May enter upon lands

and they are hereby authorized to demand and receive such sum or sums of money, for the transportation of persons and property, as they may from time to time think reasonable; the land to be taken for each of said roads not to exceed one hundred feet in width, and where the same shall cross any public highway, the crossing shall be made and maintained in good repair, so as not unnecessarily to impede the travel, or interfere with the public convenience.

6. And be it enacted, That it shall be lawful for the said and lay rails. company, their officers, agents, engineers, superintendents and others in their employ, to enter at all times upon lands, for the purpose of surveying and laying out the route of the said railroads, and locating said drains, or any or either of them, and of subsequently altering the location thereof, doing no unnecessary damage to private property, and when any part of the location of such roads or drains, or any or either of them, shall have been determined on, and a survey deposited in the office of the clerk of the county in which such lands lie, the officers, engineers, agents, superintendents, contractors, workmen, and the persons in their employ, compensation being first made therefor in the manner hereinafter provided, may enter upon the possession of, and hold, use, occupy, and excavate any such lands or such parts thereof as may be necessary for the purposes aforesaid, and may erect embankments, viaducts, and all necessary works thereon, and may lay rails and do all other things which may be suitable and necessary for the making, completion or repair of said railroads, or any of them; and may lay, make or repair said drains from their said marl beds, and may carry into full effect the object of this act; and may take and use any stone, gravel, sand, clay or other earth on or near the said route, which may be required for the construction of, repairing or altering the said railroads or drains, or any of them, or any of their works or appendages, first making compensation therefor in the manner hereinafter provided.

How land and materials acquired.

7. And be it enacted, That if the said railroads or drains or any of them, shall cross any lands not owned by said company, or any materials shall be required for the construction thereof, and the said company shall fail to agree with the owner or owners thereof, or if, by reason of the legal incapacity, or absence of the owner or owners, or want of knowledge as to the ownership thereof, or from any other cause, no such agreement shall be made, a particular description of the land or materials so required, shall be given in writing, under

the oath or affirmation of some engineer or other agent of said company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the judges of the circuit court of the county where such lands or materials may be, and in case of the same being in two counties, to a judge of the circuit court of either county, who shall cause the said company to give notice thereof to the person or persons interested, if known and in the state, or if unknown or out of the state, to make publication thereof as he shall direct for any time not less than fifteen days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time and place, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three impartial and judicious freeholders, residents in this state, commissioners to examine and appraise the said land and materials required for said railroads, and assess the charges which will be occasioned thereby, or which may be occasioned as the case may be, by the laying and maintaining said drains, or any of them, upon such notice given to the person or persons interested, as shall be directed. by said judge; and it shall be the duty of said commissioners, or a majority of them, having first taken and subscribed an oath or affirmation faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding, to meet at a time and place to be appointed by said judge, in his said order of appointment, and upon such notice to the parties interested. as said judge shall direct in said order, and proceed to view and examine the said land and materials, as may be required. for the purpose of this act, and to make a just and equitable appraisement or estimate of the value of the same, and an assessment of damages which will be occasioned by laying and maintaining said railroads, or any of them; or, as the case may be, to make an assessment of the damages which will be occasioned by the laying and maintaining said drains, or any of them, and which said assessments shall be paid by the said company, and which said report shall be in writing, under the hands and seals of the said commissioners, or a majority of them, and filed with the aforesaid description of the land or materials, and the appraisement and oaths or affirmations aforesaid, in the clerk's office aforesaid, to remain of record therein; which report, or a copy of the same, duly

Directors may borrow money

certified by said clerk, shall (the appraisement and damages being first paid, or tendered, or deposited, in said clerk's office,) at all times be considered as plenary evidence of the right of said company to hold, use, occupy, possess and enjoy the said land or materials, or to make, maintain and repair the said drains.

8. And be it enacted, That it shall be lawful for the directors of said company, from time to time, to borrow such sums of money as may seem to them advisable, for the purposes of their said business, and to secure the same by a mortgage or mortgages on the lands, railroads and other property of said company.

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

Approved March 6, 1863.

Preamble.

Township

committee to

CHAPTER CXIV.

AN ACT to authorize the inhabitants of the township of Wayne, in the county of Passaic, to raise money by issuing bonds and for other purposes.

