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amount that shall or may be realized from said assets and said property shall be distributed ratably among the holders of the said bills and notes.

stockholders.

6. And be it enacted, That the stockholders of said cor- Liability of poration at the time of its becoming insolvent, other than said directors, shall be jointly and severally liable to any receiver or receivers that shall or may be appointed as aforesaid, to an amount sufficient to redeem the said bills or notes after the assets of said corporation and the property of said directors shall have been distributed as aforesaid; provided, Proviso. that no stockholder, other than said directors, shall be made liable to an amount exceeding the par value of the stock held by him at the time said corporation became insolvent, and if that amount shall not be required for the full redemption of said bills and notes, then the said stockholders shall be liable in the ratio of the said stock so held by them, and it shall not be lawful for any such stockholder to assign or otherwise transfer his stock or other property, to avoid such. liability.

against stock

rectors.

7. And be it enacted, That in case of an action or suit at Actions law against any director or directors, stockholder or stock- holders or diholders, under any of the preceding sections of this act, the receiver or receivers may declare generally for money had and received; provided, that a schedule shall be annexed to Proviso. the said declaration setting forth that the said action or suit is under and by virtue of the provisions of this act, specifying the aggregate amount claimed, the names of the presi dent and cashier subscribed to the bills or notes declared on, and the numbers and denominations thereof.

refusing to re

8. And be it enacted, That if at any time after the passing Penalty for of this act, the president, directors and company shall neglect deem bills. or refuse, on demand being made at their banking house,. during the regular hours of doing business, to redeem in specie or other lawful money, any of the bills, notes or other evidences of debt issued by the said corporation, and which shall be due and payable, the said president, directors, and company, shall, on pain of forfeiture of their charter, wholly discontinue and close their banking operations, either by way of discount or otherwise; and the said company shall

Written assent to be

filed.

be liable to pay to the holder or holders of such notes or bills, the payment whereof has been refused or delayed, upon demand as aforesaid, damages for the non payment thereof, at and after the rate of ten per centum per annum from the time of such demand, and until the same be paid or otherwise satisfied.

9. And be it enacted, That unless the directors of said corporation shall, within six months hereafter, assent to this act, and file a written assent thereto, under the seal of said corporation, in the office of the secretary of state, this act shall be deemed and considered void. Approved March 19, 1857.

Freeholders

build bridge.

CHAPTER LXXXVII.

AN ACT to authorize the construction of a draw or swing bridge over the Manasquan river.

1. BE IT ENACTED by the Sena'e and General Assembly of authorized to the State of New Jersey, That it shall be lawful for the boards of chosen freeholders of the counties of Monmouth and Ocean, to build and maintain, or permit to be built and maintained, a good and sufficient bridge over Manasquan river, with a suitable draw or swing, of not less than thirty feet in width, with a turn-out of sufficient width for carriages to pass, commencing at or near Union Landing, in the county of Monmouth, and terminating at Reedy Point, in the county of Ocean, on lands of William Curtis and Thomas Cook ; provided, that the expenses of erecting and keeping in repair said bridge be borne equally by the counties of Monmouth

Proviso.

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and Ocean; the said bridge is not to interfere with the present bridge now across said river at or near Allen Osborn's.

injuring

2. And be it enacted, That if any person shall open the unity for draw or swing of said bridge, and leave the same open for works. more than fifteen minutes, when the same is not absolutely necessary for the passage of a vessel or boat through the same, or if any person shall cut, remove, or destroy any piece of timber, draw, swing, post or pile, or shall remove any iron or stone work belonging to said bridge or abutment thereof, or otherwise wilfully damage or cause to be damaged, the said bridge, or any part thereof, he, she, or they so offending, shall for every offence forfeit and pay the sum of twenty dollars, over and above the damage done to the said bridge, or any part thereof, to be recovered in an action of debt, before any court of competent jurisdiction, with costs of suit, by any person who shall sue for the same, onehalf of said sum for the use of the prosecutor, and the other half to the collector or collectors of the counties of Monmouth or Ocean, or either of them, for the use of said counties.

