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Sec. 8. 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, in behalf of any such person, into the court of Chancery, to the Clerk thereof, subject to the order of the said Court, for the use of In certain cases

company to pay said owner or owners, all of which said proceedings, as well the value of under this as the preceding section of this act, shall be at the lands into the proper costs and charges of the said corporation, except in cery. cases of appeal above provided for, and the said judge shall and may order and direct the amount of costs and charges of such valuation, appraisement, and witnesses fees.

Sec. 9. And be it enacted, That it shall be the duty of the said company to construct and keep in repair, good and suf- Other roads not ficient bridges or passages, over or under the said rail road or to be obstructed roads, where any public or other road shall cross the same, so that the passage of carriages, horses and cattle on the said road shall not be impeded thereby, and also where the said road shall intersect any farm or lands of any individual, to provide and keep in repair, suitable wagon-ways over or under said road, so that he may pass the same; and if the company neglect to perform the same, after giving twenty days notice to the company, by the owners or possessors so to do, the owner or possessor may do it himself, and recover the value of the work from the corporation, by common process of law.

Sec. 10. And be it enacted, That the President and directors of the said company, shall have power to have coustructed, or to purchase with the funds of the company, and to place on any rail road constructed by them, all machines, engines, wagons, carriages or vehicles for the transportation of persons or any species of property thereon, as they may think reasonable, expedient or right; Provided, they shall not Rates of pascharge more than at the rate of six cents per mile, per ton, for the transportation of property on the said road or roads, or six cents per mile for carrying each passenger on said railways, in the carriages of the company, or three cents per mile for each ton of property transported, or three cents per mile for each passenger carried on said rail-ways in the carriages of others, and three cents per mile for each empty carriage; and that the rail road or roads, and their appendages, and the land over which the same shall pass, and all the works and improvements, steam engines, carriages, and all other property whatsoever belonging to the said company, at any time or times, are hereby vested in the said company incorporated by this act, and their successors and assigns, during the continuance of this act.

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Sec. 11. And be it enacted, That the President and direcTime annual tors shall, within one year after the said rail road shall have

been completed, declare and make such dividend as they may proceeds to be

deem prudent and proper, of the net proceeds thereof, and shall, in like manner, semi-annually thereafter, declare such dividends, and pay the same to the stockholders of the said company, in proportion to the amount of shares held by them respectively, as they may deem prudent and proper.

Sec. 12. And be it enacted, That if any person shall wilfully impair, injure, destroy or obstruct the use of any rail road constructed under the provisions of this act, by the

said company, or of any of their necessary works, wharves, Penalty for in- bridges, carriages, or machines, such person or persons so juring rail road, 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.

Sec. 13. And be it enacted, That the said company may have and hold real estate at the commencement and termina

tion of said road or roads, not exceeding two acres at each What real estate place; and may erect and build thereon houses, ware-houses, may be held.

machine shops, and such other buildings and improvements, as they may deem expedient for the safety of property, and construction of 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 mainCompany may tain such a bridge over the Passaic river, on the line of said erect a bridge over the Pasaic. road, as they may think expedient and necessary, for the

full enjoyment of all the benefits conferred by this act.

Sec. 14. And be it enacted, That the road or roads autho

rized by this act, be, and the same are hereby declared a Road declared public highway, and shall be constructed with a track for a public highway.

one or more horses, and free for the passage of any rail road carriage thereon, with passengers or property, upon payment of the tolls prescribed by this act : Provided always, that the said carriages 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 rales of travelling, as not to interfere with the carriages of the company.

Sec. 15. And, be it enacted, That as soon as the rail road, with its appendages, 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 costs Statement of of said road, including all expenses, in the office of the Secost of road, &c. cretary of State; and annually thereafter, the President and

Treasurer of the said company shall, under oath or affirmation, make a statement to the Legislature of this state, of the

Proviso.

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praised value.

proceeds of said road; and as soon as the net proceeds of Annual state-,

* ment to Legislasaid rail road shall amount to seven per centum upon its cost, lure. the said corporation shall pay to the Treasurer of this state, a tax of one half of one per centum on the cost of said road, to be paid annually thereafter, on the first Monday in January of each year : Provided, that no other tax or impost shall be levied or assessed upon the said company.

Sec. 16. And be it enacted, That at any time after the expiration of fifty years from the completion of said road, the legislature of this state may cause an appraisement of the said road, and the appendages thereof, to be made by six per

After 50 years, sons, three of whom shall be appointed by the Chief Justice the road at apof this state, for the time being, the remaining three by the pre company; who, or a majority of them, shall report the value thereof to the Legislature, within one year from the time of their appraisement; or if they cannot agree, they shall choose a seventh, who, with the aforesaid 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 upon the seventh man, Mode of ap

praisemeni. 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 the payment to the company of the amount of the said report, within one year after electing to take said road; which report shall be filed in the office of the Secretary of this state, and the whole property and interest of said road, and the appendages thereof, shall be vested in the state of New Jersey, upon payment of the amount so reported to the said company; 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 costs of the said road, and of all the receipts and disbursements of the company; Provided always, that the aforesaid valuation shall be made without reference to the receipts or disbursements of the company, or advance of the stock; and the said valuation shall in no case exceed the first cost or valuation of said road, with the appendages Valuation not to thereof.

