually agreed upon and appointed as such committee, by the parties to the appeal. Said committee shall appoint a day for a hearing upon said appeal, and the appellants shall give such notice thereof as said committee Geem reasonable and proper, in order that all persons interested may have opportunity to appear and object thereto. Said committee, after such hearing, shall determine whether public convenience requires the construction of such road. The decision of the committee, or a majority thereof if 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 commissioners. The compensation of the committee shall be paid by the parties, and ccsts taxed as the court may order.'

CHAP. 119

The secretary of state, shall, upon payment of twenty dollars when reto the state treasurer, cause the same with the endorsement thereon to be recorded, and shall issue a certificate in the following form:

corded, secretary of state shall issue a certificate.

certificate.

Be it known that whereas (here the names of the subscribers Form of to the articles of the association should be inserted) have associated themselves together with the intention of forming a corporation under the name of (here insert the name of the corporation) for the purpose of building and operating a street railway in (here insert a description of the road contained in the articles of association) and have complied with the statutes of the state in such cases made and provided. Now therefore, I (here insert the name of the secretary of the state of Maine) hereby certify that said (names of subscribers) their associates and successors, are legally organized and established as an exist

« AnteriorContinuar »