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tween 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 owners thereof being under any legal disability, the same being first paid into the court of chancery.

estate may

12. And be it enacted, That the said company may pur- What real chase, have and hold real estate at the commencement and be held. 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, warehouses, 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.

Dividends.

Penalty for injuring works.

When company may commence

running.

Commencement and

of road.

13. And be it enacted, That the president and directors of 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.

14. 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.

15. 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.

16. And be it enacted, That if the said railroad shall not completion be commenced within two years from the fourth day of July next ensuing, and finished in four years, that then and in that case this act shall be void.

Annual tax to be paid to

state.

17. 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 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 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 into 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 other tax Proviso. or other impost shall be levied or assessed upon the said

company.

may pur

roads.

18. And be it enacted, That it shall be lawful for the said Company company to purchase any plank road or roads within the chase other 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.

19. And be it enacted, That this act shall continue in force Limitation. for and during the term of twenty years, and that the legislature may at any time alter, modify or repeal the same. Approved March 23, 1859.

CHAPTER CXCIV.

AN ACT Concerning elections in the township of Winslow in the county

of Camden.

conducting

1. BE IT ENACTED by the Senate and General Assembly of Manner of the State of New Jersey, That from and after the passage of elections. this act, at all annual or general elections, held in the township of Winslow in the county of Camden, it shall and may be lawful for the election officers in said township,

conducting such elections, to open the ballot box at the hour of seven o'clock on the morning of election day, at the town or village of Winslow, in said township, and there to keep the same open for the reception of votes, until the hour of twelve o'clock noon of said day, when the same shall be closed, and the election and ballot box shall be removed to a suitable public place, in the town or village of Tansborough in said township, where the election and the said ballot box shall again be opened, on the same day, at the hour of two o'clock in the afternoon, where the said election is to be kept open, conducted and concluded as prescribed by the several acts of this state regulating elections; and that all acts or parts of acts conflicting with the provisions of this act, be and the same are hereby repealed, so far as they relate to said township of Winslow. 2. And be it enacted, That this act shall take effect immediately.

Approved March 23, 1859.

Preamble.

CHAPTER CXCV.

AN ACT explanatory of the act entitled "Supplement to an act entitled An act respecting the Independent Essex Brigade, and to better regulate and discipline the same," approved March fourth, eighteen hundred and fifty-eight.

WHEREAS, doubts have arisen whether the provisions of the original act, approved March twentieth, eighteen

hundred and fifty-seven, apply to and have effect in the county of Union, as is expressly provided for in the fifth section of the supplement thereto, therefore,

of act ex

1. BE IT ENACTED by the Senate and General Assembly of Provisions the State of New Jersey, That the provisions of the act en- tended. titled "An act respecting the Independent Essex brigade, and to better regulate and discipline the same," approved March twentieth, eighteen hundred and fifty-seven, as well as of the supplement thereto, approved March fourth, eighteen hundred and fifty-eight, shall be applied to and have effect in the county of Union; provided, however, that Proviso. instead of the amount of fifty cents therein directed to be assessed upon every white male inhabitant capable of performing militia duty between the ages of twenty-one and forty-five, there shall be assessed annually only the sum of twenty-five cents upon such persons as are liable to such. assessment by the provisions of the act to which this is a supplement.

Approved March 23, 1859.

CHAPTER CXCVI.

AN ACT regulating the election of overseers of highways in the township of Millville, in the county of Cumberland.

given of first

1. BE IT ENACTED by the Senate and General Assembly of Notice to be the State of New Jersey, That the overseers of the highways district road

meetings.

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