WHEREAS, the inhabitants of the said township being desirous that the call of the government for troops to support its authority and suppress rebellion should be filled with volunteers rather than with drafted men, did recommend and request the township committee of said township to offer bounties for that purpose; and whereas, the said township committee, acting upon said recommendation and request, has paid for bounties the sum of four thousand dollars; and whereas, it is deemed advisable that the indebtedness so created should be gradually paid off-therefore,

1. BE IT ENACTED by the Senate and General Assembly of issue bonds. the State of New Jersey, That it shall be lawful for the township committee of the township of Wayne, in the county of Passaic, to provide for the payment of the said indebtedness by issuing bonds in the name of "The inhabitants of the township of Wayne, in the county of Passaic," under the respective hands and seals of the said township committee, or three of them, for any amount of money not exceeding four

thousand dollars, in such sums, and payable at such time or times as the said township committee shall deem proper, bearing interest at a rate not exceeding seven per centum per annum, payable annually, and to pledge the property and credit of the said township for the payment of the same, which bonds it shall be lawful for the said township committee, and their successors, to sell and assign; provided, that no bond Proviso. shall be sold by the said township committee for less than its par value; and provided further, that the bonds so to be issued Proviso. shall be redeemable at a period of time not to exceed six years from the passage hereof.

by taxation

2. And be it enacted, That the township committee of the May provide said township of Wayne shall have power and authority to for payment. provide by taxation for the payment of the said bonds, and the interest thereon, and that the said township committee shall, yearly and every year, until the bonds to be issued by the authority hereof shall be redeemed and paid off, order and cause to be assessed and collected by tax, at the time and in the manner that other taxes in the said township are assessed and collected, a sum of money sufficient to pay the interest on the said bonds as the same shall become due and payable, and to pay and discharge the principal at the several times it shall become due and payable; and that the township collector of said township, or other person for that purpose appointed, shall, when such tax, or any part thereof, shall be collected, pay the same to the township committee of the said township, and all such moneys to be raised by virtue of this act, shall be inviolably applied by said township committee to pay the interest and principal of said bonds as the same shall become due and payable; provided, that not less than seven hundred Proviso. dollars, nor more than one thousand dollars of the principal of said bonds to be issued as aforesaid shall be made redeem

able in any one year.

ship commit

3. And be it enacted, That it shall be the duty of the said Duty of towntownship committee to apply the net proceeds of the bonds tee. that may be issued by virtue of this act to the payment and satisfaction of the debts and liabilities incurred in said township by the township committee thereof paying bounties to volunteers as aforesaid.

4. And be it enacted, That the debts and liabilities incurred Debt ratified. in said township of Wayne, in consequence of the payment of bounties to volunteers, as mentioned in the preamble hereto, and the action of the said committee thereupon, are hereby ratified and confirmed.

5. And be it enacted, That this act shall take effect imme

Marks and

CHAPTER CXV.

AN ACT in relation to the fraudulent sale or use of butts, hogsheads, barrels and casks used by the manufacturers of malt liquors and other persons.

1. BE IT ENACTED by the Senate and General Assembly of bounds may the State of New Jersey, That all persons engaged in the

be filed.

Not to be used or obliterated.

manufacture of malt liquors, or in selling the same in butts, hogsheads, barrels, half barrels, casks, half casks, or quarter casks, with their name or names, or other private mark or marks, branded, stamped or marked thereon, may file in the office of the secretary of state, or in the office of the clerk of the county in which the business of such manufacture is conducted, a description of the name or names used, or other private mark or marks stamped, marked or branded as aforesaid, and shall cause the same to be published for four weeks successively in a newspaper published in the county wherein said manufacture is conducted.

2. And be it enacted, That it shall be unlawful for any person or persons hereafter, without the written consent of the owner thereof, to fill, use, sell, dispose of, buy or trade or traffic in any such butts, hogsheads, barrels, half barrels, casks, half casks, or quarter casks, or other article so branded, stamped or marked, or from which such brands, stamps or marks have been cut off, defaced or obliterated, when the person or persons charged shall have known or had notice of such cutting, defacing or obliteration, or to cut off, deface or obliterate any such brand, stamp or mark from the same, and any person so offending shall be liable to the penalty of ten dollars for each and every butt, hogshead, barrel, half barrel, cask, half cask or quarter cask so branded, stamped or marked, and so filled, used, sold, disposed of, traded or trafficked in, for the first offence, and twenty dollars for every subsequent offence, to be recovered before any justice. of the peace or other magistrate as fines and penalties are