corporators. poration. of the same, That Garret P. Conover, Samuel Stillwell, Francis P. Simpson, John C. Whitlock, John C. Schanck, Jonas Clark, Asbury Fountain, William Little, Garret S. Smock, and such Names of inother persons not exceeding thirty in number, as now are, or hereafter sball become associates of the Franklin Fire Engine Company of Middletown Point, be, and they are hereby constituted and declared to be a body corporate and politic, in fact and in law, by the name of "The Franklin Fire Engine Company of Middletown Point," and by such name they shall have Style of incorsuccession, and be persons 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 law and equity, whatsoever, and that they and their successors may have a common seal, and shall have power to make, change, and alter the same at their pleasure, and by their name as aforesaid, and under their common seal, may make, enter into, and execute any contracts or agreements touching, or concerning the objects of said corporation, and shall have full power and Powers of authority to make, form, adopt, and enforce such by-laws and company. regulations for their government, not inconsistent with the laws of this state, or of the United States, as they shall think proper. ital. Sec. 2. And be it enacted, That the capital stock of the said company, shall not exceed the sum of two thousand dollars, Amout of cap. which shall be solely and exclusively applied to the procuring, maintaining and repairing such engines, hose, reservoirs of water, ladders, buckets, fire hooks, engine houses, and other implements and mechines, and to such other incidental expenses, as shall to the said company appear best calculated to secure the property of themselves, and of the inhabitants of the village of Middletown Point, and its viciuity, from loss or injury by fire. officers. Sec. 3. And be it enacted, That the said company shall have power to elect annually, a president, and such other officers and Election of assistants, as they shall find necessary for conducting their affairs, according to their constitution and by-laws; and that the president shall keep in his custody, the common seal of the said company (if any) and at the expiration of his term of office, shall deliver it, together with any and all other effects, property, books and papers of the said company, which may be in his charge or keeping, over to his successor. Sec. 4. And be it enacted, That all the privileges and exemptions, contained in an act entitled "An Act for the encourage ment of Fire Companies," passed December fourteenth, eigh- Privileges of teen hundred and twenty-six, be, and the same are hereby ex- members. tended to all persons who now are, or hereafter shall become and continue actual members of the said company provided, that the members attached to the said fire engine or hose com Act may be altered or repealed. pany shall live within two miles of the usual place of keeping their engine. Sec. 5. And be it enacted, That it shall and may be lawful, for the Council and General Assembly of this state, at any time hereafter, to amend, repeal, or modify this act, as they shall think fit and proper. Passed, February 10, 1836. Boundaries anthorised to be enclosed. Penalty for driving in eattle. AN ACT to authorize the enclosure of a certain tract of woodland, in the township of Franklin, in the county of Bergen. 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 it shall and may be lawful for the owners and possessors of all that tract of woodland situated near New Success, on the west side of the Hohokus brook, and is bounded as follows; northerly, by lands of William Dixon, easterly, by lands of Stephen Lawrence and Harman Smith, southerly, by Jands of Joseph Crouter and Jacob May, and westerly, by lands of Jacob May, Samuel Banta and Peter Berdan, to fence the same in common, and to erect and maintain such swing gates as they may deem proper, and that from and after the enclosing the same as aforesaid, no person or persons whatsoever, shall drive or let in any horse, cattle or sheep, with intent to run at large, in said tract: Provided always, that nothing in this act contained, shall be construed so as to prevent any person or persons from turning his horses, cattle, or sheep, on such part of the said tract as may belong to him, and as may be kept enclosed by a sufficient and lawful fence, separate from the remainder of the said tract. Sec. 2. And be it enacted, That if any person whatever, shall drive or let in any horse, cattle or sheep, into the said tract, after the same shall have been enclosed as aforesaid, except as is provided for in the preceding section of this act, or shall wilfully break down any part of the fence around the same, or any of the swing gates thereon, he shall be liable to a penalty of a fifty dollars; and if any person or persons shall leave open any bars or swing gates thereon, either negligently or wilfully, he shall be liable to the penalty of two dollars for each offence, any of which penalties may be sued for and recovered by the trustees hereinafter mentioned, or either of them, in any court of competent jurisdiction in this state, in an action of debt; and the proceeds thereof, after paying the costs and expenses of suing for and recovering the same, shall be applied to making and repairing the fences and swing gates around the said tract. Cattle trespas ing. Sec. 3. And be it enacted, That if any horses, cattle or sheep, be found running at large in said tract, it shall be lawful for any person so finding them, to drive them to any public pound in the township of Franklin, leaving with the keeper of such pound an affidavit that such horses, cattle or sheep, were found running in said tract, and it shall be the duty of such pound keeper to receive and keep the horses, cattle and sheep, so delivered to him, until the owner thereof shall pay to him the cost and fees of impounding the same, together with damages, if any incurred; and such pound keeper shall collect and receive the same fees, and be subject to the same penalties, and shall, in all matters, proceed as is directed by an act entitled, "An Act regulating fences," passed January the