Sec. 13. And be it enacted, That if any person or persons shall wilfully or maliciously injure the said rail road or any buildings, machinery or works of the said corporation, such Penalty for injuring or obperson or persons shall forfeit and pay therefor, to the corporation, three times the amount of damages sustained by road. means of such injury, to be recovered in the name of the said corporation, with costs of suit, in any court having cognizance of the same.

structing the

State.

Sec. 14. And be it enacted, That as soon as the said rail Cost of road road, with its appendages, shall be finished, so as to be used, to be filed with the president of the said company shall file, under oath or Secretary of affirmation, a statement of the amount of the cost of said road, including all expenses, in the office of the secretary of state, and annually thereafter he shall, under oath or affirmation, make a statement to the legislature of this state, of the proceeds of said road, and when after the net proceeds of said road shall amount to six per centum per annum upon its Tax to be cost, 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 on the first Monday in January in each year; Provided, that no other tax or impost for the use of this state shall be levied or assessed upon the said company.

paid.

Sec. 15. And be it enacted, That at any time after the ex- When state piration of thirty-five years from the passage of this act, the may take the legislature of this state may cause an appraisement of the road. same and the appendages thereof to be made by six persons, three of whom shall be appointed by the chief justice of the state for the time being, and the remaining three by the said company, who, or a majority of them, shall report the value thereof to the legislature within one year from the time of their appointment, 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 said three persons so appointed by him shall proceed to make such appraisement, which shall be binding upon the said company, or in case the said six commissioners shall be appointed as aforesaid, and cannot agree upon the seventh man, then upon two weeks notice to the said company, the said chief justice shall appoint such seventh man as aforesaid, and thereupon the state shall have the privilege for two years of taking said road upon the payment to the company of the amount of said appraisement within one year after electing to take said road, which report shall be filed in the office of the secretary of state, and the whole property and interest of said road and the appendages thereof shall be vested in the

Limitation

Public act

Restrictions

state of New Jersey upon the payment to the said company of the amount so reported; Provided that the said valuation shall in no case exceed the first cost of said road with the appendages thereof.

Sec. 16. And be it enacted, That if the said rail road shall not be completed and in use within five years from the fourth day of July next ensuing, that then, and in that case, this act shall be void.

Sec. 17. 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. 18. And be it enacted, That no part of the capital stock or monies of the company shall be used for banking or on the use of other purposes not plainly indicated in this act, under penalcapital. ty of forfeiting this charter; and that it may be lawful for the legislature at any time hereafter to alter, modify or amend the same, whenever the public good shall require it. Passed, February 23, 1836.

Preamble.

AN ACT to empower Hugh H. Abernethy, Guardian of
Louisa Maxwell, and Enoch Green, to sell certain real

estate.

WHEREAS Louisa Maxwell, a minor, under the age of twenty-one years, one of the children of John S. Maxwell, late of the township of Greenwich, in the county of Warren, and state of New Jersey, deceased, is seized in fee simple of a certain tract of land of eighty-one acres and twentytwo hundredths of an acre, and of a certain wood lot of twenty acres, all in the said township of Greenwich; And whereas it is represented that the rents, issues and profits of the said lands are insufficient to keep the same in suitable repair, and make suitable improvements as they require; And whereas it is represented that the said lands are suitably situated to cut up into lots, and that it would

be greatly to the interest of the said Louisa Maxwell, the
minor, to sell and convey the said lands in fee simple; but
that the same cannot be done without the aid of a special
law for that purpose; And whereas the other heirs at law
of the said John S. Maxwell, deceased, have, by their pe-
titions, asked for a law to empower the said Hugh H. Aber-
nethy and Enoch Green, to sell the same; and that an
advantageous sale thereof can be made, if power therefor
be given-Therefore,

sell lands.

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 said Hugh H. Abernethy and Enoch Green be, and they are hereby authorized and empowered to grant, bargain, sell at public auction, and convey the said lands, Guardians autenements, hereditaments and real estate aforesaid, of the thorized to said Louisa Maxwell, in fee simple, and execute a deed or deeds thereof and therefor, which shall be as good and effectual to grant, sell, convey and assure the said lands, tenements, hereditaments, real estate, and appurtenances to the same belonging, to the purchaser or purchasers thereof, as if the said deed or deeds was or were made by the said Louisa Maxwell, the ward herself, after she had attained her full age of twenty-one years.

