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on, with passengers or property, upon payment of the tolls by
this act allowed, and where the carriages that so pass said road,
are owned by other persons than the company, the following
rates of toll shall be paid to said company: three cents per
mile, per ton, for the transpostation of property (not herein
specified) three cents per ton, per mile, for marl, three cents per
thousand feet for lumber, per mile, three cents per cord, per
mile, for wood, one-eighth of a cent per mile, per bushel, for
grain, two cents per mile, for each passenger, and one and a
half cents per mile, for each empty carriage, car, or other vehi-
cle, and the same for each horse, mare, gelding, or mule; pro-
vided, that the said carriages so used thereon, shall be of the Proviso.
same description, in the formation of the wheels and length of
axle, as those used by the company, and shall be so regulated
as to the time of starting, and rates of travelling, as not to inter-
fere with the carriages of the company, or with acy regulations
they may adopt, under the provisions of this act, and the per-
sons travelling on said road, shall, at all times, be subject to the
rules of said corporation.

Statement to

Sec. 17. And be it enacted, That as soon as the rail road be filed with with its appendages, shall be finished and completed, the presi- Secretary of dent and treasurer of said company, nnder oath or affirmation State shall file a statement in the office of the secretary of state, of the actual cost of said road, including all expenses; and annually thereafter the president and treasurer of said company shall make a statement to the Legislature of this state, under like oath or affirmation, of the proceeds of said road, and as soon as the nett proceeds of said road shall amount to six per centum per annum upon its whole cost, the said corporation shall pay the treasurer of this state a tax of one half of one per centum Tax to be per annum on the cost of said road, to be paid annually on the paid first Monday of January in each year; provided, that no other tax for the use of the state shall be imposed upon the said corporation or their properry.

Sec. 18. And be it enacted, That the said corporation shall not in any manner or form use or employ any part of their stock, funds, or other estate, in banking operations, upon penalty of the immediate forfeiture of this charter.

Funds not to

be employed for other pur

poses

altered

Sec. 19. And be it enacted, That this act shall be deemed and taken as a public act, and shall at all times be recognized Act may be as such in all courts and places whatever; and shall be and continue in full force, for the term of thirty-five years: and the Legislature reserve the right to alter, amend, or modify this act, whenever in their opinion the public good repuires it.

Passed, March 7, 1836.

Preamble

AN ACT authorizing Louis M. Prevost to sell and conver certain premises therein mentioned, in the county of Hunterdon.

WHEREAS, Andrew M. Prevost, and Hannah, his wife, by indenture, bearing date the sixteenth day of October, i the year of our Lord eighteen hundred and twenty-eight did grant and convey unto Louis M. Prevost, his heirs and assigns, in fee simple, a certain tract or parcel of land, s tuate in the townships of Alexandria and Kingwood, in the county of Hunterdon, therein particularly described, cortaining eight hundred and ninety-three acres, be the same more or less, (excepting thereout, all such parts and parcels of the said premises, as he the said Andrew M. Prevost had before that time sold and conveyed away;) in trust, that he the said Louis M. Prevost, should let the said premises, and receive and pay the rents and profits thereof, to or for the maintenance and support of Paul Henry Mallet Prevost, during his life; and from and after the decease of the said Paul Henry Mallet Prevost," in trust that he the said Lewis M. Prevost, his heirs or assigns, should and would sell and dispose of the said granted premises, altogether or in parts and parcels, for the best price that could be reasonably had and gotten for the same, at public or private sale; and on the receipt of the purchase money therefor, should and would sign, seal, acknowledge, execute and deliver, in due form of law, good and sufficient deed or deeds of conveyance, of and for the same, to the purchaser or purchasers thereof, his, her or their heirs or assigns forever, in absolute fee simple; and in trust, as to the money that might be produced by such sale or sales. to pay and apply the same as follows, viz. one full third part thereof, to and among, and for the use of all the chil dren of Henry Mallet Prevost, deceased, the brother of the said Andrew and Louis, their respective executors, administrators and assigns; one other full equal third part thereof, to and for the use of him the said Louis M. Prevost, his executors, administrators and assigns; and the remaining one full equal third part thereof to and for the use of him the said Andrew M. Prevost, his executors, administrators and assigns;" And whereas, the said Paul Henry Mallet Prevost hath departed this life, whereby the trust for his benefit hath expired; And whereas, the said Andrew M. Prevost, by an indenture bearing date on the tenth day of December, in the year of

