Limitation

19. And be it enacted, That if the said railroad shall not be commenced within five years, and be completed within seven years from the fourth day of July next ensuing, that then and in that case this act shall be void.

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

Approved March 17, 1870.

Names of corporators.

Corporate name, and powers.

Amount of

capital stock.

Directors,

when and how chosen.

CHAPTER DXVIII.

An Act to incorporate the Newark and Hudson Railroad Com

pany.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Gasherie De Witt, Gustavus N. Abeel, Hugh Holmes, Nehemiah Perry, John Hopper, and such other persons as may hereafter be associated with them, shall be and are hereby constituted and declared to be a body politic and corporate in fact and in name, by the name of the Newark and Hudson 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 incorporation.

2. And be it enacted, That the capital stock of said company shall be two hundred and fifty thousand dollars, with liberty to increase the same to five hundred thousand dollars, and shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct.

3. And be it enacted, That the above named persons may open books to receive subscriptions to the capital stock of the said corporation, at such time or times, or place or places, as they or a majority of them may think proper, and as soon as the same shall be subscribed, to give notice for a meeting of the stockholders, to choose five directors, a majority of

whom shall be residents and citizens of this state; and such election shall be made at the time and place appointed by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of the capital stock entitling the holder thereof to one vote; and the above named persons, or a majority of them, shall be inspectors of the first election of directors of the said corporation, and shall certify, under their hands, the names of those persons duly elected, and deliver over the subscription books to the said directors, and the time and place of holding the first meeting of directors shall be fixed by the said persons named in the first section of this act, or a majority of them, and the directors chosen at such meeting and at the annual election of said corporation shall, as soon as may be after every election, choose out of their own number a president, who shall be a resident and citizen 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 wherein they may happen, by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, may appoint a president, pro tempore, who shall have such power and functions as the by-laws of the said corporation shall provide.

elect

4. And be it enacted, That in case it should happen that Not dissolved an election of directors should not be made during the day by director when, pursuant to this act, it ought to be made, the 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.

5. And be it enacted, That a majority of directors of said Powers of dicorporation shall be competent to transact all the business of rectors. said corporation, and shall have power to call in the capital stock of said company by such installments and at such times as they may direct; and in case of non-payment of such installments or any one of them, to forfeit the share or shares upon which such default shall arise; and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and regulation of the stock, property, estate and effects of the said corporation, and also shall have power to appoint a secretary and so many clerks and servants as to them shall

road.

seem meet, and to establish and fix such salaries to them and also to the president of said company as to the said board shall appear proper.

Route of rail- 6. And be it enacted, That it shall be lawful for the said company to lay out and construct a railroad, not exceeding one hundred feet in width, from a point in the city of Newark, in the county of Essex, in this state, at or near Governeur street, in said city, to a point in the county of Hudson, where the said railroad may connect with the New Jersey Railroad and Transportation Company, or with some other railroad in said county of Hudson, running to the waters of the Hudson river, and may connect the same with the New Jersey Railroad and Transportation Company, and other railroads in the counties of Essex and Hudson, upon such terms as may be agreed upon, and for that purpose the said company may erect and maintain bridges over the Passaic and Hackensack rivers, the said bridges to be provided with draws at least seventy feet in width.

Opening the draws.

May enter on lands.

7. And be it enacted, That it shall be the duty of said company to keep or cause to be kept at such bridges careful persons, to open said draws for the free passage of vessels, day and night, and shall at night, during the period of navigation, cause to be kept lights at said draws, and for each neglect to open said draws, and keep said lights, the said company shall forfeit and pay the sum of fifty dollars, to be recovered in any court having jurisdiction thereof, by any person who may sue for the same, within three months after such neglect, but this section shall not be deemed to prevent the company from being liable for all damage which may be incurred by reason of such neglect.

8. And be it enacted, That it shall be lawful for the said company, their agents, engineers, or others in their employ, to enter upon all lands and waters for the purpose of exploring, surveying, leveling, or laying the said route of said railroad, and to make and erect all necessary works therefor, doing no unnecessary injury to private property, and when the general route of said railroad shall have been determined on, and a survey of said route shall have been deposited in the office of the secretary of state, then it shall be lawful for said company or its servants to enter upon, take possession of, hold, use, occupy and excavate, any such lands, and to erect embankments, bridges, and all other works necessary to lay rails, and to do all other things which shall be suitable

or necessary for the completion or repair of said road, subject to such compensation as is hereinafter provided; provided, Proviso. that the payment or tender of the payment of all damages for the occupancy of lands through which the said railroad may be laid out, be made before the said company or its servants shall enter or break ground thereon, except for the purpose of surveying or laying out said road, unless the consent of the owner or owners of said land be first had and obtained.

when compa

ers of land

9. And be it enacted, That when the said company or its Proceedings agents cannot agree with the owner or owners of land or ny and ownmaterials required for the use of said railroad, or when, by cannot agree. the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land or materials so required for the use of the said company in the construction of said railroad, shall be given in writing, under the oath or affirmation of some engineer or proper agent of the 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 justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, to make publication thereof as he shall direct, for any time not less than six days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time, upon satisfactory evidence. to him of the service and publication of such notice aforesaid, he shall appoint under his hand and seal three disinterested, impartial and judicious freeholders, resident in the county in which the lands or materials in controversy lie, or the owners reside, commissioners to examine and appraise the said land or materials, and to assess the damages, upon such notice, to be given to the persons interested, as shall be directed by the justice making such appointment, to be expressed therein, not less than six days; 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 an oath, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding), to meet at the time and place appointed, and proceed to view and examine the said land and materials, and to make a just and equitable estimate or appraisement of the value of the same, and assessment of

Proceedings

peal.

damages aforesaid, which report shall be made in writing, under the hands and seals of such commissioners, or any two of them, and filed within ten days thereafter, together with the aforesaid description of the lands or materials, and the appointment, and oaths or affirmations aforesaid, in the clerk's office of the county in which the land or materials are situate, to remain on record therein; which report or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of the said company, to have, hold, use, occupy, possess and enjoy the said land; and either of the justices of the said court shall, on application of either party, and on reasonable notice to the others, tax and allow such costs, fees and expenses to the justices, commissioners, clerks, and other persons performing any of the duties prescribed in this section, as he shall think equitable and just, and to order and direct by whom the same shall be paid.

10. And be it enacted, That in case the said company, or in case of ap- owner or owners of the said land or material, shall be dissatisfied with the report made by the commissioners named in the preceding section, the party so aggrieved may appeal to the circuit court of the county in which the land or materials lie, at the first term after filing of said report, by proceeding in form of petition to said court, which proceeding shall vest in said court full right and power, to direct a proper issue for the trial of the said controversy between the said parties, and order a jury to be empanneled and sworn, as in other cases, and a view of the premises, if either of the parties desire it, and the issue to be tried at the same term of said court to be holden in said county, upon like notice, and in the same manner as other issues in the said court are tried; and it shall be the duty of the jury to assess the value of said land and the damages sustained, and if they shall find a greater sum than the commissioners have awarded or the company have offered to the said owner or owners, then judgment thereon, with costs, shall be entered against the said company and execution awarded thereon, and if said appeal shall be applied for by the owner or owners, and the jury shall find the same or a less sum than the commissioners awarded or the company offered, then the said costs shall be paid by the said applicant or applicants, and either deducted out of the said sum found by the said jury, or execution awarded therefor, as the court shall direct,