Year: 1865

baggage anu lTelgnt, 10 ana from eacn
Of said intersecting roads, on the same
terms and shall establish no rules, reg
uations, or terms of connection that will
give to eithor of sucf competing roads any
undue or unreasonable advantage over
the other.


SEC. 2. II the managers Of any such
connecting road shall deem themselves
aggrieved in the premises aforesaid, by
the arrangements or conduct of the man.
ayers Of the road SO connected with, and
if said managers of such roads shall be
unable to agree upon terms of connection
in 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 fled and
upon at least fifteen days service thereof,
upon the adverse party, shall proceed to
appoint three disinterested commissioners,
whose duty it shall be, upon due notice
to all parties In interest, to hear such par
ties with their allegations and proofs,
and with the least possible delay
to determine and fix upon the terms,
tines, and manner of connection, the ac-
comodations, privileges, and facilities, and
the terms of transportation, in all the par
liculars mentioned In the first section of
this act, to be afforded by the managers
Of the railroad so connected with as atore-
decision relative thereto and in SO doug
they shall have due regard to the interest
and convenience of the public in the prem
iscs. And said commissioners shall re-
port such award and decision to the Su-
preme Court at the term thereof, in what
ever county, next succeeding the making
Of such award, or to any special term of
said court appointed under this act, and
TO which such reports shall be directed by
said court to be made. Aud such award
and decision of said commissioners, or of
Il 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 par
ties thereto, until such time as the same
shall be altered or modified by another
board of commissioners appointed as afore-
said, upon petition of either party: pro-
ruled. that no such alteration or modifica-
tion shall be made within two years next
after the making of such award.


SEC. 3. Whenever any petition shall
he filed under the provisions of this act
and any competing road in this State re.
terred TO in the first section of this ac
shall be interested in the relief thereby
sought, or 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 ap-
pointment of commissioners thereon, and
they shall be heard in the premises before
SAID commissioners and said court. And
due regard to thelrjust rights ami interests
shall be had in the appointment of COM
missioners, and in the award and decision
made upon said petition. And the judg-
ment thereon shall be binding upon them
50 far as applicable, and so far as it affects
the relative rights of said competing roads
in the premises, and to that extent shall
be conclusive in any other proceeding
under this acts between the same parties,
until modified as herein provided.


SEC. 4. The Supreme Court may al
any term 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 mandamu;
or by the ordinary process of the court ct
chancery, and 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 commissioners shal
be paid by either or all of SAID parties
and in such proportion as said court shall
direct.


SEC. A. The Chief Justice of the Su-
preme Court may upon application o
either party to such petition, if in hi
judgment the interests of peace and jus
tice or of the public require it, appoint s
special term of the Supreme Court to bt
holden at such time and place, and to be
composed of such judges, not less tina,
three, as he may designate, for the pur-
pose either OF appointing such commIs
sioners or of hearing any motion to con-
firm their award, or any application iol
necessary orders 10 enforce the same, OF
to restrain violation thereof; and saiC
court at such term shall have the power
under this act as at any regular term o
said court now provided for by law. And
each judge attending such special tern
shall receive the sum of ten dollars PEI
diem for the time spent in going to anC
from and attending such term, together
with his reasonable expenses, in so doing
which shall be paid by either or all OF the
parties to such petition, and in such pro
portion as the court shall direct.


SEC. 6. The provisions of this ac
shall apply TO trustees, mortgages re
ceivers, and other persons engaged in th'
management or control OF any railroad IL
this State.


SEC. 7. Thia act shall take efec
from its passage.


Approved Nov. ., 1865,


An act relating TO the collection Of Take


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