Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1865-11-17

such award and decision Of said commissioners or
Of a majority Of them shall be confirmed by said
court, unless cause is shown to the contrary. And
when 30 confirmed shall be binding and conclu-
sive upon the parties thereto, until such time as
the same shall be altered or modified by another
board Of commissioners appointed as aforesaid,
upon petition Of either party. ProUided, that no
such alteration or modification shnll be made with
IN two years next after making Of such awards.
Sec. 3. Whenever any petition shall be filed
under the provisions Of this act, and any compe-
ting road IN this state referred TO in the first sec
ton Of this act shall be interested in the relief
thereby sought, whenever upon the hearing of
such petition it shall be made to appear to the
court that such competing road is so interested,
the managers of such road shall be made party
TO such petition, and service thereof shall be made
upon them as herein provided, before the appoint
meut of commissioners thereon, and they shall be
heard in the premises before said commissioners
and said court. And due regard to their Just
rights and interests, shall be had in the appoint
ments OF commissioners, and in the award and de-
cision made upon said petition. And the Judge
ment thereon shall be binding upon them far
as applicable, aud far IL affects the relative
rights OF said competing roads in the premises.
And TO that extent shall be conclusive in any
other proceeding under this act butween the same
parties, until modified as herein provided.
Sec. a. The Supreme Court may at any time
thereof IN any county, make any and all proper
orders for the enforcing and carrying into effect of
such award and for restraining any violation
thereof, and may enforce said orders by mandamus,
or 10y The ordinary process Of the court of chan
Gerry. And shall for that purpose be invested with
fall chancery powers in the premises. And they
may allow to either party such costs as they may
deem proper, and issue execution therefor And
the compensation of said commissioners shall be
paid 10y either or all of said parties and in such
lropotlon rs said court shall direct
Sec. B. The chief Justice of the Supreme Court
may upon application of either party to such pc
ttion, ii in his judgment the interests Of Justice or
Of the public require it, appoint special term of
the Supreme Court to be holden at such time and
place and to be composed of such Judges not
pose either of appointing such commissioners or
OF hearing any motion 10 confirm their award or
any application for necessary orders to enforce the
same, or to restrain any violation thereof And
SAID court at such time shall have the same powers
under this act AS at any regular term OF said court
now provided for by law. And each Judge attend
ing such special term shall receive the sum of ten
dollars per diem for the time spent ia going to
and from and attending such term, together with
lis reasonable expenses. in so doing which shall
he paid by either or all Of the parties to such PEE
ttion, and in such proportion as the court shall
direct.
Scc 6. The provisions of this act shall apply
10 all trust, es, mortgages receivers, and Other
persons engaged in the management or control OF
any railroad in this state.
See. z. This act shall take effect from its pas.
sage.
Approved, Nov 2 1865