Stock forfeited to pay instal. on failure ments. Powers and duties of directors. Location of rail road. the same at such times and by such instalments as they may think proper, first giving notice of the time and place when and where such instalment is required to be paid, by publishing the same in one or more of the public newspapers printed in the county of Warren, at least thirty days previous; which instalment required to be paid shall not exceed the sum of five dollars at any one time; and in case of the non-payment of any of such instalments to forfeit the share or shares upon which such default shall arise, if not paid within twenty days thereafter; and to make such by-laws, rules and regulations, not inconsistent with the laws of the United States or of this state, as to them shall appear needful and proper, touching the management and regulation of the stock, property and estate of the said corporation; and also, to have power to appoint a secretary and such other officers and agents as to them may seem meet; to fix the salaries and compensation of their president and other officers and agents, and to require from them proper securities for the performance of their several duties and trusts. Sec. 6. And be it enacted, That the president and directors of the company be, and they are hereby authorized and invested with all the rights and powers necessary and expedient, to survey, lay out and construct a rail road from some point or place in the village of Belvidere, to some point place on the Morris Canal, at or near Port Colden, not exceeding sixty-six feet in width, with as many tracks or rails as they may deem proper; and for the said president and directors, their agents, engineers, and others in their employ, to enter at all times upon all lands or waters for the purpose of exploring, surveying, levelling, or laying out said road and of locating the same, and to do and erect all necessary works, buildings and appendages thereof (doing no unnecessary injury to private or other property); and when the route shall have been determined on and a survey thereof filed in the clerk's office of the county of Warren, then it shall be lawful for the said company, by its officers, agents, engineers, contractors, workmen, and others in their employ, to enter upon and take possession, hold, have, use, occupy, and excavate such lands, and to erect and lay rails, embankments, bridges, Powers of cor- and all other works and things which shall be necessary or proper for the completion or repair of said road, subject to such compensation as is hereinafter provided: Provided always, that payment or tender of the payment of all damages for the occupancy of lands through which the said road may be laid out, be made before the said company or any person under their direction or employ shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said road, unless the consent of the owner or owners of the land be first obtained. Survey of route to be fi led in clerk's office of War. ren. poration. Proviso. Sec. 7. And be it enacted, That if the owners of the land on which said rail road or rail roads shall be made, shall not be willing to give the same for such purpose, and the said Mode of procompany and owner cannot agree as to the price of the same, the owners of ceeding when it shall be the duty of any judge of the inferior court of com- lands and the mon pleas of said county of Warren who is disinterested in company can. the premises, upon the application of either party, and after not agree. giving ten days notice in writing to the opposite party of such application, and after hearing the parties, to appoint three disinterested commissioners, residents of said county, to assess the price or value of said land, who shall be sworn or affirmed before said judge faithfully to execute the duties of such appointment, and after like notice to both parties of the time and place, shall meet, view the premises, and hear the parties and evidence if desired, and thereupon make such decision and award as to them shall appear just and proper, and transmit such award and decision, together with a description of said land, and the quantity taken, by whom owned, and how situate, bounded and described, in writing under their hands and seals, or the hands and seals of a majority of them, to the judge who appointed them, to be by him returned and filed, together with all papers before him relating thereto, in the clerk's office of said county, there to be kept as a public record, and copies taken by either party if required; and if either party shall feel agrieved by the decision of such commissioners, the party so agrieved may appeal to the inferior court of common pleas of the county, at the next term after such decision of the commissioners, by proceeding in the form of petition to the said court, with five days notice in writing to the opposite party of such appeal, which proceeding shall vest in the said court full right and power to hear and adjudge the same, and if required, they shall award a venire in proper form, for a jury before them, who shall hear and finally determine the same; and it shall be the duty of the said jury to assess the value of the said lands, and all damages sustained, and if the said jury be demanded by the company, and they shall find a greater sum than the said commissioners, then judgment shall be given with costs against the said company, and execution issue if need be; but if the said jury shall be demanded by the owner or owners, and shall find the same, or a less sum than the commissioners awarded, then the costs shall be paid by the owner or owners, and shall be deducted out of the said sum so awarded, or execution issue therefor, as the court shall direct; and upon payment or tender of the sum so found by the commissioners, or by the jury, with costs if any, the said corporation shall be deemed to be seized and possessed, in fee ses company simple, of all such lands and real estate appraised as aforesaid. Sec. 8. And be it enacted, That in case any owner or In certain ca- owners of such land or real estate shall be feme covert, under age, non compos, out of the state, or under any other to pay the value of lands legal disability which would prevent their agreement with into the Court the said