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Clerk of
Mercer to

transmit co
pies of part

of Act, &c., to ward clerks.

Common

Council to

licenses.

quired to do, and shall be vested with the same powers and authority, entitled to the same compensation, and perform the same duties, and be subject to the same penalties as the like officers of the township of this State are, or may be by law vested with, allowed, or subject to, and in case of the absence, death, incompetency, or refusal to serve of any of the said officers of elections, at any election provided for by this act, such vacancy or vacancies, shall be supplied in the manner prescribed by law for supplying such vacancies in the townships of this state and the clerks of the said wards respectively shall procure election boxes for the use of their wards in such manner and of such descriptions, as are required to he procured by the township clerks of this state, and be subject to the same penalties as township clerks are subject for neglecting to procure such boxes and keep them in repair.

Scc. 6. And be it enacted, That the clerk of the county of Mercer, shall transmit to the clerk of each of the said wards printed copies of the seventh and eleventh sections of the act mentioned in the fourth section of this act, together with a list of nominations, within the same time and in the same manner as he is or may be by law required, to transmit the same to township clerks, which ward clerks shall severally advertise the said elections, and put up such copies and lists of nominations in the manner in which the clerks of townships are required by law to advertise and put up the same.

Sec. 7. And be it enacted, That the said common council or a majority of them, in council assembled shall and may grant licences annually, under the common seal of said city, grant tavern to such and so many tavern keepers, victuallers and retailers of spirituous liquors as they may think necessary within the said city, on such terms and under such limitations, regulations and restrictions as the said common council shall by their ordinance impose, and no other license for such purpose, within the said city, granted by any other authority shall be lawful.

Part of for

mer sets

repealed.

Sec. 8. And be it enacted, That all acts and parts of acts repugnant to the provisions of this act, be and the same are hereby repealed, and that this act shall go into effect immediately upon the passage thereof.

Passed March 9, 1844.

Å`FURTHER SUPPLEMENT to the act entitled, "An Act securing to mechanics and others, payment for their labour and material, in erecting any house or other building within the limits therein mentioned," passed March 3, 1835.

Sec. 1. BE IT ENACTED by the Council and General As- Provisions of sembly of this State, and it is hereby enacted by the au- former act, thority of the same, That the act to which this is a supple- extended. ment shall be taken and considered as a public act, and the provisions thereof shall be in full force and effect within the limits of the town of Mount Holly, and for the space of one mile from the Court House in said town, in the township of Northampton, in the county of Burlington, and State of New Jersey; Provided always, that this supplement shall not go into effect until the first day of April next. Passed March, 7, 1844.

Proviso.

AN ACT to annex a part of the township of Franklin, in the county of Bergen, to the township of Washington, in said county.

Part of
Franklin an-

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That all that part of the township of Franklin, in the county of Bergen, lying east of the Saddle nexed to River Creek, in said township, be, and the same is hereby set Washington, off and annexed to the township of Washington, in said county.

Sec. 2. And be it enacted, That this act shall take effect, Act when to and go into operation from and immediately after its passage. take effect. Passed March 13, 1844.

porators.

AN ACT to incorporate the Morris, Sussex and Warren Rail
Road and Transportation Company.

Sec. 1. BE IT ENACTED by the Council and General As sembly of this State, and it is hereby enacted by the authority of the same, That Stephen Vail, William N. Wood, Namesof cor- Edwin Post, William Coventry, H. Waddell, Samuel R. Brooks, Elijah D. Scott, Frederick Canfield, Samuel F. Righter, Henry McFarlan, George Vail and John M. Losey, and such other persons as may hereafter be associated with them, and their successors be, and they are hereby ordained, Style of in- constituted, and declared to be a body politic and corporate, orporation. in fact, name and law, by the name of the "Morris, Sussex and Warren Rail Road and Transportation Company," and by that name they and their successors and assigns, shall and may have continual succession, and shall be capable in law, of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and shall have power to make and use a common seal, and the same to alter and renew at pleasure; and they and their successors, by the same name and style, shall be capable of purchasing, taking, holding and conveying any lands, tenements, goods and chattles whatsoever, necessary or expedient, to carry into effect the objects of this incorporation.

General pow

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Amount of capital stock.

Booka to be opened for subscription to capital stock.

Sec. 2. And be it enacted. That the capital stock of the said company shall be five hundred thousand dollars, with liberty to increase the same to two millions of dollars, and shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and shall be transferrable on the books of the said company, in such manner as the said corporation shall by their by-laws direct.

