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النشر الإلكتروني

Mile-stones

to be erected.

Penalty for injuring works.

Penalty for taking illegal tolls.

15. And be it enacted, That before the said company shall receive toll for travelling said road, they shall cause milestones or posts to be erected and maintained, one for each and every mile on said road, and on each stone or post shall be fairly and legibly marked the distance said stone or post is from Moorestown, and shall cause to be fixed, and always kept up at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of toll which may be lawfully demanded, and also a board on which shall be printed in large letters, "Keep to the right as the law directs."

16. And be it enacted, That if any person shall wilfully break, throw down, or deface any of the mile-stones or posts so erected on the said road, or wilfully tear down or deface any of the printed rates of toll or directions, or shall cut, break down, or destroy, or otherwise injure any gates, turnpikes, or bridges that shall be erected pursuant to this act, or shall forcibly pass the same without having paid the legal toll at such gates or turnpikes, such person shall forfeit and pay the sum of twenty dollars, besides being subject to an action of damages for the same, to be recovered by the said company by action of debt or other proper action, in any court of competent jurisdiction, with costs of suit; and if any person, with his or her carriage, team, or horse, turn out of the said road to pass a gate or gates, on private grounds adjacent thereto, and again enter on the said road, with the intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay three times as much as the legal toll would have been for passing through said gate or gates, to be recovered by the said company, for the use thereof, in an action of debt, with costs of suit.

17. And be it enacted, That if any toll-gatherer shall unnecessarily delay or hinder any traveller passing at any of the gates and turnpikes, or shall demand and receive more toll than is by this act established, he shall, for every such offence, forfeit and pay the sum of twenty dollars, with costs of suit, to be prosecuted by, and recovered for the

sole use of the person so unreasonably hindered or defrauded.

obstructing

18. And be it enacted, That all the drivers of carriages, Penalty for sleighs, or sleds, of every kind and description, whether of passage. burthen or pleasure, or persons on horseback, using the said road, shall keep their horses, carriages, sleighs, or sleds on the right hand of said road in the passing direc tion, leaving the other side of the road free and clear for other carriages, or persons on horseback, to pass; and if any person shall offend against this provision, such person shall forfeit and pay the sum of ten dollars to any person who shall be obstructed in his or her passage, and will sue for the same, and shall also be subject to an action for damages for every such offence, to be recovered with costs of suit.

in case road

are not kept

19. And be it enacted, That if the said company shall not Proceedings keep the said road and bridges in repair, and complaint and bridges thereof shall be made by three respectable freeholders, in repair. residents in the county of Burlington, to any judge of the court of common pleas of the said county of Burlington, who may be disinterested, the said judge shall immediately appoint, by writing, under his hand and seal, three disinterested freeholders of said county, who shall view the said road, and report in writing, under their hands and seals, or under the hands and seals of any two of them, whether the said road so complained of be in such a state as the law requires it to be kept; and if the report be unfavorable to the said road, the said judge shall immediately, under his hand and seal, order the keeper of the said gate or turnpike to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge to open the said gate or turnpike, exact toll of travellers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who will prosecute for the same, in an action of debt, with costs of suit; and the judge shall be allowed for his services fifty cents, and the persons appointed one dollar each, to be paid by the company; and it shall be the duty of the persons so

Act, when to take effect.

appointed, or a majority of them, on application from said
company, again to view the said road, and report, as afore-
said, their opinion to the said judge, who shall, if author-
ized by the report of said persons, or any two of them, by
license, under his hand and seal, directed to the toll-
gatherer, permit the gates or turnpikes to be shut, and the
toll to be collected as before, and the said fees shall be
allowed and paid as before directed, but if, on the first
view, as before mentioned, the report of the persons ap-
pointed shall be in favor of the company, the same fees
shall be allowed as before prescribed, and paid by the
person making the complaint.

20. And be it enacted, That this act shall not take effect
until the public highways upon which the said turnpike
road is authorized to be located and made, or such parts
thereof as may be used for that purpose, are vacated as
public highways, according to law; and if the said road is
not commenced within three years, and completed as far
as Mount Laurel within five years, and from Mount Laurel
to the Crossroads, or some point between those places,
within ten years from the passage of this act, that then
and in case no part of said road shall be commenced and
completed within the times above specified, this act shall
be void; and the said corporation shall possess the several
powers, and be subject to the restrictions and liabilities
contained in the act entitled "An act concerning corpora-
tions," approved the fourteenth day of February, one thou-
sand eight hundred and forty-six, so far as the same are
applicable.

Approved March 23, 1859.

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CHAPTER CCII.

AN ACT to incorporate the West Hoboken and Hoboken Passenger
Railway Company.

corporators.

1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That Edwin A. Stevens, Edmund Charles, Cornelius V. Clickener, William H. Hemenover, Edwin R. V. Wright, George Groschell, John Hague and Richard M. Harrington, and such other persons as may be hereafter associated with them, their successors and assigns, be and they are hereby created a body corporate and politic, in fact and in name, by the name of "The West Hoboken and Hoboken Passenger Railway Company," and shall be capable of purchasing holding and conveying any lands, tenements, goods and chattels, whatsoever, necessary or expedient for the objects of this incorporation.

capital

2. And be it enacted, That the amount of the capital stock Amount of of said company shall be one hundred thousand dollars, stock. and shall be divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such manner, and limited to such number of shares to each subscriber, as the said corporation shall by their bylaws direct.

a Commis

sioners to

receive sub

scriptions.

3. And be it enacted, That the above named persons or majority of them shall be commissioners to open books to receive subscriptions to the capital stock of said corporation, at such time or times and place or places, as they or a majority of them may think proper, giving at least twenty days' notice of the same in some newspaper published in the city of Hoboken; and that at the time of subscribing ten per centum shall be paid for each share subscribed for to the commissioners, or some one of them; as soon as ten thousand dollars of the capital stock shall be subscribed, such commissioners shall give like notice of a meeting of the Election of stockholders to choose seven directors, a majority of whom

directors.

Corporation not dissolved for failure to

prescribed.

shall be residents of this state; and such election shall be made at the time and place appointed by such of the stockholders as shall attend for that purpose, either in person or by proxy, each share of stock entitling the holder thereof to one vote; and the above named persons, or a majority of them, shall be inspectors of the first election of directors of said corporation, and shall certify, under their hands, the names of those persons duly elected, and deliver over the subscription books to the said directors; and the time and place of holding the first meeting of the directors shall be fixed by the said persons named in the first section of this act, or by a majority of them; and the directors chosen at such meeting, and at the annual elections of such corporation, shall, as soon as may be after every election, choose out of their own number a president; and in case of the death, resignation or removal of the president or any director, such vacancy may be filled for the remainder of the term for which they were elected by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power as the by-laws of the corporation shall prescribe.

4. And be it enacted, That in case it shall happen that an election of directors shall not be made during the day when elect on day pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed to be dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their offices until others shall have been chosen in their places.

Payment of

5. And be it enacted, That five directors of said corporainstalments. tion shall be a quorum for the transaction of all business of said corporation, and shall have power to call in the capital stock of said company by such instalments and at such times as they may direct; and in case of the non-payment of said instalments, or any one of them, to forfeit the share or shares upon which such default shall arise, and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper touching the management

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