and the sum awarded by the commissioners, or in case of an appeal from the award of the commissioners, then the sum assessed by the jury and such costs as the court shall direct, shall be paid by the company to the owner or owners of the land in controversy, but such application shall not prevent the company from taking the said land upon filing the aforesaid report, the value and damages being first paid, or upon a refusal to receive the same upon a tender thereof, or the owner or owners thereof being under legal disability, the same being first paid into the court of chancery; provided, Proviso. that the taking by the owner of the sum awarded by said commissioners, shall not preclude the taking of an appeal from said award, and in case the sum assessed by the jury shall be less than the award, then the company shall have judgment in their favor for the difference, and execution therefor.

constructed

repair.

11. And be it enacted, That it shall be the duty of the Bridges to be said company to construct and keep in repair, good and suffi- and kept in cient bridges or passages over or under the said railroad, where any public or other road shall cross the same, and to alter or grade the said roads, so that the passage of carriages, horses and cattle passing and repassing, shall not be impeded thereby, and also where the said railroad shall intersect any farm or land of any individual, to provide and keep in repair, suitable wagon ways over or under said railroad, so that the same may be conveniently passed.

and transpor

12. And be it enacted, That the president and directors of Rates of fare said company shall have the power to have constructed, or to tation purchase with the funds of the company, all machines, engines, wagons, carriages or vehicles, for the transportation of persons or any species of property on their railroad, as they may think fit, reasonable, expedient or right; provided, they Proviso. shall not charge more than at the rate of six cents per mile for the transportation of property on the said road which is usually weighed by the ton, or three cents per mile for carrying each passenger on said railway.

13. And be it enacted, That the president and directors Dividends. shall, within one year after the said railroad shall have been completed, declare and make such dividends as they may deem prudent and proper from the net profits thereof, and shall in like manner, semi-annually thereafter, declare such dividends and pay the same to the stockholders of the said

Penalty for

injury to property.

May have and hold real es

tate.

Statement of costs and expenses to be

made and filed

State tax.

company, in proportion to the amount of shares held by them respectively, as they may deem prudent and proper.

14. And be it enacted, That if any person shall willfully impair, injure, destroy or obstruct the use of any railroad enjoyed under the provisions of this act, or any of their necessary works, wharves, bridges, carriages or machines, such person or persons so offending shall forfeit and pay to the said company the sum of fifty dollars, to be by them recovered in any court having competent jurisdiction in an action of debt, and further, shall be liable for all damages. 15. And be it enacted, That the said company may purchase, have and hold real estate at the termini of their railroad, and at any intermediate depots upon the line of the same, not exceeding five acres at each place; and may erect and build thereon such houses, warehouses, machine shops and other buildings and improvements as they may deem expedient for the safety of property, and the construction and repairing of cars, carriages, steam engines, and for other necessary uses.

16. And be it enacted, That as soon as the said railroad or any part of it is in operation, the president of the said company, shall file under oath or affirmation, a statement of the amount of the cost of the said railroad, including equipments, appendages, and all expenses in the office of the secretary of state, and annually thereafter on the first Monday in January of each year; he shall under oath or affirmation, make a statement to the secretary of state, of the cost, equipments, appendages, and expenses of said road, and after the said railroad, or any part thereof shall be in operation, the said corporation shall pay to the treasurer of this state, a tax of one-half of one per cent on the cost, equipments and appendages of said road, to be paid annually thereafter on the first Monday in January of each year, and such other taxes as may be assessed from time to time by a general law applicable to all railroads, over which the legislature shali have power for that purpose at the time of the passage of such law or laws, and until the said railroad or any part thereof shall be in operation, the said corporation shall be regularly assessed and pay tax for the value of its real estate, including improvements thereon, and personal property as now taxed in the city or cities, township or townships wherein it lies, at the same time and rate, and in the same manner, for the same purpose, and by the same person or persons, as

other taxes are assessed in said city or cities, township or townships, provided that no other tax or impost shall be levied or assessed upon said company.

money.

17. And be it enacted, That the said corporation shall May borrow have power to borrow such sum or sums of money, from time to time, as shall be necessary to build, construct or repair said road, and furnish the said corporation with all the necessary engines and machinery, for the uses and objects of the said company, and to secure repayment thereof by bond and mortgage, or otherwise, on the said road, land, privileges, franchises and appurtenances, of or belonging to said corporation, at a rate of interest not exceeding seven per centum per annum; provided, that it shall not be lawful for the said Proviso. company to plead any statute or statutes of this state against usury in any court of law or equity, in any suit instituted to enforce the payment of any bond or mortgage executed under this section.

may elect to

value.

