state, or if unknown, or out of this state, to make publication thereof as he shall direct, for any term not less than ten days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, residents in the county in which the lands or materials in controversy lie, or the owner resides, commissioners to examine and appraise the said land or materials, and to assess the damages, upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, to be expressed therein, rot less than ten days; and it shall be the duty of the said commissioners (having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding) to meet at the time and place appointed, and proceed to view and examine the said land or materials, and to make a just and equitable estimate or appraisement of the value of the same, and assessment of damages as shall be paid by the said company for such lands or materials and damages aforesaid; which report shall be made in writing, under the hands and seals of the said commissioners, or any two of them, and filed within ten days thereafter, together with the aforesaid description of the land or materials and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county in which the land or materials are situated, to remain on record therein, which report, or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of the said company to have, hold, use, occupy, possess and enjoy the said lands or materials, or of the said owner or owners to recover the amount of said valuation, with interest and costs, in an action of debt in any court of competent jurisdiction, in a suit to be instituted against the company, if they shall neglect or refuse to pay the same for twenty days after demand made of their treasurer, and shall, from time to time, constitute a lien upon the property of the company in the nature of a mortgage, and the said justice of the supreme court shall, on application of either party, and on reasonable notice to the other, tax and allow such costs, fees and expenses to the justice of the

Further proceedings in

supreme court, commissioners, clerks and other persons performing any of the duties prescribed in this section as they or he shall think equitable and right, which shall be paid by the said company.

9. And be it enacted, That in case the said company, or case of an ap- the owner or owners of the said land or materials shall be peal. dissatisfied with the report of the commissioners named in the preceding section, and shall apply to the justices of the supreme court at the next term after the filing of the said report, the court shall have the power upon good cause shown to set the same aside, and thereupon to direct a proper issue for the trial of the said controversy to be formed between 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 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 shall have offered or the said commissioners awarded, then the said costs to be paid by 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 or materials 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.

Must con

and wagon

ways.

10. And be it enacted, That it shall be the duty of the said struct bridges company to construct and keep in repair good and sufficient bridges and passages over or under the said railroad 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 railroad shall intersect any farm or lands of any individual, to provide and keep in repair suitable wagon ways over or under the said road.

money on

mortgage, or

11. And be it enacted, That the said corporation shall have May borrow power to borrow, from time to time, such sum or sums of bond and money as shall be necessary to secure rights of way, make otherwise. surveys, to construct or repair said railroad, and to furnish the said corporation with the necessary engines, machinery, cars, boats and buildings, for the uses and objects of said corporation, and to secure the repayment thereof by bond and mortgage, or otherwise, on the said road or roads, lands, property, privileges, franchises and appurtenances of, cr belonging to said corporation, at the rate of interest not exceeding seven per centum per annum; provided, that it shall not Proviso. be lawful for the said corporation to plead any statute or statutes of this state against usury in any court of law or equity in any suit instituted to enforce the payment of any bond or mortgage executed under this section of this act.

portation of

12. And be it enacted, That the president and directors of Rate of transthe said company shall have power to have constructed, or to property. purchase with the funds of the company for its use, and to place on any railroad constructed by them under this act all machinery, engines, cars, wagons, carriages or vehicles, and boats for the transportation of persons or any species of property, as they may think fit, reasonable, expedient or right; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons and every species of property whatsoever thereon as they from time to time shall think reasonable and proper, provided they shall not charge more than at the rate of eight cents per ton per mile for the transportation of property, and four cents per mile for carrying each passenger on said railroads; and no charge shall be required to be less in the aggregate than ten cents; and that the railroad or roads, and their appendages, and all the land over which the same shall pass, and all the works and improvements, steam engines, carriages, and all other property whatever 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.

estate.

13. And be it enacted. That the said company may have May hold real and hold real estate at or near either terminus of their railroad, not exceeding six acres at each place, and at any other points along the line of said road, where the directors may think proper to establish depots, not exceeding two acres at each place, and may erect and build thereon houses, ware

Proviso.

Dividends.

May make

contracts with

nies.

houses machine shops, wharves, slips, and other such buildings and improvements as they may deem expedient for the safety of the property and the construction of carriages, engines, and other necessary uses, and take and receive the rents, profits, and emoluments thereof, and shall have the profits, and emoluments thereof, and shall have the privilege and authority to erect, build and maintain over such rivers, creeks and 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; provided, that the said company, whenever it may become necessary to cross any navigable river or creek, with their road, shall construct a bridge or bridges with suitable and sufficient draws so as not to unnecessarily impede the navigation thereof.

14. And be it enacted, That the said company shall within one year after the said railroad shall have been completed, declare and make such dividends as they may deem prudent and proper, of the net proceeds thereof, and shall in like manner semi-annually 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.

15. And be it enacted, That it shall be lawful for the said other compa corporation at any time during the continuance of its charter to make contracts and engagements with any other corporation or with individuals for transporting or carrying any kind of goods, produce, merchandise, freight, or passengers, and to enforce the fulfilment of such contract.

Penalty for in

&c.

16. And be it enacted, That if any person shall wilfully injury to road, jure, impair, destroy, or obstruct the use of any railroad constructed under the provisions of this act, or any of their necessary works, wharves, bridges, carriages or machines, such person or persons so offending shall forfeit and pay to the said company three times the amount of damages sustained by means of such injury, to be by them recovered with costs of suit, in any court having competent jurisdiction in an action of debt.

When to go

17. And be it enacted, That when ten (10) miles of the into operation said railroad 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.

18. And be it enacted, That as soon as the said railroad, or any part of it, is in operation, the president of the said

statement of

be paid to the

company shall file under oath or affirmation a statement of Must file the amount of the cost of said railroad, including equipments, cost, e, with appendages, and all expenses, in the office of the secretary of stretary of state, and annually thereafter on the first Monday in January of each year, he shall under oath or affirmation, make a statement to the secretary of state of the cost, equipment, appendages and expenses of said road; and after the said railroad, or any part thereof shall be in operation, the said corporation shall pay to the treasurer of this state a tax of one-half of one per centum on the cost, equipment and appendages of said road, to be paid annually thereafter on the first Monday Annual tax to in January of each year, and such other taxes as may be as- state. sessed from time to time by a general law applicable to all railroads over which the legislature shall have power for that purpose, at the time of the passage of such law or laws and until the said railroad or any part thereof shall be in operation shall be regularly assessed and pay tax for the value of its real estate including improvements thereon, and personal property as now taxed in the city or cities, township or townships wherein it lies, at the same time and rate and in the same manner, for the same purposes, and by the same person or persons as other taxes assessed in said city or cities, township or townships; provided, that no other tax or Proviso impost shall be levied or assessed upon said company.

take road.

19. And be it enacted, That at any time after the expira- State may tion of thirty-five 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 persons, three of whom shall be appointed by the chief justice of this state for the time being, the remaining three by the 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, or a majority of them, 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 notice of the said appointment by the said chief justice, then the three so appointed by him shall proceed to make such appraisement, which shall be binding on the said company; or in case the six commissioners shall be appointed, and they cannot agree upon a seventh man, then upon two weeks' notice to the said company the said chief justice shall appoint said seventh man as aforesaid, to

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