a report thereof under the hands and seals of the said commis commission made. Sec. 9. And be it enacted, That every appeal from the decision of commissioners appointed under the preceding section, Appeals from shall be made in writing, and filed with the clerk of the cir- decision of cuit court of the county wherein the lands or materials appraised by the said commissioners shall be; and notice in ers how to be writing of such appeal, shall be given to the opposite party, within ten days after the filing thereof; and thereupon, with-out any further proceedings, the parties shall be considered as at issue, and the like proceedings shall be had, and the like process awarded, for the trial thereof by a jury, and for compelling the attendance of witnesses, as may be had or awarded for the trial of any other issue before the said court, and the like judgment shall be rendered on the verdict of the jury, with costs, if costs ought to be awarded; and such judgment shall be recorded in the same manner, and have the like force and effect as in any action of trespass, or on the case prosecuted in the said court, and execution may be thereupon issued, as in other cases; and if the verdict of the jury shall be for a greater amount than was reported by the commissioners, or upon an appeal made by the company, shall be for the same mount which was reported by the commissioners, costs shal Proviso. in case of dc. be awarded against the said company; and if the verdict of the jury shall be for a less amount than was reported by the commissioners, or upon an appeal made by the owner of the land or materials, shall be for the same amount which was reported by the commissioners, then each party shall pay his, her, or their own costs, and such appeal shall be brought on. and disposed of at the first term of the court after the filing thereof, unless good and sufficient cause be shown to the court for a postponement; and the judgment of the circuit court rendered in such appeal shall be sufficient to authorize the company to take possession of, and use the said land or materials; Provided, the amount of the said judgment shall first be paid to the party or parties recovering the same, or upon his, her, or their refusal to receive it, on tender thereof, if first be paid into the said court to the clerk thereof. Sec. 10. And be it enacted, That in case any owner or owners of any such required lands or materials, so appraised, or in favor of whom damages may have been assessed, shall Proceedings be feme covert, under age, non compos mentis, or resident out of this State, or shall refuse to receive the amount so awarded or assessed, then, and in any such case the said company shall pay the amount or amounts so awarded to the last mentioned owner or owners, respectively, or the damages so assessed, into the court of chancery, to the clerk thereof, subject to the order of the said court, for the use of the said owner or owners, or of the said person or persons so damnified; which payment shall have the same force and effect, and vest in the company the same rights and privileges, as if paid to the owner or person damnified, or paid into the circuit court under the provisions of the next preceding section, subject, however, to the right of appeal, in the manner hereinbefore provided. contract and repair bridges. Sec. 11. And be it enacted, That it shall be the duty of Company to the said company to construct and keep in repair, good and sufficient bridges or passages over or under the said railroad, where any public or other road shall cross the same, so that the passage of carriages, horses and cattle, on the said road, shall not be prevented thereby; and when the rail road shall intersect any farm or lands, they shall provide and keep in repair, suitable wagon ways over or under the said railroad, so that persons may conveniently pass the same. to procure Sec. 12. And be it enacted, That the president and directors of the said company, shall have power to have constructAuthorized ed, or to purchase with the funds of the company, and to place on their railroad, all machines, engines, wagons, carriages, and vehicles, for the transportation of persons or any species of property thereon, that they may think reasonable, expedient and right. engines, &c. Sec. 13. And be it enacted, That the president and directors of the said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the nett profits of the said rail road. Dividends. Sec. 14. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of the railroad Penalty for constructed under the provisions of this act, or any of their injuring road necessary works, bridges, carriages or machines, such person or works. or persons so offending shall forfeit and pay to the said company, any sum, not exceeding two hundred dollars, at the discretion of the court or jury, to be by them recovered in an action of debt, with costs of suit, in any court having competent jurisdiction, and also, shall be liable to pay to said company the amount of damages sustained thereby, with costs of suit, to be sued for in an action of trespass. Sec. 15. And be it enacted, That the said company may have and hold real estate, at the commencement and termination of said road, not exceeding fourteen acres at each place, and may erect and build thereon, houses, warehouses, stables, What real machine shops, and such other buildings and improvements held. estate may be as they may deem expedient for the safety of property, and construction of carriages and other necessary uses, and take, and receive the rents, profits, and emoluments thereof, and shall have the privilege and authority to erect, build and maintain on the river Hackensack, and such other streams as the road may cross, such piers, bridges, and other facilities as they may think expedient and necessary for the full enjoyment of all the benefits conferred by this act, subject to the aforesaid restrictions, and not to obstruct the navigation thereof. Sec. 16. And be it