Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-11-29

misdemeanor, and shall on conviction thereof be
subject to fine and imprisonment as herein before
provided in the second section of this act.
And said Commissioner shall have power for
the purpose aforesaid to examine any Of the
books, papers, or documents of the corporation
or its directors, treasurer or officers and those Of
the assignees, Or trustees, or persons in the di-
rection or control of said road, and also under
oath to examine any Of said persons Or their
employees or other persons He is empowered
to issue subpenas and administer oaths in the
same manner and with the same power to en-
force obedience thereto, in performance Of his
said duties, as belong and pertain to courts of
law in this State. And any person refusing
access by said commissioner to such papers, or
any director, trustee, or assignee, lessee or other
officer, clerk or employee Of said road who shall
obstruct said access or refuse to furnish any in
formation required by said commissioner in dis
charge of his duty, shall be deemed guilty of a
misdemeanor, and shall be liable on conviction
to fine and Imprisonment as herein before pro-
vided in the second section of this act
Sec. 7. If any person in making any such
returns to said commissioner as herein provided,
or in furnishing information or.makng state
ment to him on oath, when by him required,
shall be guilty of willful falsehood or suppress
sion of truth, he shall be deemed guilty OF per-
jury and punished accordingly.
Sec. 8. Said commissioner shall report TO
the General Assembly whether any railroad cor
poration has, within the year previous, exceeded
its legal powers, or in any way incurred forfeit
ture of its franchise. that proceedings may be
taken therefor And shall also report what fur
ther legal provisions should, in his opinion, he
adopted in relation to railroads.
Sec. 9. The amount of the salary and expen-
ses of said commissioner shall be audited and
allowed on proper vouchers by the auditor Of
accounts, and be paid by the treasurer of the
State, and tho said amount shall be equitably
apportioned by said treasurer to the several
railroad companies according to the time EN-
ployed by said commissioner, and the amount OF
expenses by him incurred tor them, severally,
in pursuance of this act; and said proportional
part so determined by said treasurer shall be paid
him on demand for the benefit Of the state by
each of said railroad companies, their directors
or the persons in the actual direction and con-
troll or use of said roads respectively; and in
default of such payment the treasurer may and
shall issue his warrant to any sheriff OF any
county in the State for the collection thereof,
who shall collect the same out Of the goods and
chattes of said railroad company, and any en-
gines cars or other articles in use on said road
by the persons managing, using, or conducting
said rord, and which have at any time been
owned by said corporation or person, shall be
deemed and taken to be the property Of said
company for this purpose and be subject to he
taken and sold by virtue of said warrant by said
sheriff in the same manner as personal property
is taken and sold on execution.
sSec. 10. When any injury to the property
or person of another shall be sustained through
the default of railroad corporation or other
person having the control or management of q
railroad, their agent Or employees, the cars,
engines and all other property, which at the
time of such injury shall be subject to use in
the running and management Of said road, and
which has at any time been owned by said cor
poration or other person, shall be deemed to be
the property of said corporation or other party
or person having the control and management
Of said road, for the purpose of furnishing in
demnity for such injury, and may be attached
and levied upon as such at the snit Of the party
injured.
approved, November l4th, 1855.
No q An act relating to the lands of rail
road corporations.
II is hereby enacted By the General Assembly
Of tic State Of Vermont, as folloDs
Sec. l No person shall hereafter acquire "A
title to any lands belonging to any railroad COR
poraton in this State by reason of any adverse
possession thereof Of more than fifteen years
Pror,dcd, that this act shall not refer to any
land Of any railroad corporations except where
such lands lie within the limits Of the roadway
of such corporation as recorded in the town
clerk Office of the towns wherein such lands lie.
Approved, November l4th, 1855.
No. 2S.An act relating to railroad corpora
tions.
his hereby enacted by tie General Assembly
of the Slate Of Vermont, as follo,os:
Sec. When any railroad corporation in
this State shall have constructed a railroad
across any public highway, either by passing
upon, over, or under the travelled path of such
highway, such corporation shall, at all times,
keep in good and sufficient repair and rebuild
when necessary, all bridges culverts, crossings
and other constructions which have been, OF
shall hereafter be made, for the accommodation
safety, and convenience Of the public travel on
such highway, over, under, or upon such rail
road. Any railroad corporation, which has OF
shall hereafter 80 construct railroad across
any highway as aforesaid, shall be liable to til,
town within whose limits such crossing shall be
for any damage or injury that shall accrue b,
reason OF their not complying with the term
and provisions of this act to be recovered in an,
proper action brought therefor.
Sec. 2. Any person, or persons having tn
possessions of, control, or management Of an,
such railroad, or of the engines and cars run
ming thereon, either as lessees, assignees, o
trustees, Or in any other capacity, shall perform
the same duties and be subject to the same liza
bilties, to be enforced in the same manner, a
isprovided in the first section of this act, in tn
case of the railroad corporation.
Sec. 8. II the seiectmen, or persons actin
In a like capacity, in any town or city in thi
State in which any crossing may be, shall at an
time be of she opinion that such bridge. culyert
crossing, or other constructions require repalrin
or rebuilding in order to be safe for travel there
on, they may notify the person or persons who's
duty it is made by this act to repair or rebuilt
the same thereof, by leaving written notice I
that effect with either the person acting as pres
dent, or the superintendent of such road, or tn
clerk Of said corporation. And if such person
or persons, shall neglect to repair or rebuild tn
same tor the period OF one month after the motto
aforesaid. the same town or city may repair O
rebuild the same, and recover the expenses there
o. OF snch person or persons, in an action q
general assampsit for work and labor done
together with costs of suit.
Sec. a. Nothing in this net shall be so cor
strued us to interfere with any express contrac
which has been or may hereafter be made betwee
any railroad corporation, or other persons herei
referred to, and any town or city relative to til
keeping in repair or rebuilding of any sue
bridge, culvert, crossing, or othei construction
Sec. 8. This act shall take effect from i
passage.
Approved, October 9th, 1855.
No. 29.-An act in addition to chapter twent
three of the Compiled Statutes entitlc
Railroads" providing for the disposition