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day of

-to be

amended.

CHAP. 119 ing 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 thereunto subscribed and the seal of the state of Maine hereunto affixed this

(day, month and year inserted.) The secretary of state shall sign the same and cause the seal To be evidence of of the state to be affixed, and such certificate shall be conclusive establishment of evidence of the organization and establishment of such corporacorporation.

tion at the date thereof. The secretary of state shall also cause

a record of such certificate to be made, and a certified copy of recorded.

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 6,

Section six of chapter two hundred and sixtyeight 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 is hereby amended by striking out in the fourth line thereof, the words “defining its courses, distances and boundaries,” 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 ‘defining its courses, distances and boundaries,' and also by striking out from the fifty-first 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 fifty-third line to the word “if" in the ninetieth line, also by striking out all the words between the word “commissioners” in the ninety-first and the word "the" in the ninety-sixth line, and insert the following words, 'approve said location, so that said section, as amended, shall read as follows:

‘Section 6. Every corporation organized under the foregoPetition for approval ing provisions before commencing the construction of its road,

shall present to the railroad commissioners a petition for approval of location, accompanied with a 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, and with a report and estimate prepared by --may be taken to a skilled engineer. If the municipal officers upon a written judicial application therefor, neglect for thirty days to approve a route

supreme

cause, loca

and location as to streets, roads, or ways, or if they refuse to Chap. 119 approve such a route and location, or if such route and location court for

approval, if approved by them is not accepted by the corporation, in either for any case, said corporation may appeal to the next term of the tion fails. supreme judicial court to be held in any county where any part of said railway is located, more than thirty days from the expiration of said thirty days, or from the date of such refusal, or from the approval of a location that is not accepted by the corporation or otherwise, as the case may be, excluding the day of the commencement of the session of said court. If said --proceed

ings. railway is located in two or more counties, the supreme judicial court in either county shall have jurisdiction of any such appellate proceedings. The appellants shall serve written notice of such appeal upon said municipal officers 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. If the appeal is then entered, and not afterwards, the court shall appoint a committee of three disinterested persons who shall be svorn 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 the court after their appointment, defining therein the route and location as to streets or ways as deter-, mined by them, which after acceptance and entry of judgment thereon, shall forthwith be certified 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 -certificate order. A failure to appeal shall not bar the corporation from déle, comamitmaking a new application to the municipal officers. Said com

to railroad missioners shall, upon presentation of such petition, appoint a

commisday for a 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 opportunity 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 entered of record. The board of railroad commissioners, after hearing the petition, shall, if they approve such location, subject to the provisions of section nine, inake a certificate of such determination in writing. If the board of railroad commissioners approve said location, the cor

-endorseporation may then proceed with the construction of said road, ment of loprovised that they first file with the clerk of county commission- railroad ers of the county in which said street railroad is to be located, sioners. a copy of the location and plan aforesaid, and another copy of

be certified

sioners.

made in location.

cross tide waters ex

CHAP. 120 the same with the board of railroad commissioners. Any -how extension of, addition to or variation from the location by any changes may be

strect railway organized under the provisions of this act may

be made in accordance with, and subject to the limitations of -shall not

the foregoing provisions, provided, that no railway shall be

located across tide waters, where vessels can navigate, without cept by permission

special permission of the legislature first obtained. But no of the legislature.

such permission shall be necessary where such railways desire to

cios public bridges already erected, but the authority to deter-crossings mine whether such crossing shall be permitted shall rest with the of public bridges, shall municipal officers of the cities or towns liable for the repair of be by permission of such bridges, respectively, who may impose such conditions and municipal officers. termıs upon railways desiring to cross the same as to them may -when seem expedient. In case any county is liable for the repair of county is liable for a bridge, the county commissioners of such county shall have repair of bridge, auiliority in the premises. But no road shall be located under county commissioners this aci, over any street in any city in this state, without the shall have authority. pern;ission of the mayor and aldermen thereof, unless it shall be -no road

otherwise determined by a committee of judges of the supreme shall be located in

judicial court, on appeal, as hereinbefore provided for appeals any city, without per- from the decisions of the board of railroad commissioners, and mission of mayor and aldermen.

such appeal may be taken by any party interested, including an existing street railroad claiming to be injuriously affected by such location, to the supreme juaicial court, substantially in the manner and with the effect as hereinbefore provided.'

Approved March 17, 1899.

Chapter 120.

An Act to amend Chapter eighty-seven of the Revised Statutes, as amended by

Chapter two hundred and eighteen of the Public Laws of eighteen hundred and ninety-three and Chapter one hundred and thirty-three of the Public Laws of eighteen hundred and ninety-five, relating to the limitations of actions against Executors and Administrators.