Sec. 3. And be it enacted, That the above named persons or a majority of them, shall open books to receive subscriptions to the capital stock of said corporation, at such time or times and places, as they or a majority of them may deem proper, giving notice thereof at least twenty days prior to the opening of said books, by publishing the same in one of the newspapers printed in Morris, Suesex and Warren counties, and also in a paper printed in New York; and that the said books shall be kept open as long as the said persons or a majority of them shall think proper; and if more subscriptions be taken than the amount of the capital stock, it shall be in the power of the said persons, or a majority of them, to apportion

the stock to the subscribers, as they may deem expedient and conducive to the object of the incorporation.

Time and

org.

Sec. 4. And be it enacted, That at the time of subscribing mode of elecfor said stock, five dollars shall be paid to the above named tion for direct persons, or some one of them, upon each share subscribed for, which money shall be paid over to the treasurer of the company, as soon as one shall be appointed; and when fifty thousand dollars of the stock is subscribed for, and the books closed and the apportionment made, if the same become necessary, it shall be the duty of the persons named in the first section of this act, or a majority of them, to call a meeting of the stockholders, upon like notice as above, to choose eleven directors; and such election shall be made by ballot, at the said time and place, by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of the capital stock entitling the holder thereof to one vote; and the said named persons or a majority of them, shall be inspectors of the first election of directors of the 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 that annually thereafter, upon like notice being given by the directors, for the time being, the stockholders shall, in the same manner, elect the same number of directors; and the time and place of holding the first meeting of directors, shall be fixed by the said persons named in the first section of this act, or a majority of them; and the directors chosen at any of the elections of said 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 or vacancies may be filled for the remainder of the year, wherein they may happen, 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 and functions as the by-laws of the said corporation shall provide.

Sec. 5. And be it enacted, That in case it should happen Corporation that an election of directors should not be made on the day not to be disə when, pursuant to this act, it ought to be made, the said cor- solved for poration shall not, for that canse, be deemed dissolved, but failure to such election may be held at any subsequent time, upon notice prescribed. elect on day given for that purpose; and the directors for the time being -shall continue to hold their office until new ones shall have been chosen in their places.

Sec. 6. And be it enacted, That seven directors of said corporation shall be a quorum of the board of directors, compe

Bowers and

duties of directors..

road.

Location.

may enter upon lands.

tent to transact all business of the said corporation, and they shall have power, giving notice thereof as aforesaid, 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 nonpayment of said instalments, or any one of them, to forfeit the share or shares on which such default shall arise, and to make and prescribe such by-laws, rules and regulations, touching the management and regulation of the stock, property, estate and effects of the said corporation and transaction of their business, as to them shall appear needful and proper, not repugnant to the laws of this State, or the United States; and also to appoint a secretary, treasurer, and such and so many clerks, agents and servants, as to them shall seem meet and proper, and to establish and fix such salaries or compensation for services to them, and also to the president, as to the board of directors shall appear proper; provided, that not over onetenth of the capital stock be required to be paid in at one instalment, and such instalments be not required at shorter periods than ninety days from each other.

Sec. 7. And be it enacted, That the president and directCompany authorized to ors of said company be and they are hereby authorized and construct rail invested with all the rights and powers necessary and expedient to survey, lay out and construct a rail road or lateral roads, commencing at some point at or near Morristown, and terminating at any point or place on the Delaware river, at or above Philipsburg, in the county of Warren, which rail road and branches shall be constructed not exceeding sixtysix feet wide, with as many sets of tracks and rails as they may deem necessary; and it shall be lawful for the said Directors, &c president and directors of said company, their agents, engineers, superintendents and others in their employ, at all times to enter upon all lands and waters, for the purpose of exploring, surveying, levelling and laying out the route or routes of such rail road or lateral roads, and of locating the same; and to do, make and erect all necessary works, buildings and appendages thereof, doing no unnecessary injury to private or other propety; and when the route or routes of such road or lateral roads shall have been determined on, and a survey of such route or routes, deposited in the office of the secretary of this state, then it shall be lawful for the said company, by its officers, engineers, agents, superintendents, contractors, workmen and other persons in their employ, to enter upon, take possession of, hold, use and occupy such lands and waters, and to excavate and erect embankments, build bridges, erect walls, lay rails, and do all other works necessary or suitable for the erection, completion and repair of said road or branches, and to enter into any lands

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