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2. And be it enacted, That it shall and may be lawful for be con. the said company, when a branch or lateral road to Dover tinued to Stan- shall be completed, to continue the same to Stanhope; and, for hope.

the purpose of carrying into effect the objects of this act and of the aforesaid supplement, the said company are hereby invested with all the rights, powers, and privileges given and granted by their original act of incorporation, and the several supplements thereto, and subjected to the several restrictions contained in said acts.

3. And be it enacted, That the legislature may alter or amend Act may be this act, whenever the public good requires it, and that the amepded.

same shall not be so construed as in any wise to affect or impair the right or interest of any person or persons claiming to be creditors of said company, nor in any wise to prejudice said company in relation to any such claim.

4. And be it enacted, That this supplement shall be taken To be a public

and deemed a public act, and shall take effect immediately.

Approved, February 25, 1846.

art.

An Act to incorporate the American Mutual Fire Insurance

Company at Plainfield.

1. Be it ENACTED by the Senate and General Assembly of the State of New Jersey, That Elias Kirkpatrick, Elisha Řun

yon, Madison Terrell, James C. Ayres, Isaac Titus, John Names of cor- yon, Nadison Terrell, J porators. Smalley, and others, their associates and successors, are

hereby constituted and declared to be a body corporate and polStyle and gene. itic, by the name of “the American Mutual Fire Insurance ral powers. Company at Plainfield;" and, by that name, they and their

successors shall and may have succession during the continuance of this act, and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all manner of actions, suits, complaints, matters, and causes whatever; and they and their successors may have a common seal, and may alter and change the same at pleasure; and also, they and their successors, by the name of the American Mutual Fire Insurance Company at Plainfield, shall be in law capable of purchasing, holding, and conveying any estate, real and per. sonal, for the uses of the said corporation; provided the said estate which it shall be lawful for the said corporation to hold,

Persons ensur

be only such as is necessary for the corporation, in the transaction of the business thereof, or such as shall be taken as security for the payment of debts; nor shall the yearly income of such real estate exceed three thousand dollars.

2. And be it enacted, That all persons who shall ensure in me or with said company, shall be members of said corporation; ing to be memand the property and concerns of the said corporation shall bers. be conducted and managed by nine directors, (all of whom shall be citizens of this state, and shall not hold a likc office or agency in any other ensurance company) to be chosen by ballot, by and from among the members, and shall hold their office for one year and until others are chosen.

3. And be it enacted, That an election for directors shall be Time and mode held on the first Monday in April of every year, at the office of annual elecof the company or such other place as a majority of the ors. directors may previously designate; a public notice of the election shall be given by the secretary, in a newspaper printed in Plainfield at least two weeks previous to the time of holding the election; and if any of the directors shall die, or refuse to serve, or neglect to act in their said office for the space of three months successively, then and in every such case the remaining directors shall have power to fill such vacancy or vacancies until the next election; and in case it should happen that an election for directors should not be held on the day when pursuant to this act it ought to have been held, the said corporation shall not for that cause be dissolved, but it shall and may be lawful, on any other day, to hold such election ; provided, that the first election for directors shall be held on the first Monday of May next; and the directors, when elected, shall continue in office until the first Monday of April thereafter, of which said last mentioned election previous public notice shall be given in a newspaper printed in Plainfield, for at least two weeks.

4. And be it enacted, That it shall and may be lawful for what propere the said corporation to ensure their respective dwelling-houses, may be ensured. stores, shops, or other buildings, together with household furniture, merchandise, and all other personal property, against loss or damage by fire. 5. And be it enacted, That at the annual meeting of the p

Powers and dasaid corporation, or at any general meeting of the same, which ties of directors. general meeting may be called by any three directors, it shall be lawful for a majority of the members present to make and prescribe such by-laws, rules, and regulations, as to them shall appear needful and proper, for the management and disposition of the property, estate, and effects of the corporation, for the regulation of the mode of effecting ensurance in said cor

dent.

made.

peration, and of valuation of property ensured or to be ensured thereby; and to fix rates of ensurance and fees of officers, and for such other matters as appertain to the business of the said corporation ; and shall have power to appoint a secretary, surveyor or surveyors, appraiser or appraisers, and such additional officers, agents, or servants, as by them shall be deemed proper, to which offices the directors shall be eligible; prorided, íhat a majority of the members present at such annual or general meeting may, by resolution, vest any or all of the powers given in this section in the board of directors; and provided, that such by laws, rules, and regulations shall not be repugnant to the constitution of the United States and to the constitution and laws of this state.

6. And be it enacted, That at the first meeting of the direct. Directors to ors held after their election in each year, the directors shall choose a presi- choose, from among themselves, one person for president, who

shall continue in office until the next annual meeting and until another shall be chosen in his place; they shall also elect a treasurer, and require of him to give bond to the corporation for the faithful performance of his duty, for such sum as to them shall appear to be sufficient.

