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not dissolved

tors, or a majority of them, and in case of the absence of the
president, the said board of directors, or a majority of them,
may appoint a president pro tempore, who shall have such
power and functions as the by-laws of the said corporation
shall provide.

4. And be it enacted, That the number of the directors of corporation
the said company shall be eleven, a majority of whom shall for failure to
be residents of the township of Belleville, and in case it shall prescribed.
happen that an election of directors should not be made during
the day when, pursuant to the by-laws of said company it
ought to have been made, the said corporation shall not for
that cause be deemed to be dissolved, but such election may
be held at any other time, on giving at least twenty days'
notice, in two of the newspapers published in the county
aforesaid; and the directors for the time being shall continue
to hold their offices until others shall have been chosen in

their place.

installments

5. And be it enacted, That a majority of the directors of Payment of said company shall be competent to transact all business of said corporation, and shall have power to call in the remaining stock of said company by such installments and at such times as they may direct, by giving thirty days' previous notice in two newspapers published in the county of Essex ; provided, that no installment shall exceed ten dollars on each Proviso. share, and that no two installments shall be required to be paid within thirty days of each other; and in case of the nonpayment of said installments, or any one of them, they shall have power to forfeit the share or shares upon which said default shall arise, to the said corporation; and the said directors shall have power to make and prescribe such bylaws, rules and regulations as to them shall appear useful and proper, touching the management and regulation of the stock, property, estate, effects and business of the said corporation, and also shall have power to appoint such officers, clerks and servants, as to them shall seem meet, and to establish and fix such salaries to them and to the president as to the said directors shall seem proper.

Company authorized to

6. And be it enacted, That the president and directors of construct road the said 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 railroad from some suitable point in the township of Belleville, to some suitable point on Broad street, in the city of Newark, and thence along the line of said street to the Morris and Essex depot, and to locate 'and construct said railroad, not exceeding one hundred feet in width; and it shall be lawful for said president and directors, their agents, engineers, superintendents, and others in their employ, to enter at all times upon lands for the purpose of exploring, leveling, surveying and laying out the route of such railroad, and of locating the same, and to make and erect all necessary works, buildings and appendages thereof, doing no unnecessary damage to private property; and when the route and location of said railroad shall have been determined upon, and a survey thereof deposited in the office of the secretary of state, then it shall be lawful for said company, by its officers, agents, engineers, superintendents, contractors, workmen, and other persons in their employ, to enter upon, take possession of, hold, use, occupy and excavate any such lands, and to erect embankments and all other necessary works thereon, and to lay rails and to do all other things which may be suitable and necessary for the completion or repairs of the said railroad, and to carry into full effect the objects of this act, subject to such compensation and upon such terms as are hereinafter provided for.

7. And be it enacted, That if the said railroad shall be streets with located on any public street or highway, except for the pur

pose of crossing the same, in the city of Newark, the said company shall not lay any rails along said streets or highways, nor commence the work for that purpose, without first obtaining the permission of the common council of said city, upon such conditions and restrictions as the said common council may designate to lay the same; and if the said railroad shall be located on any public highway, except for the purpose of crossing the same, in the township of Belleville,

Rails not to be laid on public

owners cannot agree.

the said company shall not lay any rails along such highway without first obtaining the consent, in writing, of the township committee, surveyors of the highways and chosen freeholders of said township, or a majority of them, to lay the game, which consent shall be filed in the office of the clerk of the county of Essex, and the said railroad and the rails thereof shall be constructed in such manner, and of such size and pattern, as to impair as little as practicable the ordinary travel in any street or highway in which the said road may be located.

8. And be it enacted, That if the said company or its Proceedings agent or agents cannot agree with the owner or owners of pany and such required land for the use or purchase thereof, or if by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land so required for the use of said company in the construction of the said road shall be given in writing, under the oath or affirmation of some engineer or proper agent of said 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 judges of the inferior court of common pleas of the courty of Essex, 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 time not less than ten 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 as aforesaid, he shall appoint under his hand and seal, three disinterested, impartial and judicious freeholders, residents of this state, commissioners to examine and appraise the said lands and assess the damages, upon such notice, not less than ten days, to be given to the persons interested, or otherwise, as shall be directed by the judge making the appointment of commissioners; and it shall be the duty of said commissioners

(having first taken and subscribed an oath or affirmation before some person duly authorized to administer the same) 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, the said commissioners at the same time taking into consideration all the benefits to be derived from or in consequence of said railroad, as the case may be, to the said owner or owners, and to make a just and equitable appraisement of the value of the same, and an assessment of damages to be paid by the said company, which report shall be made in writing, under the hands and seal of said commissioners, or any two of them, and filed within twenty days thereafter, together with the aforesaid description of the lands, and the appointments and oaths or affirmations aforesaid, in the clerk's office of said county, to remain of record therein, which report, or in case of an appeal, the verdict of a jury and the judgment of the court, and a copy thereof, certified by the clerk of said county, (the damages and costs assessed and adjudged being first paid as hereinafter mentioned) shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the sailands, and either of the judges of the said court shall, on application of either party, on reasonable notice to the other, tax and allow such costs, fees and expenses to the judges of the said court, commissioners, clerks, and other persons performing any of the duties prescribed in this section, as he shall think equitable and just, and to order and direct by whom the same shall be paid.

9. And be it enacted, That in case the said company or owner or owners of the said lands shall be dissatisfied with the report made by the said commissioners named in the preceding section of this act, the party so aggrieved may appeal to the circuit court of the said county of Essex, at the first term after filing of the said report, by proceeding in the form of petition to said court, which proceedings shall vest in said

Parties ago grieved may appeal.

circuit court full right and power to direct a proper issue for the trial of the said controversy between the said parties, and order a jury to be empannelled and sworn as in other cases, and a yiew of the premises to be had, if either of the parties desire it, and the issue to be tried at the next term of said court to be holden in said county, 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 and the damages sustained, and if they shall find a greater sum than the commissioners have awarded or the company have offered to the said owner or owners, then judgment thereon, with costs, shall be entered against the 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 court shall direct, but such application shall not prevent the company from taking the said land upon filing the said report;, provided, that in no case whatever shall said

company

enter

upon Proviso. or take possession of the lands of any person or persons for the purpose of actually constructing said railroad or of making any erections or improvements whatever, or otherwise appropriating said lands to the use of the company until they have paid the party or parties entitled to receive the same the amount found by the said commissioners as the value of the said lands or damages, in case the report of the commissioners is not appealed from, or if the same is appealed from, then the amount which shall be found by the jury by whom the issue shall be tried; but in case the party or parties entitled to receive the amount assessed by the commissioners in case there shall be no appeal, or the amount found by the jury in case of appeal, shall refuse, upon tender thereof being made, to receive the same, or shall be out of this state or under any legal disability, then payment of the amount assessed

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