sonal estate.

ney, for tolls and the transportation of persons, and every species of property whatsoever, on said canal and feeder, as they shall, from time to time, think reasonable and proper; provided, that they shall not charge more than at the rate of four cents Rates of toll. 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 canal, and not more than half that rate of toll on the feeder; and that the said canal and feeder, 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 of this charter; and the shares of Shares perthe capital stock shall be deemed and considered personal estate; provided always, that in case the said company shall not complete the canal and feeder within the time herein before limited, or, if after the same is completed, shall abandon the said canal and feeder, or cease to use and keep the same in repair, at any time for three successive years, that then and in that case this When char charter shall be annulled, and the title to the lands over which the said canal and feeder 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; provided always, if the state of New Jersey shall take possession of said Canal, &c., canal and feeder, then the said canal and feeder, and the title to in the state. the said lands, shall be, and hereby are vested in the state of New Jersey, to be used or disposed of as the legislature may deem proper.

ter annulled.

when vested

when made.

SEC. 18. And be it enacted, That the president and directors Dividends, 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 do⚫ing so.

be altered.

SEC. 19. And be it enacted, That, under the powers, restric- Rates may tions, and conditions, stipulated and prescribed in the foregoing enactments, it shall be lawful for the company aforesaid to alter

B*

any part or parts of the route of the canal or feeder, if in constructing the same they meet with any insurmountable obstructions, arising from rocks or other physical causes, making comNo other ca- pensation to owners, as herein before directed; and that it shall made within not be lawful for any person or persons, body corporate or poli

nal to be

five miles.

Public high

way.

Penalty for

tic, whatsoever, to construct any canal within five miles of any point of the said canal or feeder, without the consent of the said company, expressed in writing under their common seal, saving to any person or persons, body politic or corporate, any of their just and legal rights already vested, to the contrary of this prohibition; and it shall be the duty of the chancellor of this state. upon an application made therefor, by bill in due form of law, by the said company, to issue his injunction to stay and prevent the erection and construction of any such canal.

SEC. 20. And be it enacted, That the said canal and feeder, and the works to be erected thereon, in virtue of this act, for the transportation of passengers and freight, as aforesaid, when so far completed as to be used, 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.

SEC. 21. And be it enacted, That if any person or persons injuries, &c. shall, in any manner, wilfully or maliciously destroy, injure, or obstruct said canal or feeder, or any of their parts or works therewith connected, or unnecessarily and maliciously open any gates thereon, he, she, or they shall forfeit and pay to the said company any sum not exceeding one hundred dollars, 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.

Capital stock may be increased.

One-fourth

reserved for the state.

SEC. 22. And be it enacted, That if it shall be necessary to carry into full effect the objects of this act, the stockholders shall 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.

SEC. 23. And be it enacted, That the legislature of this state shall have the right of subscribing for one-fourth of the capital. stock of the company created by. this act, and in case the state shall so subscribe, it shall have the appointment of two of the directors of the said company; or if the state shall subscribe for a

1

supplement

1832.

less number of shares, then the state shall have the appointment Repealed by of one director, which director or directors shall be appointed in of March 2, such manner as the legislature shall by law direct; provided always, that if the legislature shall omit or refuse to authorize such subscription as aforesaid, for the space of two years after How long. the said company shall have fixed upon and agreed to the size, dimensions, and routes, or location, of the said canal and feeder, then the said right to subscribe shall cease; and provided also, that if the state shall subscribe for any portion of the said stock, When route not less than one-eighth part thereof, the company shall not altered. thereafter alter or change the size, dimensions, or location thereof, without the consent of the legislature.

may not be

make void

SEC. 24. And be it enacted, That if the canal and feeder shall what shall not be commenced within two years after the passing of this this act. act, or shall not be completed within eight years, this act shall be void.

may take ca

how.

ment of Feb.

