Names of

corporators.

establishment and to prescribe the duties of companies for manufacturing and other purposes,' approved March second, eighteen hundred and forty-nine," which supplement extended the original act to such persons as might associate themselves into a company for the transportation of goods, merchandize or passengers, did make a certificate in writing, under their hands and seals, setting forth as prescribed in said original act, which certificate was duly proved or acknowledged, and on the twenty-sixth day of November, Anno Domini, eighteen hundred and fifty-nine, recorded in the clerk's office of the county of Hudson, and by which certificate they assumed the name of the Hoboken and Weehawken Horse Railroad Company; and whereas, an ordinance of the mayor and common council of the city of Hoboken, approved January fourth, eighteen hundred and sixty, entitled "An ordinance to authorize, license and permit the Hoboken and Weehawken Horse Railroad Company to lay tracks and run cars thereon, in the city of Hoboken," ordained that it should be lawful for, and license and permission was thereby given to, the Hoboken and Weehawken Horse Railroad Company, and their successors, to lay a double track of iron rails in the city of Hoboken, with proper turn-outs, to connect with any other railroad or roads, and to run railroad cars thereon in the streets in said ordinance mentioned, upon certain conditions and stipulations therein mentioned-therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the said John H. Bonn, Nicholas Goelz, Peter Mechler, William Hexamer, Charles Spielmann and Jacob Schweitzer, and their successors, and such others as shall hereafter become stockholders in said corporation shall be, and they and their successors are hereby made and declared to be a body corporate and politic, in fact and in law, by the said name of the Hoboken and Weehawken Horse Railroad Company, from the day of the date of the recording of such certificate; and that the said making and recording of said certificate shall be construed in all courts

and places as effectual to create said persons a body corporate, and as such shall continue for the term of thirty years, and be capable of purchasing, holding, selling and conveying any lands, tenements, goods and chattels whatsoever, necessary or expedient for the objects of said corporation; pro- Proviso. vided however, that nothing in this act shall be construed to release said company from its obligations heretofore contracted, but all debts and liabilities thereof, and all rights of property, and all franchises and powers to them given or granted, shall be and remain the property of this corporation.

capital stock.

2. And be it enacted, That the capital of said company Amount of shall be three hundred thousand dollars, instead of one hundred thousand dollars mentioned in said certificate, and the whole capital shall be divided into shares of ten dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct; that the original stockholders of the said company shall, on surrender of their old stock, receive credit on account of any new stock they shall subscribe for, to the amount paid on the old stock.

ers to receive

3. And be it enacted, That Samuel Westcott, Garret Van CommissionHorn, John H. Bonn, Nicholas Goelz, Peter Mechler, Jacob subscriptions. Schweitzer, William Hexamer and Charles Spielmann, or a 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, and to be paid in at such times, in such manner, and in such installments as they, or a majority of them, may think proper, thirty days' previous notice having been first given, by publishing the same in one or more newspapers published in the county of Hudson; and in case of failure by any stockholder, after having received thirty days' notice, 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 so be provided by the by-laws, shall incur a forfeiture of his or her shares, and all previous payments, to the use of said company.

First directors

Annual clection of directors.

Directors to make by-laws.

4. And be it enacted, That the said Samuel Westcott, Garret Van Horn, John H. Bonn, Charles Spielmann, Nicholas Goelz, Peter Mechler, Jacob Schweitzer, William Hexamer, and as many other persons, if any, as they, or a majority of hem, may think proper, shall be and are hereby appointed the first board of directors, to serve until the second Saturday in January next, and until others shall be elected 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.

5. And be it enacted, That there shall be an annual election of directors on the second Saturday of January next, and on the second Saturday of January 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 that at such election every share of stock shall entitle the holder thereof to one vote, which vote may be given in person or by proxy; 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 for that cause be deemed to be dissolved, and such election shall be held at such other time and place as the board for the time being shall or may appoint, and the directors for the time being shall continue in office until new ones shall be elected in their stead, and every board of directors, as soon as conveniently may be after their election, shall appoint from their number a president, a secretary, and a treasurer of said company, to serve until the then next annual election of directors, and until others shall be appointed in their stead; that the said president shall preside at all meetings of the board, except in cases of his absence, when any other of the directors present may be chosen president pro tempore, who shall have such power as the by-laws of the corporation shall prescribe. 6. And be it enacted, That the board of directors, or a majority of them, shall have power to make, prescribe, and to

alter such by-laws, rules and regulations of the business, stock, property, estate and effects of said corporation, as to them shall appear needful and proper, and not contrary to the laws or constitution of this state, or of the United States, and shall have power to appoint such officers, clerks and servants, as to them shall seem necessary, and to establish and fix such salaries thereto as to them shall seem proper.

thorized to

7. And be it enacted, That it shall be lawful for the said Company aucompany to take and appropriate, in the manner hereinafter construct road mentioned, all lands, rights, privileges and property, necessary for carrying into effect the objects of this act, upon making payment therefor, and damages to the owners thereof, and that the said corporation be and they are hereby authorized and invested with all the rights and powers necessary and expedient to survey, lay out and construct, maintain and operate a horse railroad, from some point in the city of Hoboken, at or near the present ferry gates, through such streets of said city as by said ordinance are designated, or may hereafter by the mayor and council of the city of Hoboken be designated and allowed, through the township of Weehawken, and through that part of the township of North Bergen which lies north of the northerly line of the present village of West Hobohen; provided however, that the said Proviso. railroad shall not, north of Eighth street in said city, be constructed in the township of Weehawken, easterly of the easterly line of Washington street, or what would be the easterly line of Washington street, if the same were continued in a straight line northerly; nor shall the said road exceed thirty feet in width, except in such places where from the depth of excavation or the height of the embankment it is necessary to take more land, in which cases so much land as may be necessary for the purpose, and no more, shall be taken; and it shall be lawful for the said president and directors, their agents, engineers and superintendents, and others in their employ, to enter at all times upon all 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

Road not to approach

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 the 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.

8. And be it enacted, That the said railroad shall not apwithin certain proach to within one hundred and fifty fect of high water

distance of

high water

mark.

Proceedings when company and

owners cannot agree.

mark on the Hudson river, without first having obtained in writing, the consent of the owner or owners of the property lying along the river at that point.

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, rights, privileges and property 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, rights, privileges and property 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 common pleas of the county of Hudson, 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