When return plied with, within the time limited and expressed in such reto be void. turn, the said return shall be void and of no effect.

When return

SEC. 36. And be it enacted, That after any such return as aforesaid shall have been duly recorded, the road, street or recorded, &c. streets thereby laid out, altered, widened or extended, shall be worked as deemed and taken to be highways, and shall be opened, made, other roads in maintained, worked and repaired, in the manner that other township. roads and highways in the said township of Newark, are or may be by law directed to be opened, made, maintained and repaired.

cord surveys

roads, &c. opened by owners for public uses.

AND WHEREAS in some instances individuals in the town of Newark, aforesaid, have opened streets or public ways through their own lands in the said town, and dedicated the same to public use as streets or passage ways, but which have not been laid out as roads or highways according to law, either because they were not as wide as the law required, or for some other reason, wherefore they cannot be recognized and treated as public highways, or be regulated and cleansed as such at the public expense, but may become nuisances and receptacles for filth, highly injurious to the comfort and health of the said town; therefore,

SEC. 37. Be it enacted, That it shall and may be lawful for the said township committee, at the expense of the said township of Newark, to cause surveys to be made, and to have Township the same filed, in the clerk's office of the county of Essex, and committee to recorded in the book of records of roads and highways for make and re- said county, of all such roads, streets, alleys, and public passof all streets, age ways, as have been or may be hereafter voluntarily opened by the owner or owners of the land or lands over or through which the same run, and which have been or hereaf ter may be by such owner or owners dedicated to the public, by permitting the public to use and travel over the same, or by selling lots fronting thereon, for the purpose of erecting dwelling houses or other buildings along the same, or otherwise; and all such streets, roads, alleys, and ways, when surveyed, and such surveys filed and recorded as aforesaid, shall be deemed and taken to be public streets or highways, and shall be made, maintained and treated as such in all respects; Provided always, that nothing in this section contained shall authorize the said town committee to make such survey of any lane, alley, or passage way, that may be opened by any person or persons for his or their own private use and benefit, and on or along the sides of which they shall not erect or suffer to be erected any dwelling houses, or which lane, alley, or passage way, it is not the intention of such owner or owners of the lands to permit the public to use as a street or passage

Proviso.

way.

SEC. 38. And be it enacted, That the applicant or applicants for laying out, altering, widening, or extending any road or

street, under this act, shall pay to the court of common pleas, Fees to court and the clerk thereof, the same fees for services required and and clerk, performed by them in pursuance of this act, as are or shall be allowed by law for like services under the general laws of this state on the subject of highways; and shall also pay to the several members of the said board of commissioners, for their and board of services, such compensation as the said township committee commissionshall fix, not however to exceed in amount what is or may be ers. allowed by law to surveyors of the highways for like services.

freeholders.

SEC. 39. And be it enacted, That no road or street, laid out, Streets, &c., vacated, altered, widened, or extended, under the provisions laid out, not of this act, shall be subject to review by chosen freeholders; to be reviewbut any person or persons conceiving himself, herself, or them- ed by chosen selves aggrieved or injured by the laying out, altering, vacating, widening, or extending of any road or street in the said township of Newark, under the provisions of this act, or by any proceedings of the said township committee under or by virtue of the thirty-seventh section of this act, may file in the clerk's of- Redress for fice of the county of Essex, a caveat against the recording of persons aggrieved. any return or survey made under or in virtue of this act, and may have any such proceedings reviewed and corrected, or set aside, in the supreme court of this state, by certiorari or other lawful process.

SEC. 40. And be it enacted, That this act shall be deemed Public act. and taken to be a public act, in all courts of law and equity in

this state and elsewhere.

SEC. 41. And be it enacted, That all acts and parts of acts Parts of acts, which are contrary to, or inconsistent with the provisions of repealed. this act, or of any part thereof, or which contain enactments, prescribe duties, or make regulations which are otherwise provided for in this act, shall be, and the same are hereby repealed, on and after the second Monday in April next, so far only as such acts or parts of acts relate or extend to the township of Newark, in the county of Essex, and no further.

This act may

SEC. 42. And be it enacted, That it shall be lawful for the be altered or legislature, at any time hereafter, to repeal, alter, change, or repealed. modify this law, at their will and pleasure.

Passed February 6, 1833.

A Supplement to an act entitled, "An act to incorporate the Elizabethtown and Somerville Railroad Company."

SEC. 1. BE IT ENACTED by the Council and General Assem- Company aubly of this State, and it is hereby enacted by the authority of the thorized to same, That it shall be lawful for the Elizabethtown and Somer- continue road

ville to the

Delaware.

from Somerville Railroad Company, incorporated by an act entitled, "An act to incorporate the Elizabethtown and Somerville Railroad Company," passed the ninth day of February, in the year of our Lord one thousand eight hundred and thirty-one, to continue the railroad, authorized by said act, from the village of Somerville, in the county of Somerset, on the most eligible route, to the village of Clinton, in the county of Hunterdon; and from thence to the Delaware river, opposite to the village of Belvidere, in the county of Warren; with a branch, if they shall deem it expedient, from any convenient point on the route of said road to the Delaware river between the mouth of the Musconetcong creek and the Easton Delaware bridge; which said road shall be of the same width, dimensions, and construction as the road, authorized to be erected by the act to which this is a supplement, from Elizabethtown to Somerville; and, for that purpose, the said company shall have the san.e rights, powers, and privileges, given and granted by the said act, to which this is a supplement, and shall be subject to all the restrictions, limitations, conditions, and provisions in the said act contained, in the same manner, and to the same extent and effect, as if the same were herein again repeated, or the said company had been originally authorized, by the said act, to extend the said road therein authorized to be erected to the said points or places herein above mentioned, and be entitled to receive and take the same rates of toll for transportation and traveling on said road, hereby authorized to be erected, as are specified and allowed by the said act to be received and taken on the said road from Elizabethtown to Somerville.

