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any of said streets without the consent of the common council of the city of Trenton being first had and obtained by an ordinance of the common council; and provided fur. Proviso. ther, that in crossing the railroad of "The Camden and Amboy Railroad and Transportation Company," the said railroad hereby authorized to be constructed shall be made at such intersections, on the level of that railroad, and the cuts in the rails thereof, and the crossings and connections, shall be made in the best and most approved manner, and so as not materially to interfere with or obstruct the travel thereon. 7. And be it enacted, That the rails used by the said com. Description

of rails to be pany shall be of the pattern and shape now used by the used. Fifth and Sixth Street Passenger Railroad Company of the city of Philadelphia ; that the track shall be of the same width as the wagon track now established by law, and said track and rails shall in all cases be laid level with the surface or face of the streets through which the same may pass, and in conformity with the grades of said streets, as the same now are or hereafter may be established by the common council, so that said railroad shall not present any obstruction to or in any way interfere with wagons or vehicles turning in or crossing said street. 8. And be it enacted, That the said company shall at all company to

keep streets times maintain and keep in good repair from gutter to through gutter the street through which said road may pass, and road may that no damages or other compensation shall be demanded pair. or recovered from said company for the use of said streets or the right of way through the same either by the city or the land owners along said streets, other than the maintenance and repair of said streets as aforesaid; provided, that the said company shall be liable, as in other cases, for all damages done by them to private property.

9. And be it enacted, That the said company may pur- What real chase, have and hold real estate at the commencement and be held. termini of their railroad, and at any other place or places in the city of Trenton, not exceeding two acres at each place, or five acres in the aggregate, and may erect and

pass in re

estate may

authorized

build thereon houses, warehouses, stables, machine shops, and such other buildings and improvements as they may deem expedient for the safety of property and the construction of carriages and other necessary uses, and take

and receive the rents, profits and emoluments thereof. Dividends. 10. And be it enacted, That the president and directors of

the said corporation 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 railroad. Company 11. And be it enacted, That the president and directors of to construct said corporation shall have power to have constructed, or machinery, to purchase with the funds of said corporation, all such

machinery, horses, cars, wagons, carriages, or other vehicles for the transportation of persons or any species of property on railroads as they may think fit, reasonable, expedient or right; but no steam power shall be used as a motive or propelling power on said railroad; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons or property thereon as they, from time to time, may think reasonable and proper; provided, that not more than five cents shall be demanded or received for conveying any person from any

one point to another on said road. Penalty for 12. And be it enacted, That if any person shall wilfully

impair, injure, destroy or obstruct the use of said railroad, or any of its necessary works, carriages or machines, such person 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. Corporation 13. And be it enacted, That the said corporation shall authorized to borrow have power to borrow such sum or sums of money, from money.

time to time, as shall be necessary to build, construct, repair or equip said road, and to secure the payment thereof by bond or mortgage or otherwise on the said road, lands, privileges, franchises and appurtenances of or belong

ing to said corporation, at a rate of interest not exceeding Proviso. seven per centum per annum; provided, that it shall not be

Proviso.

injuring works.

lawful for the 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.

14. And be it enacted, That if the said railroad shall not commencebe commenced within three years, and be completed at the completion expiration of five years, from the fourth day of July next ensuing, that then, and in that case, this act shall be void.

Approved March 9, 1859.

ment and

CHAPTER XCVIII.

A SUPPLEMENT to the act entitled "An act to incorporate the town of

Bergen, in the county of Hudson," approved March twenty-fourth, eighteen hundred and fifty-five.

WHEREAS, doubts have been suggested whether, in case Preamble.

any assessment authorized to be made by the act aforesaid, has been, or shall be set aside, in whole or in part; it is lawful for the councilmen of the town of Bergen, to appoint again commissioners or freeholders, to make anew such assessment, so set aside; therefore to remove such doubts, and give additional power as hereinafter contained; therefore,

1. BE IT ENACTED by the Senate and General Assembly of Proceedings the State of New Jersey, That in case any assessment, or sessment is any estimate of value and damages, made by any commis

sioners or freeholders, under the act to which this is a supplement, has been, or shall be set aside in whole or in part, by any court, or by the councilmen, or by any other lawful power or authority; it shall be lawful for the councilmen of the said town when duly convened, to appoint three discreet, impartial, and disinterested persons, resident and freeholders in the said town of Bergen, in the manner and with the like qualifications, as designated in the eighth section of the act, to which this is a supplement, and who shall take the oath prescribed in the said act; said freehold. ers so appointed, shall proceed to make such assessment anew, in whole or in part, as the case may require, which assessment shall include the expenses of the work done, and materials furnished, with interest thereon, and the expenses of making the said assessment, and also the expenses incident to the previous assessment or assessments set aside as aforesaid ; such new assessment shall be made in the mode and manner, and upon the principles prescribed in the act to which this is a supplement, shall be confirmed by the councilmen, and shall be subject to appeal for relief as prescribed in the eighth section of the act to which this is a supplement.

2. And be it enacted, That such new assessment shall be a lien as prescribed in the act to which this is a supplement; and shall be of the like operation and effect, and shall be enforced in the same way it would have been lawful to have enforced the said assessment, in case the same had not been set aside.

3. And be it enacted, That this act shall take effect immediately.

Approved March 9, 1859.

New assessment to be a lien,

CHAPTER XCIX.

A SUPPLEMENT to an act entitled "An act to incorporate the Phoenix

Manufacturing Company."

1. BE IT ENACTED by the Senate and General Assembly of amount of the State of New Jersey, That the capital stock of the Phoenix limited. Manufacturing Company be limited to the amount of stock now outstanding on the books of said company; and that all stock heretofore received by said company for debt, or owned by said company in its corporate capacity, be merged, and not again issued by the president and directors of said company.

2. And be it enacted, That a majority of the directors of Directors to said company shall, hereafter, be residents of the state of of state. New Jersey. 3. And be it enacted, That all the meetings of the board Place of

meeting. of directors of said company shall hereafter be held at the office of said company, in the city of Paterson. 4. And be it enacted, That the annual salary of the presi. Salary of

president. dent of said company shall not, from and after the first day of April next, exceed the sum of two thousand dollars per annum.

5. And be it enacted, That this act shall take effect immediately.

Approved March 10, 1859.

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