Notice of a mount of assess ment to be given to owners, &c. Timber &c. on lands, when owner is not known, to be ses. aforesaid ditch or drain, giving at least five days notice thereof, and if any such owner or owners, possessor or possessors, shall neglect to work in pursuance of such notice, of which evidence may be given by the person making it, whether a manager or not, then, and in such case, he or they so neglecting, shall be liable to pay the amount of their assessment in money to the said managers. Sec. 6. And be it enacted, That it shall be the duty of the managers, where any owner or owners, possessor or possessors, shall not give notice, as aforesaid, of their election to work out their assessment, to notify them, either personally or by causing a written notice to be left at their usual place of abode, of which, evidence may be given by the person giving such notice, whether a manager or not, stating the amount of their respective assessments, demanding the same, and in case such owner or owners, possessor or possessors, shall refuse or neglect to pay the same for the space of thirty days thereafter, it shall and may be lawful for the managers elected, to sue for and recover the same in their own name, from each and every individual so neglecting, as aforesaid, before any court of competent jurisdiction, with costs of suit, to be applied for the aforesaid purposes. Sec. 7. And be it enacted, That if in designating the several lots of land within the boundaries aforesaid, there should be any other owners who are not known or cannot be found, sold for expen- then, and in such case, it shall be the duty of the managers, from time to time, to assess the same as other such lands are assessed, within the boundaries aforesaid, and to enter upon and sell off so much of the wood and timber, and herbage there standing or growing, as may be necessary to pay the said assessment, having first given notice of such sale at least three weeks, by advertisements put up in three of the most public places in the neighborhood where the land lies; and it shall and may be lawful for any person purchasing as aforesaid, to enter upon the said land, and cut and remove any such timber, wood, or herbage, as is particularly designated in said sale. Managers to account annually. Sec. 8. And be it enacted, That the managers shall annually account to the owners for all moneys, or assessments of labor which have come into their hands, or been apportioned by them, and pay over all balances remaining in their hands, if any, and deliver over the books and papers of every description pertaining to the aforesaid trust, immediately upon their going out of office, to their successors, under the penalty of one hundred dollars, on the default, to be sued for and recovered by the successors in office, with costs of suit, and to be applied, when recovered, to the purpose of clearing out said ditch or drain. Passed February 11, 1834. AN ACT to divorce Sarah C. Gulick from her husband Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the sume, That Sarah C. Gulick, of the county of Middlesex, be, and she is hereby divorced from her husband, Abraham Gulick, and that the marriage contract heretofore existing between them, the said Sarah C. Gulick, and Abraham Gulick, 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. 10 AN ACT to incorporate the Bridgeton and Centreville Railroad and Transportation Company. power poration. 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 David Reeves, Isaac Johnson, William Loper, George W. Janvier, Jeremiah Stull, James Hood, jun., Samuel Porch, David Vanmater, and their associates, shall be, and are hereby constituted a body politic and corporate, in law, by the name of "The Bridgeton and Centreville Railroad and Transportation Company," and by that name, they Style of incorand their successors shall be known in law, and have to sue and be sued, defend and be defended in all courts of law and equity whatever, and by that name shall be capable of purchasing or otherwise receiving and becoming possessed of, and holding or conveying any real or personal estate; shall have perpetual succession, and may have a common Powers. seal, and the same to alter or renew at pleasure; and have, exercise, use and enjoy all the rights, powers, privileges, benefits and immunities that pertain to other corporate bodies, and which may be necessary for the purposes of this act. Sec. 2. And be it enacted, That the capital stock of the said corporation shall be thirty thousand dollars, with liberty Amount of capito the said corporation, to increase the same to fifty thousand dollars, if necessary, and shall be divided into shares of twenty-five dollars each, which shall be deemed personal estate, and shall be transferable in such manner as the bylaws of said corporation shall direct. tal stock. #criptions. Sec. 3. And be it enacted, That David Reeves and Fayette Pierson, of Cumberland, Thomas Whitaker and Isaac JohnCommissioners son, of Salem, and William Porch, of Gloucester, be, and to receive sub- they are hereby appointed commissioners to receivé subscriptions for the capital stock of said corporation, and they, or a majority of them, are hereby authorized, for that purpose, to open books of subscription, at such times and places as they, or a majority of them, shall appoint, giving twenty days notice of such times and places, in a newspaper of each of the counties of Cumberland, Salem and Gloucester, and at such times and places so fixed, the said commissioners, or any three of them, shall attend and receive subscriptions to the said capital stock; and if more shall be subscribed than by this act is authorized, the said commissioners, or a majority of them, shall apportion the same as to them shall seem fair, equitable and just; and at the time of subscribing for said stock, five dollars on each share subscribed, shall be paid to the said commissioners, in gold or silver coin, or legal and current bank notes, and the residue thereof may be called in, and shall be paid at such times, and in such amounts, by instalments, as is, by this act hereinafter directed; and the said commissioners may meet from time to time, until the whole stock be subscribed. Time and mode rectors. Sec. 4. And be it enacted, That whenever there shall be six hundred shares of the said stock subscribed, and three thousand dollars paid in as above directed, the said commisof choosing di- sioners, or a majority thereof, shall give public notice for twenty days, in one or more newspapers of this state, nearest. the location of said road, of a meeting of the subscribers to said stock, for the purpose of choosing directors, and organizing the said company; and of which said election the said commissioners shall be the judges, which subscribers, when so met, shall proceed to elect, by ballot, from among the subscribers or stockholders, seven directors, who shall be citizens and residents of this state, and hold their offices for one year, and until others are elected, and each