sioners to rior court of common pleas of the county of Ocean, who shall cause the company to give notice thereof to the persons interested, if known and in this state, or if unknown and out of the state, to make publication thereof as he shall direct, for any time not less than ten days, and to assign a particular time and place within said county for the appointment of the commissioners hereinafter named, at which time and place, upon satisfactory evidence of the service or publication of such notice aforesaid, he shall appoint under his hand and seal three disinterested impartial and judicious. freeholders, residents of the county in which the lands or materials in controversy are situated or owners reside, commissioners to appraise the said lands or materials, and to assess the damages upon such notice to be given to the persons interested, as shall be directed by the judge making such appointment, to be expressed therein not less than ten days; and it shall be the duty of said commissioners (having first taken and subscribed an oath or affirmation before some Commisperson duly authorized to administer an oath, faithfully and be sworn. impartially to examine the matter in question, and make a true report according to the best of their skill and understanding,) to meet at the time and place appointed, and to proceed to view the said land or material, and the said commissioners to make a just and equitable estimate or appraisement of the value of the same, and an assessment of damages as shall be paid by the 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 in the clerk's office of Ocean county, which report or a copy thereof, certified by the clerk of said county, shall at all times and places be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy said land or material, and of the owner or owners to recover the amount of said valuation, with interests and costs, in an action of debt in any court of competent jurisdiction, if they shall neglect or refuse to pay the same for sixty days after demand made of their treasurer or secretary. passage ed to charge and 10. And be it enacted, That such corporation shall have Empowerpower to charge and collect tolls and rates for the of all boats and vessels upon the said canal and upon such collect parts of the said river and bay, not hitherto navigable, but tolls. which shall have been made so by the digging, dredging, or Proviso. Proviso. Canals when com public highway. other operations of said company, and for towing all boats and vessels upon the same,, and to make, enact, and at pleas ure to change and re-enact such tolls and rates, and also all necessary rules and regulation for the collection and levying the same, as to them may seem proper, and for the good conduct and operation of said canal; provided, that the toll charges by said company shall not exceed seven cents per mile for each ton of registry measurement on all vessels passing through said canal and channels or waters made navigable by said company; and further provided, that nothing herein shall authorize said company to charge tolls on any waters now navigable and free to commerce. 11. And be it enacted, That the said canal and channels pleted to be made by said company when completed, shall forever theredeemed a after be esteemed a public highway, free for the passage of all vessels, and for the transportation of goods, commodities, or produce whatever, conforming in the payment of the tolls and charges to the lawful regulations and by-laws of said corporation. make and declare Directors to 12. And be it enacted, That the directors of said company may make and declare such dividends as they may deem dividends. prudent and proper from time to time, out of the profits of said canal. President and direc purchase &c. 13. And be it enacted, That the president and directors of tors em said company shall have power to purchase all tow boats, powered to steamboats, barges or other vessels, for the transportation of tow-boats, persons or any species of property, on said canal and the waters connecting therewith, and for towing vessels through the same, as they may deem expedient or proper, and to make contracts and engagements with any other corporation, or with individuals, for transporting or conveying any kind of goods, produce, merchandise, freight or passengers, and for towing boats through and on said canal, and the waters connecting therewith, and to enforce the fulfilment of such When company to construct bridges. contracts. 