enacted, That the road authorized by this act, be, and the same is hereby declared free for the pas- Free for all sage of any railroad carriage thereon, with passengers or pro- rail road carperty, upon payment of the tolls prescribed by this act; Pro riages on vided always, that the said carriages so used thereon, shall be payment of so constructed and so regulated, as to the time of starting, speed of travelling, and amount of tonnage, as not to interfere with the carriages of the company, nor injure the said road. tolls. Sec. 17. And be it enacted, That if the said railroad shall Time for not be commenced in two years from the fourth day of July completion of next, and completed at the expiration of six years from the road. same time, that then, and in that case this act shall be void. Sec. 18. And be it enacted, That no part of the capital stock or moneys of the company incorporated by this act, shall be used or employed by said company for banking purposes, under the penalty of forfeiting this charter. Restrictions. Sec. 19. And be it enacted, That at any time after the When State expiration of fifty years from the completion of the said road, may take the the legislature of this state may cause an appraisement of said rond. Proviso. Company may make contracts for transportation &c. road, and the appendages thereof, to be made by six persons, three of whom shall be appointed by the chief justice of this state for the time being, the remaining three 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; or in case the said company shall neglect or refuse to appoint the said three persons on their part for two months after the appointment by the said chief justice, then the three persons so appointed by him shall proceed to make such appraisement, which shall be binding on the said company; or in case the said six commissioners shall be appointed as aforesaid, and they cannot agree upon the seventh man, then upon two weeks notice to the said company, the said chief justice shall appoint such seventh man as aforesaid, to make such appraisement as aforesaid, and thereupon the state shall have the privilege for three years, of taking the said road, upon the payment to the company of the amount of the said report, within one year after electing to take said road, which report shall be filed in the office of the secretary of this state, and the whole property and interest of said road, and the appendages thereof, shall be vested in the state of New Jersey, upon the payment of the amount 30 reported to the said company, and that it shall be the duty of the president of the company to lay before the legislature, under oath or affirmation, when they shall so request, a full and fair statement of the costs of the said road, and the appendages thereof; provided, always, that the aforesaid valuation shall be made without reference to the receipts or disbursements of the company or advance of the stock; and the said valuation shall in no case exceed the first cost of the said rail road, with the lands and appendages thereof. Sec. 20. And be it enacted,. That it shall be lawful for the said company, at any time during the continuance of its charter, to make contracts and engagements, with any other corporation, or with individuals, for transporting or conveying any kinds of goods, produce, merchandize, freight, or passengers between the Northern termination of this road and the Hudson river, opposite to the city of New York, or between any intermediate point or points on the line thereof. and to enforce the fulfillment of such contracts.. Sec. 21. And be it naoted, That it shall be lawful for the said company to demana nd receive for carrying each pas passage and tion. senger over said rail road, at the rate of four cents per mile, and for the transportation thereon, of every species of proper- Rates for ty and freight, the loading and unloading thereof, upon and from the cars of said company inclusive, at the rate of ten transporta cents per mile for each ton weight, and when such passengers or property are carried over and upon said road in vehihicles, and by means not belonging to said company, but owned by others, the said company shall be empowered to. demand and collect, as tolls therefor, at the rate of two cents per mile for each and every passenger, and at the rate of four cents per mile for each and every ton weight; and that the said company shall provide and maintain, at each end of the said road, suitable and sufficient warehouses for the reception. and protection of all such goods, produce, merchandize, and freights as shall be brought to the same, to be transported on. the said road, in the carriages of the said company. Sec. 22. And be it enacted, That from and after the completion of the said road, or its use by the company for publictravel, it shall be the duty of the treasurer of the company, Annual reunder oath or affirmation, to make annual returns to the trea- turns to be surer of this state for the time being, of the number of pas- made to State sengers, and of the number of tons of goods, produce, mer- Treasurer. chandize and freight transported over said road, and thereupon to pay to the said treasurer of the state the sum of five cents for each and every passenger, and the sum of eight cents for each and every ton of freight so transported thereon; and that no tax for the use of the state shall be levied or assessed on the said company. Sec. 23. And be it enacted, That the said company shall Company to be required to make, put up and keep in repair, good and make and relawful fences on both sides of said rail road wherever the pair fences. same shall pass over, and be laid out on any farm or lands from the commencement of said route to its termination. Sec. 24. And be it enacted, That it shall be lawful for the legislature, at any time hereafter, to alter, amend, or modify, Act may be this act, whenever, in their opinion, the public good may re- altered or require it. Passed February 20, 1844. pealed, |