ration.

AN ACT to incorporate "The Bottle Hill and Montville
Canal Company.”

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 all persons who may become subscribers in the manner hereinafter mentioned, and their successors and assigns, shall be, and are hereby incorporated, by the name of Style of incorpo-"The Bottle Hill and Montville Canal Company," and by that name shall be a body corporate and politic in law, and shall and may sue and be sued, plead and be impleaded in all courts and places, and shall have power and authority to purchase, receive in donation, possess, enjoy and retain, demise, grant, alien, and sell all such lands, tenements and hereditaments, waters, streams and water privileges, rights, goods, chattels, and effects of every description whatsoever, as may be necessary for carrying into effect any of the provisions of this act, and that the said company shall have perpetual succession and power to make and use a common seal, and the same to change and renew at pleasure, and to make and ordain such by-laws and regulations in relation to its canal and other property and concerns, as the board of directors or majority of them, shall deem necessary and proper, and the same to alter, annul and re-enact at pleasure: Provided, the same be consistent with this act, and the constitution and laws of this state and of the United States.

Proviso.

Sec. 2. And be it enacted, That Jacob Wilson, Noadiah Commissioners P. Thomas, Walter Kirkpatrick, Benjamin L. Condict and

to receive sub

scriptions for stock.

William Brittin, shall be commissioners for receiving subscriptions for the sum of one hundred thousand dollars, to constitute the capital stock of said company, in shares of fifty dollars each, and they, or a majority of them, shall open books for that purpose, at such times and places as they, or a majority of them shall designate, by public advertisements, inserted in the newspapers printed at Morristown in the county of Morris, for at least thirty days immediately preceding the time or times appointed for that purpose, and continue the same open from time to time, until the said stock, or sixty thousand dollars thereof, shall be subscribed; the sum of five dollars shall be paid to the commissioners at the time of subscribing, on each share, and the amount received by said commissioners shall be paid over by them to the directors of said company, to be appointed as hereafter mentioned, immediately after their appointment and entering upon the execution of their offices; and the directors, when appointed, shall have power to call in and require payment of the residue of such capital stock in such instalments, and at such times, as they may deem expedient, giving thirty days notice in the

newspapers aforesaid, of the demand of each instalment; and no instalment of more than five dollars shall be required to be paid at one time.

1

Sec. 3. And be it enacted, That the managers of the concerns of the said company, shall be vested in seven directors, to be selected by the stockholders, and the directors shall choose by a plurality of votes, from among themselves, a president; and as soon as conveniently may be, after the said capital or sixty thousand dollars shall have been subscribed, the said commissioners, or a majority of them, shall call a meeting of the stockholders, by giving notice as aforesaid, at such Time and mode time and place as they may designate in said notice, to elect of electing dithe first board of directors, who shall hold their offices until rectors. the first Monday in April, eighteen hundred and thirty-five, and the subsequent elections of directors shall be holden annually on the first Monday in April, at such place as the directors, or a majority of them, shall appoint, upon like notice as aforesaid, to be given by said directors, or a majority of them; and in case it shall so happen at any time that an election of direc- Corporation no' tors shall not be made, when by this act it ought to be made, failure to elect the said corporation shall not thereby be deemed to be dis- on day presolved, but the directors, last appointed, shall continue in office until others are chosen; and the directors, or a majority of them, may order an election to be held at such time and place as they may see fit, giving notice thereof as aforesaid; all elections for directors, shall be by ballot, and each stockholder shall have as many votes as he shall hold shares of the capital stock.

Sec. 4. And be it enacted, That the amount expended in the construction of the canal or raceway authorized by this act, shall not be subject to any state, county, township or other public taxes, assessments or charges whatsoever.

dissolved by

scribed.

Amount expensubject to tax.

ded on canal not

Sec. 5. And be it enacted, That it shall be lawful for said company to make, construct and complete a canal or ar- Route of canal. tificial navigation, commencing at or near the village of Bottle Hill, in the township of Chatham, in the county of Morris, and running through the townships of Hanover and Pequannock, to the Morris canal, so as to intersect the same within a mile of the lowest inclined plane at Montville, in the township of Pequannock, in said county, with all such locks, planes, works, devices, wharves, toll houses and offices necessary for the use of said canal; and it shall be lawful for the said company, by its president and directors, or any agents, engineers, Company may superintendents, contractors, or other person or persons by in exploring. them employed, to enter from time to time, and at all times, upon all lands, for the purpose of exploring the route of said canal, and locating the same and the several works above specified, doing to the same no unnecessary damage, and when the route of said canal shall have been fixed upon and its several works located, by the directors or a majority of

enter upon lands

Mode of proceeding, &c.

them, and a survey thereof made and deposited in the clerk's office of the county of Morris, then it shall be lawful for them and their agents, contractors, and other persons by them employed, to enter upon, take possession of, and use all and singular such lands, water and streams, as may be necessary for said canal, subject to the provisions hereinafter contained. Sec. 6. And be it enacted, That where lands, waters and streams, that may be necessary and useful for said canal, shall not be made a free gift by the owner or owners thereof to the said company, then the said company shall pay to the owner or owners thereof, a just compensation to be mutually agreed upon, and in case of disagreement as to the value of such lands, waters or streams, then it shall be the duty of any judge of the Court of Common Pleas of the county of Morris, not in any way interested, upon the application of either party, and upon six days notice in writing given to the other party, to appoint three disinterested and judicious persons commissioners, to assess the price and value of such lands, water and streams, which said commissioners shall cause six days notice in writing, to be given to both parties of the time and place of their meeting, and having met and been duly sworn, honestly and faithfully to execute the duties of such appointment, shall proceed to view the lands, water and streams in question, and to hear the parties and their witnesses, if desired, which witnesses the commissioners or any one of them shall have authority to swear, and shall thereupon make such decision and award, as to them shall seem just and equitable, which decision and award shall be in writing, under the hands of the commissioners or two of them, and be transmitted together with a description of the lands, water, and stream or streams, the price or value of which shall be fixed by said decision and award to the judge who appointed them, and the said judge shall file the same, together with all papers relating to the application and proceeding, in the clerk's office of said county, there to remain as a public record, whereof said parties shall be entitled to take copies, from which decision and award either party may ap peal to the Court of Common Pleas of the county of Morris, by petition, to be filed in the office of the clerk of said court, at any time within thirty days after such decision and award shall be filed as aforesaid, and the said Court of Common Pleas, shall have full power to hear and determine the matters in dispute between the parties, in relation to said deci sion and award; and in case either party shall demand it, a venire facias shall be awarded by said court, to assess the value of said lands, water, stream or streams, and all damages sustained by the owner or owners thereof, by reason of the said canal, and the same notice of trial shall be given and proceedings had as in other cases of trial by jury, if the appeal is brought by the owner or owners, and if the sum

