Preamble.

Company authorized to

hold lands.

CHAPTER XXVI.

AN ACT to authorize the New York and Erie Railroad Company to purchase and hold lands, and to complete and finish the railroad of "the Paterson and Hudson River Railroad Company."

WHEREAS, the New York and Erie Railroad Company, by virtue of certain leases and agreements made by the Paterson and Hudson River Railroad Company and the Paterson and Ramapo Railroad Company to the Union Railroad Company, bearing date the ninth day of September, eighteen hundred and fifty-two, and assigned to the New York and Erie Railroad Company, have the right to use the railroads of said two first mentioned companies during their respective charters, and have the right to extend said Paterson and Hudson River Raiload, and to make a railroad from any point in the same to the Hudson river, at some point opposite the city of New York, which leases and agreements were approved and confirmed by an act of the legislature of this state, approved March fourteenth, eighteen hundred and fifty-three; AND WHEREAS, it is desirable that the New York and Erie Railroad Company should have the power to purchase and hold in their own name such lands necessary and convenient for the transaction of their business, as said Paterson and Hudson River Railroad Company, and other companies incorporated by this state, may by law purchase and hold at their stations and depots, and to proceed in their own name to construct and extend said railroad from the Paterson and Hudson River Railroad to the Hudson river, and to hold the lands necessary for such construction in their own name,

1. BE IT ENACTED by the Senate and General Assembly of the purchase and State of New Jersey, That the New York and Erie Railroad Company are hereby authorized to purchase and hold in their own name such and so much land and real estate in the county of Hudson, at or near any station or depot that they may establish in said county, as may be necessary for the conve nient transaction of their business, for storing and working upon their engines, cars, fuel and materials to be used upon their

roads, for receiving, delivering and keeping property transported or to be transported on their road, to the best advantage, for side tracks, platforms and station houses, and for all other purposes strictly connected with and appertaining to their business of transporting passengers and freight; provided, Proviso. that two acres of land at any such depot or station, and not more shall be exempt from city, township and county tax.

authorized ta construct

2. And be it enacted, That the New York and Erie Railroad Company Company may proceed in their own name to make and con- cont struct a railroad from any point in the railroad of the Paterson and Hudson River River Railroad Company to any point on the Hudson river opposite the city of New York, according to the provisions of the act incorporating said Paterson and Hudson River Railroad Company, and the several supplements thereto, and that for that purpose they are hereby authorized to survey, lay out and locate such extension or continuation of said railroad of any width not exceeding one hundred feet, and when such location has been filed in the office of the secretary of state, to purchase and hold all lands necessary or convenient for the continuation of said road, and in all cases provided for in the eighth section of the act entitled "An act to incorporate the Paterson and Hudson River Rail Road Company," are authorized to proceed to acquire the title to the same, by proceeding in their own name, in the manner provided in such eighth section, and upon paying the inquisition assessed, with the costs, or bringing the same into court, as in said section provided, shall be seized of the lands in such inquisition described in the same manner as the Paterson and Hudson River Railroad Company would have been; provided, Proviso. that in this proceeding to acquire lands, this section shall confer the same power upon the New York and Erie Railroad Company as was vested by the said act in the Paterson and Hudson River Railroad Company, and no greater power; and provided further, that said road from the east side of Palisade Proviso. avenue, for the distance of thirty-five hundred feet westwardly through the city of Hudson, shall not be constructed with an open cut, but shall be tunnelled or arched over, except proper and suitable openings and shafts for light and ventilation.

3. And be it enacted, That for the purpose of enabling the

State may take roads at appraisement.

Map and plan of road to be filed.

