and Renben Ayres. and Maria his wife, that Enos Ayres, by his last will and testament, devised the whole of his real estate to the said Rachel and Maria, his two daughters, Preamble. during their natural life, to be equally divided between them; and on the death of either of his said daughters, devised the one half of his said real estate, in fee simple, to such child or children, as his said daughter might leave: AND WHEREAS, it has been further represented, that no partition of said lands can be made between the said tenants for life, that will be permanent and binding upon the children of said tenants, who are all minors; but that upon the death of either of the said tenants for life, her children may require and obtain a new and different division of said lands; in consequence whereof, the said tenants for life will be restrained from making improvements on said. lands: AND WHEREAS, it is considered equitable and just, and for the best interest of all persons concerned in said lands, that the said partition should be permanent and conclusive upon the devisees of the fee simple-Therefore, pursuant to the prayer of said petition, Commission 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 David Mercereau, Staats Van Deursen, and George Davison, be, and they hereby are, appointed ers appointed commissioners, with full power and authority to make parti- to divide real tion of the said real estate of the said Enos Ayres, deceased, estate of E. into two epual shares or parts, having due regard to the sit- Ayres. dec. uation, quantity, quality and advantages of each part or share, so that they may be equal in value, as nearly as may be; and the said commissioners shall make a true field-book, specifying the bounds of each part or share; and when the same shall be made and completed, shall proceed to assign, by ballot, the said parts or shares to the said tenants for life, respectively. lands. Sec. 2. And be it enacted, That the said partition, so to be Effect of thre made by said commissioners, or any two of them, shall be as partition of binding and conclusive upon the said tenants for life, and upon their children respectively, as if the same had been so expressly declared by the said testator, in his said last will and 1estament; Provided, that nothing in this act contained, shall im any wise affect or alter the rights of the devisees, under said will, further than that the said lands, by virtue of said partition, shall be held in severalty, and not in common, according to their respective estates under said will. Sec. 3. And be it enacted, That the said commissioners, before they proceed to the execution of the powers vested in Commission them by this act, shall be severally sworn or affirmed, before one of the Judges of the inferior court of Common Pleas of ers to be sworn the connty of Middlesex, that they will honestly, faithfully, and impartially make the partition intended by this act, to the best of their skill, knowledge and judgment. or affirmed. Proceedings to be recorded. Sec. 4. And be it enacted, That the said commissioners shall transmit a copy of this act, and their oath or affirmation, properly certified by the officer administering the same; and the field-book, and their accounts, and all their proceedings, to the judges of the court of Common Pleas of said county of Middlesex, in which the lands lie; who after inspecting the same, shall order the same, excepting the account of expenses, to be recorded in the clerk's office of the said county, which shall be good evidence of such partition. Passed, November 6, 1835. Preamble. Amount of capital. AN ACT to incorporate the Reiglesville Delaware Bridge WHEREAS it is represented to the Legislature, by the peti- 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 the capital stock of the Reiglesville Delaware Bridge Company shall amount to twenty thousand dollars, and that the same shall be divided into shares of fifty dollars each, and the subscribers to the said capital stock, shall pay the sum or sums of money for the share or shares by them respectively subscribed, at such periods, and in such proportions as the directors of the said company may determine. Sec. 2. And be enacted, That Philip Fine, Benjamin Reigel, Isaac N. Carpenter, Peter Tinsman and James Long, be, ers to receive and they are hereby appointed commissioners on the part of this state, who, with commissioners to be appointed by the Commission. commonwealth of Pennsylvania, shall be authorised to re- subscriptions ceive subscriptions to the said capital stock, at such times and for stock. places, as they or a majority of them may direct, giving notice thereof in two of the newspapers printed in the county of Bucks, in the state of Pennsylvania, and in two of the newspapers printed in the counties of Hunterdon and Warren, in this state, for at least twenty days, of the times and places when and where the said subscriptions shall be received, and at the time of subscribing for the said stock, five dollars shall be paid upon each share subscribed for, to the commissioners, or some of them, which money shall be paid over to the treasurer of the company, as soon as one shall be appointed, and that the residue of the subscriptions shall be paid in such instalments, and at such times and places, and to such persons as the president and directors of the compa- on failure to ny shall from time to time direct, and give public notice of, pay instal and upon failure of payment thereof as so directed for thirty ments. days thereafter, the said president and directors shall have power to forfeit the shares of each and every person failing to pay the said instalments, or any of them, to and for the use of the said company-Provided, that if the number of shares Proviso. subscribed for shall exceed the amount or number of shares authorised by this act to be subscribed for, that then the said commissioners shall apportion the said stock among such subscribers in proportion to the amount or number of shares by them subscribed as aforesaid. Stock forfeited Sec. 3. And be it enacted, That when two hundred shares are subscribed for, the persons holding the same, shall be, and poration. Style of incor. they are hereby incorporated into a company, by the name of "The Reiglesville Delaware Bridge Company," and by that name shall have perpetual succession, and shall be capable of taking