awarded in the said court of common pleas, shall be greater than that found by the commissioners, then the costs of such appeal shall be recovered by said owner or owners of the said company, but if the sum awarded in such court be the same or less than that found by the commissioners, then the company shall recover the costs of the said appeal of such owner or owners; if the appeal is brought by the company and the sum awarded in the said court of common pleas, shall be the same or greater than that found by the commissioners, then the said owner or owners shall recover the costs of such appeal of the said company; if the sum awarded in said court shall be less than that found by the commissioners, then each party shall pay their own costs, and judgment shall be given in the said court of common pleas in all cases for the damages awarded, and costs, agreeably to the provisions of this section, and execution issue accordingly; and it is hereby declared, that it shall not be lawful for said company to take possession of, occupy or use for the purposes of said canal, any lands, water, stream or streams, until compensation and damages shall be duly paid or tendered therefor, pursuant to the provisions of this act.

Proceedings where owners

vey.

Sec. 7. And be it enacted, That in case the owner or owners of any such lands, water, or stream or streams as are under legal herein before mentioned, shall be feme covert, under age, non disability to concompos mentis, out of the state, or under any other legal disability, then and in such case the value of such lands, water, or stream or streams and damages, shall be ascertained by commissioners in manner as aforesaid, to be appointed on the application of said company or the lawful guardian of such owner or owners; and the amount of any award made in favor of such owner or owners shall be paid into the court of chancery of this state, for the use of such owner or owners, subject to the order of said court.

Sec. 8. And be it enacted, That all proceedings under this act, to ascertain the value of any lands, water, stream or streams, to be used by the said company, except proceedings on appeals before provided for, shall be at the expense of and Expense to be paid by the said company.

Sec. 9. And be it enacted, That it shall be lawful for said directors and their superintendents, agents, engineers, laborers and workmen, with carts, wagons and other carriages, and with beasts of draught and burden, and all necessary tools and implements, to enter upon all lands contiguous to the route of the said canal, doing as little damage thereto as possible, and repairing all breaches they may make in the enclosures thereof, and to take and carry away any stone, gravel, clay, sand or earth there, being most conveniently situated, and most suitable for making or repairing said canal or its locks, planes or other devices thereto be

paid by the com

pany.

Company may enter upon lands contiguous to canal.

the route of

Powers and

tors.

longing; and the price or value of all such materials and da mages occasioned by the taking thereof shall be agreed upon or otherwise ascertained, and paid, or tendered to be paid, in the manner herein before provided for, in relation to the water, lands, stream or streams necessary for said canal.

Sec. 10. And be it enacted, That the president and directors, or a majority of them, shall have power to elect and duties of direc- employ all engineers, treasurers, collectors, toll men, clerks, agents, artificers, workmen, servants, laborers and officers whatsoever, necessary in their judgment for conducting the affairs of the said company, and to dismiss them and elect others at their pleasure, and also shall have power to charge and collect tolls, and rates for the passage of all boats, goods, draught-cattle, wares, produce, merchandise and passengers whatsoever, upon the canal or upon its banks, and to make, enact, and at pleasure to change and re-enact such tolls and rates, and also rules and regulations for the levying and collection of the same, as to them may seem proper; Provided, the company shall at no time charge more than three cents per ton per mile, on the passage of coal, lime, gypsum, iron ore and stone, and a proportionate charge upon other articles, contemplating their bulk, weight and value; and a card thereof shall be put up in open and public view, at every place where toll shall be required to be paid.

Rates of toll.

Annual state

ment to be exhibited.

Stock personal property.

Bridges to be

made when ca

nal crosses

roads or farms.

Right of action for damages.

Sec. 11. And be it enactd, That at the general meeting of said stockholders, to be held annually, agreeably to this act, a general statement of the affairs of the company shall be made out and exhibited by the president and directors, or a majority of them, and the said president and directors, or a majority of them, may as often as shall appear to them expedient, declare and pay such dividends of the net proceeds of the company as they may think proper.

Sec. 12. And be it enacted, That the stock of said company shall be deemed personal property, and shall be transferable on the books of the company, in such manner as the bylaws shall ordain.

Sec. 13. And be it enacted, That when the said canal shall cross any public road or farm, it shall be the duty of said company at their proper expense, to make good and sufficient bridges across said canal, and to keep the same in repair, so as to prevent any inconvenience in the use of said road or farms, by reason of said canal crossing the same, and also to make and maintain good and sufficient fences along the line of said canal, on both sides thereof, where the same may be necessary.

Sec. 14. And be it enacted, That nothing in this act shall be taken to impair the right of any person, to an action against the company for damages, to his or her lands, tenements or hereditaments or water rights, by the erection of said canal,