Proviso. Proviso. Increase of capital stock. ditions, as may be agreed upon between the said companies respectively; provided however, that any such lease shall be assented to in writing by three-fourths in interest of the stockholders of each of the two companies respectively between whom the same may be made; and provided further, that any stockholder not thus giving his or her assent, and being dissatisfied with such lease, shall, on giving notice as aforesaid, within six months after the execution of such lease, receive the fair value of his or her stock from the company in which he or she is such stockholder, the value to be ascertained in the manner prescribed in the first section of this act. 4. And be it enacted, That the said West Jersey Railroad Company may, at any time after the consolidation provided for in the first section of this act shall have taken effect, increase its capital stock to any amount not exceeding two million of dollars. Approved March 18, 1868. Preamble. CHAPTER CXCVI. An Act for the relief of Anette Bierwirth. WHEREAS, one Augustus Seibt, of Egg Harbor City, in Atlantic county, was on the -day of June, in the year eighteen hundred and sixty-six, arrested in said county upon a charge of assault and battery with intent to kill; and whereas, Anette Bierwirth entered into recognizance to the state of New Jersey, in the sum of one thousand dollars, for the appearance of the said Augustus Seibt at the December term of the court in and for said county; and whereas, the said Augustus Seibt afterwards, to wit: after said arrest and before the next sitting of the court, absconded from said county, and could not then, and cannot now, be found, and in consequence thereof the recognizances of the said Augustus Seibt have been forfeited; and whereas, the said Anette Bierwirth is a widow (her husband having been killed in battle in the late war against rebellion,) and is in moderate circumstances, and the payment of said forfeiture would wholly ruin her; therefore, payment of cognizance. 1. BE IT ENACTED by the Senate and General Assembly of Relieved from the State of New Jersey, That the said Anette Bierwirth be, forfeited reand that she is hereby released from the payment of said one thousand dollars so forfeited and from all liability on said recognizance. 2. And be it enacted, That this act shall take effect immediately. Approved March 18, 1868. CHAPTER CXCVII. An Act to incorporate the Manchester and Camden Railway 1. Be it enacted by the Senate and General Assembly of Corporators. the State of New Jersey, That General John S. Schultze, Samuel S. Osborn, George W. Cowperthwait, Ralph B. Gowdy, N. C. Whiting and Thomas Hooper, of Ocean county; Edward Carpenter, James A. Fenwick and Eayre Oliphant, of Burlington county; and Benjamin D. Shreve, of Camden county, and such other persons as may hereafter be associated with them, shall be and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in law, by the name of " The Manchester and Camden Rail- Name. way Company," and by that name they and their successors and assigns shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and shall have power to make and use a common seal, and the same at pleasure to alter, and they and their successors by that name and style shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels whatsoever necessary or expedient to the objects of this incorporation. 2. And be it enacted, That the capital stock of said com- Capital stock. pany shall consist of two hundred and fifty thousand dollars, Commission. to open scription. rectors. with liberty to increase the same to five hundred thousand dollars, and shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and shall be transferable in such manner as the by-laws of the said corporation shall direct. 3. And be it enacted, That the above named persons, or a books of sub majority of them, shall be commissioners to open books to receive subscriptions to the capital stock of said corporation, at such time or times and at such place or places as they or a majority of them may think proper, by giving ten days' previous notice in two newspapers published in Ocean and Burlington counties, and at the time of subscribing for said stock ten per centum on each share subscribed shall be paid to said commissioners; that whenever there shall be one thousand five hundred shares of said stock subscribed, the said commissioners shall give like notice as above for a meeting of the Election of di- stockholders to choose nine directors, a majority of whom shall be residents of this state; and such election shall be made at the time and place appointed by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of capital stock entitling the holder thereof to one vote; and the said commissioners, or a majority of them, shall be inspectors of the first election of directors of the said incorporation, and shall certify under their hands the names of those persons duly elected, and deliver over the subscription books and the money paid in to said directors; and the time and place of holding the first meeting of directors shall be fixed by the persons who act as inspectors aforesaid; and the directors chosen at such meeting, or at the annual election of said corporation, shall, as soon as may be after every election, choose out of their own number a president, who shall be a resident of this state; and in case of the death, resignation or removal of the presi dent or any director, such vacancy or vacancies may be filled for the remainder of the year wherein they may happen by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the by-laws of the said corporation will provide. Annual elections. 