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dence of the right of the said 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 interest and costs, in an 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 Lien. 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 Costs. 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.

had at cir

SEC. 14. And be it enacted, That in case the said company, Trial, when or the owner or owners of the said lands or materials, shall be cuit. 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 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 Damages, value of the said lands or materials and damages sustained, ed. having regard to the benefits aforesaid; 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 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

how assess

Bridges to be built.

Tolls demandable.

direct; provided, that such application shall not prevent the company from taking the said land or materials, upon the filing of the aforesaid report.

SEC. 15. And be it enacted, That it shall be the duty of the company to construct and keep in repair good and sufficient bridges or passages over the said railroad or roads, where any public or other roads shall cross the same, so that the passage of carriages, horses, and cattle on said roads shall not be prevented thereby; and also, where the said railroad shall intersect the farm or lands of any individual, to provide and keep in repair suitable wagon ways, so that the owners and others may pass the same.

SEC. 16. And be it enacted, That the said company are hereby authorized to demand and receive such sum or sums of money, for tolls and the transportation of persons, and every species of property whatsoever thereon, as they shall from time to time think reasonable and proper; provided, that they shall Rates of toll. not charge more than at the rate of eight cents per ton per mile for the transportation of every species of property, nor more than ten cents per mile for the carrying of each passenger; and that the said railroad or roads, and their appendages, and the land over which the same shall pass, and all the works and improvements, and all other property whatever, belonging to the company, are hereby vested in the said company incorporated by this act, and their successors, for and during the continuance Shares per- of this charter; and the shares of the capital stock shall be deemed and considered personal estate; 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 When char 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 aforesaid, their heirs or assigns; proRailroad, vided always, if the state of New Jersey shall take possession of in the state. the said road, then the said road, and the title to the said lands shall be, and hereby is vested in the state of New Jersey, so long as they shall maintain the same.

sonal estate.

ter annulled.

when vested

Dividends,

when made.

SEC. 17. And be it enacted, That the president and directors of said company shall, as soon as the affairs of the company

will admit, declare and make such dividend as they may deem prudent and proper of the net profits thereof; and shall semiannually declare such dividend, and pay the same to the stockholders of the said company, in proportion to the amount of shares held by them, respectively, or in case they fail so to do, assign their reasons to the stockholders, in writing, for not doing so.

injuries, &c.

SEC. 18. And be it enacted, That if any person or persons Penalty for shall wilfully injure, impair, destroy, or obstruct the use of any railroad constructed under this act by the said company, or any of their necessary works, carriages, or machines, such person or persons so offending shall forfeit and pay to the said company any sum not exceeding one hundred dollars, at the discretion of the court or jury, to be by them recovered in any court of competent jurisdiction, in an action of debt, and also be liable to pay double the amount of damages sustained thereby.

may be in

SEC. 19. And be it enacted, That if it shall be necessary to Capital stock carry into full effect the objects of this act, the stockholders shall creased. have the power to increase the capital stock of the said company any sum not exceeding five hundred thousand dollars, by increasing the number of shares for that purpose.

reserved for

SEC. 20. And be it enacted, That the legislature of this state One-fourth shall have the privilege of subscribing for one-fourth of the capi- the state. tal stock of this company, and shall have the appointment of two of the said directors of the company to represent the same; or

ment of Feb.

if they shall subscribe for a less number of shares, then as many See suppledirectors, proportionably, as the number of shares subscribed by 4, 1831. them shall bear to the whole amount of stock; but if the said stock shall not be subscribed for on or before the first day of January next, then the right to subscribe therefor by the legisla- How long. ture shall cease, and only be admitted by the approbation and consent of a majority of the stockholders who shall have subscribed for the stock of said company.

make void

SEC. 21. And be it enacted, That if the railroad shall not be what shall commenced within two years after the passing of this act, or this act. shall not be completed with nine years, this act shall be void.

may take

how,

SEC. 22. And be it enacted, That, at the expiration of thirty When state years from the completion of the said roads, the legislature of railroad, and this state may cause an appraisement of the said roads, and the appendages thereof, to be made by six persons, three of whom C*

Quarterly returns to be made.

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 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 in case the said company shall neglect or refuse to appoint the said three persons on their part, for two months after the said appointment by the chief justice, then the three persons so appointed by him shall proceed to mak 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 a 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 said roads, 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 appendages thereof, shall be vested in the state of New Jersey, upon 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 costs of the said roads, and of all the receipts and disbursements of the company.

SEC. 23. And be it enacted, That, from and after the completion of the said road or roads, it shall be the duty of the treasurer of the said company, under oath or affirmation, to make quarterly returns of the number of passengers, and the number of tons of goods, wares, and merchandise transported upon said road or roads, to the treasurer of this state for the time being, and Transit duty. thereupon to pay the said treasurer of this state at the rate of ten cents for each and every passenger, and the sum of fifteen cents for each and every ton of merchandise, so transported thereon; and that no other tax or impost shall be levied or assessed upon the said company.

No other railroad to be

SEC. 24. And be it enacted, That if the state of New Jersey made within shall authorize the construction of any other railroad for the transportation of passengers across this state, from New York

three miles.

to Philadelphia, which road shall be constructed and used, and which shall commence and terminate within three miles of the commencement and termination of the said roads authorized by this.act, then the payment of the said sum of ten cents for each passenger, and fifteen cents per ton for merchandise, to the treasurer of this state shall cease, and the said company is hereby exonerated from the payment thereof; provided, that if any other railroad shall be constructed for the transportation of passengers from Philadelphia to New York, it shall be liable to a tax, not less than the amount payable to the state by this company.

SEC. 25. And be it enacted, That this act shall be deemed and taken as a public act, and, as such, taken notice of by all courts of justice in this state, without the necessity of pleading the

same.

Public act.

certain pro

SEC. 26. And be it enacted, That the company incorporated subject to by this act shall be deemed to be within, and subject to the pro- visions. visions of the act entitled, "An act to prevent frauds by incorporated companies," passed the sixteenth day of February, A. D. eighteen hundred and twenty-nine.

to be em

SEC. 27. And be it enacted, That the company incorporated Capital not by this act shall not employ its capital, or any part thereof, in ployed in banking operations, nor engage in any transactions peculiar and appropriate to banking institutions.

banking.

ways.

SEC. 28. And be it enacted, That the said railroads shall, and Public high hereby are declared to be a public highway, subject to the regulations of the said company, as contained in the seventh section of this act.

1

A supplement to an act entitled, "An act to incorporate the Delaware and Raritan Canal Company," passed fourth day of February, eighteen hundred and thirty.

Passed February 3, 1831.

mer act a

SEC. 1. BE IT ENACTED by the Council and General Assembly Part of for of this State, and it is hereby enacted by the authority of the mended. same, That the twenty-fifth section of the act to which this is a supplement be, and the same is hereby so amended as to extend the time of thirty years, therein mentioned, to fifty years, any

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