CHAPTER CCCCLXXXVIII.

A Further Supplement to the act entitled "An Act constituting Courts for the trial of Small Causes," approved April sixth, eighteen hundred and forty-six.

bond may be

non-payment

1. BE IT ENACTED by the Senate and General Assembly of Proceedings the State of New Jersey, That whenever an appeal to the on appeal court of common pleas of the county of Essex shall have stayed for been, or shall hereafter be, dismissed for non-payment of the of fees. filing fees, pursuant to the third section of the act approved March twenty-first, eighteen hundred and fifty-seven, and supplementary to the act to which this is a further supplement, it shall be the duty of said court, or of the president judge thereof, to order such appeal to be reinstated, and proceedings on the appeal bond to be stayed, upon application by, or on behalf of the appellant, at any time before the first day of the next term after such dismissal, and upon such terms as to the said court or judge shall seem just; provided, that it shall appear to the said court or judge that the nonpayment of said filing fees was owing to mistake, surprise or inadvertence, or that the ends of justice require such rein

statement.

2. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1870.

Proviso.

Time for com

extended.

CHAPTER CCCCLXXXIX.

Supplement to "An Act incorporating the New York and Fort Lee Railroad Company," approved March fourteenth, eighteen hundred and sixty-one.

1. BE IT ENACTED by the Senate and General Assembly of pleting road the State of New Jersey, That the time for the completion of the railroad of said corporation is hereby extended five years.

2. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1870.

Names of

CHAPTER CCCCXC.

An Act to incorporate the Hightstown and Robbinsville Turnpike Company.

1. BE IT ENACTED by the Senate and General Assembly of corporators. the State of New Jersey, That Andrew J. Smith, S. M. Schanck, John C. Ward, James M. Pullen, Charles C. McMichael, William Wilson, James McManus, William I. Bur tis, Ezekiel Gordon, John B. Perrine, Amos Hutchinson, George Cole, and such other persons as may be hereafter associated with them, shall be and are hereby constituted a body politic and corporate in law, by the name of "The Hightstown and Robbinsville Turnpike Company."

Corporate

name.

Amount of capital stock.

2. And be it enacted, That the capital stock of the said corporation shall be ten thousand dollars, with authority to increase the same to twenty thousand dollars, which stock shall be divided into shares of twenty-five dollars each, and

shall be deemed personal estate, and transferable in such manner as the by-laws of said corporation shall direct.

installments

feiture.

3. And be it enacted, That at the time of subscribing for Failure to pay said stock, two dollars shall be paid upon each share sub- to work a forscribed for to the commissioners, or any two of them, which money shall be paid over to the treasurer of the company as soon as one shall be appointed, and the residue of the subscriptions shall be paid in installments, at such times. and at such places, and to such persons as the president and directors of the company shall from time to time direct, or give public notice thereof in manner aforesaid; and upon failure of the payment thereof as so directed, the said president and directors shall have power to forfeit the shares of each and every person so failing to pay the said installments, or any of them, to and for the use of said company; pro- Proviso. vided, that if the number of shares subscribed for shall exceed the number of shares authorized by this act, that the said commissioners shall apportion the said stock among such subscribers in proportion to the amount or number of shares by them subscribed for as aforesaid; provided also, that the stock Proviso. holders shall, upon request, have the right to pay the stock subscribed, except the first installment, by work or labor upon said road, under such regulations, at such times and upon such notice by either party a the directors may deter- Proviso, mine; provided also, that no stockholder shall pay for his installments by labor for more than eight shares.

made void.

4. And be it enacted, That if the number of shares herein- Act, how before made necessary for the incorporation of the said company be not subscribed for within three years from the time of opening the said subscription books, this act, and all the subscriptions under it, shall be null and void, and the said commissioners, after deducting thereout the expenses incurred, shall return the residue of the money paid in to the respective subscribers, or their representatives, in proportion to the sums paid in by them.

