ease of a tie between candidates, they shall immediately notify the person or persons so appointed or chosen, and transmit a statement thereof to the clerk of said county.

elected.

6. And be it enacted, That the overseers of the highways Overseers of the shall be elected by the voters of the several road districts, as highways, how they may be arranged from time to time by the town committee; and for the purpose of carrying this provision into effect, it shall be the duty of the town committee to give public notice, as directed in the seventh section of this act, of the time, which shall be within five days after the town meeting, and of the place, which shall be some convenient place in the district, when and where the legal voters of the township residing in such district shall assemble for the purpose of such election, and at which time and place such legal voters, so assembled, having been called to order by any legal voter of the district, shall proceed viva voce, by holding up of hands, or by count, to elect a moderator of such meeting, by plurality of votes, and being so organized, the meeting shall proceed, as in the election of the moderator, to elect an overseer of the highway for the district, being a resident in said district; the moderator of each district meeting shall immediately thereafter notify the town committee, in writing, of the election of such overseer, which committee shall thereupon, in like manner, inform the person so chosen of his appointment; in case of the failure of any district to elect an overseer, or of the person so elected to accept the appointment, the town committee shall fill such vacancy, as in other cases; in case the town committee neglect to give the notice required for the district road meetings, the town committee next elected shall call a special district meeting for the election of such overseer, at a convenient time and place: the overseers of the highways shall account to and settle with the town committee, as now required to do by law.

7. And be it enacted, That the overseers of the poor and the school committee shall, at least ten days bofore the town meeting, prepare and lay before the town committee their annual reports, now required by law to be made to the town meeting; and the town committee shall prepare their annual report, and, at least five days before the town meeting, shall have copies thereof, and of the reports of the overseers of the poor and of the school committee, and a notice of the times and places of holding the district road meetings, as required by the sixth section of this act, to be posted up in three of the most public places in the township, and an intelligible abstract thereof to be published in a newspaper circulating in said township, and, in addition thereto, shall also cause a notice of the time and place of holding such district road meeting to be posted up in

Overseers of the poor to make annual report...

Reports to be filed.

Act, when to take effect.

some conspicuous place in such district, at least five days before the time of holding such meeting.

8. And be it enacted, That the reports of the town committee, the overseers of the poor, and the school committee, shall be filed and preserved by the town committee: in posting up the list of officers elected, as required by law, the clerk shall add thereto the results of the election; in other particulars, the first elections under this act shall be held at the place appointed at the last town meeting, and all special town meetings at the place of holding the last preceding annual town meeting; the same ballot box shall be used at the town meetings, and provided by the clerk, which is used at the state and county elections; the judge of election and clerk shall receive the same compensation for attending any town meeting as for attending a state or county election, and the town committee shall allow the clerk such compensation, for the additional duties required by this act, as they may deem reasonable.

9. And be it enacted, That this act shall take effect as soon as it becomes a law.

Approved, February 18, 1846.

Preamble.

AN ACT authorizing the administrators of Cornelius C. Cruser, deceased, to convey certain real estate.

WHEREAS it is represented, that Cornelius C. Cruser, late of the county of Middlesex, in the state of New Jersey, deceased, did, in his lifetime, enter into an agreement with Ezekiel Lutes, of the county of Mercer, in the state aforesaid, for the sale and conveyance of all his right, title, and interest in a certain lot of land, situate in the township of West Windsor, in the county of Mercer aforesaid, adjoining the lands of George T. Olmsted and others, containing twelve acres, more or less, whereof the said Ezekiel Lutes was possessed, and now is possessed, by the act of the said Cruser, in his lifetime; and whereas the said Ezekiel Lutes did, at the time of said agreement, and according to the terms thereof, pay to the said Cruser therefor the sum of six hundred dollars, and the said Cornelius C. Cruser departed this life without having made and executed a deed of conveyance for the said property; and whereas letters of

administration have been granted to Eleanor Cruser, widow of the said Cornelius C. Cruser, deceased, and to James Scudder, William V. Scudder, and the said Eleanor Cruser, widow and administratrix, and the said James Scudder and William V. Scudder, administrators, as aforesaid, have prayed for legislative aid in the premises-therefore,

authorized to

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Eleanor Cruser, administratrix, Administrators and James Scudder and William V. Scudder, administrators, make deed, &c. of Cornelius C. Cruser, deceased, are hereby authorized to make, execute, and deliver to the said Ezekiel Lutes a good and sufficient deed of conveyance of all the estate, right, title, and interest of the said Cornelius C. Cruser of, in, and to the aforesaid lot of land and premises, situate in the township of West Windsor, in the county of Mercer; which said deed shall be as valid and effectual as if the same had been duly executed by the said Cornelius C. Cruser, deceased, in his lifetime.

Approved, February 18, 1846.

AN ACT to incorporate the Delaware and Hanover Railroad
Company.

