No other ferry to be es within cer 5. And be it enacted, That all other persons are hereby prohibtablished ited from using the said river for the purposes of a ferry betain distance tween the distance of half a mile below and two miles above the said ferry, and any person violating the provisions of this section shall forfeit and pay to the said Derrick Aten, his heirs and assigns, the sum of fifty cents for each and every offence; provided, that nothing in this act contained shall be so construed as to prevent persons owning the shore within the said limits from transporting persons and property free of charge; and provided further, that all persons going to and from divine service on foot, shall be ferried free of charge, according to the ancient custom of the said ferry. Proviso. Proviso. Approved March 11, 1856. Commissioners to open books of CHAPTER XCVIII. AN ACT to incorporate the Trenton and Allentown Turnpike Company. 1. BE IT ENACTED by the Senate and General Assembly of the subscription. State of New Jersey, That all such persons as shall become subscribers to the capital stock hereinafter mentioned, 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 Trenton and Allentown Turnpike Company," and that the following named persons, to wit: Joseph West, James Messler, Arthur K. Howell, Charles Hutchinson, William T. Ivins, Andrew K. Rowan and Joseph C. Potts, or a majority of them, are hereby appointed commissioners to open 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 at least two of the Trenton newspapers. 2. And be it enacted, That the capital stock of said company shall be twenty thousand dollars, with power to increase the same to forty 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 upon 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 nine 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 two hundred shares of said stock shall be subscribed for, the said commissioners, or a majority of them, shall call a meeting of the said 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 that 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 nine 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 entitled to vote, a vote may be given for each share of stock by the holder thereof, in person or by proxy; and in Amount of capital stock. Election of directora Election of president. Annual statement to be made. Company authorized to make road. Proviso. case it shall happen that any election of directors should 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 such 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. 4. And be it enacted, That so soon as conveniently may be after the first and subsequent annual election of directors, 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 the meeting is called. 5. And be it enacted, That at the annual meeting of the 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 their said term. 6. And be it enacted, That it shall and may be lawful for the said company to make and construct a turnpike from Trenton, by way of Sandtown, Hamilton Square and Newtown, to Allentown; 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 necessary to make the said road, and also to search for stone, gravel, sand or clay for constructing and keeping up said road, doing no unnecessary damage to said lands; provided, the said company as soon as they shall have constructed 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 said damages, then the 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 off stone, gravel, sand or other materials from his or her lands for the constructing or maintaining of said turnpike road. of road. 7. And be it enacted, That the said turnpike road shall be Description constructed at least thirty-two feet in breadth, 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 horizon; 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 erect ed on the side, 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 with 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 thereto as possible, repairing any breach they may make in the enclosures thereof, and to make all ditches and underdrains across and through such lands as are necessary for the proper draining of said road and to take and carry away stone, gravel, clay or sand, or other materials therefrom suitable for making or repairing said road; and if the said company or their agents and the owner or owners of such required land or material cannot agree as to the price of the same, it shall Froceedings in case com ny and not agree. Owners can Rates of toll. 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 Mercer, upon application of either party, and after six days notice in writing to the opposite party of such application, and after hearing the parties, to appoint three disinterested, impartial and judicious freeholders, residents of this state, commissioners to assess the price or value of such land or materials as may be required by said company and all damages that may be sustained by reason of the appropriation of the same to the use of said company, who shall before they enter upon the dutics of their appointment, be duly qualified according to law faithfully and impartially to execute the duties thereof, and after six days notice in writing to both parties of the time. and place, shall meet, view the premises, hear the parties, and evidence if desired, and thereupon make such decision or award as to them may appear just and equitable, 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 the said county of Mercer, to be by him filed as a public record, and certified copies taken if desired by either party; and upon payment or tender of the sum so awarded by the commissioners the said company or their agents may enter upon said land, or remove all such materials, as have been appraised as aforesaid; and when by reason of any legal incapacity, or the absence of the owner or owners of such land or materials, no agreement can be made with said company, then it shall be the duty of said company to pay the amount of any award made in behalf of any such persons by commissioners appointed as aforesaid, into the court of chancery to the clerk thereof, subject to the order of said court, for the use of said owner or owners. 9. And be it enacted, That as soon as the said company shall have constructed said road, according to the direction of this act, and the true meaning and intent thereof, it shall and will be lawful for them to erect toll houses upon and gates or turnpikes across the same, and to demand and receive toll for traveling each mile and all fractions over one half a mile of the said road not exceeding the following rates to wit: For every carriage, sleigh or sled drawn by one beast, one cent. |