company and execution awarded therefor; but if the same. jury shall be applied for by the said owner or owners, and shall find the same, or a less sum than the company shall have offered, or the said commissioners awarded, then the 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 court shall direct; provided, that such application shall not prevent the com- Proviso. pany from taking the said land or materials upon the filing of the aforesaid report. transporta 10. And be it enacted, That the president and directors Rates of of the said company shall have power to have constructed, tion. or to purchase with the funds of the company, and to place on any railroad constructed by them, all machines, engines, wagons, carriages, or vehicles for the transportation of persons or any species of property thereon as they may think reasonable, expedient, or right; provided, that they Proviso. shall not charge more than at the rate of eight cents per mile per ton for the transportation of property on the said road or roads, or five cents per mile for carrying each passenger on said railways in the carriages of the company, or three cents per mile for each ton of property transported, or three cents per mile for each passenger carried on said railways in the carriages of others, and three cents per mile for each empty carriage; and that the railroad or roads, and their appendages, and the land over which the same shall pass, and all the works and improvements, steam engines, carriages, and all other property whatsoever be longing to said company, at any time or times, are hereby vested in the said company incorporated by this act, and their successors and assigns, during the continuance of this act. construct repair 11. And be it enacted, That it shall be the duty of said Company to company to construct and keep in repair good and sufficient and keep in bridges or passages, over and under the said railroad, where bridges. any public or other road shall cross the same, so that the passage of carriages, horses, and cattle on the said road shall not be impeded thereby, and also, where the said road Dividends. Penalty for injuring works. What real estate may be held Annual tax to be paid. shall intersect any farm or lands of any individual, to provide and keep in repair suitable wagon ways over or under said road, so that he may pass the same. 12. And be it enacted, That the president and directors shall within one year after the said railroad shall have been completed, declare and make such dividend as they may deem prudent and proper of the net profits thereof, and shall in like manner semi-annually thereafter declare such dividends and pay the same to the stockholders of the said company, in proportion to the amount of shares held by them respectively, as they may deem prudent and proper. 13. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of any railroad enjoyed under the provision of this act, or of any of their necessary works, wharves, bridges, carriages, or machines, 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 having competent jurisdiction in an action of debt, and further, shall be liable for all damages. 14. And be it enacted, That the said company may have and hold real estate at the commencement and termination of said road or roads, and at intermediate depots upon the line of the said road not exceeding ten acres at each place,, and may erect and build thereon such houses, warehouses, machine shops and other buildings and improvements, as they may deem expedient for the safety of property and the construction of cars, carriages, steam engines, and for other necessary uses, and shall also have the privileges and authority to erect, build and maintain in said counties, such wharves, piers, bridges, and other facilities as they may think expedient and necessary for the full enjoyment of all the benefits conferred by this act, which said lands shall be obtained in the manner provided for in the second section. of this act. 15. And be it enacted, That as soon as the railroad, with its appendages, shall be finished, so as to be used, the president and treasurer of the said company shall file, under oath or affirmation, a statement of the amount of the cost of the 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 affirmation, make a statement to the legislature of this state of the proceeds of said road until the net income of said road shall amount to six per centum upon the amount of its cost; and as soon as the net proceeds of said railroad shall amount to six 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 said road, to be paid annually hereafter on the first Monday of January of each year; provided, that no other tax or impost Proviso. shall be levied or assessed upon the said company. may borrow 16. And be it enacted, That the said company shall have Company power to borrow such sum or sums of money, from time money. to time, as shall be necessary to build, construct, or repair said road, and furnish the said company with all necessary engines and machinery for the uses and objects of the said company, and to secure the repayment thereof by bond and mortgage, or otherwise, on the said road, lands, privileges, franchises, and appurtenances of or belonging to said. company, at a rate of interest not exceeding seven per centum per annum. take road on appraise 17. And be it enacted, That at any time after the expira- State may tion of fifty years from the completion of the said road, payment of the legislature of this state may cause an appraisement of ment. the said road and 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 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, 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 their said appointment by the said chief justice, then the three persons so appointed Proviso. Commencement and of road. by him shall proceed to make such appraisement, which shall be binding on the said company; or in case the said six commissioners shall be appointed as aforesaid, 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, upon the payment to the company of the amount of the 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 that it shall be the duty of the president of the company to lay before the legislature, under oath or affirmation, when they shall so request, a full and fair statement of the cost of the said road, and of all the receipts and disbursements of the company; provided always, that the aforesaid valuation shall be made. without reference to the receipts and disbursements of the company or advance of the stock; and the said valuation shall in no case exceed the first cost of valuation of said road, with the lands and appendages thereof. 18. And be it enacted, That if the said railroad shall not completion be completed and in use at the expiration of ten years from the fourth day of June next ensuing, that then and in that case this act shall be void. 19. And be it enacted, That this act shall take effect immediately. Approved March 16, 1859. CHAPTER CLIII. A SUPPLEMENT to the act entitled "An act to secure to mechanics and others payment for their labor and materials in erecting any building," approved March eleventh, eighteen hundred and fifty-three. of act ex 1. BE IT ENACTED by the Senate and General Assembly of Provisions the State of New Jersey, That the lien given by the act to tended. which this is a supplement, shall be and is hereby extended to all buildings of whatever description within this state, and to the lots of land and curtilages whereon the same are erected, for all debts contracted by the owner or owners thereof, or by any other person with the consent of such owner or owners in writing, for work done or materials furnished for or about the repairing of such buildings, or any of them; provided, the agreement be made a matter of Proviso. record in the office of the clerk of the county; provided also, that said lien shall not be valid against a bona fide purchaser or mortgagee before said lien is filed in the office of the clerk of the county. 2. And be it enacted, That this act shall take effect immediately. Approved March 16, 1859. |