Page images
PDF
EPUB

AN ACT to incorporate the Camden and Woodbury Rail

Road and 'Transportation Company.

Sec. I. 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 Matlack, Joseph Ogden, Robert L. Armstrong, Jesse Smith, Joseph Fithian, Joseph Franklin, Amos Campbell, Joho M. Watson, Charles F. Clark, Joseph Saunders, Joho C. Smallwood, Samuel Webster, and such other persons as may hereafter be associated with them, shall be, and are bereby ordained, constituted, and declared to be a body corporate and

politic, in fact and in name, by the name of " The Camden and Style of In. corporation.

Woodbury Rail Road and Transportation Company ;" and by that name, they and their successors, and assigns, shall and may have continued succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and shall bave power 10 make and use a common seal, and the same at pleasure to alter; and they and their successors, by the same name and style, shall be capable of purchasing, holding and conveying any lands, tenements, goods and challels, whatsoever, necessary or expedient to the objects of this incorporation. I

Sec. 2. And be it enacted, That the capital stock of the

said corporation, shall be one hundred thousand dollars, with Amount of capital stock och liberty to the said corporation, to increase the same to one bun

dred and fifty thousand dollars, if necessary, and shall be divide ed into shares of fifty dollars each, which shall be deemed personal estate, and shall be transferable in such manner as the by. laws of said corporation shall direct.

Sec. 3. And be it enacted, That James Matlack, Joseph

h. Saunders, Jesse Smith, Amos Campbell, Joseph Ogden, Richscription for ard Fetters, and Richard W. Howell, of the county of Gloustock to be cester, be, and they are hereby appointed commissioners, 10 opened.

receive subscriptions to the capital stock of said corporation, and they, or a majority of them, are hereby authorized, for that purpose, 10 open books of subscription, at such times and places as they, or a majority of them, shall appoint, giring twenty days' notice of such times and places, in the newspaa pers published in the county of Gloucester, and one or more newspapers printed in the city of Philadelphia ; and at sucul times and places, so fixed, the said commissoners, or any three of them, shall attend and receive subscriptions to the said cap tal stock; and if more shall be subscribed, than by this act authorized, the said commissioners, or a majority of them, sh

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, 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.

Sec. 4. And be it enacted, That whenever there shall be one thousand shares of the said stock subscribed, and five thousand dollars paid in as above directed, the said commis- mode of annu sioners, or a majority thereof, shall give public notice for twen- al election of ty days, in all the newspapers published in the county of Glou- directors. cester, and in one or more newspapers printed in the city of Philadelphia, of a meeting of the subscribers to said stock, for the purpose of choosing directors, and organising the said com. pany; 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, nine directors; a majority of said directors chosen as aforesaid, 10 be citizens of this state, and to 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 sbares, above twenty, one vote, and that such stockholder or stockholders, may vote at any election by proxy, duly authorized for that purpose.

Sec. 5. And be it enacted, That the said board of directors, so to be chosen as aforesaid, shall and inay elect out of,

President to be their own body, or from among the stockholders, a president, che 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 reasonable 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 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 nolice of such required instalments, in all the newspapers published in the county of Gloucester, and in one or more newspapers printed Stock forfeited in the city of Philadelphia ; and if any stockholder shall neg. monte

.. and if any siopholder shall noc on non pay. lect or refuse, for lwenty days after such instalment is due, 10 ments

osen,

Directors to

pay the same, he, she, or they, so neglecting or refusing, sba forfeit their stock and all payments made thereon; and th said board of directors shall and may require from their trea

urer, such security as 10 them shall seem just; Provided a Proviso. ways, that no by-law or regulation of said company shall i

inconsistent with, or repugnant to, the laws of this state, or the United States, or this charter.

Sec. 6. And be it enacted, That when the said board directors are so selected and chosen, the said commissione are hereby authorized and required to pay over to the sa board of directors, or to such person as they, or a majority ! them, shall direct, all moneys which they have received for th subscription to said capital stock, first deducting therefrom, a expenses to which they have been exposed, for books, prioting or other expenditures, and the sum of one dollar per day, fa each and every day they shall have been employed in the du

ties of their appointment; and the directors so chosen, 231 fix time and their successors, shall annually thereafter, cause an election to place of annu. be held, at such time and place as their by-laws shall direct, for al election

directors of said corporation, and such directors, so angualy chosen, sball, in like manner, have power to elect their presi dent and other officers, agents, engineers, workmen, and artifcers, as is by ibe fifth section of this charter herein before provided; and shall and may have the power, at all times, 10 remove iheir officers and other persoos so appointed, and appoint others in their stead, if the interest of the company so require it, and also have power to fill all vacancies in the offices of said corporation, wbich may or shall happen from death, resignation, or otherwise.

Sec. 7. And be it enacted, That in case it should bappen Corporation not dissolved

and that an election of directors should not be made on the day, or for failure to at the time when, pursuant to this act it ought to be made, the elect on day said corporation shall not, for that cause, be deemed to be disprescribed.

solved, but such election may be held at any other time; and the directors for the time being, shall continue to hold their offices uniil new ones shall have been chosen in their places.

