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previous notice in writing of such application to the persons interested, if known and in this state, or if unknown or out of the state, after publication thereof for any term not less than twenty days, in a newspaper published in said city of Rahway, to appoint three disinterested appraisers from the county of Middlesex, to determine the compensation to be paid for the laying of said pipes through said lands or the price to be paid for such lands, as the case may be; and it shall be the duty of said appraisers (after having taken an oath or affirmation faithfully and impartially to discharge the trusts herein reposed in them, and after having carefully viewed the premises), within twenty days after their appointment, to deliver to the said directors a written appraisement, under the hands and seals of them, or a majority of them, of the award they have made, containing a full description of the lands through which the pipes are to be laid, or of the lands required for the erection of reservoirs or other works as 'aforesaid, which appraisement the said directors shall cause to be recorded in the registry of deeds for the county of Middlesex, or Union, or both, as the case may require; and upon payment or tender by the said directors to such owner or owners, as aforesaid, or some one of them, of the sum awarded in such appraisement, if any, then the said directors shall have the right to lay said pipes through the lands aforesaid, or the said directors shall be deemed seized in fee simple of the lands required for the erection of the said reservoirs or other works, as aforesaid ; and in case any owner or owners of such lands shall be feme covert, under age, non compos mentis, or out of this state, then and in that case it shall be sufficient for said directors to pay the amount which may have been appraised as aforesaid, into the court of common pleas of the counties of Middlesex and Union, or either of them, as the case may require, for the use of the party or parties entitled to the same, the costs of all which proceedings shall be taxed by some one of the judges of the court of common pleas of the county of Middlesex, and paid by the said directors.
10. And be it enacted, That in case the directors or the Parties disowner or owners of the said land shall be dissatisfied with may appeal. the award of the appraisers named in the preceding section, and shall apply to the judge of the circuit court of the county of Middlesex, or Union, as the case may require, at the next term of said court after filing of the said award, the said court to which application may be made shall have 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 view of the premises to be had; and the said issue to be tried at the next circuit court to be holden in said county, upon the like notice, and in the same manner as other issues in said court are tried; and it shall be the duty of the jury to assess the value of said land or damages sustained, and if they shall find a greater sum than the said appraisers shall have awarded in favor of the said owner or owners, then judgment therefor, with costs, shall be entered against 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 directors shall have offered, or the said appraisers awarded, then the said costs to be paid by the 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; but such application shall not prevent the directors taking or laying pipes through said lands upon the award of the appraisers, the value or damages being first paid or upon refusal to receive the same upon the tender thereof, or the owner or owners thereof being under any legal disability, the same being first paid into court as herein before directed.
11. And be it enacted, That the directors of said company, Company and all engineers, superintendents, or inspectors in their to examine service, are hereby authorized and directed, at all seasona- cases of ble hours, to enter any dwelling or other place where the water of said company is taken or used, and where un
Repairs to works.
necessary waste thereof is known or suspected, and examine and inquire into the cause thereof; and the said directors, engineers, superintendents, and inspectors shall have full power to examine all service pipes, stopcocks, and other apparatus connected with the water supply or drainage works, for the purpose of ascertaining whether the same are of the character and dimensions, and fixed in the manner directed in the permits issued therefor; and if any person or persons shall refuse to permit such examinations, or oppose or obstruct such officer in performance of such duty, he, she, or they so offending shall be liable to such penalty, not exceeding ten dollars for each offence, as may be imposed by any magistrate of said city before whom complaint may be made, and the supply of water shall also be shut off until the required examination is made, and such alterations and repairs are completed as may be found necessary.
12. And be it enacted, That whenever it shall become necessary to make any repairs or alterations in any pipes which may be laid through any private lands, it shall be lawful for the said directors, with their workmen and agents, and with necessary vehicles, tools, and implements, to enter upon said lands and make the necessary repairs and alterations, doing no unnecessary damage; provided always, that nothing in this section contained shall be so construed as to protect the said company or their workmen or agents from any action that may be brought against them by the owner or owners of said lands for any damage which they may wilfully or wrongfully do.
13. And be it enacted, That if any person or persons shall wilfully pollute or adulterate the waters in any reservoir, aqueduct, conduit, or race-way erected, built, or laid down under the provisions of this act, every person so offending shall be deemed guilty of misdemeanor, and on conviction thereof shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three years, or both, at the discretion of the court before whom such conviction shall be had.
Penalty for polluting water.
14. And be it enacted, That every director, president, and officers to treasurer, and all such other officers as the said directors may appoint, shall, before he or they act as such, take an oath or affirmation for the true and faithful execution of his or their office.
15. And be it enacted, That the president and directors of Dividends. said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of the said water works; and the said corporation shall cause to be kept at their office proper books of account, in which shall be truly and fairly entered all the transactions of the company, which books shall be at all times open within the usual hours of business for the inspection of the stockholders.
16. And be it enacted, That the said company shall have Cary poort power to borrow such sum or sums of money, from time money. to time, as shall be necessary to build, construct, lay down, or repair said water works, fixtures, pipes, and apparatus, and furnish said company with all necessary engines and machinery for the uses and objects of the said company, and to secure the payment thereof by bond and mortgage, or otherwise, on the said water works, engines, machinery, pipes and fixtures and appurtenances of or belonging to said company, at a rate of interest not exceeding seven per centum per annum; provided, that it shall not be lawful for Proviso. said company to plead any statute or statutes of this state against usury in any suit in law or equity instituted to enforce the payment of any bond or mortgage executed under this section.
17. And be it enacted, That the rents for the use of the Water rents water which said company may supply shall draw interest terest. at the rate of seven per centum per annum from the time they become due.
18. And be it enacted, That the owner and occupier of Owners and any house, tenement, or lot shall each be liable for the for rent. payment of the price or rent fixed by the directors for the use of the water by such occupier, and such price or rent shall be a lien upon such house, tenement, or lot, and shall
to give security.
Materials for work, ex
be collected by execution against the owner or occupier of such house, tenement, or lot issued upon judgment obtained for the amount of said price or rent due as aforesaid, in the name of said corporation, in any court of this state having
cognizance thereof. Contractors
19. And be it enacted, That every person who shall enter into any contract with said directors for the supply of materials or the performance of any work or labor in and about the building, erection, or repairing of said water works or any part thereof, or any machinery therefor, shall give satisfactory security for the faithful performance of his contract, according to its terms, and no director shall be interested directly or indirectly in any contract relating to said work.
20. And be it enacted, That all materials procured, or executiom partially procured, under contract with the directors, shall
be exempt from execution, but it shall be the duty of the directors to pay the moneys due to such contractor for such materials to the judgment creditor of the contractor ander whose execution such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached, and such pay.
ment shall be held as valid payment on the contract. City may 21. And be it enacted, That it shall be lawful for the city
of Rahway, at any time after the erection and completion of said water works, in its corporate capacity, to purchase from said company said water works, machinery, pipes, and fixtures, and all the appurtenances thereunto belonging, and all the right, title, and interest of said company of, in, and to the same, upon such terms and conditions as to time and payment as may be agreed upon by and between said city and said company, their lawfully authorized agents or attorneys.
Approved March 8, 1859.