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Payment of installments.

Penalty for injuring works.

Proviso.

Annual statement to be made.

Act void if works are not built in certain time.

Former act repealed.

time receive further subscriptions for stock to be subscribed for and paid at such times, in such manner, in such installments, and upon such notice as the directors, by by-laws or otherwise, may direct and appoint; and in case of failure by any stockholder to pay his or her installments at the time and place appointed for the payment thereof, or within thirty days thereafter, the directors, if they see fit, may declare the share or shares of such defaulting stockholders forfeited, with all previous payments thereon, to the use of the said company.

8. And be it enacted, That if any person or persons shall wilfully do or cause to be done anything to injure the pipes, cocks, lamps, machines, works or structures of the said company, or anything appertaining thereto, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be guilty of a misdemeanor, and being thereof convicted, punished by fine not exceeding two hundred dollars, or imprisonment at hard labor or otherwise, not exceeding one year, or both; provided, such criminal prosecution shall not in anywise impair the right of action for damages by a civil suit by said company against persons guilty of such offence.

9. And be it enacted, That the directors shall make an annual report to the stockholders of the affairs of the company, of the amount of stock actually paid in, of the assets and debts of the company, and that no dividends shall be declared except from the actual profits of the company, and that the books of the company shall be at all times open for the inspection of the stockholders.

10. And be it enacted, That the said company shall erect and establish their said gas works within five years from the passage of this act, or otherwise this act shall become void, and of no effect, and the rights and privileges hereby granted become forfeited.

11. And be it enacted, That an act entitled "an act to incorporate the Atlantic City Gas Light Company," approved January thirty-first, eighteen hundred and fifty-four, be and the same is hereby repealed; and that it shall be lawful

for the legislature at any time to alter, amend or repcal

this act.

Approved March 20, 1857.

CHAPTER CXLII.

AN ACT to incorporate the Bergen Point and Staten Island

Ferry Company,

porators.

1. BE IT ENACTED by the Senate and General Assembly of Names of corthe State of New Jersey, That James H. Roake, Cornelius V. Clickener, and John M. Curry, and such other persons as may hereafter be associated with them by becoming stockholders as herein provided, and their successors, are hereby created a body corporate and politic, by the name of "The Bergen Point and Staten Island Ferry Company," for the purpose of establishing and maintaining a steamboat ferry from Bergen Point, in the county of Hudson, across the Kill Van Kull to the shore of Staten Island.

2. And be it enacted, That the capital stock of said com- Amount of capital stock. pany shall be the sum of ten thousand dollars, to be divided into shares of one hundred dollars each; and that said James H. Roake, Cornelius V. Clickener, and John M. Curry shall be commissioners to receive subscriptions for said stock, and to distribute the same among subscribers; and that they shall open books for receiving subscriptions to the capital stock of said company at some place in the county of Hudson, having first given notice by advertisement published for twenty days in a public newspaper of said county, of the time and place of receiving such subscription; that the sum of five dollars shall be paid on each share at the time of subscribing, and the residue as called for by the company, and upon notice having been given in manner aforesaid of calling

Election of directors.

Duties and powers of directors.

Company au

thorized to

in any installment, the directors may, for non-payment, forfeit such stock.

3. And be it enacted, That as soon as a majority of said shares are subscribed for, and the first installment paid thereon, said company may commence business; and said commissioners shall thereupon give notice in the manner aforesaid of a meeting of the stockholders to choose directors, and at the time and place so advertised for that purpose, and annually thereafter upon like notice, at such time as the bylaws of said company shall direct, the stockholders shall elect five stockholders to be directors of said company, who shall continue such for one year and until others are chosen in their stead; and if no election is held on the day provided by the by-laws, then it may be held on any day afterwards designated for that purpose by the directors upon like notice as aforesaid; and until directors are chosen, said commissioners shall be the directors of said company.

