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AN ACT to dissolve the marriage contract between Adam A. Pease and
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the marriage contract heretofore existing between
Sarah Pease Adam A. Pease and Sarah Pease, of the county of Gloucester, divorced. be, and the same is hereby dissolved and made void and of no effect, as fully as if they never had been joined in matrimony.
Passed February 8, 1833.
AN ACT to incorporate the Delaware and Jobstown Rail or McAdamized
Sec. 1. Be IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That James Newbold, Joseph Smith, Chalkley Atkinson, and their associates, shall be, and are hereby constituted a body Style of incorpolitic and corporate, by the name of the Delaware and Jobs. Po town Rail or McAdamized Road Company," and, by that name, they and their successors shall be known in law, and have po power to sue and be sued, and to defend and be defended, in all courts, whether in law or equity; and, by that name, shall be capable of purchasing, or of otherwise receiving and becoming possessed of and holding or conveying, any real or personal estate; shall have perpetual succession, and may also have a common seal, and alter or renew the same at pleasure; and shall have, enjoy, and exercise all the rights, powers, and privileges pertaining to corporate bodies, and necessary for the purposes of this act.
Sec. 2. And be it enacted, That the capital stock of the said corporation shall be sixty thousand dollars, with liberty for the A
capital. company to increase the same to two hundred thousand dollars, and shall be divided into shares of fifty dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall, by their by-laws, direct.
SEL. 3. And be it enacted, That James Shreve, Thomas Black, and Jonathan Scattergood shall be commissioners to Commissionopen books for receiving subscriptions to the capital stock of ers to receive the said corporation; the said books shall be opened by the said commissioners, or a majority of them, at such times and places as they shall deem proper, and shall continue open not less than two days; and twenty days' notice shall be given, by
pened beeriberisi be raisome one in s
said commissioners, of such times and places, in one or more
of the newspapers printed in Mount Holly; and if more subStock to be apportioned.
scriptions be taken than the amount of the capital stock, it shall
be the duty of the commissioners by whom the said books are How install- opened to make a fair and just apportionment of the stock to ments are to the subscribers; and, at the time of subscribing for said stock, be paid.
five dollars shall be paid upon each share subscribed for, to the commissioners, or some one of them; and that the residue of the subscription shall be paid in such installments, and at such times and places, and to such person, as the president and
directors of the company shall from time to time direct, by givStock forfeit- ing thirty days' public notice thereof, as aforesaid, and upon ed on failure failure of payment thereof, as so directed, the said president
and directors shall have power to forfeit the shares of each ments.
and every person so failing to pay said installments, or any of them, to and for the use of the company.
Sec. 4. And be it enacted, That when the capital stock shall
be subscribed for, and the books closed, and the apportionment Time and made, if the same be necessary, it shall be the duty of the afore. mode of electing directors
CC said commissioners, or a majority of them, to give a like noand president, tice, as above, to choose nine directors; 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 entitling the holder thereof to one vote: and the said commissioners, or any two of them, shall be inspectors of the first election of directors of said corporation, and shall certify, under their hands, the names of those persons duly elected, and deliver over the subscription books to said directors, and the moneys paid to them for subscriptions to said capital stock, as shall remain in their hands after defraying the expenses of subscription and incidental expenses; and that annually thereafter, upon like notice being given by the directors for the time being, the stockholders shall, in the same manner, elect the same number of directors; and the time and place of holding the first meeting of directors shall be fixed by the said persons who act as inspectors aforesaid: and the first directors, and yearly the directors chosen at any election for that purpose, shall, as soon as may be after the election,
choose, out of their own number, a president; and in case of Vacancies, how supplied.
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 board of directors; and in case of the absence of the president, the said board, or a majority of them, may appoint a president pro tempore.
Sec. 5. And be it enacted, That five directors of said cor..
i poration shall form a board, and they, or a majority of them, rectors may shall be competent to transact the business of the said corpocall in install- ration, and may have power to call in the remainder of the
capital stock of the said corporation, by such installments, not
at any oneo instalother
exceeding five dollars on each share at any one time, and at such times as they may direct: Provided, that no installment be required at shorter periods than thirty days from each other; and to make and prescribe'such by-laws, rules, and regulations, as to them shall appear proper, touching the management and regulations of the stock, property, estate, and effects of the said corporation; and shall also have power to appoint Appoint offia secretary, treasurer, engineer, agents, superintendents, and cers. such servants as may be required to transact the business of the corporation, with such compensation to them and the president as to the board shall seem proper; and that they shall require from the treasurer such security as they may deem sufficient for the due performance of his trust, and generally to do all other acts which they may deem expedient for effecting the objects contemplated by this incorporation.
