act extended.

AN ACT to extend the charter of the State Bank at Elizabeth.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the act entitled, "An act to exTime of former tend the act incorporating the state banks in New Jersey, passed February nineteenth, in the year of our Lord one thousand eight hundred and twenty-nine, shall be, and hereby is continued and extended, so far as regards the president, directors, and company of the State Bank at Elizabeth, for aud during the term of seventeen years from and after the time by the said act limited for its continuance.

tors.

2. And be it enacted, That on the third Tuesday of OctoTime of annual ber, in every year, an election shall be held by the stockholdelection of direc ers of said bank, at their banking-house, between the hours of nine and twelve in the forenoon, to choose thirteen directors, who shall take their seats at the board on the second Monday of November following, and serve as such for the ensuing year and until others are elected to supply their places, unless disqualified.

acts repealed.

3. And be it enacted, That all sections and parts of sections Parts of former in said acts contained, inconsistent with the provisions of this act, shall be, and the same are hereby repealed. Approved, February 21, 1846.

Preamble.

AN ACT to make valid and binding a certain contract, entered into between the mayor and common council of the city of Newark, of the first part, and the president and directors of the Newark Aqueduct Company, of the second part.

WHEREAS the mayor and common council of the city of Newark and the president and directors of the Newark Aqueduct Company have entered into certain articles of agreement, for the purpose of furnishing a' full and adequate supply of water to extinguish fires in the city of Newark and for other purposes, in the said articles of agreement particularly specified, which said articles of agreement bear date the ninth day of December, in the year of our Lord eighteen hundred and forty-five; and whereas, it is doubted by the parties of the first part, whether the said "the president

and directors of the Newark Aqueduct Company, by virtue of their charter of incorporation, have the power to make and execute said agreement and contract; and whereas the parties to said agreement and contract have sought the aid of the legislature of this state in the premises-therefore,

made valid.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the said articles of agreement, Agreement made and executed on the ninth day of December, eighteen hundred and forty-five, between the mayor and common council of the city of Newark, of the first part, and the president and directors of the Newark Aqueduct Company, of the second part, be, and the same are hereby declared valid and binding between the parties thereto, from and after the date thereof, in every article, clause, and covenant therein contained and expressed; and further, it shall and may be lawful for the said the president and directors of the Newark Aqueduct Company, at any time hereafter, with the consent of the mayor and common council of the city of Newark, to add to, alter, or vary the terms of the said agreement in any particulars, matters, and things, or to make a new contract for the purposes in the present one declared and expressed; which said alterations, additions, or new contract, acknowledged, certified, and recorded as herein after mentioned and provided, or the record or certified copy thereof, shall be received in evidence, in the same manner, and with the same effect, as is herein after provided for the original contract.

2. And be it enacted, That either of the parties to said Agreement to agreement, may cause the same to be recorded in the clerk's be recorded. office of the county of Essex, in any book provided by law for the recording of deeds in said county; and the clerk of said county is hereby authorized and required, upon the payment of the same fees as are prescribed by law for recording deeds, to record the said agreement, when produced to him for that purpose; provided the same be first acknowledged or proved, Proviso. and certified to be acknowledged or proved, in the manner prescribed by the act entitled, "An act respecting conveyances," passed on the seventh day of June, seventeen hundred and ninety-nine; and the articles of agreement so acknowledged, or proved and certified as aforesaid, or the record aforesaid, or a transcript of such record, certified to be a true transcript by the clerk of the county of Essex for the time being, shall be received in evidence in all courts of this state, and in all places where necessary for evidence, and with the same effect as if the original articles of agreement were then and there produced and proved.

3. And be it enacted, That nothing contained in this act of in the said articles of agreement shall be construed to impair or

E

mon council not

Rights of com- affect the legislative capacities or powers vested in the common council of the city of Newark, under "An act to incorporate the city of Newark," or the supplements thereto.

affected.

lic act.

4. And be it enacted, That this act shall be deemed and Act to be a pub- taken to be a public act, and as such shall be recognized and taken notice of by all persons and courts of justice, whatsoever, within this state; and that the same shall take effect immediately.

Approved, February 24, 1846.

Preamble.

T. Hunt autho

AN ACT to authorize Thomas Hunt to maintain and keep in repair a dock or wharf in front of his land in the township of Shrewsbury, in the county of Monmouth.

