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Proviso.

Proceedings

on appeal.

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 insti-
tuted 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,
upon application of either party, and on reasonable notice
to the others, tax and allow such costs, fees and expenses
to the justice of the 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 company; provided always,
that should the said company, or the owner or owners of
any of the land, feel himself, herself or themselves ag-
grieved by the decision of the commissioners aforesaid, he,
she or they, may appeal to the next circuit court in the
county wherein the said lands may lie.

8. And be it enacted, That every appeal from the decision of commissioners appointed under the preceding section, shall be made in writing, and in the form of a petition to said court, and filed with the clerk of the said circuit court. of the county wherein the lands appraised by the said commissioners shall be, and notice in writing of such appeal shall be given to the opposite party within ten days after the filing thereof, which proceeding shall vest in the circuit court full right and power to hear and adjudge the same, and to direct a proper issue for the trial of said controversy, to be formed between the said parties, and to order. a jury to be struck, and a view of the premises to be had, and the said issue to be tried at the next term of said 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 and damages sustained, and if they shall 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 said jury shall be applied for by the owner or owners, and shall find a less sum than the company shall have offered, or the said commissioners shall have awarded, then 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 said court shall direct, but such application shall not prevent the company from taking the said land, upon filing the aforesaid report; provided, that in no case whatever shall said company enter upon or take possession of any lands of any person or persons, for the purpose of actually constructing said railroad, or making any erection or improvements whatever, or otherwise appropriating said lands to the use of said company, until they have paid to the party or parties entitled to receive the same, the amount assessed by the commissioners as the value of such lands or damages, in case the report of the commissioners is not appealed from, or if the same is appealed from, then the amount which shall be found by the jury by whom the issue shall be tried; but in case the party or parties entitled to receive the amount assessed by the commissioners, in case there shall be no appeal, or in case of appeal found by the jury, shall refuse, upon tender thereof being made, to receive the same, or shall be out of this state, or under any legal disability, then the payment of the amount assessed or found as aforesaid, into the circuit court of the county where the said lands lie, shall be deemed a valid and legal payment; and further, that the party or parties entitled to receive the amount assessed by the commissioners, may, upon tender thereof being made, receive the same without being barred thereby from his, her or their appeal from the report of the commissioners.

Proviso.

make and

bridges.

9. And be it enacted, That it shall be the duty of the Company to said company to construct and keep in repair, good and repair sufficient bridges or passages over or under the said railroad where any public road shall intersect and cross the same, so that the passage of carriages, horses and cattle

What real estate may be held.

Troviso.

Dividends.

Company

may con

&c.

along the said road shall not be obstructed, and likewise when the said railroad shall intersect any farm or lands of any individual, to provide and keep in repair suitable and convenient wagon ways over or under the said road.

10. And be it enacted, That the said company may pur chase, have and hold real estate at the commencement and termini of their railroad, and at any intermediate depot upon the line of the same, not exceeding one acre at each place, and may erect and build thereon houses, warehouses, stables, machine-shops, and such other buildings and improvements as they may deem expedient for the safety of property and the 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 maintain over such creeks or 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, the said company, whenever it may become necessary to cross any navigable creek with their road, shall construct a bridge or bridges with suitable and suffi cient draws, so as not to obstruct the navigation thereof.

11. And be it enacted, That the president and directors of the said company shall declare and make such dividends. as they may deem prudent and proper, from time to time, out of the net profits of the said railroad.

12. And be it enacted, That the president and directors of struct cars, said company shall have power to have constructed, or to purchase with the funds of said company, all such machinery, engines, cars, wagons, carriages, or other vehicles for the transportation of persons or any species of property on railroads as they may think fit, reasonable, expedient, or right; but no steam power shall be used as a motive or propelling power on said railroad; and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons and property thereon as they, from time to time, may think reasonable and proper.

injuring

13. And be it enacted, That if any person shall wilfully Penalty for impair, injure, destroy, or obstruct the use of any railroads works. enjoyed under the provisions of this act, or any of their necessary works, wharves, bridges, carriages, or machines, such person so 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.

may borrow

14. And be it enacted, That the said corporation shall Corporation have power to borrow such sum or sums of money from money. time to time as shall be necessary to build, construct or repair said road, and furnish the said corporation with all the necessary engines and machinery for the uses and objects of said company, and to secure the payment thereof by bond or mortgage, or otherwise, on the said roads, lands, privileges, franchises and appurtenances of or belonging to said corporation, at a rate of interest not exceeding seven per centum per annum; provided, that it shall not be Proviso. lawful for the said company to plead any statute or statutes. of this state against usury in any suit in law or equity, instituted to enforce the payment of any bond or mortgage executed under this section.

Time for ment and

commence

completion

15. And be it enacted, That if the said railroad shall not be commenced within three years, and be completed at the expiration of ten years, from the fourth day of July next of road." ensuing, that then, and in that case, this act shall be void.

be consoli

16. And be it enacted, That it shall be lawful for the cor- Stock may poration hereby created, and the aforesaid "The Haddon- dated. field and Camden Turnpike Company," with the consent of two-thirds, in value, of such of the stockholders of said companies as shall attend a meeting thereof upon the joint call of their respective presidents, to be published at least four weeks successively in two of the newspapers printed and published in the county of Camden, specifying the time, place and object of such meeting, to consolidate the capital stocks of said two companies upon such terms and conditions, and with such capital as may be agreed and determined upon by their respective boards of directors;

and that whenever the said capital stocks shall be so consolidated, a certificate thereof, under the common seal of the said two companies, attested by their presidents, shall be filed in the office of the secretary of state at Trenton, and thereupon the said two companies shall be and become a corporation and body politic, in fact and in law, by the name of "The Camden and Haddonfield Passenger Railroad and Turnpike Company," with such capital as may be agreed upon and determined as aforesaid, not exceeding the amount of the joint capitals thereof, and with all the powers, privileges, and franchises of said two companies, but subject to all their restrictions, limitations, conditions, and penalties; and it shall be lawful for the stockholders of said two companies, as soon as conveniently may be after said consolidation, upon the joint call of their then late presidents, to be made and published as above set forth, to elect from among themselves a board of eleven directors for such consolidated company, to manage the affairs thereof for one year next ensuing, and until others shall be elected in their stead; and annually thereafter the stockholders of such consolidated company shall elect a like board of directors to manage the affairs of said company; which board and boards of directors shall have all the powers and privileges to elect and appoint a president and other officers, agents and workmen, and to conduct and manage the affairs of such consolidated company as is herein before provided for and given to and conferred upon the boards of directors for the said "The Camden and Haddonfield Passenger Railroad Company," as to such

company.

Approved March 4, 1859.

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