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Route of rail

road.

may deem expedient for the safety of their property and the necessary uses appertaining to their business.

14. And be it enacted, That it shall and may be lawful for the board of directors of this company to authorize and empower the horse car railroad company to lay and open the track or tracks for their road, with proper and necessary turnouts and switches in, upon and along the public highway from a point in the village of Irvington to Stuyvesant avenue; thence along the said Stuyvesant avenue to Irving Place; thence along the Connecticut Farms road to Connecticut Farms, and the power and authority so to lay and operate said railroad and switches and turn-outs, when given by said board of directors, shall be sufficient to all intents and purposes to authorize and empower said horse car railroad company so to lay out and operate said railroad, switches and turn-outs in, upon and along the road as aforesaid, or by any other route the said company may elect to take. Penalty for in- 15. And be it enacted, That if any person shall wilfully or its appurte maliciously injure the road, or any buildings, cars, vehicles, animals or works of said corporation, such person shall forfeit and pay therefor to the corporation three times the amount of damages sustained by means of such injury, to be recovered in the name of the corporation, with costs of suit, in any court having cognizance of the same.

Juring road or

nances.

Shall file a
Statement of

retary of state

16. And be it enacted, That as soon as the said railroad is cost with sec- finished, the president of the company shall file, under oath. or affirmation, a statement of the amount of the cost of said railroad, including all expenses, in the office of the secretary of state, and annually thereafter he shall, under oath or affirmation, make a statement to the legislature of this state of the proceeds and expenses of said road; and as soon as the company shall declare to their stockholders dividends equal to seven per centum per annum, from and alter the commencement of the building of said road, and so long as the said company pays dividends of seven per centum per annum, the said company shall pay to the treasurer of this state a tax of one-half of one per centum on the cost of the saii road, to be paid annually on the first Monday in January.

State tax.

May borrow money on bond and

mortgage.

17. And be it enacted, That the said corporation shall have power to borrow such sum or sums of money from time to time as shall be necessary to build, construct or repair said road and furnish the said company with all necessary lands, rails, buildings, cars, vehicles and animals for the use and ob

ject of said corporation, and to secure the repayment thereof by bond and mortgage or otherwise on the said railroad, land, franchises and appurtenances of or belonging to the said corporation, at a rate of interest not exceeding seven per centum per annum; provided however, that the said company shall Proviso. not plead the statute of usury in consequence thereof.

ers.

18. And be it enacted, That it shall be lawful for the said General pow corporation, at any time during the continuance of its charter, to make contracts and engagements with any other company or corporation, or with individuals, for operating said railroad, for transporting and conveying any kind of goods, produce, merchandise, freight or passengers, and to enforce the fulfilment of such contracts, and also to demand and receive for the transportation of all passengers and freight by them carried and transported over the road of any other company, the same rates of fare and tolls as said company are entitled to demand and receive by virtue of this act for transportation and passage over their own road.

19. And be it enacted, That if the said railroad is not built Limitation. and in working condition from Irvington to Irving place within two years from the fourth day of July next, and from Irving place to Connecticut Farms within four years from the fourth day of July next, then this act shall become void; but nothing herein contained shall be so construed as vacating the charter, if the said company shall build the said road to Irving place only, within the limitation.

with other

20. And be it enacted, That the said company shall have May connect power to connect with any railroad running from Irvington roads. into the city of Newark now built, or which may be hereafter built, and also any railroad in the said city of Newark now built, or hereafter to be built and established by any company incorporated by the New Jersey legislature, upon such terms and conditions as shall be agreed upon between them, and not inconsistent with their respective charters.

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

Approved March 18, 1868.

Preamble.

Width of Rail

changed.

CHAPTER CLXX.

An Act to change the width of a certain part of Railroad
Avenue in the city of Jersey City.