Sec. 17. And be it enacted, That if the said rail road shall not be completed, and in use, at the expiration of ten years from the fourth day of July next ensuing, that then, and in that case, this act shall be void.

When act to be

void. Sec. 18. And be it enacted, That the Legislature of this

exceed first cost. Public act.

state, shall have the right to subscribe for stock of the said Right of sub- company, to the amount of fifty thousand dollars, at any time scription reserv• before or within two years after the said road or roads are ed to the state.

completed.

Sec. 19. And be it enacted, That this act shall be deemed and taken as a public act; and shall, at all times, be recognized as such, in all courts and places whatsoever.

Sec. 20. And be it enacted, That no part of the funds of

this company, shall be used for banking or other purposes, not Funds not to be plainly indicated by the provisions of this act; and that the

Legislature reserve to themselves the right to alter, amend, ing purposes.

or repeal this act, whenever they think proper.

Passed January 29, 1835.

used for bank

Preamble.

AN ACT authorizing the sale of certain Lands, of which

Jacob Vandoren, of the County of Somerset, died seized. WHEREAS, it appears to the Legislature that Jacob Vandoren,

late of the county of Somerset, in and by his last will and testament, bearing date the twelfth day of September, eighteen hundred and ten, did order and direct, that a certain farm of him, the testator, called “the Compton farm," should be taken in charge by his executors, and be by them leased out, from time to time, to the best advantage, during the natural life of his son John Vandoren, and the net proceeds thereof be appropriated to, and for the use and comfortable support of his said son; and did further order and direct, that at the termination of the natural life of his said son John, bis executors should, at their discretion, sell and dispose of the said “Compton farm;" and did give and bequeath the proceeds of such sale, in equal shares, to his four daughters, viz: Aully Logan, Elizabeth Annin, Lane Vandoren and Mary Vandoren, and the child and children of the said John, if he should die, leaving any child or children: AND WHEREAS, it is represented and made to appear to the Legislature, that the said “Compton farm," so far as regards buildings and fences, and is very much out of repair, and daily becoming more so: that the net proceeds thereof, are not sufficient to furnish a good and comfortable support for the said John Vandoren, who is now

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a lunatic, and that it would be greatly for the benefit of all parties interested, that the said farm should be sold and disposed of, and the proceeds thereof properly invested and secured, for the uses mentioned in the said last will and testament of the said Jacob Vandoren, deceased; Therefore,

Sec. I. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the surme, That William Annin and Samuel Ayres, be, and they are hereby authorized and empowered to sell at public auc. w. Annin and tion, the said “Compton farm," for the highest sum of money rized 10 sell the the same will bring, first giving notice of the time and place Complon farm. of sale, in at least one of the newspapers published in the said county, for four weeks successively, and setting up advertisements in five or more public places in the said county, for the saine time; and to execute, make and deliver a good conveyance in law, to the purchaser or purchasers, for the same, which conveyance shall vest in the purchaser or pur. chasers, his, or their heirs and assigns, all the estate, right, title and interest, which the said Jacob Vandoren had in the said farm, at the time of his death.

Sec. 2. And be it enacted, That the said Willim Anpin aud Samuel Ayres, shall exhibit to the Orphans' Court of the Account county of Somerset, next after the said sale, under oath, an filed in Surroo, exact statement of the amount of the said sale, to be recorded Somerset. and filed in the office of the Surrogate of said county; and the said Orphans' Court, after approving and confirming said sale, and after allowing all just and reasonable costs and charges incurred in the execution of this trust, shall order and direct the said William Annin and Samuel Ayres, to place out at interest, the balance of the proceeds of the said Proceeds of sale sale, upon good and sufficient security, to be approved of by to be placed al

oy interest for the the said Orphans' Court; and the said William Annin and support of J. Samuel Ayres, shall appropriate and apply, from time to Vandoren, 88•

eculor. time, the said interest, or such part thereof, as may be necessary to, and for, the comfortable support of the said John Vandoren, during his natural life; and after his death, shall pay the balance of the said proceeds, and arrears of interest, according to the directions, true intent and meaning of the said last will and testament of Jacob Vandoren, deceased.

Sec. 3. And be it enacted, That the said William Annin and Samuel Ayres, before they enter upon the trust reposed in them by this act, shall enter into bond, to the Governor of Bond to be this state, with such surety, and in such sum, as shall be ap- given to Gover

nor. proved of by the Judges of the Orphans' Court of the county of Somerset ; conditioned for the faithful performance of the trust reposed in them by this act; which bond shall be de. posited in the office of the Surrogate of the said county.

Passed February 4, 1835.

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