CHAPTER CCCCLX. A Further Supplement to the act entitled "An act to incorporate the Elizabeth City Horse Railroad Company," approved April second, eighteen hundred and sixty-nine. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That so much of section fourteen Repeater. of the act entitled "An Act to incorporate the Elizabeth City Horse Railroad Company," approved April second, eighteen hundred and sixty nine, and so much of section one of the act approved March seventeenth, eighteen hundred and seventy, being a supplement to the said act approved April second, eighteen hundred and sixty-nine, as require the said company to pave their track or tracks between the rails and on the outer side thereof, and to pay to the city of Elizabeth, whenever the said company shall occupy with their tracks or turnouts any street within said city, which, before the time of said occupation, had been paved, such amount of the cost and expense of such pavement as may have been expended in paving between the rails of said tracks and turnouts, and three feet on the outer side of said rails, be and the same are repealed. 2. And be it enacted, That this act shall take effect immediately. Approved April 3, 1872. case of p commission ers to ascertain and as CHAPTER CCCCLXI. A Further Supplement to the act entitled "An Act to incor- 1. BE IT ENACTED by the Senate and General Assembly Proceedings in of the State of New Jersey, That the appointment of compointment of missioners to ascertain and assess damages on.the application of said corporation provided for by an act entitled "A Further sess damages. Supplement to the act entitled 'An Act to incorporate John Doughty and his associates, proprietors of the Morris Aqueduct,' passed the sixteenth day of November, seventeen hundred and ninety-nine," which supplement was approved February seventeenth, eighteen hundred and sixty-two, may be made by either one of the judges of the court of common pleas of the county of Morris, or one of the justices of the supreme court of this state, and in any proceedings for condemnation under said supplement, no publication in a newspaper shall be required in cases where notice shall be served upon the owner or owners in person, and the appeal from the award of said commissioners shall be taken to the circuit court of said county, instead of the court of common pleas, as provided for in said supplement; and said court shall have power to order a struck jury, or a jury of view, or both, to try any such appeal; and also to order any jury which may be empannelled and sworn to try any such appeal to view the premises in question during said trial, and the right of said corporation to appeal from and dispute the correctness of any award, shall not be waived or taken away by their paying or tendering the amount of the award and taking possession of the land, or exercising the rights covered by such award; and the right of any owner of any such lands or rights in like manner to appeal, shall not be waived or lost by the acceptance of the amount so awarded when tendered, and upon the final determination of any such appeal the said court shall render such judgment in favor of the one party and against the other, as the right and justice Right of corporation to appeal not to be waived. L of the case shall require, and shall award to the party substantially succeeding in said appeal, his, her or their costs of said appeal against the opposite party, and shall have power to enforce the judgment so rendered by execution as other judgments are enforced, and also by summary proceedings and attachment for non-payment thereof. 2. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved April 3, 1872. CHAPTER CCCCLXII. A Supplement to an act entitled "An Act to incorporate the Paterson and Haledon Horse Railroad Company," approved April third, one thousand eight hundred and sixtyeight. pletion of road 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the time designated for the Time for comcompletion of said road by the thirteenth section of the act extended. to which this act is a supplement be and the same hereby is extended to the fourth day of July, anno domini one thousand eight hundred and seventy-four. May unite and 2. And be it enacted, That the track provided for in the Width of track seventh section of the act to which this is a supplement, may be of the same width as the track of the Paterson and Little Falls Horse Railroad Company, and that it shall be lawful for the Paterson and Haledon Horse Railroad Company to unite their track with the track of the Paterson and Little Falls Horse Railroad Company's road at any point on Ham. extend track. burgh avenue, in the city of Paterson; and also that it shall be lawful for the said the Paterson and Haledon Horse Railroad Company to extend their track northerly from the old Pompton road to any point in the township of Manchester. 3. And be it enacted, That in place of Elisha Bloomer, Incorporators Edwin T. Prall and Myron H. Chapin named as incorpora stoners. and commis May borrow money and issue bonds May mortgage works. tors and commissioners with others mentioned in the act to which this is a supplement, David B. Beam, Harmon Hockenberry and Andrew A. Snyder are hereby designated as incorporators and commissioners as aforesaid. 4. And be it enacted, That it shall be lawful for the said company from time to time to borrow such sums of money as may be necessary to construct and complete the works of said company, with the appendages thereto, authorized by the act to which this is a supplement, and to issue their bonds at such rates of interest as may be stipulated, and to sell the same on the best procurable terms without invalidation thereof by virtue of any statute against usury; and for securing the payment of the same, full power and authority is hereby granted to the said company to pledge or hypothecate by way of mortgage, trust or otherwise the whole or any part of the works of said company now or hereafter to be owned by said company, together with all the privileges, appendages and appurtenances of said company, and also all the franchises and chartered rights of said company; and such pledge, hypothecation, trust and bond and mortgage shall be valid in law for securing the payment of any sum or sums of money borrowed with the interest thereon accruing which the same may be given to secure, and in case default shall be made in the payment of any moneys so borrowed and secured In case of de- the person or persons, body politic or corporate their legal representatives, successors or assigns claiming under such claiming may pledge, hypothecation, bond, mortgage or trust may by due process of law acquire the title to have, hold, use, occupy, and enjoy the said chartered rights, railroad tracks and all the property of said company and the franchises aforesaid, and take and receive the tolls, rents, issues and profits and advantage thereof, during the whole residue of the term for which the said company is chartered and incorporated, in as full and ample a manner as the stockholders of said company could or might have had, used and enjoyed the same, subject nevertheless to all the restrictions, limitations and conditions contained in the act incorporating said company; and any deed by which any pledge, hypothecation, mortgage or trust shall be created by virtue of this act shall be entered on record in the office of the clerk of the county of Passaic, the same first having been acknowledged or proved according to law. fault of pay ment of money person acquire title. 5. And be it enacted, That this act shall take effect imme diately. CHAPTER CCCCLXIII. A Further Supplement to an act entitled "An Act to incorporate the Newark and South Orange Horse Car Railroad Company," approved April sixth, eighteen hundred and sixty-five. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the time for the completion and Act extended. putting in operation of the Newark and South Orange Horse Car Railroad, now in course of construction, be, and hereby is extended to the fourth day of July, one thousand eight hundred and seventy-three. 2. And be it enacted, That this act shall take effect immediately. Approved April 3, 1872. CHAPTER CCCCLXIV. An Act entitled "An Act to incorporate the Passaic County 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Franklin C. Beckwith, DeGrasse Corporators. B. Fowler, Jacob T. Blauvelt, John Dunlap, Garret A. Hobart, Benjamin Buckley, Edwin R. Mason, James Jackson, John Shaw, Thomas D. Hoxsey, Watts Cook, Peter Dore |