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AS ACT to authorize Ann Wanmaker, administratrix of John Wanmaker, deceased, to fulfil a contract for the sale of a lot of land, made by the said John Wanmaker, deceased, with Cornelius J. Bogert
Whereas it appears that John Wanmaker, late of the county Preamble, of Bergen, deceased, did, in his lifetime, contract and sell, by a certain verbal contract, to Cornelius J. Bogert, a certain lot of land, situated in the township of Hackensack, in said county, containing about two acres of land, or thereabouts, and now in the possession of the said Cornelius J. Bogert, and that all the consideration money has been paid by the said Cornelius J. Bogert to the said John Wanmaker, in his lifetime; all which appearing just and reasonable— Therefore,
Sec 1. Be It Enacted by the Council and General Assembly of (his Slate, and it is hereby enacted by the authority of the same. That the said Ann Wanmaker, administratrix of John Land of John Wanmaker, deceased, be, and she is hereby authorized and Wanmaker, empowered to make a deed of conveyance unto the said Cor- deceased, aunelius J. Bogert, and to his heirs and assigns, for a certain lot thomed t°bc of land, in the township of Hackensack, in the county of Ber- Come'lius J. gen, containing two acres of land, or thereabouts, now in pos- Bogert. session of the said Cornelius J. Bogert, and which the said John Wanmaker, by a certain contract, in his lifetime, agreed to convey unto the said Cornelius J. Bogert; which deed, when duly executed and delivered, shall be as good and effectual for the conveyance of the said lot of land as if the same had been made and executed by the said John Wanmaker in his lifetime.
Passed February 12, 1833.
AN ACT to incorporate the Columbia Glass Manufacturing Company.
Whereas it is represented, that a number of individuals have associated together, for the purpose of establishing and car- Preamble. Tying on a manufactory of window glass and all other artistes of glassware incidental to a glass manufactory, at the TuTage of Columbia, in the county of Warren, in this state, and have erected suitable and necessary buildings for the purposes of said manufactory—Therefore, Sec. L Be It Enacted by the Council and General Assembly of ihit State, and it is hereby enacted by the authority of the *ame, That William Heyberger,' C. D. William Lilliendahl,
Style of incorporation.
Amount of capital stock.
How to be employed.
Time and mode of electing directors.
Duties of directors.
John J. Vankirk, Frederick Saladc, Jacob Beck, and all such persons as shall hereafter be associated with them lor the purpose expressed in the preamble to this act, their successors and assigns, shall be, and they are hereby incorporated, by the name of" the Columbia Glass Manufacturing Company," and, by the same name, they and their successors, and assigns, are hereby constituted a body politic and corporate in law, and shall be able and capable, in law, to acquire, purchase, receive, have, hold, and enjoy any lands, tenements, and hereditaments within the said county of Warren, not exceeding in quantity five hundred acres, and in value ten thousand dollars, and goods and chattels necessary for the purposes aforesaid, and the said lands, tenements, and hereditaments, goods and chattels, or any part thereof, to sell, grant, demise, alien, and dispose of; also, to sue and be sued, plead and be impleaded, in courts of justice or any other place whatever; to make and use a common seal, and the same to alter and renew at their pleasure.
Sec. 2. And be it enacted, That the original capital stock of said company shall be twenty thousand dollars, with liberty to increase the same to any amount not exceeding, in the whole, one hundred thousand dollars, which stock shall be divided into shares of twenty dollars each, to be employed in manufacturing glass and other articles incident to a glass manufactory, and in purchasing such lands, tenements, hereditaments, and erecting thereon such building*-, at Columbia aforesaid, and doing such other matters and things as shall be needful for carrying on a manufactory or manufactories of the said glass and other articles, as is set forth in the preamble. ■ Sec. 3. And be it enacted, That the stock, property, and concerns of said company shall be managed and conducted by five directors, being stockholders, one of whom to be president, who, after the first directors, herein after named, shall hold their offices for one year, and until others are elected in their stead: that the first election for directors of said company shall be held on the first Monday in May next, and annually thereafter, at such time and place, in the village of Columbia aforesaid, as the directors for the time being shall direct, of which election public notice shall be given in all the newspapers printed in the county of Warren aforesaid, at least two weeks previous to such election; and eveny such election shall be by ballot, and each stockholder present, or by proxy, shall be entitled to as many votes as he shall hold shares of the capital stock of said company; and the persons, being stockholders, having the greatest number of votes, shall be the directors.
Sec. 4. And be it enacted, That a majority of the directors for the time being shall form a board for the transaction of the business of said company, and shall have power to ordain, establish, and put in execution such by-laws, ordinances, and regulations, not repugnant to the laws and constitution of this state or of the United States, as shall be necessary and convenient for the government, management, and disposition of the property, stock, effects, profits, and concerns of the said company, and shall and may appoint all such officers, agents, and servants of said company as to them shall seem necessary, and allow and pay them such compensation for their services as to them shall appear just and reasonable: and in case Vacancies, any vacancy shall happen in the office of director, by death, how filledresignation, or otherwise, the remaining directors for the time being, or a majority of them, shall have power to fill such vacancy for the remainder of the year, by the appointment of any stockholder: and the first directors shall be William Heybergher, C. D. William Lilliendahl, John J. Vankirk, Frederick Salade, and Jacob Beck, who shall hold their offices until the first Monday in May, in the year of our Lord one thousand eight hundred and thirty-three, and until others shall be elected in their stead.
