the county of Morris and the lands on each side thereof, not exceeding five hundred feet in width; and this act shall not authorize said company to take any streams of water in Morris county except the said stream leading from Franklin lake, as they may deem necessary for the purposes of supplying the citizens of Paterson and Hackensack in this state with water or the use thereof, as contemplated by this act, and power in and for the passage, and in the use and disposition thereof, but nothing in this act shall be construed to authorize the said company to take, use, or in any way interfere with the lands, works or water power of "The Society for establishing useful manufactures," or to take, use or divert any of the waters of the Passaic river above the Great Falls, or the waters of any stream or spring tributary thereto, without consent of said society; nor shall this act be construed to impair or interfere with the rights, franchises and privileges of the Acquackanonk Water Company; and provided further, that proviso. this act shall not authorize said company to take any streams of water in Bergen county except Franklin lake and the waters running to and from the same.

Installments

4. And be it enacted, That three directors shall constitute Payment of a quorum, who shall be competent to transact all business of the said corporation; the directors shall have power to call in the remainder of the stock subscribed for, by installments. of ten dollars each, upon thirty days' notice, published in a newspaper printed in Paterson; provided, that not less than proviso. thirty days shall intervene between the payments of the respective installments; they shall have power to forfeit shares upon which default shall be made in payment of any installment at the time it is directed to be paid, to and for the use of the company, and also to appoint and remove such officers and workmen, and fix the salaries of their officers, as to them shall seem proper, and annually to appoint inspectors of election for directors.

5. And be it enacted, That the president and directors of Powers of disaid company be, and they are hereby authorized and in-rectors. vested with all the rights and powers necessary and expedient to survey and lay out the site for one or more reservoirs, drains, ditches, conduits, aqueducts, pipes, fountains, water wheels, force pumps, and all other works and devices which they may deem necessary for supplying the city of Paterson, the village of Hackensack, or other place or places with water for extinguishing fires, culinary and other family uses, water

Proceedings

when compaers of proper

ny and

ty cannot agree.

ing the streets, and all such other purposes as may be required by the health, comfort, convenience or needs of the citizens of Paterson and Hackensack in this state; and it shall be lawful for the said president and directors, or others in their employ, to enter ac all times upon all lands or water in said counties, and survey, search, excavate and bore for water, and examine the quality thereof, and locate all and singular the reservoirs, drains, ditches, aqueducts, pipes, fountains, water wheels, force pumps and buildings, and all other necessary works and appendages thereto, doing no unnecessary damage to private or other property; and when said locations shall have been determined on, the president and directors shall cause a map to be made of all the lands (except streets now in use) which they require for the purposes aforesaid, and file the same in the office of the secretary of state, and then it shall be lawful for the said company, by its officers, agents, engineers, superintendents, contractors, workmen and other persons in their employ, to enter upon and take possession of, hold, have, use, occupy, excavate and erect reservoirs, water wheels, wheel houses, force pumps, and do all other things which shall be suitable or necessary for completing the works hereby contemplated, as is hereinafter provided for.

6. And be it enacted, That if the said company, or its agents, cannot agree with the owner or owners of such required lands or waters, for the use or purchase thereof, or if, by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, the said company shall give notice to the persons interested, if known and in this state, or if unknown or out of this state, by publication in one of the newspapers printed in Paterson, that they intend to make application to one of the justices of the supreme court of this state, or a judge of the circuit court for either of said counties, on a day and at a place to be named in said notice, and not less than twenty days from the publication thereof, for the appointment of three commissioners; and on the said day, and at the place named in said notice, the said justice or judge shall make said appointment of three commissioners, under his hand and seal; and it shall be the duty of said commissioners (having first taken an oath or affirmation before some person authorized to administer the same, faithfully and impartially to examine the matter in question, and make a true report according to the best of their skill and understanding), to meet at such time and place as they shall

designate, giving at least fifteen days' notice of their said
meeting, as hereinbefore directed, and on the day so appointed,
to proceed to view and examine said lands, and make a just
and equitable estimate of the value of the same, and assess
the damages which will accrue from erecting said work; and
the said commissioners shall report in writing to the parties
interested, the whole amount which the company must pay
each owner, stating in said report the metes and bounds of
the lands assessed, which said report the said company shall file
in the office of the clerk of the county wherein said lands so
taken are situate, to remain of record therein, and a copy
thereof, certified by the clerk of such county, shall at all
times be considered as plenary evidence of the right of said
company to have, hold, use, occupy, posses and enjoy the
land so described; and it shall be the duty of said company
to pay
the owner or owners the amount assessed as aforesaid;
or, in case the owner or owners refuse to receive the same, or
live out of the state, or are incapacitated by law to receive
the same, then said sum shall be paid and delivered to the
clerk of the county in which said lands taken are situate, to
be by him retained for such owner, and upon making payment
in either of the ways above stated the title of the premises
mentioned in said award, and so paid for, shall be vested in
said company.

