Act when to take effect.

Sec. 6. And be it enacted, That this act shall take effect immediately after the passage thereof.

Passed February 16, 1844.

Preamble.

ized to make deed, &c.

AN ACT to authorise Parcyrus Heitsman, administrator of George Heitsman, deceased, to fulfil a certain contract therein named.

WHEREAS, George Heitsman, late of the county of Warren, deceased, in his lifetime made verbal agreement with Samuel Plummer, of the county of Warren, to sell and convey to the said Samuel Plummer, a certain lot of land, situate in the township of Harmony, in the county of Warren, adjoining land of John Seffler and Margaret Heitsman, containing two acres and thirty-six hundredths of an acre of land;-And whereas, the said Samuel Plummer, was under and by virtue of said agreement, put in possession of the same, in the lifetime of the said George Heitsman, and paid to the said George Heitsman the purchase money of said land-And whereas, the said George Heitsman departed this life without having executed and delivered any deed for the same: THEREFORE

Sec. 1. BE IT ENACTED by the Council and General AsAdministra- sembly of this State, and it is hereby enacted by the authority tor author of the same, That Parcyrus Heitsman, administrator of the said George Heitsman, deceased, be, and he is hereby authorised to execute and deliver to the said Samuel Plummer or his assigns, a deed of conveyance for the tract of land above mentioned, and that the said conveyance shall have the same force and effect as a deed executed and delivered by the said George Heitsman in his lifetime would have had.

Passed February 16, 1844.

AN ACT to incorporate the Hudson and Ramapo Railroad Company.

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 James S. Wanmaker, Abraham Van Names of Horn, Wm. G. Hopper, James Crouter, John G. Ackerson, Corporaters. Jacob H. Hopper, Elijah Rosencants, Peter Van Emburgh, Garret Van Dien, George Voorhis, Garret Oldis, Isaac Vanderbeek, Garret Myers, David D. Demarest, Michael Fisher, Asa Wright, Abraham L. Van Boskerck, Garret Benson, and such other persons as may hereafter be associated with them, shall be, and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name of "The Hudson and Ramapo Railroad Com- Style of In pany," and by that name they and their successors and assigns corporation. shall be persons in law capable 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 at pleasure to alter, and they and their successors by the same name and style, shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattles, necessary or expedient to the objects of this corporation, and shall be clothed with all the rights, powers and privileges, pertaining to corporate bodies, and requisite for the purposes aforesaid.

Powers.

Sec. 2. And be it enacted. That the capital stock of said Amount of company shall be six hundred thousand dollars, and shall be capital stock. divided into shares of fifty dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct.

Sec. 3. And be it enacted, That the above named persons.

when and where to be

or a majority of them, shall open books to receive subscriptions Books for to the capital stock of the said corporation at such time or subscriptions times and place or places in the counties of Hudson and Bergen as they or a majority of them may think proper, giving opened. notice thereof, at least twenty days prior to the opening of said books, by publishing the same in the newspapers printed in Jersey city, and in a newspaper printed in the city of New York, and that the said books shall be kept open for three days at least, from ten o'clock in the forenoon until three o'clock in the afternoon, and as much longer as the said commissioners or a majority of them shall think proper, and if

Time and

tion of first

directors.

more subscriptions be taken than the amount of capital stock hereby authorized, it shall be the duty of the said commissioners or a majority of them, to apportion the stock among the subscribers in proportion to their subscriptions; but no apportionment shall be made of any subscription for five shares or less.

Sec. 4. And be it enacted, That at the time of subscribing for said stock, five dollars shall be paid to the above named persons, or some of them, upon each share subscribed for. mode of elec- which money shall be paid over to the treasurer of the company as soon as one shall be appointed, and when three hundred thousand dollars of the said capital stock shall be subscribed for, if the same shall be deemed necessary, or whenever the said capital stock shall be subscribed for, and the books closed and the apportionment made, 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 seven directors, a majority of whom shall be residents in this State, and such election shall be made by ballot, by such of the stockholders as shall attend for the 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, a majority of whom shall be residents of this State. 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 by 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 how supplied 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 bylaws of the said corporation shall provide.