twenty-third, Times and seventeen hundred and ninety-nine. mode of elect Sec. 4. And be it enacted, That a majority of the owners of ing trustees. said tract shall meet on the first Tuesday of April next, at the house of William Dixon, in the township of Franklin, and on the first Tuesday in April of each year thereafter, at such place as a majority of them shall direct, and shall proceed to choose, from among themselves, three persons, to be trustees of said lands, who shall hold their office for one year, or until their suc- Trustees to cessors shall be appointed. assign propor Sec. 5. And be it enacted, That the trustees elected shall de- tion of fence. signate the line of the fence to be erected around the said tract, and shall assign, by marks and measurement, to each of the owners of said tract, to make and maintain, as they formerly did make, and the said owners of said tract shall make and maintain the vacant part to the proportion to the number of acres owned by him or her therein, and if after such assignment and notice thereof, any of the owners shall neglect to make and maintain the fence so assigned him or her, for the space of two months after a written notice having been served upon him or her or left at their usual place of residence by the said trustees or any one of them, the said trustees shall make or repair the same, and shall be entitled to sue for and recover the expense from the person or persons so refusing, and their legal representatives, in any court of competent jurisdiction in this state; and it shall Pay of trus tees. be the duty of such trustees to cause a lawful fence, at all times, to be kept up and maintained around the above said tract. Sec. 6. And be it enacted, That each trustee shall be entitled to receive seventy-five cents per day, for every day spent in the above mentioned duties, to be paid by the owners of said tract, in proportion to their interest, and shall be assessed by the said trustees according to the number of acres held by each owner of said, and shall make out a duplicate list of the amount assessed upon the property of each individual, who, upon refusal or neglecting to pay the same, after notice of the aforesaid assessment being set up in three of the most public places, near the premises, for the space of thirty days, shall be liable to a prosecution before any court having competent jurisdiction of the same, in an action of debt, with costs of suit. Passed, February 10, 1836. Preamble. AN ACT relative to a bequest, in the last will and testament of Uzal Sayres, late of the township of Newark, in the county of Essex, for schooling poor children. WHEREAS the said Uzal Sayres, in and by his last will and testament, did, amongst other things, make the following bequest and provision, that is to. say, "and it is my will, and I do order my executors to sell the whole of my estate, both real and personal, so as to reduce the whole into money; and after paying all my just debts and funeral expenses, and the legacies heretofore given, in this my will, all the residue, more or less, I do order and direct my said executors to put out at interest, on good bond and mortgage, and my two sons to have the interest arising therefrom, during their life time; and the principal is to be kept entire and unexpended, and after the death of both my sons, Stephen and Isaac, I do give the said residue to the township committee, of the township of Newark, and their successors in office, in trust; the interest and income thereof to be expended in schooling such poor children as they, in their wisdom, shall think proper to school, but the principal sum is to be kept good and unexpended, as a fund for that purpose," and thereby constituted and appointed his said sons, Stephen Sayres and Isaac Sayres, executors thereof; who, after the death of the said Uzal Sayres, on the sixth day of February, eighteen hundred and thirty-four, proved the said last will and testament according to law: And whereas by an instrument in writing, bearing date the eleventh day of August, eighteen hundred and thirty-five, made between the township committee, of the township of Newark, aforesaid, in behalf of said township of the one part, and the said Stephen Sayres and Isaac Sayres, executors as aforesaid, of the other part, it is agreed to compromise the said bequest, for the sum of of four thousand dollars, and that the said township committee shall receive, as payment of the said sum of money, an assignment from said executors, to the inhabitants of the township of Newark, in the county of Essex, of a certain bond and mortgage given by Joseph B. Jackson, to Enoch Bolles, and by said Bolles assigned to said Stephen Sayres and Isaac Sayres, dated the first day of July, eighteen hundred and thirty-five, to secure the payment of four thousand dollars, with interest, together with the policy of insurance of the building on the mortgaged premises, as by reference to the said agreement, amongst other things, will more fully and at large appear: And whereas legislative aid is necessary, to confirm and make effectual the said agreement, and to secure the application of the said sum of money, agreed to be accepted in lieu of said bequest, as near as may be, in the manner intended by the testator-Therefore, Sec. 1. BE IT ENACTED by the Council and General Assem bly of this State, and it is hereby enacted by the authority of Agreement the same, That the said agreement, made between the said with township township committee and the said Stephen Sayres and Isaac committee Sayres, executors aforesaid, be, and the same is hereby confirmed, and made valid and effectual, in law and equity. confirmed. execution of Sec. 2. And be it enacted, That the legal title and possession of the aforesaid sum of four thousand dollars, and the Money and execution of the said trust, shall be vested in the said "The trust vested in Inhabitants of the Township of Newark, in the County of the township. Essex," in their corporate capacity, who are hereby authorized and made capable in law from time to time, through the agency, and under the direction of the township committee of said township, to cause the same to be invested at in |