Corporate

name.

Amount of

Gould, Ashbel Green, John G. Stevens, Robert F. Stockton, Henry M. Alexander, James R. Gould, Anthony J. Morris, John L. N. Stratton, Samuel Barrowe, George B. Upton, Samuel H. Gookin, junior, and Samuel G. Wheeler, junior, and such other persons as may hereafter be associated with them, shall be, and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact, and in law, by the name of "Pemberton and New York Railroad Company," and by that name they and their successors and assigns shall and may have continual 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 have power to make and use a common seal, and the same at pleasure to alter, and they and their successors by that name and style shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels whatsoever necessary or expedient to the objects of this incorporation.

2. And be it enacted, That the capital stock of said comcapital stock. pany shall consist of five hundred thousand dollars with liberty to increase the same to any sum from time to time not exceeding eight hundred thousand dollars, and shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and shall be transferable in such manner as the by-laws of the said corporation shall direct.

Commission

3. And be it enacted, That the above named persons or a ers to receive majority of them, shall be commissioners to open books to resubscriptions. ceive subscriptions to the capital stock of said corporation, at

Election of directors.

such time or times and at such place or places as they or a majority of them may think proper, by giving ten days' previous notice in two newspapers published in Burlington and Ocean counties, and at the time of subscribing for said stock five per centum on each share subscribed shall be paid to said commissioners; that whenever there shall be one thousand shares of the said stock subscribed, the said commissioners shall give like notice as above for a meeting of the stockholders to choose thirteen directors; and such election shall be made at the time and place appointed by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of capital stock entitling the holder thereof to one vote; and the said commissioners, or a majority of them, shall be inspectors of the first election

of directors of the said incorporation, and shall certify under their hands the names of those persons duly elected, and deliver over the subscription books and the monies paid in to said directors; and the time and place of holding the first meeting of directors shall be fixed by the persons who act as inspectors aforesaid; and the directors chosen at such meeting, or at the annual election of said corporation, shall, as soon as may be after every election, choose out of their number a president; and in case of the death, resignation or the removal of the president or any director, such vacancy or vacancies may be filled for the remainder of the year wherein they may happen by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the by-laws of the said corporation will provide.

tion of direc

4. And be it enacted, That annual elections for directors Annual elecshall be held at such times and places as the board of direc- tors. tors shall hereafter direct, of which election notice shall be given at least two weeks in a county newspaper, published in Burlington and Ocean counties; and in case it should happen that an election of directors should not be made during Failure to the day when pursuant to this act, it ought to be made; the elect not to said corporation shall not, for that cause, be deemed to be dissolved; but the said election shall be held as soon thereafter as possible, and public notice shall be given as hereinbefore directed, and the directors for the time being shall continue to hold their office until others shall have been chosen in their places.

dissolve.

installments.

5. And be it enacted, That a majority of said directors shall Payment of be competent to transact all business of the said corporation, and they shall have power to call in the capital stock of said. company by such installments, not to exceed twenty dollars. on each share at any one time, and at such times as they may direct; provided, that such installments shall not be Proviso. called for at a shorter period than thirty days from each other; and in case of the non-payment of said installments, Failure to pay or any part of them, to forfeit the share or shares upon which feiture. such default shall arise, to and for the use of said corporation; and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and regulation of the stock, prop

works a for

May survey, lay out and construct road

Right to enter on lands, &c.

Proviso.

erty, estate and effects of the said corporation; and also shall have power to appoint such officers, engineers, superintendents, clerks, and servants, as to them shall seem meet, and to establish and fix such salaries to them, and also to the president, as to the said board shall appear proper.

6. And be it enacted, That the president and directors of the said company be, and they are hereby authorized and invested with all the rights and powers necessary and expedient to survey and lay out and construct a railroad from some suitable point at or near the village of Pemberton, in the county of Burlington, to a suitable point on the Raritan and Delaware Bay railroad in the county of Ocean, with the privilege of connecting with any railroad or railroads now or hereafter to be built; the said railroad not to exceed one hundred feet in width, except in such places where, from the depth of the excavation or the height of the embakment, it is necessary to take more land for the slope and protection of the side banks of said railroad, in which case so much land as will be necessary for the purpose, and no more, shall be taken, with as many sets of tracks and rails as they may deem necessary.

