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issue for the trial of the said controversy, to be formed between the said parties, and to order a jury to be struck, and a view of the premises or materials to be had, and the said issue to be tried at the next circuit 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 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 said owner or owners, and shall find the same, or a less sum, than the company offered or the said commissioners awarded, then the said costs to be paid by the 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 upon filing the aforesaid report, the value and 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 same being first paid into the court of chancery.

9. And be it enacted, That the said company may purchase, What real have and hold real estate at the commencement and termini be held. of their road, and the different intermediate depots upon the line of the same, not exceeding one acre at each place, and may erect and build thereon houses, ware houses, stables and such other buildings and improvements as they may deem expedient for the safety of the property, and the construction of the carriages and other 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 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.

Dividends.

injuring works.

When company may commence running.

.

Commencement and

10. 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 said railroad. Penalty for 11. And be it enacted, That if any person shall wilfully

impair, injure, destroy or obstruct the use of any railroad, enjoyed under the provisions of this act, or in any of their necessary works, bridges or carriages, 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 of competent jurisdiction in an action of debt, and further shall be liable for all damages.

12. And be it enacted, That when two 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 the restrictions created by this act.

13. And be it enacted, That if the said railroad shall not completiou be commenced within two years from the fourth day of

July next ensuing, and completed within four years from that time, that then and in that case this act shall be void.

14. And be it enacted, That on the first day of January, after the railroad and its appendages, or any part thereof shall be finished, so as to be used, the president and trea. surer of said company shall file under oath or affirmation a statement of the amount of the cost of said road, includ. ing 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, a like statement of all further costs and expenses from year to year, and the president and treasurer of said company shall also, under oath or affirmation, make a statement to the legislature of this state of the net proceeds of said road, on the first day of January after it shall be used, and annually thereafter; and as soon as the said railroad or any part thereof shall be put in ope. ration, the said corporation shall pay to the treasurer of this state, a tax of one half of one per centum on the amount expended by said company for said road, which

Annual tax to be paid.

shall in like manner be paid annually thereafter on the first Monday in January of each year; provided, that no Proviso. other tax or other impost shall be levied or assessed upon the said company.

15. And be it enacted, That it shall be lawful for the said Company company to purchase any plank road or roads within the chase roads. limits aforesaid, and to manage and conduct the same, and in case they do not purchase the said roads, then they shall not construct their said road within fifty feet of any such plank road without their consent, except to cross the same, and in doing so they shall cross at right angles, as near as possible.

16. And be it enacted, That this act shall continue in force Limitation. for and during the term of twenty-five years, and that the legislature may at any time alter, modify or repeal the same.

Approved March 15, 1859.

CHAPTER CXLII.

A SUPPLEMENT to the act, entitled," An act concerning inns and taverns,"

approved April seventeenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of Commisthe State of New Jersey, That the township committee of the license inns township of Greenwich, in the county of Gloucester, and the townships of Belleville and Bloomfield in the county

and taverns.

of Essex for the time being, or a majority of them, are
hereby constituted and appointed a board of commissioners
for the licensing of inns and taverns in said township; and
that the said board of commissioners are hereby authorized
to grant licenses to persons to keep inns and taverns in
said township, and to utter and sell victuals, and vinous,
spirituous and other strong liquors, for the accommodation
of men and provender for horses, on applications of similar
form and accompanied by like recommendations as are
required by the act to which this is a supplement; which
licenses, when granted, shall bave the same force and
effect, and be subjected to the same penalties and restric-
tions as if granted by the court of common pleas of said
county, and that bereafter the said court of common pleas
shall have no power to grant licenses to keep inns and

taverns in said township.
Penalty for 2. And be it enacted, That without such license no person
selling with-
out license. shall offer or expose for sale, or sell within said township,

any ale, beer, porter or other fermented liquor by less
measure than five gallons; and any person, so offending,
shall be deemed guilty of a misdemeanor, and on conviction
thereof shall be punished by fine, not exceeding twenty
dollars, together with the costs of prosecution; provided,
that the prosecution shall be commenced within six months
after the offence shall have been committed; provided,
nevertheless, that nothing in this act shall be construed as
releasing any person in said township from being indicted
for selling liquor contrary to the laws of this state without
such license.

3. And be it enacted, That this act shall take effect imme-
diately.

Approved March 15, 1859.

Proviso.

Proviso.

1

CHAPTER CXLIII.

An act to facilitate judicial proceedings in the county of 'Essex.

judges increased.

to judge.

1. BE IT ENACTED by the Senate and General Assembly of Number of the State of New Jersey, That the court of common pleas and general quarter sessions of the peace, in and for the county of Essex, shall hereafter consist of four judges, in addition to the justice of the supreme court holding the circuit for said county, one of which judges shall be a counsellor at law of at least three years' standing.

2. And be it enacted, That such additional judge, by this com popular act provided for, shall receive a salary of fifteen hundred dollars per annum, payable by the board of freeholders of said county, in quarterly payments, but shall receive no share of the fees or compensation now divisible among the judges of said court; provided nevertheless, that he shall Proviso. be at liberty to practise law otherwise than in the courts of said county.

3. And be it enacted, That whenever the justice of the To be presisupreme court holding said circuit court shall be absent, in absence of such additional judge shall be president judge of the court judge. of common pleas, quarter sessions and orphans' court.

4. And be it enacted, That the courts of common pleas Special and quarter sessions of the peace in and for said county be held. may hold adjourned and special terms of said courts, or either of them, under the same regulations already provided by statute in case of the circuit court, and court of oyer and terminer and general jail delivery; provided, that Proviso. no special term of said courts shall be held during the months of July and August.

5. And be it enacted, That indictments for all crimes within Indictments the jurisdiction of the court of general quarter sessions of cases, how the peace, shall be handed down by the court of oyer and terminer and general jail delivery unto and tried in the said court of general quarter sessions of the peace, when

in certain

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