fix such salaries to them, and also to the president, as to the said directors shall seem proper.

to construct

Directors,

ter upon

6. And be it enacted, That the president and directors of the Company said company be, and they are hereby authorized and invested authorized with all the rights and powers necessary and expedient to sur- railroad. vey, lay out, and construct a railroad from some suitable point on the river Delaware, within the city of Burlington, to some point in the town of Mount Holly, not exceeding seventy-five feet wide, with as many sets of tracks and rails as they deem necessary; and it shall be lawful for the said president and directors, their agents, engineers, superintendents, or others in their &c., may enemploy, to enter at all times upon all lands or water, for the pur-lands. pose of exploring, surveying, levelling, or laying out the route 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 of such road shall have been determined upon, and a survey of such route 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, 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, subject to such compensation as is herein after provided; provided always, that the payment, 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 in their employ, shall enter upon or break ground in the premises, except for the purpose of surveying or laying out said road, unless the consent of the owner or owners of such lands be first had and obtained.

in case com

owners of

7. And be it enacted, That if the said company or its agents Proceedings cannot agree with the owner or owners of such required lands, pany and for the use or purchase thereof, or if, by reason of the legal inca- land cannot pacity or absence of such owner or owners, no such agreement agree. can be made, a particular description of the land so required for the use of the said company in the construction of 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 judges of the inferior court of common pleas of the said county, who shall cause the said company to give notice thereof to the persons interested,

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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 twenty days, and to assign a particular time and place for the appointment of the commissioners herein after 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, resident in the county of Burlington, commissioners to examine and appraise the said lands and to assess the damages, upon such notice, not less than twenty days, to be given to the persons interested, as shall be directed by the judge making such appointment; and it shall be the duty of the said commissioners, (having first taken an oath or affirmation, before some person duly authorized to administer the same, faithfully and impartially to examine the matter in question, and make a true report, according to the best of their skill and understanding,) to meet at the time and place appointed, and proceed to view and examine the said lands, and to make a just and equitable estimate or appraisement of the value of the same, and assessment of damages, which shall be paid by the company for such land and damages aforesaid; the said commissioners are also directed and required to assess the damages which any individual or individuals may sustain by the said road, arising from the removing, making, and maintaining the fencing on the line of the route of said road, through any improved lands over which the same may run; 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 and affirmations aforesaid, in the clerk's office of said county, to remain of record therein; which report, or a copy thereof, certified by the clerk of the 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 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 either of the judges of the said court shall, on application of either party, and on reasonable notice to the others, tax and allow such costs, fees, and expenses, to the judges of said court, commissioners, clerks, and other persons performing any of the duties prescribed in this section of the act, as he shall think equitable and right, and to order and direct to whom the same shall be paid by the said company.

have trial by

8. And be it enacted, That in case the said company, or Parties dis owner or owners of the said land, shall be dissatisfied with the satisfied may report of the commissioners named in the preceding section, jury. the party so aggrieved may appeal to the circuit court of the county, at the first or second term after the filing of the said report, by proceeding in form of petition to the said court; which proceeding shall vest in the said circuit court full right and power to hear and adjudge the same, and thereupon to direct a proper 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 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 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 favour 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 owner or owners, and shall find the same, or a less sum than the company shall have offered, or the said commissioners awarded, then 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 said court shall direct; but such application shall not prevent the company from taking the said land, upon the filing of the aforesaid report.

make and re

9. And be it enactel, That it shall be the duty of the said Company to company to construct and keep in repair good and sufficient pair bridges." bridges or passages over or under the said railroad, where 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 shall intersect any farm or lands of any individual, to provide and keep in repair suitable and convenient wagon ways over or under said railroad, so that they may be passable.

transporta.

property.

10. And be it enacted, That the president and directors of Rates for the said company shall have power to have constructed, or to tion of paspurchase with the funds of the company, and to place on the engers and said railroad, all machinery, engines, cars, wagons, carriages, or vehicles for the transportation of persons, or any species of property, as they may think reasonable, expedient, or right; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons, and every species of property whatsoever thereon, as they from time to time shall think reasonable and proper; provided, that

Semi-annual dividend to be made.

they shall not charge more than at the rate of five cents per mile for carrying each passenger, nor more than ten cents per ton per mile for the transportation of every species of property on said road in the carriages of the said company, or three cents per mile per ton for property, or three cents per mile for each passenger carried on said road in the carriages of others, and three cents per mile for each empty carriage; and that the road authorized by this act shall be, and is hereby declared a public highway, and free for the passage of any railroad carriage thereon with passengers or property, upon payment of the tolls prescribed by this act; provided always, that the said carriages so used thereon shall be of the same description, in the formation of the wheels and length of axle, as those used by the company, and shall be regulated, as to the time of starting and rates of travelling, by the company in the same manner as the carriages of the company are; and the said railroad and its appendages, and the land over which the same shall pass, and all the works and improvements, and all other property whatsoever belonging to the company, are hereby vested in the said company and their successors for and during the continuance of the charter; provided always, that in case the said company, after the same is completed, shall abandon the said road, or cease to use and keep the same in repair, at any time for three successive years, that then and in that case this charter shall be annulled, and the title to the lands over which the said road shall pass shall be revested in the person or persons from whom the lands were taken by concession or by inquisition as a foresaid; but that the superstructure of the said railroad, and the materials of which the same is composed, shall in such case be deemed and taken to be the personal property of the said company, and shall be by the said company removed and disposed of to and for the use of the said incorporation.

11. 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 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, or to their legal representatives, in proportion to the number of shares held by them respectively, as they may deem prudent and proper.

12. And be it enacted, That the said company may have and hold real estate, at or near the commencement and termination of the said road, not exceeding three acres at each place; and may erect and build thereon houses, warehouses, and such other buildings and improvements as they may deem expedient for the safety of their property and other necessary uses appertaining to their business.

injuring

13. And be it enacted, That if any person or persons shall Penalty for wilfully or maliciously injure the said road, or any buildings, works, machinery, or works of the said corporation, such person or persons shall forfeit and pay therefor, to the corporation, three times the amount of damages sustained by means of such injury, to be recovered in the name of the said corporation, with costs of suit, in any court having cognizance of the same.

cost to be

14. And be it enacted, That as soon as the said railroad, Statement of with its appendages, shall be finished, so as to be used, the filed. president of the said company shall file, under oath or affirmation, a statement of the amount of the cost of said road, including all expenses, in the office of the secretary of state, and annually thereafter he shall, under oath or affirmation, make a statement to the legislature of this state of the proceeds of said road; and whenever the net proceeds of said road shall amount to six per centum per annum upon its cost, the said corporation 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, on the first Monday in January in each year; provided, that no other tax or impost for the use of this state shall be levied or assessed upon the said company.

payment of

15. And be it enacted, That at any time after the expiration State may of thirty-five years from the passage of this act, the legislature take road on of this state may cause an appraisement of said railroad, with assessment. the appendages thereof, to be made by six persons, three of whom shall be appointed by the chief justice of the state for the time being, and the remaining three by the said company, who, or a majority of them, shall report the value thereof to the 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 incase 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 said three per-sons so appointed by him shall proceed to make such appraisement, which shall be binding upon the said company; or in case the said six commissioners shall be appointed as aforesaid, and 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, and thereupon the state shall have the privilege for two years of taking said road, upon the payment to the company of the amount of said appraisement within one year after electing to take said road; which report shall be filed in the office of the secretary of 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 to the said company of th. amount so reported; pra

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