Proviso. Allowance for dollars, being a sum sufficient to pay the nine months' volunteers from said township, who enlisted in the service of the government in the present war, twenty-seven dollars per month each, after deducting from said twenty-seven dollars per month the monthly pay given to said volunteers by the United States and this state, so that said volunteers shall each receive, in the whole, from the United States and this state, and the moneys hereby authorized to be raised, the said sum of twenty-seven dollars per month while in such service; provided, that no assessment authorized by this act shall be laid upon any of said volunteers or their estate. 2. And be it enacted, That any person assessed under this money paid. act shall be entitled to claim a deduction, and to be allowed the same from the sum so assessed against him, to the extent of the amount paid by him or her towards the bounties paid to such volunteers; provided, such sum to be deducted shall be proved to the satisfaction of the township committee of said township of Milburn to have been paid towards the payment of said bounties. Proviso. How money expended. 3. And be it enacted, That the amount so to be assessed and raised under this act shall, when collected, be paid to the said township committee, to be by them paid to said volunteers, or their lawful representatives. 4. And be it enacted, That this act shall take effect immediately. Approved March 6, 1863. Part of former CHAPTER CIV. A supplement to the act entitled "An act relative to taxes on public 10ads," approved March twentieth, one thousand eight hundred and fifty-seven. 1. BE IT ENACTED by the Senate and General Assembly of act repealed. the State of New Jersey, That so much of the act to which this is a supplement as prohibits working on "any road between the first day of October and the first day of April," be and the same is hereby repealed, so far as to permit the macadamizing of roads during the months of March, October and November. Approved March 6, 1863. CHAPTER CV. AN ACT to incorporate the Freehold and Englishtown Turnpike Company. ers. 1. BE IT ENACTED by the Senate and General Assembly of Commissionthe State of New Jersey, That the subscription books of the capital stock of the Freehold and Englishtown Turnpike Company shall be opened by Joseph H. Van Mater, Joseph Combs, John M. Perrine, Jacob Herbert, Jacob Keeler, John Haley, Joseph C. Thompson, Lewis Rue and George Gordon, or a majority of them, who are hereby appointed commissioners to receive subscriptions to the said stock, at such times and places as they, or a majority of them, may direct, giving notice at least twenty days prior to the opening of said books, by publishing the same in at least two of the newspapers published in the county of Monmouth, in this state. 2. And be it enacted, That the capital stock of said com- Capital $7000. pany shall be seven thousand dollars, with liberty for the said company to increase the same to ten thousand dollars, and shall be divided into shares of twenty-five dollars each; and that when two hundred shares shall be subscribed for, the persons holding the same shall be and they are hereby incorporated into a company, by the name of the "Freehold and Englishtown Turnpike Company," and by that name shall have, enjoy and exercise all the rights, powers and privileges appertaining to corporate bodies and necessary to carry the objects of this act into effect. ments called 3. And be it enacted, That at the time of subscribing for How installsaid stock, two dollars shall be paid upon each share sub- and paid. scribed, to the commissioners, or any of them, which money shall be paid over to the treasurer of the company, as soon as one shall be appointed, and the residue of the subscription shall be paid in installments, at such times and places and to such persons as the president and directors of the company shall, from time to time, direct, and give public notice thereof in the manner aforesaid; and upon failure of the payment thereof, as so directed, the said president and directors shall have power to forfeit the shares of each and every person so failing to pay the said installments, or any of them, to and for the use of said company; provided, that if the number of Proviso. Proviso. Proviso. Time limited. Election of di rectors. Officers and their duties. shares subscribed for shall exceed the number of shares authorized by this act, that the said commissioners shall apportion the said stock among such subscribers in proportion to the amount or number of shares by them subscribed for as aforesaid; provided also, that no subscription for less than four shares of said stock shall be reduced by such apportionment; provided also, that the stockholders shall, upon request, have the right to pay the stock subscribed, except the first installment, by work upon said road, they doing the work as cheaply as it otherwise can be done, under such regulations, at such time, and upon such notice by either party, as the directors may determine. 4. And be it enacted, That if the number of shares hereinbefore made necessary for the incorporation of the said company be not subscribed for within three years from the time of opening said books, this act and all the subscriptions under it shall be null and void; and the said commissioners, after deducting thereout the expenses incurred, shall return the residue of the money paid in to the respective subscribers, or their representatives, in proportion to the sums paid in by them. 5. And be it enacted, That when two hundred shares of said stock shall be subscribed for, the said commissioners shall call a meeting of the stockholders, giving at least twenty days' notice of the time and place of said meeting, as hereinbefore directed with regard to the opening of said books, at which meeting the subscription books shall be laid before the stockholders, who shall thereupon proceed to elect, by ballot, seven directors, a majority of whom shall be citizens. of this state, to manage the affairs of said company for one year, of which election the said commissioners, or a majority of them, shall be judges; and at the expiration of that term, and annually thereafter, upon like notice to be given by the directors for the time being, the said stockholders shall elect by ballot the same number of directors, a majority of whom shall be citizens of this state as aforesaid; 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 the holder or holders thereof, either in person or by proxy. 