quantities to enable the said commissioners to arrive at a just conclusion in the matters submitted to them, and that the fees and expenses of such surveyor or surveyors shall be added to the costs of such improvement or section of an improvement, and assessed upon the property benefited by such improvement or section thereof.

street im

4. And be it enacted, That hereafter, whenever any street Sections of improvement in said city is contracted for by sections, com- provement asmissioners of assessments may be appointed by said council sessed, &c. on each section, and the costs of each section may be assessed upon the property benefited thereby, in proportion to the benefit received, as soon as such section is completed, notwithstanding the entire improvement may not be completed.

5. And be it enacted, That all assessments made by sec Assessments tions for any improvement in said city, which heretofore have declared legal been or hereafter may be confirmed by said council, shall

not for that reason be considered invalid or illegal, but shall be legal, valid and binding to all intents and purposes.

of assessments

6. And be it enacted, That in any case after the commis- Confirmation sioners of assessments have filed their report and assessment &c. map and notice thereof, and of the time and place when and where the council will meet to hear objections thereto as now required by law, at said day appointed for hearing the objections thereto, or at any time afterwards, the said council may confirm said assessment, or if they refuse to confirm the same they may return the same to said commissioners for correction in any particulars named by said council, and the said commissioners shall amend said report and map in the particulars named and report again to the council, and if said report and map be amended as directed, the council may thereafter, without any notice to any person, confirm said assessment.

painting com

7. And be it enacted, That the council may appoint com- Time of apmissioners of assessment on any improvement, or any sec-missioners. tion of an improvement, immediately after the contract therefor is awarded; provided, said commissioners shall not proviso. make their assessment or report to the council until the improvement or section thereof on which they are appointed is completed.

8. And be it enacted, That hereafter it shall not be lawful for poll tax dethe mayor and council of the city of Hoboken to cause to be clared unlawassessed any poll tax upon the inhabitants of said city of Ho

ful.

Salary of corporation at

torney.

Repealer.

boken, to raise money to pay the principal or interest on any volunteer bounty bonds issued by said "The Mayor and Council of the City of Hoboken;" and that the mayor and council shall cause the real and personal estate in said city of Hoboken to be assessed at the full and actual value thereof, at such rate per dollar as will be sufficient to produce the sum required to be raised for such purposes.

9. And be it enacted, That the ordinance of the mayor and council of the city of Hoboken, fixing the salary of the corporation attorney of the city of Hoboken, passed June twenty-ninth and approved June thirtieth, eighteen hundred and sixty-nine, shall take effect from the said thirtieth day of June, and that the said corporation attorney shall be entitled to receive the salary in said ordinance mentioned, from the said thirtieth day of June last past until the end of his official term.

10. And be it enacted, That all acts and parts of acts inconsistent with this act be, and the same are hereby repealed. 11. And be it enacted, That this act shall take effect immediately.

Approved February 23, 1870.

President

judge to receive trial tee

dictment.

CHAPTER CVII.

A Further Supplement to "An Act to facilitate Judicial Proceedings in the county of Hudson," approved March seventeenth, eighteen hundred and sixty-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the clerk of the Hudson county for every in court of general quarter sessions of the peace shall tax in the bill of costs the president judge's trial fee of two dollars, for the hearing and trial of every indictment or other cause in said court, and also for every other cause or complaint heard and tried in said court, when an indictment and jury are waived, pursuant to the sixth section of the act to which this act is a supplement, and that the additional or president

judge of the court of common pleas, quarter sessions and orphans' court, designated by said act to which this is a supplement, shall receive two dollars for every such hearing and trial, to be paid in quarterly payments, by the board of chosen freeholders for said county.

cause heard

counts of ex

2. And be it enacted, That the said additional or president Also for every judge shall, for the hearing and trial of every cause or pro- and tried, acceeding in the orphans' court, where there are adverse parties, ecutors, &c. receive the sum of two dollars, to be paid by the party liable for the costs in such cause or proceeding; and upon every hearing and decree, upon the presentation of any account by any executor, administrator, guardian, trustee, commissioner, auditor or other person required by law to present to said court an account for examination or allowance, the said president judge shall receive the sum of five dollars, to be paid by the person or persons presenting such account; and for every cause tried in the court of common pleas, one dollar; and for every appeal tried therein, fifty cents, to be included in the taxed costs.

3. And be it enacted, That this act shall take effect immediately.

Approved February 23, 1870.

