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 offi

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

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

owners of pro

agree.

thereof, or if by reason of the legal incapacity or the absence of such owner or owners, no such agreement can be made, as particular a description as the case will admit of, of the land or water, or other rights so required for the use of the said company, shall be given in writing, under the oath or affirmation of some engineer or proper agent of said company, and also the name or names of the occupants or owner, if known, to one of the justices of the supreme court, who shall require the said company to give notice of said application to the persons interested, if known and in this state, or if unknown or out of this state, to make publication as he shall direct for any term not less than ten days, and the said justice shall appoint a time and place for the appointment of three disinterested commissioners to view said lands; and at the time and place appointed, upon satisfactory evidence of the service or publication of said notice, the said justice shall appoint three disinterested commissioners to appraise the value of said lands and water rights, and the damages which may be sustained by the owner, by the taking of the same by said company; and the said commissioners having first taken an oath in writing faithfully and impartially to execute the duties of said appointment, shall, after giving five days' notice to both parties where said parties reside in this state, view the premises, and hear the parties and their evidence, if so desired, and thereupon make such appraisement of the value of said lands or water rights, and of the damages sustained by the owner, as to them shall appear just and proper, and shall transmit such appraisement and award in writing, under their hands, to the justice who appointed them, to be by him returned and filed in the office of the clerk of said county of Morris, together with all the papers before him relating thereto, there to be kept as a public record; and if either party shall feel aggrieved by the said appraisement and award of the said commissioners, the party so aggrieved may appeal Proceelings to the circuit court of said county of Morris at the next term peal. after said appraisement and award shall be returned as filed as aforesaid, by a proceeding in the form of a petition to said court; and the party appealing shall give to the opposite party five days' notice in writing of said appeal, and the filing of such petition in said circuit court shall vest in said court full power to hear and adjudge the same, and if required by either party, the said court shall award a venire for a jury, who shall hear and finally determine said appeal; the said jury shall

in case of ap

Proviso.

assess the value of the lands or water rights taken by said company, and all damages sustained, or that may be sustained by the owner; and if said jury shall find a greater sum than was awarded by the commissioners, judgment shall be given therefor against the company, with costs, and execution may be issued thereon; but if the said jury shall be demanded by the owner, and shall find the same sum, or a less sum, than the commissioners awarded, the costs shall be paid by the owner or owners, and shall be deducted out of the sum so found by the jury, or considered a payment thereon, or an execution may issue therefor by the order of the court; and on payment or tender of payment of the sum so awarded by the commissioners, or found by the said jury, with costs, where costs are adjudged, the said company shall be deemed to be seized in fee simple of all such lands and real estate and water rights appraised as aforesaid; provided, that the said company may take possession of said land and water rights, and use the same for the purposes contemplated by this act, at any time after the appraisement and award of said commissioners, and notwithstanding any appeal therefrom, having first tendered to the owner or owners the amount of said award; or in case of refusal to receive the same, or in case of any disability on the part of the owner, or his absence from the state, having paid the same into the circuit court of said county for the use of such owner or owners.

9. And be it enacted, That this act shall be deemed a public act, and shall go into effect immediately. Approved April 17, 1868.

Term of office.

CHAPTER DXXII.

A Further Supplement to "An Act to incorporate Jersey City," approved March eighteenth, eighteen hundred and fifty-one.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the mayor and school superintendent shall hold their offices for two years, and that this

act shall extend to and include the mayor and school superintendent elected at the charter election in Jersey City on the fourteenth day of April, eighteen hundred and sixty-eight.

2. And be it enacted, That all acts and parts of acts incon- Repealer. sistent herewith be, and the same are hereby repealed, and this act shall take effect immediately. Approved April 17, 1868.

CHAPTER DXXIII.

A Supplement to an act entitled "An Act relative to taxes in certain counties of this state," approved April eighth, eighteen hundred and sixty-eight.

sonal estate to

where found.

1. BE IT ENACTED by the Senate and General Assembly of Real and perthe State of New Jersey, That the word "inhabitant," in said be assessed act, shall be construed to include bodies corporate and politic; and the word "chattels" shall be held to include all personal estate taxable by law, except mortgages, as is in the said act mentioned, and all real and personal estate shall be assessed at its full and fair value in the townships and wards where found without any deductions for mortgages thereupon.

2. And be it enacted, That this act shall take effect immediately.

Approved April 17, 1868.

CHAPTER DXXIV.

An Act to confirm the Acknowledgments and Proofs of Deeds and other instruments of writing, taken by William H. Meeker.

WHEREAS, It appears to the legislature that William H. Preamble. Mceker was duly appointed according to law in March,