Year: 1865

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, times and man


ner of connection, the accommodations,


privileges, and facilities, and the terms


Of transportation, in all the particulars


mentioned in the first section OF this act


to be afforded by the managers of the


railroad so connected with as aforesaid,


and to make a written award and decis-


ion relative thereto; and in so 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 b 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. And 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 SO crnfrmed, 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 S
aforesaid, upon petition of either party {:
provided, that no such alteration or mod
ification shall be made within two years
next after the making of such award.


SEC. 8. Wherever any petition shall
be filed under the provisions Of this act,
and any competing road in this State re-
ferred 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-
poiutment of commissioners thereon, and
they shall be heard in the premises be-
fore said commissioners and said court
And due regard to each and all of their
just rights and interests shall be had in
the appointment of commissioners, and
10 the award and decision made upon
said petition. And the judgment there
on shall be binding npon them so far as
and so far as it affects the rels
alive rights of said competing roads in
the premises, and to that extent shall be
conclusive in any other proceedings un-
der this act between the same parties,
until modified as herein provided.


SEC. a; The Supreme Court may at
any term thereof, in any county, make
my and all proper orders for the enforc-
ng and carrying into effect of such award
md for restraining any violation thereof /;
md may enforce said orders by mauda-
nus, or by the ordinary process of the
,ourt Of cbancery, and shall for that pur'
,ose be invested with full chancery pow


rs in the premises. And they may al
ow to either party such costs as they
nay deem proper, and issue execution
herefor. And the compensation Of said
shall be paid by either or
Il of said parties, and in such proportion
: said court shall direct.


SEC. 5. The Chief Justice OF the Su. ;
RENE Court may upon application of Ell
ler party to such petition, if in b s
the interests Of justice or ofthe
ublic require it, appoint special term
the Supreme Court to be holden at
lch time and place, and to be composed
such judges, not less than three, as be !
ay designate, for the purpose either of 8
ppointing such commissioners, or o {
caring an motion to confirm their c
ward, or any application for necessary
'ders to enforce The same, or TO restrain Q
~ violation thereof; and said court at I
Ich term shall have :he same powers t
lder this act as at any regular term OF S
id court now provided for at law. And D
Ich judge attending such special term a
all receive the sum OF ten dollars per n
em for the time spent in going to and II
om and attending such term together b
IT'D his reasonable expenses in so doing II
lich shall be paid by either or all of the f(
rites to such petition, and in such pro- c.
rtion as the court shall direct.


Sec. G. The provisions of this act al
all apply to all trustees, mortgages, re
,eivers, and other persons engaged in CT
, management or control of any rail- W
I'd in this State. &C
SEC. z. This act shall take effect =.
IN its passage. :,
Nov. 2. 1855. :,