Proviso.

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 judg ment thereon, with costs, shall be entered against the said company and execution awarded therefor; but if said jury shall be applied for by the owner or owners, and shall find a less sum than the company shall have offered and 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, upón filing the aforesaid report; provided, that in no case whatever shall said company enter upon or take possession of any lands of any person or persons, for the purpose of actually constructing the 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 this state, or under any legal disability, then the payment of the amount assessed or found as aforesaid into the circuit court of the county where the said lands lie,

shall be deemed a valid and legal payment; and further, that the party or parties entitled 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.

construct

repair

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

estate may

10. And be it enacted, That the said company may pur. What real chase, have, and hold real estate at the commencement and be held. termini of their said railroad, and upon any intermediate depot upon the line of the same, not exceeding six acres at each place, and may erect and build thereon houses, warehouses, stables, machine shops, and such other buildings and improvements as they may deem expedient for the safety of property and the construction of carriages, and other necessary uses, and take and receive the rents, profits, and emoluments thereof, and shall have the privi lege and authority to erect, build, and maintain over such rivers, creeks, or streams as the said road may cross, such piers, bridges, and other facilities as they may think necessary for the full enjoyment of all the benefits conferred by this act; provided, the said company, whenever it may Proviso. become necessary to cross any navigable river or creek with their road, shall construct a bridge or bridges with suitable and sufficient draws, so as not to obstruct the navigation thereof.

11. And be it enacted, That the president and directors of Dividends.

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.

Company may con

struct ma

chines,

Contracts may be made with

12. And be it enacted, That the president and directors of said company shall have power to have constructed, or to engines, &c. 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 may think fit, reasonable, expedient, or right. 13. And be it enacted, That it shall and may be lawful for the said company, at any time during the continuance of its charter, to make contracts and engagements with any other corporation or with individuals, for connecting with. any other railroad in this state and passing over the same, and for transporting or conveying any kind of goods, produce, merchandise, freight, or passengers, and to enforce the fulfilment of such contracts.

other corporations.

Penalty for injuring works.

When com

pany may commence

running

cars.

Amount of

state tax to

be paid.

14. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of said railroad, or of any of the necessary works, wharves, bridges, carriages, or machines appertaining thereto, such person or persons so offending shall forfeit and pay to the said company the sum of fifty dollars for every such offence, to be by them recovered in any court having competent jurisdiction, in an action of debt, or other proper form of action; and further shall be liable for all damages which said company may sustain thereby.

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

16. And be it enacted, That as soon as the said railroad 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 the 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 affirma. tion, make a statement to the legislature of this state of

the proceeds of said road, and when the net income of said road shall amount to seven per centum upon the amount of its cost, the said corporation shall pay to the treasurer of this state a tax of one-half one per centum on the cost of said road, to be paid annually thereafter, on the first Monday of January in each year; provided, that no other Proviso. tax or impost shall be levied or assessed upon the said

company.

may borrow

17. And be it enacted, That the said corporation shall Corporation have power to borrow such sum or sums of money, from money. time to time, as shall be necessary to build, construct, or repair said road and furnish the said corporation with all the necessary engines and machinery for the uses and objects of said company, and to secure the payment thereof 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, that it shall not Proviso. be lawful for the said company 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.

take road on

appraise

18. And be it enacted, That at any time after the expira- State may tion of thirty years from the completion of said road, the payment of legislature of this state may cause an appraisement of the ment. 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 thern, 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

Proviso.

Commencement and

of road.

company; or in case the six commissioners shall be appointed, and they cannot agree upon the 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 three 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 said road, which report shall be filed in the office of the secretary of this state, and the whole property and interest of said road, and the 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 said company to lay before the legislature, under oath or affirmation, when they shall so request, a full and fair statement of the costs of said road, and of the receipts and disbursements of the company; provided always, that the aforesaid valuation shall be made without any reference to the receipts or disbursements of the company or advance of stock; and the said valuation shall in no case exceed the first cost or valuation of said road.

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

Certain officers to pass free.

20. And be it enacted, That the governor, the chancellor, the justices of the supreme court, and the judges of the court 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 of this state, during their annual or other sessions, shall pass and repass on the railroad of said company, in their cars, free of charge.

Approved March 8, 1859.