on account of public schools in a book prepared for that purpose. 5. And be it enacted, That this act shall take effect immediately. Approved April 8, 1868. Corporators. Name. Directors, how elected. CHAPTER CCCLXXXVIII. An Act to incorporate the New Jersey and New York Bridge 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Cornelius Lydecker, Nathan T. Johnson, John Hopper, J. Wyman Jones, John Y. Dater, Francis Howland, Henry G. Hering, John A. Lockwood, J. Smith Homans, George S. Coe and George P. Androus, and all such persons as shall be associated with them, their successors and assigns, be and hereby are constituted a body corporate and politic, in fact and in law, by the name and style of "The New Jersey and New York Bridge Company," and by that name and style shall be capable in law and in fact of purchasing, hiring, holding, using, letting, improving and disposing of such real or personal estate as may be necessary and expedient for the objects and purposes of this incorporation, and may receive and make all deeds, sales, transfers, conveyances, grants, mortgages, bonds, leases, covenants, contracts and agreements and bargains, and be capable of doing all other acts and things whatsoever proper and necessary for the objects and purposes of said incorporation. 2. And be it enacted, That the stock, capital, property, concerns and affairs of said company shall be managed and conducted by a board of not less than nine nor more than fifteen directors, one-half of whom shall be residents of this state, all of whom shall be stockholders, and one of whom shall be president, who shall hold their offices for one year or until others are elected in their stead, and that the directors shall be chosen by the stockholders of said company, annually, at such time and place and in such manner as shall be directed by the by-laws and regulations of said corporation, and notice of such time and place shall be published not less than two weeks previous thereto in any newspaper published in the county of Bergen. 3. And be it enacted, That a majority of said board shall vacancies, constitute a quorum for the transaction of business, and that how filled. if at any time it shall happen that any vacancy or vacancies occur from any cause whatever among the directors named in this act, or those hereafter to be elected, such vacancy or vacancies shall be filled by such person or persons as the remainder of the directors for the time being, or a majority of them, shall appoint; and the said directors may appoint such officers, superintendents, engineers and other agents, and assign to them such duties and compensation as they shall deem fit. 4. And be it enacted, That the first directors shall be Cor- First directors nelius Lydecker, Nathan T. Johnson, John Hopper, J. Wyman Jones, John Y. Dater, Francis Howland, Henry G. Hering, John A. Lockwood, J. Smith Homans, George S. Coe and George P. Androus, being the incorporators hereinabove named, who shall respectively hold their offices for one year from the organization of said company or until others shall be legally chosen from the stockholders in their place. 5. And be it enacted, That the capital stock of said com- Amount of pany shall be two million dollars, with the privilege of in- capital stock. creasing the same from time to time to any sum not exceeding ten million dollars, divided into shares of one hundred dollars each, which shall be subscribed and paid at such times, in such manner and in such installments, and upon such notice, as the said company by their by-laws or otherwise may direct and appoint; and in case of the failure of any stockholder to pay his or her installments at the time and place appointed for the payment thereof, or within thirty days thereafter, such stockholder shall incur the forfeiture of his or her shares, and of all previous payments thereon, for the use of said company. 6. And be it enacted, That the capital stock of said com- stock transpany shall be deemed personal property, and the said shares ferable. shall be transferable only on the books of said company in such manner as the board of directors by their by-laws shall direct; and every share of said stock on which all installments due shall have been paid, shall entitle the holder thereof to one vote, either in person or by proxy, at any au Power to con thorized meeting of such stockholders; and any owner of land or lands, or other property, real or personal, necessary to be purchased by said company, may be permitted by the board of directors to take stock for the amount of the whole or any part of his or her interest therein. 7. And be it enacted, That the said company be and hereby struct bridge. are authorized to devise, survey, lay out, establish, construct, maintain and operate a bridge across the Hudson river, to commence at some point on the palisades, at or near Fort Lee, New Jersey, and to cross said river to some point at or near Fort Washington, or Washington Heights so called, in the state of New York, or from any more suitable point on said palisades, in the county of Bergen, in the state of New Jersey, to some suitable point on the opposite shore, in the state of New York, and also to build suitable piers for the support thereof, if the same shall be deemed necessary, at such distances from each other as shall not injuriously affect the navigation of the Hudson river. lands, &c. May enter on 8. And be it enacted, That it shall be lawful for said company, its officers, surveyors, engineers, agents and employees, to enter at all times upon lands and waters for the purpose of exploring, leveling, surveying, laying out and establishing the route and construction of such bridge, its approaches, railways, roadways, passages, connections, appurtenances and appliances, and all preliminary or permanent ways and means thereto, and of locating the same or altering the location thereof, doing no unnecessary damage to private