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and when the capital stock shall be subscribed for, and the books closed, and the apportionment made, it shall be the

duty of the persons named in the second section of this act, Directors to be or a majority of them, to call a meeting of the stockholders, chosen. upon like notice as above, to choose seven directors, and such election shall be made by ballot, at the said time and place, by such of the stockholders, as shall attend for that purpose, either in person, or by lawful proxy, each share of the capital stock, entitling the holder thereof, to one vote; and the said persons or a majority of them, shall be the inspectors of the first election of the said corporation, and shall certify under their hands, the names of the persons duly elected, and deliver over the said subscription books to the directors; and that annually thereafter, upon the like notice being given by the directors for the time being, the stockholders shall, in like manner, elect the same number of directors, and also the directors for the time being, shall appoint three inspectors of the election, who shall be stockholders, and the first meeting of the directors shall be appointed by the persons mentioned in the second section of this act, or a majority of them; and the directors chosen at any of the elections shall be the citizens of this state, and as soon as may be after every election, choose out of their own number, a president, President to be and in case of the death, resignation, or removal of the president, or any director, such vacancy or vacancies, may be Vacancies supfilled for the remainder of the year, wherein they may happen, by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, shall and may appoint a president pro tempore, who shall have such power and perform such duties as the by-laws of the said corporation shall provide and enjoin.

Sec. 6. And be it enacted, That if an election of directors should not be made during the day, when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but such election may be held at any time within six months after, on notice as aforesaid, and the directors for the time being, shall continue to hold their offices until new ones shall have been chosen in their places.

appointed.

plied.

Corporation not dissolved for

failure to elect on day prescrib

ed.

tors.

Sec. 7. And be it enacted, That the directors, or a majority of them, shall be competent to transact all the business of the said corporation, and they shall have power to call in Duties of directhe remainder of the capital stock of the said company, by instalments, not exceeding five dollars on each share at any one time, and at such times as they may direct, by giving three weeks notice, published in the newspaper printed in the county of Monmouth, or in one printed at New-Brunswick; and in case of the non-payment of the said instalments,

G

Previous instal ments forfeited

on failure to pay.

Office of direc tor to be vacat

ed on transfer of shares.

or any one of them, to forfeit the share or shares, upon which such default shall arise, to and for the use of the said corporation; and the said directors, or a majority of them, shall make and prescribe such by-laws, rules and regulations, as to them shall appear needful and proper, touching the management and regulation of the stock, property and effects of the said corporation, and shall also have power to appoint a secretary, treasurer, agents, superintendents, and such servants as may be required to transact the business of said corporation, and allow such compensation to the president and other officers and servants, as to them shall seem proper, and they shall exact from the treasurer, sufficient security for the due performance of his trust, and whenever any share or shares of stock shall become forfeited for non-payment of the instalments of any part thereof, in the manner set forth, the forfeited share or shares may be sold by the president and directors, for the time being, for such prices as can be had for them, and the purchaser or purchasers shall be deemed and considered as members of the company, as fully as if they had been originally stockholders.

Sec. 8. And be it enacted, That in case either of the directors shall transfer the whole of his or their shares of stock in this company, the office of such director or directors shall thereupon become vacated, and in case of vacancy in the office of a director for such cause, the remaining directors shall supply the same, and the directors so chosen shall have the same power and perform the same duties, and be in all respects the same as if elected by the stockholders.

Sec. 9. And be it enacted, That the directors of the said corporation shall have power to fix and regulate the prices of Directors to re- transportation of passengers, goods, wares, and merchandise, gulate prices of Wagons, carriages, horses, cattle, and stock of every descrip

transportation.

tion that may be transported in boats belonging to said corporation, and declare dividends, retaining such surplus funds as they may deem proper, and do other acts necessary or expedient to enable them to manage the property of the said corporation to the best advantage.

Sec. 10. And be it enacted, That as soon as four thousand When company dollars of the capital stock of the said corporation shall be

may commence

operations.

paid in conformably to the provisions of this act, the said corporation may proceed to put in operation the contemplated intercourse, by means of steamboat navigation, and to the accomplishment of all the objects for which this corporation was granted.

Sec. 11. And be it enacted, That the dock or wharf, rented or owned and occupied by the said corporation, shall be for the exclusive use of the said corporation, and that no person structing the free shall use, occupy, or obstruct the free use of the same, by use of the wharf. the said corporation, without special permission of the direc

Penalty for ob

tors, or the agent appointed to superintend the same, and any person so offending, shall forfeit and pay for the use of the corporation, the sum of twenty-five dollars, to be recovered by an action of debt in any court having competent jurisdiction of the same; and shall also be liable to pay to said corporation the amount of damages sustained thereby, to be sued for in an action of trespass.

Capital not to be

Sec. 12. And be it enacted, That no part of the capital stock or moneys of the corporation shall be used or employed employed in by said company, for banking or other purposes, not clearly banking. indicated in this act, under the penalty of forfeiting this

charter.

act.