4. And be it enacted, That said directors shall manage and control all the business and affairs of said company, shall choose a president out of their own number, and may appoint a secretary and such other officers as their by-laws may direct; and a majority of the directors and the president shall be residents of this state; and said directors shall have power to fill all vacancies that may occur in their number. 5. And be it enacted, That said company shall have the establish ferry right, power and authority to establish and maintain a steamboat ferry from any part of Bergen Point, in the county of Hudson, within four hundred yards of the south termination of the plank road at Bergen Point, to any point or points on the shore of Staten Island on the opposite side of the Kill Van Kull; and it shall be the duty of said company to keep a steamboat running at said ferry from sunrise to sundown, at all seasons of the year, for the accommodation of the public, except when the navigation of the Kill Van Kull shall be impracticable or dangerous.

Rates for ferriage.

6. And be it enacted, That said company shall be entitled to have and receive, for transportation over said ferry, the following and no greater rates: for each passenger six cents; for each one horse wagon and driver twenty-five cents; for

each two horse wagon and driver thirty-seven cents; for each man and horse fifteen cents; for horses, mules and neat cattle ten cents each; and for all other carriages and merchandise such rates, in proportion to the above, as the directors shall from time to time ordain.

repealed.

7. And be it enacted, That all acts and parts of acts pro- Former acts hibiting the establishment of a ferry from any part of Bergen Point aforesaid to the shore of Staten Island or any part thereof, and all acts and parts of acts contrary to the provisions of this act, be and the same are hereby repealed.

8. And be it enacted, That this act shall continue in force Limitation. for twenty-five years, and the legislature may, at any time when the public good may require, alter or repeal this act; and that if said company shall not establish and commence running their ferry within one year from the passage of this act, then this act shall be void. Approved March 20, 1857.

CHAPTER CXLIII.

SUPPLEMENT to the act entitled "An act concerning divorces," approved April fifteenth, eighteen hundred and forty-six.

be decreed for

1. BE IT ENACTED by the Senate and General Assembly of Divorces may the State of New Jersey, That divorces from the bond of desertion. matrimony may be decreed for wilful, continued and obstinate desertion for the term of three years; but the decree or sentence of divorce in such case shall not render illegitimate the issue of any marriage so dissolved.

2. And be it enacted, That all act or acts, or parts of any Part of former act, inconsistent with the provisions of this act, be and the act repealed. same are hereby repealed.

Approved March 20, 1857.

Company authorized to construct

branch road.

Capital stook may be increased.

Proviso

When work

may be commenced.

CHAPTER CXLIV.

A SUPPLEMENT to an act entitled "An act to incorporate the
Burlington and Mount Holly Railroad and Transportation
Company," approved February eleventh, eighteen hundred
and forty-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the Burlington and Mount Holly Railroad and Transportation Company be and they are hereby authorized and empowered to survey, lay out, and construct an extension or branch of their railroad, with the necessary appendages and appurtenances, from some point at or near the present terminus of their said railroad in the town of Mount Holly, in the county of Burlington, to some point in or near the borough of Pemberton, in said county, and extend the same to New Egypt, in Ocean county, of like guage with their said railroad already constructed, and with as many sets of tracks as they shall think proper; and that, to enable the said company to complete and use the said extension or branch of their railroad, they be and they hereby are invested with all the powers, privileges and authority conferred by the original act of incorporation, and subject to all the liabilities, limitations and restrictions imposed by the same.

2. And be it enacted, That the capital stock of the said company be increased one hundred thousand dollars, which shall be divided into shares of twenty-five dollars each, to be subscribed for in books opened by the directors on twenty days' notice, and an installment of ten per cent. then paid in, and the balance paid in as called for by the directors; provided, that no installment shall exceed five dollars on a share, nor the intervals between the installments be less than thirty days, and the notice shall be at least twenty days.

3. And be it enacted, That the work on the said extension or branch railroad shall not be prosecuted till the whole of the additional stock hereby authorized shall be subscribed, and the first installment paid in.

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