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affected or impeded by the laying of the said pipes, or the erection of the said posts, and the streets, side and cross walks, public grounds, lanes and avenues, shall not be injured, but all be left in as good order and perfect condition as before the laying of the said pipes, or the erection of the said posts.

may make

&c.

2. And be it enacted, That the said company shall have the Company power and authority of entering into and executing such contracts, contracts, agreements or covenants in relation to the objects of this settlement, and of enforcing the same, and also such other powers and authorities as are given and granted by the first section of the act to which this is a supplement as may be necessary fully to carry out the purposes of this

act.

injuring

works.

3. 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, whereby any conduit, pipe, cock, machine, or structures whatsoever, or anything appertaining to the works of the said corporation situate in the said township of Clinton, 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, that such criminal prosecution shall not in Proviso. any wise impair the right of action for damages by a civil suit to be brought for any such injury as aforesaid, by and in the name of the said corporation, in any court of the state having cognizance of the same, which suit the said company are hereby authorized to commence and prosecute to final judgment and execution.

may be in

4. And be it enacted, That the said company shall have Capital stock power to increase their capital stock to the further amount creased. of one hundred thousand dollars, over and above the amount already authorized by law, which increased capital shall be subscribed and paid at such time or times and in the manner prescribed by the directors of said company.

5. And be it enacted, That this act shall take effect imme

diately.

Approved March 9, 1859.

Commis

sioners to

seriptions.

CHAPTER XCVI.

AN ACT to incorporate the Hightstown and Perrineville Turnpike

Company.

1. BE IT ENACTED by the Senate and General Assembly of receive sub- the State of New Jersey, That all such persons as shall become subscribers to the capital stock hereinafter mentioned, their successors and assigns, shall be and are hereby ordained and constituted and made a body politic and corporate, in fact and in law, by the name of "The Hightstown and Perrineville Turnpike Company," and that the following named persons, viz: William H. Mount, Edward C. Taylor, James C. Norris, Thomas Slack, E. T. R. Applegate, Thomas M. Perrine, Joseph J. Ely, or a majority of them, are hereby appointed commissioners to open the subscription books and receive subscriptions to the capital stock, at such time and places as they, or a majority of them, may direct, giving notice thereof at least twenty days prior to the opening of said books, by publishing the same in a paper published in the county of Mercer.

capital

Amount of 2. And be it enacted, That the capital stock of said company shall be twenty-five thousand dollars, with power to

stock.

increase the same to thirty thousand dollars, and shall be divided into shares of twenty-five dollars each; that at the time of subscribing to said stock two dollars and fifty cents. shall be paid upon each share subscribed for, to the said commissioners, or any of them, which money shall be paid over to the treasurer of the said company, as soon as one shall be appointed; that the residue of said stock shall be paid to the treasurer in such instalments, and at such times and places, as the board of directors of said company shall from time to time direct; that upon failure of the payment thereof, as so directed, the said board shall have power after giving twenty days' personal notice of their intention. so to do, to forfeit the shares of each and every person so failing to pay said instalments, or any of them, to and for the use of the company.

directors.

3. And be it enacted, That the affairs of said company Election of shall be managed by a board of seven directors, a majority of whom shall be a quorum for the transaction of business, but any less number may adjourn from time to time; that when five hundred shares of said stock shall be subscribed for, the said company, or a majority of them, shall call a meeting of the said stockholders, giving at least ten days' notice of the time and place of said meeting in the news. papers aforesaid, at which meeting the subscription books. shall be laid before the stockholders, who shall thereupon proceed to elect, by ballot, seven directors, for the term of one year, a majority of whom shall be citizens of this state, of which election the said commissioners, or a majority of them, shall be the judges; and that at the expiration of said term, and annually thereafter, upon like notice being given by the existing board of directors, the stockholders shall elect, by ballot, seven directors, a majority of whom shall be citizens of this state; and the judge of such election shall be appointed by the president; and at every such election, and in all other cases in which the stockholders shall be entitled to vote, a vote may be given for each share of stock by the holder thereof, in person or by proxy and in case it shall happen that any election of

Election of president.

statement to be made.

directors should not be made on the day when, pursuant to this act, it ought to be made, said corporation shall not for that cause be deemed to be dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their office until others shall have been chosen in their place.

4. And be it enacted, That so soon as may be after the first and subsequent annual election of directors, they shall elect from their number a president of said company, for the term of one year and until another shall be elected, who shall receive such compensation as the board of directors may direct; he shall keep the seal of the company, and preside at all meetings of said board; and in case of his absence the said board may appoint one of their number chairman pro tempore; and the board of directors may fill any vacancy that may occur therein until the next annual election, and may exact from the president, treasurer, and other officers and agents of said company such security for the faithful performance of their respective trusts as they may deem expedient; and special meetings of the said stockholders may be called by the president, by giving ten days' notice of the time and place of holding the same, and the object for which such meeting is called.

Annual 5. And be it enacted, That at the annual meeting of the stockholders, the board of directors for the preceding year shall exhibit to them a full and complete statement of the affairs of the company during their said term.

Company authorized to make road.

6. And be it enacted, That it shall and may be lawful for the said company to construct and make a turnpike road along the road known as the Hightstown and Perrineville road, commencing at the storehouse of William H. Mount, in the county of Monmouth, and following said road, as near as may be, to the intersection of the same with the Clarksburgh road; thence along and across lands of Wesley Sill, Benjamin Gordon, William Hutchinson, to a point on the old road, near the corner of Daniel Hutchinson's land; thence on the old road to the corner of the lands of John Dey and Fielder and Mount; thence in a direct line to the

old red bridge, near the village of Milford; thence by the old road to the borough of Hightstown, in the county of Mercer; and the said company may, by their officers, agents, or other persons in their employ, enter from time to time, and at all times, upon all lands, to search for stone, gravel, sand or clay, for constructing and keeping up said road, doing no unnecessary damage to said lands; provided, said Proviso. company, as soon as they shall construct the said turnpike road, shall pay to the respective owners of the lands over which they may pass, all damages which the said owners shall sustain by reason of the construction of said turnpike road; and in case the said owners and said company cannot agree upon the amount of said damage, then the damage shall be ascertained and determined, as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damage which any land owner may sustain by taking off stone, gravel, sand, or other materials from his or her lands, for the construction and maintaining of said turnpike road.

of road.

7. And be it enacted, That the said turnpike road shall be Description at least thirty-two feet in breadth, except across the pond at Perrineville, where it shall be at least twenty feet in breadth, and shall be sufficiently arched and drained to make and keep the same dry, and at least sixteen feet thereof shall be sufficiently bedded and faced with stone, plank, clay, or gravel, to make a good and firm road; and it shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon; and said company shall make good and sufficient bridges along said road, not less than twenty feet in breadth, and whenever said road, in passing over low ground, shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected on the sides, so as to prevent horses and carriages from running off.

in case com

8. And be it enacted, That it shall be lawful for the said Proceedings company, their agents, superintendents, engineers, and all pany and

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