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Style of incorporation.

Powers.

Amount of

Joline, and all such other persons as are, or hereafter shall become associates of the Resolution Fire Company of Princeton, be, and they are hereby constituted and declared to be a body politic and corporate, in fact and in law, by the name of " the Resolution Fire Engine Company of Princeton."

SEC. 2. And be it enacted, That the said corporation, by such name, shall have perpetual succession, and be a body politic and corporate in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts of judicature whatsoever; and that they and their successors, respectively, may have and use a common seal, and have power to make, change, and alter the same at pleasure, and, by their common seal, may make, enter into, and execute any contracts or agreements touching and concerning the objects of said corporation, and shall have full power and authority to make, form, and adopt such by-laws and regulations for their government, not inconsistent with the constitution and laws of this state or of the United States, or the provisions of this act, as they shall think proper.

SEC. 3. And be it enacted, That the capital stock of said company shall not exceed the sum of one thousand dollars, capital stock. which shall be solely and exclusively applied to the procuring, repairing, and maintaining the engine, hose, reservoirs of water, ladders, buckets, fire-hooks, and other implements and machines, and to such other incidental expenses as shall to the said company appear best calculated to secure the property of the citizens of Princeton from injury or destruction by fire.

elected.

SEC. 4. And be it enacted, That the said company shall have power to elect, annually, a president, vice-president, Officers to be a secretary and a treasurer, from their own body, and such other officers and assistants as they shall find necessary for conducting their affairs according to their constitution and bylaws; and that the said president shall keep in his custody the common seal of the said company, and, at the expiration of his term of office, shall deliver it over to his successor.

Act may be amended or repealed.

SEC. 5. And be it enacted, That it shall be lawful for the council and general assembly of this state, at any time hereafter, to amend, modify, or repeal this act, as they shall think proper.

Passed February 1, 1833.

AN ACT to repeal the fifth section of an act entitled, “A further supplement to an act entitled, an act to enable the owners of tide swamps and marshes to improve the same, and the owners of meadows already banked in and held by different persons, to keep the same in repair," passed the seventh day of March, one thousand eight hundred and thirty-two.

Fifth section

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 the fifth section of an act, passed the seventh day of former act of March, one thousand eight hundred and thirty-two, entitled, repealed. "A further supplement to an act entitled, an act to enable the owners of tide swamps and marshes to improve the same, and the owners of meadows already banked in and held by different persons, to keep the same in repair," be, and the same is hereby repealed.

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subscriptions

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 Caleb M. Godwin, John B. Roe, John Vail, Ezekiel Miller, and Evert H. Vanness, or a majority of them, be au- Commissionthorized, as commissioners, to receive subscriptions for erect- ers to receive ing a turnpike road, not exceeding four rods wide, in the coun- for stock. ty of Essex, from Paterson to the Little Falls, and, for that purpose, that they open books, at such times and places as they may think proper, giving notice thereof in one of the papers printed in the town of Paterson, at least four weeks before the time of opening the same.

SEC. 2. And be it enacted, That such subscription shall con- Amount of sist of six hundred shares, of twenty dollars each, and that two capital. dollars on each share shall be paid to the commissioners at the time of subscribing, and the residue shall be paid by the subscribers, their executors, administrators, or assigns to the said company, by such installments as the president and directors How installshall order and appoint: Provided, that no installment to be ments are to called shall exceed the sum of five dollars on each share, and be paid. that four weeks' notice of the time of payment shall be given, by advertisement in one of the papers printed in the town of Paterson; and that as soon as two hundred shares of said stock shall be subscribed, it shall be lawful for said commissioners to call a meeting of said stockholders, to be holden at such time

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and place, in the town of Paterson, as they may appoint, givPresident and ing four weeks' notice thereof in one of the papers printed in directors to be the town of Paterson, to choose a president and six directors,

chosen.

any four of whom shall constitute a board for the transaction of business, and shall continue in office until the first Tuesday of December next, and until others shall be chosen: and also, that on the first Tuesday in December annually thereafter, there shall be an election of said officers for one year, and until others shall be chosen, at such place as the said directors may have appointed; and that each stockholder may vote in person or by proxy, and shall have as many votes as he or she shall have shares of stock; and that said company shall be Name of the called "the Passaic Turnpike Company," and shall have all the powers and privileges incident to a body politic and corporate, for the purposes herein mentioned, for the term of ninety-nine years.

company.

Location of turnpike.

Map to be filed.

Company

may enter on lands.

Proviso.

SEC. 3. And be it enacted, That it shall be lawful for said company to survey, lay out, and locate said turnpike road from the town of Paterson to the Little Falls, in the county of Essex, not exceeding four rods wide, having due regard to the situation and nature of the ground, and the buildings thereon, the public convenience and the interest of the stockholders, and so as to do the least injury to private property; and the said road shall not pass through any burying grounds or places of public worship, nor any dwelling house, without the consent of the owner thereof, nor through any out-building of the value of three hundred dollars, without such consent; and within six months after said survey and location shall have been com

pleted, the said company shall cause an accurate map and sur

vey of said route to be filed in the office of the secretary of state, which survey, or a certified copy thereof, shall be conclusive evidence of the location and course of said road.

