provement made or to be made, unless the same be applied for within sixty days after the confirmation of such assessment by the city council of said city.

14. And be it enacted, That where a lien for any street Lien for street improvement attaches to the real estate of any owner whose improvement. land extends not less than two hundred feet in depth, to and including the frontage on the adjacent street or avenue, such lien shall attach to the centre of the block only.

15. And be it enacted, That whenever, heretofore, or here- Majority reafter, a majority of the commissioners signing any report of terested comassessment were or shall be competent or disinterested, such missioners to report shall not be considered illegal in consequence of any disability on the part of the other commissioners.

be legal.

for removing

certain cases.

16. And be it enacted, That when by the opening, widen- Proceedings ing or alteration of any street or avenue in said city, any buildings in building shall extend upon the lines of any such street or avenue, not over one-third the width of the sidewalk, the common council may permit said building to remain unremoved for such time as they may think proper, and when such permit is granted, the commissioners appointed to assess damages to the owners of lands and real estate, taken for the opening, widening or alteration of such street or avenue, shall not assess damages to the owner of such building for the removal thereof; and when the common council orders such building to be removed, the same proceeding shall be taken for the assessment of damages to the owner thereof, as is required to be taken for the assessment of damages for lands taken for the opening of streets in said city; and the costs, damages and expenses of such removal shall be assessed upon the owners of lands intended to be benefited thereby, the same as in cases of street openings aforesaid.

est on assessments.

17. And be it enacted, That if any interest remains un- Unpaid interpaid on any assessment or assessments, for improvements for one month after the same is due, and payable, the city treasury shall be authorized to borrow the money necessary to pay such interest, and add the discount and interest on such loans to the principal sum due from those who were thus in arrears.

18. And be it enacted, That all acts and parts of acts in Repealer. consistent herewith, be and the same are hereby repealed, and that this act shall take effect immediately.

Approved March 17, 1870.

Names of corporaters.

Corporate

name.

CHAPTER CCCLXIV.

An Act to incorporate the East Newark Land Association.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Robert C. Bacot, Benjamin W. Burnet, John Boyd Headly and all and every other person or persons hereafter becoming members of the East Newark Land Association, in the manner hereinafter mentioned, their successors and assigns shall be and they are hereby created and made a body politic and corporate, by the name of The East Newark Land Association," and by that name shall and may have perpetual succession and be capable in law of purchasing, using, holding, letting, improving and disposing of such real and personal property only as may be necessary for the objects of this incorporation clearly indicated by this act; and may sue and be sued, plead and be impleaded, answer and be answered unto, defend and be deGeneral pow- fended in all courts of law and equity; and may receive and make all deeds, transfers, covenants, conveyances, grants, contracts, agreements and bargains whatsoever, necessary for the said purposes, and may have and use a common seal which they shall have power to renew or alter at pleasure; and generally may do every other act or thing necessary to carry into effect the provisions of this act and promote the objects and designs of said association, as authorized by this act; provided, that nothing herein contained shall authorize said association to hold more than five hundred acres of land at any one time.

ers.

Proviso.

subscriptions.

Commission- 2. And be it enacted, That said Robert C. Bacot, Benjaers to receive min W. Burnet and J. Boyd Headly may receive subscriptions, from time to time, to the capital stock of the said association in shares of one hundred dollars each, to any amount not exceeding ten thousand shares and every person who shall become entitled to one or more shares of the said stock shall thereupon become a member of the said association, and every person on being divested of all shares of the said stock by transfer or otherwise, shall thereupon cease to be a member of said association.

rectors.

3. And be it enacted, That when one thousand shares of Election of di said stock shall be subscribed, the members of the said association shall proceed to elect, after having given ten days' notice in one of the newspapers published in the cities of Newark and Jersey City of the time and place of such election, five directors who shall continue in office until the first Tuesday in November then next ensuing, and the members of the said company shall annually thereafter, on the first Tuesday in November, elect from the stockholders of said company, five directors to serve for the term of twelve months and until others shall be chosen, and the election of directors shall be conducted conformably to the laws of this state and the by-laws or regulations hereafter to be made by the board of directors of said association, and the directors so to be chosen shall have the sole management, direction and control of the property, affairs and concerns of said association, and the said directors shall elect one of their number to be the president of said association; and if any vacancy shall be occasioned in the board of directors by death, resignation or otherwise, the same shall be filled for the remainder of the term in which it may happen by such person or persons among the stockholders as the remainder of the directors may appoint; and in case it shall at any time happen that an election of directors shall not be made on the day when, pursuant to this act, it ought to have been made, the said corporation shall not for that reason or for any non-user be deemed dissolved, but it shall and may be lawful on any other day to hold an election of directors, as the by-laws shall provide, or the directors last elected, or a majority of them, shall authorize.

