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of paupers.

township to surplus revenue, not

division, and shall have full power to adjourn from time to time, and to such place as they may think proper; and their decision, or the decision of a majority of them, shall

be final and conclusive. Settlement 11. And be it enacted, That all paupers who may be

chargeable to the township of East Windsor, at the time this act goes into operation, shall thereafter be chargeable to and supported by that township within the bounds of which they have respectively acquired their legal settle

ment. Right of 12. And be it enacted, That nothing in this act contained

shall be construed to impair, or in any wise affect, the right impaired of said township of Washington in and to any portion of

the surplus revenue of the general government to which the said township may now, or at any time hereafter, be entitled in the distribution of said surplus revenue, nor to interfere with the officers now elected in that part of the said township of East Windsor now created in the township of Washington, nor with the commissions of the justices of the peace, nor commissioners to take the acknowledg

ments and proofs of deeds. Township to 13. And be it enacted, That the said township of Washthird assemington shall be included in and constitute a part of the third

assembly district of the county of Mercer.

14. And be it enacted, That this act shall not take effect take effect.

until the first day of March, eighteen hundred and sixty.

Approved March 15, 1859.

be part of

Act, when to

CHAPTER Cxxv.

A FURTHER SUPPLEMENT to an act entitled “ An act respecting the Inde

pendent Essex Brigade, and to better regulate and discipline the same.”

ed.

1. BE IT ENACTED by the Senate and General Assembly of Provisions the State of New Jersey, That the provisions of the act to act extendwhich this is a supplement, providing for regimental courts martial be and the same are hereby extended to independent battalions attached to the Newark brigade, and that such battalion courts shall be constituted in like manner and possess the like powers with said regimental courts martial and that the paymasters of such battalions shall respectively possess the like powers and perform the like functions in all respects as the regimental paymasters, whether in regard to the collections of fines or otherwise, and fines when imposed by said battalion courts martial shall be collectable by the like process and in the like manner directed and provided in and by the act to which this is a supplement.

2. And be it enacted, That for the purpose of any dis. Distribution tribution of moneys among the companies of said Newark brigade, the numerical strength of the respective companies shall be taken, and held not to be greater than such respective strength at the annual brigade inspection next preceding such distribution, provided that nothing herein contained shall be construed to prevent the brigade board of said brigade from requiring by affidavit or otherwise, such reasonable proof as to them may seem proper to ascertain the actual strength of such companies.

3. And be it enacted, That the second section of the sup- Part of plement, approved March fourth, eighteen hundred and repealed. fifty-eight, to the act to which this is a further supplement, be and the same is hereby repealed.

4. And be it enacted, That this act shall take effect imme. diately.

Approved March 15, 1859.

CHAPTER CXXVI.

An Act to incorporate the Flemington Water Company.

Names of corporators.

General powers.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Charles Bartles, John G. Reading, John L. Janeway, Alexander Wurts, Hugh Capner, Alexander V. Bonnell, and Bennet Vansyekel, and all other persons who may hereafter be associated with them in the manner hereinafter provided, and their successors shall be and are hereby constituted and declared to be a body politic and corporate, by the name and style of the Flemington Water Company, and by that name shall have continual succession, sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all manner of actions whatsoever; have a common seal, and make, change or alter the same at pleasure, and 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; that the stock of the said company shall be deemed personal property, and shall consist of five hundred shares of twenty dollars each; that the management of the concerns of the said corporation shall be entrusted to nine directors, being stockholders of said corporation, who shall be chosen every year at the annual meeting of the stockholders, which shall be held on the first Monday in May, at such hour and place in Flemington, in the county of Hunterdon, as said directors shall from time to time appoint, a notice of which election shall be published in a newspaper published at Flemington, for three successive weeks next before such election, at least once in each week; that all such elections shall be by ballot by the stockholders, in person or by proxy, under the inspection and direction of three stockholders, neither of them being a candidate at such election, appointed by the directors, each stockholder having a vote

Election of directors.

for each share of his or her stock, and the nine persons voted for at such election having the greater number of votes shall be directors of said corporation for the succeeding year, and until others are elected in their stead; that if any two or more persons shall have an equal number of votes, so that nine directors shall not be elected, the said stockholders shall again proceed in like manner to elect out of the persons so having an equal number of votes, so many as shall complete the number of nine directors, out of which number the said directors shall, by a plurality of their votes, elect one for their president; and in case of a vacancy in the office of any of the said directors, by death, resignation or otherwise, others shall be elected by said directors to fill such vacancy; and a majority of the said directors shall be a quorum for doing business.

2. And be it enacted, That the persons named in the pre- Comers to ceding section of this act shall be commissioners to procure seriptions. subscriptions for the stock of said corporation, and they, or a majority of them, may open books for that purpose at Flemington, at any time after the passage of this act, giving fifteen days' previous notice thereof in a newspaper published at Flemington, and five dollars on each share of stock subscribed for shall be paid at the time of subscribing therefor, and the balance to be paid by instalments from time to time, and in such sums as the said com. missioners or directors of said corporation shall think proper and direct, and not exceeding five dollars on each share at any one time; and whenever five hundred shares shall be subscribed, the said commissioners shall call a meeting of the stockholders within thirty days thereafter, by giving fifteen days' notice of the time and place, in Flemington, of such meeting, in a newspaper published in Flemington, for the purpose of electing directors and transacting other necessary or proper business; and when directors are elected, the said commissioners shall pay over to them the money they shall have received, first deducting therefrom a reasonable compensation for their own services and expenses; and all the powers of the said

Duties and

directors.

commissioners shall cease and be determined on the elec. tion of a board of directors; and the said directors, or a majority of them, shall have power and are authorized to call upon the said subscribers for the payment of further instalments, in such sums, at such times, and under such forfeiture as they may deem expedient, until the whole

amount of shares subscribed shall have been fully paid; Proviso. provided, the said instalments shall be at least thirty days

apart, and shall not be called for in larger sums than five dollars on each share at a time, and fifteen days' notice of each instalment required shall be given in a newspaper published in Flemington.

3. And be it enacted, That the directors shall be authorpowers of

ized, in their discretion, to appoint a secretary, treasurer, and other officers, agents, and servants, as they shall from time to time deem necessary for carrying into effect the objects and powers of said corporation, to establish rules, regulations and by-laws for and concerning the conduct and government of the directors, their officers, agents and servants, and to determine the compensation to which they shall be entitled, and to require such security from them for the faithful discharge of their respective duties as they shall deem reasonable and proper, and for and concerning the manner of making transfer of the stock; and the conduct and government of all persons and corporations with whom they may contract for the use and preservation of water furnished by the said corporation, and to restrain the waste thereof, and to impose penalties and forfeitures for a neglect and refusal to comply therewith, not exceeding fifty dollars, which penalties and forfeitures shall be recoverable in the name and for the use of the said corporation before any justice of the peace of the county of Hun.

terdon, with costs, in an action of debt. Proceedings 4. And be it enacted, That if it should become necessary, pany and in the opinion of the said directors, to lay pipes through

any private lands in said county of Hunterdon, or if any private lands shall be required for erecting reservoirs or other works thereon, and no agreement can be made with

in case com

owners cannot agree.

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