Rates for transportation Proviso. Proviso. in this act shall authorize or empower the said company to take by appraisement the exclusive use of any bridge of the New Jersey Railroad and Transportation Company, nor allow them to construct more than one bridge over each of the rivers Hackensack or Passaic, and the bridge over the Hackensack to be twelve hundred feet, river measure, from any other bridge, and to place and run engines and cars on such railroad, its spurs and branches, and to demand and take fare and tolls for the transportation of passengers and merchandise thereon, not to exceed three cents per mile for each passenger, and six cents per ton per mile for each ton of heavy merchandise, produce, property and freight; but for the transportation of dry goods, packages and express freight, the said company may charge such reasonable rates as they shall deem proper; and the price for excursion passenger tickets for going from Newark to New York, or vice versa, and returning, shall not exceed the sum of thirty cents each, and shall be sold at the depots of said company in Newark and New York, whenever inquired for by any passenger; said road not to exceed one hundred feet in width, and each of said spurs and branches not to exceed sixty-six feet in width; and where the same shall cross any public highway, turnpike or plank road, the crossing shall, if at the grade thereof, be well planked or stoned, or otherwise made and maintained in good repair, so as not unnecessarily to impede the travel or interfere with the public convenience; provided, said railroad shall have equal facilities with the New Jersey Railroad and Transportation Company in making spurs, and running into the city of Newark, and that no street in either of said cities shall be occupied by said railroad tracks, except to cross the same, without the consent of the corporate authorities thereof; provided also, that nothing herein contained shall authorize the said Hoboken Land and Improvement Company, to take, appropriate or use any bridge or portion thereof, or track of the New Jersey Railroad and Transportation Company, except on the branch road connecting the Morris and Essex Railroad with East Newark, unless enjoined or prevented by legal proceedings from constructing and using bridges of their own, as provided for in this act, and if so prevented, then to use the bridges of said company during the continuance of said prevention, but no longer thereafter than a reasonable time for the construction of the bridges authorized by this act, reserving, notwithstanding such consent, to said proprietors of the bridges over the rivers Passaic and Hackensack their right of compensation under the fifth and sixth sections of this act. Company may enter upon veying, &c. 2. And be it enacted, That it shall be lawful for the said company, their officers, agents, engineers, superintendents lan is for surand others in their employ, to enter at all times upon lands, bridges and waters for the purpose of exploring, leveling, surveying and laying out the route of such railroad, spurs and branches, and of locating and subsequently altering the location thereof, doing no unnecessary damage to private property; and when any part of the route and location of such road, its spurs or branches, or the alteration of location shall have been determined upon, and a survey thereof deposited in the office of the secretary of state, then it shall be lawful for the said company, its officers, engineers, agents, superintendents, contractors, workmen, and the persons in their employ, or authorized by them, compensation being first made therefor, to enter upon the possession of, hold, use, occupy and excavate any such lands, or such parts thereof, and to hold and enjoy such and so much of all rights, privileges, franchises, property and bridges as they may acquire or take as herein provided; and to erect embankments, viaducts, and all other necessary works thereon, and to lay rails and to do all other things which may be suitable and necessary for the making, completion and repair of said railroad, its spurs and branches, and to carry into full effect the objects of this act; and may take and use any stone, gravel, sand, clay or other earth, on or near the said route, which may be required for the construction of, repairing, altering or extending the said road, its spurs or branches, or of any of the works or append Proceedings in case com pany and owners cannot agree. ages, first making compensation therefor in the manner hereinafter provided. 