CHAPTER CVIII.

An Act to Incorporate the Keyport and Oak Grove Turnpike

Company.

subscription

1. Be it enacted by the Senate and General Assembly of Commissionthe State of New Jersey, That all such persons as shall erste opo become subscribers to the capital stock hereinafter men- books. tioned, their successors and assigns, shall be, and are hereby ordained and constituted, and made a body politic and corporate, in fact and in law, by the name of "The Keyport and Oak Grove Turnpike Company," and that William L. Roberts, James M. Van Brakle, Thomas E. Van Brakle,

Amount of capital stock.

James L. Tilton, Joseph W. Walling, John W. Holmes and William S. Walling, or a majority of them, are hereby appointed commissioners to open the subscription books and receive subscriptions to the capital stock, at such time and places as they, or a majority of them, may direct, giving notice thereof at least twenty days prior to the opening of said books, by publishing the same in a paper published in the county of Monmouth.

2. And be it enacted, That the capital stock of said company shall be five thousand dcilars, with power to increase the same to ten thousand dollars, and shall be divided into shares of twenty-five dollars each; that at the time of subscribing to said stock, two dollars shall be paid upon each share subscribed for, to the said commissioners, or any of them, which money shall be paid over to the treasurer of the said company, as soon as one shall be appointed; that the residue of said stock shall be paid to the treasurer in such installments, and at such times and places as the board of directors of said company shall from time to time direct; Failure to pay that upon the failure of the payment thereof, as so directed, to work for the said board shall have power, after giving twenty days' personal notice of their intention so to do, to forfeit the shares of each and every person so failing to pay said installments, or any of them, to and for the use of the company.

justallments

feiture.

Directors,

chosen.

3. And be it enacted, That the affairs of said company when and how shall be managed by a board of seven directors, a majority of whom shall be a quorum for the transaction of business, but any less number may adjourn from time to time; that when one hundred shares of stock shall be subscribed for, the said commissioners, or a majority of them, shall call a meeting of the said stockholders, giving at least ten days' notice of the time and place of said meeting, in the newspaper aforesaid, at which meeting the subscription books. shall be laid before the stockholders, who shall thereupon. proceed to elect by ballot, seven directors, for the term of one year, a majority of whom shall be citizens of this state, of which election the said commissioners, or a majority of them, shall be judges; and that at the expiration of said term, and annually thereafter, upon like notice being given by the existing board of directors, the stockholders shall elect by ballot, seven directors, a majority of whom shall be citizens of this state; and the judge of such election shall be appointed by the president; and at every such election, and

Failure to

elect not

one vote, a vote may be given for each share of stock by the in all other cases, in which the stockholders shall be entitled to holder thereof, in person or by proxy; and in case it shall happen that an election of directors should not be made on dissolve. the day when pursuant to this act it ought to be made, 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 office until others shall have been chosen in their place.

4. And be it enacted, That as soon as may be, after the Powers of difirst, and subsequent annual election of directors, they shall rectors, elect from their number a president of said company, for the term of one year, and until another shall be elected, who shall receive such compensation as the board of directors may direct; he shall keep the seal of the company, and preside at all meetings of said board; and in case of his absence, the said board may appoint one of their number chairman, pro tempore; and the board of directors may fill any vacancy that may occur therein until the next annual election, and may exact from the president, treasurer, and other officers and agents of said company, such security, for the faithful performance of their respective trusts, as they may deem exedient; and special meetings of the said stockholders may be called by the president by giving ten days previous notice of the time and place of holding the same, and the object for which such meeting is called.

5. And be it enacted, That at the annual meeting of the stockholders, the board of directors for the preceding year shall exhibit to them a full and complete statement of the affairs of the company during their said term.

Annual state

ment.

6. And be it enacted, That it shall and may be lawful for May construct the said company to construct and make a turnpike road from turupike road. Keyport to Oak Grove, in the county of Monmouth, beginning in the turnpike road from Keyport to Freehold at the head of Brown's Point lane; thence along said road from Keyport to Oak Grove to the road leading from Morrisville to Matawan at James Van Brakle's corner; and the said company may, by their officers, agents, or other persons in their employ, enter from time to time, and at all times, upon all lands, to search for stone, gravel, sand or clay, for constructing and keeping up said road, doing no unnecessary damage to said lands; provided, said company, as soon as they shall construct Proviso. the said turnpike road, shall pay to the respective owners of