them by this supplement, and make a just and true report according to the best of their skill, knowledge and understanding, which said oath or affirmation shall also be filed with said. report in the clerk's office aforesaid.

filled.

4. And be it enacted, That if either of the above named Vacancies how commissioners shall refuse or neglect to take and subscribe said oath or affirmation by the first day of April next, their appointment shall be considered as vacated, and the remaining commissioners who shall qualify as aforesaid, or any two of them shall immediately after such neglect or refusal apply to the judge of the circuit courts of the counties of Monmouth and Ocean, to appoint other commissioners in their place and stead, and the said judge upon such application being made to him, shall appoint two judicious persons, who shall be citizens and freeholders of this state, to act as commissioners in lieu of those so neglecting or refusing to qualify as aforesaid, and who shall perform and discharge all the duties prescribed by the second section of this act, after having first taken the oath of affirmation also prescribed therein, and said appointment of commissioners so made as aforesaid, shall, after the same is made, be filed in the clerk's office aforesaid.

fusal to qualify

5. And be it enacted, That if either of the said commission Penalty for ers so appointed by said judge shall refuse or neglect to neglect or requalify as aforesaid, or to perform the duties required by this supplement, he or they shall be liable to pay a penalty of one hundred dollars, to be recovered in an action of debt in any court of competent jurisdiction in this state, by any person who shall sue for the same.

a tax on the

sted until paid

6. And be it enacted, That the quota or proportion of said Quota of debt debts so ascertained, established and reported by said com- annexed pormissioners as aforesaid, and which the inhabitants of that tion of Plumpart of said township of Plumsted annexed as aforesaid by said act, shall be liable to pay as aforesaid, shall be assessed as a tax upon said inhabitants so annexed as aforesaid by the assessors of the township of Upper Freehold, in the county of Monmouth, and collected by the collectors of the same township and paid over on the order of the township committee of the township of Plumsted, in just and equitable proportions each and every year hereafter until the whole of said quota of said debts, on or before the first day of March. in each year, shall be fully liquidated and discharged; and

Township

committee of

to be assessed

the receipt of such committee or any two of them for the same, shall be a full and final discharge and release therefor. 7. And be it enacted, That the township committee of the Plumsted to township of Plumsted, in the county of Ocean aforesaid, shall fix the amount each and every year hereafter fix and determine the amount and proportion of said debts so as aforesaid to be assessed and collected in manner aforesaid, and that said amount so directed to be assessed and collected as aforesaid, shall in no one year exceed one-fourth of the whole amount of said debt so ascertained, established and reported by said commission

each year.

Compensation of commissioners.

Taxes legal

and binding.

Poll tax.

Proviso.

ers.

8. And be it enacted, That a reasonable compensation with all just expenses, shall be paid to said commissioners for their services under this act, in equal shares and proportions, by the township committee of the township of Plumsted aforesaid, and by the inhabitants residing within that part of said township annexed as aforesaid, by the act to which this a supplement.

9. And be it enacted, That all taxes ordered and directed to be assessed and collected by the inhabitants of that part of said township so annexed as aforesaid by the act to which this is a supplement, for the above specified purposes since the passage of said act, are hereby declared and made legal and binding on said inhabitants, and the acts, proceedings and resolutions in relation to the same, adopted at a town meeting of said inhabitants of said part of said township held on the twenty-third day of July, anno domini eighteen hundren and sixty-nine, are hereby legalized to all intents and purposes, and as effectually as if the same had been passed at a legal town meeting.

10. And be it enacted, That in the assessment of taxes upon the inhabitants of that part of said township so annexed as aforesaid by the act to which this is a supplement, the assessors of the township of Upper Freehold, in the county of Monmouth, are hereby authorized and required to assess upon every white male inhabitant in that part of said township so annexed as aforesaid, a poll tax of one dollar, until the debts aforesaid shall be fully paid; and such poll tax so assessed as aforesaid, shall be levied and collected by the collectors of said township of Upper Freehold agreeably to law, and paid over as hereinbefore provided; provided, however, that all honorably discharged soldiers who have served one year in

the army during the recent war, shall be exempt from such poll tax.

the poor.

11. And be it enacted, That the inhabitants of that part Expenses of of said township of Piumsted, annexed as aforesaid by said act, shall be liable to pay their share of the expenses of the poor for the year eighteen hundred and sixty-nine.

12. And be it enacted, That all acts and parts of the act Repealer. to which this is a supplement, and which conflicts or are inconsistent therewith, be, and the same are hereby repealed, and this act shall take effect immediately. Approved February 16, 1870.

CHAPTER LXIII.

