Year: 1865

road in this State, the managers Of each of such
connecting roads shall afford and furnish to the
other at all times, all just, proper, and reason
able terms Of connection, accommodations, priv
ileges, and facilities, in the reception, trans
portation, and delivery of cars passengers, bag
gage and freight, to and from each of such con-
Meeting roads, according to lhe usual course of
railroad business, including the sale and recep-
tion Of passenger tickets, and the checking of
baggage. And shall receive and transport all
such cars, passengers, baggage, and freight at
such times, and on such TERMS as shall be Just
and reasonable. And where any railroad in
this State shall be intersected by two or more
other railroads in this State, which shall be
competing lines for business to or from the road
80 intersected, the managers of such road shall
Transport cars, passengers, baggage, and freight,
TO and from each of said intersecting roadf, on
the same terms and shall establish no rules.
regulations or terms Of connection that will
give to either OF such competing roads any un-
duo or unreasonable advantage over the other.


SIC. 2. If the managers OF any such connect
ing road shall deem themselves aggrieved in the
premises aforesaid, by the arrangements or con-
duct of the managers OF the road 80 connected
with, and if said managers OF such roads shall
be unable to agree upon terms OF connection ia
any of the particulars aforesaid, the Supreme
Court at any term thereof, in any county, upon
the petition Of either party, verified upon oath
and filed, and upon at least fifteen days service
thereof upon the adverse party, shall proceed to
appoint three dlsinterested commissioners, whose
duty ii shall be, upon due notice to all parties
in interest, to hear such parties with their ale
cations and proofs, and with the least possible
delay to determine and fix upon the terms,
times and manner OF connection, the accomm0-
dations privileges, and facilities, and the terms
of transportation, in all the particulars men
toned IN the first section OF This act to be
afforded by the managers OF the railroad SO con-
nected with as aforesaid, and TO make written
award and decision relative thereto and in 80
doing they shall have due regard to the interest
and convenience OF the public in the premises.
And said commissioners shall report such award
and decision to the Supreme Court at the term
thereof, IN whatever county, next succeeding the
making Of such award, or TO aDy special term Of
said court appointed under this act, and to
which such reports shall be directed by said
couri to be made. And such award and decision
OF said commissioners, or OF majority OF them,
shall be confirmed by said court, unless cause Is
shown to 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 by another board OF commits
sioners appointed as aforesaid, Upon petition OF
either party prorided, that no such alteration
or modification shall DO made within two years
mex! after the making Of such award.


SEC. 3. Whenever any petition shall be filed
under the provisions Of this act, and any com
Ietlng road 10 this State referred to in the first
section OF this act shall be- interested in the re-
lief thereby sought, or Ehenever upon the hear
ing OF such petition it shall be made to appear
10 the court that such competing road is 80 in
terested, the managers Of such road shall be
made party to such petition, and service
thereof shall be made upon them as herein pro-
Vided, before the appointment Of commissioners
thereon, aud they shall DO heard in the premises
before said commissioners and said court. And
due regard 10 their Just rights and interests
shall be had in the appointment Of commission
eTs, aud in the award and decision made upon
said petition. And tho Judgment thereon shall
be binding upon them 10 far as applicable, and
so far as 1t Affects the relative rights Of said
competing roads in the premises, and to that
extent shall be conclusive in any other proceed.
log under this act between the same parties
until modified as herein provided


SEE. 4. The Supreme Court may at any term
thereof in any county, make any aud 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 man.
damus, or by the ordinary process of the court
Of chanceryand shall for that purpose be invested
with full 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 com
misslouers shall be paid by either or all Of said
parties, and in such proportion as said court
shall direct.


SEc. 5. The Chief Justice of the Supreme
Court may upon application Of either party to
such petition, If in his judgment the interests
OF justice OF OF the public r,qGire it, appoint
special term Of the Supreme Court to be holden
at such time and place, and to be composed Of
such judges, not less than three, as he may dcs
ignAte, for the purpose either Of appointing
such commissioners, or of hearing any motion
to confirm their award, or any application for
necessary orders to enforce the same, or TO re-
strain any violation thereof aud said court at
such term shall have the same powers under this
act as at any regular term Of said court now
provided for ut law. And each judge attending
such special term shall receive the sum of ten
dollars per diem for the time spent in going to
and from and attending such term, together
with his reasonable expenses, in so doing, which
shall be paid by either or oil OF the parties to
such petition, and in such proportion as the
court shall direct.


SEc, 9. The provisions OF this act shall apply
to oil trustees, mortgages, receivers, and other
persons engaged in the management or control
OF any railroad in this State.


SIC. I. This act shall take eject from its
passage.


Approved Nov. ., 1865.