Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1848-12-29

the commissioners being allowed three dollars
per day, each, by said company, or on depos-
ting in any bank IN either county through
which said road passes, The amount of such
damages to the credit of the person or corpo-
ration to whom the commissioners shall have
awarded the same, aud giving such person or
corporation notice thereof, said company shall
I've deemed to he seized aud possessed Of such
land or real estate so appraised.
| In case the owner Of any land or real estate
taken 10y said company shall lie married wo-
mnn, M infant idiot or insane, or shall reside
out Of this State, said company shall cause such
damages to he determined in the manner above
prescribed aud shall pay such damages to such
last mentioned owners whenever the same shall
he lnwiully demanded, with the interest thereon,
which amount and interest shall he specific
lien on the real estate of said company, and
shall he preferred TO any other demand against
the company.
See Z. Should said company, or the owner
of any land or real estate, feel nggreyed by the
decision of said commissioners, either party
may, within ninety days from the making of
said d cision, and notice thereof, or from the
removal Of the disabilities mentioned in section
six, or from the return Of such nonresident TO
this State, appeal to the County Court in the
County where such land or real estate lies
and the decision of said Court shall I've final
D
either party, as shall b. just aud equitable.
See. (. The board of directors may from
time 10 time fix, regulate aud receive tolls aud
charges for the transportation of passengers
aud property upon said road. prori3ed that,
upon the application Of ten frecholders in any
town or towns through which said road may
pass, the Supreme Court at any stated session
thereof, in either County through which said
road may pass, may alter or establish the rates
of toll upon said road, for any term Of time not
exceeding ten years at any one time, aud in
such a manner that said company shall not re-
ceive less than twelve per cenimnI. annually, on
The amount of the cost of said road, with the
buildings, furniture and other appurienunces
| OF the SAINT together with all charges and ex-
pense of said company. Said company shall
! keep true account of all expenditures in con-
structing and furnishing said road and keeping
the same in repair, and also for all money re-
ceyed for tolls and from other sources of profit
The books Of said company shall at ull times
be open TO the Inspection of any committee oi
the Legislature, or of the Supreme Court, and
any such committee may examine any Officer
| of said company under oath, in relation TO the
receipts and expenditures of said company.
SIC. 9. When in the construction of said
road it shall be necessary TO run upon, or cross
any stream of water, water course, or way, in
tersecting said Rail Road route or line, said
company may construct said road ucross oil
upon the same. Provided said company shal
| restore the stream, water course, road, or way
thus intersected, us near as practicable, TO IN
former state or usefulness, TO the acceptance o
the Selectmen Of the town where the same i
situated, or in case Of their refusal, TO the nc
ceplance of the commissioners to be appointed
under section six of this act. Provided, moth
ing in this act shall he 50 construed as to pre-
} vent the crossing OF said Rail Road, with team
or otherwise, in such manner as not TO nlur,
the saine: Aud said company shnll build nn'
keen q sufficient fence on each side of suiC
road through lis whole length.
SEC. TO- The board Of directors may cree
aud maintain such buildings ms they may deem
/, suitable for the use mud convenience of sli'
Rail Road, and said company may enter upo
any lands in the vicinity Of said Road, for III
; prpose OF procuring earth, sanh, gravel, O
stone, for building or repairing said Rail Roa'
l subject always to the provisions and iial'iinlt
: mentioned in section six of this act, for ascei
thinning the damages which the owner of land
2 80 entered upon shall have sustained or ma
D susiain by reason of such entry.
: SEC. IL. II any person shall wi.f,illy 10 :
cause 10 be done any net, whereby any bulk
: ing. engine, machine work, or any thing NJ
j pertaining to said Road, or any implement {
!, material 10 be employed in the construction
d said Road, or for the use Of the same, shall
" injured, distracted, stopped or destroyed, sue
i person. and every person aiding or abeiiir
therein, shall, for every such offence forfeit at
, nav TO said company treble the amount
rs damages found by any court or jury, befo
II whom trial shall be hal, AMI shall also he al
CT 10 indictment 10y the Grand jury of the Coun
=, in which such offence shall have been comm
id ted, and be punished MS for nis,leinennor.
Ie SEC. I2. The hoard Of directors may !
he quire the payment Of the sums subscribed
RS the capital stock Of said company, in such pr
ill portions, and at such times as they may dee
ny best, not exceeding ten dollars ut nny Que lin
as and one hundred dollars upon any one slio
he giving notice of the time and place of su
p pnyments twenty days previous thereto,
Ter some newspaper printed in a town throu
H. which said Road shall pass, and by let
Ter through the Post Office TO each stockhold
NJ Said company may enforce payment upon n
deIinquen, subscriber or his assignee, ufter
err, signments are authorized by said company,
ge an action at law for the recovery of such su
nix required to be paid as aforesaid, or all prevll
er- payments upon such subscriptions shall be !
ieiled, as the directors of said company n
ny deem advisable.
ch SEC. l3. The Office of the Clerk of :
be company shall be kept in some town ON
all line of said Road.
he = filiy yems from the completion Of said
he Road, the State may purchase the same oil
airs company, with all their franchises, prope
rights and privileges, by paying therefor
hin cost thereof, and such sum as after adding
lct, expenses and deducting the gross earnings
lhd amour, 10 ten per cenlum per annunl there
airs SEC. Is. Said company shall cause seos'
an bile and proper notice TO be given, OF the
lhe proach of any locomotive engine, upon q
Ier' Road, TO the place where said Road inny C
il's, any highway or private way, upon the 81
lhls level of said Road, aud shall cause sui,
on, signs TO be placed across each highway wi
aud the saine is crossed by said Rail Road on
heh same level, and said company shall he II
nm for amy damages sustained 10y any person
reason of their neglect of the provision
Dgl- this section, to be recovered in an action on
de- case by the person sustaining snch damage
pom SEc. is. Said company shall be requ
SION TO transport The United States Mail upon
nhy Road, by their regular trips; and In cas-
ven any disagreement between said company
ON. The General Government, relating TO the {
loid pensaIion for the same, The Supreme [
said shall, on application of either parry, define
d or establish The rates Of compensation,
inc rates shall he binding upon the parties
y in altered by said Court upon similar appllca'