5. And be it enacted, That when fifty shares of said stock shall be subscribed for, the said commissioners shall call a meeting of the stockholders, giving at least twenty days' notice of the time and place of said meeting, as herein before directed with regard to the opening of said books, at which meeting the subscription books shall be laid before the stockholders, who shall thereupon proceed to elect by ballot five directors, a majority of whom shall be citizens of this state,

Election of

directors.

Election of president

directors.

to manage the affairs of said company for one year, of which election the said commissioners, or a majority of them shall be judges; and at the expiration of that term, and annually thereafter, upon like notice, to be given by the directors for the time being, the said stockholders shall elect by ballot the same number of directors, a majority of whom shall be citizens of this state, as aforesaid; 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 the holder or holders thereof, either in person or by proxy.

6. And be it enacted, That within twenty days after the annual election as aforesaid, the said directors shall elect from among their number a president of the said company, who shall be a citizen of this state, who shall hold his office for one year and until another shall be elected, and receive such compensation for his services as a majority of the said directors may direct, and shall be the presiding officer at all meetings of said directors, and shall have the casting vote when they shall be equally divided; he shall have charge of the seal of the company, and shall appoint the judge or judges of all elections of stockholders, or in case of his death, absence, or inability so to do, the said directors shall appoint some other suitable person, who for the time being shall possess the same powers and authority, and perform all the duties herein prescribed.

Powers of 7. And be it enacted, That the said directors, or a majority, may supply any vacancy in the interval between the annual elections, by death or resignation, removal or refusal to act of any president or director, and may appoint a treasurer, who shall be a citizen of this state, and all officers, agents, superintendents or other servants that may be required to transact the business of the company, with such compensation as they may determine upon, and may exact from them such security for the due performance of their respective trusts as they may think expedient; they shall regulate the tolls, and have the superintendence and direction of all receipts and disbursements, and all other affairs of the company, and may make and enforce such ordinances and by-laws as they may think expedient for regulating the transfer of stock, and for the general government of the company and management of its affairs; provided, the same are not repugnant to the constitution or laws of this state or of the United States.

Proviso.

ment.

8. And be it enacted, That at the annual meeting of the Annual statestockholders, it shall be the duty of the president and directors of the preceding year to exhibit to the stockholders a full and complete statement of the affairs of the company during said term.

9. And be it enacted, That special meetings of the stock Special meetholders may be called by order of said president or three of holders. the directors, or by the stockholders owning one-fourth of the whole stock of the company, by giving notice of the time and place of holding the same, as hereinbefore directed with regard to the annual meetings, which said notice shall specify the particular object of the meeting, but that no business of the company shall be transacted at such special meeting unless a majority in value of the stockholders attend and concur therein, who may require the books, accounts and all other papers and proceedings of the company to be exhibited to them by the president and directors.

elect directors not to

10. And be it enacted, That if from any cause any election Failure to hereinbefore named shall not be had at the time specified by this act, the same may be made at any other time upon notice dissolve. as aforesaid, and that until such election be had the officers of the preceding year shall continue to hold their respective offices until others be elected in their stead, and that this charter shall not be defeated or avoided by reason of the irregularity or want of such election.

turnpike road

11. And be it enacted, That it shall and may be lawful for May construct said company to construct and make a turnpike road along the public road, or any part thereof, from a point commencing at the borough line of Hightstown, and running along the public road through the village of Windsor to the village of Robbinsville; and all damage which any land owners may sustain by reason of the constructing of said turnpike road, to be determined as nearly as may be in the manner hereinafter provided for ascertaining and determining the damages which any land owner shall sustain by taking of stone, gravel or other material for constructing and maintaining said turnpike road; and the public road, as designated in this section, shall be and the same is hereby vacated, to take effect immediately after the completion of the turnpike road authorized to be built as aforesaid.

12. And be it enacted, That the width of said turnpike width of read road shall not be less than thirty-two nor more than fifty. feet, and sixteen feet of the same shall be sufficiently bedded