14. And be it enacted, That when the said canal shall cross any public road, or the railroad track of any incorporated company, it shall be the duty of the said company hereby incorporated, at their proper expense, to make good and sufficient bridges across said canal, and to keep the same in repair, so as to prevent any unnecessary inconvenience in the usage of such road or railroad, by reason of the said canal crossing the same. nal is in op to file state ment, &c. 15. And be it enacted, That as soon as the said canal, or When caany part of it is in operation, the president of the said com- eration pany shall file, under oath or affirmation, a statement of the president amount of the costs of said canal, including equipments, appendages, and all expenses, in the office of the secretary of state, and annually, thereafter, on the first Monday in January in 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 canal; and after the said canal, or any part thereof shall be in operation the said corporation shall pay to the treasurer of this state, a tax of onehalf of one per centum on the cost equipment, and appendages of said canal, to be paid annually thereafter, on the first Monday in January of each year, and such other taxes as may be assessed from time to time, by a general law applicable to all canals over which the legislature shall have power for that purpose, at the time of the passage of such or laws, and until the canal, or any part thereof shall be in operation, the said corporation 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 township wherein it lies, at the same time and rate, and in the same manner, for the same purpose, and by the same person or persons, as other taxes are assessed in said township; provided, that no other tax or impost shall be levied Proviso. or assessed upon said company. obstructing 16. And be it enacted, That if any person shall wilfully Penalty for impair, injure, destroy, or obstruct the use of the canal, or injury or channels, or water way constructed under the provisions canal. of this act, or any of the necessary works, wharves or improvements, such person or persons so offending shall forfeit and pay to said company the sum of fifty dollars, to be by them recovered in any court having any competent jurisdiction in an action of debt; and further shall be liable for all damages. row money 17. And be it enacted, That the said corporation shall May borhave power to borrow such sum or sums of money, from time to time, as shall be necessary to build, construct, and repair said canal and channel, or for the use and objects of said company, and to secure the payment thereof by bond or mortgage, or otherwise, on said canal, or on the lands, privileges, franchises and appurtenances of or belonging to said corporation, on the best possible terms, to be sanctioned by Canal when to be commenced; the board of directors, or a majority thereof, with interest at seven per cent. per annum; provided, that the sum or sums so borrowed shall not exceed a sum equal to two-thirds of the amount of capital stock paid in, or value of the property of said company. 18. And be it enacted, That the said canal shall be commenced within three years and completed within five years from the passage of this act. 19. And be it enacted, That this act shall take effect immediately. Approved March 21, 1874. Empowered to lay single or double track. Amendment. CHAPTER CCCXXXVII. A further supplement to an act entitled "An act to incorporate the Paterson and Little Falls Horse and Steam Railroad Company," approved April ninth, one thousand eight hundred and sixty-six. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the Paterson and Little Falls Horse and Steam Railroad Company be and they are hereby authorized and invested with all the rights and powers necessary and requisite to survey, lay out and construct a single or double track horse railway, with the necessary turnouts, along any public road or highway in and within the township of Manchester, in the county of Passaic, upon obtaining the consent, in writing, of the township committee of said township of Manchester, or a majority of them. 2. And be it enacted, That after the word "single," wherever contained in the first section of a supplement to said act, approved March fourteenth, one thousand eight hundred and seventy, shall be inserted and added the words Repealer. "or double," and the words "north of Market and Congress streets, and northwest of the Passaic river, in said city of Paterson," wherever contained in said section, be and the same are hereby repealed; provided always, however, that Proviso. the consent, in writing of a majority of the owners of the land (by lineal feet reckoning), and the consent of the mayor and aldermen shall be first had and obtained, as required by the provisions of said supplement, before the said track or tracks shall be laid; and provided further, the said company Proviso. shall have the right to maintain and construct their said track or tracks over such of the public bridges as are on and connecting their lines of railroad or railroads. 3. And be it enacted, That all acts and parts of acts in- Repealer. consistent with this act are hereby repealed, and this shall be deemed a public act, and take effect immediately. Approved March 21, 1874. CHAPTER CCCXXXVIII. An act to extend the time for completion of the "Hudson Extension 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the "Hudson Tunnel Railroad Company," a corporation duly incorporated under the laws of time. of the state of New Jersey, is hereby allowed two years from the passage of this act in which to complete its first mile of tunnel; provided, that it shall complete its entire tun- Proviso. nel and railroad within four years from the passage of this act. 2. And be it enacted, That this act shall take effect immediately. Approved March 21, 1874. |