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CHAPTER CXCV.

AN ACT to incorporate the Westfield and Hackensack Horse Railroad Company.

porators.

1. BE IT ENACTED by the Senate and General Assembly of Names of cor the State of New Jersey, That Jacob P. Westervelt, Peter Westervelt, junior, Peter V. B. Demarest, George C. Demarest, Peter Bogert, junior, Samuel S. Demarest, Jacob C. Terhune, Richard W. Earl, Abraham Bartholf, Casper P. Westervelt, John V. 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.

capital stock

2. And be it enacted, That the amount of capital stock Amount of of said company shall be fifty thousand dollars, with the privilege 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.

ers to receive

3. And be it enacted, That the above named persons, or a commissionmajority of them, shall be commissioners to open books to subscriptions. 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

rectors.

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.

Election of di-] 4. And be it enacted, That 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 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 stockholders, 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.

Corporation

not dissolved

elect on day prescribed.

5. And be it enacted, That in case it shall happen that an for failure to 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.

installments.

6. And be it enacted, That a majority of the directors of Payment of 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.

thorized to construct railroad.

7. And be it enacted, That the president and directors of Company authe 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 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

Construction of road.

Proviso.

Proceedings when company and

owners can

not agree.

mined 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 land, 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.

8. And be it enacted, That the said railroad shall cross the Hackensack river upon, or immediately adjoining, the public bridge over the same in the south part of the village of Hackensack, so as not to obstruct navigation unnecessarily; and that the said railroad and the rails thereof shall be constructed and maintained in such manner, and of such size and pattern as to impair as little as practicable the ordinary travel in any street or highway in which the said road may be located and that the track of said road shall be restricted to the run or track of wagons as now established by law of this state; provided, that before any part of said bridge shall be occupied or used by said railroad, the consent of the board of chosen freeholders of the county of Bergen shall be first obtained for that purpose.

9. And be it enacted, That if the said company or its agent or agents, cannot agree with the owner or owners of such required land for the use or purchase thereof; or if, by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land so required for the use of the said company in the construction of the said road, shall be given in writing, under the oath or affirmation of some engineer or proper agent of said company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners if known, and their residence, if the same can be ascertained, to one of the judges of the inferior court of com

mon pleas of the county of Bergen, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, or if unknown or out of this state, to make publication thereof, as he shall direct, for any time not less than ten days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time and place, upon satisfactory evidence to him of the service or publication of such notice as aforesaid, he shall appoint under his hand and seal three disinterested, impartial and judicious freeholders, residents of this state, commissioners to examine and appraise the said lands and assess the damages, upon such notice (not less than ten days) to be given to the persons interested or otherwise, as shall be directed by the judge making the appointment of commissioners; and it shall be the duty of said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer the same, faithfully and impartially to examine the matter in question, and make a true report according to the best of their skill and understanding, to meet at the time and place appointed, and to proceed to view and examine the said land, and to make a just and equitable appraisement of the value of the same, and an assessment of the damages to be paid by the said company, which report shall be made in writing, under the hands and seals of said commissioners, or any two of them, and filed within twenty days thereafter, together with the aforesaid description of the lands and the appointments and oaths or affirmations aforesaid, in the clerk's office of said county, to remain of record therein, which report, or in case of an appeal, the verdict of a jury and the judgment of the court, and a copy thereof, certified by the clerk of said county, (the damages and costs assessed and adjudged being first paid as hereinafter mentioned,) shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the said lands; and either of the judges of the said court shall, on application of either party, on reasonable notice to the other, tax and allow such costs, fees and ex

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