JOSEPH RENT, ESQUIRE, GOVERNOR.

1827

buildings, the president and managers of said company, or
their agents, or those contracting with them for making or
repairing the same, may immediately take and use the same,
they having first caused the property wanted to be viewed by
a jury formed in the manner herein before prescribed,) in
those cases where the property is to be changed or altered by
admixture with other substances, before such alteration is
made, and that it shall not be accessary after such view, in
order to the use or occupation of the same to wait the issue of
the proceedings, upon such view; and the inquest of the jury,
after confirmation, and after payment or tender of the valua-
tion, shall be a bar to all actions for using or taking such pro-
perty, whether condemned before or after, such confirmation;
or the payment of said valuation.

CHAP. 170

SEC. 7. And be it enacted, That the said president and ma-
nagers, or a majority of them, shall have power, to purchase,
with the funds of said company, and place on any rail road
constructed by them under this act, all machines, wagons,
vehicles, or carriages of any description whatsoever, which
they may deem necessary or proper for the purposes of trans-.
portation on said road, aad they shall have power to charge

Machines, wagons
&c.

for tolls upon (and the transportation of person,) goods, pro-
duce, merchandise, or property of any kind whatsoever, trans-
ported by them along said rail road, any sum not exceeding
the following rates :. For the transportation of passengers three
cents per mile for each passenger., including all customary
baggage; on all goods, produce, merchandise, or property of
any description whatsoever, transported by them, not exceed-
ing one cent a ton per mile for toll, and: three cents a ton per
mile for transportation; and it shall not be lawful for any other
company, or any other person or persons whatsoever, to travel
upon, or use any of the roads of said company, or to
transport persons, merchandise, produce, or property of any
description whatsoever, along said road, or any of them, with
out the license or permission of the president and managers of
said company; and the said road, with all their, works, im-
provements and profits, and all the machinery of transportation;

Tolls.

used on said road, are hereby vested in said company, and
their successors forever; and the shares of the capital stock of
said company shall be deemed and considered pejsonal estate;
but all property except the road and the cairiages used there-
on, which may be held by said company, shall be subject to
taxation as the property of a like kind held, by citizens of this
state.

Exclusive right
voted.

SEC. 8 And be it enacted, That if at the end of two years
after the said road shall be completed from the beginning to
the end thereof, it shall appear from the average profits of the
said two years that the said income and profits thereof will
not bear a dividend of six per centum per annum on the whole
capital stock of the said company expended in the construc-
tion thereof, then it shall and may be lawful to and for the said
president and managers to. increase the toils hereinbefore al-
lowed, so much upon each and every allowance thereof a
26

Increase of toll
provided for