and holding their said capital stock, and of enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, if such enlargement should be found necessary to fulfil the intent of this act; Provided, such increase does not, with the original subscription, exceed the aforesaid capital of twenty thousand dollars, and the increase and profits, and of purchasing, tak- Real estate ing and holding to them and their successors and assigns, in may be held. fee simple, or for any less estate, all such lands, tenements, hereditaments and estates real and personal as may be necessary and convenient to them, in the prosecution of their works, and the same to sell and dispose of at their pleasure, and of suing and being sued, pleading and being impleaded, in all courts of justice or any other place whatever. B Mode of organising the company. Sec. 4. And be it enacted, That as soon as two hundred shares of the said capital stock shall be subscribed as aforesaid, it shall be the duty of the said commissioners to give notice in two or more of the newspapers printed in the county of Bucks, in the state of Pennsylvania, and in the counties of Hunterdon and Warren, in this state, of a time and place by them to be appointed, not less than thirty days from the time of issuing the said notice, at which time and place the said stockholders shall proceed to organize the said company, and shall choose by ballot, in person or by proxy, one president, six directors, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company, for one year, and until other officers shall be appointed; and may make such by-laws and regulations, not inconsistent with the laws and constitution of this state, or of the United States, as shall be necesssary for well ordering the affairs of the said company-Provided, That no person shall have more than twenty votes at an election, or determining any question arising at such meetings, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share by him held, not exMode of voting ceeding ten; and one vote for every two shares above ten, and not exceeding twenty, and one vote for every five shares above twenty until the number of votes amount to twenty. Proviso. Sec. 5. And be it enacted, That the stockholders shall Annual moet. meet on the first Monday in November, in every succeeding ing. year, at such place as shall be fixed by the by-laws of said company, for the purpose of choosing such officers for the ensuing year. sued. Sec. 6. And be it enacted, That the president and direcCertificate of tors first to be chosen as aforesaid, shall issue certificates of stock to be is- stock to the several stockholders, respectively signed by the president, and countersigned by the treasurer of the said company, which certificates shall be transferable at his or her pleasure, in person or by attorney, subject however to the payments due and that may grow due thereon, and the assignee holding any certificate having first caused the assignment or transfer to be entered in a book of the company, to be kept by the treasurer for that purpose, shall for every share of stock so held by him or her, be entitled to his or her equal proportion of the said capital stock, and of all the estates and emoluments of the company, and to vote as aforesaid, at the meetings thereof. Powers and Sec. 7. And be it enacted, That the said president and diduties of presi- rectors shall meet at such times and places, and be convened dent and direc- in such manner as shall be agreed on, for transacting their business; at such meetings five members shall be a quorum, tors. who, in the absence of the president, may choose a chairman and shall keep minutes of all their transactions fairly entered in a book, and a quorum being met they shall have full power and authority to agree with and appoint such engineers, superintendents, artists, and other officers as they shall think necessary to carry on the said bridge, and to complete the same, and fix their salaries and other wages, to determine the time, manner and proportions in which the stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for all moneys that may be required, the same to be signed by the president or chairman and countersigned by he clerk of the board, and to do and transact all matters and things as by the by-laws or regulations of the said company shall be lawful. when the com Sec. 8. And be it enacted, That after the place for the erection of the said bridge shall be fixed, and before the said president and directors shall proceed to erect the same, it Proceedings shall and may be lawful for the said president and directors pany, and to contract and agree with the owner or owners of any lands owners of and tenements for the purchase of so much thereof as shall be lands, cannot necessary for the purpose of erecting and perfecting the said agree. bridge, and making and establishing all the necessary works and roads to and from the same, if they can agree with the owner or owners of the same; but in case they cannot agree, then it shall and may be lawful for the said president and directors to apply to one of the justices of the Supreme Court of this state, not being a stockholder or otherwise interested, who, upon such application, is hereby authorised and directed to appoint three discreet and disinterested freeholders of this state, who, after being duly sworn or affirmed before any justice of the peace, faithfully to perform the duties enjoined on them by this act, shall proceed to view and examine the said banks, and all such lands and tenements as shall be necessary for the purpose of erecting and perfecting the said bridge, and making and establishing all necessary works and roads to and from the same, and shall according to the best of their skill and judgment, ascertain and estimate the injury and damage that will be sustained by the owner or owners of such lands and tenements so necessary to be taken as aforesaid; and shall report what sum shall be paid by the said. company for the same, which report shall be made in writing, under their hands and seals, or under the hands and seals of any two of them; and shall return the same, together with a map describing the metes and bounds of such lands and tenements, to the Supreme Court next after they shall have agreed upon and signed the same; and the said report having been confirmed by the said Supreme Court, shall be filed |