have been determined upon, and a survey thereof deposited in the office of the secretary of state, it shall then be lawful for said company, by its officers, engineers, agents, contractors, and workmen, to enter upon, take possession of, hold, use, occupy, and excavate any such lands, and to erect embankments, bridges, and all other necessary works thereon, and to lay rails, and do all other things which may be suitable and necessary for the completion and repairs of the said railroad, and to carry into full effect the object of this act; and may also take and use any stone, gravel, sand, clay, or other materials, wood and timber excepted, on or near the said route, which may be required for the construction of, repairing, or altering the said road, or any of the works or appendages, subject to such compensation to be made therefor as is herein after provided; provided always, that the payment of all damages for the occupancy of lands through which the said railroad may be laid out and located, be made by the company, either to the owner or into court, as herein after provided for, before they, or any person under their direction or in their employ, shall enter upon or break ground upon the premises, excepting for the purpose of surveying and laying out said railroad, unless the consent of the owner or owners of such lands shall be first had in writing.

8. And be it enacted, That when the said company, or its Proceedings in agents, cannot agree with the owner or owners of such recase corpora-quired lands or materials, for the use or purchase thereof, or when, by reason of the legal incapacity or absence of such ers of land, &c. owner or owners, no such agreement can be made, a particular

tion cannot a

gree with own

description of the land or materials so required for the use of the said con.pany in the construction of said road shall be given in writing, under the oath or affirmation of some engi neer or proper agent of the company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, or, if unknown or out of this state, to make publication thereof, as he shall direct, for any term not less than twenty days, and to assign a particular time and place for the appointment of the commissioners herein after named; at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial, and judicious freeholders commissioners to examine and appraise the said land or materials and to assess the damages, upon such notice to be given to the persons interested as shall be directed by the jus

tice making such appointment, to be expressed therein, not less than twenty days; and it shall be the duty of the said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and make a true report according to the best of their skill and understanding, to meet at the time and place appointed, and to proceed to view and examine the said lands or materials, and make a just and equitable estimate or appraisement of the value of the same, and assessment of damages to be paid by the company for such land or materials and damages aforesaid, and to make a report thereof, under the hands and scals of the said commissioners, or any two of them, and file the same within ten days thereafter, together with the aforesaid description of the land or materials and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county wherein said lands or materials may be, to remain of record therein, and shall be recorded by the said clerk; which report, or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of the said company to have, hold, use, occupy, possess, and enjoy the said land or materials, after payment of the value and damages so assessed, and of the right of the said owner or owners to recover the amount of said valuation, with interest and costs, in an action in any court of compe1ent jurisdiction, in a suit to be instituted against the company, if they shall neglect or refuse to pay the same for twenty days after the demand made of their treasurer, and shall constitute a lien upon the property of the company, in the nature of a mortgage; and the said justice shall tax and allow such costs, fees, and expenses to the justice, commissioners, clerks, and other persons performing any of the duties prescribed in this section, as he shall think equitable and right, which shall in all cases be paid by the company; provided always, that should the said company, or the owner or owners of any land or materials, feel himself, herself, or themselves aggrieved by the decision of the commissioners aforesaid, he, she, or they may appeal to the next circuit court in the county wherein said lands or materials shall be.

missioners.

9. And be it enacted, That every appeal from the decision Appeal from deof commissioners appointed under the preceding section shall cision of combe made in writing, and filed with the clerk of the circuit court of the county wherein the lands or materials appraised by the said commissioners shall be; and notice in writing of such appeal shall be given to the opposite party, within ten days after the filing thereof; and thereupon, without any further proceedings, the parties shall be considered as at issue, and the like

In certain contingencies to

to be paid.

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 amount which was reported by the commissioners, costs shall be awarded against the said compa ny; 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, it first be paid into the said court, to the clerk thereof.

10. And be it enacted, That in case any owner or ownersof any such required lands or materials so appraised, or in favour of whom damages may have been so assessed, shall be whom damage 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 herein before provided.

Company to

11. And be it enacted, That it shall be the duty of the said company to construct and keep in repair good and sufficient make bridges, bridges or passages over or under the said railroad, where any public or other road shall cross the same, so that the pass

&c.

age of carriages, horses, and cattle on the said road shall not be prevented thereby; and where the railroad 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.

thorized to con

struct engines,

12. And be it enacted, That the president and directors of Company authe said company shall have power to have constructed, or to purchase with the funds of the company, and to place on their &c. 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.

13. And be it enacted, That the president and directors of Company to the said company shall declare and make such dividends as make dividends. they may deem prudent and proper, from time to time, of the

net profits of the said railroad.

Penalty for in

14. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of the railroad con- juring works. structed under the provisions of this act, or any of their necessary works, bridges, carriages, or machines, such person or persons so offending shall forfeit and pay to the said company any sum, not exceeding two hundred dollars, at the discretionof 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.

hold.

15. And be it enacted, That the said company may have What real estate and hold real estate, at the commencement and termination of company may said road, not exceeding four acres at each place, and may erect and build thereon houses, warehouses, stables, machineshops, and such other buildings and improvements, as they may deem expedient for the safety of the property and construction of carriages and other necessary uses, and take and receive the rents, profits, and emoluments thereof; and shail have the privilege and authority to erect, build, and maintain, on the river Passaic 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.

railroad carri

16. And be it enacted, That the road authorized by this act Road free for be, and the same is hereby declared free for the passage of any passage of an railroad carriage thereon, with passengers or property, upon age, on pay monst payment of the tolls prescribed by this act; provided always, of toll. that the said carriages so used thereon shall be so constructed

Time of comn

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.

17. And be it enacted, That if the said railroad shall not be commenced in two years from the fourth day of July next, mencement and and completed at the expiration of ten years from the same time, that then and in that case this act shall be void.

completion of

road.

Restrictions.

State to have

the privilege of on payment of

taking road, &c.

valuation.

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.

19. And be it enacted, That at any time after the expiration of fifty years from the completion of the said road, the legis lature of this state may cause an appraisement of said 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 said 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 so 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 railroad, with the lands and appendages thereof.