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Corporation not dissolved for failure to

instalments.

may be filled for the remainder of the year in which they may happen, by the said board of directors or a majority of them, and in case of the absence of the president, the sạid board of directors or a majority of them may appoint a president pro tempore, who shall have such power and functions as the by-laws of the said corporation shall provide.

4. And be it enacted, That in case it shall happen that an

election of directors should not be made during the day electorib day when pursuant to this act it ought to be made, the said

corporation shall not for that cause be deemed to be dissolved, but such election may be held at any other time in the manner provided by law in such cases, and the directors for the time being shall continue to hold their office

until others shall have been chosen in their places. Payment of 5. And be it enacted, That seven directors of the said

corporation shall be competent to transact all business of said corporation, and shall have power to call in the capital. stock of said company by such instalments and at such times as they may direct, and in case of the non-payment of said instalments or any one of them to forfeit the share or shares upon which such default shall arise, and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper touching the management and regulation of the stock, property, estate and effects of the said corporation, and also shall have power to appoint such officers, clerks, and servants, as to them shall seem meet and to establish and fix such salaries to them, and also to the president, as to the said board shall

appear proper. Company 6. And be it enacted, That the said corporation shall have

power and authority to survey, lay out and construct a railroad not exceeding fifty feet in width, with one or more tracks from some point easterly of Eighth street in the city and county of Camden, to some point at or near the Camden and Moorestown turnpike road, and from thence on or near the said turnpike road to some place or places in the village of Moorestown in the county of Bur

authorized to construct road.

lington, and from thence through the said village of Moorestown to some point at or near the Moorestown and Mount Holly turnpike road, and from thence on or near the last named turnpike road to Hainesport in the county of Burlington, and from thence to some place or places in the town of Mount Holly, in Burlington county, and there to end; and it shall be lawful for the said corporation, their agents, engineers, superintendents and workmen, to enter at all times upon all lands and waters, for the purpose of exploring, surveying, levelling, laying out or locating the said railroad, doing no unnecessary injury to private or other property; and when the route of the said railroad shall have been determined upon, and a survey thereof deposited in the office of the secretary of state, then it shall be lawful for the said corporation, by its officers, agents, engineers, superintendents, contractors, workmen, and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate any such lands, and to erect embankments, bridges, and all other works necessary to lay rails, and to do all other things necessary or proper for the completion or repair of said railroad, subject to such compensation as is herein.

after provided for; provided, that payment or tender of Proviso. • payment of all damages for the occupation of such lands

shall be made before the said corporation, or any person in their employ, or under their direction, shall enter upon or break ground in the premises, except for the purpose of surveying and locating said railroad as aforesaid, unless the consent of the owner or owners of such lands shall be first bad and obtained ; and provided also, that the said rail. Proviso. road shall not be constructed along any street of said city of Camden, without the consent of the city council first had and obtained; but no damages or other compensation shall be demanded therefor by said city, or by the owners of lands along said streets, other than that said corporation shall maintain and keep in good repair the said streets where said railroad passes for at least ten feet in width for each track of railroad in each street; and the said railroad,

Proviso.

and the rails thereof, shall be constructed in such manner, and of such gauge, size and pattern, as to impair or obstruct as little as practicable the ordinary travel on said streets; and provided further, that the said railroad shall not be constructed upon the bedded or faced parts of the aforesaid turnpike road without the consent of two-thirds in value of the stockholders of the Camden and Moorestown and the Moorestown and Mount Holly turnpike companies; and that, if constructed on or along any other part of said turnpike roads, it shall be so made as not to obstruct the proper drainage of said turnpike roads, or unnecessarily interfere with the ordinary travel thereon; and said rail. road shall be constructed of the same width that vehicles and carriages are now required by law to be built, and the rails shall be laid in such a manner that ordinary vehicles and carriages can be driven upon said road; and that before the said railroad shall be constructed upon said turnpike roads, or any part thereof, the said corporation, hereby created, shall pay to said turnpike companies all damages which they will sustain by reason of the construction of any portion of said railroad upon the land occupied by or appertaining to said companies; and also provided further, that in crossing the railroad of “The Camden and Amboy Railroad and Transportation Company," or of “The Camden and Atlantic Railroad Company," the said railroad, hereby authorized to be constructed, shall be made at such intersection on the level of those railroads, and the cuts in the rails thereof, and the crossings and connections shall be made in the best and most approved manner, and so as not materially to interfere with or obstruct the travel thereon.

7. And be it enacted, That when said company or its agents cannot agree with the owner or owners of such required land, for the use or purchase thereof, or when by the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land so required for the use of said company in the construction of said road, shall be given in writing, under

Proviso.

Proceedings in case company and owners cannot agree.

the oath or affirmation of some engineer or proper agent of the company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, or if unknown and out of this state to make publication thereof as he shall direct, for any term not less than twenty days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, residents in the county in which the land in controversy lies, or the owners reside, commissioners to examine and appraise the said land, and to assess the damages, upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, to be expressed therein, not less than twenty days; and it shall be the duty of said commissioners, having first taken or subscribed an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and to make a true report, according to the best of their skill and understanding, to meet at the time and place appointed, and to proceed to view and examine the said land, 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 to make a just and equitable estimate or appraisement of the value of the same, and assessment of damages as shall be paid by the company for such lands 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 the appointment and oaths or affirmations aforesaid, in the clerk's office of

Proviso.

the county in which the land is 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 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 insti. tuted against the 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 upon the property of the company, in the nature of a mortgage; and the said justice of the supreme court shall upon application of either party, and on reasonable notice to the others, tax and allow such costs, fees and expenses to the justice of the supreme court, commissioners, clerks and other persons performing any of the duties prescribed in this section, as they or he shall think equitable and right, which shall be paid by the company; provided always, that should the said company, or the owner or owners of any of the land, feel himself, herself, or them. selves aggrieved by the decision of the commissioners aforesaid, he, she, or they, may appeal to the next circuit court in the county wherein the said lands may lie.

8. And be it enacted, That every appeal from the decision of commissioners appointed under the preceding section shall be made in writing, and in the form of a petition to said court, and filed with the clerk of the said circuit court of the county wherein the lands 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

Proceedings on appeal.

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