stockholder, at such election, and at all future elections of said corporation, shall have one vote for each share, he, she or they, shall own at the time of such election, not exceeding twenty shares, and for every five shares above twenty, one vote, and that such stockholder or stockholders may vote at any election by proxy, duly authorized for that purpose. chosen. Sec. 5. And be it enacted, That the said board of direcPresident to be tors, so to be chosen as aforesaid, shall and may elect out of their own body, or from among the stockholders, a president, and such other officers, with such salaries as they may deem proper, and shall and may employ such artificers, engineers, agents, laborers and workmen, for the purpose aforesaid, with such compensation as shall appear to the said directors, rea sonable and just; and shall and may make, ordain and establish such by-laws and regulations for their own government, and that of the persons by them employed, as shall and may from time to time be necessary to effectuate this charter, and a majority of the said board, shall, at all times, be a quorum for the transaction of business, and may have power to call in the remainder of the capital stock of said corporation, by instalments, not exceeding ten dollars each, by giving thirty days notice of such required instalments, in one or more newspapers, circulating, generally, in the neighborhood where such stockholders reside; and if any stockholder shall neglect or refuse, for twenty days after such instalment is due, to pay Instalments forthe same, he, she, or they, so neglecting or refusing, shall feited on failure forfeit their stock and all payments made thereon; and the said hoard of directors shall, and may, require, from their treasurer, such security as to them shall seem just; Provided always, that no by-law or regulation of said company, shall be inconsistent with or repugnant to the laws of this state, or of the United States, or this charter. to pay. Proviso. Commissioners to pay over mo to directors. Sec. 6. And be it enacted, That when the said board of directors are so elected and chosen, the said commissioners are hereby authorized and required, to pay over to the said board of directors, or to such person as they, or a majority neys received of them shall direct, all money which they have received for the subscription to said capital stock, first deducting therefrom all expenses to which they have been exposed, for books, printing, or other expenditures, and the sum of one dollar per day, for each and every day they shall have been employed in the duties of their appointment; and the directors so chosen, and their successors, shall annually thereafter, cause an election to be held at such time and place, as their by-laws shall direct, for directors of the said corporation; and such directors so annually chosen, shall in like manner, have of directors. power to elect their president and other officers, agents, engineers, workmen and artificers, as is by the fifth section of this charter herein before provided; and shall and may have the power at all times, to remove their officers and other persons so appointed, and appoint others in their stead, if the interests of the company shall require it, and also have power to fill all vacancies in the offices of said corporation, which may or shall happen, from death, resignation, or otherwise. Annual election on day prescrib Sec. 7. And be it enacted, That in case it should happen that an election of directors should not be made on the day, Corporation not or at the time, when pursuant to this act it ought to be made, dissolved for the said corporation shall not for that cause, be deemed to failure to elect be dissolved, but such election may be held at any other time; ed. and the directors for the time being, shall continue to hold their office until new ones shall have been chosen in their places. H enter upon lands, &c. Sec. 8. And be it enacted, That the said president and directors of the said company, are hereby authorized and invested, with all the right and powers necessary and expedient to survey, layout, and construct a railroad, to com. mence at or near the termination of Point street, in the town of Bridgeton, Cumberland county, at Cohansey creek, and to run thence by the most eligible route to Carlsburg, in said county of Cumberland, about three miles, passing through said village, and thence still by the most eligible route on the west side of a certain public road of four rods wide, from Carlsburg to Centreville, in the county of Salem; thence by the most eligible route to or near Little Ease Mills, in the county of Gloucester, making the whole distance about sixteen miles; with as many sets of tracks or rails as they may deem necesCompany may ⚫sary; and it shall be lawful for the said president and directors, their agents, engineers, superintendents or others in their employ, to enter at all times upon all lands or water, for the purpose of exploring, surveying, levelling or laying out the route or routes of such road, and of locating the same, and to do and erect all necessary works, buildings and appendages thereof, doing no unnecessary injury to private property; and when the route of such road shall have been agreed upon, and filed in the office of the secretary of this state, then it shall be lawful for the said company by its officers, agents, engineers, superintendents, contractors, workmen and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate any such lands, and to erect embankments, bridges, and all other works necessary to lay rails, and to do all other things which shall be suitable or necessary to call into full effect, the objects of this charter: Provided always, That the said corporation shall pay or make tender of payment, of all damages for the occupancy of the lands, through which the said railroad may be laid out, before the said company, or any person in their employ, shall enter upon, or break ground in the premises, except for the purpose of surveying said route, unless the consent of the owner or owners of such land be first had and obtained. Proceedings when the com Sec. 9. And be it enacted, That if the owners of the land on which such railroad shall be made, shall not be willing to pany and owners give the same for such purpose, and the said company and of lands cannot owner cannot agree as to the price of the same, it shall be agree upon their the duty of any judge of the Inferior Court of Common Pleas value. Commissioners of the county, in which the said disputed land shall lie, who is disinterested in the premises, upon the application of either party, and after notice to the opposite party of such application, and after hearing the parties, to appoint three disinterappointed to ap- ested commissioners of such county, to assess the price or praise the value value of said land, who shall be sworn before said judge, faithfully to execute the duties of such appointment, and after notice to both parties, of the time and place, shall meet, of lauds. |