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Penalty for injuring works.

Proviso.

Dividends.

Additional supply of water.

without permission first obtained from the owner or owners thereof.

8. And be it enacted, That if any person shall wilfully do or cause to be done any act or acts whatever, to injure any engine, machine, reservoir, pipe, fire plug, hydrant, or structure whatsoever, or anything appertaining to the works of the said corporation, or whereby the same may be obstructed, stopped, or injured, or shall wilfully and maliciously draw off or waste the water from any fire plug or hydrant, the person so offending shall be deemed guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both; provided, such criminal prosecution shall not in anywise impair the right of action for damages by a civil suit, and the said corporation are hereby authorized to bring an action and recover for damages, by a civil suit, for any such injury aforesaid, by and in the name of said corporation, in any court in this state having cognizance of the same.

9. And be it enacted, That the president and directors of the said corporation shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of the said water works; and the said corporation shall cause to be kept at their office proper books of accounts, in which shall be fairly and truly entered all the transactions of the company, which books shall be at all times open within the usual hours of business for the inspection of the stockholders.

10. And be it enacted, That if the water now contemplated to be used by the said corporation for the purposes of this act of incorporation, should, by reason of the increased demand therefor, be insufficient to supply the demand, it shall be lawful for the said corporation, and they are hereby empowered to procure an additional supply of water from other sources, and to erect and construct the necessary works therefor; and, if necessary for such purposes, they are hereby authorized and empowered to increase their

capital stock from time to time, not exceeding in the whole additional amount the sum of twenty thousand dollars, to be divided into one thousand shares of twenty dollars each, to be paid by instalments in the manner and upon like notice above mentioned; and whenever a subscription to said additional stock is authorized by the board of directors, the stockholders for the time being shall be first entitled to subscribe for said stock in a ratable proportion of stock held by them; and whenever a dividend is declared, the said directors shall declare and make dividends upon all the stock subscribed and paid for.

11. And be it enacted, That this act shall take effect immediately after the passage thereof. Approved March 15, 1859.

CHAPTER CXXVII.

A SUPPLEMENT to the act entitled "An act to incorporate the Paterson and New York Plank Road Company,” approved March fourteenth, eighteen hundred and fifty-one.

be sold.

1. BE IT ENACTED by the Senate and General Assembly of Road may the State of New Jersey, That the president and directors of the said the Paterson and New York plank road company be and they are hereby authorized and empowered to sell at public or private sale, and to grant and convey to any person, persons or corporation the whole or any part of

Proviso.

Company

authorized

on road.

the road constructed by said company, under the act aforesaid, together with all the privileges, franchises, appendages and appurtenances to the same belonging or appertaining; provided always, that the consent in writing of the owner or owners of at least a majority of the capital stock of said company shall be first had and obtained to such sale and conveyance.

2. And be it enacted, That the president and directors of to lay rails said company be and they are hereby authorized and invested with all the rights and powers necessary and expedient to lay and construct a railroad with a single or double track over and upon that part of said plank road lying between the hotel on said road, now kept by Cornelius McCollum (where the road leading from the Hoboken and Hackensack turnpike to Seacaucus intersects said plank road), to the intersection of said plank road with the road leading from Hoboken to Hudson city.

Right to lay rails may be sold.

Proviso.

3. And be it enacted, That the said president and directors be and they are hereby authorized and empowered to sell and dispose of the right and authority hereby given to lay and construct a railroad, and to use the same when constructed as aforesaid, either at public or private sale, for the benefit of the company; provided, said president and directors shall determine to sell a part of said road as authorized above.

Approved March 15, 1859.

CHAPTER CXXVIII.

A FURTHER SUPPLEMENT to the act entitled "An act to incorporate the Belvidere and Water Gap Railroad Company," approved February twenty-first, eighteen hundred and fifty-one.

WHEREAS, by their act of incorporation and the supple. Preamble. ments thereto heretofore passed, "The Belvidere and Water Gap Railroad Company" are authorized and empowered, under certain restrictions, to consolidate their stock with the stock of any railroad company with which they may connect; AND WHEREAS, in case of any such consolidation, the maintenance of separate corporate organizations under different charters would be likely to create confusion, and would be expensive and unnecessary; therefore,

be governed

visions of

charter of the tion with

corpora

which it is

dated.

1. BE IT ENACTED by the Senate and General Assembly of Company to the State of New Jersey, That, whenever such consolidation by the proshall be made with the stock of any railroad company, as authorized by the said supplements or any of them, railroad constructed or authorized to be constructed by consoli the Belvidere and Water Gap Railroad Company, or any part thereof now or hereafter to be completed, shall be and become a part of the railroad of, and, in its construction, maintenance, use, enjoyment, further extension and completion, to the full extent authorized by the charter of the Belvidere and Water Gap Railroad Company, and all the supplements thereto, and of the rights and privileges thereby granted, shall be regulated and governed by the provisions of the charter of the company with the stock of which its own shall be consolidated, and for that purpose all and every provision of the charter of such company, and the supplements thereto, if any, shall extend and be applicable in every respect, to the road constructed or authorized to be constructed by the said the Belvidere

Time for commencement and completion extended.

Location of upper termi

nus.

and Water Gap Railroad Company, and every part thereof, now or hereafter to be made or completed.

2. And be it enacted, That the time for the commencement and completion of the road of the said the Belvidere and Water Gap Railroad Company is hereby extended five years from the time now fixed by law; and that whenever any part of the said road shall be finished, it shall be lawful to take the same tolls per mile on the part so finished, to make such dividends on the stock, and to use and enjoy the same rights and privileges as are now, by law, authorized to be taken, made, used, and enjoyed, on or after the completion of the said road.

3. And be it enacted, That the Belvidere and Water Gap Railroad Company, or the company with which it may be consolidated, may fix, if deemed expedient, the upper terminus of their railroad at any point on the Warren railroad west of Vass Gap Tunnel and where said Warren railroad crosses the river Delaware; but they are not to locate their railroad so as to connect with the Warren railroad east of Vass Gap Tunnel, under this supplement. 4. And be it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

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