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remaining child and heir at law of the said Elizabeth Holcombe, and joint owner of the said real estate, hath concurred in the petition of the said guardian, and hath represented that a sale of the whole of the said real estate would be for the interest of all parties concerned therein, and the prayer of the said petition appearing to be reasonable and proper-Therefore,

lands of heirs

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 Cornelius Vanderbeek, of the county of Trustee ap Monmouth, be, and he is hereby appointed trustee, with full pointed to sell power and authority to make sale of all the right, title and of G. Hol interest of Johnston Holcombe, Thomas B. Fidler and Helena combe, dee. his wife, Edward Holcombe, and Elizabeth Holcombe, of, in and to the real estate whereof Elizabeth Holcombe, the widow of Doctor George Holcombe, late of the county of Monmouth, died seized, situate in the counties of Monmouth, Middlesex, and Burlington, in this state, and which descended to the said Johnston Holcombe, Helena Fidler, Edward Holcombe, and Elizabeth Holcombe, as the children and heirs at law of the said Elizabeth Holcombe, deceased, 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 Johnston Holcombe, Thomas B. Fidler and Helena his wife, Edward Holcombe, and Elizabeth Holcombe, of, in and to the said real estate, at the time of the passing of this act.

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Sec. 2. And be it enacted, That the said Cornelius Vander Trustee to ao. beek shall keep a full, fair and just account of the sale or sales count to Or by him made, by virtue of this act, and of the costs and ex- phans' Court penses thereof, and shall exhibit the said account, under oath of Monmouth. or affirmation, to the Orphans' Court of the county of Monmouth, 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 Cornelius Vanderbeek, after deducting from the proceeds of the said sale or sales, all necessary costs and expenses, and such reasonable commissions as shall be allowed by the said court, and after satisfying all legal liens upon the said real estate, shall invest the residue thereof, under the direction of the Orphan's Court of the said county of Monmouth, and shall

H

Distribution of

sale.

from time to time pay unto the heirs of the said Elizabeth the proceeds of Holcombe, as they severally attain the age of twenty-one years, such part, share and portion of the net proceeds of the said sale or sales, as the said heirs are respectively entitled to in the said lands, under the laws of this state directing the descent of real estate; and in case either of the said heirs should die before attaining the age of twenty-one years, then the share or portion of the person so dying shall be paid to bis, her or their heirs, designated by the act directing the descent of real estate, in the same manner as if this act had not been passed.

bond to the

Governor.

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Sec. 3. And be it enacted, That the said Cornelius VanTrustee to give derbeek shall, before entering upon the execution of the trust reposed in him by this act, enter into bond to the ordinary or surrogate general of this state, in such sum, and with such security, being at least two freeholders and such as the said ordinary shall approve, conditioned for the faithful performance of the said trust, which bond shall be deposited in the register's office of this state, and shall be good to all intents and purposes: and in case the said bond shall become forfeited, it shall and may be lawful for the governor of this state, for the time being, to cause the same to be prosecuted in any court of record, at the request, and for the benefit, and at the proper costs and charges of any person or persons aggrieved by such forfeiture.

Rights of third persons not to

be affected.

Sec. 4. And be it enacted, That no sale or conveyance made under or by virtue of this act shall impair or in any wise affect the rights and interests of any person or persons whatever, other than the heirs at law of the said Elizabeth Holcombe, and those claiming under them or either of them.

Passed, January 28, 1836.

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AN ACT to authorize a trustee therein named, to sell and convey certain real estate of Silvanus Bonnel, deceased.

WHEREAS, it is represented that Silvanus Bonnel late of the county of Essex, died intestate, seized of a certain dwelling house, wagon maker's and blacksmith's shops, and about eighteen acres and a half of land, situate on the southwesterly side of the Morris turnpike road, in the township of Chatham, and county of Morris in this state, adjoining lands now, or late of William Spencer, William Bonnel, James Robeson and Preamble. others: AND WHEREAS, the widow and children of the said intestate have by their petition shown, that the said buildings and fences on the said lands are much out of repair; and that being at a considerable distance from their residence, cannot conveniently be superintended, and yield but a trifling rent; and that by reason of the minority of some of the children of the said intestate, the said land and premises cannot be sold, although a full and fair price could now be obtained for the same, if an act to authorize such sale should be passed in pursuance of the prayer of the said petition-therefore,

lands of heirs

Sec. 1. BE IT ENACTED, by the Council and General Assemly of this State, and it is hereby enacted by the authority of Trustee apthe same, That Nancy Bonnel, the widow and administratrix of pointed to sell the said Silvanus Bonnel, deceased, be and she is hereby ap- of S. Bonnel, pointed trustee, with full power and authority to sell for the dec. best price she can obtain for the same, all the said lands, buildings and premises, with the appurtenances; and upon such sale to make and execute good and sufficient deed or deeds of conveyance in the law for the saine, to the purchaser or purchasers thereof.