Style and gene

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Richard Jones, William Mc- Names of corpo Knight, and their associates, present and future, with their rators. successors and assigns, shall be, and are hereby made, ordained, and constituted a body corporate and politic, by the name of "the Delaware and Hanover Railroad Company;" ral powers. and, by that name, shall have continued succession, and shall have power to make and use a common scal, to sue and be sued, to plead and be impleaded, to purchase, hold, and convey lands and tenements, goods and chattels, and to do such other acts and things, possess and enjoy such other powers, privileges, and franchises, as are incident to a corporation and necessary for the purposes of this act.

2. And be it enacted, That it shall and may be lawful for Company to re the said company, and they are hereby invested with all the pair railroad. rights and powers proper or necessary to reconstruct, amend, and repair all that certain railroad, heretofore known as the

Proviso.

Rates of toll.

pital stock.

Delaware and Atlantic Railroad; to have, hold, use, and occu py the same; to make excavations; to erect and construct embankments and bridges, and all other necessary banks upon and along the route of said road, and the same to repair; to take up and alter, for the purpose of relaying, the timbers and rails of the said road; to sink timbers and lay rails; to level and grade the said road; to carry and transport persons and every species of property thereon; to construct or purchase, and to place thereon, all machines, engines, wagons, cars, or carriages for the transportation of passengers and property, at such rates and charges as the said company shall think reasonable and right; provided the said company shall not charge more than at the rate of three cents per ton per mile for the transportation of property, nor more than at the rate of three cents per mile for the carriage of each passenger in the carriages of said company.

3. And be it enacted, That it shall and may be lawful for the said company to charge and demand tolls and rates for the passage of all carriages, cars, engines, or vehicles belonging to other persons than the said company upon their said road, and to make regulations for the collection of the same; to regulate the time and manner of transporting persons and property; to regulate and determine the kind and description of engines, carriages, cars, and other vehicles that shall or may be used on said road; provided always, that the tolls charged by the said company for the passage of engines, carriages, cars, or vehicles not belonging to said company, shall not exceed the following rates: for a locomotive, eight cents per ton per mile; for an empty carriage or car, weighing one ton or under, two cents per mile; above one ton, and not exceed. ing two tons, three cents per mile; above two tons, six cents per mile; and the following tolls for passengers and freight carried in said carriages and cars, in addition to the tolls allowed to be charged for said carriages and cars, viz: three cents per cord per mile for wood; three cents per thousand feet per mile for lumber; three cents per ton per mile for every other species of property, and three cents per mile for every passenger, carried in said carriages and cars.

4. And be it enacted, That the capital stock of the said Amount of ca company shall be limited to the sum of thirty thousand dollars, and shall be divided into six hundred shares, of fifty dollars each; which stock the said company shall and may sell and dispose of at such time, to such person or persons, and in such amounts and numbers of shares, as the said company shall think necessary and expedient for effecting the purposes of this act: the said stock shall be deemed personal property, and

shall be transferable in such manner as the said company shall

by their by-laws direct.

5. And be it enacted, That on the first Monday in May Time of annual next, and on the first Monday in May annually thereafter, election. there shall be a meeting of the stockholders of said company, at which said annual meetings the stockholders then present shall elect as inany directors, to serve for the ensuing year and until others are chosen, as shall be fixed and determined by a majority of the stockholders then present; and in determining the number, as well as in electing the said directors, each share of the said capital stock shall entitle the holder thereof to one vote; of each annual meeting, at least thirty days' previous notice shall be given by the said company, by advertisement, stating the time and place thereof, published in one of the pubfic newspapers of the county of Burlington.

6. And be it enacted, That within twenty days after each Powers and duannual election, as aforesaid, the said directors shall choose ties of president. from their own body a president of the said company, who shall hold his office for one year and until another shall be chosen; 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; the president shall be the presiding officer at all meetings of the said directors, and have the casting vote when they shall be divided, shall have charge of the seal of the said company, and shall appoint the judge or judges of all elections by the stockholders; and in case of the absence of the president, the said directors, or a majority of them, may choose from their body a president pro tempore, who, for the time being, shall possess the same power and authority, and perform the same. duties herein prescribed.

7. And be it enacted, That a majority of the directors, with powers and de the president, shall be a quorum for business; and the said ties of director. directors, or a majority of them, shall have power to appoint a treasurer and all other oflicers, engineers, agents, superintendents, and servants that may be required to transact the business of the said company; to decide upon the description of engines, carriages, and cars to be used upon the said railroad, the weight to be carried in each carriage and car, the times of starting, and the rates of travelling; to regulate the tolls, to superintend and direct the receipts and disbursements, and other affairs of the said company, and to make and enforce such ordinances and by-laws as they may think expedient for regulating the transfers of stock and for the general government of the company, and the management of its affairs; pre

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