4. And be it enacted, That a majority of the directors of May make bythe said association shall form a board for the transaction of laws, &c. business and shall have full power to make by-laws, ordinances and regulations, and to appoint all officers and agents, as they may think proper, and fix their compensation; to declare the forfeiture of stock in case of non-payment of installments; to declare and provide for the payment of dividends to the stockholders; and, in general, to transact, plan and superintend the business and concerns of the said association; provided, such by-laws, ordinances and regulations Proviso. are not repugnant to the constitution or laws of the United States or of this state.

5. And be it enacted, That the said association be and it

improve lands

Empowered to is hereby empowered to improve all such lands as it is hereby authorized to own or purchase, by laying out the same into lots, streets, squares, lanes, alleys and other divisions; of leveling, raising and grading the same, or making thereon all such wharves, workshops, factories, warehouses, stores, dwellings, and such other buildings and improvements as may be found or deemed necessary, ornamental or convenient; and constructing on the lands of said association aqueducts and reservoirs, for conveying, collecting and providing pure and wholesome water, and letting, renting, leasing, mortgaging, selling or changing the same, or using any lot or other portion of any of the said lands for depots and for agricultural, mining or manufacturing purposes, and said association shall have power to purchase, fill up, occupy, possess and enjoy all land covered with water fronting and adjoining the lands that may be owned by them, and it may construct thereon wharves, harbors, piers and slips, and all other structures requisite or proper for commercial and shipping purposes; and all streets, avenues, lanes and alleys indicated on any map or maps of the land next hereinafter described, heretofore made by or for any owner or owners of said land, and not yet opened, worked and used as streets, avenues or alleys, shall be and are hereby vacated and extinguished; that is to say, on all that tract or parcel of land situate in the township of Harrison, in the county of Hudson, containing about one hundred and fifty acres, bounded on the north and east by lands of the New Jersey Railroad and Transportation Company; on the west by lands now, or late, of Hiram Gilbert, and on the south by the Passaic river; provided, that the said association, or any of its granters, shall not fill up any land, on any navigable water, below the line of mean high tide until said association shall have acquired the right so to do and paid therefor in the manner hereinafter provided; that is to say, the said association may acquire the right to fill in the lands in this proviso described, by a petition to the supreme court of this state, describing the land or lands intended to be filled in, and praying the appointment of three disinterested freeholders, citizens of this state, to appraise the value of the right, title and interest of this state in and to the said lan is under water described in such petition; and thereupon the said court shall appoint such commissioners, and the said commissioners, having first taken an oath before some justice of the said court to faithfully and impartially execute the

Proviso

duties of such appointment, shall appoint a time and place at which they will proceed to perform the duties of their appointment, of which time and place the said commissioners shall cause ten days' notice in writing to be given to the attorney general of this state and to the said association, and after having heard both parties, if they, or either of them, shall attend for that purpose, the said commissioners, or any two of them, shall make an appraisement and just valuation of the right, title and interest of the state in the lands under water, described in said petition, and make a report thereof to the said court, and when said report shall be confirmed by said court and ordered to be recorded in the record of judgments, the said association may pay to the treasurer of this state the value of said land shown by the said report, and upon such payment being made the treasurer shall give a receipt therefor to the said association, and said receipt, first being acknowledged or proved as deeds of conveyance of land are required to be acknowledged or proved, shall be filed and recorded in the office of the clerk of the supreme court with the said petition and the other proceedings had thereon; and thereupon the said association shall be invested with and seized in fee simple of all the right, title, interest and estate of the state of New Jersey of, in and to all the land under water, described in said petition, and hold the same forever thereafter free and clear of all rights and claims of this state in or to the same.

ferable.

6. And be it enacted, That the capital stock of said asso- Stock transciation shall be deemed personal property and transferable only on the books of said association in such manner as the by-laws shall direct, and any of the owners of the lands, by this act authorized to be purchased by the said association may take stock to the amount of the whole or any part of his, her or their interest therein.

7. And be it enacted, That this act shall take effect immedately.

Approved March 17, 1870.