Distribution of

Sec. 2. And be it enacted, That the proceeds of the sale of the said land and premises shall be divided among the heirs at proceeds of law of the said Silvanus Bonnel, deceased, or their legal repre- sale. sentatives, according to the provisions of the law governing the descent of real estate, and not distributed as personal property. Sec. 3. And be it enacted, That the said trustee before she enters on the duties prescribed by this act, shall execute a bond

to the Governor of this state, his successor and assigns, with at Trustee to least two sufficient freehold securities, to be approved by the Or- give bond to phans' Court of the said county of Morris, conditioned for the Governor. faithful performance of the trusts created by this act; which bond shall be filed in the surrogate's office of the said county of Morris, for the benefit of all persons lawfully interested in the said land and premises.

Passed, January 28, 1836.

J. F. Martin

AN ACT to divorce Sarah Martin, from her husband, Joseph
F. Martin.

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 Sarah Martin, of the county of Monmouth, be, and she is hereby divorced from her husband, Joseph F. and S. Martin, Martin, and the marriage contract heretofore existing between divorced. them, the said Sarah Martin and her husband, Joseph F. Martin, be, and the same is hereby as fully and absolutely dissolved, as if they had never been joined in matrimony.

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Passed, February 9, 1836.

Style of incorporation.

AN ACT to incorporate the Belvidere and Port Colden
Rail Road and Transportation Company.

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 William C. Duesenbery, Daniel Axford, William B. McCullough, William Henry, and William P. Robeson, and such other persons as may hereafter be associated for the purpose, shall be, and hereby are made, constituted and declared to be a body corporate and politic, in fact and in name, by the name of "The Belvidere and Port Colden Rail Road and Transportation Company," and by that name they, their successors and assigns shall and may have continual succession, and shall be persons in law capa. ble 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 have power to make and use a common seal, and the same at pleasure to alter, and shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels whatsoever necessary or expedient to the objects of this incorporation.

Sec. 2. And be it enacted, That the capital stock of said company shall be one hundred thousand dollars, with liberty Amount of for the company to increase the same to two hundred thou- capital stock. sand dollars, and shall be divided into shares of fifty dollars each, which shall be deemed personal property and transferrable in such manner as the said corporation shall by their by-laws direct; Provided always that no part of the said capital stock of the said company shall be employed for bank- Proviso. ing or other purposes incompatible with the objects for which this act is passed.

Sec. 3. And be it enacted, That the above named persons,

stock to be

or a majority of them, may open books to receive subscrip- Books of subtions to the capital stock of said company, at such time or scription for times and place or places as they or a majority of them may opened. think proper; and after two-thirds or more of the stock shall be subscribed, shall give, notice for a meeting of the stockholders to choose nine directors, which election shall be made Time and at the time and place appointed, by such stockholders as mode of elecshall attend for that purpose, in person or by lawful proxy, tion of first each share entitling the holder thereof to one vote; and the directors. above named persons, or a majority of them, shall be inspectors of the said election, and shall certify under their hands the names of the persons duly elected, and deliver over the subscription books to the said directors; and the directors chosen at such meeting, or at the annual elections, shall as soon as may be after every election, choose out of their own number a president, and in case of the death, resignation or removal of the president or any director, the vacancy or vacancies may be supplied by the board of directors, or a ma- How vacanjority of them, and in case of the absence of the president, cies suppliedthey or a majority of them may appoint a president pro tem

pore.

President to be

chosen.

directors.

Sec. 4. And be it enacted, That an annual election for directors shall be held at such time and place in the county of Time and Warren as may be fixed by the by-laws of the company or mode of annu the board of directors for the time being, who shall advertise al election of the same for twenty days in some newspaper published in said county, at which the stockholders shall vote in the same manner as at the first election; Provided always that in case no election shall be made at the time fixed, the said corporation shall not for that cause be dissolved, but such election Corporation may be held at any other time, upon giving the proper no- for failure to tice; and the directors for the time being shall continue in elect on day office until new ones shall be chosen in their place. prescribed.

not dissolved

Sec. 5. And be it enacted, That five directors of said corporation shall be a quorum competent to transact all busi- Powers and ness of the same, with power to call in the capital stock of duties of di

rectors.

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