Proviso. May borrow money and secure the same by bond and mortgage. and award shall be returned as filed as aforesaid, by proceeding in the form of a petition to said court, and the party appealing shall give to the opposite party five days' notice in writing of said appeal, and the filing of said petition in such circuit court shall vest in said circuit court full power to hear and adjudge the same, and if required by either party the said court shail award a venire for a jury, who shall hear and finally determine said appeal; the said jury shall assess the value of the land or water rights taken by said company, and all damages sustained, or that may be sustained by the owner, and if said jury shall find a greater sum than was awarded by the commissioners, judgment shall be given therefor against the company with costs, and execution may be issued thereon, but if the said jury shall be demanded by the owner, and shall find the said sum or a less sum than the commissioners awarded, the costs shall be paid by the owner or owners, and shall be deducted out of the sum so found by the jury or considered a payment thereon, or an execution may issue therefor by the order of the court, and on payment, or tender of payment of the sum so awarded by the commissioners or found by the jury, with costs, where costs are adjudged, the said company shall be deemed to be seized in fee simple of all lands and real estate and water rights appraised as aforesaid; provided, that the said company may take possession of said lands and water rights, and use the same for the purposes contemplated by this act, at any time after the appraisement and award of said commissioners, and notwithstanding any appeal therefrom, having first tendered to the owner or owners the amount of said award; or in case of refusal to receive the same, or in case of any disability on the part of the owner, or in his absence from the state, having paid the same into the clerk's office of the circuit court of said county for the use of such owner or owners. 9. And be it enacted, That the said corporation shall have power to borrow from time to time such sum or sums of money as shall be necessary to construct said dams, raceways, locks, and to furnish said corporation with the necessary lands, buildings, machinery, materials and other purposes for the uses and objects of said corporation, and to secure the repayment thereof by bond and mortgage, or otherwise, on the said lands, property, privileges, franchises and appurtenances of, or belonging to said corporation, at a rate of interest not exceeding seven per centum per annum; provided, that it Proviso. shall not be lawful for the said corporation to plead any statute or statutes of this state against usury in any court of law or equity in any suit instituted to enforce the payment of any bonds or mortgages executed under this section of this act. fice. 10. And be it enacted, That the principal office of the said Principal ofcompany shall be at Vineland, in the county of Cumberland, and that regular books of account shall be kept in the said office, to which books of account any stockholder may have free access at all reasonable times for the purpose of inspection; and that books of transfer of stock shall also be kept and shall be evidence of the ownership of said stock in all elections and other matters submitted to the decision of the stockholders of said corporation. real and per 11. And be it enacted, That the said company shall have May receive power to issue stock for or take in payment of subscriptions sonal property any personal or real property required to be used for and in for stock conducting of the said business of the said company, and that no dividends shall be declared except as the by-laws of said company may direct; and said company may issue stock in payment of any debt of said company. 12. And be it enacted, That this act shall take effect immediately. Approved March 8, 1870. CHAPTER CLXXVII. A Further Supplement to the act entitled "An Act to incorporate the South River and Freehold Plank Road Company," approved February nineteenth, eighteen hundred and fifty. 1. BE IT ENACTED by the Senate and General Assembly of May build branch plank the State of New Jersey, That the said corporation be, and road, they are hereby authorized and invested with all the rights and powers necessary and expedient to construct and build one or more branches from said road to such point or points May increase capital stock. in Middlesex or Monmouth counties as they may deem necessary, and for that purpose are hereby invested with all the rights, privileges and powers heretofore granted in the act to which this is a supplement. 2. And be it enacted, That the said company may have power to increase the capital stock to such amount as they shall deem necessary, if in their judgment the interest of the company so require. 3. And be it enacted, That this act shall take effect immediately. Approved March 8, 1870. Vote by ballot authorized. Inspectors of election. CHAPTER CLXXVIII. An Act to authorize the township of Brick, in the county of 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the inhabitants of the township of Brick, in the county of Ocean, be and they are hereby authorized and required to elect by ballot in the manner now authorized by law for the election of state and county officers, at the annual town meeting, all such township officers as the inhabitants of the said township are now, or hereafter may be authorized or required to elect, and shall in like manner designate and fix the amount of money to be raised by the said township for schools, roads and other purposes; and also fix and determine the place for holding the next annual town meeting and state and county election. 2. And be it enacted, That the inspectors of election elected at the last general election for state and county officers, or at any future election for such officers, shall preside at and conduct the election at the next ensuing annual town meeting in said township respectively. Plurality to 3. And be it enacted, That a plurality of votes shall be elect officers, sufficient to elect any officers at such election, and to fix the place for holding the next annual town meeting and state and to determine raised. county elections; but a majority of all the votes cast shall but a majority be required to determine the amount of money to be raised amount of or specified for any particular purpose, and in case of a tie money to be vote or a neglect or refusal of any officer elected to serve, the township committee shall have power to fill such vacancy at their next meeting after such election, and to decide between those having an equal number of votes and to determine the amount or amounts of money to be raised. 4. And be it enacted, That this act shall be deemed a public act, and take effect immediately. Approved March 8, 1870. CHAPTER CLXXIX. A Further Supplement to "An Act to set off from the township of Bloomfield, in the county of Essex, a new township to be called the township of Montclair," approved April fifteenth, eighteen hundred and sixty-eight. sell ale, &c, 1. BE IT ENACTED by the Senate and General Assembly of Unlawful to the State of New Jersey, That it shall be unlawful for any sent at person or persons to sell any ale, porter, beer or other malt licensed inns. or spirituous liquors, as a beverage, within the said township except it be at a regularly licensed inn or tavern. votes to decide ther licenses 2. And be it enacted, That it shall be submitted to the Majority of people annually, at their regular town meetings, to decide annually whe whether they shall apply for a license to the court for an inn shall be grantand tavern license to sell intoxicating liquors as a beverage ed. in the said township, and that no license shall be granted to any person or persons for that purpose unless a majority of the votes thus cast shall be in favor of the same. 3. And be it enacted, That this act shall take effect immediately. Approved March 8, 1870. Repealer. CHAPTER CLXXX. An Act to repeal "An Act to authorize the inhabitants of the township of Montague, in the county of Sussex, to vote by ballot at their town meetings," approved March fifteenth, eighteen hundred and fifty-nine. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That an act entitled "An Act to authorize the inhabitants of the township of Montague, in the county of Sussex, to vote by ballot at their town meetings," approved March fifteenth, eighteen hundred and fiftynine, be and the same is hereby repealed; and all laws in force in said township in reference to the election of township officers prior to the passage of the aforesaid act, is hereby revived. 2. And be it enacted, That this act shall take effect immediately. Approved March 8, 1870. Names of corporators. CHAPTER CLXXXI. An Act to incorporate the America Hose Company, of Mount Holly. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Samuel Read, W. Budd Deacon, Morris H. Keeler, Horace Cronk, George S. White, John W. Bodine, Josiah S. Dill, Albert H. Burr, Nathan S. Schuyler, George H. Pancoast, Samuel B. Keeler, Joseph R. Mulliner, J. Henry Heaviland, J. Frederick Laumaster, Benjamin F. Kempton, Alonzo M. Bodine, Jacob A. Whitcraft, George Collins, William W. Curtis, Howard Shinn |