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Middlesex, for the time being shall receive and safely keep all offenders against any by-law or ordinance of the city of Perth Amboy as shall be committed to the jail of said county by any justice of the peace in the city for the time of his, her or their imprisonment as expressed in the warrant of commitment, and all expenses of keeping said offenders, in said jail, shall be borne and paid by the county of Middlesex.

38. And be it enacted, That if any person having been Penalty for an officer of the said city shall not within ten days after ing properhe shall have vacated or been removed from the office, and successor in upon application of his successor in office deliver over to him all the property, books, and papers belonging to the city or appertaining to such office in his possession, or under his control, he shall forfeit and pay to the city any sum not exceeding five hundred dollars, to be sued for and recovered with costs.

39. And be it enacted, That all actions to be brought Actions for. before any justice of the peace of the city for the recovery posed by

. of any penalty imposed by any ordinance that may be passed by said city council may be prosecuted in the name of the "treasurer of the city of Perth Amboy” without specifying the name of the treasurer of the said city for the time being, and no suit shall abate by reason of any change of the person holding such office.

40. And be it enacted, That all the duties and liabilities Duties and heretofore imposed on the inhabitants of the several town. inhabitants ships of this state, not inconsistent with this act, shall be sustained and performed by the inhabitants of the city of Perth Amboy; and all the rights and privileges heretofore conferred on the inhabitants of the several townships, so far as they are in conformity berewith, shall be held and possessed by the inhabitants of said city. And nothing in this act contained shall be construed to interfere with or impair the vested rights of any person or corporation, except as to property taken for public use upon compensation as provided for herein.

Former acts repealed.

41. And be it enacted, That all acts or parts of acts, in. consistent herewith, be, and the same are hereby repealed; this act shall take effect on and after the second Monday in April.

Approved March 8, 1859.

CHAPTER LV.

An Act to incorporate the Rahway Water Company.

Names of corporators.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Joseph T. Crowell, Thomas H. Shafer, Joseph S. Smith, Patrick Clark, and Samuel Williams, and their associates, and all other persons who shall become subscribers to the capital stock hereby created, and their successors in office, shall and they are hereby incorporated and made a body politic and corporate, in fact and in law, by the name of “The Rahway Water Com. pany."

2. And be it enacted, That the capital stock of said company shall be fifty thousand dollars, with liberty to increase the same to one hundred thousand dollars, which shall be divided into shares of twenty-five dollars each, and paid in by the stockholders at such times, in such manner, in such instalments, and upon such notice as the directors of said company, by their by-laws or otherwise may direct or appoint; and in case of the failure of any stockholder to

Amount of capital stock.

subscrip

pay his or her instalments at the time and place appointed for the payment thereof, or within thirty days thereafter, such stockholders shall incur a forfeiture of his or her share or shares, and of all previous payments thereon, for the use of the company; and such shares shall be deemed personal property, and be transferable in such manner as the said company, by their by-laws, may appoint; provided, Proviso. that notice in writing, or by advertisement, shall be given to each of the stockholders of the time when the shares are required to be paid in.

3. And be it enacted, That the above named persons, or a Commis. majority of them, shall be commissioners to open books receive and receive subscriptions to the capital stock of said com- tions. pany, at such time or times, and place or places, in the city of Rahway, as they, or a majority of them, may think proper, giving notice thereof at least ten days prior to the time for receiving subscriptions, by publishing the same in some newspaper published and circulated in said city; and that the said commissioners, or a majority of them, shall be authorized to declare what amount shall be paid on each share at the time of subscribing, and to appoint some suitable person from among them as treasurer, to receive the same; and as soon as one hundred shares of said stock shall be subscribed, shall give like publication for a meeting of the stockholders, to choose seven directors, a majority of whom shall reside within the limits of the city of Rahway, and shall form a quorum for transacting business, and who shall hold their offices for one year, and until others shall be elected.

4. And be it enacted, That the said election shall be cer- Subscriptified by the said commissioners, or a majority of them, and money who shall thereupon deliver over to said directors the sub livered to

directors. scription books and moneys paid in, first deducting the expenses of the said commissioners, at such time and place as shall be appointed by the said commissioners, or a majority of them, notice whereof shall be given to the said directors, and who shall be thereupon authorized to hold their first meeting.

tion books

Election of directors.

What real estate may be held.

5. And be it enacted, That the affairs of the company shall be managed by seven directors, to be chosen by the stock. holders annually, at such time and place in said city, in such manner, and upon such notice, as by the by-laws of said company may be directed, who shall serve for one year, and until others are chosen in their stead; and the said directors shall, from time to time, elect a president from their body, and shall also elect and employ such other officers as they may deem convenient and necessary, and make all by-laws, rules, and regulations as they may think proper, not inconsistent with the constitution or laws of this state or of the United States.

6. And be it enacted, That the said company shall have power to purchase, hold, and enjoy such real and personal estate as may be necessary for the object of this incorporation, or may be taken in payment of debts, and to construct, keep, and maintain such wells, reservoirs, aqueducts, pipes, water-works, fixtures, and apparatus as may be necessary or useful to supply the city of Rahway with good and wholesome water, in quantities sufficient for all the pur. poses wbich may conduce to the safety of said city, and to

the health and comfort of the citizens. Company

7. And be it enacted, That the said company be and they Contracts for are hereby authorized and empowered to make contracts

with persons and corporations for the supply, use, and preservation of water, and to erect, construct, and maintain all works necessary or convenient to the purposes of this act, and to lay down pipes and other conduits, beneath the streets, alleys, lanes, and other places in the city of Rahway and vicinity, free of all charge, and to place such hydrants and fire plugs as may be necessary, subject to such regulations as the said company may from time to time agree upon and adopt, the tapping of the mains and insertion and placing of all branch pipes to be under the sole control of the said company, by such persons as they may employ and appoint; provided, that the public travel upon the streets, lanes, and alleys shall at no time be unnecessarily affected or impeded in the laying or repairing of pipes, or

authorized to make

supply of water.

Proviso.

the erection and construction of fire plugs or hydrants or other necessary or proper work; and after the completion of any work, the streets, side or cross walks shall be left in as good condition as before the commencement of any such work; and no private lands shall be in any way injured or defaced without permission first obtained from the owner or owners thereof.

8. And be it enacted, That if any person shall wilfully do Penalty for or cause to be done, any act or acts whatsoever to injure works. any engines, machine, reservoir, pipe, fire plug, hydrant, or structure wbatsoever, or anything appertaining to the works of said company, or whereby the same may be obstructed, stopped, or injured, or shall wilfully and maliciously draw off or waste the water from any fire plug or hydrant, the person so offending shall be deemed guilty of a misdemeanor, and being thereof convicted shall be pun. ished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both; provided, such criminal prosecution shall not in any Proviso. wise impair the right of action for damages by a civil suit; and the said corporation are hereby authorized to bring an action and recover for damages by a civil suit for any such injury aforesaid, by and in the name of said corporation, in any court in this state having cognizance of the same.

9. And be it enacted, That if it should become necessary, Proceedings in the opinion of said directors, to lay pipes through any pany and private lands in said city, or if any private lands shall be not agree. required for erecting reservoirs or other works thereon, and no agreement can be made with the owner or owners thereof as to the amount of compensation to be paid for the laying said pipes through said or the piece of such lands, as the case may be, by reason of the unwillingness of said owners, or any of them, to accept such compensation or price as said directors may deem reasonable, or by reason of the absence or legal incapacity of said owners, or any

of them, it shall be the duty of either of the judges of the court of common pleas of the county of Middlesex, upon application to him by said directors, and after ten days'

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