court, and filed with the clerk of the said circuit court of the county wherein the land or materials appraised by the said commissioners shall be, and notice in writing of such appeal shall be given to the opposite party within ten days after the filing thereof, which proceedings shall vest in the circuit court full right and power to hear and adjudge the same, and to direct a proper issue for the trial of said controversy to be formed between the said parties, and to order a jury to be struck and a view of the premises to be had, and the said issue to be tried at the next term of said court to be holden in the said county, upon the like notice and in the same manner as other issues in the said court are tried, and it shall be the duty of the said jury to assess the value of the said land or materials and damages sustained, and if they shall find a greater sum than the said commissioners shall have awarded in favor of the said owner or owners, then judgment thereon, with costs, shall be entered against the said company and execution awarded therefor, but if the said jury shall be applied for by the owner or owners and shall find a less sum than the company shall have offered or the said commissioners shall have awarded, then said costs to be paid by said applicant or applicants, and either deducted out of the said sum found by the said jury or execution awarded therefor, as the said court shall direct; but such application shall not prevent the company from taking the said land, upon filing the aforesaid report; provided, that in no case whatever shall said Proviso. company enter upon or take possession of any lands of any person or persons for the purpose of actually constructing said railroad, or of making any erection or improvements whatever, or otherwise appropriating said lands to the use of said company until they have paid to the party or parties entitled to receive the same the amount assessed by the commissioners as the value of such lands or damages, in case the report of the commissioners is not appealed from, or if the same is appealed from then the amount which shall be found by the jury by whom the issue shall be tried; but in case the party or parties entitled to receive the amount assessed by the commissioners, in case there shall be no appeal found by the jury, and in case of appeal shall refuse, upon tender thereof being made, to receive the same, or shall be out of the state or under any legal disability, then the payment of the amount assessed or found as aforesaid into the circuit court of the county wherein the said lands lie, shall be deemed a valid and legal payment, and further, that the party or parties en Road and bridges to be titled to receive the amount assessed by the commissioners may, upon tender thereof being made, receive the same without being barred thereby from his, her or their appeal from the report of the commissioners. 9. And be it enacted, That it shall be the duty of the said kept in repair. company to construct and keep in repair good and sufficient bridges or passages over or under the said railroad, where any public or other road, now or hereafter laid, shall cross the same, so that passage of carriages, horses and cattle on the said road shall not be impeded thereby, and also where the said road shall intersect any farm or lands of any individual, to provide and keep in repair suitable and convenient wagon-ways over or under the said railroad, and shall also construct and maintain suitable and proper cattle-guards at all road crossings. Engines, &c., may be constructed. Proviso. Dividends. May hold real estate. 10. And be it enacted, That the president and directors of said company shall have power to have constructed or to purchase, with the funds of the company, all machinery, engines, wagons, carriages or cars for transportation of persons, or any species of property on the said railroad or any railroad connected with it, and also suitable and safe boats at the terminating points of the said road, as they may think fit, reasonable, expedient or right; provided, that they shall not charge more than three cents per mile for carrying each passenger, but no charge shall be required in the aggregate to be less than ten cents, nor shall said company charge more than six cents per mile per ton for the transportation of any description of property; and the said railroad, with the appendages and the lands over which the same shall pass, and all the work and improvements, and all other property whatsoever belonging to the company, are hereby vested in the said company and their successors, for and during the continuance of their charter. 11. And be it enacted, That the president and directors of the said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of the said railroad. 12. And be it enacted, That the said company may purchase, have and hold real estate at or near the commencement and termination of the said road, or at any other point on the line of the said road where the directors may think proper to establish a depot, not exceeding twenty acres at each place, and may also erect and build thereon houses, warehouses, work shops, and such other buildings and improvements as they may deem expedient for the safety of their property and for other necessary uses appertaining to their business, and receive the rents and emoluments thereof, and may build and maintain over such rivers and streams as the road may cross, such piers and bridges as they may deem expedient; provided, Proviso. that suitable and sufficient draws shall be made over any navigable streams, so as not to obstruct the navigation thereof. with other 13. And be it enacted, That it shall be lawful for the said May contract company, at any time during the continuance of its charter, companies. to make contracts and engagements with any other corporation, or with individuals, for transporting or conveying any kinds of goods, produce, merchandize, freight or passengers, and to enforce the fulfilment of such contracts. 