The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-12-10

road is put in operation, make complaint in
| writing. 10 the commissioners provided lor
in The act to which this is in addition. that
he is nggreved by The neglect or default q
any railroad company, IN erecting, con-
slrucling, or minimizing fences, rattle.
yards, or farm crossings, which said com
pany is bound TO construct or maintain or
that he is aggricved 10y their stopping, inn
peding or altering amy intercourse, or bv
their making or stopping any ditch. The
| complaint shall require the corporation
to appear belure the commissioners at
a time and place therein appointed, to
show cause why the commissioner,
should not make an order in The prem
ices, and shall he served upon the cor.
poraion in due form Of law. Upon the
hearing. the commissioners may make an
order in writing. thereby requiring the cor
poraliOn to erect. construct, or maintain in
good repair such fence, cattle quad or
farm crossing, within such tine as they
may require, RIO make or alter any such
water-coutsc Ur ditch, or 10 remove such
impcdimcnt 10 The same within such time
~ they may require. Tie corporation fail
ing 10 comply with such order shall forfeit
and pay To the party argsicved the sum of
twenty dollars with costs oil prosecution, to
lie recovered in an action on the case. and
shall he lurlher liable TO The party argriev-
ed for all damages he may sustain in con.
sequence oil Noncompliance with such or
der; Prordcd, such corporation shall not
be required by such order to open any ditch
while the ground is liozcn, nor to alter the
natural course oil any water course. nor to
do amy act in regard to any water course
which they are not legally bound 10 d. nor
he required TO comply with such order ill
ten days after being served with copy
thereof.
SIC. .. No railroad corporation shall
have the power 10 take. otherwise than by
purchase, any water or spring olwator which
the oWuer thereof shall require for the rca.
sonable and convenient use Of his own rrct,,-
q: and where such owner and the CORPORATION
cannot agree asto what water is necessary for
the reasonable and convenient use Of such
owners premises, the corporation shall fr,t
apply to commissioners to determine th,
sme before taking such water, and give such
owner twelve DAYS notice il writing of III,
Time and place where such application will
be heard.
SIC. c. No land without the limits Of
thcirIoad shall be tuken by any Railroad cor
pora'lon for requisite and con, enent ncrom-
modatlon OF their road. without the permits
ZION of the owncr thereof, unless the com
missoners, on the application Of the corpor
alton. and after twelve days notice TO the
owner, shall first prescribe the limits within
which such land shall be taken.
SIC. Z. Whenever any railroad corpoi-
nton shall, in the laying out, building. grad
ing, or making OF their road cause any OBJ
s'ruction 10 the travel or means of access 10
any mandatory, mill, place of business. or
dwelling house, or shall continue such Oh.
struciion, trch corporation shall be Liable 10
pay 10 he person thet cby Injured such rca
sonsh'e compensation ~ the commissioner.
for determining abroad damages shal deem,
proper. The person go claiming 10 be nc.
erieved shah make application in writing to
the COMMISSIONERS, setting forth such prlev
anee, mud such application, with a uotlc,
from The eommisslonrrs 10 The corpora ion Of
the time ard place Of hearing. shall he serr-
cd on ihe corporation in due form Of law.
Approved November 10, 1851.