and all elections for directors shall be by ballot of the stockholders, or their proxies, allowing one vote for each share which they shall have held in his, her, or their name or names, at least fourteen days before the time of voting.

5. And be it enacted, That if, at any time, an election is

not held on the day appointed, the corporation shall not be dissolved for that cause, but an election may be held at any other time in manner provided by law in such cases, and the directors for the time being shall continue to hold their offices until others are elected in their stead, and shall have the same power for the time being as if they had been re-elected on the day by this act appointed.

Corporation not dissolved

for failure to prescribed.

elect on day

6. And be it enacted, That the directors for the time being, Quorum. or a majority of them, shall form a board and be a quorum for the transaction of business.

ferable.

7. And be it enacted, That the stock of the corporation Stock transshall be transferable, according to the by-laws and regulations of the corporation, and shall be considered personal property, and the stock and transfer books shall be open at all times to the inspection of the stockholders.

injuring works

8. And be it enacted, That if any person or persons shall Penalty for wilfully do, or cause to be done any act or acts whatever, thereby to injure any conduit, pipe, cock, machine, or structure whatsoever, or anything appertaining to the works of the said corporation, or whereby the same may be stopped, obstructed or injured, the person or persons so offending, shall be considered guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding three hundred dollars, or imprisonment at hard labor not exceeding two years, or both; provided, such criminal prosecution shall Proviso. not in any wise impair the right of action for damages, by a civil suit, hereby authorized to be brought for any such injury aforesaid, by and in the name of the said corporation, in any court of this state having cognizance of the same.

Books of account to be

9. And be it enacted, That the said company shall cause to be kept at their office proper books of account, in which kept. shall be fairly and truly entered all the transactions of the

Limitation.

said company, which books shall be at all times open for the inspection of the stockholders.

10. And be it enacted, That this act shall continue in force for thirty years, and the said corporation shall possess the general powers and be subject to the restrictions and liabilities contained in the act entitled, "An act concerning corporations," approved February fourteenth, eighteen hundred and forty-six, so far as the same are applicable.

11. And be it enacted, That this act shall take effect immediately.

Approved March 21, 1860.

Twenty-sixth section of act. amended.

Proviso.

CHAPTER CXC.

A supplement to an act entitled "An act to incorporate Jersey City."

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the twenty-sixth section of an act entitled "An act to incorporate Jersey City," approved March eighteen, eighteen hundred and fifty-one, be amended by adding at the end of the same the words following, viz: provided, that the officers and members of the police department shall be nominated by the mayor of said city and confirmed by the common council by at least nine concurring votes, and that they shall hold office during good behaviour.

mer act repealed.

2. And be it enacted, That all acts and parts of acts in Part of for anywise inconsistent with this act are hereby repealed. Approved March 21, 1860.

CHAPTER CXCI.

AN ACT to protect fish in Hunt's Pond in the oounty of Sussex.

taking fish in

sons.

1. BE IT ENACTED by the Senate and General Assembly of Penalty for the State of New Jersey, That no person or persons shall be certain seapermitted to catch, kill or otherwise destroy any fish in Hunt's Pond, in the township of Green and Stillwater in this state, between the twentieth day of November and the first day of April next thereafter, in each and every year, under a penalty of ten dollars for each and every offence, to be sued for in an action of debt in any court of competent jurisdiction, and recovered, with costs of suit, by any person who will sue for the same, the one-half thereof for his own use, and the other half for the use of the poor of the township of Green aforesaid.

2. And be it enacted, That this act shall take effect immediately.

Approved March 22, 1860.

Names of corporators.

Amount of capital stock.

CHAPTER CXCII.

AN ACT to incorporate the "Newton Cemetery Company."

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Robert Hamilton, Edward C. Moore, Michael B. Titman, Moses W. Northrup, Daniel S. Anderson, Samuel Cassady, Nathaniel Pettit, Thomas N. McCarter and Whitfield S. Johnson, and such other persons as shall hereafter become associated with them, be and they are hereby made and constituted a corporation and body politic, by the name of "the Newton Cemetery Company," and by that name shall have perpetual succession for the purpose of establishing, continuing and improving a cemetery, or place for the burial of the dead, in the township of Newton, in the county of Sussex, in this state; and for that purpose the said company may purchase and hold lands, not exceeding thirty acres, and inclose, survey, lay out and divide the same into lots, roads, paths and avenues, and erect and construct a chapel, vault, sexton's house, and other improvements thereon, and otherwise ornament the same, and sell and dispose of lots therein only for the burial of the dead; and to make and execute to the purchasers good and sufficient deeds therefor, under the common seal of said company, upon such conditions, limitations and restrictions, and with such powers and privileges as may be inserted in said deeds, and subject to such rules and regulations as may be made or provided by the by-laws of said company.

2. And be it enacted, That the capital stock of said company shall not exceed twenty thousand dollars, and shall be applied in purchasing, improving and ornamenting the lands of said company, and shall be divided into shares of twentyfive dollars each, and shall be subscribed for and paid in at

such time, in such manner, in such installments, and upon such notice as the said company by by-laws, or otherwise, may direct or appoint; and in case of failure by any stockholder to pay his or her installment or installments, at the time and place mentioned and appointed for the payment thereof, such stockholders, if it shall be so provided by the by-laws, shall incur a forfeiture of his or her shares, and all previous payments, to the use of said company.

3. And be it enacted, That the said Robert Hamilton, First directors. Edward C. Moore, Michael B. Titman, Moses W. Northrup, Daniel S. Anderson, Samuel Cassady, Nathaniel Pettit, Thomas N. McCarter and Whitfield S. Johnson, shall be and are hereby appointed the first board of directors, to serve until the first Monday in May next, and until others shall be elected in their stead; and the said Robert Hamilton shall be the president, and the said Edward C. Moore shall be the treasurer, and the said Daniel S. Anderson shall be the secretary of said company, until the first Monday in May next, and until others shall be elected or appointed in their stead; and that the board of directors shall consist of such number as may be prescribed by the by-laws of the company.

4. And be it enacted, That the capital stock of said comshall be deemed and considered personal property, and pany shall be transferable in such way as the by-laws of said company may direct; and that every share of stock shall be entitled to one vote by the holder or holders thereof, which votes may be given in person or by proxy.

Stock trans

ferable.

election of

5. And be it enacted, That there shall be an annual election Annual of directors on the first Monday of May next, and on the first directors. Monday of May of each year thereafter, at such hour of said day, and such place, and upon such notice, as shall be ordained by the by-laws or otherwise appointed by said company; and the board of directors shall appoint the judge of such elections; but if it should happen that an election of directors should not be held at the time so appointed for the holding thereof, or at the time appointed for the holding of any subsequent annual election, the said company shall not