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under a cof such land enacted, Tha

van her

simple, of all such lands and real estate appraised as aforesaid.

Sec. 8. And be it enacted, That in case any owner or In certain ca- owners of such land or real estate shall be feme covert,

any to pay the

under age, non compos, out of the state, or under any other value of lands legal disability which would prevent their agreement with into the Court the said company, then it shall be the duty of said corporaChancery. tion to pay the amount of any award or report so made, in

behalf of any such person, into the court of chancery, to the clerk thereof, subject to the order of the said court, for the use of said owner or owners, all of which said proceedings, as well under this as the preceding section of this acı, shall be at the proper costs and charges of the said corporation.

Sec. 9. And be it enacted, That the president and direcRates for pass- tors of the said company shall have power to constructor age or trans. purchase and place upon their said road, all machines, enportation.

gines, wagons, carriages or vehicles, for the transportation of passengers or any species of property thereon, as they may think proper, provided they shall not charge more than at the rate of six cents per mile per ton for the transportation of property, or six cents per mile for carrying each passenger on said road in the carriages of said company; or three cents per mile per each ton of property, or three cents per mile for each passenger carried on said rail road in the carriages of others; and three cents per mile for each empty carriage. And that the said rail road and appendages, and the land over which the same shall pass, and all the works, improvements, engines, carriages, and all other property whatsoever, belonging to the said company, at any time or times, are hereby vested in the said company incorporated by this act, and their successors and assigns during the continuance of this act.

Sec. 10. And be it enacted, That it shall be the duty of Other roads the said company to construct and keep in repair, good and not to be ob

sufficient bridges or passages over, across, or under the said structed.

road where any public or other road shall cross the same, and also where the said road shall intersect any farm or lands of any individual, to provide and keep in repair suitable wagon ways over, under, or across said rail road so that he may pass the same.

Sec. 11. And be it enacted, That the road authorized by Rail road a this act shall be, and is hereby declared a public highway, public high

and free for the passage of any rail road carriage ihereon way.

with passengers or property, upon payment of the tolls prescribed by this act, provided alwuys, that the said carriages so used thereon shall be of the same description in the forma. tion of the wheels and length of axle as those used by the


company, and shall be regulated as to the times of starting and rates of travelling by the company in the same manner as the carriages of the company are.

Sec. 12. And be it enacted, That the said company may have and hold real estate at the commencement and termina- What real og tion of said roads, not exceeding two acres at each place, and tate may be may erect and build thereon, houses, warehouses, machine shops, and other buildings and improvements as they deem expedient for the safety of property and construction of carriages and other necessary uses, and take and receive the rents, issues, and profits thereof.

Sec. 13. And be it enacted, That if any person shall wil. fully impair, injure, destroy, or obstruct the use of any rail Penalty for in« road constructed under the provisions of this act, or of any juring or obe of their necessary works, bridges, carriages, or machines, road. such person or persons shall forfeit and pay to the said company, the sum of fifty dollars to be by them recovered in any court of competent jurisdiction in an action of debt, and further, shall be liable for all damages. Sec. 14. And be it enacted, That the president and direc

Dividends to tors shall, within one year after the said rail road shall be completed, declare and make such dividend as they may annually. deem prudent and proper of the net profits thereof, if any, and shall, in like manner, semi-annually thereafter, declare such dividends and pay the same to the stockholders in proportion to the amount of stock held by them respectively.

Sec. 15. And be it enacted, That when the said rail road with its appendages shall be finished so as to be used, the to be filed with president and treasurer of said company shall file, under oath Secretary of or affirmation, a statement of the amount of the cost of said Stata. road, including all expenses, in the office of the Secretary of State; and annually thereafter, the president and treasurer of said company shall, under oath or affirmation, make a Annual return

of proceeds of statement to the legislature of this state, of the expenses of road all additions and alterations in the structure of their road, made to legis. and of the proceeds of the same, and after the net income of lature. said road shall amount to six per centum upon its costs; and and as soon as it shall do so, the said corporation shall pay to the treasurer of this state a tax of one-half of one per centum Tax to be on the cost of said road, to be paid annually thereafter on the paid. first Monday of January in each year; Provided that no other tax or impost for the support of the government of this state shall be levied or assessed upon the said company.

Sec. 16. And be it enacted, That at any time after the ex- When State piration of fifty years from the completion of the said road, may take the

te the legislature of this state may take the same for the state,

road on pay.

annually penses, in the amount of the under oaths so be released

paying therefor the original costs of the same; and if the said road shall not be completed within five years from the pas

sage of this act, then and in that case this act shall be void. Law may be : Sec. 17. And be it enacted, That the legislature may at altered or re- any time hereafter, alter, modify, or amend this act whenever pealed..

the public good shall require it.

