Joshua Duble, Ezra Stokes, Nicholas Vanschoick, Samuel Norcross, 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 prior to the opening of said books, by publishing the same in one of the newspapers published in the city of Camden.

capital

2. And be it enacted, That the capital stock of said com- Amount of pany shall be ten thousand dollars, with the privilege of stock. increasing it to any sum not exceeding twenty thousand dollars, and shall be divided into shares of twenty-five dollars each; and that, at the time of subscribing to said stock, two dollars and fifty cents shall be paid upon each share subscribed for, to the said commissioners, or any of them, which money shall be paid over to the treasurer of said company, as soon as one shall be appointed, and that the residue of said stock shall be paid in such instalments, and at such times and places, and to such person or persons, as the board of directors of said company shall from time to time direct; and 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 the said instalments, or any of them, to and for the use of said company; provided, that if the number of shares subscribed Proviso. for shall exceed the number of shares authorized by this act, the said commissioners, or a majority of them, shall apportion the said stock among such subscribers, in proportion to the amount or number of shares by them subscribed for as aforesaid; but no subscription for less than six shares of said stock shall be reduced by such apportionment.

directors.

3. And be it enacted, That the affairs of said company Election of 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

officers.

call a meeting of the stockholders, giving at least twenty days' notice of the time and place of said meeting in the newspaper aforesaid, at which meeting the subscription books shall be laid before the stockholders, who shall thereupon proceed to elect, by ballot, seven directors for the term of one year, and until others are chosen in their stead, a majority of whom shall be citizens of this state, of which election the said commissioners, or a majority of them, shall be judges; and that at the expiration of said term, and annually thereafter, upon like notice to be given by the board of directors for the time being, the stockholders shall elect, by ballot, seven directors to hold as aforesaid; and the judge of said election shall be appointed by said board; at every such election, and in all other cases in which the stockholders shall be entitled to a vote, a vote may be given for each share, by the holder thereof, in person or by proxy; and that if three hundred shares of said stock shall not be subscribed for within one year, and the said road completed within three years from the passage of this act, then this act shall be null and void; and the said commissioners, after deducting thereout the expenses incurred, shall return to the respective subscribers, or their representatives, the residue of the money paid by them, in proportion to the sum paid.

Election of 4. And be it enacted, That as soon as conveniently may be, after the first and every subsequent annual election of directors, they shall elect a president, secretary and trea surer of said company for the term of one year and until others shall be elected in their stead, who shall receive such compensation for their services as the board of di rectors may direct; the president shall preside at all meetings of said board, and in case of his absence the said board shall appoint some 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 duties and trusts as they may deem expedient; and special meetings of the 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 be made.

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

authorized

road.

6. And be it enacted, That it shall and may be lawful for Company said company to construct and make a turnpike road from to make the southern end of the Long-a-Coming turnpike road, in the county of Camden, by and through the village of Winslow, to the town of May's Landing in the county of Atlantic, and also to construct and make a branch from said road, commencing at Winslow, to end at the town of Tuckerton in the county of Burlington, at least thirty-two feet in width, and not exceeding four rods, which said turnpikes shall be sufficiently arched and drained to make and keep the same dry; at least eighteen feet thereof shall be sufficiently bedded and faced with stone, gravel, or other material, to make a solid, firm and even road at all seasons of the year; and shall be so graded, that in their progress no part shall rise above an angle of four degrees with the plane of the horizon; and the said company shall construct, keep in repair, maintain, and make, good and sufficient bridges along the line of said road or roads, not less than twenty feet in width; and whenever the said road or roads 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 railing to be erected. and maintained on the sides, so as to prevent horses and carriages from running off; and the said company may, by their officers, agents, or other persons in their employ, enter, from time to time, and at all times, upon all lands, to search for stone, gravel, sand, or clay, for constructing and im

Proviso.

Proceedings in case company and

owners can

not agree.

Proviso.

proving said road or roads as aforesaid, doing no unnecessary damage to said land; provided, that before the said company shall construct the said turnpike road or roads as aforesaid, they shall pay to the respective owners of the lands over which the same may pass, all the damages which the said owners will sustain by reason of the construction of said turnpike road or roads; and in case the said company and the said owners cannot agree upon the amount of 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 the taking of stone or gravel from his or her lands for the construction or maintaining of said turnpike road or roads.

7. And be it enacted, That it shall and may be lawful for the said company, their agents, superintendents, engineers and workmen, and other persons by them employed, with carts, wagons, and other carriages, and with beasts of burthen and draft, and all necessary materials, tools and implements, to enter upon all lands contiguous or near to the said road or roads, doing no unnecessary damage thereto, and to make all such ditches and under-drains across and through such lands as may be necessary for properly draining said road or roads, and to take and carry away any stone, sand, gravel, or clay therefrom, suitable for constructing and maintaining said road or roads as aforesaid; provided always, that the said company shall pay, or make tender of payment, for all damages for the occupancy of the lands and the materials to be taken by said company, their agents or workmen, before the said company, or any person in their employ, shall enter or break ground in the premises (except for the purpose of surveying said route), unless the consent of the owner or owners of such lands, or their legal representatives, be first had and ob tained, and if the owners of the land or materials as aforesaid shall not be willing to give the same for such purposes and the said company and owners cannot agree as to the price of the same, it shall be the duty of any justice of the

supreme court of this state, or a judge of the court of common pleas of the county of Camden, who is disinterested in the premises, upon application by either party, and after ten days' notice, in writing, to the opposite party of such application, to appoint three disinterested commissioners, freeholders of the county in which the land lies, to ascertain the price or value of such materials as may be required by said company, and all damages to be sustained by reason of their removal, who shall, before they enter upon the duties of their appointment, take an oath or affirmation faithfully and impartially to execute the duties thereof; and after ten days' notice, in writing, 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 award and decision, in writing, under their hands and seals, or the hands and seals of a majority of them, to the clerk of said county of Camden, to be by him filed as a public record, and certified copies thereof may be taken, if required, by either party; and if either party shall feel aggrieved by the decision of such commissioners, the party so aggrieved may appeal to the circuit court of the county of Camden, at the first term to be held after such decision, by proceeding in the form of petition to the said court, giving at least five days' notice, in writing, to the opposite party of such appeal, which appeal shall vest in the said court full right and power to hear and adjudge the same, and if required, they shall award a venire in the common form for a jury before them, who shall hear and finally determine the same; and it shall be the duty of the said jury to assess the value of said materials and all damages sustained, and, for that purpose, to view the premises in question, if required by either party so to do; and if the said appeal shall be made by the company, and the said court or jury shall award or find the same or a greater sum than the said commissioners, then judgment shall be given, with costs of suit, against said company, and execution issued, if need be, for the