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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 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 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, Proviso. 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 said railroad, or mak. ing 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 to 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, or in case of appeal found by the jury, 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, unto the cir. cuit 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 from his, her or their appeal from the report of the commissioners.

Company to construct

bridges.

What real estate may be held.

9. And be it enacted, That it shall be the duty of the said and keep in company to construct and keep in repair good and sufficient

bridges or passages, over or under the said railroad, 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 the said road.

10. And be it enacted, That the said company may purchase, have and bold real estate at the commencement and termini of their railroad, and at any intermediate depot upon the line of the same, not exceeding five 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 necessary uses, and 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 enjoy. ment of all the benefits conferred by this act; provided, the said company, whenever it may become necessary to cross any navigable 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 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 president and directors of to purchase said company shall have power to have constructed, or to

purchase with the funds of said company, all such machinery, engines, cars, wagons, carriages, or other vehicles, for the transportation of persons or any species of property on railroads, as they may think fit, reasonable, expedient or right; but no steam power shall be used as a motive or

Proviso.

Dividends.

Company authorized

&c.

propelling power on said railroad; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons and property thereon as they, from time to time, may think reasonable

and proper.

13. And be it enacted, That if any persou shall wilfully Pejuarly for impair, injure, destroy or obstruct the use of any railroads works. enjoyed under the provisions of this act, or any of their necessary works, wharves, bridges, carriages or machines, such 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.

14. 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 roads, 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 be Proviso. 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.

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

16. And be it enacted, That as soon as the said railroad is Annual tax finished, the president of the said company shall file under oath or affirmation a statement of the cost of the said rail. road, including all expenses, in the office of the secretary of state, and annually thereafter shall under oath or affirmation make a statement to the legislature of this state of the proceeds and expenses of said railroad, and whenever the

to be paid.

1

Proviso.

may cousoli

net proceeds of the said road shall amount to seven per centum 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 the said road, to be paid annually on the first Monday in January; provided, that no other tax or impost shall be levied or raised from said corporation by

virtue of any law of this state. Corporation

17. And be it enacted, That it shall be lawful for the corwith other poration hereby created, and the aforesaid " The Camden companies and Moorestown Turnpike Company" and "The Moores.

town and Mount Holly Turnpike Company," with the consent of two thirds, in value, of such of the stockholders of said companies as shall attend a meeting thereof, upon the joint call of their respective presidents, to be published at least four weeks successively in two of the newspapers printed and published in the counties of Camden and Burlington, specifying the time, place and object of such meeting, to consolidate the capital stock of said two companies upon such terms and conditions, and with such capital as may be agreed and determined upon by their respective boards of directors; and that, whenever the said capital stocks shall be so consolidated, a certificate thereof, under the common seal of the said three companies, attested by their presidents, shall be filed in the office of the secre. tary of state, at Trenton, and thereupon the said three companies shall be and become a corporation and body politic, in fact and in law, by the name of "The Camden, Moorestown, Hainesport and Mount Holly Horse Car Railroad and Turnpike Company," with such capital as may be agreed upon and determined as aforesaid, not exceeding the amount of the joint capitals thereof, and with all the powers, privileges and franchises of said three companies, but subject to all their restrictions, limitations, conditions and penalties; and it shall be lawful for the stockholders of said three companies, as soon as conveniently may be after said consolidation, upon the joint call of their then late presidents, to be made and published as above set forth, to elect from among themselves a board of thirteen directors for such consolidated company, to manage the affairs thereof for one year next ensuing, and until others shall be elected in their stead; and annually thereafter the stockholders of such consolidated company shall elect a like board of directors to manage the affairs of said company, which board and boards of directors shall have all the powers and privileges to elect and appoint a president and other officers, agents and workmen, and to conduct and manage the affairs of such consolidated company, as is hereinbefore provided for, and given to and conferred upon the boards of directors for the said “The Camden, Moorestown, Hainesport and Mount Holly Horse Car Railroad Company," as to such company.

·Approved March 15, 1859.

CHAPTER CXLI.

An Act to incorporate the Jersey City and Bergen Railroad Company.

.

1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That Dudley S. Gregory, Jacob M. corporators, Merseles, Matthew Armstrong, Peter Bentley, John M. Cornelison, and such other persons as may be hereafter associated with them, their successors and assigns be and are hereby created a body corporate and politic in fact and in name, by the name of the Jersey City and Bergen Railroad Company, and shall be capable of purchasing, holding

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