6. And be it enacted, That within twenty days after the annual election as aforesaid, the said directors shall elect from among their number a president of their said company, who shall hold his office for one year and until another shall be elected, and receive such compensation as a majority of the directors shall direct, and shall be the presiding officer of all meetings of said directors, and shall have the casting vote. when they shall be equally divided; he shall have charge of the seal of the company, and shall appoint the judge or judges of all elections of the stockholders, or in case of his death, absence or inability so to do, the said directors shall appoint some other suitable person, who, for the time being, shall possess the same powers and authority and perform all the duties herein prescribed. rectors. 7. And be it enacted, That the said directors, or a ma- Powers of dijority of them, may supply any vacancy in the interval between the annual elections, by death, resignation, removal or refusal to act of any president or director, and may appoint a treasurer and all officers, agents, superintendents and other servants that may be required to transact the business of the company, with such compensation as they may determine upon, and may exact from them such security for the due performance of their respective trusts as they may think expedient; they shall regulate the tolls and have the superintendence and direction of all receipts and disbursements, and all other affairs of the company, and may make and enforce such ordinances and by-laws as they may think expedient for regulating the transfer of stock and for the general government of the company and the management of its affairs; provided, the same are not unlawful or unconstitutional. Proviso. 8. And be it enacted, That at the annual meeting of the Annual report stockholders it shall be the duty of the president and directors of the preceding year to exhibit to the stockholders a full and complete statement of the affairs of the company during said term. ings. 9. And be it enacted, That special meetings of the stock-special meetholders may be called by order of said president, or by the s stockholders owning one-fourth of the whole stock of the company, by giving notice of the time and place of holding the same, as hereinbefore directed with regard to the annual meetings, which said notice shall specify the particular object of the meeting, but that no business of the company shall be transacted at such special meeting, unless a majority in value of the stockholders attend and concur therein, who may require the books, accounts and all other papers and proceedings of the company to be exhibited to them by the president and directors. for failure to 10. And be it enacted, That, if from any cause, any elec- Corporation tion herein before named shall not be held at the time specified not dissolved by this act, the same may be made at any other time as afore-elect. said, and that until such election be had the officers of the May construct turnpike. Proviso. Proviso. Width and: kind of road. preceding year shall 'continue to hold their respective offices until others be elected in their stead; and that this charter shall not be defeated or avoided by reason of the irregularity or want of such election. 11. And be it enacted, That it shall and may be lawful for the said company to construct and make a turnpike road, from Freehold, in the county of Monmouth, to Englishtown, in said county, which said turnpike road shall be constructed on and along the public highway leading from Freehold to Englishtown, except in those places where the said public highway is not straight, then and in those places the said company shall have power to construct the said turnpike road where they may deem proper, and the width of said turnpike road shall be governed by the public road upon which it may be made; provided, that before the said company shall construct the said turnpike road aforesaid, they shall pay to the respective owners of the lands over which the said turnpike road is constructed, all damages which the said owners will sustain by reason of the construction of the said turnpike road; and in case said company and any of the owners cannot agree upon the amount of the said damages, the said damages shall be ascertained and determined, as nearly as may be, in the manner hereinafter provided for, for ascertaining and determining the damage which any land owner or owners shall sustain by the taking of stone, gravel or other materials from his or her land for the constructing or maintaining of said turnpike road; provided also, that the said company shall have power to take only the right of way over the lands whercon the said road is to be constructed, paying damages which the owners will sustain thereby; and the commissioners hereafter named, if appointed, shall have power to assess damages for the right of way only. 12. And be it enacted, That the said turnpike road shall be constructed at least thirty-two feet in breadth along the middle, as near as may be, of the said highway, and shall be sufficiently arched and drained to make and keep the same dry, and at least sixteen feet thereof shall be sufficiently bedded and faced with stone or gravel to make a solid, firm and even road at all seasons of the year, and it shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon; and the said company shall make good and sufficient bridges along the line of said road, not less than eighteen feet in breadth; and whenever the said road, in passing over low |