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proportion to the amount of shares held by them respectively, as they may deem prudent and proper.

Juring works.

12. And be it enacted, That if any person shall wilfully Penalty for inimpair, injure, destroy or obstruct the use of the railroad constructed under the provisions of this act by the said company, or any of its bridges, carriages, machines, or appendages, such person or persons so offending shall forfeit and pay to the said company the sum of fifty dollars, to be by it recovered in any court having competent jurisdiction, in an action of debt, with costs, and further, shall be liable for all damages.

and hold real

13. And be it enacted, That the said company may have May purchase and hold real estate at the commencement and termination estate. of said railroad, and its several stations on the lines of the said railroad, to a sufficient extent to provide accommodations and conveniences for the business of said railroad, and may erect and build thereon houses, warehouses, machine shops, and such other buildings and improvements as it may deem expedient for the safety of property, and 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 such bridges over any rivers or streams of water on the line of its railroad, as it may find expedient and necessary for the full enjoyment of all the benefits conferred by this act.

costs to be

14. And be it enacted, That as soon as the said railroad, statement of or any part of it, is in operation, the president of said company made. shall file, under oath or affirmation, a statement of the amount of the cost of the said railroad, including equipments, appendages and all expenses, in the office of the secretary 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, equipments, 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 state tax. one-half of one per centum on the cost, equipments and appendages of said road, 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 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,

Proviso.

May borrow

money and is sue bonds,

Free passes.

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 city or cities, township or townships 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 city or cities, township or townships; provided, that no other tax or impost shall be levied or assessed upon said company.

15. And be it enacted, That the said company shall have the power, and it is hereby authorized to make its bonds, and for the purpose of securing their payment, to mortgage its real estate and personal property, railroad or railroads, and all the appurtenances, franchises, powers and privileges and rights belonging thereto, which it may possess under its act of incorporation, to such amount as it may deem expedient, and to sell or negotiate the same at such rate of interest or discount as it may deem for the best interests of the company, without invalidation thereof by virtue of any statute of this state; and the said bonds and mortgages so sold or negotiated, shall be valid and binding in law and equity; and the purchaser or purchasers under a decree in equity of fore closure founded upon any such bond or mortgage, shall be invested with all the estate, rights, franchises, powers and privileges, which are or may be conferred upon or possessed by said company under or by virtue of its act of incorporation, and any supplements thereto, subject, nevertheless, to all restrictions, conditions and limitations contained therein.

16. And be it enacted, That the chancellor, governor, judges of the supreme court, and members and officers of the legislature, shall have free passage on said road during the time for which they may be appointed or hold office.

17. And be it enacted, That this act shall be taken and deemed to be a public act, and shall take effect immediately. Approved March 13, 1872.

CHAPTER CCXIX.

An Act to provide for the laying out and the improvement of the streets, roads and avenues, in the township of Greenville, Hudson county, New Jersey.

missioners.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That at the election to be held in Street comsaid township of Greenville, on the second Tuesday of April, eighteen hundred and seventy-two, it shall be lawful for the inhabitants thereof, to elect five street commissioners, who shall enter upon the duties of their office on the first day of May next, as successors of the present street commissioners in said township, with all the rights, powers, and duties herein conferred upon them; all the laws regulating township elections in said township of Greenville, shall be applica ble to the election provided for in this section.

2. And be it enacted, That of said street commissioners Term of office. so elected, three shall hold their office for one year, and two for two years; and the said commissioners at their first meeting, after their election, shall determine by lot who of them shall hold office for one year, and who for two years, and file the result of said determination with the clerk of said township; and at each annual spring election thereafter, it shall be lawful for the inhabitants of said township to elect as many street commissioners as there are vacancies in said office, and those elected shall determine by lot, their term of office, whether for one or two years, said allotment always to be so arranged that each year the terms of office of three of the commissioners shall expire, and each year the people have an opportunity to elect at least three commissioners; all vacan- Vacancies, cies occurring by death, resignation, or removal from the township, shall be filled, by a majority of the remaining commissioners, until the first Monday of May next succeeding; the term of office of all commissioners elected, after the first election, shall commence on the first Monday of May next succeeding their election; the said commissioners shall each receive a salary of five hundred dollars per annum, payable monthly.

how filled.