Passed, February 9, 1836.

AN ACT to dissolve the marriage contract between Joseph

Owen of the county of Gloucester, and Milicent R. Owen, his wife.

ly of the That ile co

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, Tbat, the marriage contract now existing between 1. Owen and Joseph Owen, of the county of Gloucester, and Milicent R.

Owen, his wife, be, and the same is, from the passage of this divorced.

, act, forever dissolved and annulled, as fully to all intents and

porposes, as if the said parties had never been joined in wedlock. * Passed, February 9, 1836. :,.

AN ACT to incorporate the “ Franklin Fire Engine Company

of Middletown Point." 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 Garret P. Conover, Samuel Stillwell, Francis P. Simpson, John C. Whitlock, John C. Schanck, Jonas Clark, Asbury Fountain, William Little, Garret S. Smock, and such Names of in

corporators. other persons not exceeding thirty in number, as now are, or hereafter sball become associates of the Franklin Fire Engine Company of Middletown Point, be, and they are hereby constituted and declared to be a body corporate and politic, in fact and in law, by the name of "The Franklin Fire Engine Company of Middletown Point," and by such name they shall have Style of incora

poration. succession, and 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 of law and equity, whatsoever, and that they and their successors may have a common seal, and shall have power to make, change, and alter the same at their pleasure, and by their name as aforesaid, and under their common seal, may make, enter into, and execute any contracts or agreements touching, or concerning the objects of said corporation, and shall have full power and Powers of authority to make, sorm, adopt, and enforce such by-laws and company. regulations for their government, not inconsistent with the laws of this state, or of the United States, as they shall think proper.

Sec. 2. And be it enacted, That the capital stock of the said company, shall not exceed the sum of two thousand dollars, Amout of cap. which shall be solely and exclusively applied to the procuring, maintaining and repairing such engines, hose, réservoirs of. wai ter, ladders, buckets, fire hooks, engine houses, aod other im-, plements and mechipes, and to such other incidental expenses, as shall to the said company appear best calculated to secure the property of themselves, and of the iohabitants of the village of Middletown Point, and its viciuily, from loss or injury by fire.

Sec. 3. And be it enacted, That the said company shall have power to elect annually, à president, and such other officers and Election of

con fonduntinhair in officers. assistants, as they shall find necessary for conducting their affairs, according to their constitution and by-laws; and that the presi-, dent shall keep in his custody, the common seal of the said company (if any) and at the expiration of his term of office, shall deliver it, together with any and all other effects, property, : - books and papers of the said company, which may be in his charge or keeping, over to his successor.

Sec. 4. And be it enacted, That all the privileges and exemptions, contained in an act entitled " An Act for the encouragement of Fire Companies," passed December fourteenth, eigh- Privileges of teen hundred and twenty-six, be, and the same are hereby ex- members. tended to all persons who now are, or hereafter shall become and continue actual members of the said company : provided, that the members attached to the said fire engine' or hose com

pany shall live within two miles of the usual place of keeping

iheir engine. Act may be Sec. 5. And be it enacted, That it shall and may be lawful, altered or re- for the Council and General Assembly of this state, at any time pealed.

bereafter, to amend, repeal, or modify this act, as they shal think fit and proper.

Passed, February 10, 1836.

AN ACT to authorize the enclosure of a certain tract of wood

land, in the township of Franklin, in the county of Bergen.

of this That isbat tracer in

Sec. 1. BE IT ENACTED by the Council and General Assem

bly of this State, and it is hereby enacted by the authority of Boundaries the same, That it shall and may be lawful for the owners and authorised to possessors of all that tract of woodland situated near New Sucbe enclosed.

cess, on the west side of the Hohokus brook, and is bounded as follows; northerly, by lands of William Dixon, easterly, by lands of Stephen Lawrence and Harman Smith, southerly, by lands of Joseph Crouler and Jacob May, and westerly, by lands of Jacob May, Samuel Banta and Peter Berdan, to sence the same in common, and to erect and maintain such swing gates as they may deem proper, and that from and after the enclosing the same as aforesaid, no person or persons whatsoever, shall drive or let in any borse, cattle or sheep, with intent to run at large, in said tract: Provided always, that nothing in this act contained, shall be construed so as to prevent any person or persons from turning his horses, calile, or sheep, op such part of the said tract as may belong 10 him, and as may be kept enclosed by a sufficient and lawsul sence, separate from the remainder of

the said tract. Penalty for

Sec. 2. And be it enacted, That if any person whatever, driving in shall drive or let in any borse, catile or sheep, into the said tact, cattle.

after the same shall have been enclosed as aforesaid, except as is provided for in the preceding section of this act, or shall wil

fully break down any part of the fence around the same, or any , of ihe swing gates thereon, he shall be liable to a penalty of

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