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Remedy by summary Application to the Court of Chancery of Exchequer in the Event of Commissioners failing to secure the due Amount of Water Power to the Owner of Mill or Factory.
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LII. And be it enacted, That any Person interested in any Mill or Factory affected or proposed to be affected by any thing to be done under the Provisions of this Act may apply, by Petition in a summary Way, to the Court of Chancery or Exchequer, complaining that the due Amount of Water Power has not been properly secured to or for such Mill or Factory, or that any Act has been done, or has been threatened or proposed to be done, by the said Commissioners, or by any Person acting or pretending to act under the Provisions of this Act, by which Injury has been or may sustained by such Mill or Factory, or by such Person so interested, in respect thereof, and which Act may not be authorized by this Act; and thereupon such Court shall make such Order, and direct such Proceedings, whether before one of the Masters or the Chief or Second Remembrancer of such Court respectively, or by directing any Issue or Issues to be before a Judge and Jury at the Assizes, or before the Assistant Barrister and a Jury at the Quarter Sessions, or otherwise, as such Court may order; and thereupon it shall be lawful for such Court to direct such Works to be made by such Commissioners us to such Court of Chancery or Exchequer shall seem necessary or proper, and to make from Time to Time such further or other Order, whether for Compensation to any Party interested in such Mill or Factory, or for restraining the Commissioners or any other Person from doing any Act or otherwise, as to such Court shall seem just, and to issue any Writ or Writs of Injunction for any of the Purposes aforesaid for which the same may be required; and such Court shall have Power to award Costs to either Party: Provided always, that such Petition shall be presented within Six Months after the Subject Matter of such Complaint shall have arisen.
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