or other property; and when the route and location of said bridge, its approaches, connections, appliances, appendages and appurtenances shall have been ascertained and determined, it shall be lawful for said company, its officers, surveyors, engineers, agents and employees, to enter upon, take possession, hold, use, occupy, excavate or fill up such lands, waters and premises, and to erect embankments, piers, bridges, aqueducts, viaducts, railways, roadways, and all necessary works, buildings, structures, improvements and appliances thereon, and lay rails, and do all other things which may be suitable or necessary for the construction, maintenance, use and operation of said bridge, its works, approaches, appliances, appendages and appurtenances, and to carry into full effect the objects of this act. Construction 9. And be it enacted, That in order to facilitate the con&c., author struction, use and operation of said bridge, and its various of railways, ized. connections, the said company is hereby authorized to construct railways, boulevards or roadways, to any point in the county of Bergen, for the purpose of obtaining and transporting material, or to connect with any railroad, railway, boulevard or highway located in said county of Bergen; and the said company shall have power to determine and control the line or lines, and the manner and mode of approach, route, grade, construction, running and operation of any railroad, railway, boulevard, roadway or other communication intended to connect with or pass to, from or over said bridge, or to its openings and approaches, and shall regulate, change and determine the same, so as in its judgment may be best to facilitate and secure the rapid and safe approach and transit of all passengers, animals, freight and traffic, and shall have police and power thereover upon said bridge, and within a radius of one mile from the proper commencement or termination of said bridge, and all passengers, person or persons, cars, vehicles and animals, and all freight, passage and traffic shall pass to, from, upon or over said bridge and its various communications, subject and according to the rules, regulations and lawful directions of said company, or of its proper officers, agents and employees, or the same may be debarred from the use and benefit of said bridge and its communi cators. ferries. 10. And be it enacted, That the further to facilitate com- May establish munication with the opposite shore, and to develop the same, in the meanwhile, that the said company is hereby authorized to establish a ferry or ferries from the New Jersey shore at or near Fort Lee aforesaid, to the New York shore, at such points as may be most advisable, and to construct and operate railways, boulevards, roadways or other communications therewith. may be taken. 11. And be it enacted, That the said company may take, Material that • use and appropriate any rock, stone, gravel, sand, clay, earth and material, near said bridge, or on or near any railway, boulevard, roadway or communication therewith, or with said ferry or ferries; provided, that payment shall first be made proviso. to the owners of and parties interested in the lands and premises, or material taken or to be taken for the purposes of this act, upon such terms and in the manner as hereinafter provided. 12. And be it enacted, That if said company, or its agent or agents, cannot agree with the owner or owners of such re when com ers cannot agree. Proceedings quired lands, premises or material, or with any party lawfully pany and own interested therein or controlling the same, for the use or purchase thereof; or if by reason of the legal incapacity or absence of any owner or party interested in or controlling the s me, no such agreement can be made, a petition containing a particular description of the lands, premises or material so required for the use of said company in the construction, occupation or use of said bridge, or of any railway, boulevard, roadway or communication therewith, or to or with such ferry or ferries as may be established by said company, shall be presented in writing under the oath or affirmation of any surveyor, engineer, or proper officer or agent of said company giving the name or names of the ocupant or occupants of, if any there be, and of any owner or party interested in or controlling said land, premises or material, and their residence, if the same can be ascertained, to any justice of the supreme court, or to one of the judges of the inferior court of common pleas in and for the county where said lands, premises or materials are situated, who shall thereupon cause said company to give written notice thereof to all persons, occupant, interested or controlling as aforesaid, if known and in this state or if unknown or out of this state, to make publication thereof as he shall direct for any time not less than fifteen days, and he shall thereupon assign a particular time and place for the appointment of commissioners hereinafter named, at which time and place, upon satisfactory evidence to him of the service or publication of such notice as aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, residents in this state, one of whom may be nominated by said company, and another of whom may be nominated by the party or parties interested, commissioners to examine and appraise said lands, premises or material, and assess any damages sustained by any owner, occupant, or person interested, by reason of taking or occupying the same, upon such notice of not less than fifteen days, to be served personally, or at the residence of said parties, if the same can be ascertained and be within this state, or otherwise by publication, as shall be directed by the officer appointing such commissioners; 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 the same, faithfully and impartially to examine the matter in question, and to make a true report according to the best |