Tolls.

Capital stock

increased $500,000.

SEC. 2. And be it enacted, That, for the purpose of enabling the said company to make and extend said road from Somerville to the points or places above mentioned, it shall be lawful for the said company to increase their capital stock, by new subscriptions, to the amount of five hundred thousand dollars over and above the capital provided for by the said act, to which this is a supplement; and if when the said additional capital shall have been laid out and expended in the erection of the said road, hereby authorized, it shall be found that the same is insufficient to complete the same, and defray all the May further expenses incident thereto, that then and in that case it shall be increase capi- lawful for the said company further to increase the said capi

tal.

Commissioners to open

tal stock to any amount necessary to complete said road, and defray all the necessary expenses incident thereto, not exceeding the further sum of five hundred thousand dollars.

SEC. 3. And be it enacted, That John Kinney, junior, John W. Bray, Nathaniel Saxton, Oliver W. Ogden, Thomas Salter, and Garret D. Wall be, and they are hereby appointed combooks for ub- missioners to open books for subscriptions to such additional scriptions for stock; whose duty it shall be to open books for receiving subscriptions for such additional stock, and to proceed therein in the same manner, in all respects, as is provided, by the act to

new stock.

which this is a supplement, for receiving subscriptions to the original stock of said company: and the said company shall cause certificates to be issued to the subscribers for such additional stock, in like manner, and upon the same terms, as if the same had been part of the original stock of said company; and such new subscribers shall become members of the said corporation, and be entitled to the same rights and emoluments as the original stockholders.

Limitation of

SEC. 4. And be it enacted, That the said company shall complete the said road, and branch thereof, to the points or places act. above mentioned, within ten years from the time of the passage of this act, otherwise this act, and all the powers and privileges hereby granted, shall cease and become void and of no effect. Passed February 8, 1833.

AN ACT to incorporate the Orange Aqueduct Company.

Powers.

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 John M. Linsley, Stephen D. Day, Daniel Babbit, Style of inAllen Dodd, Henry B. Campbell, William Munn, and their as- corporation. sociates, successors, and assigns, for the purpose of supplying the village of Orange with pure and wholesome water, shall be a body politic and corporate, in fact, law, and name, by the name, style, and title of "the Orange Aqueduct Company," and, by that name, have continued succession, and enjoy all the privileges and franchises incident to a corporation; and shall be capable of holding their capital stock, and the increase and profits thereof, in such manner and form as they shall think proper, and of disposing and using, and hiring or renting, the water which they may purchase or procure (by the mode herein after mentioned for ascertaining the value of such property, privileges, and damages) from the owner or owners of the soil whereon the spring or springs may be found, or through whose land the waters of such spring or springs may flow, and also of purchasing, taking, and holding, to them, their succes sors, and assigns, in fee-simple, all such lands, tenements, hereditaments, and real and personal estate, as shall be necessary and convenient to or for them in the prosecution of their works, and the same to sell and dispose of at their pleasure; and also,, that they and their successors and assigns be, and shall be able and capable, in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in their said corporate name, in all courts of judicature whatso

Proviso.

lands, com

owners.

on disagree

ment of company with

owners.

ever, and of doing all and every other matter, act, or thing which a corporation or body politic may lawfully do: Provided, that the real estate so to be holden shall be such only as may be requisite to promote and attain the objects of this incorporation, and be relative thereto; which objects are hereby declared to be, the bringing into, and supplying the village of Orange with pure and wholesome water.

SEC. 2. And be it enacted, That it shall and may be lawful for the said corporation to lay and extend the aqueduct to May lay aque- such places, and through any lands that may be, by their diduct through rectors, hereafter chosen, thought necessary, first giving notice of their intention to the owner or owners, or persons interested, pensating the in writing, and making satisfaction for any damages that may be sustained by any person or persons interested in the lands, spring or springs of water which may be injured or affected by the construction of said aqueduct, and the diversion or use of the said water for the same, according to a reasonable Proceedings agreement between the parties; but in case of disagreement between the parties, as to the value or sum to be paid for such damages, then and in such case it shall be the duty of the said parties, each, to choose a reputable freeholder, not stockholders in this corporation, and they two, a third, whose judgement, or the judgment of any two of them, made in writing, as to the amount to be paid to the owner or owners, by the said company, shall be conclusive; and in case such owner or owners, or persons interested, shall neglect or refuse, after notice in writing given, to choose a person, as aforesaid, then it shall be lawful, on the application of said company, or their officers, for any justice of the peace of the county of Essex, not interested, to issue his venire to any constable of said county, directing him to summon twelve good and lawful men of the county, not being members of this corporation, nor interested therein, who, having been duly sworn, upon examining the facts and premises, shall render such verdict thereon as to them shall appear just and right, which verdict shall be conclusive between the parties.

streets or

highways.

Maylay aqueSEC. 3. And be it enacted, That it shall and may be lawful duct through for said corporation to lay and extend the said aqueduct through such of the highways or streets of the village of Orange, as they may think necessary; and, for that purpose, to dig up and remove so much of the earth in the said streets or highways as may be convenient and necessary for the purposes aforesaid: Provided the said earth be replaced, at the expense of the said company, in as good a condition as if the same had not been removed, as soon as compatible with a judicious prosecution of the work.

Proviso.

Capital stock.

SEC. 4. And be it enacted, That the capital stock of the said corporation shall be ten thousand dollars, with the privilege of increasing the same to twenty thousand dollars, divided into shares of twenty dollars each; and that subscriptions to the