Proviso. Officers of association. Proviso. Objects of association. members elected shall proceed to divide themselves into three equal classes, one of which shall go out of office at the expiration of one year, and another at the expiration of two years, and another at the expiration of three years, and on the first Monday of January in each year thereafter there shall be elected six persons as managers, who shall hold their offices for three years, and until others shall be elected in their stead, which election shall be held under the direction of the managers for the time being, at such place and upon such notice as they shall think expedient, and in case any vacancy shall happen in the said managers, by death, removal, resignation or otherwise, such vacancy may be filled by the said board for the remainder of the term, or until the next election; provided, no person shall vote at any such election other than the regular members of the said corporation, who shall have subscribed their names to its constitution, and paid at least one dollar during the year next preceding such election for the use of the said corporation, or shall have paid twenty-five dollars at one time, which shall constitute. her a life member, and a majority of such members voting at any such election shall be required for the election of such managers, and the persons named in the first section of this act shall constitute the first managers of the said corporation. 3. And be it enacted, That the said board shall, as soon as conveniently may be after the passage of this act, and after every annual election, choose by ballot from their own number a president and a vice president, a secretary and a treasurer, and the duties and powers of the said officers, the qualifications of membership, and of all officers of the said corporation, shall be defined by the constitution and by-laws of the said corporation; provided, that the treasurer shall enter into such security as by the by-laws of the said corporation shall be required. 4. And be it enacted, That the object of the said corporation shall be to provide and sustain a home for destitute children, and to afford them the advantages of moral, religious and useful training. place children 5. And be it enacted, That in all cases where a child shall society may have been surrendered by its natural or other legal guardians at service, &c. to the care and management of the society, by any instrument or declaration in writing, it shall be lawful for the said board of managers at their discretion to place such child or children with such persons as may desire to adopt them, or at service in some suitable employment, and with some proper person or persons; provided, that in all such cases the inden- Proviso. ture shall contain the same covenants required by the twelfth section of the act for the settlement and relief of the poor, and any additional covenants which may hereafter be required by statute, and shall be approved of by the mayor or one of the justices of the peace of the city of Trenton, which approval shall be signified on said indenture by the signature of such mayor or justice. children to 6. And be it enacted, That in case of the death or legal Surrender of incapacity of a father, or of his imprisonment for crime, or of society. his abandoning and neglecting to provide for his family, the mother shall be deemed the legal guardian of her children for the purpose of making such surrender as aforesaid; and if in any such case the mother be also dead, or legally incapable of acting, or imprisoned for crime, the mayor or one of the justices of the peace of the city of Trenton shall be, by virtue of his office, the legal guardian for the like purpose; and so in all cases where it cannot be ascertained by diligent inquiry, that there is within the state any parent or other person legally authorized to act in the premises, the said mayor or any justice of the peace aforesaid shall be ex officio such guardian for the same purpose; and such guardianship shall extend as well to children already in the Home of said society as to those who may be hereafter offered for admission or received therein; and in either case, whether such surrender be made by the mother, or by the mayor, or by a justice of the peace of said city, and whether before or after admission into the Home it shall be deemed a legal surrender for the purposes, and within the true intent and meaning of the fifth section of this act; but no surrender by a mother, as provided Board of counsellors. Election of board of counsellors. Property not able to taxaio n. by this section, shall be valid without the approval of the mayor or one of the justices of the peace of the said city, signified on such surrender by the signature of such mayor or such justice. 7. And be it enacted, That there shall be a board of counsellors, consisting of six male members, whose duty it shall be to advise the board of managers of said corporation from time to time in regard to the business of the association; four counsellors shall be a quorum for the transaction of business; no purchase, or sale, or lease, or mortgage, or other incumbrance of real estate shall be taken or made by said corporation without the approval of a majority of the board of counsellors, duly certified in writing by the secretary of said board. 8. And be it enacted, That Stacy G. Potts, John R. Dill, James T. Sherman, John A. Roebling, Daniel P. Forst and Isaac Stevens, shall compose the first board of counsellors, and shall act until the next annual meeting of said 'association or corporate body, and until their successors shall be elected; and on the first Monday in January next the said association shall elect six male members, residents of the city of Trenton, as a board of counsellors, and at the first or subsequent meeting of such board of counsellors after said election they shall proceed to divide themselves into three equal classes, one of which shall go out of office at the expiration of one year, another at the expiration of two years, and another at the expiration of three years; and at the same time of the election of managers, and subject to the same regulations, there shall be elected two male members as counsellors, who shall hold their office for three years, and until others shall be elected in their stead; and in case any vacancy shall happen in the said counsellors by death, removal, resignation or otherwise, such vacancy may be filled by the board of managers for the remainder of the term. 9. And be it enacted, That the property and effects of the said corporation held or used for the purposes contemplated by this act, shall not be subject to the imposition of any tax. ty of husban.is 10. And be it enacted, That the husband of any married Accountabperson, who is or may be a member or officer of the said cor- of members. poration, shall not be liable to the said corporation for any loss occasioned by the neglect or misfeasance of his wife, or upon any subscription or engagement of his wife; but shall be accountable to the said corporation for any money received from his wife belonging to said corporation. 11. And be it enacted, That this act be and is hereby de- Public act. clared a public act, and that it shall be lawful for the senate and general assembly of this state at any time hereafter to amend, repeal or modify this act, as they shall think proper. 12. And be it enacted, That this act shall take effect immediately. Approved February 21, 1860. CHAPTER LIII. AN ACT to incorporate the Hamilton Square Cemetery Company. porators. 1. BE IT ENACTED by the Senate and General Assembly of Names of corthe State of New Jersey, That William D. Sinclair, William H. West, and John C. Sinclair, and their associates, be and they are hereby constituted a body politic and corporate in law, by the name of "the Hamilton Square Cemetery Company," with the general powers and privileges of a corpora tion. authorized to Corporation 2. And be it enacted, That the said corporation shall have purchase land. power to purchase and hold in fee a tract of land not exceeding two acres, situate in the township of Hamilton, in the county of Mercer, and to hold, occupy, and improve the same, as a cemetery, and to lay out and divide the said tract so purchased, into sub-lots, and to sell and dispose thereof for the purpose of burial, subject to such conditions, regulations, and restrictions as may be established by the said corpora Members of corporation. Election of managers. General pow. ers. tion. 3. And be it enacted, That the said corporation shall be composed only of such persons as shall be owners of burial lots in said cemetery; and in all elections for managers, every person of full age who shall be proprietor of any lot, or if there be more than one proprietor of any lot, then such person as the majority of such joint proprietors shall designate to represent such lot, may give one vote for each lot owned by him or them. 4. And be it enacted, That the affairs of said company shall be managed by a board of three managers; the first board shall be composed of the persons above named as corporators, whose term of office shall continue until the first Monday in February, eighteen hundred and sixtyone, on which day, and annually thereafter, on such day, at such place, and subject to such regulations as the said corporation shall prescribe, an election for three managers shall be held, who shall hold their offices for one year and until others are chosen in their stead. 5. And be it enacted, That the said corporation shall have the powers, privileges, and immunities, and be subject to the restrictions and limitations, contained in the eighth, ninth, tenth, and eleventh sections of the act entitled "An act authorizing the incorporation of rural cemetery associations," approved March fourteenth, eighteen hundred and fifty-one, and that the provisions of the said several sections shall be deemed and taken as part and parcel of this act. Approved February 21, 1860. |