Penalty for injuring works. When company may commence running. Commence ment and of road. as they may deem prudent and proper, from time to time, out of the net profits of the said railroad. 13. And be it enacted, That if any person shall wilfully impair, injure, destroy, or obstruct the use of any railroad enjoyed under the provisions of this act or of any of their necessary works, bridges, or carriages, such person or persons so offending shall forfeit and pay to the said company the sum of fifty dollars, to be recovered in any court of competent jurisdiction in an action of debt, and further shall be liable for all damages. 14. And be it enacted, That when one mile or more of said road shall be completed, the said company may commence running cars for the transportation of passengers and freight, enjoying all the privileges and subject to the restrictions enacted by this act. 15. And be it enacted, That if the said railroad shall not completion be commenced within three years, and completed at the expiration of ten years from the fourth day of July next ensuing, that then and in that case this act shall be void. Annual tax to be paid to state. 16. And be it enacted, That on the first day of January after the railroad and its appendages, or any part thereof, shall be finished so as to be used, the president and treasurer of the said company shall file, under oath or affirmation, a statement of the amount of the cost of said road, including all expenses, and the amount of all purchases made by virtue of this act, in the office of the secretary of this state, and annually thereafter a like statement of all further cost and expenses from year to year; and the president and treasurer of said company shall also, under oath or affirmation, make a statement to the legislature of this state of the proceeds of said road on the first day of January after it shall be used, and annually thereafter; and as soon as said railroad, or any part thereof, shall be put in operation, the said corporation shall pay to the treasurer of this state a tax of one-half of one per centum on the amount expended by said company for said road, which shall, in like manner, be paid annually thereafter on the first Monday of January of each year; and that no other tax or other impost shall be levied or assessed upon the said company. 17. And be it enacted, That this act shall continue in force Limitation. for and during the term of thirty years, and that the legislature may at any time alter, modify or repeal the same. 18. And be it enacted, That this act shall take effect immediately. Approved March 23, 1859. CHAPTER CCIII. AN ACT to authorize the trustees of the Methodist Episcopal Church at authorized estate. 1. BE IT ENACTED by the Senate and General Assembly of Trustees the State of New Jersey, That the trustees of the Methodist to sell real Episcopal Church at Roseville, in the eleventh ward of the city of Newark, are hereby authorized and empowered to sell, either at public or private sale, certain lots of land and premises situate in Roseville avenue, in the eleventh ward of the city of Newark, and conveyed to the said trustees by James A. Wilson; and to execute and deliver to the purchaser or purchasers thereof good and sufficient deeds for the same, under the hands and seals of the said trustees, by which said purchaser or purchasers, his or their heirs and assigns, shall hold the land so conveyed to their own use, free and clear, and absolutely discharged from all Proceedings of trustees to trusts whatsoever, upon which the same are now held as aforesaid. 2. And be it enacted, That the said trustees shall cause to be recorded. be entered in their book of records a correct statement of all their proceedings under this act, of the moneys received for the sale of said lots, and of the expense attending the same, and that the proceeds arising therefrom shall be held or disbursed for the use and benefit of the said church. Approved March 23d, 1859. CHAPTER CCIV. AN ACT to provide for the removal of obstructions to the free course of the waters in the Rockaway river and Whippany river in the county of Morris. Managers to make assess 1. BE IT ENACTED by the Senate and General Assembly of ment the State of New Jersey, That it shall be the duty of the managers to be appointed in manner as hereinafter mentioned to assess all the flowed lands on the Rockaway river; also all the flowed lands on the Whippany river, so far as in their judgment the said lands will be benefited, for such sum or sums of money as in their judgment may be suffi cient to remove all obstructions to the free course of the waters in said rivers, also for enlarging the New river, a branch of the Whippany river. managers. 2. And be it enacted, That the owners and possessors of Election of said flowed lands shall and may on the second Tuesday after the second Monday in April next, at three o'clock in the afternoon, meet at the Hanover Neck school-house, in the township of Hanover (and may hold all subsequent meetings on their own adjournment), and when met shall by a majority of votes, one vote to be counted for each acre severally owned or possessed, choose not less than three nor more than five persons being owners of flowed lands, managers for the ensuing year, and three persons a committee to examine the accounts of the said managers, and also three disinterested persons commissioners of appeal. satisfied ment may 3. And be it enacted, That the said managers or a majority Persons disof them, shall make a fair and reasonable assessment of all with assessthe flowed lands above mentioned, whether in the hands of appeal. the owners or possessors thereof, in proportion as well to the quantity of land each person may own or possess, ast to the benefit to be received therefrom; and they or one of them shall give notice thereof to each owner or possessor, and if any owner or possessor shall after such notice feel aggrieved by any assessment to be made by virtue of this act, such owner or possessor may apply to the commissioners to meet on his lands alleged to be over-taxed, giving at least three days' previous notice of such meeting to the managers to be appointed under this act, and if it shall appear to the said commissioners, or any two of them, that such person or persons are over-taxed, they shall strike off such sum or sums as may appear too much, together with such part of the expenses of their attendance as they shall think just and right, and the judgment of the said commissioners, or any two of them, signified in writing, shall be conclusive to the parties; but the expenses of ascertaining the quantity of flowed lands each person owns or is possessed of, in cases where the quantity is disputed, shall be paid by the owner or possessor. in case of 4. And be it enacted, That if any person or persons shall Proceedings neglect or refuse, for the space of forty days, after notice refusal to pay assessment. Managers to keep books of account. aforesaid, to pay the sum or sums on him, her or them respectively assessed, and shall not within that time, if they feel themselves aggrieved, procure the said commissioners to meet and determine the same as herein before provided; or shall refuse or neglect to pay such sum or sums, as the said commissioners shall adjudge a fair and reasonable assessment, together with expenses of the said commissioners' attendance, or such part of said expenses, as they or any two of them may deem just and right, within fifteen days after the said commissioners shall have determined the same, and given notice thereof, then it shall be lawful for the said managers or any one of them to make return of the name or names of such delinquent or delinquents, together with the sum or sums by him, her or them respectively required to be paid, to any justice of the peace of the county where such delinquents may reside or can be found, which justice of the peace, upon the oath or affirmation of one of the managers, that each and every of the delinquents therein named, had been duly notified of the sum or sums by them respectively to be paid, as therein contained, and that the same remains unpaid, shall forthwith issue his warrant of distress, directed to some one of the constables of said county, commanding him to seize upon the goods and chattels of such delinquent or delinquents, and after five days' notice by advertisements set up in three public places in said county, to make sale of the same or so much thereof as may be sufficient to pay the sum or sums required of said delinquent or delinquents as aforesaid, together with costs and pay the same to the managers aforesaid, or one of them, and to make return of his proceedings thereon, to the said justice within forty days, and the said justice and constable shall receive the same fees, and be liable to the same penalties as in other cases of taxation. 5. And be it enacted, That the said managers shall keep a book open at all times to inspection, containing a regular account of all moneys they may have received and of payments made, and of expenses they have been at, which |