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

AN ACT to authorize the appointment of two Commissioners of Deeds for the city of Cape Island, in the county of Cape May, and to confirm the official acts of Samuel S. Marcy and Alvin P. Hildreth, Commissioner of Deeds for said city.

WHEREAS, on the fifth day of March, Anno Domini eighteen Preamble. hundred and sixty-two, Samuel S. Marcy and Alvin P. Hildreth were appointed commissioners of deeds for the city of Cape Island, in the said county, were sworn into office and have continued to execute the duties thereof; and whereas, doubts have arisen as to whether such appointments were legally made, there being no law authorizing such appointments for said city-therefore,

missioners le

1. BE IT ENACTED by the Senate and General Assembly of Act ot comthe State of New Jersey, That all the official acts of the said galized. Samuel S. Marcy and Alvin P. Hildreth, as such commissioners, heretofore done and performed, shall be as valid and effectual in law, to all intents and purposes, as if the said appointments had been authorized by law.

have two com

2. And be it enacted, That hereafter the said city of Cape Entitled to Island shall be entitled to have two commissioners of deeds, missioners. and no more.

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

Approved March 13, 1863.

Names of cor

porators.

Amount of

espital stock.

CHAPTER CXXX.

AN ACT to incorporate the Middlesex and Monmouth Turnpike Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the subscription books of the capital stock of the Middlesex and Monmouth Turnpike Company shall be opened by Hendrick H. Brown, J. Biddle Herbert, A. J. Disbrow, William R. Dill, Garrett Cotterell, Hezekia Warne, Tunis Hubbard, William S. Hornor, and David H. Wyckoff, or a majority of them, who are hereby appointed to receive subscriptions to said stock, at such times 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 at least one of the newspapers published in the counties of Middlesex and Monmouth, respectively.

2. And be it enacted, That the capital stock of said company shall be ten thousand dollars, with the privilege of increasing it to fifteen thousand dollars, and shall be divided into shares of twenty-five dollars each, and that when one hundred and fifty shares shall be subscribed for and taken, the persons holding the same shall be and they are hereby incorporated into a company by the name and title of "The Middlesex and Monmouth Turnpike Company," and by that name and style shall have, enjoy and exercise all the rights, powers and privileges appertaining to corporate bodies, and necessary to carry the objects of this law into effect. Payment of in- 3. And be it enacted, That at the time of subscribing for said stock two dollars 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 company, as soon as one shall be appointed, and the residue of said subscription shall be paid in installments, at such times and places, and to such persons as the president and directors of the company shall from time to time direct, and give public notice thereof in manner aforesaid; and upon failure of the payments thereof as so directed, the president and directors shall have power to forfeit the shares of each and

stallments.

every person so failing to pay the said installments, or any of them, to and for the use of said company.

4. And be it enacted, That if the number of shares here- Limitation. inbefore made necessary for the incorporation of 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 commissioners, after deducting thereout the expenses incurred, shall return the residue to the respective subscribers, or their representatives, in proportion to the sums paid in by them.

rectors.

5. And be it enacted, That when the one hundred and fifty Election of dishares 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 hereinbefore 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, 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 being 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 by the holder or holders thereof, either in person or by proxy.

6. And be it enacted, That within twenty days after the election aforesaid, the directors shall elect from their num-1 ber a president of the said company, who shall hold his office for one year, and until another shall be elected, and shall be the presiding officer at all meetings of said directors, and shall have a casting vote when they shall be equally divided; he shall have charge of the seal of the company, and he shall appoint the judge or judges of all elections of stockholders, or in case of his death or absence or inability so to do, the said directors shall appoint some other suitable person, who, for the time being, shall possess the same power and authority and perform all the duties herein prescribed.

Election of officers.

7. And be it enacted, That the said directors, or a ma- Vacancies, jority of them, may supply any vacancy occurring in the in

how supplied.

Proviso.

Annual stateruent to be

made.

Special meetings.

Corporation

not dissolved

elect.

terval between the annual elections by death, resignation' removal, or refusal to act of any president or director, and may appoint a treasurer and all officers, agents, superintendents, and 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 duties or 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 to regulate the transfer of stock and the general government of the company and management of its affairs; provided, the same are not repugnant to the constitution and the laws of this state or of the United States. 8. And be it enacted, That at the annual meeting of the stockholders it shall be the duty of the president and directors of the preceding year to exhibit to the stockholders a complete statement of the affairs of the company during the said term.

9. And be it enacted, That special meetings of the stockholders may be called by order of the president and directors, or by the stockholders owning one-fourth of the stock of the company, by giving notice of the time and place of holding the same, as hereinbefore directed with regard to the annual meeting, 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 of the proceedings of the company to be exhibited to them by the president and directors.

10. And be it enacted, That if, from any cause, any elecby failure to tion herein before named shall not be had at the time specified in this act, the same may be held at any other time, on notice as aforesaid, and that until such election be had, the officers of the preceding year shall continue to hold their respective offices until others are elected in their stead, and that this charter shall not be defeated nor avoided by reason of irregularity, or want of such election.

te of road.

11. And be it enacted, That it shall and may be lawful for the said company to construct and make a turnpike road from Old Bridge, in Middlesex county, to the turnpike from Freehold to Keyport, in Monmouth county, beginning in the public road at Old Bridge, where said road intersects the Cam

den and Amboy Railroad, near the hotel lately kept by B. F. Lloyd, deceased, and thence following the route of the said public road through Brownsville, passing by the residence of Hendrick H. Brown and others, and following the route of the said public road as it now runs, and ending by the Mount Pleasant school house, on the Freehold and Keyport Turnpike, in the county of Monmouth aforesaid, being the most. direct and convenient route between the said points; which said turnpike road shall not exceed forty feet in width, and sixteen feet of the same shall be sufficiently bedded and faced with stone, gravel, or other material, to make a solid, firm, and even road at all seasons of the year, and the said sixteen feet shall be so graded that in its progress no part of it shall rise above an angle of five degrees with the plane of the horizon; and the said company shall construct, keep in repair, maintain and make good and sufficient bridges along the line of said road, not less than sixteen feet in width; and whenever said. road 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 and maintained at the sides, so as to prevent horses and carriages from running off; provided, that before the said company Proviso. shall construct the said turnpike road as aforesaid, they shall pay to the respective owners of the land over which the same may pass, all damages which the said owners shall sustain by reason of the construction of the said turnpike road; and in case 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 damages which any land owner or owners may sustain by the taking of stone or gravel, sand or clay from his lands, for the construction or maintaining of said turnpike road.

when com.

ers cannot

12. And be it enacted, That it shall be lawful for the said Proceedings company, their officers, superintendents, engineers and work-pany and ownmen, with carts and wagons, or other carriages, and with agree. beasts of burden and draught, and all necessary materials and tools, to enter upon all lands contiguous or near to the route of said road, doing as little damage thereby as possible, repairing any breach they might make in the enclosures thereof, and to make all ditches and underdrains across and through such lands necessary for properly draining said road; and that when said company or its agents cannot agree with the owner or owners of said land or materials for the purchase