14. And be it enacted, That if any person shall wilfully Penalty for inimpair, injure, destroy or obstruct the use of the railroad en-Juring works. joyed under the provisions of this act, or of any of their necessary works, wharves, bridges, carriages or machines, such person or persons so offending shall forfeit and pay to the said company the sum of fifty dollars, to be by them recovered in any court having competent jurisdiction, in an action of debt, and further, shall be liable for all damages. be iled. 15. And be it enacted, That as soon as the railroad, with Statement to its appendages, shall be finished so as to be used, the president and treasurer of said company shall file, under oath or affirmation, a statement of the amount of costs of said road, including all expenses, and the amount of all purchases made by virtue of this act, in the office of the secretary of this state, and annually thereafter the president and treasurer of the said company shall, under oath or affirmation, make a statement to the legislature of this state of the proceeds of said road, and the treasurer of said company shall, under oath or affirmation, make an annual statement to the treasurer of this state of the number of passengers and the number of tons of merchandize transported thereon. be paid. 16. And be it enacted, That as soon as the net proceeds Annual tax to of said road shall amount to seven per centum per annum upon its cost, the said company shall pay to the treasurer of this state a tax of one-half of one per centum on the cost of said road, to be paid annually thereafter, on the first Monday in January in each year, in lieu of all other state taxes. money. 17. And be it enacted, That the said Long Branch and May borrow Sea Shore Railroad Company shall have power to borrow such sum or sums of money, from time to time, as shall be necessary to build, construct or repair their road, and furnish all ne Proviso. Proviso. State may take road on payment of appraisement. cessary engines, machinery and boats, for the uses and objects of said company, and to secure the repayment thereof by the execution and negotiation of any bond or bonds, and secured by mortgage on the said road, lands, privileges, franchises and appurtenances of and belonging to the said company, said bonds bearing not more than seven per centum interest per annum; provided however, that the said company shall not plead the statute of usury in consequence thereof; and provided further, that said bonds shall constitute a first lien on the railroad, its cars, boats, real estate and franchises, and to dispose of said bonds for the purpose of aiding in the construction of said railroad, at a rate not less than ninety per centum of their par value and redeemable in thirty years from date. 18. And be it enacted, That at any time after the expiration of thirty-five years from the completion of said road, the legislature of this state may cause an appraisement of the said road and the appendages thereof to be made by six persons, three of whom shall be appointed by the chief justice of this state for the time being, the remaining three by the company, who, or a majority of them, shall report the value thereof to the legislature.within one year from the time of their appointment, or if they cannot agree they shall choose a seventh, who, with the aforesaid six, or a majority of them, shall report as aforesaid; or in case the said company shall neglect or refuse to appoint the said three persons on their part, for two months after notice of the said appointment by the said chief justice, then the three persons so appointed by him, shall proceed to make such appraisement, which shall be binding on the said company, or in case the six commissioners shall be appointed and they cannot agree upon a seventh man, then, upon two weeks' notice to the said company, the said chief justice shall appoint such seventh man as aforesaid, to make such appraisement as aforesaid, and thereupon the state shall have the privilege, for two years, of taking the said road with its appendages, upon the payment to the company of the amount of said report, within one year after electing to take the said road, which report shall be filed in the office of the secretary of this state, and the property and interest of said road and appendages thereof, shall be vested in the state of New Jersey, upon the payment of the amount so reported, to the said company; and it shall be the duty of the president of the company to lay before the legislature, under oath or affirmation, when they shall so request, a full and fair statement of the cost of said road, and commenced 19. And be it enacted, That if the said railroad shall not When to be be commenced within three years, and be completed within and finished. seven years from the fourth day of July next ensuing, that then and in that case this act shall be void. cers to pass 20. And be it enacted, That the governor, the chancellor, Certain offthe justices of the supreme court, and the judges of the court free. of errors of this state, whilst travelling for the purpose of discharging the duties of their offices, and the members and officers of both houses of the legislature and state superintendent of public schools, during their annual or other sessions, shall pass and repass on the railroad of the said company in their cars free of charge. 21. And be it enacted, That this act shall take effect immediately. Approved March 20, 1863. CHAPTER CCVIII. AN ACT to extend the provisions of an act entitled "An act to prevent horses, cattle, sheep and swine from running at large in the township of Clinton, in the county of Essex, and in the township of Rahway. in the county of Union," to the Haddon School District, in Newton township, county of Camden. former act ex 1. BE IT ENACTED by the Senate and General Assembly of Provisions of the State of New Jersey, That the provisions of an act enti- tended. tled "An act to prevent horses, cattle, sheep and swine from running at large in the township of Clinton, in the county of Essex, and the township of Rahway, in the county of Union," approved March fourth, eighteen hundred and fifty-eight, "so far as the said act relates to horses, sheep and swine," be and the same are hereby extended to the Haddon School |