Shall cause inile stones to be erected toll posted. stones or posts to be erected and maintained, and on each stone or post shall be fairly and legibly marked the distance and rates of said stone or post is from Middletown, and shall cause to be fixed at the gates or turnpikes aforesaid in some conspicuous place a printed list of the rates of toll which may be lawfully demanded, and also a board on which shall be painted in large letters, "keep to the right as the law directs, penalty ten dollars.' Penalties for avoidance of toll. Penalty for taking illegal toll Penalty for obstructing road. 11. And be it enacted, That if any person shall wilfully break, throw down or deface any of the mile-stones or posts so erected on said turnpike road, or wilfully tear down or deface any of the printed rates of toll or directions, or shall cut, break down or destroy, or otherwise injure any gates, turnpikes or bridges that shall be erected pursuant to this act, or shall forcibly pass the same without having paid the legal toll at such gates or turnpikes, such person shall forfeit and pay the sum of ten dollars, besides being subject to an action for damages for the same, to be recovered by the said company by action of debt or other proper action in any court of competent jurisdiction, with costs of suit; and if any person with his or her carriage, team or vehicle turn out of said road to pass a gate or gates upon private grounds adjacent thereunto, with the intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five times as much as the legal toll would have been for passing through said gates, to be recovered by said company, for the use thereof in an action of debt, with costs of suit. 12. And be it enacted, That if the said company shall demand more to than is by this act established, it shall for every such offence forfeit and pay the sum of twenty dollars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so defrauded. 13. And be it enacted, That all drivers of carriages, sleighs or sleds, of every description, whether of burden or pleasure, or persons on horseback, using the said road shall keep their horses or vehicles on the right hand side of the road, free and clear from other vehicles or persons on horseback to pass; and if any person shall offend against this provision such person shall forfeit and pay the sum of ten dollars to any person who shall be obstructed in his or her passage and will sue for the same, and shall also be subject to an action for damages for every such offence to be recovered with cost of suit. when road and repair. 14. And be it enacted, That if the said company shall not Proceedings keep the road and bridges in repair, it shall be the duty of bridges are any judge of the court of common pleas of the county of not kept in Monmouth, upon complaint being made to him in writing, stating the bridge, or part of the road that is out of repair, specifying the particular defect; and after four days' notice. in writing to said company, specifying the particular part of the road or bridge, the particular defect complained of, and after hearing the parties, if the said company should not have mended or repaired the bridge or part of the road complained of, to appoint under his hand and seal three judicious, disinterested freeholders of the county of Monmouth, not residing in any township through which said road passes, who, having been duly qualified according to law to act impartially in the case, shall proceed to view and examine the said part of the turnpike road, or bridge so complained of, and report to the said judge in writing under their hands. and seals, or under the hands and seals of any two of them, whether it be in such state as the law requires it to be kept; and if the report be unfavorable to the said road, said judge shall immediately in writing, under his hand and seal, order the keeper of the gates or turnpikes established on the division complained of, to keep open the same until otherwise ordered, and if the said keeper shall, notwithstanding the order of the said judge to open said gate or turnpike, exact toll of travelers, the said company shall, for each offence, forfeit and pay twelve dollars, to be sued for by any person who shall prosecute for the same in an action of debt, with costs of suit; and the said judge shall be allowed for his services one dollar, and the persons appointed, one dollar each, to be paid by the company; and upon due proof before said judge that said company have repaired or mended said road or bridge in the particular complained of, he shall by license under his hand and seal directed to the toll-gatherers, permit the gates or turnpikes to be shut and the toll to be collected as before, and the same fee shall be allowed and paid as before directed; but if on view as before mentioned, the report of the persons appointed or a majority of them should be in favor of the company, the same fees shall be allowed as before prescribed, and be paid by the person or persons making the complaint. 15. And be it enacted, That the said company may con- Route of struct their said turnpike on and over the following route: turnpike. General pow ers. beginning at or near where the Keyport turnpike ends, in the village of Middletown, in the county of Monmouth, and running thence along or near the most direct public road to the village of Holmdel, in said county of Monmouth. ending at or near the turnpike leading from Holmdel to Keyport in the village of Holmdel; provided, that so much of any and all public roads as are followed and taken between the aforesaid termini of "The Middletown and Holmdel Turnpike road," be, and the same are hereby vacated as soon as this turnpike is organized. 