Imágenes de páginas
PDF
EPUB

May make agreements

with Erie

pany.

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 said company shall not have the right to retain possession of the said lands, unless they shall pay 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 the amount found by the jury, in case of appeal, shall refuse, upon tender thereof being made, to receive the same, or shall be out of this state, or under any legal disability, then 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.

6. And be it enacted, That the said company are hereby and contracts empowered to make contracts and arrangements with the Railway Com- Erie Railway Company for the transportation of goods, wares, merchandise and passengers upon and over the road hereby authorized, and the road and ferries operated by the said Erie Railway Company, and also to make such railroad connections as may be necessary or proper for such purpose, between the roads operated by the Erie Railway Company and the road hereby authorized.

May purchase and held real estate.

Statement of costs to be

made.

7. And be it enacted, That the said company may purchase, have, hold and occupy such real estate at or near the commencement and termination of the said road, and on the line of the same as may be necessary for depot purposes, and the storing of goods, wares and merchandise, not however to exceed three acres in any one place, off the lands of the said company acquired or to be acquired for the purposes by the original act of incorporation contemplated, except in the village of Passaic, where the power to take lands by condemnation for depot purposes is not given or intended to be given by this act.

8. And be it enacted, That as soon as said railroad, or any part of it is in operation, the president of the said company shall make, under oath or affirmation, a statement of the amount of the cost of the said railroad, including equip

ments, appendages and all expenses, and file the same in the office of the secretary of state, and annually thereafter, on the first Monday in January, of each year, he shall, under oath, make a statement to the secretary of state, of the cost of the 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 State tax. this state, a tax of one-half of one per centum on the costs, equipment 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 passage of such law, the payment of the one half of one per centum shall be in lieu of all other taxes; and until the said railroad, 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 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 are assessed in said city or cities, township or townships.

stock may be

stockholders.

9. And be it enacted, That shares of stock of one hundred shares of dollars each, to the amount heretofore authorized, may be issued to issued proportionately to the stockholders on the surrender' and cancellation of their present certificates of shares of fifty dollars each.

10. And be it enacted, That this act shall take effect immediately.

Approved March 20, 1872.

CHAPTER CCLXXXVII.

A Supplement to an entitled "An Act to repeal an act entitled 'An Act to incorporate the Newark and Mount Pleasant Turnpike Company," " approved February twentyseventh, anno domini one thousand eight hundred and six.

Preamble. WHEREAS, in and by an act of the legislature of New Jersey, approved March seventeenth, anno domini eighteen hundred and seventy, it was enacted that the "Act to incorporate the Newark and Mount Pleasant Turnpike Company," approved February twenty-seventh, anno domini one thousand eight hundred and six, be and the same was thereby repealed, and that said turnpike should be deemed and taken to be a lawful public road, and should be kept in repair in the same manner, and by the same means, and should be subject to the same penalties as the other public roads are in the several townships, through which the same may pass; and whereas, questions have arisen as to the right of the legislature to repeal the charter of the said road without making compensation to the stockholders for the capital stock thereof,

Commission

ers to tr at of stock.

With owners

Proceedings!

when emmissioners and

owners can" not agree..

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Jabez H. Hazard, William N. Williams and Edward Williams be, and they are hereby appointed commissioners to treat with the owner or owners of said stock of said, "The Newark and Mount Pleasant Turnpike Company," for the purchase and cancellation thereof.

2. And be it enacted, That if said commissioners cannot agree with the owner or owners of such stock for the purchase and cancellation thereof, or when by the legal incapacity or absence of such owner or owners no such agreement can be made, the said commissioners shall meet in the town of Orange, in the county of Essex; notice of the time and place of meeting shall be given by publication for two weeks, in two newspapers, printed and published in Orange, aforesaid, and having first taken and subscribed on oath or affirmation, before some person duly authorized to administer an oath or affirmation, faithfully and impartially to examine the matter

in question, and make a just and true report according to the best of their skill and understanding, shall examine and appraise the value of said stock, and make a just and equitable valuation and appraisement of the same, and assessment of damages to paid to the respective owner or owners of such stock for the condemnation and cancellation thereof.

be made upon

3. And be it enacted, That the said commissioners may Assessment to assess upon the several townships through which said road townships. may pass, such proportionate share of said assessment, and of the expenses of said commissioners, as said commissioners. shall deem just and equitable; and the said commissioners shall be allowed three dollars per day for each and every day Compensation so employed by them in performing the duties prescribed by this act.

ers to make

award and as

Stockholders may bring ac

4. And be it enacted, That the said commissioners shall, Commissionwithin thirty days from the time of making said award and report of assessment, make a report thereof under their hands and sessment. seals or the hands and seals of any two of them, and file the same in the office of the clerk of the county of Essex, together with their oaths or affirmations aforesaid, which report, or a copy thereof certified by said clerk, shall at all times be considered as plenary evidence or the right of said township, and every and either of them through which said road may pass, to have, hold, use, occupy, work and maintain the same, and the right of said stockholders to recover the said valuation thereof with interest and costs in an action tions to rein any court of competent jurisdiction, to be instituted against the said several townships through which said road may pass, if they shall neglect or refuse to pay the same for twenty days after demand made upon their treasurer, and report when filed as aforesaid, shall vest in said several townships the ownership of said stock; provided always, either Proviso. of the said townships, or of the said stockholders feel himself, herself or themselves aggrieved by the decision of the said commissioners, he, she or they may appeal to the court of common pleas of the said county of Essex, at the next term thereafter.

5. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved March 20, 1872.

cover amount of valuation.

CHAPTER CCLXXXVIII.

A Further Supplement to the act entitled "An Act to incorporate the Citizens' Gas Light Company of the city of Newark," approved March eighteenth, one thousand eight hundred and sixty-eight.

1. BE IT ENACTED by the Senate and General Assembly of Amendment. the State of New Jersey, That the eighth section of the act to which this act is a further supplement, be amended by striking out of said section the words "adjoining the said city of Newark, excepting the township of East Orange;" provided, that nothing in the act shall authorize the Citizens' Gas Light Company to lay pipes or erect gas works in the township of Montclair.

Proviso.

Power to sell gas and make

other companies.

2. And be it enacted, That the Citizens' Gas Light ComContracts with pany of Newark, is hereby invested with full power to manufacture, sell and deliver gas to any other gas light company incorporated to supply gas light for all or either of the townships of Belleville or Bloomfield, in the county of Essex, and to make any contract with such company requisite for that purpose; provided always, that nothing herein contained shall be held or construed to affect or impair in any way, or to authorize any interference with any contract now existing between said company and any other gas light company of this state, but such last mentioned contract shall be held to be valid and effectual in law.

Proviso.

3. And be it enacted, That this act shall take effect immediately.

Approved March 20, 1872.

« AnteriorContinuar »