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order him to recognize for appearance to testify on the trial of any indictment found or to be found; and provided further, proviso. that all such process not ordered by the grand jury shall be endorsed with his approval by the prosecutor of the pleas for said county, or by the attorney-general of the state.
7. And be it enacted, That this act shall take effect immediately.
Approved March 22, 1860.
AN ACT to repeal the charter of the Paterson and Hamburgh Turnpike Company.
WHEREAs, the president and directors of the Paterson and Preamble. Hamburgh Turnpike Company have for more than fifty years maintained a turnpike road from the Delaware river to the Passaic river, at Auquackanonk; and whereas, in consequence of the great expense of making and maintaining a road through such a mountainous section of country, and also the great expense of keeping the great number of bridges in repair, so that all the receipts of the road have been expended in repairs, and nothing paid in dividends to the stockholders, and in consequence of numerous railroads leading the travel from said road, so that the re
ceipts are not sufficient to keep the said turnpike road and
bridges in satisfactory repair, therefore it was unanimously resolved at the last annual meeting of the stockholders of the Paterson and Hamburgh Turnpike Company, held at Newfoundland on the tenth of May last, as follows: “That if the board of directors considered it advisable to surrender the said road to the public, to be held as a public highway, they were authorized and instructed to make the application to your honorable body to grant the same;— therefore, Charter re- '1. BE IT ENACTED by the Senate and General Assembly of pealed. the State of New Jersey, That the charter of the Paterson and Hamburgh Turnpike Company, passed the sixth of March, eighteen hundred and six, and all the supplements which have been passed since that time, authorizing the building of a turnpike road from the Passaic river at Auquackanonk to the Delaware river, opposite Milford, be and the same are hereby repealed. Foo. 2. And be it enacted, That all that part of the said turn*...* * pike road between the city of Paterson, through the counties of Passaic, Morris and Sussex, to the small brook at the foot of the Hamburgh mountain, on the west side of the same, shall hereafter be deemed and taken as a public highway, and shall be worked and kept in order in the same manner as other highways and bridges are built, maintained and kept in order in this state. Ast, when to 3. And be it enacted, That this act shall take effect on the take effect. second Tuesday of May next. Approved March 22, 1860
AN ACT to incorporate the Westfield and Hackensack Horse Railroad Company.
1. BE IT ENACTED by the Senate and General Assembly of Soo the State of New Jersey, That Jacob P. Westervelt, Peter Westervelt, junior, Peter W. B. Demarest, George C. Demarest, Peter Bogert, junior, Samuel S. Demarest, Jacob C. Terhune, Richard W. Earl, Abraham Bartholf, Casper P. Westervelt, John W. H. Terhune, Henry J. Demott, Jacob H. Kipp, Casper J. Westervelt, Albert Z. Bogert, Peter D. Moore, Jacob H. Brinkerhoff, Nicholas C. Westervelt, Peter Van Houten, and Barney Romaine, and such other persons as may hereafter be associated with them, shall be and they are hereby ordained, constituted, and made a body politic and corporate, in fact and in law, by the name of “the Westfield and Hackensack Horse Railroad Company,” and shall be capable of purchasing, holding, and conveying any lands, tenements, goods, and chattels whatsoever, necessary or expedient for the objects of this corporation.
2. And be it enacted, That the amount of capital stock amount or of said company shall be fifty thousand dollars, with the pri-** vilege of increasing the same to one hundred thousand dollars, and shall be divided into shares of fifty dollars, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct. 3. And be it enacted, That the above named persons, or a commission. majority of them, shall be commissioners to open books to: 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 two weeks' notice of the same in a newspaper published in the county of Bergen, and if more than fifty thousand dollars of stock be sub
scribed, it shall be the duty of the said commissioners to make a fair and just apportionment of the stock among the subscribers in such manner as they may think best calculated to secure the speedy construction of said road.
Corporation not dissolved for failure to elect on day prescri
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 fifteen thousand dollars of the capital stock is subscribed for, the persons named in the first section of this act, or a majority of them, shall call a meeting of the stockhold. ers, upon like notice as above, to choose seven directors, and the said commissioners, or a majority of them, shall be inspectors of said election of the first directors of said corporation, and shall certify under their hands the names of the directors duly elected, and deliver over to them the subscription books and money paid in, after deducting their expenses and a reasonable compensation for their services, and that annually thereafter, upon like notice being given by the directors for the time being, the stockholders shall in the same manner elect seven directors; and the first directors, as soon as convenient after their election, and the directors chosen at every annual election of said company, shall 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 a majority of the said directors, and in the absence of the said president, a majority of the said directors may appoint a president pro tempore, who shall have such powers and functions as the by-laws of said company shall provide.
5. And be it enacted, That in case it shall happen that an election of directors should not be made during the day when, pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed dissolved, but such election may be held at any other time, on notice as aforesaid, and the directors for the time being shall continue in office until others shall have been chosen in their place.
6. And be it enacted, That a majority of the directors of so. said company shall be competent to transact all business of the 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 at least two weeks' previous notice in a newspaper published in the county of Bergen; provided, that no installment shall exceed ten dol-Proviso. lars on each share, and that no two installments shall be required to be paid within two weeks of each other; and in case of the non-payment 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 by-laws 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.
7. And be it enacted, That the president and directors of flow the said company be and they are hereby authorized and in-joo." vested with all the rights and powers necessary and expedient to survey, lay out and construct a railroad from some suitable point at or near the Fort Lee station, on the northern railroad of New Jersey, in the county of Bergen, to some suitable point in Passaic street, in the village of Hackensack, with one or more branches in said village; and to locate and construct said railroad, not exceeding one hundred feet in width; and it shall be lawful for the 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, doing no unnecessary damage to private property; and when the route and location of said railroad shall have been deter