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of Common

view the premises, and hear the parties and evidence, if desired, and thereupon make such decision and award as to them shall appear just and proper, and transmit such award and decision, together with a description of the said land, and the quantity taken, by whom owned, and how situate, bounded and described, in writing under their hands and seals, or the hands and seals of a majority of them, to the judge who appointed them, to be by him returned and filed, together with all papers before him relating thereto, in the clerk's office of the county, there to be kept as a public record, and copies taken if required by either party; and if either party shall feel aggrieved by the decision of such commissioners, the party so aggrieved may appeal to the Inferior Appea! may be Court of Common Pleas of the county, at the next term after had to the Court such decision of the commissioners, by proceeding in the form Pleas of petition to the said court, with notice to the opposite party of such appeal, which proceeding shall vest in the said Court of Common Pleas, full right and power to hear and adjudge the same, and if required, they shall award a venire in the A venire may be common form for a jury before them, who shall hear and awarded. finally determine the same; and it shall be the duty of the said jury to assess the value of the said land and all damages sustained; and if the said jury be demanded by the company, and they shall find a greater sum than the said commissioners, then judgment shall be given with costs against the said com- By whom cost pany, and execution issue if need be; but if the said jury shall to be paid. be demanded by the owner or owners, and shall find the same, or a less sum than the commissioners awarded, then the cost shall be paid by the owner or owners, and shall be deducted out of the said sum so awarded, or execution issue therefor, as the court shall direct; and upon payment or tender of the sum so found by the commissioners, or by the jury, with costs if any, the said corporation shall be deemed to be seized and possessed, in fee simple, of all such land and real estate so appraised as aforesaid.

award of com

Sec. 10. And be it enacted, That in case any owner or owners, of such land or real estate, shall be feme covert, under age, non compos, out of the state, or under any other legal disability, which would prevent their agreement with the said company, then it shall be the duty of the said corporation, to pay the amount of any award or report so made When amount of in behalf of any such person, into the Court of Chancery, missioners to he to the clerk thereof, subject to the order of the said court, for paid into Chanthe use of said owner or owners, all of which said proceed- cery. ings as well under this as the last section of this act, shall be at the proper costs and charges of the said corporation, except in cases of appeal above provided for, and the said judge shall, and may order and direct the amount of the costs and charges of such valuation, appraisement, and witnesses'

fees.

Bridges to be constructed when other roads cross the railroad.

Company may Construct vehi

cles for trans

portation of pas

sengers merchandise.

Rate of tolls.

road may be commenced.

Sec. 11. And be it enacted, That it shall be the duty of the said company, to construct and keep in repair, good and sufficient bridges or passages, over or under the said railroad,* where any public or private road shall cross the same, so that the passage of carriages, horses and cattle, over the said road shall not be impeded thereby, and also, where the said road shall intersect any farm or other lands, of any individual, to provide and keep in repair suitable wagon ways over or under said road, so that the same may be passed; and likewise to make and maintain good and lawful fences along the line of said road, where the same may be necessary.

Sec. 12. And be it enacted, That the president and directors of the said company, shall have power at their discretion to have constructed or to purchase with the funds of the company, and to place on the railroad by them constructed, all machines, engines, wagons, carriages or vehicles, for the transportation of persons or any species of property thereon, as they may think expedient and right; Provided, they shall not charge more than at the rate of ten cents per mile per ton, for the transportation of property on said road, not particularly specified in this act, five cents per mile for each passenger in the carriages of the company, ten cents per cord per mile for wood, ten cents per thousand feet for lumber per mile, and one eighth of a cent per mile per bushel for grain, and that the said railroad and appendages, carriages, engines, tools, implements, and all other property, real and personal, by the said company, had, held, used, occupied and enjoyed, and necessary and proper for the use of the said company, shall be, and the same is hereby vested in the said corporation, and their successors and assigns, during the continuance of this act.

Sec. 13. And be it enacted, That the president and directors of the said company, may, whenever the sum of six When the rail- thousand dollars is paid in, according to this act, commence the said railroad at Bridgeton aforesaid, and shall complete the same to Centreville, in the county of Salem; and if the whole of the capital stock shall be subscribed, they are then authorized and required to continue the said railroad to Little Ease Mills, in the county of Gloucester, according to the direction of the seventh section of this act; and if the said road shall not be finished to Centreville, within ten years, or Time limited for finished the whole distance within fifteen years, then the

completion.

Proviso.

rights of the said corporation as to the part of such road unfinished, shall wholly cease and be void; Provided, that nothing in this act contained, shall prevent the said corporation from the full use, privilege and enjoyment of such part of said road, as shall within the said period be finished and completed.

Sec. 14. And be it enacted, That if any person shall wilfully impair, injure, destroy or obstruct the use of the said

or property of

railroad, or any part thereof, constructed by the said corpo- Penalty for inration, under the provisions of this act, or any of their works, juring the road wharves, carriages, houses, bridges, engines, machines, im- the company. plements or tools, such person so offending shall forfeit and pay to the said company, the sum of twenty dollars, to be by them recovered in any court, having competent jurisdiction, in an action of debt, and shall be also liable for damages.

