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Railroad

within certain limits

prohibited.

Proviso.

Proviso.

thing in the said act, to which this is a supplement, to the contrary notwithstanding.

SEC. 2. And be it enacted, That it shall not be lawful for the Delaware and Raritan Canal Company, or for any other person or persons, body corporate or politic, whatsoever, to construct any railroad across the state, between the Delaware and the Raritan rivers, within five miles of any point of the canal authorized to be constructed by the act to which this is a supplement, until after the time limited, in the twenty-fourth section of the act to which this is a supplement, for the completion of the said canal and the feeder provided for in the act aforesaid, reserving to any person or persons, body politic or corporate, any of their just and legal rights, already vested, to the contrary of this prohibition; provided, that nothing in this act contained shall prevent the state from authorizing the construction of a railroad between the Delaware river and the Raritan river, after the said canal and feeder shall be completed, always giving to the said Delaware and Raritan Canal Company the refusal of constructing the said railroad; and provided also, that the privileges hereby granted are upon the express condition, that the said canal shall be constructed, from the Delaware to the Raritan river, seventy-five feet wide on the water line, and the water therein to be seven feet deep throughout; the locks thereof to be at least one hundred feet in length, and twenty-four feet in width, in the clear.

Company may transfer

shares to the

state.

An Act relative to the Camden and Amboy Railroad and Transportation

Company.

Passed February 4, 1831.

SEC. 1. BE IT ENACTED by the Council and General Assembly one thousand of this State, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Camden and Amboy Railroad and Transportation Company to transfer one thousand shares of the capital stock of the said company to this state, the instalments on which stock shall be paid by the company, so that the state, neither at the time of such transfer, or at

any subsequent time, shall be required to pay any instalment thereon; a certificate of which stock shall be held by the treasurer of this state, for the use of the state, and all dividends of the company be declared and payable thereon, as if this state had subscribed for such stock, and paid the several instalments thereon.

point a di

SEC. 2. And be it enacted, That the state shall have the right State to apto appoint one director to represent the said stock, but that no rector. vote shall be given for said stock at any election for directors of

the company.

paid state for

ger.

SEC. 3. And be it enacted, That the said company shall pay to Sum to be the state the sum of ten cents for each passenger carried on the each passensaid railroad or roads across this state, between the Delaware river and Raritan bay; said payments to commence when said road is so far completed that passengers are transported thereupon across this state, instead of a ratable tax for passengers, as reserved in the said act of incorporation.

praisement

to be made.

SEC. 4. And be it enacted, That the appraisement provided for How apin the twenty-second section of the act of incorporation of the of road, &c., said company, shall be made in reference to the actual value of the said road, and not with reference to the value of the stock; which appraisement shall not, in any event, exceed the actual cost and expenses incurred in the completion of the said road. SEC. 5. And be it enacted, That, upon filing the assent of the Assent of company to this act in the office of the secretary of state, this this act to act shall be deemed and taken as part of the charter of said company; which assent shall be filed within five days after the passage of this act, or this act, and all the provisions therein contained, shall be void.

company to

be filed.

dends to

stock re

by the state.

SEC. 6. And be it enacted, That when any other railroad or When diviroads, for the transportation of passengers and property between cease, and New York and Philadelphia across this state, shall be constructed transferred and used for that purpose, under or by virtue of any law of this state or the United States authorizing or recognizing said road, that then and in that case the said dividends shall be no longer payable to the state, and the said stock shall be re-transferred to the company by the treasurer of this state.

Other rail

hibited with

SEC. 7. And be it enacted, That it shall not be lawful to con- roads prostruct any other railroad or roads, for the transportation of pas- in three sengers across this state, within three miles of the road of the certain time.

miles for a

Part of a

former act

repealed.

said Camden and Amboy Railroad Company, until after the time limited in the twenty-first section of the act of incorporation of said company for the completion of the said railroad; provided, that nothing herein contained shall be deemed and considered as excluding the construction of a railroad from the Hudson to the river Raritan, or from Camden to any point on the Delaware in the county of Salem.

SEC. 8. And be it enacted, That so much of the thirteenth section of the act to which this act is relative, as requires the commissioners to take into view the benefit that will result from the railroad, to the owner or owners of the land or materials, is hereby repealed, and shall cease.

Certificate of acceptance filed February 8, 1831.

D. and R.
Canal Co.

A. Railroad

solidate.

An Act relative to the Delaware and Raritan Canal, and the Camden and
Amboy Railroad and Transportation Companies.

