said judge shall immediately appoint, in writing, under his hand and seal, three disinterested freeholders, resident in the township wherein the cause of complaint arose, which three persons, or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said judge shall appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine said road so complained of, and to report to the said judge, in writing, under their hand and seal, or under the hands and seals of any two of them, whether it be in such a state as the law requires it to be kept, and if the report be unfavorable to the said. road, the said judge shall immediately, under his hand and seal, order the keeper of said gate or turnpike, to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge to keep open the said gate or turnpike, exact toll of travelers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who will prosecute the same in an action of debt, with costs of suit; and the judge shall be allowed, for his services, fifty cents, and the persons appointed, one dollar each, to be paid by the company; and it shall be the duty of the persons so appointed, or a majority of them, on application from said company, again to view the said road, and report, as aforesaid, their opinion to the said judge, who shall, if authorized by the report of said persons, or any two of them, by license under his hand and seal, directed to the toll-gatherer, permit the gates or turnpikes to be shut, and the toll to be collected as before; but if on the first view, as before mentioned, the report of the persons appointed shall be in favor of the company, the same fees shall be allowed as before prescribed and paid by the person making complaint. Act, when to 20. And be it enacted, That this act shall not take effect

take effect.

until the public highway upon which this said turnpike road is authorized to be located and made, is vacated as a public highway, according to law, and if the said road is not commenced within two, and completed within five

years from the passage of this act, that then and in that case this act shall be void; and the said corporation shall possess the several powers, and be subject to the restrictions and liabilities contained in the act entitled "An act concerning corporations," approved the fourteenth day of February one thousand eight hundred and forty-six, so far as the same are applicable.

Approved March 16, 1858.

CHAPTER CLI.

AN ACT to incorporate the Allentown and Imlaystown Turnpike

Company.

ers to receive tions.

1. BE IT ENACTED by the Senate and General Assembly of Commissionthe State of New Jersey, That all such persons as shall be- subscripcome subscribers to the capital stock hereinafter named, their successors and assigns, shall be and are hereby ordained, constituted, and made a body politic and corporate in fact and in law, by the name of "The Allentown and Imlaystown Turnpike Company," and that the following named persons, viz., George Middleton, William C. Norton, John Longstreet, Abel Cafferty, James Giberson, Ephraim I. Liming and James J. Conover, or a majority of them, are hereby appointed commissioners to open the subscription books and receive subscriptions to the capital stock, at such times and places as they or a majority of them may direct, giving notice thereof at least twenty days

Amount of capital stock.

Election of directors.

prior to the opening of said books, by publishing the same in two of the county newspapers.

2. And be it enacted, That the capital stock of said company shall be eight thousand dollars, with power to increase the same to fifteen thousand dollars, and shall be divided into shares of fifty dollars each; that at the time of subscribing to said stock, two dollars and fifty cents shall be paid on each share subscribed for, to the said commissioners or any of them, which money shall be paid over to the treasurer of the said company, so soon as one shall be appointed; that the residue of said stock shall be paid to the treasurer, in such instalments and at such times and places, as the board of directors of said company shall from time to time direct; that upon failure of the payment thereof, as so directed, the said board shall have power to forfeit the shares of each and every person so failing to pay said instalments, or any of them, to and for the use of said company.

3. And be it enacted, That the affairs of said company shall be managed by a board of seven directors, a majority of whom shall be a quorum for the transaction of business, but any less number may adjourn from time to time; that when one hundred shares of said stock shall be subscribed for, the said commissioners, or a majority of them, shall call a meeting of the stockholders, giving at least ten days' notice of the time and place of said meeting in the newspapers aforesaid, at which meeting the subscription books shall be laid before the stockholders, who shall thereupon proceed to elect, by ballot, nine directors for the term of one year, a majority of whom shall be citizens of this state, of which election the said commissioners, or a majority of them, shall be the judges; and at the expiration of said term, and annually thereafter, upon like notice being given by the existing board of directors, the stockholders shall elect, by ballot, seven directors, a majority of whom shall be citizens of this state; and the judge of such election shall be appointed by the president, and at every such election, and in all other cases in which the stockholders shall be

not dissolv

to elect on

day pre

entitled to a vote, a vote may be given for each share of stock by the holder thereof, in person or by proxy; and in Corporation case it shall happen that any election of directors should ed for failure not be made on the day when, pursuant to this act, it ought to be made, said corporation shall not, for that cause, be deemed to be dissolved, but said election may be held at any other time, and the directors for the time being shall continue to hold their office until others shall have been chosen in their place.

president.

4. And be it enacted, That so soon as conveniently may Election of be after the first and subsequent annual election of dirèctors, they shall elect from their number a president of said company, for the term of one year, and until another shall be elected, who shall receive such compensation for his services as the board of directors may direct; he shall keep the seal of the company and preside at all meetings of said board, and, in case of his absence, the said board shall appoint one of their number, who, for the time being, shall possess the same power and authority, and perform the like duties; and the board of directors may fill any vacancy that may occur therein, until the next annual election, and may exact from the president, treasurer, and other officers and agents of said company, such security for the due performance of their respective trusts as they may deem expedient, and special meetings of the said stockholders may be called by the said board, or by the stockholders owning one-fourth of the whole stock of the company, by giving notice of the time and place of holding the same, and the object for which such meeting is called.

statement to

5. And be it enacted, That, at the annual meeting of the Annual stockholders, the board of directors for the preceding year be made. shall exhibit to them a full and complete statement of the affairs of the company during the said term.

authorized

road.

6. And be it enacted, That it shall and may be lawful for Company the said company to construct and make a turnpike along to make or near the main road from Allentown to Imlaystown, commencing at or near what is called or known as John Robbin's corner, and ending at or near what is called the

Proviso.

Description of road.

Proceedings in case company and

owners cannot agree.

Saw-mill Bridge at Imlaystown; provided, the said company, as soon as they shall construct the said turnpike road, shall pay to the respective owners of the land over which they may pass, all damages which the said owners. shall sustain by reason of the construction of said turnpike road; and in case the said owners and said company cannot agree upon the amount of the said damages, then the said damages shall be ascertained and determined as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damage which any land-owner or owners may sustain by taking of his or her land for the constructing or maintaining of turnpike road.

7. And be it enacted, That the said turnpike road shall be constructed at least thirty-two feet in breadth, along the middle, as near as may be, of the Allentown and Imlaystown road, and shall be sufficiently arched and drained to make and keep the same dry, and at least eighteen feet thereof shall be sufficiently bedded and faced with stone or gravel to make a good and firm road, and it shall be so graded that in its progress no part of said road shall rise above an angle of four degrees with the plane of the hori zon; and said company shall make good and sufficient bridges along said road, not less than twenty feet in breadth, and whenever said road, in passing over low ground, shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected on the sides, so as to prevent horses and carriages from running off.

8. And be it enacted, That it shall be lawful for the said. company, their agents, superintendents, engineers, and all persons employed by them, with carts, wagons, and other carriages, and beasts of burden and draught, and all necessary materials, tools and implements to enter upon all lands contiguous or near to the said road, doing as little damage thereunto as possible, repairing any breach they may make in the enclosure thereof, and to make all ditches and underdrains across and through such lands as are necessary for