WHEREAS Thomas Hunt has built, or caused to be built, a dock or wharf upon and in front of his lands in the township of Shrewsbury, in the county of Monmouth, and extending a sufficient distance into the North Shrewsbury river, for the accommodation of vessels navigating the same; and whereas, since the erection of said dock or wharf, the aforesaid Thomas Hunt has learned that he has no legal right to extend the aforesaid dock or wharf into the river-therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful for Thomas Hunt, his heirs and assigns, to maintain and keep in rized to main repair the dock or wharf he, the said Thomas Hunt, has built tain dock, &c. upon and in front of his lands in the township of Shrewsbury, in the county of Monmouth, and from time to time to rebuild and repair the same, and to lay vessels at said dock or wharf, and receive dockage and wharfage therefor, from all persons using the same; provided, that this act shall not affect the legal rights of any persons whatever; and provided also, that the rates of such dockage and wharfage shall not be higher than those charged in the city of New York.

Penalty for injuring dock.

2. And be it enacted, That if any person or persons shall destroy, or in any way injure the said dock or wharf, such person or persons shall be responsible, and shall make good all

amage which the owners may sustain, recoverable by action

of trespass, in any court having jurisdiction of the same.

3. And be it enacted, That this act shall take effect immedi- Act, when to

ately.

Approved, February 24, 1846.

take effect.

AN ACT to authorize Jeremiah Stull to construct a dam across the Great Egg Harbour river, at May's Landing, in the county of Atlantic.

struct a dam.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful J. Stull authorfor Jeremiah Stull, his heirs or assigns, to construct a mill-dam ized to conacross the Great Egg Harbour river, at the most convenient point, not more than three hundred yards above the bridge known as Hamilton bridge, at May's Landing, in the county of Atlantic, and adjoining the bank of lands of Nicholas Rape on the westerly side, and the bank of lands of Abraham L. Iszard and others on the easterly side of said river, for the purpose of creating a water-power for the benefit of such mill or mills, or other water works, for manufacturing or other purposes, as shall be hereafter erected by the said Jeremiah Stull, his heirs or assigns, or by any other person or persons, or bodies corporate, to whom he or they may hereafter let, sell, or lease any water-power, right, or privilege, and for ever hereafter use the same for the purposes aforesaid; and the same to repair, maintain and uphold, upon condition that the said Jeremiah Stull shall form, build, and complete suitable gates and shute, at least sixteen feet wide, in said dam, at the most advantageous place in said river, so that boats and rafts of the usual size floated down said river may pass through the same with ease and safety; and it shall be lawful for any person floating boats or rafts down said river to pass through said gates at any time, except during the night; but the said dam and works shall not be constructed until the timber on the ground, to be covered by the water of the dam, shall be cut off and removed, so as to offer no obstruction to the navigation, the owner or owners of the timber being entitled to the same, if removed by him or them, or at his or their expense; but upon his or their refusal to remove the same, or pay the expense thereof, the

obtained.

same shall be wholly at the disposal of the said Jeremiah Stull, his heirs or assigns; and further, if it becomes necessary hereafter for the better navigation of the said river, that a lock should be placed in said dam for the passage of vessels or boats, the said Jeremiah Stull, his heirs or assigns, shall offer no obstruction to the building of said lock, by any person who may be willing to complete the same.

2. And be it enacted, That the said Jeremiah Stull, his Consent of own heirs or assigns, shall not commence the building of said dam ers of land to be across said river, in whole or in part, at the place in the said preceding section mentioned, until he, the said Jeremiah Stull, shall obtain the consent in writing of such persons whose lands may be touched or flooded by the contemplated works of the said Jeremiah Stull, and until the said writing shall be duly acknowledged by the said persons from whom the same may be obtained, and recorded in the clerk's office of the county of Atlantic.

3. And be it enacted, That after the building of said dam, Dam to be kept gates, and shute, the said Jeremiah Stull, his heirs or assigns,

in repair, &c.

as long as the same is made use of for the purposes aforesaid, shall maintain, uphold, and support the said dam, gates, and shute, and if occasion shall require, rebuild the same, and at all times hereafter keep the said dam, gates, and shute in good and sufficient repair.

4. And be it enacted, That if any person or persons shall Penalty for in- wilfully injure said dam, gates, or shute, or other improve

juring works.

Time for com

ments built or made for the support thereof, or shall wilfully, negligently, or unnecessarily leave open any gate or aperture whereby a waste of water is occasioned, with an intent as aforesaid to injure the said Jeremiah Stull, his heirs or assigns, or either of them, he, she, or they so offending shall be liable to be indicted, and on conviction thereof, be fined, at the discretion of the court, in any sum not exceeding one hundred dollars, and shall also be liable to damages in an action of trespass, at the suit of the party injured.

5. And be it enacted, That if the mill-dam, gates, and shute contemplated by this act shall not be commenced within two pletion of works years after the passage of this act, or shall not be completed within three years, this act shall be void; and that the legislature. may at any time hereafter alter, modify, or repeal the same, whenever in their opinion the public good requires it.

Approved, March 4, 1846.