take oath. 14. And be it enacted, That every director, president, and officers to treasurer, and all such other officers as the said directors may appoint, shall, before he or they act as such, take an oath or affirmation for the true and faithful execution of his or their office. 15. And be it enacted, That the president and directors of Dividends. said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of the said water works; and the said corporation shall cause to be kept at their office proper books of account, in which shall be truly and fairly entered all the transactions of the company, which books shall be at all times open within the usual hours of business for the inspection of the stockholders. may borrow 16. And be it enacted, That the said company shall have Com power to borrow such sum or sums of money, from time money. to time, as shall be necessary to build, construct, lay down, or repair said water works, fixtures, pipes, and apparatus, and furnish said company with all necessary engines and machinery for the uses and objects of the said company, and to secure the payment thereof by bond and mortgage, or otherwise, on the said water works, engines, machinery, pipes and fixtures and appurtenances of or belonging to said company, at a rate of interest not exceeding seven per centum per annum; provided, that it shall not be lawful for Proviso. said company to plead any statute or statutes of this state against usury in any suit in law or equity instituted to enforce the payment of any bond or mortgage executed under this section. to draw in 17. And be it enacted, That the rents for the use of the Water rents water which said company may supply shall draw interest terest. at the rate of seven per centum per annum from the time they become due. occupants, each liable for rent. 18. And be it enacted, That the owner and occupier of Owners and any house, tenement, or lot shall each be liable for the payment of the price or rent fixed by the directors for the use of the water by such occupier, and such price or rent shall be a lien upon such house, tenement, or lot, and shall Contractors to give security. Materials for work, ex execution. City may purchase works. be collected by execution against the owner or occupier of such house, tenement, or lot issued upon judgment obtained for the amount of said price or rent due as aforesaid, in the name of said corporation, in any court of this state having cognizance thereof. 19. And be it enacted, That every person who shall enter into any contract with said directors for the supply of materials or the performance of any work or labor in and about the building, erection, or repairing of said water works or any part thereof, or any machinery therefor, shall give satisfactory security for the faithful performance of his contract, according to its terms, and no director shall be interested directly or indirectly in any contract relating to said work. 20. And be it enacted, That all materials procured, or partially procured, under contract with the directors, shall be exempt from execution, but it shall be the duty of the directors to pay the moneys due to such contractor for such materials to the judgment creditor of the contractor under whose execution such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached, and such payment shall be held as valid payment on the contract. 21. And be it enacted, That it shall be lawful for the city of Rahway, at any time after the erection and completion. of said water works, in its corporate capacity, to purchase from said company said water works, machinery, pipes, and fixtures, and all the appurtenances thereunto belonging, and all the right, title, and interest of said company of, in, and to the same, upon such terms and conditions as to time and payment as may be agreed upon by and between said city and said company, their lawfully authorized agents or attorneys. Approved March 8, 1859. CHAPTER LVI. A SUPPLEMENT to the charter of Trenton Monument Association, approved corporators. 1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That the name of the said incorporation shall be changed to and hereafter known as the "New Jersey Monument Association," and that A. O. Zabriskie and Edwin A. Stevens, of Hudson county; John P. Jackson and Archer Gifford, of Essex county; Benjamin Williamson and John J. Chetwood, of Union county; John Huyler and David Terhune, of Bergen county; Benjamin Buckley and Samuel Pope, of Passaic county; Henry A. Ford and Edward W. Whelpley, of Morris county; Daniel Haines and David Ryerson, of Sussex county; Caleb H. Valentine and Wm. P. Robeson, of Warren county; Alexander Wurts and John Runk, of Hunterdon county; George H. Brown and Wm. G. Steele, of Somerset county; Theodore Frelinghuysen and Littleton Kirkpatrick, of Middlesex county; Wm. A. Newell and Wm. H. Hendrickson, of Monmouth county; James W. Wall and John L. N. Stratton, of Burlington county; George F. Fort and Joel Haywood, of Ocean county; David B. Somers and George S. Woodhull, of Atlantic county; Abraham Browning and Albert W. Markley, of Camden county; T. Jones Yorke and Joseph S. Risley, of Salem county; Joseph Franklin and John R. Sickler, of Gloucester county; John T. Nixon and John L. Sharp, of Cumberland county; Downs Edmunds and Samuel S. Marcy, of Cape May county; and Richard S. Feld, Charles Chauncey Haven, Jacob R. Freese, Thomas S. Allison, Rodman M. Price, Joseph F. Randolph, William L. Dayton, Philemon Dickinson, Edward W. Scudder, Jas. B. Coleman, Thomas J. Stryker, Robert F. Stockton, Jr., and James S. Green, of Mercer county, be added to the surviving corporators named in said act, and that C. Objects of incorporation. Public act. C. Haven, J. R. Freese, and E. W. Scudder may call the first meeting of said association. 2. And be it enacted, That the object of this incorporation shall be the construction of a monument at Trenton, to commemorate the battles in New Jersey fought by the revolutionary army; and for that purpose that the corporation hereby authorized have all the powers set forth in the original bill, and also to receive from the treasurer under the original act all funds now in his hands, and appropriate them for the object named in this supplement. 3. And be it enacted, That this shall be considered a public act, and shall take effect immediately. Approved March 8, 1859. Officers to be elected by ballot. CHAPTER LVII. AN ACT to authorize the inhabitants of the township of Pittsgrove, in the county of Salem, to vote by ballot at their town meetings. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the inhabitants of the township of Pittsgrove, in the county of Salem, authorized by law to vote at their town meeting, are hereby authorized and required to elect by ballot, and not otherwise, at their annual town meetings, the following officers until otherwise required by law, whose qualifications shall be the same as are now or hereafter may be fixed by law, that is in said township: a township clerk, a judge of election, an assessor, a collector, two chosen freeholders, two surveyors of the highway, three commissioners of appeal, one or more overseers of the poor, as many overseers of the roads as there are road districts, a town committee consisting of five persons, a superintendent of common schools, as many justices of the peace as the respective townships may be constitutionally entitled to elect, one or more constables, one or more pound keepers, and all such other officers as the inhabitants of the said township now are or hereafter may be authorized to elect; and also upon the same ballot designate the place for holding the next town meeting. election. 2. And be it enacted, That the officers now authorized by omcers of law to receive and canvass the votes for justice of the peace, in the said township of Pittsgrove, shall be and are hereby authorized and required to receive and canvass, at the same time and in the same manner, the votes for the several township officers as aforesaid; and shall make a return of the result of the said vote to the clerk of the township, and publish a list thereof in the same manner as is now required by law; provided, however, that when no justice or Proviso. justices of the peace are to be elected, it shall be lawful for the officers aforesaid to open the polls at nine o'clock A. M. and close the same at three o'clock P. M. the same day. 3. And be it enacted, That this act shall take effect immediately. Approved March 8, 1859. |