Commission

ers to receive

Sec. 2. And be it enacted, That John B. Roe, Andrew Parsons, Evert H. Van Ness, Peter G. Speer, John Colt, Peresubscriptions grine Sandford and Elias B. D. Ogden, be the commissioners in the place of those named in the first section of said act of incorporation.

for stock.

Limitation for comple

tion of road.

Sec. 3. And be it enacted, That the said company shall commence the said road within three years from the date of this act, and finish the same within five years, according to the true intent and meaning of the act of incorporation; and that such parts of the original act as come within the purview of this act, and interfere with the same, be, and the same are hereby repealed.

Passed, February 15, 1836.

AN ACT to incorporate the Belleville Rail Road and
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 James S. Morris, William Stephens, John Style of incor- Lloyd, Jacob K. Mead, Richard R. Lansing, John Kennedy, poration. Ralph Pomeroy, Smith W. Anderson, David Marvin, Elihu Townsend, and John Rutherford, jun., and their associates, shall be, and are hereby constituted a body politic and corporate, by the name of "The Belleville Rail Road and Transportation Company;" and by that name they and their successors shall be known in law, and have power to sue and be sued, and to defend and be defended, in all courts, whether in law or equity; and by that name shall be capable of purchasing, or of otherwise receiving and becoming possessed of, and holding or conveying any real or personal estate; shall have perpetual succession, and may also have a common seal, and alter or renew the same at pleasure; and shall have, en

Powera

joy, and exercise all the rights, powers and privileges per taining to corporate bodies, and necessary for the purposes of this act.

Sec. 2. And be it enacted, That the capital stock of the

said corporation shall be one hundred and fifty thousand dol- Amout of caplars, with privilege for the company to increase the same to ital. three hundred thousand dollars; and shall be divided into shares of fifty dollars each, which shall be deemed personal property, and transferable in such manner as the said

ration shall by their by-laws direct.

corpo

Sec. 3. And be it enacted, That the above named persons,

or a majority of them, shall open books to receive subscrip- Books of subtions to the capital stock of the said corporation, at such time scription to be or times, and place or places, as they, or a majority of them, opened. may think proper, giving notice thereof at least twenty days prior to the opening of said books, by publishing the same in two of the newspapers printed in the town of Newark and city of New York; and that the said books shall be kept open at least two days, and as much longer as the said persons, or a majority of them, shall think proper; and if more subscriptions be taken than the amount of the capital stock, it shall be in the power of the said persons, or a majority of them, to apportion the stock to the subscribers, as they may deem expedient and conducive to the object of the incorporation.

Sec. 4. And be it enacted, That at the time of subscribing for said stock, five dollars shall be paid to the above named Time and persons, or some one of them, upon each share subscribed for; mode of electing directors. which money shall be paid over to the treasurer of the company, as soon as one shall be appointed; and when the said capital stock shall be subscribed for, and the books closed, and the apportionment made, if the same become necessary, it shall be the duty of the persons named in the first section of this act, or a majority of them, to call a meeting of the stockholders, upon like notice as above, to choose seven directors; and such election shall be made by ballot, at the said time and place, by such stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of the capital stock entitling the holder thereof to one vote; and the said named persons, or a majority of them, shall be inspectors of the first election of directors of the said corporation; and shall certify, under their hands, the names of those persons duly elected, and deliver over the subscription books to the said directors; and that annually thereafter, upon like notice being given by the directors, for the time being, the stockholders shall, in the same manner, elect the same number of directors; and the time and place of holding the first meeting of directors shall be fixed by the said persons named

Prestdent to be chosen.

in the first section of this act, or a majority of them; and the directors chosen at any of the elections of said corporation, shall, as soon as may be after every election, choose, out of their own number, a president; and in case of the death, resignation, or removal of the president, or any director, such vacancy or vacancies may be filled, for the remainder of the Vacancies sup. year wherein they may happen, by the said board of direcplied. tors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the by-laws of the said corporation shall provide.

Corporation not dissolved

on failure to

elect on day prescribed

Sec. 5. And be it enacted, That in case it should happen that an election of directors should not be made during the day when, pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved, but such election may be held at any other time on notice as aforesaid; and the directors, for the time being, shall continue to hold their office until new ones shall have been chosen in their places.

Sec. 6. And be it enacted, That five directors of said corStock forfeited poration shall be competent to transact all business of said on failure to corporation; and they shall have power to call in the repay instalment mainder of the capital stock of said company by such instal

Location

ments, not exceeding five dollars on each share, at any one time, and at such times as they may direct, giving at least thirty days notice in two newspapers printed in the town of Newark and city of New York; and in case of the non-payment of said instalments, or any one of them, to forfeit the share or shares upon which such default shall arise; and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and regulation of the stock, property, estate and effects of the said corporation; and shall, also, have power to appoint a secretary, treasurer, engineer, agents, superintendents, and such servants, as may be required to transact the business of the corporation, with such compensation to them, and the president, as to the board shall seem proper; and that they shall exact from the treasurer sufficient security for the due performance of his trust; Provided said by-laws be in no respect repugnant to the laws of this state or of the United States.