Section 11,
chapter 87,
R. Š.,
repealed.
Section 12,
as amended
by chapter
133, laws
1895, further
amended.
Actions
against ex-

Bc it enacted by the Senate and House of Representatives ir Legislature assembled, as follows:

Section 1. Section eleven of chapter eighty-seven of the revised statutes is hereby repealed.

Section 2. Section twelve of said chapter eighty-seven as amended by chapter one hundred and thirty-three of the public laws of eighteen hundred and ninety-five is hereby amended so as to read as follows:

'Section 12. No action shall be maintained against executors or administrators on claims against the estate, except as

after notice

ment.

-executors,

ing out of the state,

an agent or

the state on whom demand or

Section 13, as amended

218, laws
1893, further
amended.

may be

provided in sections thirteen and fifteen, unless commenced CHAP. 120 after six months and within eighteen months after notice given ecutors or by him of his appointment. Executors or administrators resid- tors is not

maintaining out of the state at the time of giving notice of their appoint- able, unless ment, shall appoint an agent or attorney in the state, and insert after six

months and therein his name and address. Executors or administrators, within

eighteen

months removing from the state, after giving notice of their appoint

of appointment, shall appoint an agent or attorney in the state and give public notice thereof; service made on such agents or attorneys has the same effect as if made on such executor or administrator. etc., residWhen an executor or administrator, residing out of the state has

are required

to appoint no agent or attorney in the state, service may be made on one of his sureties with the same effect as if made on him.'

attorney in Section 3. Section thirteen of said chapter eighty-seven, as aniended by chapter two hundred and eighteen of the public service may laws of eighteen hundred and ninety-three, is hereby amended so as to read as follows:

by chapter 'Section 13.

When assets come into the hands of an executor or administrator, after said term of eighteen months, an action may be commenced and maintained within six months When action after the creditor had notice of the receipt of such assets. Judg- when assets ments rendered in any action authorized by this section shall not hands of disturb payments made in good faith by the executor or admin

after said

eighteen istrator prior to the commencement of said action.'

Section 4. Section fourteen of said chapter eighty-seven is Section 14, hereby amended by striking out the words "two years” in the chapter 87, second line of said section, and inserting in their place the words amended. 'eighteen months,' so that said section, as amended, shall read as follows: 'Section 14. When an action on a covenant or contract does

Proceedings, not accrue within said eighteen months the claimant may file his demand in the probate office within that time, verified as

in eighteen required in case of claims presented to commissioners on insol- months. vent estates; and the judge of probate shall direct that sufficient assets, if such there are, shall be retained by the executor or administrator, unless the heirs or devisees of the estate give bond to the executor or administrator, with one or more sureties, approved by the judge to pay whatever is found due on said claim.'

Section 5. Section sixteen of said chapter eighty-seven is hereby amended by striking out the words "two years” in the secon: line of said section and inserting in place thereof the words 'eighteen months', so that said section, as amended, shall read as follows:

executor, etc

months.

when action does not accrue wit

Section 16, amended.

CHAP. 121 When claim is not filed within eighteen months, remedy.

Section 17, amended.

Section 16. When such claim has not been filed in the probate office within said eighteen months, the claimant may have remedy against the heirs or devisees of the estate within one year after it becomes due and not against the executor or administrator.'

Section 6. Section seventeen of said chapter eighty-seven, is hereby amended so as to read as follows:

‘Section 17. When a vacancy occurs within said eighteen months and an administrator de bonis non is appointed, an action may be commenced after six months and within eighteen months after notice given by him of his appointment.'

Section 7. This act shali, not apply to any pending action nor to any cause of action against estates in which administration has already been granted.

Time within which action can be brought against administrator. de bonis non.

Act shall not apply to pending actions.

Approved March 17, 1899.

Section 8, chapter 60, R. Š., amended.

Chapter 121.
An Act to amend Section eight of Chapter sixty of the Revised Statutes, regulat-

ing the right to trial by jury in Divorce Suits.
Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. Section eight of chapter sixty of the revised statutes is hereby amended by inserting after the word "requests, in the first line thereof, the words 'in writing filed with the clerk on or before the return day of the libel,' so that said section, as amended, shall read as follows:

'Section 8. If either party requests in writing filed with the clerk on or before the return day of the libel, or the court orders it, the case shall be submitted to a jury; and if they find the allegations are true, and that a divorce ought to be granted according to section two, the court shall so decree.'

Section 2. This act shall not affect pending cases.

Jury tria.

Approved March 17, 1899.

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