16. And be it enacted, That this act shall take effect immediately, and that the said corporation shall possess the general powers and be subject to the restrictions and liabilities contained in the act entitled An Act concerning cor 66 porations," so far as the same are applicable. Names of corporators. Corporate name. CHAPTER CCCCL. An Act to incorporate the Dover Land and Building Association. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That George Richards, Columbus Beach, William H. Lambert, James H Simpson, Henry D. Van Nostrand, and all such persons as may hereafter be associated with them, their successors and assigns, shall be and the same are hereby constituted and declared a body corporate and politic, in fact and in law, by the name of the "Dover Land and Building Association," and by that name shall be capable in law of purchasing, using, letting, holding, improving, disposing of and conveying any lands, tenements, hereditaments and appurtenances thereto belonging, in the township of Randolph, county of Morris, goods and chattels, and of performing all other acts necessary or proper for accomplishing the objects of the said corporation hereby granted, and may receive and make all deeds, transfers, conveyances, covenants, grants, contracts, agreements and bargains whatsoever necessary for the said purposes. capital stock 2. And be it enacted, That the capital stock of the said Amount of company shall be one hundred thousand dollars, divided into shares of one hundred dollars each; but as soon as twentyfive thousand dollars of said stock shall have been subscribed and shall be paid in, or secured to be paid in, it shall be lawful to carry into effect the objects of said corporation, and it shall be lawful for the directors of said company to call and demand from the stockholders thereof, respectively, such installments, and at such times and in such proportions, and upon such notice as they may deem proper; and in case of failure by any stockholder to pay his or her installment or installments, as the case may be, at the time and place appointed for the payment thereof, or within thirty days thereafter, such stockholder shall, if the association shall so direct, incur a forfeiture of his or her share or shares, and of all previous payments made thereon for the use of the association. ferable. 3. Ar be it enacted, That the capital stock shall be Stock transdeemed personal property, and the said shares shall be transferable only on the books of the association, in such manner as the board of directors by their by-laws may direct, and every share of stock shall entitle the holder thereof to one vote, either in person or by proxy. tion of direc 4. And be it enacted, That the affairs of said association Annual elecshall be managed by a board of not less than five nor more tors. than nine directors, to be chosen by the stockholders annually, at such time and place, and in such manner as by the by-laws of said association may be directed, and who shall serve for one year and until others shall be chosen in their stead, notice of which election shall be given previously for two weeks at least in one of the newspapers published in the county where said election is to be held; that a majority of said board shall be a quorum to transact business; that the said directors shall from time to time elect a president out of their body, and shall also elect and employ such other officers as they may deem necessary; that said directors may fill vacancies in said board until the next annual election, and that the incorporators named in this act shall be the first directors of said association, who, or a majority of them, shall as soon as convenient after the passage of this act assemble and organize * by failure to said association, and shall continue in office until others, as hereinbefore directed, shall be chosen in their stead. Not dissolved 5. And be it enacted, That in case it shall at any time elect directors happen that an election of directors shall not be made on the day when, pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved, but it shall and may be lawful to hold such election on such other day as the directors of said corpora How dissolved Proviso. Limitation. Powers and restrictions. Principal office. tion shall direct. 6. And be it enacted, That the said association may be dissolved by a general meeting of the stockholders specially called for that purpose; provided, that at least three-fourths in value of the stockholders shall concur therein; and upon such dissolution the directors for the time being, and the survivor or survivors of them, or such persons as the stockholders shall appoint, shall be trustees for settling all the affairs of the association, collecting or disposing of its property, paying its debts, and dividing the surplus among the stockholders in proportion to their respective interests in the stock. 7. And be it enacted. That this act shall continue in force for thirty years, and it shall be lawful for the legislature of this state to alter, modify or repeal the same whenever the public good may require it. 8. And be it enacted, That 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, as far as applicable. 9. And be it enacted, That the principal office of said corporation shall be in Dover, in the county of Morris. 10. And be it enacted, That this shall take effect immediately. Approved March 17, 1870. |