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AN ACT constituting an independent battalion in the township of Bergen, in the county of Bergen.

uniform batta

constituted.

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 an independent uniform battalion be, and the same Independent is hereby formed in the township of Bergen, in the county of lion in the town Bergen, to be composed of the uniform companies commanded ship of Bergen, by captains Joseph C. Van Buskirk, John G. Spier, Isaac Seaman, Matthew Conover, of the first regiment, Bergen brigade, and such other uniform companies or troop of horse within the bounds of the said regiment, as may elect to join the said battalion, and which the battalion court of appeals, as hereinafter constituted, may choose to receive into the said battalion, unless such other uniformed companies or troop be prohibited by the brigade board of officers of the Bergen brigade, from being attached to or joining said battalion.

Sec. 2. And be it enacted, That the said battalion shall meet for exercise, by companies, upon the third Monday in Time of meeting April for company training; by battalion on the third Mon- for training. dayin May; and by battalion for exercise and inspection, on the Friday immediately following the first Monday in June, and once by battalion on such day as the commandant of the battalion shall appoint; and that a written notice thereof, signed by the commandant of the battalion, and posted up in three of the most public places in the battalion, for ten days previous to such parade, shall be deemed legal notice thereof.

Sec. 3. And be it enacted, That the battalion court of ap- Battalion court peals shall consist of the commandant of the battalion and the of appeals. captains; and that the moneys annually collected from fines imposed on delinquents in the said battalion, shall be appro

priated to the uses and purposes of the said battalion, under Appropriation of the direction of the said battalion court of appeals, with fines. whom the paymaster shall annually settle his accounts; and the president shall annually make a specific report to the adjutant general of this state, of the manner and purposes for which the said moneys shall be disbursed.

Sec. 4. And be it enacted, That the said battalion shall be

penalties.

entitled to all the privileges, and subject to all the penalties, Privileges and an independent battallion may by the militia law of this state be subjected to.

Passed February 7, 1834.

Preamble,

authorized to

convey certain lands to Dela

AN ACT to authorize Elias Ely and Lewis S. Coryell, administrators of the estate of William Biles, deceased, to fulfil a certain verbal contract made by said deceased, with the Delaware and Raritan Canal Company.

WHEREAS, William Biles, late of the township of Amwell, in the county of Hunterdon, in his life time, bargained and sold unto the said Delaware and Raritan Canal Company, all that certain messuage, piece or parcel of land, situated in the said township and county aforesaid, being bounded and described as follows: beginning at a mark on the foundation wall of William Garrison's barn, seven links northerly from the northerly side of the old ferry road at the northeast corner of the tract of land aforesaid, and running thence by lands of said William Garrison and of Dr. John Wilson, south twelve degrees, east four chains and thirty-two links, thence still by lands of Dr. John Wilson, south seventy-eight degrees, west two chains and fiftyeight links across the Feeder of the Delaware and Raritan Canal to the bottom of the outer slope of the towing-path bank thereof, thence up the same by land of William Biles, north twelve and three-quarters degrees, west two chains and twenty-three links, thence by the same, north ten degrees, east fifty-five links, thence by the same, north ten and a quarter degrees, west one chain and fifty-two links, (passing the easterly side of a shed or addition to a house, on the southerly side of the old ferry road aforesaid) across the old ferry road aforesaid to the northerly side thereof, thence along the northerly side of said road by land of James Seabrook, north seventy-eight degrees, east thirty-nine links, to the southeast corner of said Seabrook's land, thence still by the same, north twelve degrees, west seven links, thence by the lands of the said the Delaware and Raritan Canal Company, (late of Mahlon Briggs and of Samuel Blodget) and of William Garrison aforesaid, north seventy-eight degrees, east one chain and ninety-six links to the beginning; containing one acre and eight hundredths of an acre of land: and the said Delaware and Raritan Canal Company were put into the possession thereof, and still occupies the same under said agreement; and the said William Biles, departed this life before any deed was executed for said lands and premises.

Sec. 1. BE IT ENACTED by the Council and General AssemAdministrators bly of this state and it is hereby enacted by the authority of the same, That Elias Ely and Lewis S. Coryell, administrators of the estate of the said William Biles, late of the township of tan Canal Com- Amwell, in the county of Hunterdon, deceased, who died intestate, are hereby authorized and empowered to execute and

ware and Rari

pany.

deliver to the said Delaware and Raritan Canal Company, upon the receipt from them of the consideration agreed upon, a deed for said land and premises, pursuant to said contract, between them and said deceased, which deed shall have the same force and effect as a deed from the said William Biles, in his life time, would have had.

