Proviso.

Further proceedings upon

shall be the duty of said commissioners (having first taken an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and make a true report according to the best of their skill and understanding), to meet at the time and place, and proceed to view and examine the said land or materials, said commissioners at the same time taking into consideration all the benefits to be derived from, or in consequence of, the said railroad to the said owner or owners, and make a just and equitable estimate or appraisement of the same, the assessment of damages to be paid by the company for such lands, or materials, and damages aforesaid, which report shall be made in writing, under the hands and seals of the said commissioners, or any two of them, and filed within ten days thereafter, together with the aforesaid description of the land and materials, and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county in which the lands or materials are situate, to remain of record therein, which report, or a copy thereof, certified by the clerk of said county, shall, at all times, be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the said land or materials, or of the said owner or owners to recover the amount of said valuation, with interest and costs, in an action of debt, in any court of competent jurisdiction, in a suit to be instituted against the said company, if they shall neglect or refuse to pay the same for twenty days after demand made of their treasurer, and shall from time to time constitute a lien on the property of the company, in the nature of a mortgage; and the said judge of the court of common pleas shall, upon application of either party, and on reasonable notice to the others, tax and allow such costs, fees and expenses of the said court, commissioners, clerks and other persons performing any of the duties prescribed in this section, as they or he shall think equitable and rigut, which shall be paid by the company; provided, always, that should the said company, or the owner or owners of any land or materials, feel himself, herself, or themselves aggrieved by the decision aforesaid, he, she, or they may appeal to the next circuit court in the county wherein the said land or materials may lie.

8. And be it enacted, That every appeal from the decision an appeal to of commissioners appointed under the preceding section shall be made in writing, in the form of petition, to said court, and

circuit court.

filed with the clerk of the said circuit court of the county wherein the lands 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 proceeding 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 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 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 find a less sum than the company shall have offered, or the said commissioners shall have awarded, then the 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 court shall direct; but such application shall not prevent the company from taking the said land or materials upon the filing of the aforesaid report, the value or damages being first paid, or, upon a refusal to receive the same, upon a tender thereof, or (the owner or owners thereof being under any legal disability) the sum being first paid into the court of chancery.

and wagon

9. And be it enacted, That it shall be the duty of the said Must con company to construct and keep in repair good and sufficient struct bridges bridges, or passages, over and under the said railroad, where ways. any public road shall intersect or cross the same, so that the passage of horses, carriages and cattle along the said road shall not be obstructed, and likewise where the said railroad shall intersect any farm or lands of any person to provide and keep in repair suitable and convenient wagon ways over or under the said road.

10. And be it enacted, That the said company may pur- May hold chase, have and hold real estate at the commercement and real estate. terminus of their railroad, and along the line thereof, or at any intermediate station on the line of the same, and may erect and build thereon houses, warehouses, stables, machine

Dividends.

portation of

property.

shops, and such other buildings and improvements as they may deem expedient for the convenience and use of said road or the interest of said corporation, the safety of property, the construction of engines and carriages, and other purposes, and to take and receive the rents, profits and emoluments thereof, and shall have the privilege and authority to erect, build and maintain over such creeks or streams as the road may cross, such piers, bridges, and other facilities as they may think expedient and necessary for the full enjoyment of all the benefits conferred by this act.

11. And be it enacted, That the president and directors of 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 president and directors of said company sh 11 have power to have constructed, or purchase with the funds of the company, all machines, engines, wagons, carriages or other vehicles for the transportation of persons or any species of property on the railroad, as they Rate of trans- may think fit, reasonable, expedient or right; provided, that they shall not charge more than at the rate of four cents per mile for carrying each passenger on said railway, but no charge shall be required to be less in the aggregate than ten cents, nor shall said corporation charge more than eight cents per ton per mile for the transportation of any description of merchandise, produce, property or freight; and the said railroad with its appendages and the lands over which it shall pass, and all the works, improvements, and all other property or land whatsoever belonging to the corporation are hereby vested in the said corporation and their successors, for and during the continuance of their charter.

May make contracts with

nies.

13. And be it enacted, That it shall be lawful for the said other compa- company, at any time during its charter, to make contracts and engagements with any other railroad company, corporation or with individuals, for transporting or conveying any kind of goods, produce, merchandise, freight or passengers, and to enforce the fulfilment of such contracts.

Penalty for injuring road or

nances.

14. And be it enacted, That if any person shall wilfully its appurte-impair, injure, destroy or obstruct the use of the railroad enjoyed under the provisions of this act, or any of the 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.

15. And be it enacted, That when five miles or more of said road shall be completed, the said company may commence running cars for the transportation of passengers and freight, enjoying all the privileges and subject to all the restrictions created by this act.

statement of

16. And be it enacted, That as soon as the railroad or any shall file a part thereof, with its appendages, shall be finished so as to be cost with secused, the president of said company shall file, under oath or retary of state affirmation, on the first Monday in January of every year, a statement of the amount of the cost 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; after the railroad or any part thereof shall be in operation, the said corporation shall pay to the treasurer of this state a tax of Annual tax to one-half of one per centum on the cost, equipment and ap- state. pendages of said road, to be paid annually thereafter on the first Monday in January of each year, and such other tax as may be assessed from time to time by a general law, applicable to all railroads over which the legislature shall have power for that purpose at the time of the passage of such laws; provided, that no other tax or impost shall be levied or assessed Proviso upon said company.

be paid to the

bond and

otherwise.

17. And be it enacted, That the said corporation shall have may borrow power to borrow such sum or sums of money from time to on time as shall be necessary to build, construct or repair said mortgage, or road and furnish the said corporation with all necessary engines and machinery for the uses and objects of said company, and to secure the payment thererof by bond or mortgage or otherwise on the said road, lands, privileges, franchises and appurtenances of or belonging to said corporation, at a rate of interest not exceeding seven per centum per annum; provided, Proviso. that it shall not be lawful to plead any statute or statutes of this state against usury in any suit in law or equity instituted. to enforce the payment of any bond or mortgage executed under this section.

panies may

bonds.

18. And be it enacted, That the Camden and Amboy Rail- Certain comroad Company and the West Jersey Railroad Company, or endorse their either of them, be and they are hereby authorized and empowered, if they desire to do so, to endorse the bonds of the said company, and to subscribe and take any amount of the capital stock to be issued by said company, and to be entitled

Lutation.

State officers

to all the powers and privileges of stockholders of said com

pany.

19. And be it enacted, That if said railroad shall not be commenced within five years, and be completed in ten years from the fourth day of July next ensuing, that then and in that case this act shall be void.

20. And be it enacted, That the governor, the chancellor, to pass free. the justices of the supreme court, and the judges of the court of errors of this state, the state superintendent of public schools, and the principal of the normal school, while travelling for the purpose of discharging the dutics of their offices, and the members and officers of both houses of the legislature of this state, during the annual or other sessions, shall pass and repass on the railroad of said company in their cars free of charge.

21. And be it enacted, That this act shall take effect immediately.

Approved February 28, 1868.

Repealer.

CHAPTER LXXXI.

An Act to repeal an act entitled "An Act to authorize the township committee of the township of Acquackanock, in the county of Passaic, to open, work and repair the public roads of said township," approved April fourth, eighteen hundred and sixty seven.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the above entitled act be, and the same is hereby repealed.

2. And be it enacted, That this act shall take effect immediately.

Approved February 28, 1868.