Act not

affect con

to

state of New Jersey to take the said railroad, upon an appraisement of its value, at any time after the fourth of July, eighteen hundred and eighty-six, in the manner provided for by the seventeenth section of said act to incorporate the Paterson and Hudson River Railroad Company, the continuation of said railroad and its depots and appendages constructed, purchased and acquired by virtue of the provisions of this act, shall be considered part of the road of the Paterson and Hudson River Railroad Company, and may and shall be taken by the state at the same time and in the same manner as the state may take the road of said company, except, nevertheless, that the lands, railroad and appendages thereto, acquired or purchased by the New York and Erie Railroad Company, and owned by them, shall be appraised seperately from the residue of said railroad and appendages, and the value thereof paid to the New York and Erie Railroad Company.

4. And be it enacted, That the said New York and Erie Railroad Company shall as soon as they shall have completed the said railroad to the Hudson river, make and file in the of fice of the secretary of this state, a map and plan of said railroad, from the point where it shall be constructed, from the present road to the Hudson river, and of all side tracks and switches connected therewith, and the ground covered thereby, and of the land occupied by them as depots or stations, not including therein more than two acres of land not occupied by their track at each station or depot, verified by the oath of the president and engineer of said company, and shall attach thereto a just and true account of the costs of said lands and track and the improvements thereon, verified by the oath of the president and engineer; and said company shall thereafter pay to the treasurer of this state, yearly, and every year, a tax of one-half of one per centum upon the amount of said cost, in lieu of all other taxes on the same, and the lands included in said plan or map, and said account shall be subject to no other tax, impost or assessment, except city assessments for improvement upon or near the same, to which they shall be liable as all other lands.

5. And be it enacted, That this act shall not affect or impair lore made any contract or agreement heretofore made and entered into

tracts here

between the New Jersey Railroad and Transportation Company of the one part, and the President and Directors of the Paterson and Hudson River Railroad Company of the other part, or between any other parties or corporations.

cers to pass

6. And be it enacted, That the governor, the chancellor, the Certain offi attorney general, the treasurer and secretary of this state, the free. 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 their annual or other sessions, shall pass and re-pass on the railroads of the President and Directors of the Paterson and Hudson River Railroad Company, including the extension hereby authorized, and of the Paterson and Ramapo Railroad Company, in the cars of any company running on said railroads, free of charge, subject to the rules and regulations of such company. 7. And be it enacted, That this act shall take effect immediately.

Approved February 21, 1856.

CHAPTER XXVII.

A SUPPLEMENT to an act entitled "An act authorizing the enclosure of a certain tract of land, situate in the township of Pequannac, county of Morris, and state of New Jersey, called Tom's Point." Approved March fourth, eighteen hundred and fifty-two.

thorized to

au.

1. BE IT ENACTED by the Senate and General Assembly of the Owners State of New Jersey, That it shall be lawful for the owners enclose tract and possessors of the land lying within the boundaries of said act of incorporation to take in or include within the boundaries of said act all the land lying or included within the fol

Owners entititled to privileges of act

Supplement

to be con

sidered as

lowing boundaries, (to wit,) beginning on the bank of the Passaic river at the most southerly corner of lands formerly belonging to Peter Speer, Esq., and also at the beginning corner (of the boundaries) of said act of incorporation to which this is a supplement, from thence down said river, the several courses thereof, to a point one chain below the mouth of the Dod's Slank; thence a straight line a north-easterly direction to a line of willow trees, standing on the south-east bank of a ditch leading from Dod's Spring; thence in line of said willow trees to a post and rail fence at the high lands; thence in line of said fence a north-easterly direction to the boundary line of the said act of incorporation; thence along the said boundary line to the place of beginning.

2. Be it enacted, That the owners and possessors of said land so taken in or included in said act shall be entitled to all the benefits and privileges of said act, and in all respects be subjected to the rules, regulations and by-laws of said act of incorporation.

3. Be it enacted, That this supplement shall be taken, conpart of act. sidered and understood, by all the courts of record of this state, as a part of said act of incorporation.

Part of formor act repealed.

4. Be it enacted, That so much of the first section of said act, to which this is a supplement, as is inconsistent with the provisions of this act, the same is hereby repealed.

5. Be it enacted, That this act shall take effect immediately. Approved February 22, 1856.