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condition without unnecessary delay, and provided further,
that horse power and no other shall be used by the com-
pany in running their cars or carriages, unless where the
grade of said road may be so steep as to require other
power than horse power; in that case the company shall
have the right to erect stationary engines.
7. And be it enacted, That when the company, or its agents,
cannot agree with the owner or owners of such required
land or materials, for the use or purchase thereof, or when
by reason of the legal incapacity or absence of such owner
or owners, no such agreement can be made, a particular
description of the land and materials so required for the
use of the said company, in the construction of the said
road, shall be given in writing, under the oath or affirmation
of some engineer or proper agent of the company, and also
the name or names of the occupant or occupants, if any
there be, and of the owner or owners, if known, and their
residence, if the same can be ascertained, to one of the
justices of the supreme court of this state, who shall cause
the said company to give notice thereof to the person in-
terested, if known and in this state, or if unknown or out
of this state, to make publication thereof as he shall direct,
for any term not less than six days, and to assign a par-
ticular time and place for the appointment of the commis-
sioners hereinafter named, at which time, upon satisfactory
evidence to him of the service or publication of said notice
aforesaid, he shall appoint under his hand and seal, three
disinterested, impartial, and judicious freeholders, non-
residents in the county in which the lands or materials in
controversy lie, commissioners to examine and appraise
the said lands or materials, and to assess the damages,
upon such notice to be given to the persons interested as
shall be directed by the justice making such appointment
to be expressed therein, not less than six days; 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 an oath, faithfully and impartially
to examine the matter in controversy, and to make a true


Proceedings in case company and owners caunot agree.

Parties dissatisfied may appeal.

report, according to the best of their skill and understand-
ing), to meet at the time and place appointed, and to pro-
ceed to view and examine the said land or materials, and
to make a just and equitable estimate or appraisement
of the value of the same, and assessment of damages as
shall be paid by the company for such land or materials,
and damages aforesaid, which report shall be made in
writing under the hands and seals of the said commissioners,
or any two of them, and filed within ten days thereafter,
together with the aforesaid description of the land or mate.
rials, and the appointment, and oaths or affirmations afore-
said, in the clerk's office of the county in which the land
or materials are situate, to remain of record therein, which
report, or a copy thereof, certified by the clerk of said
county, 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 land or materials, or of the said
owner or owners, to recover the amount of the said valua.
tion with interest and costs, in an action of debt, in any
court of competent jurisdiction, in a suit to be instituted
against the company, if they shall neglect or refuse to pay
the same for twenty days after demand made of their
treasurer, and shall from time to time constitute a lien
upon the property of the company, in the nature of a mort-
gage, and the said justice of the supreme court shall, on
application of either party, and on reasonable notice to the
others, tax and allow such costs, fees and expenses to the
justice of the supreme court, commissioners, clerks and
other persons performing any of the duties prescribed in
this section, as they or he shall think equitable and right,
which shall be paid by the company.
8. And be it enacted, That in case the said company, or
the owner or owners of the land or materials, shall be dis-
satisfied with the report of the commissioners named in the
preceding section, and shall apply to the justice of the
supreme court, at the next term after filing of the said
report, the court shall have power, upon good cause shown,
to set the same aside, and thereupon to direct a proper

issue for the trial of the said controversy, to be formed between the said parties, and to order a jury to be struck, and a view of the premises or materials to be had, and the said issue to be tried at the next circuit court to be holden in the said county, upon the like notice and in the same manner as other issues in the said court are tried; and it shall be the duty of the said jury to assess the value of the said land or materials, and damages sustained, and if they shall find a greater sum than the said commissioners shall have awarded in favor of the said owner or owners, then judgment thereon, with costs, shall be entered against the said company, and execution awarded therefor; but if the said jury shall be applied for by the said owner or owners, and shall find the same, or a less sum, than the company offered or the said commissioners awarded, then the said costs to 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 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 any legal disability, the same being first paid into the court of chancery.

9. And be it enacted, That the said company may purchase, have and hold real estate at the commencement and termini of their road, and the different intermediate depots upon the line of the same, not exceeding one acre at each place, and may erect and build thereon houses, ware-houses, stables and such other buildings and improvements as they may deem expedient for the safety of the property, and the construction of the carriages and other necessary uses, and take and receive the rents, profits and emoluments thereof, and shall have the privilege and authority to erect, build and maintain over such streams as the road may cross, such piers, bridges, and other facilities, as they may think expedient and necessary for the full enjoyment of all the benefits conferred by this act.

What real estate may be held.


Penalty for injuring works.

When company may conninetice running.

Commencement and completion of road.

Annual tax to be paid.

10. And be it enacted, That the president and directors of the said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of said railroad. 11. 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 in 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 by them recovered in any court of competent jurisdiction in an action of debt, and further shall be liable for all damages. 12. And be it enacted, That when two miles 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 created by this act. 13. And be it enacted, That if the said railroad shall not be commenced within two years from the fourth day of July next ensuing, and completed within four years from that time, that then and in that case this act shall be void. 14. 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 trea. surer of said company shall file under oath or affirmation a statement of the amount of the cost of said road, includ. ing 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 costs 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 net proceeds of said road, on the first day of January after it shall be used, and annually thereafter; and as soon as the 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 in January of each year; provided, that no Proviso. other tax or other impost shall be levied or assessed upon the said company. 15. And be it enacted, That it shall be lawful for the said o company to purchase any plank road or roads within the **** limits aforesaid, and to manage and conduct the same, and in case they do not purchase the said roads, then they shall not construct their said road within fifty feet of any such plank road without their consent, except to cross the same, and in doing so they shall cross at right angles, as near as possible. 16. And be it enacted, That this act shall continue in force Limitation. for and during the term of twenty-five years, and that the legislature may at any time alter, modify or repeal the Same.

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A suppleMENT to the act, entitled, “An act concerning inns and taverns,” approved April seventeenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of . - slo the State of New Jersey, That the township committee of the i. in. - - - - averas. township of Greenwich, in the county of Gloucester, and

the townships of Belleville and Bloomfield in the county

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