Sec. 15. And be it enacted, That the president and directors of the said corporation, shall within one year after

the full completion and use of seven miles of the said road, When dividends declare and make such dividends out of the clear profits of to be made. the said railroad as they may deem prudent, and shall in like manner semi-annually thereafter, declare such dividends, and pay the same to the stockholders or their legal representatives, in proportion to the shares held by them respec- Proviso. tively, as they may deem prudent; Provided, that the said corporation shall not at any time make, declare, or pay out any dividends of the capital stock of said corporation.

are not owned

Sec. 16. And be it enacted, That the road authorized by this act, be, and the same is hereby declared a public highway, and shall be free for the passage of any railroad car- Tolls to be paid riage thereon, with passengers or property, upon payment of when carriages the tolls by this act allowed, and where the carriages, that by company. so pass said road, are owned by other persons than the company, the following rates of toll shall be paid to said company; five cents per mile per ton, for the transportation of property (not herein specified;) five cents per thousand feet per mile, for lumber; five cents per mile for each cord of wood; one sixteenth of a cent per mile per bushel, for all kinds of grain; two and a half cents per mile for each passenger, and two cents per mile for each empty carriage, car or other vehicle, Proviso. and the same for each horse, mare, gelding or mule; Provided, that the said carriage so used thereon, shall be of the same description in the formation of the wheels and length of axle as those used by the company, and shall be so regulated as to the time of starting and rates of travelling as not to interfere with the carriages of the company, or with any regulations they may adopt under the provisions of this act; and the persons travelling on said road, shall, at all times be subject to the rules of said coporation.

Statement of

in the office of

Sec. 17. And be it enacted, That as soon as the railroad, with its appendages, shall be finished and completed, the president and treasurer of said company, under oath or uf- the cost of the firmation, shall file a statement in the office of the secretary road, to be filed of state, of the actual cost of said road, including all expenses, secretary of and annually thereafter, the president and treasurer of said state. company shall make a statement to the legislature of this state, under like oath or affirmation, of the proceeds of said road, until the net income of said road shall amount to ten

[blocks in formation]

per cent. per annum, upon the amount of such cost and expenses, and as soon as the net proceeds of said road shall amount to ten per centum per annum upon its whole cost, the said corporation shall pay to the treasurer of this state, a tax of one half of one per centum per annum on the cost of said road, to be paid annually, on the first Monday of January, in each year; Provided, that no other tax shall be imposed upon the said road.

Sec. 18. And be it enacted, That the said corporation shall not in any manner or form, use, or employ any part of their stock, funds, or other estate, in banking operations, upon penalty of the immediate forfeiture of this charter.

Sec. 19. And be it enacted, That this act shall continue in force for the term of twenty-five years, and shall be deemed and taken as a public act, and shall at all times be recognized as such in all courts and places whatever; and the legislature may, at any time, have power to alter, modify, or amend this act as they shall see proper.

Passed February 11, 1834.

AN ACT to divorce Catharine Pearce from her husband Edward Pearce.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Catharine Pearce, of the county of Gloucester, be, and she is hereby divorced from her husband Edward Pearce, and that the marriage contract heretofore existing between them, the said Edward Pearce and his wife, Catharine Pearce, be, and the same is hereby as fully and absolutely dissolved, as if they had never been joined in matrimony. Passed February 12, 1834.

AN ACT to divorce John Citler Witts from his wife, Elizabeth Witts.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That John Citler Witts, of the county of Warren, be,

and he is hereby divorced from his wife, Elizabeth Witts, and that the marriage contract heretofore existing between them the said John Citler Witts, and Elizabeth Witts, be, and the same is hereby dissolved, as if they had never been joined in matrimony.

Passed February 13, 1834.

AN ACT for the relief of John Z. Drake.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That the treasurer of this state, for the time being, shall, and he is hereby authorized and required, half yearly to pay to John Z. Drake, a soldier in the service of the United States, in the revolutionary war, or to his order, at the rate of sixty dollars by the year, from the passing of this act, during the life time of the said John Z. Drake; and the receipt of the said John Z. Drake, or his order, shall be a sufficient voucher to the treasurer, for such sums as may be paid by virtue of this act in the settlement of his accounts.

Sec. 2. And be it enacted, That if the Congress of the United States shall hereafter provide for the remaining soldiers of the revolution, not now provided for, and the said John Z. Drake, be provided for thereby, that this act shall cease and become void, and the payment of the pension hereby granted, shall be discontinued, from the time of the commencement of his pension from the United States. Passed February 13, 1834.

AN ACT to divorce Mary Bevens, from her husband Samuel Bevens.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Mary Bevens, be, and she is hereby di

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