Clerks to de

ilver maps to commission

ers

New map to be made and

filled.

With of streeta

Power to open and improve

avenue.

3. And be it enacted, That the said street commissioners of Greenville, elected as aforesaid, shall as soon as qualified, forthwith take from the Hudson county clerk's office and the township clerk's office of the township of Greenville, the maps filed in said offices by said commissioners, March twentysecond, eighteen hundred and seventy (1870), and said clerks shall surrender to them said maps on demand thereof.

4. And be it enacted, That the commissioners to be elected under this act, and their successors in office may make and file in the offices of the county clerk of Hudson county, and the clerk of the township of Greenville, an entirely new map of the streets and avenues of said township, and in making said new map, they are authorized and empowered, to lay down and name on said new map such present streets and avenues as they shall deem expedient to continue as such, and all new streets or avenues they may deem expedient to be laid out, and may change or alter any present street or avenue as to width, course, name or location as in their judgment they may deem proper, but no street, road or avenue shall be less than fifty feet in width; the commissioners may from time to time before the making and completion of said map, file in the office of the clerk of the township of Greenville, maps of separate streets and avenues as they shall be determined upon from time to time by said commissioners, and any street or avenue may be opened or improved as soon as a map thereof is filed in said township clerk's office.

5. And be it enacted, That the commissioners to be elected any street or under this act, and their successors in office, shall have power from time to time, to open any street or avenue in the township of Greenville, and also power to improve any streets or avenues in the said township, by making the same fit for public travel, by any method, including grading, paving, curbing and guttering, and with any kind of material and making sidewalks of plank, stone or other material, and making drains and sewers in all or any parts thereof, but all such improvements shall, so far as they are made on the surface, be made to conform to the grade of such streets and avenues as established or altered by said commissioners. Grade may be 6. And be it enacted, That the said commissioners, or their successors in office, may establish by resolutions and profile maps, the grade, pitch and level of all the streets and avenues in said township; and said resolutions shall be filed in the township clerk's office, and the said profile maps shall

altered on ap

plication of

owners.

commission

ers.

also be filed in said township clerk's office; that the grade of any street or avenue, when once established by such resolu- Resolution of tion and profile maps, may be altered upon written application of the owners of five-eighths of the property, per lineal feet, along such street or road, when such alteration is asked for, and by the consent of the majority of the commissioners, and such alterations of grade shall be shown by new profile maps, made from time to time and filed in said township clerk's office; the grade, when established, may also be altered by resolution of the commissioners, on any street or avenue, or part thereof, when such street or avenue, or part thereof, has not been actually graded, and no buildings have been erected or commenced thereon, since the establishing of the former grade, and such alterations shall be shown on profile maps, to be filed as aforesaid.

to make cn

agreements

company.

7. And be it enacted, That the street commissioners shall Empowered be, and they are hereby authorized to maintain and set up tracts and lamps, and to use lights in the same, in such parts of said with any gas township as they shall deem for the benefit of the inhabitants thereof; and the said street commissioners are hereby authorized to make all necessary contracts and agreements with any gas company in the county of Hudson for erecting street lamps, and lighting the streets of said township, or any portion thereof, with gas, and the expenses for the erecting of such street lamps, and the lighting of said streets with gas, shall be paid for by the said street commissioners, by the issue of certificates of indebtedness, and the amount of money necessary therefor shall be included in any requisition made by the board of finance upon the assessor, and shall be included in the tax to be levied and collected next after the making of said contract or contracts; provided, that such Proviso. contract or agreement shall be made with the lowest bidder, and shall not extend over a period of more than five years; and before such contract or agreement shall be binding on the township, it shall receive the approval of the township committee of said township; and it shall become the duty of, and the assessor of said township is hereby required to assess the same, and the collector of said township is hereby required to collect the same, and pay it forthwith to the treasurer of the township, to be by him used only for the purposes for which it was assessed and collected.

8. And be it enacted, That the commissioners shall have obstructions power to remove obstructions in all streets, public grounds

to be removed

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