Passed February 15, 1831.

BE IT ENACTED by the Council and General Assembly and C. and of this State, and it is hereby enacted by the authority of the Co. may con- same, That it shall and may be lawful for the Delaware and Raritan Canal Company and the Camden and Amboy Railroad and Transportation Company, by and with the consent of seveneighths of the stockholders of the said companies, respectively, to consolidate the capital stock of the said companies, for the purposes of erecting and completing the said canal and feeder and the said railroads, provided for by the acts incorporating the said companies, and the supplements thereto, out of the joint funds of the said companies, subject always to all the provisions, reservations, and conditions in the said acts and supplemental acts contained and set forth; and the stock of the said companies, subscribed and authorized to be subscribed under the said acts, shall be deemed and considered, and is hereby declared to be joint stock; and the profits accruing from the said canal and feeder, and railroads aforesaid, shall be divided among all the stockholders of the two companies aforesaid, share and share alike; and the directors appointed, and to be appointed under the

provisions of the aforesaid acts of incorporation, shall direct and manage the affairs and concerns of the said companies, in joint meeting; and the said companies shall be jointly liable on all contracts made, or to be made, by either and each of the said companies, respectively, and may jointly sue and be sued, plead and be impleaded, in all courts of law and equity; provided always, that Proviso. before this act shall take effect, the assent of the stockholders holding seven-eighths of all the stock of the said Delaware and Raritan Canal Company and the said Camden and Amboy Railroad and Transportation Company to the provisions of this act, shall be certified to the satisfaction of the governor, and the same shall be filed in the office of the 'secretary of this state provided also, that if any stockholders shall disagree to the pro- Proviso. visions of this act, and express the same in writing, it shall be the duty of the company to pay such person or persons dissenting the sum paid for his, her, or their stock, with interest, on transfer⚫ring the same to the company; and provided also, that it shall not Proviso. be lawful for the said companies to charge more than three dollars for the transportation of passengers from and to the cities of New York and Philadelphia; and provided further, that the Proviso. said canal from the Delaware to the Raritan, and feeder, and the said railroad from Camden to Amboy, shall be completed within the time specified in their respective charters; and it is also Proviso. provided further, that if one of the said works, at the expiration of the aforesaid time, is completed without the other, that then and in that case the work so completed shall be forfeited to the state of New Jersey; provided also, that the right of the legisla- Proviso. ture to take the said railroads and the said canal and feeder, or either of them, at the times limited in the acts incorporating the said companies, and the acts supplemementary or relative to said acts, or either of them, respectively, and on the terms therein prescribed, shall in no way be affected or impaired by this act.

Certificate of acceptance approved and filed May 18, 1831.

Company may transfer

shares to the

state.

A supplement to an act entitled, "An act relative to the Delaware and Raritan Canal, and the Camden and Amboy Railroad and Transportation Companies."

Passed March 2, 1832.

SEC. 1. BE IT ENACTED by the Council and General Assembly one thousand of this State, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the said Delaware and Raritan Canal, and the Camden and Amboy Railroad and Transportation Companies, to transfer to this state one thousand shares of the joint capital stock of the said companies, upon which all the instalments shall be paid by the said companies, so that neither at the time of the said transfer, nor at any time thereafter, the payment of any money thereon or therefor shall be required from the state; a certificate of which stock shall be held by the treasurer of this state, for the use of the state, and all dividends of the company be declared and payable thereon, as if the state had subscribed for such stock, and paid the seve ral instalments thereon.

Construction of other rail roads, to

compete

stricted.

SEC. 2. And be it enacted, That it shall not be lawful, at any time during the said railroad charter, to construct any other with this, re- railroad or railroads in this state, without the consent of the said companies, which shall be intended or used for the transportation of passengers or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the act to which this supplement is relative; provided always, that nothing in this act shall be so construed as to prevent the construction of a railroad from the city of New Brunswick to the Hudson river, or any lateral road that may be hereafter authorized by an act of the legislature, from a suitable point or points intersecting said road, to be designated and agreed upon by the said companies, or any lateral road or roads not intended or used for the purpose of competition, as aforesaid.

Proviso.

$30,000 year.

ly secured to the state.

SEC. 3. And be it enacted, That if, within one year from the time that the said railroad from Bordentown to Amboy, is so far completed that passengers and merchandise be transported thereon, the transit duty reserved by the act incorporating said companies, and the dividends on the stock hereby authorized to be transferred, shall not amount to thirty thousand dollars, it

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