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Ma erect and Construct a, brate and operate a rn load.

Proviso.

as the board for the time being shall or may appoint, and the directors for the time being shall continue in office until new ones shall be elected in their stead, and every board of directors as soon as conveniently may be after their election shall appoint from their number a president, vice president, a secretary and a treasurer of said company, to serve until the then next annual election of directors, and until others shall be appointed in their stead, and the board of directors or a majority of them, shall have power to make, prescribe and to alter such by-laws, rules and regulations of said company as to them shall appear needful and proper, and not contrary to the laws or constitution of this state, the state of New York or of the United States, and shall have power to appoint such officers, clerks and servants, as to them shall seem necessary, and to establish and fix such salaries thereto as to them shall seem proper.

5. And be it enacted, That the said company shall have the power to erect, construct and maintain a permanent bridge over the Hudson river, and construct and operate a railroad over the same between some suitable point in the city of New York and a point north of the southerly line of the township of Union, in the county of Hudson, in this state, and to lease, purchase, acquire and hold as much real estate as may be necessary for the site of said bridge, and of all abutments, approaches, walls, toll-houses, and other structures proper to said bridge, and for the opening of suitable avenues of approach to said bridge, and shall also have power to build, erect and construct a pier for the support of said bridge at the bulkhead line on each side of said Hudson river, and one or two piers in the river between such bulkhead lines, with spaces between said piers of not less than one thousand feet each; provided, that nothing in this act contained shall be construed to authorize, nor shall it authorize the construction of any bridge which shall obstruct the free and common navigation of the Hudson river, save as herein granted, and such bridge shall not be less than one hundred and thirty feet elevation above high tide at the middle of the river; it shall not obstruct any public road, street or avenue, which it shall cross, but such public road, street or avenue shall be opened by a suitable arch or suspended platform as shall give a suitable height for a passage under the same for all purposes of public travel and transportation; the said bridge shall be built with a substantial railing or siding and shall be kept lighted through all hours of the night.

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tors to fix the

6. And be it enacted, That the board of directors shall have Board of direc the power to fix the rates of toll for persons, animals, car- rates of toll. riages and vehicles of every kind or description passing over the same; toll gates shall be kept at each end of the bridge, and the toll demanded and paid upon entering on the bridge; the rates of toll shall be posted up conspicuously at the toll gates; the said directors shall reduce the rates of toll from time to time, so that the net profits of said bridge shall not exceed the sum of fifteen per centum per annum, after deducting the expenses of repairs and improvements of said bridge, its appurtenances and approaches, and all just and proper damages against the said corporation.

bridge.

7. And be it enacted, That any person wilfully doing any penalty for injury to the said bridge or any of its appurtenances, shall to forfeit and pay to the said corporation three times the amount of such injury, and shall be deemed guilty of a misdemeanor, and be subject to a penalty not exceeding five hundred dollars, or to imprisonment not exceeding six months, in the discretion of the court.

8. And be it enacted, That the state of New York shall have jurisdiction of all crimes and offences committed upon said bridge.

9. And be it enacted, That said company shall have power Right of way. to procure the right of way and lands necessary to carry out the objects of this act, either by purchase or appraisement by commissioners in the manner prescribed in and by the original charter or act of incorporation of the New Jersey Railroad and Transportation Company.

10. And be it enacted, That the construction of the said Limitatio bridge shall be commenced within three years, and shall be completed within five years from the time when this act shall take effect, or this act and all rights and privileges granted therely shall be null and void.

11. And be it enacted, That this act shall take effect when the legislature of the state of New York shall pass a law appointing commissioners on their part, and vesting like power and authority in the subscribers to the said capital stock of erecting the bridge as aforesaid, and with as full and ample powers, privileges, franchises and emoluments, as to the said company are hereby given.

Approved April 17, 1868.

Act when to

take effect

Corporators.

Name.

Capital stock.

Commission

ers to open

scription.

CHAPTER DXXI.

An Act to incorporate the Rockaway River Water Power and
Improvement Company, in the county of Morris.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That J. Cooper Lord, George Fuller, William G. Lathrop, George W. Esten, Edwin E. Willis, James Holmes, R. F. Oram, Mahlon Hoagland, Phillip Woolten, Charles A. Righter and such other persons as may hereafter be associated with them, shall be and are hereby ordained, constituted and declared to be a body politic, in fact and in name by the name of "The Rockaway River Water Power and Improvement Company," and by that name they, their successors and assigns shall and may have continual succession, and shall and may sue and be sued, implead and be impleaded, in all courts of justice, and shall have power to make and use a common seal, and they and their successors shall have power and authority to purchase or receive by gift, and to hold, enjoy or convey all such lands, mills, manufactories, water privileges, water rights, goods and chattels in the townships of Hanover, Boonton and Rockaway, in the county of Morris, as may be necessary or expedient for the objects contemplated by this act, and the same to demise, lease, grant or sell, under such rules and regulations as the said company may ordain.

