Parties aggrieved may appeal. 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, waters, or streams, and the appointment and oaths or affirmation aforesaid, in the clerk's office of the county in which the lands, waters, streams, 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 said company to have, hold, use, occupy, possess, and enjoy the said lands, waters, or streams, and 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 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 by 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. 4. And be it enacted, That in case the said company, or the owner or owners of the said lands, waters, or streams 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 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 jury to assess the value of the said lands, waters, streams, and damages sustained, having regard to the benefits aforesaid; 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 shall have 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; provided, that such application shall not prevent the com- Proviso. pany from taking the said lands, waters, or streams upon the filing of the aforesaid report, and payment, or tender of payment of compensation and damages as aforesaid. construct 5. And be it enacted, That it shall be the duty of the said Company to company to construct and keep in repair good and sufficient bridges. bridges or passages over the said canal or canals where any public roads cross the same, so that the passage of carriages, horses, and cattle on said roads shall not be prevented thereby; and also where said canal or canals shall intersect the farm or lands of any individual, to provide and keep in repair a suitable bridge or bridges as aforesaid, so that the owner or owners and others may pass the same. may take 6. And be it enacted, That the said company are hereby company authorized to demand and receive such sum and sums of toll. money for tolls and the transportation of persons and every species of property whatsoever on said canal and canals and such slackwater navigation as they from time to time shall think reasonable and proper; provided, that they shall Proviso. not charge more than at the rate of four cents per ton per mile toll for the transportation of every species of property, nor more than five cents per mile toll for the carrying of each passenger on the said canal and canals and the said river, between the places aforesaid; provided, also, that not Proviso. Route may be altered. Canal to be deemed pub more than one-half of the rates of toll provided in this section shall be charged to farmers actually residing on the line of the said improvement, for transporting lime or other fertilizing materials. 7. And be it enacted, That under the powers, restrictions, and conditions stipulated and prescribed in this supplement, it shall be lawful for the said company to alter any part of the route of the canal or canals, if in constructing the same they meet with any insurmountable obstructions, arising from rocks or other physical cause, making compensation to owners, as herein before provided. 8. And be it enacted, That the said canal and canals, and lie highway. the river Passaic, and the works to be erected thereon in virtue of this supplement for the transportation of passengers and freight as aforesaid, shall be esteemed a public highway, free for the transportation of passengers, or any goods, commodities, or produce whatever, on payment of the established tolls. And the said company, and their grantees and lessees, may use the waters thereof at their mills and works for manufacturing purposes; provided, that the navigation of said canal or canals or of said river shall not be thereby in anywise hindered or obstructed. Proviso. Capital stock may ed. directors. 9. And be it enacted, That the stockholders of the said be increas company shall be and they are hereby authorized to increase the capital stock of said company five hundred thousand dollars, by increasing the number of shares for that purpose. Election of 10. And be it enacted, That the number of directors shall be seven, instead of five, as heretofore, and that they shall be elected annually, on the first Tuesday in March in each year; and the directors last chosen, and the survivors and survivor of them, shall continue to act until a new board shall be duly elected and qualified to act. What lands may be held by company. 11. And be it enacted, That no part of this act shall be so construed as to authorize or empower the said company to take by assessment, in manner aforesaid, any lands whatever, for the purpose of erecting thereon any of their mills or manufactories, or houses for their workmen, agents, or others; but nevertheless the said company may take and hold such lands as they may deem suitable for the erection of mills, manufactories, dwelling-houses, and other erections pertaining thereto, by purchase or contract with the lawful owner or owners thereof, and not otherwise. ferable. 12. And be it enacted, That the shares of stock in said Stock transcompany shall be deemed personal property, and shall be transferable in such manner as said company shall by their by-laws direct. Approved February 12, 1858. CHAPTER XXXII. AN ACT Supplementary to an act entitled "An act to incorporate Jersey council may nances for workhouses, 1. BE IT ENACTED by the Senate and General Assembly of Common the State of New Jersey, That the common council of Jersey pass ordiCity shall have full power and authority to pass, alter, and constructing repeal ordinances to take effect within said city, for the &c. purpose of constructing and maintaining a workhouse, adjoining and connected with the almshouse in said city, and to compel such paupers as now are or may at any time or times hereafter become inmates of said almshouse, and such persons as may be committed thereto by the recorder, as hereinafter provided, to perform work and labor therein; and to purchase such material as may be neces sary to keep such paupers or prisoners in employment in said workhouse, and to sell the products manufactured in said workhouse, and appropriate the moneys arising from Proviso. Powers and duties of recorder. Proviso. Part of former act repealed. such sale to such purpose or purposes as they may deem advisable; provided, however, that said moneys shall be appropriated to city purposes; and to cause proper and prudently and discreetly ordained punishments to be inflicted upon such of said inmates as refuse to obey the laws or rules of the said workhouse, or the person or persons intrusted with the superintendence of the same, and to otherwise regulate and control the said workhouse as they may deem advisable. 2. And be it enacted, That the recorder of said city, in addition to the powers heretofore conferred on him, be and is hereby empowered to cause any person or persons who shall be found guilty of a violation of the ordinances of said city, and who refuse or neglect to pay any penalty or penalties imposed by reason of the same, and all or any person or persons found guilty of a breach of the peace, or of any other light offence, within the jurisdiction of the said recorder, to be sent to the said workhouse for such time as in his discretion may seem meet, and there to perform work in the said workhouse, and to conform to the rules and laws of the same; provided, however, that such persons shall not be sent to the said workhouse to be confined there for a longer time than ten days, for any offence. 3. And be it enacted, That such parts of the said act to which this is a supplement, and all other acts or parts of acts inconsistent with, or in any wise contravening the true intent and meaning of this act, be and the same are hereby repealed. 4. And be it enacted, That this act shall take effect immediately. Approved February 13, 1858. |