The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1865-11-24

lines for business 10 or from the road %
lntersected, the managers of such road
shall transport cars, passengers, baggage
and freight, 10 and from each of said in
tersecting roads. on the same terms and
shall establish no rules, regulations or
terms OF connection that will give TO either
OF such connecting roads any undue or un-
reasonable advantage over the other
SIC ? Ii the managers of any such
connecting road shall deem themselves ar-
-Ilerei IN the premises aforesaid. bv the
{ arrangements or conduct Of the managers
the road so connected with. and if such
roads shall be unable TO agree upon terms
of connection in any of the particulars
aforesaid, the supreme court. III any t4rn
there'd, IN any county. upon the pe'iiion OF
either party. verified upon oath and filed.
and upon al least fifteen davS service there
OF upon the adverse party. shall proceed
to appoint three diSintereSted commission
ers. whose duty il shall be. upon due no.
tlce TO all parties in interest. 10 hear such
lparties with their allegations and proofs.
and with the least possible delay 10 deter
milne and fix upon the terms. times and
manner of connection. the aecom.noda-
tlonS, privileges and facilities. and the
terms of transportation, IN all the pariieu-
lars mentioned I'm the first section of this
act. TO be afforded bv the managers OF the
railroad 80 connected with as aforesaid.
and 10 make a written award and decision
relative thereto; and IN So dong they
shall have due regard 10 The Interest and
convenience of the public in the premises.
And sand commissioners shall report such
award and decision TO the supreme oeurt
AT the term thereof. IN whatever county.
next succeeding the making of such award
or 10 any special term of said court ap-
pointed under this act. and to which such
reports shall be directed lev said court to
be made. And such award and decision
OF S;lld commissioners, or majority of
them. shall be confirmed br said court. uu-
less cause is shown tc the contrary and
when so confirmed, shall be binding and
conclusive upon the parties thereto. until
such TIME as the same shall be altered or
modified Ly another board OF commission
erS appointed as aforesaid. upon petition
of either party: provided. that no such
alteration or modification shall be made
within two years next after the making oi
such award.
Sc > Whenever any petitions shall
be filed under the provisions OF this act,
and any competing road III thi> state re-
ferred TO in the first section OF this act
shall be interested IN the relief thereby
sought. or whenever upon the hearing of
such petition ii shall bc made 10 appear
Ia the court that such competing road Is
50 interested. the managers of such read
shall be made 4 party 10 such petition,
and service thereof shall be made upon
them a. herein provided. before the al,-
pointment of commission r thereon. and
thev shall be heard in the premises before
sud commissioners and s;lid court Aud
due regard 10 their just rights and inler-
e>ts shall be had in the appointment ct
commissioners. ami in the awar | and de
ciSion made upon said petition. AM The
judgement thereon shall lie binding upcn
them aS far rs applicable. AM 80 far rs At
affects the relative i.h;> oi >ail conn lle,ing
ro:..ls IN the premises. and - thai eNteni
shall be conclusive in any other proceed
ing under this &C: between fhe SAM. par
ties. until modified as herein provided
SIC f. The supreme court MAY al amy
term thereof in any ceunlS. make any 9.ll.l
all proper orders for ihc cafnrcing and
carrying into effect of such award. and for
restraining any violation thereof; and
may enforce said orders by msn'iaI.uS. or
by the ordinary process OF the court Of
clianoery, and shall for thai purpose Toe
invested with full cllancery powers IN the
premises, And they max ALLOW 10 either
party such costs a> iley may dec,n proper
and issue execution therefor And the
compensation OF said commissioners shall
be paid by either or lll OF S;,id parties. and
in such proportion a. said court shall di-
rect.
SEC, ;. Thechief Justice ot the supreme
court may upon application OF either rar-
ty 10 such petition, If in his judgement the
Interests of justice or OF The public require
it. appoint a special term OF the supreme
court TO be holden at such .iunc and place.
and TO be composed of such Judges. not
les than three, as he may designate. for
the purpose either of appointing such coln-
missioners. or OF hearing any motion TO
confirm their award, or any application
for necessary orders 10 enforce the same.
or TO restrain any violation iicr.oi and
said court n such term shall have the
same powers under this act as II any req
ular term of said court new provided for
at law. And each Judge attending such
special term shall receive the sum of ten
dollars per diem for the time spent in 90
in 10 and from and ATTENDING such Term.
together with his reasonable expenses, IN
80 doing. which shall .be paid by either or
all of the parties TO such petition, and IN
such proportion a> the court shall direct
SEC d. The provisions of this aci shall
apply TO all trustees, mortgages, receiy-
ers and other persons engaged in The man.
agement or control of any railroad in this
state.
SEC .. This act shall take effect from
lts passage
Approved Nov. .. 1865.
fCoatmaol nerf Hokl