may employ charge of

3. And be it enacted, That in case it shall become neces- Freeholders sary for the protection of the said bridge, and the accommo- person to take dation of persons and vehicles going over, or of vessels or bridge. boats passing through the same, to have the said bridge put in the special care of some suitable person or corporation for that purpose; then and in that case it shall be lawful for the said boards of chosen freeholders, for the time being, to make such contracts and regulations as they shall deem necessary for the better protection and accommodation of the same; provided, they be in accordance with the preceding Proviso. sections of this act.

Approved March 19, 1857.

Township officers to be

lot.

CHAPTER LXXXVIII.

AN ACT to authorize the inhabitants of the township of Frankford, in the county of Sussex, to vote by ballot at their town meetings.

1. BE IT ENACTED by the Senate and General Assembly of elected by bal- the State of New Jersey, That the inhabitants of the township of Frankford, in the county of Sussex, are hereby authorized and required to elect by ballot and not otherwise, at their annual town meetings, the following officers, until otherwise required by law, whose qualifications shall be the same as are or may be fixed by law, that is: a township clerk, a judge of election, an assessor, a collector, two chosen freeholders, two surveyors of the highway, three commissioners of appeal, two overseers of the poor, one pound keeper, a township committee consisting of five persons, a town 'superintendent of public schools, as many justices of the peace as the inhabitants of said township may be constitutionally entitled to elect, and two constables; and shall also, upon the same ballot, vote for the amount of money to be raised for the support of the poor, for school purposes, for the repair of roads, the amount of dog tax, and all other money necessary for township purposes, and for the places of holding the next annual town meeting, and the election of state and county officers.

Election of overseers of the highway.

2. And be it enacted, That the overseers of the highways of the several road districts in the township of Frankford, in the county of Sussex, shall be elected by the legal voters of the several road districts, as they may be arranged from time to time by the township committee; and for the purpose of carrying this provision into effect, it shall be the duty of the township committee to give public notice, as shall be hereafter directed in the third section of this act, which shall be within six days after the next annual town meeting, and of the place, which shall be some convenient place in the district, when and where the legal voters in the township, residing in such district, shall assemble for the purpose of

such election, and at which time and place such legal voters assembled, having been called to order by any legal voter of the district, shall proceed, viva voce, by the holding up of hands, or by count, to elect a moderator of such meeting, by plurality of votes; and being so organized, the meeting shall proceed as in the election of moderator, to elect an overseer of the highway for the district; the moderator of each district meeting shall, at their first meeting after such election, notify the township committee, in writing, of the election of such overseer; in case of the failure of any district to elect an overseer, or of the person so elected to accept of the appointment, the township committee shall fill such vacancy; the overseers of the highways shall account to and settle with the township committee, as required to do by law.

given of first

meetings.

3. And be it enacted, That it shall be the duty of the town- Notice to be ship committee, as is required by the second section of this district road act, to give notice of the time and place of holding the first district road meetings under this act, and shall cause notice thereof to be posted up in some conspicuous place in such district, at least five days before the time of holding such meeting.

sequent dis

trict road

meetings.

4. And be it enacted, That all subsequent district road Notice of submeetings, shall be called by the overseers of the respective districts, upon notice posted up in some conspicuous place in such road district, at least ten days from the time of holding such meeting; and all subsequent district road meetings shall be held on the Saturday preceding the annual town meetings; and should the overseer of any district fail to call such meeting, they shall meet at the place where the last district meeting was held; or the individual elected refuse to accept said appointment, or in case of a vacancy arising from any other cause, the township committee shall fill such

vacancy.

election.

5. And be it enacted, That the judges of election, viz: Officers of George Bowman, James Roe, and Peter Dennis, elected at the last town meeting, shall preside at and conduct the election at the next ensuing annual town meeting, and the clerk of said township, viz., William H. Bell, shall be the clerk,

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