The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01
cHAprER CcLxxv

CHAPTER CCLxxv.
supplement to an act entitled Gan act for the
taxation of railroad and canal property, ap-
proved April tenth, one thousand eight hur-
dred and eghty-four.
Whereas, By the provisions of their several char
ters or OF the act entitled Gan act respecting
railroads and canals" Revision approved
March twenty-seventh one thousand eight hnn-
dred and seventy -four. many railroad and canal
corporations were and required to paw an
annual tax of one-half per centum per annum
upon the cost of their several railroads and
canals, ana also IN many cases upon the cost of
the equipment and appendages of their several
roads and canals, which cost was required TO
be reported under oath by an officer or officers
or SAID several railroads and canals and
whereas there Is good reason to believe that
the cost of the said railroads. canals. equipment
and appendages have not been fully or cor
rectIy stated in the said reports and that there
by the payment of large amounts of the annual
taxes due and payable by such corporations has
been evaded therefore,
]. Be it enacted by the Senate and General Az
Senlbly of the State of New Jersey That the stsfe
board of assessors be and they are hereby anthor-
lied and directed to examine and ascertain the
correctness or lncorrectness of any or all of The
reports heretofore made by any or all of the rail-
road and canal corporations created by this state
or by the vendee, lessee or lessees of any such
corporation, and which reports have been made
TO any ofcer or officers of this state pursuant to
any provision contained in any law passed or
any charter granted by the legislature of this
state; and that for the purpose of makiq = sch
anu AScefIalHnlenC Said
board may employ such accountants, engiffeers
and experts as they may deem necessary and
sucn accountants, engineers and experts shall
receive snch compensation as may be approved
by the governor and comptroller of the stale
2. And be it enacted, That the said board and
the accountants employed as aforesaid be and they
are hereby authorized and empowered to have free
access during ordinary business hours to- and To
examine all books reports acquisitions engiueers'
estimates and other papers of any railroad or
canal corporation created by the laws of this state
or by any charter granted by the state and re-
quired by law or its charter to make such reports
as aforesaid or of any vendee lessee or lesses of
such corporation, which contain entries or other
information respecting the cost of the construc-
ton or maintenance of the railroad or canal
equipment and appendages operated by such cor
poration. and TO make such copies and extracts
therefrom as the said board shall deem necessary
to determine the correctness of said reports ; and
each and every such corporation is hereby re-
CURED 70 permit such aeceSS and examination as
aforesaid, upon the written demand of the presi-
dent of said board for the same, served upon the
president or in his absence, upon the secretary
OF Such corporation, vendee, lessee or lessees and
IN case any such corporation, vendee, lessee OF
Assees shall neglect or refuse to permit such &C
cess and examination for the space of ten days
after services OF such demand as aforesaid, at the
request OF said board, the encouragement shall
apply to the court of chancery by petition setting
forth sach demand and neglect or refusal, and
upon proof thereof made before the chancellor
ca. i've DAYS notice 70 such corporation, to be
served as the chancellor may direct, the said
chancellor may in his discretion issue the states
writ OF Injunction TO restrain such corporation,
yendee, lessee lessees from the exercise of any
franchise or the transaction Of any business in
this state until such corporation, vendee, lessee
or lessees shall have complied with such demand
and shall have paid the costs of such application,
in which shall be included suitable allowance
to the attorney general for hts services in such
proceeding to be fixed by the chancellor
8. And be it enacted, That ii. upon such exami-
nation and ascerteinment as aforesaid said board
shall have reason to believe that in of the
said reports The cost of any railroad canal, or
OF the equipment and APPENDICES thereof, have
been incorrectly stated at less sum than the true
cost thereof, they shall report to the attorney
general and he shall present petition in the
name of the state of New Jersey, to justice of
the supreme court, setting forth the errors in any
report or reports made by any railroad or canal
corporation, and praying that the said justice may
reform and correct the same and all errors in all
the reports lna&Aaby any corporation may be en-
hraced in one petition and proceeding and it
shall be the duty of the said justice TO hear and
decide the said application, upon dispositions or
upon evidence taken by himself, and he may CON-
pei the attendance of witnesses, and the pro-
duetion of all books, Deeds reports, contracts,
engineers estimates and other papers of the rail-
road or canal corporation making the report or
reports in question, defendant in the proceeding,
which contain entries or information respecting
the cost OF construction or maintenance of the
railroad or canal, equipment, and appendages in
question in the proceeding, before supreme
court commissioner or himself and punish such
witnesses or the officers of such corporations as
for contempt upon their failure to appear or
to produce the said books and papers; and the
said justice shall, upon such proofs, reform the
said report or reports If the cost stated therein be
less than the true cost of the said railroad or
canal, or of the equipment and appendages there
OF, and shall ascertain and determine the amount
of tax due and payable from the defendant corpO-
ration by of such errors in said report
ports together with interest thereon at the rate of
six per centum per annum from the time Of max
ing such erroneous report and shall also ascertain
and allow the reasonable expenses incurred by
the state in the proceeding, and reasonable COM
pensaton to the attorney general or his assistants
acting Therein, for his or their services therein,
which shall be paid by the defendant corporation,
and shall certify his reformation, ascertainment
aud determination aforesaid under his hand to
the state comptroller who shall file the same in
his Office; and the said justice shall contsol and
regulate the proceedings upon each petition SO
that he can decide the same within ninety days
after the presentation thereof unless he shall ex
tend the time by certificate under his hand stat
ing the time for such extension and the reasons
therefor, and upon the completion of the proceed
ings the petition proceedings and proofs shall be
Gled in the office of the state comptroller pro-
yided, that in ascertaining whether any company
is indebted to the state for taxes under the inves
ngation herein provided for, the company shall
be allowed for oyer-payments of taxes in any one
or more years Qf any such there be) in deteyplin-
ing the amount due the state.
4. And be it enacted, That whenever any cor
said shall fail to pay the amount OF tax and
interest, expenses and allowance certified as
aforesaid by the said justice to the said comp
troller for ten days after the filing of such eerti
cate ia the comptroler's office it shall be the
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