Vacancy,

Corporation

not to be

Sec. 5. And be it enacted, That in case an election of dissolved for directors should not be made during the day, when by this act it ought to have been made, the said corporation shall not elect on day be deemed to be dissolved, but such election may be after

failure to

prescribed.

wards held according to law, on notice as aforesaid, and the directors for the time being shall continue in office until an election shall take place.

Powers and

Sec. 6. And be it enacted, That five directors of said corporation shall be a quorum to transact business; and they shall have power to call in the remainder of the capital stock duties of diby such instalments, not exceeding five dollars on each share rectors. at one time, and at such times as they may direct, and in case of the non-payment of such instalment, to forfeit the share or shares upon which such default shall arise; and shall have power to appoint a secretary, treasurer, engineers, agents, and such workmen as may be required to transact the business of the company, with such compensation to them and the presidents as the board shall deem proper, and to take from the treasurer sufficient security for the due performance of his trust; and further, to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper ;Provided, the same be not repugnant to the laws or constitution of this State or of the United States.

Route of

rail road.

lands, &a.

Sec. 7. And be it enacted, That the said company be, and they are hereby authorized and vested with all the rights and powers necessary and expedient to survey, lay out and construct a railroad from some suitable point or place on the New Jersey and New York State line, in the township of Franklin, between the Ramapo creek and the Mawway brook, thence through the county of Bergen, and village of Hackens sack, in said county, and so to continue through the county of Hudson, and to terminate at some suitable point or place on the Hudson river, between Bull's ferry and the southern boundary of the village of Hoboken, and to locate and form said rail- Directors &c. road, not exceeding sixty-six feet in width, with as many sets authorized t♦ of tracks and rails as they may deem necessary; and it shall enter upon be lawful for the said president and directors, their agents, engineers, and others in their employ, to enter upon all lands and waters for the purpose of exploring, surveying, levelling and laying out the route of such railroad, and of locating the same; and when the route and the location of said road shall have been determined upon, and a survey thereof deposited in the office of the Secretary of State, it shall then be lawful for said company, by its officers, engineers, agents, contractors and workmen to enter upon, take possession of, hold, use, occupy, and excavate any such lands, and to erect embankments, bridges, and all other necessary works thereon, and to lay rails and do all other things which may be suitable and necessary for the completion and repairs of the said railroad, and to carry into full effect the object of this act; and may also take and use any stone, gravel, sand, clay or other materials, (wood and

Proviso.

timber excepted) on or near the said route, which may be re quired for the construction of, repairing or altering the said road or any of the works or appendages, subject to such compensation to be made therefor as is hereinafter provided; Provided always, that the payment of all damages for the occupancy of lands through which the said railroad may be laid out and located be made by the company, either to the owner or into court, as hereinafter provided for, before they or any person under their direction or in their employ shall enter upon or break ground upon the premises excepting for the purpose of surveying and laying out said railroad, unless the consent of the owner or owners of such lands be first had and obtained in writing.

Sec. 8. And be it enacted, That when the said company or Proceedings its agents cannot agree with owner or owners of such required when compa- lands or materials, for the use or purchase thereof, or when, by ors of land reason of the legal incapacity or absence of such owner or cannot agree. owners, no such agreement can be made, a particular descrip

ny and own

tion of the land or materials so required for the use of the said company in the construction of the said road shall be given in writing under the oath or affirmation of some engineer or proper agent of the company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this State, who shall cause the said company to give notice thereof to the persons interested, if known and in this State, or, if unknown or out of this State, to make publication thereof, as he shall direct for any term not less than twenty days, and to assign a particular time and place for the appointment of commissioners hereinafter named; at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, commissioners to examine and appraise the said land or materials, and to assess the damages, upon such notice to be given to the persons interested, as shall be directed by the justice making such appointment, to be expressed therein, not less than twenty days; and it shall be the duty of the said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and make a true report according to the best of their skill and understanding, to meet at the time and place appointed, and proceed to view and examine the said lands or materials, and make a just and equitable estimate or appraisement of the value of the same, and assessment of damages, to be paid by the company for such land or materials and damages aforesaid, and to make