company, then it shall be the duty of said corporaof Chancery. tion to pay the amount of any award or report so made, in Rates for passage or trans portation. Other roads not to be obstructed. Rail road a public high way. behalf of any such person, into the court of chancery, to the clerk thereof, subject to the order of the said court, for the use of said owner or owners, all of which said proceedings, as well under this as the preceding section of this act, shall be at the proper costs and charges of the said corporation. Sec. 9. And be it enacted, That the president and directors of the said company shall have power to construct or purchase and place upon their said road, all machines, engines, wagons, carriages or vehicles, for the transportation of passengers or any species of property thereon, as they may think proper, provided they shall not charge more than at the rate of six cents per mile per ton for the transportation of property, or six cents per mile for carrying each passenger on said road in the carriages of said company; or three cents per mile per each ton of property, or three cents per mile for each passenger carried on said rail road in the carriages of others; and three cents per mile for each empty carriage. And that the said rail road and appendages, and the land over which the same shall pass, and all the works, improvements, engines, carriages, and all other property whatsoever, belonging to the said company, at any time or times, are hereby vested in the said company incorporated by this act, and their successors and assigns during the continuance of this act. Sec. 10. And be it enacted, That it shall be the duty of the said company to construct and keep in repair, good and sufficient bridges or passages over, across, or under the said road where any public or other road shall cross the same, and also where the said road shall intersect any farm or lands of any individual, to provide and keep in repair suitable wagon ways over, under, or across said rail road so that he may pass the same. Sec. 11. And be it enacted, That the road authorized by this act shall be, and is hereby declared a public highway, and free for the passage of any rail road carriage thereon with passengers or property, upon payment of the tolls prescribed by this act, provided always, that the said carriages so used thereon shall be of the same description in the forma tion of the wheels and length of axle as those used by the company, and shall be regulated as to the times of starting and rates of travelling by the company in the same manner as the carriages of the company are. Sec. 12. And be it enacted, That the said company may held. have and hold real estate at the commencement and termina- What real es tion of said roads, not exceeding two acres at each place, and tate may be may erect and build thereon, houses, warehouses, machine shops, and other buildings and improvements as they deem expedient for the safety of property and construction of carriages and other necessary uses, and take and receive the rents, issues, and profits thereof. Sec. 13. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of any rail Penalty for in road constructed under the provisions of this act, or of any structing the juring or ob of their necessary works, bridges, carriages, or machines, road. such person or persons shall forfeit and pay to the said company, the sum of fifty dollars to be by them recovered in any court of competent jurisdiction in an action of debt, and further, shall be liable for all damages. Dividends to be made semi Sec. 14. And be it enacted, That the president and direc tors shall, within one year after the said rail road shall be completed, declare and make such dividend as they may annually. deem prudent and proper of the net profits thereof, if any, and shall, in like manner, semi-annually thereafter, declare such dividends and pay the same to the stockholders in proportion to the amount of stock held by them respectively. Annual returti Sec. 15. And be it enacted, That when the said rail road Cost of road with its appendages shall be finished so as to be used, the to be filed with president and treasurer of said company shall file, under oath Secretary of or affirmation, a statement of the amount of the cost of said State. road, including all expenses, in the office of the Secretary of State; and annually thereafter, the president and treasurer of said company shall, under oath or affirmation, make a of proceeds of statement to the legislature of this state, of the expenses of road to be all additions and alterations in the structure of their road, made to legis and of the proceeds of the same, and after the net income of lature. said road shall amount to six per centum upon its costs; and and as soon as it shall do so, the said corporation shall pay to the treasurer of this state a tax of one-half of one per centum Tax to be on the cost of said road, to be paid annually thereafter on the paid. first Monday of January in each year; Provided that no other tax or impost for the support of the government of this state shall be levied or assessed upon the said company. Sec. 16. And be it enacted, That at any time after the ex- When State piration of fifty years from the completion of the said road, may take the the legislature of this state may take the same for the state, ing cost road on pay Law may be altered or repealed. paying therefor the original costs of the same; and if the said Passed, February 9, 1836. J. Owen and divorced. AN ACT to dissolve the marriage contract between Joseph Owen of the county of Gloucester, and Milicent R. Owen, his wife. Sec. 1. BE IT ENACTED by the Council and General As sembly of this State and it is hereby enacted by the authority of the same, That the marriage contract now existing between Joseph Owen, of the county of Gloucester, and Milicent R. Owen, his wife, be, and the same is, from the passage of this act, forever dissolved and annulled, as fully to all intents and purposes, as if the said parties had never been joined in wedlock. Passed, February 9, 1836. AN ACT to incorporate the "Franklin Fire Engine Company of Middletown Point." Sec. 1. BE IT ENACTED, by the Council and General Assembly of this State, and it is hereby enacted by the authority |