Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1894-11-02

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company to be attached to the poles of
Electric Light, Telephone or Telegraph
companies already standing in said vii
lage so far as may be practicable, and
may award and apportion what sum or
rental shall be paid by said company.
Section s. Said railway may cross the
tracks of any other railroad company in
such manner and on such conditions as
may be agreed upon or determined by
the Railroad Commissioners. Said COM
pany shall so grade the surface of the
streets and crosswalks within and ada
cent to its tracks, that persons and We
hicles can conveniently cross or turn off
from the same. If said company shall
at any time fail to repair its track and
the highway or street within or adjacent
to the same, as above required, for the
space of ten days after notice of the Sc
lectmen of the towns, or from the trus-
tees of the villages within their respec-
tive limits, then said selectmen or trus-
tees may make such repairs as are re-
quired, and the towns or villages, as the
case may be, may collect the expense
thereof from said company.
Section o. Said compacy may trans
port passengers and freight upon said
railroad, and regulate their own rates of
fare and tolls; provided, that the trus-
tees of the villages of Bennington and
North Bennington, or the selectmen of
either of the towns in which said rail-
road may be in operation, may apply to
the County Court of Bennington county,
at any regular term thereof, by petition
or complaint that the rates of fare and
t lis are excessive; which petition or
complaint shall be served upon said
company in the same manner as writ
of summons, and said court shall hear
the parties and decide and determine
what rate of fare and tolls said company
shall thereafter for period of five years,
demand; provided that they shall not be
so low that said company can not by it's
business pay dividend of six per cent.
per annum upon its capital stock, and
the rate so fixed, shall be published in
the newspapers printed in the village of
Bennington, at least three weeks follow
ing such decision, and shall be kept
posted up in conspicuous place on the
inside of each passenger car used by said
company.
Section 10. Any person, society or
corporation who shall unlawfully hinder
or obstruct said company in the use of
its roads or tracks, or in the construc-
tion of the same, shall for every such Of
Tense, be fined not exceeding fifty dol
lars, or imprisoned, not exceeding three
months, or both.
Section IL. Said company shall have
power to borrow money, and issue its
bonds therefore, bearing interest at a
rate not exceeding six per cent, to an
amount not exceeding three-fourths of
fair appraised value of the franchise,
plant and property of the company, and
may mortgage its railroad and property
to secure the payment of the same.
Section u. If sad company fails to
acquire by gift or purchase, such real es-
tate and right of way as the business of
said company may require, they may en-
ter upon and take the same under the
terms and conditions hereinafter Speci-
fed. The Bennington county court, in
term time, or any two judges of the Su
preme Court, if said county court is not
in session, shall upon the application of
party in interest, appoint three COM
mlssiOneTs to whom shall be referred all
claims for land so taken by said COM
pany for the purposes aforesaid, and for
any other claim for damages that may
arise by the construction of said railway.
Should any question arise as to the eros
sing of any other railroad line or track,
said question shall also be determined
by said commissioners. Said commits
sioners shall give twelve days notice to
the parties in interest, of the time and
place for hearing; and if upon such hear
ing said commissioners adjudge party
entitled to damages, they shall assess
the same, and if a question is submitted
to them relating to railway crossings, or
relating to the crossing of other rail-
roads, they shall make such orders there
in as they may deem Just. They shall
make full report of their proceedings
and of questions of law arising before
them, to the county court, and said
court shall have the same powers and
duties, and there may be the same hear
ing, proceedings and exceptions as pro-
vided by law in cases of the report of
referees. The provisions of sections
No. 1860 to No. 1865 inclusive, of the Re-
vised Laws, shall so far as consistent,
apply to this Act.
Section -. Said company shall COM
mence the construction of said railway
on or before June LIST, A. D., 1896, and in
case of failure so to do, this charter shall
be void.
Section IA. This Act shall be under
the control of future legislation, and
shall take effect upon its passage.