Sec. 8. And be it enacted, That the said president and di

rectors of the said company are hereby authorized and invested Location of

with all the right and powers necessary and expedient to sure rail road.

vey, lay out, and construct a rail road, not exceeding sixty-si feet in width, to commence at some point in the city of Law den, in the county of Gloucester, and to run thence to some point at the town of Woodbury, in said county, making in a tance from the city of Camden aforesaid, 10 the town Woodbury aforesaid, about eight miles: with as many sets tracks, or rails, as they may deem necessary; and it shall lawful for the said president and directors, their agenis, enzo

neers, 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, doing no unnecessary injury 10 private property ; and when the route of such road shall have been agreed upon, and filed in the office of the secretary of

* Survey of this state, then it shall be lawful for the said company, by its ronte officers, agents, engineers, superintendents, contractors, work. filed in Secre men, and other persons in their employ, to enter upon, take tary's office. possession of, bold, have, use, occupy, and excavate, any such lands, and 10 erect embankmenis, bridges, and all other works necessary to lay rails, and 10 do all other things which shall be suitable or necessary to lay rails, and to do all other things which shall be necessary or suitable to call into full effect The objects of this charter; Provided always, that the said cor• Proviso. poration shall pay, or make tender of payment, of all damages for the occupancy of the lands through which the said rail road may be laid out, before the said company, or any person in their employ, shall enter upon, or break ground in the preinises, except for the purpose of surveying said route, unless the consent of the owner or owners of such land be first had and obtained

Sec. 9. And be it enacted, That if the owners of the land, on which such rail road shall be made, shall not be williog 10 Proceedings give the same for such purpose, and the said company and own- wh

pany and er cannot agree as to the price of the same, it shall be the duty

We cury owners can. of any judge of the Inferior Court of Common Pleas of the not agree said county of Gloucester, 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, io appoint ihree disinterested freeholders of said county as commissioners, 10 assess the price or value of said iand, and also are directed and required to assess the damage which any individual or individuals may sustain by the said road, 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 meel, view the premises, and hear the parties and evidence, if desired, and therein make such decision and award

as to them shall appear just and proper, and transmit such award , and decision, together wiib such description of the said land,

and the quantity taken, by whom owned, and how situate bounded, and described, in writing, under their hands and seals, or a majority of them, to the judge who appointed ihem, to be hy, him returned and filed, together with all the papers before hiin relating thereto, in the clerk's office of the county, there to be kept as a public record, and copies taken is required, by either party; if either party shall feel aggrieved by the decision of

e con

such commissioners, the parties so aggrieved may appeal to the Inferior Court of Common Pleas of the counts, a The first or second term after the decision of the commissioners by proceeding in the form of petition 10 said court, with notin to the opposite party of sucb appeal, which proceedings shal vest in said Court of Common Pleas, full right and power ! hear aud adjudge the same, and is required, they shall award i venire, in the common form, for a jury before them, who sbal bear and finally determine the saine ; and it shall be the duty o the said jury to assess the value of said laod, and all damage sustained; and for that purpose to view the lands in question, i required by either party so to do; and if the said jury be de manded by the company, and they shall find a greater su ihan said commissioners, then judgment shall be given ril costs, against the said compeny, and execution issue, if need bei but if the said jury shall be demanded by the owner or owner: and shall find the same, or a less sum than the commissionen awarded; then the costs shall be paid by the owner or owner! and shall be deducted out of the said sum so awarded, or erfcution issue therefor, as the court shall direct; and upon para ment or tender of the suin so found by the commissioners of bij the jury, with costs, if any, the said corporation shall be deer ed io be seized and possessed, in fee simple, of all such lot and real estate so appraised as aforesaid.

Sec. 10. And be it enacted, That in case any owner of OwaValue of e rs, of such land or real estate, shall be seme covert, uoder age lands to be non compos, out of the state, or under any other legal disability, paid into court of chanccry in

in which would prevent their agreement with the said company, certain cascs then it shall be the duty of the said corporation, to pay the #

mount of any award or report so made in behalf of any such person, into the Court of Chancery to the clerk thereol, soba ject to the order of said court, for the use of the said owner or owners, all of which proceedings, as well under this as the la section of this act, shall be at the proper costs and charges The said corporation, except in cases of appeal above propio for, and the said judge shall and may order and direct the mount of costs and charges of such valuation, appraiseme and witnesses fees.

Sec. 11. And be it enacted, That it shall be the doty of salt Other roads company, 10 construct and keep in repair, good and suficie not to be ob bridges or passages over or under the said rail road, where og structed. public or privale road shall cross the same, so that the passe

of carriages, borses and caule, over the said road, shall not impeded thereby ; and, also, where the said road shall intera any farm or other lands, of any individual, to provide and k in repair suitable wagon ways, over or under said road, so the same may be conveniently passed ; and likewise, 10 W

« PreviousContinue »