WHEREAS, the southerly side of Railroad avenue in the city of Jersey City, in the county of Hudson, is laid down on the map of said city as a street forty feet wide; and whereas that part of the southerly side of said avenue, extending from a point one hundred feet westerly, from the westerly side of Gilbert street to the western boundary of said city, at the Mill Creek has been opened to the width of from thirty-three to sixty feet; therefore,

1. BE IT ENACTED by the Senate and General Assembly of road avenue the State of New Jersey, That so much of all that part of the southerly side of Railroad avenue, in the city of Jersey City, extending from a point one hundred feet westerly, from the westerly side of Gilbert street to the westerly boundary of said city at Mill Creek, which is now opened of a greater width than forty feet, be and the same hereby is reduced to the width of forty feet, and that it shall be lawful for all owners of land fronting on that part of said avenue, to take and use all the lands now used as a part of said street or avenue, between the said points which lie south of a line drawn parallel to the southerly line of lands now occupied by the New Jersey Railroad and Transportation Company, and forty feet southerly therefrom, and that all that part of the said street or avenue as now used, lying southerly of such line, be and the same hereby is vacated.

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

Approved March 18, 1868.

CHAPTER CLXXI.

An Act to fix the number of Chosen Freeholders of the county of Union.

Union county.

1. BE IT ENACTED by the Senate and General Assembly of Freeholders in the State of New Jersey, That "The Board of Chosen Freeholders of the county of Union," shall consist of one member from each of the townships in said county, four members from the city of Elizabeth, and two members from the city of Rahway.

2. And be it enacted, That the said members shall be How elected. elected annually, at the election Leld in the said cities and townships for the election of their city and township officers respectively, and in the same manner in the said cities as the mayor in each respectively is elected, and in the said townships in the same manner as other township officers are elected respectively therein, and their term of office shall commence on the second Wednesday in May of each year, and continue for one year therefrom, and until others shall be chosen and legally qualified in their stead.

3. And be it enacted, That the chosen freeholders now representing wards of said cities of Elizabeth and Rahway, shall continue in office until others are elected for the said cities respectively under this act.

4. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with, or repugnant to this act, be and same is hereby repealed.

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

Approved March 18, 1868.

Corporators.

Name.

CHAPTER CLXXII.

An Act to incorporate the Everett Mills of Newark, New
Jersey.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That James G. Barnet, Robert Stoutenburgh, John McGregor, Francis Mackin, Timothy W. Lord, Cyrus W. Pomeroy, James L. Hays, Martial Dimock and Cyrus Curnir, and all such persons as may be hereafter associated with them, their successors and assigns, be and they are hereby created a body corporate and politic, in fact and in law, by the name of "The Everett Mills of Newark, New Jersey," for the purpose of manufacturing cotton, wool, silk and other fibrous materi.ls, and the various kinds of knit or woven goods in their several branches in the city of Newark, and of selling the same, and carrying on the business incident thereto, and by that name they and their successors shall have succession, and continue a body corporate and politic, and shall in law be capable of contracting and being contracted with, suing and being sued, impleading and being impleaded, answering and being answered unto, in all courts of law and of equity, or in any place whatever, and of doing and causing to be done, all acts needful for the proper management of the funds and property of the said corporation, and carrying on the business for which the said corporation is hereby created; to make and use a common seal, and the May purchase, same to alter and renew at pleasure; and they and their suchey real estate cessors, by the same name, may be capable to acquire, purchase, receive, have, hold and enjoy, and again to sell or otherwise to dispose of, such personal and real estate as may be useful or necessary for the said corporation to carry on the manufacturing operations before mentioned, and such other real estate as shall have been bona fide mortgaged or pledged to them by way of security, or conveyed to them in satisfaction of debts or liabilities previously created in their business, or purchased at sales upon judgments which shall have been obtained for such debts or liabilities; provided, always, that the funds of said corporation, or any part thereof, shall not be used in banking operations.

hold and

Proviso.

2. And be it enacted, That the stock, property and con

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