in case of ap

7. And be it enacted, That if the said owners, or any of Proceedings them, are dissatisfied with the report of the commissioners peal." named in the preceding section, the said person so dissatisfied may appeal to the circuit court of the county in which said. lands lie, at its next term, whereupon the said court shall proceed to hear and determine the whole matter in the same manner as if such owner had summoned the said company to appear before them; and if the jury upon the trial of the cause shall find a greater sum than the commissioners have awarded, or the company offered in favor of the said owner or owners, then judgment thereon, with costs, shall be entered against the company, which shall constitute a lien upon the premises in question, which shall have priority over any other incumbrance which said company may have given; but if the said jury shall find the same or a less amount than the company shall have offered, or the said commissioners awarded, then the person appealing shall pay the costs in such manner as the court shall direct.

8. And be it enacted, That if any person or persons shall

&c.

Penalty for in- Wilfully do, or cause to be done, any act or acts whatever, Juring works, thereby to injure any reservoir, conduit, pipe, cock, machine or structure whatever, or anything appertaining to the works of said corporation, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be deemed guilty of a misdemeanor, and, being thereof convicted, shall be punished by fine not exceeding three hundred dollars, or imprisonment at hard labor not exceeding two years, or both; provided, such criminal prosecution shall not in any wise impair the rights of action for damages by a civil suit hereby authorized to be brought for any such injury, as aforesaid by and in the name of said corporation, in any court of this state having cognizance of the same.

Proviso.

Authorized to 9. And be it enacted, That said company be and they are lay pipes, &c. hereby fully authorized and empowered to lay their pipes be

Proviso.

May fix prices for water.

Limitation.

neath such public streets, roads, avenues and alleys as they may deem necessary for the purposes aforesaid, free of all charge to be made by any person or persons, or body politic whatever, for said privilege, and also such hydrants at the crossings or intersection of said streets, avenues or alleys; provided, that the said pipes shall be laid at least two feet below the surface of the same, and shall not in any wise unnecessarily obstruct or interfere with the public travel; and are also authorized and empowered to connect any of their pipes, conduits or other works with the pipes, conduits or other works of any other company, on such terms and at such times and places as may be agreed upon by said companies.

10. And be it enacted, That said company may sell and dispose of the water issuing from the reservoirs, aqueducts or pipes of said company, or the use thereof, for such purposes and for such price or prices, or quarterly, annually or other rents, under such restrictions and regulations as they may deem proper.

11. And be it enacted, That if the work of constructing said reservoirs and appendages, or pipes, shall not be commenced in good faith within three years from the date of the approval hereof, then this act shall be void.

12. And be it enacted, That this act shall take effect immediately, and continue in force for fifty years. Approved April 9, 1868.

CHAPTER CCCXCVII.

An Act to authorize certain towns in the counties of Somerset, Morris, Essex and Union to issue bonds and take stock in the Passaic Valley and Peapack Railroad Company.

ers to be ap

1. BE IT ENACTED by the Senate and General Assembly of Commissionthe State of New Jersey, That on the application in writing of pointed by the twelve or more freeholders, residents of any township in either court. of the counties of Somerset, Morris, Essex or Union, situate along the route of said railroad, it shall be the duty of the circuit court of the county wherein such township is situated, within ten days after receiving such application to appoint, under his hand and seal, not more than three freeholders, residents of such township, to be commissioners for such township to carry into effect the purposes and provisions of this act, who shall hold their offices respectively for the term of five years and until others shall be appointed.

ers authorized

money and

therefor.

2. And be it enacted, That it shall be lawful for said com- Commissionmissioners to borrow on the faith and credit of their respec- to borrow tive townships, such sum of money not exceeding ten per issue bonds centum of the valuation of the real estate and landed property of such township to be ascertained by the assessment rolls thereof respectively, for the year eighteen hundred and sixty-seven, for a term not exceeding twenty-five years, at a rate of interest not exceeding seven per centum per annum, payable semi-annually, and to execute bonds therefor, under their hands and seals respectively, the bonds so to be executed may be in such sums and payable at such times, and places, as the said commissioners and their successors may deem expedient; but no such debt shall be contracted or bonds issued by said commissioners, of or for either of said townships, until the written consent shall have been obtained of the majority of the tax payers of such township or their legal representatives, appearing upon the last assessment roll as shall represent a majority of the landed property of such township (including lands owned by non-residents) appearing upon the last assessment roll of such township, such consent shall state the amount of money authorized to be raised in such township, and that the same is to be invested in the stock of the said railroad company, and the signatures shall be proved by one