CHAPTER CLII.

AN ACT to incorporate the West Jersey Central Railroad Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Jacob Corson, Jeremiah Edmunds, John Dougherty, Amos Rudderow, Eli B. Wales, David Reeves, Nelson Tomlin, Eleazer Crawford, Benjamin F. Lee, John G. Rosenbaum, and William Halsted, and such other persons as may subscribe to the stock hereby authorized, and their successors, shall be and they are hereby created a body politic and corporate in fact and in law, by the name of "West Jersey Central Railroad Company."

2. And be it enacted, That the said persons named in the first section of this act be appointed the first directors of the said company, and commissioners to receive subscriptions to the capital stock of said company, at such time or times, and place or places, as they or a majority of them may think proper.

3. And be it enacted, That the capital stock of said company shall be one million of dollars, with the privilege of increasing the same from time to time to any sum not exceeding two millions of dollars, divided into shares of one hundred dollars each, which shall be deemed personal property, transferable only on the books of the company, in such manner as the directors of the said company by by-laws or otherwise may direct.

4. And be it enacted, That the directors of said company, at their first meeting, and at each annual election of said company, shall choose out of their own number a president, who shall be a resident of this state, and in case of the death, resignation or removal of the president or any director, such vacancy or vacancies may be filled for the remainder of the year wherein they may happen by the said board of directors, or a majority of them, and in case

of the absence of the president, the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the bylaws of the said company shall provide.

not dissolv

to elect on

day pre

scribed.

5. And be it enacted, That in case it should happen that Corporation an election of directors should not be made during the day ed for failure when pursuant to this act it ought to be made, the said company shall not for that cause be deemed to be dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their office until new ones shall have been chosen in their places.

powers of

6. And be it enacted, That six directors of the said com- Duties and pany shall be competent to transact all business of the said directors. company, and they 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 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 said company, and also shall have power to appoint a secretary and treasurer, and so many 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.

authorized

road.

7. And be it enacted, That the president and directors of Company the said company be and they are hereby authorized and to construct invested with all the rights and powers necessary and expedient to survey, lay out and construct a railroad or lateral roads from one or more suitable place or places in the county of Cape May and the counties of Cumberland, Salem, Gloucester and Camden, to, through or near Dennisville, Port Elizabeth, Millville, Malaga, Glassborough and Woodbury, not exceeding one hundred feet in width, except in such places where, from the depth of excavation or the height of the embankment, it is necessary to take

more land for the slope and protection of the side banks of said railroad, in which case so much land as will be necessary for the purpose, and no more, shall be taken, with as many sets of tracks and rails as they may deem necessary, and it shall and may be lawful for the said president and directors, their agents, engineers, superintendents or others in their employ, to enter at all times upon all land and waters for the purpose of exploring, surveying, levelling or laying out the route or routes of such railroad, and of locating the same, and to do and erect all necessary works, buildings and appendages thereof, doing no unnecessary injury to private or other property, and when the route or routes of such road shall have been determined upon, and a survey of such route with the owner or owners of such required lands or materials for the use or purchase thereof, or when, by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land or materials so required for the use of the said company in the construction of the said road shall be given in writing, under 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 or out of this state, to make publication thereof as he shall direct for any term not less than six 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, route or routes deposited in the office of the secretary of state, then it shall be lawful for the said company, 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, ferries, and all other works necessary to lay rails, and to do all other things which shall be suitable or necessary for the completion or repair of the said road or roads, subject to such compensation as is hereinafter provided; provided always, that the payment Proviso. or tender of the payment of all damages for the occupancy of lands through which the said railroad may be laid out, be made before the said company or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said road or roads, unless the consent of the owner or owners of such lands be first had and obtained.

in case com

Owners can

8. And be it enacted, That when the said company or Proceedings its agents cannot agree with notice aforesaid, he shall pay and appoint, under his hand and seal, three disinterested, im- not agree. partial, and judicious freeholders, not resident in the county in which the lands or materials in controversy lie or the owners reside, commissioners to examine and appraise the said lands, or materials, 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 six days; and it shall be the duty of the said commissioners (having first taken and 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 and materials, 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 said company for such lands and materials, 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 lands or materials and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county in

Parties dis

satisfied

which the lands or materials are 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 the same company to have, hold, use, occupy, possess, and enjoy the said land or materials, or of the said owner or owners to recover the amount of said valuation, with interests and costs, in any action of debt, in any court of competent jurisdiction, in a suit to be instituted 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 on 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 of this act, as they or he shall think equitable and right, and to order and direct by whom the same shall be paid under the circumstances of the case.

9. And be it enacted, That in case the said company, or may appeal. the owner or owners of the said land or materials, shall be dissatisfied with the report of the commissioners named in the preceding section, and shall apply to the justices of the supreme court, at the next term after the filing of the said report, the court shall have the power, upon good cause shown, to set the same aside, and thereupon 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 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 said jury to assess the value of the said lands 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 said