4. And be it enacted, That annual elections for directors shall be held at such times and places as the board of directors shall hereafter direct, of which election notice shall be call in catal officers, &c. given at least two weeks in a county newspaper published in Ocean and Burlington counties; and in case it should happen that an election of directors should not be made during the day when, pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed to be dissolved; but the said election shall be held as soon thereafter as possible, and public notice shall be given as hereinbefore directed, and the directors for the time being shall continue to hold their office until others shall have been chosen in their places. 5. And be it enacted, That a majority of said directors Directors may shall be competent to transact all business of the said corpo- stock, appoint ration, and they shall have power to call in the capital stock of said company, by such installments, not to exceed ten dollars on each share at any one time, and at such times as they may direct; provided, that such installments shall not be Proviso. called for, at a shorter period than thirty days from each other; and in case of the non-payment of said installments, or any part of them, to forfeit the share or shares upon which such default shall arise, to and for the use of said corporation; and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and regulation of the stock, property, estate and effects of the said corporation, and also shall have power to appoint such officers, engineers, superintendents, clerks and servants as to them shall seem meet, and to establish and fix such salaries to them, and also to the president, as to the said board shall appear proper. and construct 6. And be it enacted, That the president and directors of May lay out the said company be, and they are hereby authorized and arroad. invested with all the rights and powers necessary and expedient to survey and lay out and construct a railroad from some suitable point at or near the village of Manchester in Ocean county, to some suitable point at or near the village of Pemberton or Vincentown, in Burlington county, passing through or near Hanover, Brown's Mills and New Lisbon, with the privilege of connecting at either terminus with any railroad or railroads now or hereafter to be built, and of constructing a branch railroad to any marl beds or deposits in the townships of Pemberton or Southampton, in Burlington county, the said railroad not to exceed one hundred feet in width, except in such places where, from the depth of the excavation or the height of the embankment, it is necessary to take more land for the slope and protection of the side banks of May enter on lands, &c. Proviso. Proceedings when the company and owners of pro agree. said railroad, in which case so much land as will be necessary for the purpose, and no more, shall be taken, with as many sets of tracks and rails as they may deem necessary. 7. And be it enacted, That it shall be lawful for the said company, their officers, agents, engineers, superintendents, and others in their employ, to enter at all times upon lands, bridges and waters, for the purpose of exploring, leveling, surveying and laying out the route of such railroad and branches, and of locating and subsequently altering the location thereof, doing no unnecessary damage to private property; and when any part of the route and location of such road or its branches, or the alteration of location shall have been determined upon, and a survey thereof desposited in the office of the secretary of state, then it shall be lawful for the said company its officers, engineers, agents, superintendents, contractors, workmen, and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate any such lands, and to erect embankments, bridges, and all other works necessary, to lay rails and to do all other things which shall be suitable, or necessary for the completion or repair of the said road, subject to such compensation as is hereinafter provided; provided, always, that the payment, or tender of payment of all damages for the occupancy of lands through which the said railroad may be laid out, be made before the said company, or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said road, unless the consent of the owner or owners of such land be first had and obtained. 8. And be it enacted, That when the said company or its agents cannot agree with the owner or owners of such reperty cannot quired lands or materials for the use or purchase thereof, or when by reason of the legal incapacity or absence of such owner or owners no such agreement can be made, a particular description of the land or materials so required for the use of the said company in the construction of the said road shall be given in writing, under the oath or affirmation of some engineer or proper agent of the company, and also the name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this |