7. And be it enacted, That all policies of ensurance which Policies, how shall be made by the corporation in pursuance of this act, shall

be made on such terms and conditions, and for such periods of time, and confined to such places, as shall be from time to time ordered and prescribed by the by-laws, rules, and regu lations of said corporation; and if at any time it shall happen that there shall be just claims on the corporation, for losses sustained or other liabilities, to a greater amount than they have funds to discharge, in such case the directors for the time being shall, with all convenient expedition, proceed to assess such deficiency, in a ratable proportion, on the members of the corporation, or their representaiives, according to the amount of each member's ensurance, which rates or assessments shall be approved of by a majority of the whole number of direct. ors; and notice in writing shall be given by the secretary to each member, or his representative, of his assessment, and the amount by him, her, or them to be paid; and each and every member, or his representative, so notified, shall pay the same to the treasurer for the time being within sixty days after such notification, and in default thereof, shall forfeit double said rates and all their rights and claims to any policy that they may have obtained, and be no longer members of the corporation, but shall be liable to a recovery of the amount of such rate or assessments by action of debt, with costs of suit, in any

court of competent jurisdiction. Drafts on treabury, &c.

8. And be it enacted, That no money shall be drawn from

payment is

the treasury of the corporation, except for the purpose of paying damages in cases of loss by fire, and for other purposes, to be provided by the by-laws, rules, and regulations.

9. And be it enacted, That if any person ensured by the Transfers to be said corporation shall convey or assign the property ensured, recorded. it shall be lawful for such person to assign to the purchaser the policy of ensurance; but the corporation shall not be bound by such policy after such assignment, until the assignment shall have been recorded in the books of the corporation, and the same certified on such policy by the secretary

10. And be it enacted, That any person or persons ensured Actions may be by said corporation, may maintain an action at law against maintained, if the same, for losses and damages due to him, her, or them from withheld. said corporation, if payment is withheld for more than ninety days after the amount of such losses shall have been ascertained, and the said corporation notified thereof; no member of the corporation, not being in his own individual capacity a party to such suit, shall be incompetent as a witness; provided the directors do not agree to rebuild or replace the property lost or damaged, in which case a reasonable time shall be allowed them.

11. And be it enacted, That this act shall not continue in Limitation. force longer than twenty years, and it shall be lawful for the legislature at any time to amend, modify, or repeal the same; provided, that no contract made by said corporation before such repeal, shall be affected thereby; and the said corporation shall have a reasonable time to bring their accounts to a final settlement.

12. And be it enacted, That this act shall take effect immedjately.

Approved, March 4, 1846.

Act, when to take effect.

An act to authorize the inhabitants of the townships of Bedminster and Warren, in the county of Somerset, and of the townships of Randolph, Chester, and Rockaway, in the county of Morris, and of the township of West Windsor, in the county of Mercer, and of the township of Washington, in the county of Bergen, and of the townships of Hope, Hardwick, and Knowlton, in the county of Warren, and of the townships of Dover and Millstone, in the county of Monmouth, to vote by ballot at their town meetings.

1. BE IT ENACTED by the Senate and General Assembly of

the State of New Jersey, That the inhabitants of the town. bitants of ships of Bedminster and Warren, in the county of Somerset, certain town and of the townships of Randolph, Chester, and Rockaway, in ships author

w the county of Morris, and of the township of West Windsor, ballot. in the county of Mercer, and of the township of Washington,

in the county of Bergen, and of the townships of Hope, Hardwick, and Knowlton, in the county of Warren, and of the townships of Dover and Millstone, in the county of Monmouth, are hereby authorized and required to elect by ballot, and not otherwise, at their annual town mectings, the following officers, until otherwise required by law, whose qualifications shall be the same as are or may be fixed by law, that is, a township clerk, a judge of election, an assessor, a collector, two chosen freeholders, two surveyors of the highways, three commissioners of appeal, one or two overseers of the poor, as many overseers of the highways as there are road districts, a town committee consisting of five persons, a school committee consisting of three persons, as many justices of the peace as the township may be constitutionally entitled to elect, and an equal number of constables; and shall also, upon the same ballot, vote for the amount of money to be raised for the support of the poor, for school purposes, for the repair of roads, the amount of the dog tax, and for the place of holding the next annual town meeting and the election of state and county officers.

2. And be it enacted, That the judge of election elected at

the last or any future town meeting, shall preside at and con: Officers of election.

duct the election at the next annual town meeting, and the clerk of the township shall be the clerk thereof; and the officers of said election shall be eligible to any office at said elec

tion, except that of justices of the peace. Elections, how 3. And be it enacted, That the elections shall open at eight

o'clock in the morning, and close at four o'clock in the after

conducted

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