SEC. 25. And be it enacted, That, at the expiration of thirty When state years from the completion of the canal and feeder, the legislature nal, &c., and of this state may cause an appraisement of the said canal and feeder, and the appendages thereof, to be made by six persons, three of whom shall be appointed by the governor, or person See supple administering the government of this state, the remaining three 3, 1831. 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, which value shall in no case exceed the first costs of the said canal and feeder, with the lands and appendages thereof; and thereupon the state shall have the privilege, for ten years, of taking said canal and feeder, upon the payment to the company. of the amount of the said report within one year after electing to take said canal and feeder; which report shall be filed in the office of the secretary of this state, and the whole property and interest of the canal and feeder, and the 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 said company to lay before the legislature, under oath or affirmation, whenever the legislature shall so request, a full and fair statement of the costs of the said canal and feeder, with their appendages, and of the receipts and

Quarterly returns to be made.

disbursements of said company; provided, that if the said company shall, for the space of two months after the appointment of the appraisers made by the state, refuse or neglect to appoint the requisite number of appraisers on their part, that then and in that case, the governor, or person administering the government of this state, shall have the power to appoint two appraisers, who, with those appointed by the governor, or person administering the government, shall make the valuation aforesaid, and the said company shall be bound thereby; and provided also, that if the appraisers appointed by the governor, or person administering the government, and the company, respectively, be equally divided, and the appraisers on the part of the company shall refuse or neglect for two weeks to appoint a seventh person, or cannot agree on the appointment of such seventh person within said period, as heretofore provided, that then and in that case the governor, or person administering the government, shall appoint the said seventh person; and provided also, that if any of the said appraisers, so appointed on the part of the state, shall refuse or neglect to perform the duties required, that the governor, or person administering the government, shall have power to appoint other appraisers, in the place of those who do so refuse or neglect to perform the duty aforesaid.

SEC. 26. And be it enacted, That from and after the completion of the said canal and feeder, 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 merchandise and other articles, transported thereon across the state, to the treasurer of this state for the time being, and thereupon to pay the said treasurer of this state the sum of Transit duty. eight cents for each passenger, and the sum of eight cents for

Public act.

each and every ton of merchandise, so transported thereon, excepting the articles of coal, lumber, lime, wood, ashes, and similar low priced articles, for which two cents per ton shall be paid, as aforesaid; and that no other tax or impost shall be levied or assessed upon the said company.

SEC. 27. 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.

7

ACT OF INCORPORATION

OF THE

CAMDEN AND AMBOY RAILROAD COMPANY.

An Act to incorporate the Camden and Amboy Railroad and Transporta

tion Company.

Passed February 4, 1830.

opened.

SEC. 1. BE IT ENACTED by the Council and General Assembly Books to be of this State, and it is hereby enacted by the authority of the same, That subscription books to the capital stock of the Camden and Amboy Railroad and Transportation Company shall be opened within six months after the passing of this act, by Samuel G. Wright, of Monmouth, James Cook, of Middlesex, Abraham Brown, of Burlington, Jeremiah H. Sloan, of Gloucester, and Henry Freas, of Salem, who are hereby appointed commissioners to receive subscriptions of the said stock, at such times and places as they, or a majority of them, may direct, giving notice thereof, at least twenty days prior to the opening of said Notice. books, by publishing the same in at least three of the newspapers published in this state, three in the city of Philadelphia, and three in the city of New York.

to be divided

pany may be

SEC. 2. And be it enacted, That the capital stock of the said Capital stock company shall be one million of dollars, to be divided into shares into shares. of one hundred dollars each; and that when five thousand shares when com are subscribed for, the persons holding the same shall be, and organized. they hereby are incorporated into a company, by the name of "the Camden and Amboy Railroad and Transportation Company;" and by that name shall be capable of purchasing, or of Powers. otherwise receiving and becoming possessed of, holding, and conveying of real or personal estate; shall have perpetual succession, and power to make and use a common seal; and, by