SEC. 4. And be it enacted, That, for the purpose of making said survey and location, it shall be lawful for the said comup- pany, by their agents, to enter upon all lands, doing no unnecessary damage to the same; and as soon as the route of said road shall have been definitely located, and the said map and survey thereof filed in the secretary's office, as aforesaid, then it shall be lawful for said company to proceed and form the said road: Provided however, that they shall not enter upon any lands, for the purpose of making said road, until they shall have agreed with the owners thereof, or acquired a title to the same, as herein after directed.

How materials to be ob

tained.

SEC. 5. And be it enacted, That it shall be lawful for said company, their agents and workmen, to enter upon any lands near the route of said road, for the purpose of searching for and procuring stone, gravel, or other materials for making said road, but no stone, gravel, or other materials shall be removed from said land without the consent of the owner thereof, until compensation for the same be ascertained and paid, in the man

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ner herein after prescribed as to the compensation for lands over which said road may be laid.

owners of

SEC. 6. And be it enacted, That if any of the owners of land Proceedings through which said road shall pass, cannot agree with the said on disagreecompany for the land taken for said road, or for materials ta- ment of comken, as specified in the fifth section of this act, or if the owner pany with be feme covert, under age, non compos mentis, or out of the lands. state, then it shall be lawful for one of the justices of the supreme court, upon application of either party, and at the cost and charges of said company, to direct a special jury of freeholders of any township in said county of Essex through which the said road shall not run, to be struck before such justice, in the manner in which special juries are usually struck, who shall inquire into the value of said land taken for said road, and the damages sustained by the owners thereof; and shall make an inquisition thereof, under their hands and seals, to be returned to the supreme court by the sheriff of the said county in which the said inquisition is taken; and the said sheriff and jurors shall be entitled to the like fees for their services as are allowed by law in other cases of special juries; and, upon the coming in and confirmation of said report and inquisition, and upon the said company's paying to the owners, respectively, the sums in such report and inquisition stated, the said company shall become seized in the same estate in the said lands which the said owners respectively held in the same, and be acquitted and discharged from all responsibility on account of any damages done by laying and making said road.

SEC. 7. And be it enacted, That as soon as said road shall be finished from Paterson to the Little Falls, then it shall be lawful for said company to erect gates and turnpikes across the same, and to demand and receive toll at the said gates for travelling each mile on said road, after the following rates, to wit:

For every horse and rider, or led horse or mule,

half cent. Rates of tolls.

every carriage or vehicle drawn by one beast, one cent.

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every additional beast,

one cent.

Provided, that no gate or turnpike shall be erected or kept on Proviso. any part of the highway which has heretofore been used as such, nor shall said company be entitled to demand or receive toll from any person passing to or from public worship on the sabbath day, or for any person or persons going to or from his or her farm on their ordinary business, or attending a funeral, or militia training.

SEC. 8. And be it enacted, That if any tollgatherer shall unnecessarily delay or hinder any traveller passing at any of the Penalties for gates, or shall receive more toll than by this act is established, tollgatherer he shall, for every such offence, forfeit and pay to the delaying pas so hindered or defrauded the sum of twenty dollars, to be recovered in an action of debt, with costs of suit, before any justice of the peace of the county of Essex.

person

sengers, &c.

Stock to be

sonal estate.

SEC. 9. And be it enacted, That the said stock shall be taken, deemed per- deemed, and considered personal property, and be transferred in such manner as the said directors may appoint: Provided, that if the said company shall not commence their operations within two years from the passing of this act, and finish the pike to be fin- same within four years, according to the true intent and meaning of this act, then, and in either of these cases, this act shall cease and be void.

When turn

ished.

SEC. 10. And be it enacted, That all persons using and traKeep to the velling on said road, shall keep on the right in the passing diright. rection, leaving the other side of the road clear and open for others to pass.

Accounts to

dividends

SEC. 11. And be it enacted, That the said president and directors shall keep a just and true account of the costs of said be kept, and road, and of all current repairs thereof, and also of all expenses of said company and all receipts of said road, and shall declare a dividend of the net income or clear profits thereof once a year, or at such time as the president and directors may direct. Passed February 2, 1833.

made.

Ice not to be broken to haul seine.

Length of

seines prescribed.

Penalties, and how ap plied.

AN ACT to regulate the fishing with seines in Barnegat Bay, north of
Barnegat Inlet, in the county of Monmouth.

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 from and after the passing of this act, it shall not be lawful for any person or persons to cut through or break through the ice in Barnegat Bay, north of Barnegat Inlet, (while the said bay, north of Barnegat Inlet, shall be frozen over) for the purpose of hauling any seine or seines under the ice in said bay.

SEC. 2. And be it enacted, That it shall not be lawful for any person or persons to fish with, or haul any seine or seines in said bay, north of Barnegat Inlet, the length of which said seine or seines, either singly or united together, shall exceed one hundred and thirty fathoms, or the hauling ropes to the wings of which said seine or seines shall, respectively, exceed two hundred and fifty fathoms each.

SEC. 3. And be it enacted, That all and every person or persons who shall offend against the provisions of this act, shall forfeit and pay the sum of fifty dollars for each and every of fence, to be recovered, by action of debt, before any justice of the peace of said county, with costs of suit, to be paid one half

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