Sec. 7. And be it enacted, That the president and directors be, and they are hereby authorized and invested, with all the rights and powers necessary and expedient to survey, lay out, and construct a rail road, or lateral roads, from one or more suitable place or places in the village of Belleville, and

on lands, &c.

from thence, joining the road of the New Jersey Rail Road and Transportation Company, at any suitable place or places, between the Passaic and Hackensack rivers, not exceeding sixty-six feet wide, with as many sets of tracks and rails as they may deem necessary; crossing the Passaic river upon, or adjoining the present Belleville bridge belonging to the Belleville Bridge Company, with their consent; but if such consent cannot be obtained, then at some point, not exceeding one hundred feet, either north or south of said bridge, with a draw in a line and corresponding with the present one, and of equal or greater width, and not less than twentyeight feet; and it shall be lawful for the said president and directors, their agents, engineers, superintendents, and others Purposes for in their employ, to enter, at all times, upon all lands and which compa. waters, for the purpose of exploring, surveying, levelling, and ny may enter laying out the route or routes of such rail road or lateral roads, and of locating the same, and to do and erect all necessary works, buildings, and appendages thereof, doing no unnecessary injury to private or other property; and when the route or routes, and the location of such road or lateral roads, shall have been determined upon, and a survey of such route or routes, or location, deposited in the office of the secretary of state, then it shall be lawful for said company, by its officers, agents, engineers, superintendents, contractors, workmen, and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate, any such lands, and to erect embankments, bridges, and all other works necessary to lay rails, and to do all other things which shall be suitable and necessary for the completion or repair of the said road or roads, and to carry into full effect the object of this incorporation; and may, also, take and use any stone, gravel, sand, clay, or other earth, on or near the said route, which may be required for the construction of, repairing, altering, or extending the said road or roads, or any of the works or appendages, subject to such compensation to be made therefor, as is hereinafter provided, and repairing any breaches they may make in enclosures; Povided always, Proviso. that the payment, or the tender of payment, of all damages, for the occupancy of lands through which the said rail road or rail roads may be laid out, be made before the said company, or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said road or roads, unless the consent of the owner or owners of such lands be first had and obtained; And provided also, that it shall be lawful Proviso. for any person or persons, owning any landing or manufactory, to which said rail road shall not be laid by this com

Proceedings when compa

ny and own. ers of land

cannot agree.

pany, to erect and build a branch rail road to intersect said rail road, at such point or points, within two miles of the main line of said rail road; and to charge tolls thereon in the same manner, and at the same rates, as this corporation is authorized to charge; and for the purpose of constructing said branch rail road, he or they shall be invested with the same privileges, and be subject to the same liabilities and reservations, as this corporation are entitled and subject to; And provided also, that the said road shall not be located, so as to interfere with, or prevent the travelling on, the Belleville turnpike road.

Sec. 8. And be it enacted, That when said company, or its agents, cannot agree with the owner or owners of any such required lands, or materials, for the use or purchase thereof; or in case any such owner or owners thereof, shall be feme covert, or under age, non compos mentis, or reside out of the state, then it shall and may be lawful to and for the said directors, to apply to any justice of the supreme court of this state, who, upon such application, is hereby authorized and empowered, enjoined and requested, to frame and issue one or more writ or writs, as occasion shall require, in the nature of a writ ad quod damnum, to be directed to the sheriff of the county in which such lands and tenements shall be, commanding him, that by the oaths or affirmations of twelve good and lawful men, of his bailiwick, who shall be indifferent to the parties; he shall enquire whether the person or persons owning any lands, tenements, or hereditaments, necessary to be used by the said directors, or which may be injured in establishing such rail road or roads, which person or persons shall be named, if known, and which lands and tenements shall be described in such writ or writs, will suffer and sustain any, and what damages by reason or means of taking such lands, tenements, or other real hereditaments, gravel or materials, necessary or expedient for the use of such rail road or roads, or the repair thereof, or the works thereto belonging; and to return the said writ, together with the finding of such jury, to the next supreme court of this state, after the finding thereof, on or before the first day of said term; and upon such writ being delivered to the sheriff, he shall give at least twenty days notice, in writing, to all and every owner or owners of the land and tenements in the said writ described, or to so many of them as can be found, or to the agent or agents of such owners, if known, and if not known, such notice to be published in some newspaper, printed in the county in which such lands lie, for the same length of time before executing said writ, of the time of executing the same; and he shall cause to come upon the premises,