Sec. 2. And be it enacted, That the said trustees, before they enter on the duties assigned them by this act, shall enter To give bond. into bond to the governor of this state, his successor and assigns, with two good securities, being freeholders, resident in the said connty of Warren, to be approved by the orphans' court of the said county, conditioned for the faithful performance of the duties imposed by this act, which bond shall be filed in the surrogate's office of the said county, for the benefit of all persons who may be interested in the said lands; scend as real Provided always that the proceeds of such sales and every estate. part thereof shall be deemed and taken as real estate, and descend to the heir or heirs as such.

Passed, February 23, 1836.

Proceeds to de

Preamble.

William Tins

AN ACT to confirm a certain contract made by William
Tinsman, deceased.

WHEREAS it is represented that William Tinsman, of the
county of Warren, and Mary his wife, did, in the month
of August, in the year of our Lord one thousand eight
hundred and thirty-three, by verbal contract, bargain and
sell all the undivided share of the said Mary, in the real
estate which descended to said William Tinsman, and
Mary his wife, in right of said Mary, from her father John
Fine, situate in the township of Alexandria, in the county
of Hunterdon, to Andrew M. Fine, of the township of
Alexandria, aforesaid, and his heirs, for the sum of eight
hundred and forty dollars; and in accordance with said
sale, possession of said premises was given to said Andrew
M. Fine, and the interest of said purchase money paid by
said Andrew M. Fine to the said William Tinsman and
Mary his wife; And whereas said Mary hath since died,
without having joined in the execution of a conveyance of
said land, agreeably to said contract, leaving eight chil
dren, lawful heirs, to wit: John F., William, Sarah, Catha-
rine, Margaret, Elizabeth, Mary, and Emily, all in their
minority, except John F., William, and Sarah-There-
fore,

Sec. 1. BE IT ENACTED by the Council and General Asman authori- sembly of this State, and it is hereby enacted by the authority sed to execute of the same, That the said William Tinsman be, and he is hereby authorized to execute a deed of conveyance of said land, to said Andrew M. Fine, according to the stipulations of said contract.

deed of conveyance.

Séc. 2. And be it enacted, That before the execution of said conveyance, the said William Tinsman shall enter into bond, To give bond. with sufficient security, to be approved by the orphans' court of the county of Warren, and to be filed in the office of the surrogate of said county, in the sum of two thousand dollars, conditioned for the distribution of said purchase money among the children aforesaid, share and share alike, to wit: to pay to said John F., William, and Sarah, their distributive shares, and to secure the shares of said minors, on bond and mortgage, to be approved by said court, and to be paid to them as they respectively arrive at the age of twenty-one years. Sec. 3. And be it enacted, That nothing in this act conaffect distribu- tained, shall in any wise affect the distribution of said purchase money, in the case of the death of any of said heirs, but

Act shall not

tion of pur

chase

money.

the same in such case shall descend and be distributed as if this act had not been passed.

Passed, February 23, 1836.

AN ACT to authorize Peter V. Pool and John A. Pool, trustees, to sell certain real estate.

WHEREAS it appears that John Pool, deceased, by his last will and testament, did, among other things, devise to Mary Pool his wife, and his two sons, Peter V. Pool and John A. Pool," as trustees for his daughter Mary, the wife of Rutsen Hardenbergh, during her life and his life, and to Preamble, and for the use of their children, their heirs and assigns forever, certain real estate;" And whereas Rutsen Hardenbergh hath departed this life, leaving the said Mary, his widow, and two children, minors, and the said Mary Pool, one of the trustees above named, hath also departed this life; And whereas the said real estate consists of a dwelling house and store houses, and now requires considerable repairs, and that the proceeds thereof are insufficient to effect the same-Therefore,

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 Peter V. Pool and John A. Pool, trustees of Mary Hardenbergh, or the survivor of them, are hereby Trustees auinvested with full power and authority to sell at public sale, thorized to se for the best price they can obtain, giving four weeks notice real estate of by advertising the same in five of the most public places in J. Pool dee. the neighbourhood where the said real estate lies, and also causing the same to be published in one or more of the newspapers printed in the city of New Brunswick for the like space of time, all the real estate which was devised by John Pool, deceased, to the said Mary Pool, deceased, Peter V. Pool and John A. Pool, as trustees for Mary Hardenbergh, during her life, and the life of Rutsen Hardenbergh, and to and for the use of their children, their heirs and assigns for