Former acts repealed.

Act, when to take effect.

given to the lowest bidder, he or they giving ample security for doing the same according to contract.

128. And be it enacted, That from and after the passage of this act, all acts and parts of acts inconsistent with or repugnant to this act, are hereby repealed; but nothing herein contained shall be construed so as to destroy, impair or take away any right or remedy acquired or given by any act hereby repealed; and all proceedings commenced under any such former act, shall and may be carried out and completed, and all prosecutions for any offence committed or penalty or forfeiture incurred, shall be carried on in all respects in the same manner and with the same effect as though this act had not been passed.

129. And be it enacted, That this act be deemed and taken to be a public act, and the legislature may at any time alter, modify or repeal the same, and that it shall not take effect until it shall have been published in a newspaper printed and published or circulating in said city, and the electors of the said city of Elizabeth, at public elections called in the respective wards for the purpose of approving or rejecting the same, shall, by a vote of a majority of the electors present, and voting by ballot, determine to adopt the same; such election - shall be called forthwith by the mayor of the said city, to be held under the direction of the officers at the last annual state election held in said city, and at the same places and during the same hours, of which time and places the mayor aforesaid shall give at least one week's previous notice by advertisement in a newspaper of said city, and posting it in the respective wards; and the electors entitled to vote who are in favor of this act, shall each deposit a ballot with the words "New Charter" written or printed thereon; and those who are opposed, shall each deposit a ballot with the words "No New Charter" written or printed thereon; and a canvass and a return of the votes shall be made by the judges of election to the mayor of said city, who shall lay the same before the city council at their next meeting, whereupon said council shall, by a resolution, declare the result, and if it shall appear that

a majority of the said voters have voted to accept the new charter, then this act shall take effect from the declaration of said result.

Approved March 15, 1860.

CHAPTER CXXV.

AN ACT to incorporate the Belleville and Newark Horse Car Railroad Company.

Names of cor

1. BE IT ENACTED by the Senate and General Assembly of, the State of New Jersey, That Jonathan Bird, John Van porators. Renselaer, Oliver H. Perry, James McCracken, Charles L. C. Gifford, Adolphus W. Waldron, John Kennedy, John Eastwood, Horace H. Nichols, Alfred Keene, Cornelius W. Tolles, Samuel Adams and Theodore Sandford, and such other persons as may be hereafter associated with them, be and they are hereby ordained, constituted and declared to be a body politic and corporate, in fact and in law, by the name of the Belleville and Newark Horse Car Railroad Company," and shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels, necessary or proper for the objects of this corporation.

66

Amount of

2. And be it enacted, That the amount of the capital stock of said company shall be one hundred thousand dollars, with capital stock. the privilege of increasing the same to two hundred thousand

ers to receive

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 corporation shall by their by-laws direct.

Commission- 3. And be it enacted, That the above named persons, or a subscriptions. majority of them, shall be commissioners to open books to receive subscriptions to the capital stock of said company, at such time or times, and place or places, as they, or a majority of them, may think proper, giving at least twenty days' notice of the same in two of the newspapers published in the county of Essex; and at the time of subscribing for said stock ten per centum shall be paid upon the amount subscribed for, to the commissioners, or some one of them, and as soon as the sum of twenty-five thousand dollars of the capital stock is subscribed for, such commissioners shall give notice for a meeting of the stockholders, to choose eleven directors, a majority of whom shall be chosen from the above named commissioners, and shall be residents of this state; and such election shall be made at the time and place appointed, by such of the stockholders as shall attend for that purpose, either in person or by proxy, each share of the capital stock entitling the holder thereof to one vote; and the said abovenamed persons, or any three of them, shall be inspectors of the first election of directors of said corporation, and shall certify under their hands the names of those persons duly elected, and deliver over the subscription books and money paid in, deducting all expenses previously incurred, to the said directors; and the time and place of holding the first meeting of said directors shall be fixed by the said persons named in the first section of this act, or a majority of them; and the directors chosen at such meeting, or at the annual election of said corporation, shall, as soon as may be after every election, choose out of their own number a president, who shall be a resident of this state; 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 year in which they may happen, by the said board of direc

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.

not dissolved

elect on day

4. And be it enacted, That the number of the directors of Corporation the said company shall be eleven, a majority of whom shall for failure to be residents of the township of Belleville, and in case it shall prescribed. happen that an election of directors should not be made during the day when, pursuant to the by-laws of said company 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 giving at least twenty days' notice, in two of the newspapers published in the county aforesaid; and the directors for the time being shall continue to hold their offices until others shall have been chosen in

their place.

installments

5. And be it enacted, That a majority of the directors of Payment of said company shall be competent to transact all business of said corporation, and shall have power to call in the remaining stock of said company by such installments and at such times as they may direct, by giving thirty days' previous notice in two newspapers published in the county of Essex; provided, that no installment shall exceed ten dollars on each Proviso. share, and that no two installments shall be required to be paid within thirty days of each other; and in case of the nonpayment of said installments, or any one of them, they shall have power to forfeit the share or shares upon which said. default shall arise, to the said corporation; and the said directors shall have power to make and prescribe such bylaws, rules and regulations as to them shall appear useful and proper, touching the management and regulation of the stock, property, estate, effects and business of the said corporation, and also shall have power to appoint such officers, clerks and servants, as to them shall seem meet, and to establish and fix such salaries to them and to the president as to the said directors shall seem proper.

thorized to

Company au- 6. And be it enacted, That the president and directors of construct road the said company be, and they are hereby authorized and invested with all the rights and powers necessary and expedient to survey, lay out and construct a railroad from some suitable point in the township of Belleville, to some suitable point on Broad street, in the city of Newark, and thence along the line of said street to the Morris and Essex depot, and to locate 'and construct said railroad, not exceeding one hundred feet in width; and it shall be lawful for said president and directors, their agents, engineers, superintendents, and others in their employ, to enter at all times upon lands for the purpose of exploring, leveling, surveying and laying out the route of such railroad, and of locating the same, and to make and erect all necessary works, buildings and appendages thereof, doing no unnecessary damage to private property; and when the route and location of said railroad shall have been determined upon, and a survey thereof 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, use, occupy and excavate any such lands, and to erect embankments and all other necessary works thereon, and to lay rails and to do all other things which may be suitable and necessary for the completion or repairs of the said railroad, and to carry into full effect the objects of this act, subject to such compensation and upon such terms as are hereinafter provided for. 7. And be it enacted, That if the said railroad shall be streets with located on any public street or highway, except for the purpose of crossing the same, in the city of Newark, the said company shall not lay any rails along said streets or highways, nor commence the work for that purpose, without first obtaining the permission of the common council of said city, upon such conditions and restrictions as the said common council may designate to lay the same; and if the said railroad shall be located on any public highway, except for the purpose of crossing the same, in the township of Belleville,

Rails not to be laid on public

out permission