our Lord eighteen hundred and twenty-eight, assigned and transferred all his real and personal estate, (including the one-third part of the proceeds of sale of the said lands and premises) to John Clement Stocker, of the city of Philadelphia, his heirs, executors, administrators and assigns; and the said John Clement Stocker hath since departed this life, having first made and published his last will and testament, bearing date the tenth day of May, in the year of our Lord one thousand eight hundred and thirty-two, and therein appointed his wife, Caroline Stocker, and Martin Dutith, executrixes of his said will, who have duly proved the same, and taken upon themselves the executorship thereof, and now desire that the said trust property, or the one-third part thereof, (to the proceeds whereof the said Andrew M. Prevost was entitled, under said trusts) may be sold, and the net proceeds thereof paid to them as the assigns of the said Andrew M. Prevost; And whereas, the said Louis M. Prevost, and the heirs of the said Henry M. Prevost, are of opinion that it would be prejudicial to their interest to have the other two-thirds of the said lands (to the proceeds whereof they are respectively entitled) sold at this time, and desire to hold the said lands, instead of having the same sold, and converted into money; and as doubts have arisen whether the said Louis M. Prevost is authorized under the said deed of trust to sell and dispose of the one-third part of said property, held in trust for the benefit of the assigns of the said Andrew M. Prevost, separately without making sale of the whole of said premises together-Therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of L- M. Prevost the same, That it shall and may be lawful for Louis M. Preauthorised to vost to sell the one full equal and undivided third part of the sell certain lands and premises in the county of Hunterdon, conveyed by lands. Andrew M. Prevost and Hannah, his wife, to the said Louis M. Prevost, his heirs and assigns, in trust, (being the third part of said premises to the net proceeds whereof the said Andrew M. Prevost was entitled under said trust) at public sale, for the highest and best price that can be obtained for the same.

Sec. 2. And be it enacted, That it shall be the duty of the said Louis M. Prevost to give notice of the time and place Sale to be adwhen and where the said premises will be exposed to sale by vertised. advertisement, signed by himself, and put up at five or more public places in said county, one whereof shall be in the township of Alexandria, and another in the township of King

Distribution of

proeeeds of

sale.

wood, in said county, at least two months before the time appointed for selling the same; and also inserted in one or more of the newspapers printed in this state, and circulating in the said county, for at least one month next preceding said time; and at the time and place so appointed, between the hours of twelve and five o'clock in the afternoon, to expose the said premises to sale by public vendue or outery, and to strike off the same to the highest bidder.

Sec. 3. And be it enacted, That upon the receipt of the purchase money, the said Louis M. Prevost shall make, execute, and deliver to the purchaser or purchasers of said premises, good and sufficient deeds of conveyance therefor, in fee simple, and after deducting the reasonable and necessary charges and expenses of making such sale, he pay the net proceeds of the premises so sold to the said Caroline Stocker and Martin Dutith, the executors of the said John Clement Stocker, deceased, assignee of the said Andrew M. Prevost, as aforesaid.

Passed, March 7, 1836.

Provisions of former act

extended to Hunterdon County.

A SUPPLEMENT to an Act entitled "An Act securing to mechanics, and others, payment for their labour and materials, in erecting any house or other buildings, within the limits therein mentioned," passed March third, one thousand eight hundred and thirty-five.

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 act to which this a supplement, shall be taken and considered as a public act, and that the provisions thereof shall be in full force and effect throughout the limits of the county of Hunterdon, in this state; Provided always, that this supplement shall not go into effect until the first day of April next.

Passed, March 7, 1836.

AN ACT authorizing the sale of certain real estate, whereof Benjamin Kline died seized.

WHEREAS Benjamin Kline, late of the county of Philadelphia, and state of Pennsylvania, died intestate, seized in fee simple of and in certain real estate situate in the city of Trenton, in the state of New Jersey, leaving Sarah Kline, his Preamble. widow, and Peter Kline, Sarah Kline, Margaret Kline, and Benjamin Kline, his children and heirs at law; And whereas Sarah Kline, the mother and guardian of the persons of the said infants, hath represented to the legislature that a sale of the said real estate would be advantageous for the said infants, and hath prayed that a sale of the said real estate may be authorized in such manner as shall best promote the interests of the said infants; And whereas the guardian of the estates of said infants, in the state of New Jersey, hath concurred in the prayer of the said petition, and the same appearing to be reasonable and properTherefore,

tate authorized

Sec. 1. BE IT ENACTED by the Council and General As sembly of this State and it is hereby enacted by the authority of the same, That Samuel McClurg, of the city of Trenton, be, and he is hereby appointed trustee, with full power and Sale of real es authority to make sale of all the real estate, in the city of Trenton, whereof Benjamin Kline, late of the county of Philadelphia, in the state of Pennsylvania, died seized, in such manner and upon giving such notice of the said sale or sales as is required by law in case of sales of real estate made by executors or administrators by virtue of an order of the orphans' court, and good, legal and sufficient deed or deeds therefor to make to any purchaser or purchasers thereof; which said deed or deeds shall convey to and vest in the purchaser or purchasers of the said real estate, all the right, title and interest whatsoever of the said widow and heirs at law of the said Benjamin Kline, deceased, of, in and to the said real estate, at the time of the said sale.

Sec. 2. And be it enacted, That the said trustee shall keep a full, fair and just account of the sale or sales by him made Account of by virtue of this act, and of the costs and expenses thereof, sales to be and shall exhibit the said account, under oath or affirmation, made to Hunterdon county to the orphans' court of the county of Hunterdon, within six months after such sale or sales shall be made, to be approved by the said court, and filed in the surrogate's office of the said county; and the said trustee, after deducting from the proceeds of the said sale or sales, all necessary costs and ex

court.

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