water, and such plugs shall be under the control and direction of the common council, who are hereby authorized by ordinance to make the necessary rules and regulations respecting the use thereof, and to prescribe penalties for their violation, and the mode of collecting such penalties.

president.

14. And be it enacted, That the said commissioners shall Election of elect annually one of their number to be president of the board, who shall under their direction, have the general superintendence of the water works or aqueduct and the business of the board; the president, or in his absence one of the commissioners appointed by the board for that purpose, shall sign all contracts and all orders on the treasurer for the payment of moneys, which may be authorized by the said commissioners.

officers to give

15. And be it enacted, That the said commissioners shall Treasurer and require and take from their treasurer and such officers and bonds. agents as they may appoint, such bonds and securities for the faithful performance of their duties as they may deem proper.

sioners.

16. And be it enacted, That John Shields, Isaac W. Crane, First commisRedding Bell, Robert Rusling, Lewis J. Youngblood, William L. Johnson, shall constitute the first board of water commissioners and shall at their first meeting determine by lot or otherwise the terms during which they shall hold their offices, and these shall be as follows: two of them shall remain in office one year, two of them two years, and two of them three years, all to be computed from the first day of May next.

ers to be

ally.

17. And be it enacted, That the common council of said Commissioncity, shall in the month of April, eighteen hundred and elected annuseventy-one, and in the same month in every year thereafter, elect two commissioners, who shall hold their office for three years, to be computed from the first day of May next ensuing their election, and any vacancy that may occur in said commission by death, resignation or otherwise, shall be filled by the common council at a regular monthly meeting, but the person appointed to fill such vacancy shall hold his office only for the residue of the term for which he may be appointed; provided, that no member of the common council Proviso. shall be appointed a water commissioner, or act as such after his election as a member of said council.

18. And be it enacted, That all acts or parts of an act

Repealer.

conflicting with this act, be and the same are hereby repealed.

19. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1870.

Names of corporators.

Corporate

name.

Amount of capital stock.

CHAPTER DXXI.

An Act to incorporate the Weehawken Railway Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Frederick H. Cossitt, William V. V. Mabin, John S. Schutze, George H. Brown, Denning Duer, A. Gracie King, Samuel B. Dod and William W. Shippen, 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 "The Weehawken Railway 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 the 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 the same name and style, shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels whatsoever necessary or expedient for the objects of this corporation.

2. And be it enacted, That the capital stock of said company shall be five hundred thousand dollars, and shall be divided into shares of one hundred dollars each, but said company may increase the same to an amount not excceding one

million of dollars; the said capital stock shall be deemed personal property, and shall be transferable in such manner. as the by-laws of said company shall direct.

directors.

3. And be it enacted, That the above named persons, or a Election of majority of them, may open books and procure subscriptions to the capital stock of the said company, at such time or times, and place or places, as they, or a majority of them, may think proper; and whenever there shall be one thousand shares of the said stock subscribed, the said corporation, or a majority of them, may give notice for a meeting of the subscribers to choose nine directors, and such election shall be made at the time and place appointed in the said notice by such subscribers as shall attend for that purpose, either in person or by lawful proxy, each share of the capital stock entitling the holder thereof to one vote; and the said above named corporators, or a majority of them, shall be inspectors of such election, and shall certify under their hands the names of the persons duly elected as directors, and deliver over the subscription books to the said directors at the first meeting of the said directors; and the said directors so chosen as aforesaid, shall at their first meeting, or annually, at the annual election of the said company, or as soon as may be after every such election, choose out of their own number a president, and in case of the death, resignation, or 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 powers and functions as the by-laws of the said company shall provide.

dissolve.

4. And be it enacted, That in case it should happen that Failure to an election of directors should not be made during the day elect not to when, pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their office until new ones shall have been chosen in their places.

installments

5. And be it enacted, That five directors of said company Failure to pay shall be competent to transact all business of the said com to work a forpany, and they shall have power to call in the capital stock feiture. of said company, by such installments, not to exceed twenty

Proviso.

May survey, lay out and

construct rail.

road.

dollars on each share at any one time, and at such times as they may direct; provided, that such installments shall not be called for at a shorter period than thirty days from each other, and in case ot the non-payment of said installments, or any of them, to forfeit the share or shares upon which such default shall arise, 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, property, estate and effects of the said company, and shall also have power to appoint a treasurer and a secretary, and so many 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 expedi ent to survey, lay out and construct a railroad from some suitable point on the Hudson river, in the township of Weehawken, in the county of Hudson, through King ravine to some point on the Hackensack river north of the New York and Paterson plank road bridge, with power to build branches thereto to connect with any railroad that may now or hereafter be constructed in the county of Hudson, and to build a bridge over the Hackensack with such draws as are hereinafter specified and described; but such railway shall not exceed one hundred feet in width, unless more land shall be required for the slopes of cuts and embankments, with as many sets of tracks and rails as said company may deem necessary; and it shall be lawful for the said president and directors, their agents, engineers, superintendents or others in their employ, to enter at all times upon all lands or waters for the purpose of exploring, surveying, leveling and laying out the route or routes of such railways, and of locating the same, and to locate and erect all necessary works, buildings, conveniences, appurtenances and appendages thereof, doing no unnecessary injury to private or other property; and when the route or routes of such railways, and the location or locations of other works, buildings, conveniences, appurtenances and appendages thereof shall have been determined upon, and a survey of such route or routes, location or locations, deposited in the office of the secretary of state, then it shall be lawful for said company, by its officers, agents, engineers, superintendents, 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 necessary works, lay rails, and to do all other things which may be suitable or necessary for the completion, management or repairs of said railways, 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 or upon which the said railway and its conveniences, appurtenances and appendages may be laid out or located, be made before the said company, or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said railways and its conveniences, appurtenances and appendages, and of locating the same, unless the consent of the owner or owners of such lands be first had and obtained.

Proviso.

agreement can

be made be

of land.

7. And be it enacted, That if the owner of the land on Proceedings which such survey or location for said company shall be whene made, shall not be willing to give the same for such pur- tween compapose, and the said company and owner cannot agree as to the ny and owners price of the same, it shall be the duty of any justice of the supreme court, who is disinterested in the premises, upon the application of either party, and after giving ten days' notice in writing to the opposite party of such application, and after hearing the parties, to appoint three disinterested commissioners to assess the price or value of said lands, who shall be sworn or affirmed faithfully to execute the duties of such appointment, and after like notice to both parties of the time. and place, shall meet, view the premises and hear the parties and evidence if desired, and thereupon make such decision and award as to them shall appear just and proper, and transmit such decision and award, together with a description of the said land and the quantity taken, by whom owned and how situated and bounded, and described in writing, under their hands and seals, or under the hands and seals of any two of them, to the justice who appointed them, and to be by him returned and filed in the office of the clerk of the county wherein the lands lie, together with all the papers before him relating thereto, there to be kept as a public record, and copies taken if required by either party, and if either party shall feel aggrieved by the decision and award of the said commissioners, the party so aggrieved may appeal to the circuit court at the next term after such decision and