ting the same, unless the consent of the owner or owners of such lands be first had and obtained. er ing to give up land. sioners to 6. And be it enacted, That if the owner of the land on Proceedwhich such survey or location for said company shall be ingit ownmade shall not be willing to give the same for such purpose, and said company and owner cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court, who is disinterested in the premises, upon the appli cation of either party, and after giving ten days' notice of such application to the opposite party of such application, and after hearing the parties to appoint three disinterested commissioners to assess the price or value of said land, who shall be sworn or affirmed faithfully to execute the duties of Commis such appointment, and after like notice to both parties of be sworn. the time and place shall meet, view the premises, and hear the parties and evidence, if desired, and thereupon make such decision, and award, together with a description of the said land and the quantity taken, by whom owned, how situated and bounded and described, in writing under their hands and seals, or under the hands and seals of any two of them, to the justice who appointed them, to be by him returned and filed in the office of the clerk of the county wherein the lands lie, together with all the papers before him relating thereto, there to be kept as a public record, and copies taken, if required, by either party; and if either party shall feel aggrieved by the decision and award Party agof said commissioners, the party so aggrieved may appeal to may appeal the circuit court at the next term after such decision and award, by proceeding in form of petition, to the said court, with five days' notice in writing to the opposite party of such appeal, which proceeding shall vest in the said circuit court full right and power to hear and adjudge the same, and if required they shall award a venire in proper form for a jury before them, who shall hear and finally determine the same, and it shall be the duty of the said jury to assess the value of the said lands and all damages sustained; and if the said jury be demanded by the said company, and they shall find a greater sum than the said commissioners then judgment shall be given with costs, against the said company and execution issue if need be; but if the said jnry shall be demanded by the owner or owners, and shall find the same or a less sum than the commissioners awarded, then the costs shall be paid by the owner or owners and shall be deducted grieved Amount of award paid if pow covert, un out of the said sum awarded by the said commissioners or execution issue therefor as may be directed by the said court; and upon payment or tender of the sum so found by the said commissioners or by the jury, with costs, if any, the said company shall be deemed to be seized and possessed in fee simple of all such lands and real estate appraised as aforesaid. 7. And be it enacted, That in case any owner or owners where to be of such land or real estate shall be feme covert, under age, er is feme non compos, out of the state, or under any other legal disader age, &c. bility which would prevent their agreement with the said company, then it shall be the duty of the said company to pay the amount of any award or report so made in behalf of any such person into the court of chancery to the clerk thereof, subject to the order of the said court, for the use of any such owner or owners, all of which said proceedings, as well under this as the preceding section of this act, shall be at the proper costs and charges of the said company, except in cases of appeal above provided for; and the said justice shall and may order and direct as to the amount of costs and charges of such valuation and appraisement, and witness fees, and as to the payment thereof in case where an appeal is made. Company to keep and repair bridges. Empowered to collect tolls. 8. And be it enacted, That it shall be the duty of said company to keep in repair all bridges necessary for the streets of the said roadway; and if the said roadway should cross over any railroad, or common road or road built by a corporate company, it can and shall have the right of way to cross the said railroads or common roads or roads built by a corporate company, by a bridge or an even grade with the said roads, "and if said road shall cross any road or street below the grade of said road or street, the company shall erect and keep in a good and safe state of repair, bridges over said road, to accommodate the travel on any road or street which is crossed by said road below the grade thereof." 9. And be it enacted, That the president and directors of the said company can collect tolls of teams passing over the roadway of the said campany, which tolls are not to exceed five cents per animal in a team; they can also lease or sell a part of the roadway to any horse railroad company, to be used as a passage through the Palisades. 10. And be it enacted, That said company shall have the to make ment how power and it is hereby authorized to make its bonds, and for company the purpose of securing their payment, to mortgage its real empowered. estate and personal property, roadway and roadways, and all bonds, paythe appurtenances, franchises, powers and privileges, and secured. rights belonging thereto, which it may possess, under its act of incorporation, to such amount as it may deem expedient, and to sell the same for such amount as it may deem for the best interest of the company, without invalidation thereof by any statute of this state; and the said bonds and mortgages, so sold and negotiated, shall be valid and binding in law and equity, and the purchaser or purchasers under a decree in equity or foreclosure, founded on any such bond or mortgage, shall be invested with all the estate, rights, franchises, powers, privileges, which are or may be conferred upon, or possessed by said company, under or by virtue of this act of incorporation, and any supplements thereto, subject nevertheless to all restrictions contained therein. 11. And be it enacted, That this shall be taken to be a public act, and shall take effect immediately. Approved March 19, 1874. CHAPTER CCCVII. Supplement to an act entitled "An act to incorporate the changed. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the name of "The Phillips- corporate burg Building and Loan Savings Bank," incorporated by the name act of the legislature of this state, approved March fourteenth, one thousand eight hundred and seventy-two, and to which this act is a supplement, be and the same is hereby changed to "The Phillipsburg Savings Bank," and by that name shall be invested with all the rights and privileges heretofore enuring to The Phillipsburg Building and Loan Amend ment. Institution may invest Savings Bank, and that in any action in any of the courts of this state, whether at law or in equity, to which the said corporation may hereafter be a party, it may appear and prosecute, or defend under the name of The Phillipsburg Savings Bank, whether the cause of action arose before the passage of this supplement or not, and that all actions now pending shall be carried to a conclusion in the name of The Phillipsburg Building and Loan Savings Bank. 2. And be it enacted, That the third section of the original act to which this is a supplement, shall be amended by striking out the words " of said association" after the word "persons," and before the word "offering," in said third sec tion, and by inserting the words "of said association" im. mediately after the word "members," and before the word "and," in said section, so that the whole sentence shall read "that the directors of said association shall choose one of their number president, and may appoint such other officers and agents as they shall deem expedient, fill vacancies in their own board until the next annual election, make bylaws, collect installments, let money on interest to members of said association and other persons, upon such security as the board of directors shall consider judicious and proper, and declare dividends to stockholders entitled to receive them. 3. And be it enacted, That the said institution may invest money, &c. money and deal in promissory notes and bills of exchange drawn by individuals or corporations, and buy and sell such promissory notes and bills of exchange. 4. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved March 20, 1874. CHAPTER CCCIX. An act to incorporate the Washington Association of New WHEREAS, certain citizens of this state have purchased the Preamble. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Theodore F. Randolph, George Names of A. Halsey, Norris W. Halsted, William Van Vleck Lidge- corporators wood, Francis S. Lathrop, Amos Clark, Jr., George M. Robeson, Augustus W. Cutler, Jacob Van Natta, William Walter Phelps, George Danforth, Benjamin G. Clark, George Richards, William L. King, Orestes Cleavland, Matthew Armstrong, Edward Bettle, J. Condit Smith, John H. Lidgerwood, Cortlandt Parker, and Charles S. Olden, together with such other persons as may hereafter be associated with them, be and are hereby created a body politic and corporate in fact and in law, by and under the name of the " Washington Corporate Association of New Jersey." name. 2. And be it enacted, That the capital stock of said associ- Capital ation shall be fifty thousand dollars, divided into shares of stock. one hundred dollars each, and the persons named in the first section of this act are authorized to purchase, hold, and convey real estate and to open books of subscription and to take and receive subscriptions to such capital stock, at such time or times, and in such manner as they shall deem proper, issuing to such subscribers certificates of the association, which certificates shall state the number of shares subscribed and paid for by the holder of it, and shall bear the signatures of the president and treasurer of the association, and |