Sec. 5. And be it evaded, That it shall be lawful for the directors of the said company to call and demand from the S[ock said stockholders, respectively, all such sums of money by e(] on ,£;iurJ , them subscribed, at such times and in such proportions as they to pay installshall deem proper, under the penalty of forfeiting the shares merits after by them respectively held, and all previous payments made nollcethereon, if such payments shall not be made w:ithin sixty days after notice requiring such payment shall have been published for that time in the public newspapers printed in the county of Warren aforesaid, and in case any stockholder shall reside in the city of New York or Philadelphia, then in one or more of the public papers printed in those cities respectively: Provided Proviso, it shall not exceed three dollars on each share subscribed, at any one time, nor at shorter periods than fifty days between the times of calling in said payments.
Sec 6. And be it enacted, That in case at any time an elec- Corporation tion should not be made on the day specified in this act, the not dissolved corporation for that cause shall not be deemed to be dissolved, for failure of but it shall and may be'lawful to hold such election on such <jlec'ing°n other day as shall be prescribed by the by-laws and ordinances edf of the said corporation.
Sec. 7. And be it enacted, That the stock and property of Stock to bo tiie said company, of whatever nature or kind, shall be deemed deemed perpetsonal estate, and shall be transferable in such manner as 80nal estatf' shal be prescribed by the by-laws of the said corporation, but no transfer of stock shall be valid, unless it be entered or registered in the book or books, to be kept by the president and directors for that purpose.
Sec. 8. And be it enacted, That the directors shall at all Boot open to times keep, or cause to be kept, at their office or manufactory, inspection of proper books of account, in which shall be regularly entered Skx*"0^. all the transactions of the said company; which books shall
always and at all times be open to the inspection of the stockholders of said company.
Sec. 9. And be it enacted, That no dividend shall be made among the stockholders, except out of the profits of the busi
ness of the said company, and that the said company shall not Not to engage employ any of their funds in any banking or insurance operain banking. tions, and that this act shall be and continue in force for the Limitation of term of fifty years from the passing thereof, and from thence charter. until the next session of the legislature, and no longer.
· Passed February 12, 1833.
A Supplement to the act entitled, “ An act to prevent in certain cases,
the abatement of suits and reversal of judgments."
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 in every suit or action, in the court of chancery, in which any bill has been, or shall be filed, and the subpæna returned, served, and in which there was, is, or shall be, but one plaintiff, or one defendant, and the said plaintiff hath died,
or shall die, the lawful representative or representatives of Representa- such deceased plaintiff, or any other person or persons intertive of deceas- ested, by the death of such plaintiff, shall and may, upon affied plaintiff may be inser."
er davit thereof by him, her or them, or any other person or perted as com- sons, and on motion made in court, be, by rule or order of the plainant in a court, inserted as a complainant or complainants, in the said suit in chan- suit, and be permitted to make such amendment in the bill or cery.
bills of complaint, as his, her, or their title or interest therein may require; and upon such terms as the court may direct; to which amendment or amendments the defendant or defendants shall be compellable, by rule or order of the said court, to answer, proceed to issue, and examination of witnesses, and productions of proofs, and all other proceedings shall be had thereon, as in ordinary cases.
Sec. 2. And be it enacted, That if in any such suit, in which there was, is or shall be, but one defendant, and the said de
fendant has, or shall happen to die, and the plaintiff or plainPlaintiff may tiffs choose to make the representative or representatives of make repre
ive of the deceased party, or others who have, or may become indeceased de- terested by the death of such decedent parties to such suit, no fendant, party bill of revivor or subpæna ad revivendum shall be necessary; to suit.
but the court shall and may, by rule or order, as often as there shall be occasion for it, direct the suit to stand revived; which rule or order shall be served as the court may direct; and
unless the representative or representatives of such deceased party, or others, who may become interested by the death of such party, shall, within such time after service, as aforesaid, as the court shall limit and appoint, appear and put in their answer, or signify their disclaimer of the suit, and the matters in controversy therein, the plaintiff or plaintiffs may cause his or their appearance to be entered, and in such case the answer of the deceased party, if any there be, shall be deemed and taien as, and for the answer of such representative or representatives, or other person or persons interested by the death of such party; and such further proceedings may and shall be had in the said suit, as are according to equity, and the rules and practice of the said court.
Sec. 3. And be it enacted, That in case of the death of any sole plaintiff, if his lawful representative or representatives, or Kepresentasuch other person or persons as shall become interested by his foe of solo death shall not, within such time as the court may limit and cea^JjffI^' appoint for that purpose, cause himself, herself, or themselves making himto be entered as complainant or complainant? in the said suit, self party, or in the room of such deceased plaintiff; or in case of the death plaintiff fcilof any sole defendant, if the plaintiff or plaintiffs shall not "^TM,^e maie the representative or representatives of the deceased de- tivo of solo fendant, or others who may have become interested by the defendant death of such decedent party or parties to such suit, and cause P"'}'-suit at the said suit to stand revived, within such time as the court 811 cnd" shall limit and appoint for that purpose; that then, and in every such case, the said suit shall be considered as at an end, and shall not be revived in the manner provided for by this act.
Sec. 4. And be it enacted, That hereafter the rule or order Rule to be required by the fifth section of the act, to which this is a sup- """loathe plement, to be served on the clerk, shall be served on such may person or persons as the court may direct.
Sec. 5. Provided always, That nothing in this act contained shall prevent the reviving of any such suit, as before mention- Right of reed, by bill of revivor, when the plaintiff or his representative living suit by or representatives, or others, who may become interested by ^1 affected"' the death of such plaintiff, may prefer that course of practice; or when the court may deem it expedient to direct that course ofpractice to be pursued.