Sec. 2. And be it enacted, That all such sum or sums of

money, as the said administrators, or either of them, shall or Distribution of ought by virtue of this act to receive, shall be assetts in their proceeds of sale. hands, the same as goods, chattels, moneys, or other personal property which may come to their hands as such administrators as aforesaid, and shall in the same manner as other personal assetts of the said deccased, be appropriated and paid, distributed and accounted for. Passed February 7, 1834.

AN ACT to divorce Ami Lewis from his wife Evelina

Lewis.

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 Ami Lewis, of the county of Sussex, be, and he is hereby divorced from his wife Evelina Lewis, and that the marriage contract heretofore existing between the said Ami Lewis and Evelina Lewis, be, and the same is hereby forever dissolved, as if they had never been joined in matrimony. Passed February 8, 1834.

AN ACT to incorporate the Morris Canal Transportation
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 Samuel Swartwout, John V. B. Varick, Samuel R. Brooks, Charles T. Shipman, James B. Murray, Sa

F

ration.

Powers.

muel C. Jaques, Henry Yates, Billopp B. Seaman, Robert Gilchrist, Samuel Cassedy, John M. Cornelison, Peter M. Ryerson, and their associates, shall be a company of stockholders, for the purpose of purchasing and selling coal, and of transporting persons or passengers, and all manner of things, through or upon the Morris Canal; that the said company shall be, and hereby is incorporated by the name of Style of incorpo-"The Morris Canal Transportation Company," and so shall remain for the term of twenty years: that during the said term the said company shall have succession, and be capable of suing and being sued, defend and be defended, and shall have a common seal, and may alter the same, and shall have power to make by-laws, not repugnant to the constitution and laws of this state, or of the United States, and from time to time appoint and employ all such officers, agents, clerks, navigators, workmen and servants, as the directors of the said company may think necessary for conducting the business of the said company; that the said corporation shall be capable of purchasing, holding, selling and conveying any real estate, or personal property, Provided, that the real estate so purchased and held, shall not exceed in value twenty thousand dollars, and shall be requisite to the end and intent of the corporation hereby created; And further, that the said company shall not be permitted to erect on the real estate so purchased, any kind of water works or machinery, so as to require any of the waters of said canal, and shall not use any of the waters of said canal, for any purpose whatever, except navigation.

Proviso.

tal stock.

Sec. 2. And be it enacted, That the capital stock of the said company shall not in the first instance, exceed one hundred Amount of capi- thousand dollars, to be divided into shares of one hundred dollars each; but if the board of directors shall, at any time during the existence of this charter, deem it expedient, it shall be lawful for them to increase the capital stock of the comCapital may be pany to two hundred thousand dollars, by creating one

increased.

thousand additional shares, of one hundred, dollars each; and the existing stockholders shall have the privilege of taking such additional shares, and in default of their taking the whole of the said shares, it shall be the duty of the board of directors to open books of subscription at the office of the said company, for the whole, or the remaining part of the same, giving not less than three weeks previous notice, in at least two newspapers circulating in this state, of the time and place of opening such books, and the books shall be kept open until the said one thousand shares shall be fully subscribed.

Sec. 3. And be it enacted, That the stock, property and Directors to be concerns of the said company, shall be managed by seven directors, who shall be stockholders, and that the seven persons herein first above named, shall be the first directors,

chosen.

and so shall continue until the first Monday of April next, and until others shall be chosen in their stead, according to the provisions of this act; that the said directors herein before named and appointed, shall direct the manner in which subscriptions to the original capital stock of the said company shall be received; that the directors of the said company shall be annually elected by the stockholders, by ballot (each share Time of elecbeing entitled to one vote,) on the first Monday of April in tion. each year, and the first election shall be on the first Monday of April next, and the seven persons having the greatest number of votes at such election, shall be directors for the then ensuing year, and until others shall be chosen in their place; Provided, That the directors for the time being, shall annually, previously to the day of election, cause three weeks notice to be published in not less than two newspapers circulating in this state, of the time and place of holding such election; that if any vacancy shall happen among the directors in the course of any year, the same may be filled until Vacancies supthe next annual election, by the remaining directors, or a majority of them.

Sec. 4. And be it enacted, That nothing herein contained, shall be taken or construed in any wise to alter, change or abridge the charter, or the rights and privileges of the Morris Canal and Banking Company, or to authorize the company hereby created, their officers, agents, navigators or servants, to navigate the said canal, otherwise than conformably to the rules and regulations established, or which hereafter may be established, by the said Morris Canal and Banking Company.

Sec. 5. And be it enacted, That no part of the capital stock

plied.

banking.

or moneys of the corporation, shall be used or employed by Capital not to be said company for banking or other purposes not clearly in- employed in dicated in this act, under the penalty of forfeiting this charter.

Sec. 6. And be it enacted, That it shall and may be lawful. for the legislature of this state, at any time hereafter, to modify or repeal this act, whenever in their opinion the public good requires it.

Passed February 8, 1834.

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