3. And be it enacted, That if said railroad, its spurs or branches, shall cross any lands, bridges, or any parts thereof not owned by said company, or any materials shall be required for the construction thereof, and the said company shall fail to agree with the owner or owners thereof, for the use or purchase thereof, or if by reason of the legal incapacity or absence of the owner or owners or want of knowledge as to the ownership thereof, or from any other cause, no such agreement shall be made, a particular description of the land, bridges, or the parts thereof, property or materials so required for the use of the said company in the construction of the said road, spurs and branches, shall be given in writing, under the oath or affirmation of some engineer, superintendent, or proper agent of said company, and also of 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 the chief justice of the supreme court, who shall cause the said company to give notice thereof to the person or persons, corporation or corporations interested, if known and in the state, or if unknown or out of the 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 hereinafter named, at which time and place, 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, residents in this state, commissioners to examine and appraise the said lands, bridges, or parts thereof, property and materials, or any of them, and assess the damages, upon such notice, not less than twenty days, to be given to the person or persons, corporation or corporations interested, or otherwise as shall be directed by the judge making the appointment of the commissioners; and it shall be the duty of said commissioners, or a majority of them, having first taken and subscribed an oath or affirma tion before some person duly authorized to administer an oath or affirmation, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding, to meet at the time and place to be appointed by said judge in his said order of appointment, and upon such notice to the parties interested as said judge shall direct in said order, and proceed to view and examine the said lands, bridges, viaducts, or any part thereof, property and materials, or such of the same as may be required for the purposes of this act, and to make a just and equitable appraisement or estimate of the value of the same, and, an assessment of damages, which shall be paid by the company for such land, bridges, viaducts, or parts thereof, property, materials and damages aforesaid, which report shall be made in writing, under the hands and seals of said commissioners, or any two of them, and filed within ten days thereafter, with the aforesaid description of the land, bridges or part thereof, property or materials, and the appraisement and oaths and affirmations aforesaid, in the clerk's office in the county in which said lands, bridges, viaducts, property or materials, shall be, or in case the same shall lie partly in one county and partly in another, then to be filed in the clerk's office of either county, to remain of record therein, which report, or a copy thereof certified by the clerk of the county, or in case of an appeal the verdict of a jury and the judgment of the court thereon, or a copy thereof certified by the clerk of the supreme court shall, (the appraisement and damages found or assessed, with the costs adjudged being first paid or tendered, and deposited in the supreme court,) at all times be considered as plenary evidence of the right of said company to hold, use, occupy, possess and enjoy the said land, bridges or part thereof, property and materials, and any judge of said circuit or supreme court shall, on application of either party, on reasonble notice to the others, tax and allow such costs, fees and expenses to the judge of said court, commissioners, and other persons performing any of the duties Parties aggrieved may appeal. prescribed in this section, as he shall think equitable and just, and to order and direct by whom the same shall be paid. 4. And be it enacted, That in case the said company, or owner or owners of the said lands, bridges, or parts thereof, property or materials, shall be dissatisfied with the report made by the commissioners, or by a majority of them, named in the preceding section, the party so aggrieved may appeal to the supreme court, at the first term after the filing of the said report, by proceeding in form of petition to the said court, which proceeding shall vest in said court full right and power to direct a proper issue for the trial of the said controversy between the said parties, and to order a jury to be empannelled and sworn, as in other cases, and a view of the lands, bridges, viaducts and parts thereof, property and materials, to be had, if either of the parties desire it, and the issue to be tried at the next term of the circuit court to be holden in the county in which the supreme court shall order the trial to be held, or at any subsequent term to which said cause shall be continued, upon like notice and in the same manner as other issues in the said court are tried; and it shall be the duty of the jury to assess the value of the said land, bridges, viaducts or parts thereof, property and materials, and the damages sustained, and if they shall find a greater sum than the said commissioners have awarded or the company have offered to the said owner or owners, then judgment thereon, with costs, shall be entered in the supreme court against said company, and execution awarded thereon; and if the said appeal shall be applied for by the owner or owners, and the jury shall find the same or a less sum than the commissioners awarded or the company offered, then the said costs shall be paid by the said applicant or applicants, and either deducted out of the said sum found by the said jury, or execution awarded therefor, as the said supreme court shall direct; and the sum awarded by the commissioners, or in case of an appeal from the award of the commismissioners, then the sum assessed by the jury, and such costs as the supreme court shall direct, shall be paid by the |