Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-12-12

Imprisonment in the state prison not exceedint
five years, in the discretion of the court; and
the death of any person thereby ensue, the per
son so offending shall be deemed guilty of man
slaughter and punished accordingly.
Sec. 9. 1t shall be the duty of every railroad
company within this state, TO have a printeC
copy OF the foregoing section hung or posted
up, on every engine, and in every passenger car
when IN use, and in every passenger and freight
depot belonging to such company
SEC. 3. II any railroad company shall en-.
ploy, or retain in lis service. any conductor. On.
glneer, brakeman, or switchman, who shall
make use of intoxicating liquors as a beverage
such iact beng known to the president, super.
lntendent, or any one of the directors of such
road, such corporation, upon conviction thereof
III the county court, shall forfeit and paw into
'ne treasury OF the state, sum not less than
thiee hundred, nor more than three thousand
dollars, together with costs of prosecution and
shall also be liable for all damages which any
person may sustain by the employment or re-.
tentIon of such conductor engineer, brakeman.
or swtchman.
SEC A. Any person, through whose lands
any railroad passes, may, after said road is put
III operation, make complaint in writing to the
commissioners provided for in the act TO which
'hIs Is IN addition, that he is aggrieved by the
hegiect or default OF any railroad company, in
erec'ng' constructing, or maintaining fences,
catte>yards, or farm crossings which said COM
pahy Is bound to construct or maintain; or that
ne Is aggrleved by their stopping, impeding or
aHerihg any wa'ercCurse, or by their making
or stopping any ditch. The complaint shall re-
qulre The corporation to appear before the com
Inlssloners at a time and place therein appointed
10 show cause why the commissioners shonld
not make an order in the premises, and shall be
served upon the corporation in due form of law
upon the hearing, the commissioners may make
an order IN writing, thereby requiring the cor
poraton 10 erect; construct, or maintain in rCod
repair such fence, catle-guard or farm crossing,
Wlth'n such time as they may require, or to
make or alter any such water.course or ditch.
or to remove such impedment to the same with.
IN such time as they may require The cor
poratlon falling to comply with such order shall
forfeit and pay to the party aggreyed the sum
Il twenty dollars with costs OF prosecution, to
he recovered in an action on tue case. and shall
tie turther liable to the party aggrieved for all
damages he may sustain in consequence of non
compliance with snch order: ProrMod. such
corporation shall not be required BY such order
% open any ditch while the ground is frozen.
nor to alter the natural course of anv water
course, nor to do any act in regard to any wa
ter-course which they are not legally bound to
do nor be required TO comply with such order
till ten days after being served with COPY
thereof
Sec. B. No railroad CORPORATION shall have
the power to take, otherwise than by purchase
any water or spring of water which the owner
thereof shall require for the reasonable and con-
venlent use of his own premises and where
such owner and corporation cannot agree as to
what water is necessary for the reasonable and
convenient use of such owners premises, the
corporation shall first apply to commissioners to
determine the same before taking such water.
and give such owner twelve DAYS notice in writ
ing OF the time and place where such appllca-
ton will be heard.
SEC. q. No land without the limits of their
road shall be taken by any railroad CORPORATION
for the requisite and convenient accommodation
OF their road, without the permission of the
owner thereof, unless the commissioners, on
the application OF the corporation, and after
twelve days notice TO the owner, shall first pre-
scribe the limits within which such land shall
be taken.
SEC. T. Whenever any railroad corporation
shall, in the laying out, building, grading, or
making of their road cause any obstruction to
the travel or means Of access to anv manufac-
tory, mill, place Of business, or dwelling house,
or shall continue such obstruction, sucn corpo-
ration shall be liable to pay to the person there
oy injured such reasonable compensation as the
commissioners for determining railroad damages
shal! deem proper. The person 50 claiming
to be aggrieved shall make application in writ
ing TO the commissioners, setting forth such
grievance, aud such application, with notice
from the commissioners to the corporation OF
the time aud place OF hearing, shall be served
on the corporation in due form of law
Approved November 49, 1851.