A Supplement to "An Act to incorporate the Vineland Railway Company," approved the fourteenth day of March, eighteen hundred and sixty-seven.

capital stock

labor, and also

on road.

1. BE IT ENACTED by the Senate and General Assembly of May issue the State of New Jersey, That the Vineland Railway Com- in payment of pany is hereby authorized to issue its capital stock in pay bonds secured ment for work done and materials furnished upon the railroad by mortgage of said company, and also to issue its bonds to an amount not exceeding the sum of seven hundred and fifty thousand dollars, bearing interest at the rate of seven per centum per annum, and secured by a mortgage upon the railroad, lands, property, appurtenances, privileges and franchises of said company; provided, the said Vineland Railway Company Proviso. shall not sell said bonds for a less sum than eighty per centum of their par value; and it shall not be lawful for the said corporation to plead any statute or statutes of this State against usury in any suit in law or equity, instituted to enforce the payment of any bond or mortgage executed under this section.

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

Approved February 16, 1870.

Names of corporators.

Corporate

name.

Object.

CHAPTER LXIV.

An Act to incorporate the New Jersey Fire Clay and Brick Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Oliver Ames, William Cobb, Amos Robins, M. F. Carman, Clements S. Parsons, Joseph F. Randolph and John Rutherford, and such other persons as may hereafter be associated with them, be and they are hereby created a body politic and corporate, in fact and in law, by the name of the "New Jersey Fire Clay and Brick Company," for the purpose of mining and selling fire clay, and the manufacture of fire, pressed and common brick, and of carrying on the business incident thereto; and for such purpose the said company shall or may raise by subscription, by opening the books therefor, or otherwise, a capital stock of Amount of one hundred thousand dollars, to be divided into shares of one capital stock. hundred dollars each, with the privilege of increasing the same from time to time to any amount not exceeding three hundred thousand dollars, and it shall be lawful or said com. pany to issue certificates of stock, in whole or in part, in payment for any real or personal property purchased or leased by said company for the purposes of their business aforesaid, and may commence business when forty per centum of the capital stock is subscribed.

2. And be it enacted, That the said corporation may purchase, use, hold, possess and enjoy such real estate in the township of Woodbridge, Middlesex county, as may be necessary or expedient for the purposes of said corporation, and may sell, mortgage, lease or otherwise dispose of the same at pleasure, and may borrow money and issue bonds therefor, not to exceed at any time two-thirds of their capital stock, and may sue and be sued in all courts of law and equity; and may have and use a common seal, and may change and alter the same at pleasure, and may make such by-laws for their regulation and government as they may deem proper; provided, the same are not inconsistent with the constitution and laws of the United States or of this state.

how chosen,

3. And be it enacted, That the affairs and business of the Directors, said corporation shall be managed by not less than three nor &c. more than seven directors, who shall elect one of their number president, and said directors shall be stockholders in said corporation, and shall hold their office for one year and until others shall be chosen to fill their places; said directors shall be elected at the annual meeting of the stockholders, to be held on such day, at such hour of the day, and at such place as the by-laws of said corporation shall direct; and until such election shall take place, the corporators named in the first section of this act, shall manage the affairs of said company, and a majority of the directors shall, on all occasions, when assembled at such time and place as the by-laws shall prescribe, constitute a body competent to transact business; and all business matters before them shall be decided by a majority of votes; and in case a vacancy shall occur in the board of directors by death, resignation, or failure of the stockholders to elect the full number authorized by this act, the remaining directors for the time being, or a majority of them, shall have power to fill such vacancy by the appointment of any stockholder.

dissolve.

4. And be it enacted, That in case it shall happen that an Failure to election of directors shall not be made upon the day desig- elect not to nated for that purpose, the said corporation shall not be deemed to be dissolved, but the stockholders may proceed to hold an election for directors on any other day, such notice being given of the time and place of such election as the bylaws shall prescribe.

ers.

5. And be it enacted, That the said corporation shall be, General powand is hereby empowered to purchase, use, possess and enjoy and hold in fee simple, or any less estate, any lands or real estate, or to mortgage, sell, lease, convey or dispose of the same, or any part thereof, and to lay roads, cut, dig, keep and maintain drains and sluices in and through their lands, and in and through contiguous and other lands, with the consent of the owners of said lands, and from time to time re-locate, deepen or change the same for the purpose of the manufacture of brick, tile and the transportation thereof; and if the said drains, sluices or roads shall go through or be constructed upon any land not owned by said corporation, or if for any reason, no agreement can be made for the use or purchase thereof, then the said company may proceed to acquire the same in the manner provided in the sixth and seventh sections of the act entitled