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Rates for transportation
or found as aforesaid, into the circuit court of the county of Essex, shall be deemed a valid and legal payment; and further, that 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; and it shall be lawful for said company, and they are hereby authorized, with their road, to cross the line of any other railroad; provided, that the grade of the road hereby authorized, at the point or points of crossing such other railroad, shall correspond with the grade of the railroad so to be crossed, or otherwise at such point or points or shall be constructed a viaduct, at such a height as not to interfere with the passage of the trains upon
such other railroad. Ilighway to be
10. And be it enacted, That in case the said railroad is located on or across any road or highway the said company shall restore such road or highway to such state or condition as not to impair its usefulness.
11. And be it enacted, That the president and directors of said Belleville and Newark Horse Car Railroad Company shall have power to have constructed, or to purchase with the funds of the company, and place and use on said railroad, cars, wagons, carriages or vehicles for the transportation of persons or any species of property, with such motive power as they may think reasonable, expedient or right, but that no steam power shall be used in passing on or over any public road or highway without the permission of the public authorities of the city or township before mentioned; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons, and every species of pro
perty whatsoever thereon, as they from time to time shall Proviso.
think reasonable and proper; provided, that they shall not charge more than five cents per mile for each passenger, and twenty-five cents per ton per mile for the transportation of every species of heavy merchandise and goods as usually weigh 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, or six cents per ton per mile for every ton, four cents per mile for every passenger carried on said railroad in the carriages of others, and four cents per mile for every empty carriage not the property of the company; and that the road authorized by this act shall be and is declared a public highway, and free for the passage of any railroad carriage thereon with passengers or property, upon payment of the tolls prescribed by this act; provided always, Proviso. that the carriages so used thereon shall be of the same description in the formation of the wheels and length of axles as those used by the company, and shall be regulated as to the time of starting and running and rates of traveling by the company, in the same manner as the carriages of the company are ; and the said railroad and its appendages, and the land over which the same shall pass, and all the works and improvements and all other property whatsoever belonging to the company and their successors for and during the continuance of the charter;.provided always, that in case the said Proviso. company, after the road is completed, shall abandon the same or cease to use it and keep it in repair for one successive year in the city of Newark, that the charter shall be annulled so far as it affects said city of Newark, and the common council may remove the same and appropriate enough of the materials thereof to defray the expense of such removal, and for repairing said street or streets; that then and in that case this charter shall be annulled, and the title of the land over which the said railroad is located shall be reverted in the person or persons who would have been legally entitled thereto if the said railroad had not been located; but the superstructure of the said railroad, and the materials of which the same are composed, shall in such case be deemed and taken to be personal property of the company, and shall be by them removed and disposed of within a reasonable time, to and for the use of the said company.
12. And be it enacted, That the president and directors semi-annual may, within one year after the said railroad shall have been be made. completed, declare and make such dividends of the net profits
Company may hoid real es
Penalty for in. juring works.
thereof among the stockholders as they may deem prudent, and shall in like manner, semi-annually thereafter, declare such dividends, and pay the same to the stockholders or their legal representatives, in proportion to the amount of stock held by them respectively.
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 five acres in each place, and may erect and build thereupon 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 if any person shall wilfully or maliciously injure the said road, or any buildings, cars, vehicles, animals, or works of said corporation, such person or persons shall forfeit and pay therefor to the corporation, three times the amount of damages sustained by means of such injury, to be recovered in the name of the corporation, with costs of suit, in any court having cognizance of the same.
15. And be it enacted, That as soon as the said railroad is finished, the president of the said company shall file, under oath or affirmation, a statement of the amount of the costs of the said railroad, including all expenses, in the office of the secretary of state, and annually thereafter, he shall, under oath or affirmation, make a statement to the legislature of this state, of the proceeds and expenses of said road; and as as the said company shall declare to their stockholders dividends equal to seven per centum per annum, from and after the commencement of the building of said road, and so long as the said company pays dividends of seven per centum per annum, the said company shall pay to the treasurer of this state a tax of one-half of one per centum on the cost of the said road, to be paid annually on the first Monday in January; provided, that no other tax or impost shall be levied or raised from said corporation by virtue of any law of this state.
State tax to be paid.
16. And be it enacted, That the said corporation shall have Corporation power to borrow such 'sum or sums of money, from time to money. time, as shall be necessary to repair said road, and furnish, the said company with all necessary buildings, cars, vehicles and animals for the use and object of said corporation, and to secure the re-payment thereof by bond and mortgage, or otherwise, on the said road, land, franchises and appurtenances of, or belonging to the said corporation, at a rate of interest not exceeding seven per centum per annum; provided Proviso. however, that the said company shall not plead the statute of usury in consequence thereof.
17. And be it enacted, That it shall be lawful for the said Corporation corporation, at any time during the continuance of its char-contracts with ter, to make contracts and engagements with any other company or corporation, or with individuals, for operating said railroad, for transporting or conveying any kind of goods, produce, merchandise, freight or passengers, and to enforce the fulfillment of such contracts, and also to demand and receive for the transportation of all passengers and freight by them carried and transported over the road of any other company, the same rates of fare and tolls as the said company are entitled to demand and receive, by virtue of this act, for transportation and passage over their own road; and it shall also be lawful for said company, at any time after said railroad shall be completed, to extend it to the city of Paterson, or any intervening point, under the regulations and restrictions hereinbefore laid down.
18. And be it enacted, That if the said railroad is not com- Time for completed and in use within three years from the fourth day of mid cemple July next, then and in that case this act shall become void.
19. And be it enacted, That the said company shall have company may power to connect with any other railroad hereafter built and other roads. established by any company incorporated by the New Jersey legislature, upon such terms and conditions as shall be agreed on between them, and not inconsistent with their respective charters.
tion of road.
20. And be it enacted, That this act shall take effect immediately.
Approved March 15, 1860.
AN ACT to authorize the trustees of the Millstone school house lot
to sell and convey the same.
WHEREAS, Daniel H. Disborough and Matilda, his wife, by a
deed dated the twenty-ninth day of July, eighteen hundred and fourteen, conveyed to Frederick Frelinghuysen and Edward Van Harlingen, and to their successors as trustees for the neighborhood of Middleburgh, near Millstone, in the county of Somerset and state of New Jersey, a lot of land in the village of Millstone, adjoining the church, for the purpose of erecting thereon a school house, and for no other purpose; and whereas, the said Frederick Frelinghuysen and Edward Van Harlingen have departed this life, and John Van Doren and Peter N. Beekman have been appointed their successors; and whereas, the said Daniel H. Disborough, and Matilda his wife, by their deed dated the seventh day of January, eighteen hundred and forty, have released to the said John Van Doren and Peter N. Beekman, as trustee as aforesaid, all their right in the said lot, so that the title is discharged of any condition; and where