7. And be it enacted, That it shall be lawful for the said company, their officers, agents, engineers, superintendents, and others in their employ, to enter at all times upon all lands, bridges and waters, for the purpose of exploring, leveling, surveying and laying out the route of said railroad, and of locating and of subsequently altering the location thereof, doing no unnecessary damage to private property; and when any part of the route and location of such road, or the alteration of location shall have been determined upon, and a survey thereof deposited in the office of the secretary of state, then it shall be lawful for the said company, its officers, engineers, agents, 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 for the completion or repair of the said road, subject to such compensation as is hereinafter provided; provided always, that the payment or tender of payment, of all damages for the occupancy of lands through which the said railroad may be laid out, be made before said company or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of sur

&

SESSION OF 1870.

veying and laying out the said road, unless the consent of
the owner or owners of such land be first had and obtained.

or

in case no

97.

be made with owners of pro

8. And be it enacted, That when the said company or its Proceedings agents cannot agree with the owner or owners of such re- agreement can quired lands or materials for the use or purchase thereof, or when by reason of the legal incapacity or absence of such perty. owner or owners no such agreement can be made, a particular description of the lands or materials so required for the use of said company in the construction of said road shall be given in writing, under the oath or affirmation of some engineer or proper agent of the company, and also the name names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, or if unknown, or out of this state, to make publication thereof as he shall direct, for any time not less than ten days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, residents in the county in which the lands or materials in controversy lie, or the owner resides, commissioners to examine and appraise the land or materials, and to assess the damages, upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, to be expressed therein, not less than ten days; and it shall be the duty cf the said commissioners (having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding,) to meet at the time and place appointed, and proceed to view and examine the said land or materials, and to make a just and equitable estimate or appraisement of the value of the same, and assessment of damages as shall be paid by the said company for such lands or materials and damages aforesaid, (the said commissioners taking in consideration the benefits derived by the land owner or owners from said railroad, and assess the land and damages accordingly,) which report shall be made in writing

Proceedings

peal.

under the hands and seals of the said commissioners, or any two of them, and filed within ten days' thereafter, together with the aforesaid description of the land or materials, and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county in which the lands or materials are situated, to remain on record therein, which report, or a copy thereof, certified by the clerk of the said county, shall at all times be considered as plenary evidence of the right of the said company to have, hold, use, occupy, possess and enjoy the said land or materials, or of the said owner or owners to recover the amount of said valuation, with interest and costs, in an action of debt in any court of competent jurisdiction, in a suit to be instituted against the company, if they shall neglect or refuse to pay the same for twenty days after the demand made of their treasurer, and shall, from time to time, constitute a lien upon the property of the company in the nature of a mortgage, and the said justice of the supreme court shall, on application of either party, and on reasonable notice to the other, tax and allow such costs, fees and expenses to the justice of the supreme court, commissioners, clerks and other persons performing any of the duties prescribed in this section as they or he shall think equitable and right, which shall be paid by said company.

9. And be it enacted, That in case the said company or in case of ap- the owner or owners of the said land or materials shall be dissatisfied with the report of the commissioners named in the preceding section, and shall apply to the justices of the supreme court at the next term after the filing of the said report, the court shall have the power, upon good cause shown, to set the same aside, and thereupon to direct a proper issue for the trial of the said controversy to be formed between the said parties, and to order a jury to be struck and a view of the premises or materials to be had, and the said issue to be tried at the next circuit court to be holden in the said county, upon the like notice and in the same manner as other issues in the said court are tried; and it shall be the duty of the said jury to assess the value of the said land or materials and damages sustained, and if they shall find a greater sum than the said commissioners shall have awarded in favor of the said owner or owners, then judgment thereon, with costs, shall be entered against the said company, and execution awarded therefor; but if the said jury shall be applied for by the said owner or owners, and shall find the same or a