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 land, rights, privileges and property, 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 examine and view the said lands, rights, privileges and property, 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 the damages to be paid by the said company, which report shall be made in writing, under the hands and seals of said commissioners, or any two of them, and filed within twenty days thereafter, together with the aforesaid description of the lands, rights, privileges and property, 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 said lands, rights, privileges and property; 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,

Parties ag grieved may appeal.

Proviso.

fees and expenses to the judges of the said court, commissioners, clerks, and others 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. 10. And be it enacted, That in case the said company, or owner or owners of the said lands, rights, privileges and property, 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 Hudson, 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 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 empanneled and sworn as in other cases, and a view 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, rights, privileges and property, 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, rights, privileges and property, upon filing the said report; provided, that in no case whatever shall said company enter upon or take possession of the lands, rights, privileges and property 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, rights, privileges and property, 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, or found as aforesaid, into the circuit court of the county of Hudson, shall be deemed a valid and legal payment; and further if the party or parties entitled to receive the amount assessed by the commissioners, may, upon tender thereof being made, receive the same without being debarred thereby from an appeal from the report of the commissioners.

cross any road

11. And be it enacted, That the said horse railroad may Railroad may cross any road or highway, or turnpike or plank road, and or highway, &c with the consent of the township committees of the townships of Weehawken and of North Bergen, may use for the purposes of such railroad any road or highway; provided how- Proviso. ever, said company shall in each case restore such road or highway, or turnpike or plank road, to such state and condition as not to impair its usefulness; and said company may purchase, or lease or use, for a consideration, with the consent of the owners thereof, any such turnpike or plank road, or any part thereof, and use and occupy the same after such purchase or lease, or consent, for the purpose of said horse railroad, keeping, however, such purchased or leased turnpike or plank road in good condition for ordinary travel.

transportation of passengers

12. And be it enacted, That the said company are hereby Rates for authorized to demand and receive such sum or sums of money and freight. for the transportation of persons and of every species of pro

Proviso.

Proviso.

What real estate may be held.

Company may issue bonds.

perty whatsoever thereon, as they from time to time shall think reasonable and proper; provided, that they shall not charge more than five cents per mile for each passenger, and eight cents per ton per mile for the transportation of every species of heavy merchandise and goods as usually weighed by the ton, in the carriages of the company, and for dry goods and packages, such reasonable rates as shall be fixed by the board of directors; provided, however, that the said company shall be regulated, in their charges for passengers carried in Hoboken, by the ordinance aforesaid.

13. And be it enacted, That the said company may purchase, have, hold, and occupy such real estate, at or near the commencement and termination of said road, and at such points along the line of said road, as may be necessary for the convenient transaction of business, not exceeding one acre in each place, and may erect and build thereon depots, warehouses, and such other buildings and improvements as they may deem expedient for the safety of their property and the necessary uses appertaining to their business.

14. And be it enacted, That for the purpose of improving their property, and to enable them to raise money to carry into effect the objects of this act, the said Hoboken and Weehawken Horse Railroad Company are authorized to issue their bonds, bearing an interest not exceeding seven per centum per annum, and to sell and dispose of the same to any person or corporation, at any rate not less than ninety per centum of their value, without the same being invalidated thereby, or any person or any corporation being liable to any penalty therefor; and, to secure the payments of such bonds, the said company shall have power to convey or pledge, by way of mortgage, trust, or otherwise, the whole or any part of the property, franchises, or chartered rights of said company; and such conveyance, pledge, or any foreclosure, sale, or other lawful sale by virtue thereof, shall fully and completely transfer to and vest in the grantee or purchaser all the property, franchises, and chartered rights of said company, free from all incumbrances and debts that were not liens on such property prior to the recording or registry of said mortgage.

15. And be it enacted, That if the said railroad is not completed and in use within five years from the fourth day of July next, then and in that case this act shall become void.

16. And be it enacted, That the said ordinance of the said. the mayor and council of the city of Hoboken be and the same is hereby confirmed and declared valid and effectual, to grant to the said company the rights, privileges, and franchises therein given and granted, and that the same shall be so construed in all courts and places; provided, however, that Proviso. nothing herein contained shall prevent the said the mayor and council of said city, with the consent of said company, from passing and approving an ordinance, and they are authorized to pass and approve an ordinance, altering the said terms, conditions, and stipulations in said ordinance contained.

17. And be it enacted, That nothing herein contained shall be construed to prejudice the rights now vested in the Bergen Turnpike Company, but the said company hereby incorporated may not exercise not only the powers hereinbefore given, but by and with the consent and mutual contract of said company and the Bergen Turnpike Company, purchase, lease, or use, for a consideration, and thereby and thereunder hold, possess, enjoy, and exercise all the franchises and powers given and granted to said last mentioned company in and by an act entitled "A further supplement to an act entitled 'An act for establishing a turnpike road from the town of Hackensack to Hoboken, in the county of Bergen,'" approved March fifth, eighteen hundred and fifty-eight, (for which purpose, said Bergen Turnpike Company are hereby authorized to sell, lease, or transfer said powers and franchises, or so much thereof as are necessary or convenient ;) and in case of such purchase, lease, consent, or contract aforesaid, also receive and demand such sum or sums of money, for the transportation of persons and of every species of property on all or such parts of said railroad as shall be constructed pursuant to the last mentioned franchises, as hereinbefore, by the twelfth section of this act, are allowed.