18. And be it enacted, That at any time after the expira Legislature tion of thirty years from the completion of the said road, take road at the legislature of this state may cause an appraisement of an appraised the said road and the appendages thereof, to be made by six persons, three of whom shall be appointed by the chief justice of this state for the time being, the remaining three by the company, who, or a majority of them, shall report the value thereof to the legislature within one year from the time of their appointment, or, if they cannot agree, they shall choose a seventh, who, with the aforesaid six, or any three of the said six, shall report as aforesaid, or in case the said company shall neglect or refuse to appoint the said three persons on their part for two months after their said appointment by the said chief justice, then the three persons so appointed by him shall proceed to make such appraisement, which shall be binding on the said company; or in case the said six commissioners shall be appointed as aforesaid, and they cannot agree on the seventh man, then, upon two weeks' notice to the said company, the said chief justice shall appoint such seventh man as aforesaid, to make such appraisement as aforesaid, and, thereupon, the state shall have the privilege, for three years, of taking the said road upon payment to the company of the amount of the said report within one year after electing to take the said road; which report shall be filed in the office of the secretary of state, and the whole property and interests of said railroad, and the appendages

Proviso.

Persons who

may ride free.

thereof, shall be vested in the state of New Jersey upon the payment of the amount so reported to the said company; provided, the sum so to be paid shall in no case exceed the original cost of said road; and that it shall be the duty of the president of the company to lay before the legislature, under oath or affirmation, when they shall so request, a full and fair statement of the cost of said road, and of all the receipts and disbursements of the company.

19. And be it enacted, That the governor, the chancellor, the justices of the supreme court and the judges of the court of errors of this state, whilst traveling for the purpose of discharging the duties of their offices, and the members and officers of both houses of the legislature of this state, during the year or years for which they are elected, shall pass and repass on said railroad, in the cars, free of charge.

20. And be it enacted, That this act may be altered, amended or repealed whenever the legislature may deem the public good requires the same.

21. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved March 17, 1870.

Appointment of harbor mas

ter

Harbor master

to execute

bond.

CHAPTER DXIX.

An Act to provide for the appointment of a Harbor Master for the Harbor of Elizabeth and Elizabeth Creek, in this State.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That there shall be appointed on the nomination of the governor, by and with the advice and consent of the senate, a harbor master for the harbor of Elizabeth and Elizabeth creek; said harbor master shall hold his office for two years or until another shall be appointed in his place.

2. And be it enacted, That said harbor master before entering upon the duties of his office shall execute a bond to the state of New Jersey in the penal sum of one thousand

duties.

dollars, with two sufficient sureties, to be approved by the mayor of the city of Elizabeth, conditioned for the faithful performance of his duties and said harbor master shall perform all the duties, exercise all the powers and derive all the emoluments imposed and authorized by this act. 3. And be it enacted, That said harbor master shall have Powers and authority to regulate and station all ships, vessels and boats in the harbor of Elizabeth and Elizabeth creek and to remove from time to time such ships, vessels or boats as are not employed in receiving and discharging their cargoes; to make room for such others as require to be immediately accommodated for the purpose of receiving or discharging cargoes; and as to the fact of their being fairly and bona fide employed in receiving or discharging their cargoes, the said harbor master is hereby constituted sole judge; the said harbor master shall have authority to determine how far and in what instances it is the duty of masters and others having charge of ships, vessels and boats to accommodate each other in their respective situations, and if any master or other person having charge of any ship, vessel or boat shall refuse or neglect to obey the direction of said harbor master in matters within his authority to direct, or if any person shall resist or oppose the said harbor master in the execution of the duties of his office, such master or other person having charge of any ship, vessel or boat or other person whatsoever shall for every such offence forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, in the name of the state of New Jersey, before any court having cognizance thereof; all which fines when collected shall be paid to the treasurer of this state and shall be subject to the disposition of the legislature thereof.

be demanded

4. And be it enacted, That said harbor master shall have Fees that may power to demand and receive from the commanders, owners and received. and consignees, or either of them, on all domestic ships, vessels or boats, and on all ships, vessels or boats of any foreign nations that are permitted by the laws of the United States. to enter on the same terms as said domestic vessels of the United States, and which shall enter the said harbor of Elizabeth and Elizabeth creek, and load or unload, or make fast to any wharf therein, one and one-half of one per centum per ton, to be computed from the tonnage expressed in the register or enrolments of such ships, vessels or boats, respectively, and no more, and also on all other foreign ships,