Sec. 13. And be it enacted, That this act shall continue Limitation of to be in force during the term of twenty years, from the passage thereof; Provided, that it shall be lawful for the Coun- Act may be altered or repealcil and General Assembly, at any time hereafter, to amend, ed. repeal, or modify this act.

Passed February 11, 1834.

AN ACT to divorce Jacob Godfrey, from his wife Phebe

Godfrey.

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 Jacob Godfrey, of the county of Gloucester, be, and he is hereby divorced from his wife Phebe Godfrey, and that the marriage contract heretofore existing between them, the said Jacob Godfrey, and his wife, Phebe Godfrey, be, and the same is hereby as fully and absolutely dissolved, as if they had never been joined in matrimony; Provided nevertheless, that the issue of the said marriage shall not be deemed illegitimate.

Passed February 11, 1834.

AN ACT to divorce Catharine Bunnell, from her husband
Ruben T. Bunnell.

Sec. 1. BE IT ENACTED by the Council and General Assem-
bly of this state, and it is hereby enacted by the authority of the
same, That Catharine Bunnell, of Sussex, be, and is here-
by divorced from her husband, Ruben T. Bunnell, and that
the marriage contract heretofore existing between them, the
said Catharine Bunnell and Ruben T. Bunnell, her husband,
be, and the same is hereby as fully and absolutely dissolved,
as if they had never been joined in matrimony.
Passed February 11, 1834.

Authorized to

drain swamp.

Managers appointed.

AN ACT to enable the owners of a certain swamp and low lands, near Abraham P. Bogart's at Maucapin, township of Pompton, in the county of Bergen, to open the outlet, and drain the same.

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 it shall and may be lawful for the owners and possessors of all that tract of swamp and low land, lying at Maucapin, in the township of Pompton, county of Bergen, containing one hundred acres, and belonging to Abraham P. Bogart, Robert Merian, Samuel Hennion, John P. Shulster, Dominick Merian, Gilbert Smith, and George Tintle, to improve the same by ditching or draining, as may, in the judgment of the managers hereinafter named, appear necessary and proper.

Sec. 2. And be it enacted, That Joseph Board, David H. Reaves, Esq. and Capt. Isaac Smith, be managers, and continue in office till others shall be chosen in their stead, by the owners of said lands or swamps, whose duty it shall be, as soon as practicable, to view and fix the line or boundaries of the said ditch or drain by actual survey, and determine where the line of said ditch shall be, commencing near a bridge called Sanders' bridge, west of Abraham P. Bogart's dwelling, running northerly to a meadow belonging to Abraham P.Bogart and Ralph Bogart; thence northeasterly to the Maucapin road, crossing it; thence southerly over lands of said

Bogart, Robert Merian, Samuel Hennion, Gilbert Smith, John P. Shulster, Charles Merian, Dominick Merrian, Jacob Struble, George Tintle, to the main road near said Tintle's house, and to intersect the Maucapin road near Gilbert Smith's; and also by actual survey, or otherwise to ascertain the boundaries of such lands, as may, in their judgment, be benefitted by the said ditching; and said boundaries so made, and the number of acres belonging to each owner, shall be fairly entered in a book by them kept for that purpose, and shall not be altered, except at an annual meeting of the said

owners.

Sec. 3. And be it enacted, That the first annual meeting Time and mode shall be held at the house of Gilbert Smith, in the township of electing manof Pompton, near said premises, on the first Monday of May, agers. next ensuing, and on the first Monday of May annually thereafter, at such place as shall have been agreed upon at a previous annual meeting, by a majority of the owners, at which time and place, the owners and possessors aforesaid, shall between the hours of one and five o'clock in the afternoon, proceed to elect three managers, each owner having Mode of voting. one vote, and one additional vote for every fifty dollars worth of said meadow, who shall determine the amount of money to be raised for the expenses for the year, and to fix the rate of labor per day, and compensation of the managers, all which shall be regularly entered in the book aforesaid, and which entry shall be evidence of the proceedings of said annual meeting and their managers.

Sec. 4. And be it enacted, That the managers elected as aforesaid, shall assess the sums agreed upon to be raised at the annual or other meeting, or ordered by the managers on the lands embraced in said boundaries, or such as are benefitted by said ditch or drain, in proportion to the value and benefit, in their judgment, the lands will receive, and to fix the time for opening said ditch or drain, and to superintend and direct the same, to receive and appropriate all moneys and labor, at their discretion, for effectually draining said swamp or low lands, and may enter upon the said land, cut, and remove timber and wood necessary for the purpose of effectually making said ditch or drain.

Managers to assess the expense on the owners.

of draining, up

Sec. 5. And be it enacted, That the owners and possessors Owners may

of the land aforesaid, shall be privileged to work out their as- work out their sessment at the rate agreed upon as a compensation for their assessment. labor, at a previous annual meeting, or by the managers: Provided, such owner or owners, possessor or possessors, shall, at or within ten days after an annual meeting, give notice to any one of the acting managers of their intention so to do, in which case, it shall be the duty of the managers to notify them personally, or to cause a notice in writing, to be left at their usual place of abode, stating the amount of their assessment, and the time and place agreed upon for working at the

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