Penalty for injuring works, &c. When company may commence running cars. Statement of costs and ex. penses to be made and filed State tax. Proviso. Persons that 12. And be it enacted, That if any person shall wilfully or maliciously injure the said road, or any buildings, cars, vehicles, animals or works of said corporation such person or persons shall forfeit and pay therefor to the corporation, three times the amount of damages sustained by means of such injury, to be recovered in the name of the corporation, with costs of suit, in any court having cognizance of the same. 13. And be it enacted, That when so much of said road is completed as to make it a public convenience, 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. 14. And be it enacted, That as soon as the said railway, or any part thereof, is in operation, the president of the said company shall file, under oath or affirmation, a statement of the amount of the cost of the said railway, including equip ment, 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 of equipment, appendages and expenses of said road, and after the said railway 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 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 said railway, or any part thereof, shall be in operation, 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 the other taxes 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 governor, the chancellor, shall ride free the justices of the supreme court, and the judges of the court of errors and appeals of this state, whilst traveling for the purpose of discharging the duties of their offices, and the members and officers of both houses of the legislature of this state, shall pass and repass on the railway of said company free of charge during the year or years for which they were elected. money and secure the same by bond and mortgage. 16. And be it enacted, That the said corporation shall May borrow have power to borrow, after fifty per centum of the capital subscribed shall have been paid in, in cash, such sum or sums of money, from time to time, as shall be necessary to build, construct, or repair said road and furnish the said company with all necessary rails, buildings, cars, vehicles, and animals for the use and object of said corporation, and to secure the repayment thereof by bond and mortgage or otherwise, on the said road, land, franchises and appurtenances of or belonging to the said corporation, at a rate of interest not exceeding seven per centum per annum. road or con any other ' company. 17. And be it enacted, That it shall be lawful for the said May lease corporation, at any time during the continuance of its charter, solidate with to lease its road to or consolidate with any other company, and after such lease or consolidation, such company may use and operate said railroad according to the provisions and restrictions contained in the charter of such company, or the said corporation may make contracts and engagements with any other company or corporation, or with individuals, for operating said railroad, for transporting or conveying any kind of goods, produce, merchandise, freight or passengers, and to enforce the fulfillment of such contracts, and also to demand and receive for the transportation of all passengers and freight by them carried and transported over the road of any other company, the same rate of fare and tolls as the said company are entitled to demand and receive by virtue of this act, for transportatation and passage over their own road. with any other 18. And be it enacted, That the said company shall have May connect power to connect with any other railroad now or hereafter railroad. built and established by any other company incorporated by the legislature of the state of New Jersey, upon such terms and conditions as shall be agreed between them and not inconsistent with their respective charters. made void. 19. And be it enacted, That if at least one mile of the said Act, how railway be not completed and in use within five years from the fourth day of July next, then and in that case this act shall become void. 20. And be it enacted, That this act shall take effect immediately. Approved March 17, 1870. May build a dock or wharf. Proviso. Penalty for CHAPTER CCCXLIV. An Act to authorize the construction of a Wharf or Dock at Pennsgrove. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful for Joseph Guest, his heirs and assigns, to build, maintain and keep in repair, a dock or wharf, or to lease for a term of years to any person or persons, or to any incorporated company, for the purpose of building, maintaining and keeping in repair, a dock or wharf, upon and in front of his lands, in the township of Upper Penns Neck, in the county of Salem, extending the same a sufficient distance into the Delaware river for the accommodation of vessels navigating the same, and from time to time to rebuild and repair the same as may be necessary for the improvement of his property and the benefit of commerce, and to demand and receive wharfage therefor from all persons using the same; provided, that said dock or wharf shall not obstruct the navigation of said river. 2. And be it enacted, That if any person or persons shall Injury to dock wilfully destroy, or in any way injure the said dock or wharf, such person or persons shall be responsible therefor, said damages to be recovered in any court having jurisdiction. 3. And be it enacted, That this act shall take effect immediately. Approved March 17, 1870. CHAPTER CCCXLV. A Further Supplement to the act entitled "An Act to incorporate the town of Phillipsburg, in the township of Phillipsburg, in the county of Warren," approved March eighth, eighteen hundred and sixty-one. wards. 1. BE IT ENACTED by the Senate and General Assembly of Boundaries of the State of New Jersey, That the wards of said town shall be the same as the sections of the school districts of said town, as established by the act entitled "An Act respecting public schools in the town of Phillipsburg, Warren county," approved March ninth, eighteen hundred and sixty-nine, to wit the boundaries of section first of said district shall be the boundaries of the first ward of said town; of section second of said district shall be the boundaries of the second ward of said town; and of section third of said district shall be the boundaries of the third ward of said town. board of edu cation. 2. And be it enacted, That the board of education of the Election of town of Phillipsburg shall consist of three commissioners of public schools in and for each of the wards of said town, who shall be divided into classes as heretofore, and each of the wards of said town shall, at the annual charter election thereafter, elect one person as commissioner of public schools of said ward, who shall hold such office for the term of three years; provided however, that nothing herein contained shall Proviso. abridge or vacate the term of office of any member of the present board of education, and to effect which, at the first annual charter election hereafter, unless to fill a vacancy, but one commissioner shall be elected in each ward, and for the term of three years. 3. And be it enacted, That the common council may, and May borrow are hereby authorized to raise by loan, any sum not exceed- money. ing fifteen thousand dollars, for the purpose of constructing two fire engine houses, and expenses of streets and alleys. 4. And be it enacted, That the common council shall have the appointment of the police of said town. Appointment of police. 5. And be it enacted, That this act shall be a public act and go into effect immediately. Approved March 17, 1870. Preamble. Consent of CHAPTER CCCXLVI. An Act for the relief of the New York Tunnel Company. WHEREAS, the New York Tunnel Company is a corporation, chartered by the legislature of the state of New York, for the purpose of constructing a tunnel or tunnels, on the bed of the North river, between the states of New York and New Jersey; therefore, 1. BE IT ENACTED by the Senate and General Assembly of state given. the State of New Jersey, That the consent of this state be given to the said New York Tunnel Company to enter upon, and land the tunnels of said company at any point or points on said North river, in this state, that the New York Tunnel Company may deem practicable to select. Proceedings when owners 2. And be it enacted, That said company before they enter upon, occupy or possess any lands, streets, avenues, or places not consent. in this state for the landing of their tubes or tunnels, shall of land will Notice to be given of inten for commis first obtain the consent of any and all owners of property so entered upon, or taken for said purposes, and in case the consent of any owner of lands necessary to be used, and taken by said company, cannot be obtained, it shall be lawful for said company to apply to one of the justices of the supreme court, resident in the judicial district where said property is located, for the appointment of three commissioners, to estimate the damages accruing to any, and all persons, owning lands so taken, for the landing and operating said tunnel or tunnels. 3. And be it enacted, That notice of such application shall tion to apply be given by inserting in two newspapers, published in the county where such property is located, for a period of two weeks, a notice of the intention of said corporatien to apply for such appointment of commissioners, and of the time and place sioners. |