2. And be it enacted, That the capital stock of said company shall be one hundred thousand dollars, with power to increase the same to three hundred thousand dollars, to be divided into shares of one hundred dollars each, which shall be deemed personal property and transferable in such manner as the said company shall by their by-laws direct.

3. And be it enacted, That the above named persons or a books of sub- majority of them, shall be commissioners to receive subcriptions to the capital stock of said company, and as soon as fifty thousand dollars of the capital stock shall be subscribed in good faith, such commissioners or a majority of them, shall give to said subscribers at least ten days' notice in the newspapers printed in Morris county, of the time and place of a Election of di- meeting, to choose nine directors or managers of said company, a majority of whom shall be residents of this state, and such election shall be held at the time and place so appointed, by such of the subscribers to said capital stock as

rect is.

may attend in person or by proxy, each share of said stock subscribed for entitling the subscriber thereof to one vote; at such election the above mentioned commissioners shall act as inspectors thereof, and shall certify under their hands the names of the persons who may be elected, and shall thereupon deliver over to the persons so elected, the subscription books and such moneys as may have been received by them.

appoint off

4. And be it enacted, That the directors or managers chosen Directors to at such meeting and at the annual elections of said corpora- cers. tion, shall as soon as may be after every such election, choose out of their own number a president, who shall hold his office until a successor shall be elected, and in case of the death, removal, resignation or disqualification of any director, the vacancy may be filled for the remainder of the year by the said board of directors; the said board of directors shall also have power to appoint a treasurer, secretary and such other officers as they may deem necessary for the carrying on of the business of said company, which appointments shall be regulated by the by-laws of said corporation.

elect directors

5. And be it enacted, That in case it shall happen that an Not dissolved election of directors or managers shall not take place at the rector time when by this act it should be held, the said company shall not for that cause be deemed to be dissolved, but such election shall be held at such other time as the directors for the time being shall appoint, and such directors for the time being shall continue to hold their office until new ones shall be chosen in their place.

rectors.

6. And be it enacted, That annual elections for directors Powers of dior managers shall be held at such times and places as the board of directors shall from time to time direct, of which elections public notice shall be given for at least two weeks in the newspapers published in said county of Morris; five of said directors shall be a quorum to transact all the business of said corporation, and they shall have power to call in the capital stock of said company by such installments, and at such times as they may direct; and in case of the nonpayment of said installments or any of them, to forfeit the share or shares on which such default shall arise to and for the use of the corporation; and also to make and prescribe such by-laws, rules and regulations as to them shall seem needful and proper touching the management of the stocks, property, estate and effects of the said corporation.

7. And be it enacted, That it shall be lawful for the said

a dam and

raceways.

Proviso.

May construct company, when duly organized, and after at least the sum of twenty thousand dollars is paid in upon the capital stock, to construct a dam across the Rockaway river at such point in either of said townships of Hanover, Boonton or Rockaway as they may deem most expedient, and to construct a raceway along the banks of said Rockaway river, and in connection therewith, and to construct as many lateral or branch raceways, and such locks, weirs, and other works from the said main raceway to the channel of said river as the company shall deem expedient for the purpose of creating a water-power and using the same for manufacturing purposes; provided, the said dam, raceways and other works shall be so located and constructed as not to interfere with any existing improvements on said river, and for the purpose of enabling said company to determine where said dam, raceways and other works can be located and constructed to the best advantage, it shall be lawful for the said company by its agents, engineers, officers, or other persons in their employment, to enter upon all lands lying along said Rockaway river, in the townships aforesaid, whether the same may be covered with water or not, for the purpose of exploring, leveling, surveying and locating said dam and raceways, or other improvements, doing no unnecessary damage to private property; and when the location of said dam and main raceway shall be determined, and a survey of the same deposited in the office of the clerk of the county of Morris, it shall be lawful for the said company by any of its officers, agents, engineers, superintendents, contractors, workmen and other persons in their employ, to enter upon, take possession of, have, hold, use and occupy any such lands, and to make excavations, erect embankments, and all other necessary works and structures which may be necessary or expedient to carry into effect the purposes contemplated by this act: provided, they do not flow any lands now tillable: and provided also, that where such lands are not purchased by, or given to said company, payment or tender of payment of all damages for the occupancy of said lands, to be ascertained as hereinafter provided, shall be made before the said company shall enter upon or occupy said lands, except for the purpose of surveying the same as herein before mentioned.

Proviso.

Proviso

Proceedings

when the company and

owners of property cannot

agree.

8. And be it enacted, That if the said company, or its officers or agents cannot agree with the owner or owners of such required lands or water rights for the use or purchase

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