SEC. 6. And be it enacted, That the president and directors of the said corporation shall be, and they are hereby invested with all the rights and powers necessary to the survey, laying out, construction, and repair of a rail or McAdamized road, not exceeding sixty-six feet in width, with as many sets of
Route of the tracks as they may dcem necessary: beginning at low water hout mark on the Delaware river, at the mouth of Craft's creek; thence, on lands of Anthony Taylor, fifty-eight chains; thence, across Lewis Coxe's land, sixty-four chains and fifty links; thence, across Ann Carty's lands, twenty-one chains and fifty links; thence, across Ann Wright's, Mary Scattergood's, and Clayton G. Atkinson's respective lands, eighty-four chains ; thence, on lands of John Aaronson, thirty-seven chains and fisty links, to the road leading from the village of Columbus to Biddle's wharf; thence, along side of said road to the said village of Columbus; thence, continuing by the south-west side of the road, to the village of Jobstown; thence, continuing along side said road, to near the village of Juliustown; thence, across lands of John Atkinson and John Chambers, thirty-two chains, to the aforesaid public road; thence, along side the said road, to Lewistown, forty-three chains; thence, leaving the road, along Thomas Haines' line, eighty-four chains; thence, through the Pines, one hundred and sixty-nine chains; thence, along side the road, to the vicinity of New Lisbon, making altogether thirteen miles and thirty chains, as the said president and di- Company rectors may by ordinance direct; and they, their agents, and may enter up
moo on lands,comservants, or others in their employ, may enter upon, take pos
pensating the session of, use, and excavate or level any land which may be owners. wanted for the site of said road, or the erection of warehouses or other works necessary for the purpose of the said corporation; but all lands and real estate thus entered upon, which are not donations, shall be purchased, by the said corporation, of
On disagree the owner or owners thereof, at a price mutually agreed upon ment of combetween them; and in case of a disagreement, as to price, it pany with shall be the duty of either of the justices of the supreme court, owners, com
missioners upon a notice to be given him by said corporation, or by the appointed by owner or owners of such land or real estate, to appoint three sup. court. disinterested commissioners, from the county in which the land
lies, to determine the compensation and damages which the owner or owners of said real estate or land have sustained by reason of the occupancy thereof by the said corporation: the said commissioners are also directed and required to assess the damage which any individual or individuals may sustain by the said road, arising from the removing, making, and maintaining the fences on the line of the route of the said road, through any improved land which the same may run: and it shall be the duty of the said commissioners, after having taken an oath or affirmation faithfully and impartially to discharge the trust herein reposed in them, to deliver to the said corporation a written statement, signed by them, or a majority of them, of the awards they shall make, containing a description of the lands or real estate appraised, together with the amount of assessment for running, making, and maintaining the fencing, to be recorded by the said corporation in the office of the clerk of the county where such lands are situated; and upon payment or tender of such compensation as aforesaid to the said owner or owners, then the said corporation shall be deemed seized and possessed, in fee-simple, of all such land or real estate so appraised; and in case any owner or owners of such land or real estate shall be feme covert, under age, non compos mentis, or out of the state, and in such case then the said corporation shall pay the amount which has been awarded as due to the last mentioned owners, respectively, in the court of chancery, to the clerk thereof, subject to the order of said court, for the use of the said owner or owners, all of which proceedings shall be had at the proper costs and charges of
the said corporation, to be determined by the said justice of Appeal from the supreme court: Provided always, that should the corpora. decision of i tion or owner of any real estate, land, or materials feel them
in commissioners to court of selves aggrieved by the decision of the commissioners aforecom. pleas. said, either party, upon six days' notice to the other, may ap
peal to the next court of common pleas, in the county where the land lies, and the said court of common pleas shall have the power thereupon to direct a proper issue for the trial of the said controversy, to be formed between the parties, and to order a jury to be struck, and a view of the premises or materials to be had, and the said issue to be tried, upon the like
notice, and in the same manner, as other issues in the said Amount of court are tried; and it shall be the duty of the said jury to as compensation sess the value of the said land or materials and damages susfor damages assessed by
S tained; and if they shall find a greater sum than the said comjury. missioners shall have awarded in favor of the said owner or
owners, then the judgment thereon, with costs, shall be entered against the said company, and execution awarded therefor; but if the said jury shall be applied for by the said owner or
owners, and shall find the same or a less sum than the company shall have offered, or the said commissioners awarded, then the said costs shall be paid by said applicant or applicants, and either deducted out of the said sum found by said jury, or execution awarded therefor, as the said court shall direct: Provided, that such application shall not prevent the said company from taking the said land or materials, upon filing the said report: And provided also, that in case the said company, Proviso. after the same is completed, shall abandon the said road, or
On abandonany part thereof, or cease to use and keep the same, or any part thereof, in repair, at any time for three successive years, lands to revesi that then and in that case this charter shall be annulled, and in former the title to the lands over which the said road shall pass shall owners. be revested in the person or persons from whom the lands were taken by concession or by inquisition, as aforesaid, their heirs and assigns; but the said road shall for ever thereafter be considered as a public highway.
Sec. 7. And be it enacted, That the said corporation may Corporation build bridges, fix scales and weights, raise embankments, or may build make any other works necessary for the construction, use, or bridges, dc. enjoyment of the said rail or McAdamized road; and in case of any damage done to the lands contiguous, by workmen and teams in the employ of the said corporation, either in constructing, repairing, or maintaining said rail or McAdamized road, the damages shall be determined in like manner, by commissioners appointed as aforesaid, with the same right of appeal. Sec. 8. And be it enacted, That the president and directors
the May establish shall have power to charge and demand tolls and rates for the passage of all carriages upon the said rail or McAdamized road, and fix, make, and, at pleasure, change and alter such Resu tolls and rates, and also to make regulations and rules for the and manner collection and levying of the same, and to regulate the time of transportaand manner of transporting goods and passengers, and manner tion. of collecting tolls on the said rail or McAdamized road, and also the description and formation of carriages that shall or may be used on said rail or McAdamized road, and all necessary machines, engines, wagons, carriages, or vehicles: Provided, that the said corporation shall cause the rates of tolls charged to be inscribed or painted in some conspicuous place at each gate where toll shall be required to be paid : Provided Proviso. also, that the said tolls so to be charged shall at no time exceed Rates of tolls. the following rates, viz: for an empty carriage with its appendages, weighing less than one on, two cents per mile; above one, and under two tons, five cents per mile; above three tons or more, eight cents per mile: and the following additional tolls for passengers or freight, viz: in the carriages as charged aforesaid, for every species of property, six cents per ton per mile, and three cents per mile for each and every passenger carried on said rail or McAdamized way in said carriages.
Sec. 9. And be it enacted, That if the corporation hereby