Directors when to meet. Vacancies by whom filled. Proviso. Annual report to be made to ity 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 be a citizen of this state and a resident of the county of Monmouth, who shall hold his office for one year and until another shall be elected, and receive such compensation for his services as a majority of the said directors may direct, and shall be the presiding officer at 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 directors, 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 or authority and perform all duties herein prescribed. 7. And be it enacted, That the said directors, or a majority, may supply any vacancy in the interval between the annual election by death, resignation, removal or refusal to act of any president or director, and may appoint a treasurer who shall be a citizen of this state and a resident of Monmouth county, and all officers, agents, superintendents, or 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 deem 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 management of its affairs; provided, the same are not repugnant to the constitution or laws of this state or of the United States. 8. And be it enacted, That at the annual meeting of the stockholders it shall be the duty of the president and direcstockhold- tors of the preceding year to exhibit to the stockholders a statement of the affairs of the company during said term. ers. whom to be 9. And be it enacted, That special meetings of the stock- Special holders may be called by order of said president or three of meeting by the directors, or by the stockholders owning one-fourth of called. the whole stock of the company, by giving notice of the time and place of holding the same, as herein before directed with regard to the annual meetings, which said notice shall specify the particular object of 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 di rectors. tion not if 10. And be it enacted, That if from any cause any election Corporahereinbefore named shall not be had at the time specified dissolved by this act, the same may be made at any other time upon election notice as aforesaid, and that until such election be had the officers of the 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. certain 11. And be it enacted, That it shall and may be lawful Company for said company to construct and make a turnpike road to build from Ocean Beach, in the county of Monmouth, to Manas- turpike. quan river in said county, beginning at the south end of Shark river bridge and ending on the north shore of Manasquan river at the north end of new Squan bridge, or some point on the shore of said Manasquan river between new Squan bridge and the ocean, which said turnpike road shall be constructed on and along the public highway leading from Ocean Beach to Manasquan river, except in those places where said public highway is not straight, then and in those places said company shall have power to construct said turnpike road where they may deem prop. er, and that the width of said turnpike road may be equal to fifty feet, and to be measured from the centre of the present public road upon which it may be made; provided, that before the said company shall construct the said turnpike road aforesaid, along the highway aforesaid, Proviso. they shall pay the respective owners of the lands over which the said highway selected for constructing the said turnpike upon now passes, all damages which said owners will sustain by reason of the construction of said turnpike road; and in Proviso. Turnpike how constructed. Company empowered to enter lands. case the said company and any of the said owners cannot agree upon the amount of said damages, then the said damages shall be ascertained and determined as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damages which any land owner or owners shall sustain for the taking of stone, gravel and other materials from his or her lands for the constructing and main taining said turnpike road; provided also, that the said company shall have the power to take only the right of way over the lands whereon the road is to be constructed, paying damages which the owner will sustain thereby; and the commissioners hereinafter named, if appointed, shall have power to assess damages for the right of way only. 12. And be it enacted, That said turnpike road shall be constructed at least twenty-four feet in width 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 twelve feet thereof shall be 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 twelve feet in breadth; and where the said road in passing over low ground shall be raised so much at the margin or side, as to render vehicles drawn by horses. and passing thereon liable to overset, the said company shall cause railings to be erected and maintained on the sides, so as to prevent said vehicles and horses from running off. 13. And be it enacted, That it shall be lawful for said company, their officers, superintendents, engineers and workmen, with carts, wagons, and other carriages, and with beasts of burden and draught, and all necessary materials, tools, and implements, to enter upon all lands contiguous or near to the route of said road, doing as little damage as possible, repairing any breach they may make in the enclosure thereof, and to make all ditches and drains across and through such lands, necessary for proper draining such road, and that when said company or its agents cannot agree with the owner or owners of such required land, or materials for the use or purchase thereof, or when by reason of the legal incapacity, or absence of said owner or owners, no such agreement can be made; a particular description of the land or materials be deliver- so required for the use of said company, for the construction of said road, shall be given in writing, under the oath or af What shall ed to court. Commis firmation of some engineer or proper agent of the company, and also of 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 judges of the supreme court of this state, or to one of the judges of the court of common pleas of the county of Monmouth, who shall cause said company to give notice thereof to the persons interested, if known and in this state, or if unknown and out of this state, to make publication thereof, as he shall direct, for any term not less than twenty days, and to assign a particular time and place for the appointment of commissioners, hereinafter named; at which time upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his own hand and seal, three disinterested, impartial and judicious freeholders, commissioners to examine and appraise said lands or materials, and to assess the damages, upon such notice to be given to the persons interested, as shall be directed by the justice or judge making such appointment, to be expressed therein not less than twenty days; and it shall be the duty of said commissioners, having first taken and subscribed an oath or affirmation, before some person duly authorized to administer an oath or affirmation, faithfully to examine the matter in question, and make a true report, to the best of their skill and understanding, to meet at the time and place appointed, and proceed to view and examine the said lands and materials, and to make a just and equitable estimate or appraisement of the value of the same, and assessment of damages to be paid by said company for such lands, and materials and damages, aforesaid, and to make a report thereof, under Commisthe hands and seals of said commissioners, or any two of make rethem, and file the same within ten days thereafter, together port. with the aforesaid description of the lands or materials, and the appointments or oaths or affirmations, aforesaid in the clerk's office of the county of Monmouth, to remain on record therein, and shall be recorded by the clerk, which report, or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy, the said land or materials, after the payment of the value and damages so assessed, and of the right of the said owner or owners to recover the amount of the said valua sioners to be sworn. sioners to Judge to tax costs, &c. may erect tion, with interest and costs, in an action in any court of competent jurisdiction, in a suit to be instituted against the company if they shall neglect or refuse to pay the same within twenty days after demand made of their treasurer, and shall constitute a lien upon their property in a nature of a mortgage, and payment of such assessment shall be made to the owner or owners, or persons entitled to receive the same, or to the clerk of the court of common pleas of the county of Monmouth, whenever the judge appointing the commissioners shall so order; and the said judge shall tax and allow such costs, fees, and expenses, to the said judge, commissioners' clerk, and other persons performing any duties prescribed in this section, as he shall think equitable and right, which shall in all cases be paid by the company. 14. And be it enacted, That as soon as the said company Company shall have constructed said road in a workmanlike manner, toll houses. according to the several directions in the twelfth section, and the true intent and meaning of this act, it shall and may be lawful for the said company to erect toll houses and gates or a turnpike across said road, not exceeding five in number, and to demand and receive toll for traveling each mile and all fractions over a quarter of a mile of the said road not exceeding the following rates, to wit: For every carriage, sleigh or sled drawn by Rates of Loll Proviso. one beast, For every additional beast, For every horse and rider or led horse or mule, two cents; two cents; one cent; one cent; six cents; and it shall and may be lawful for the toll-gatherers to stop persons riding, leading or driving any horses, cattle, mules, sheep or hogs, or carriages of burthen or pleasure from passing through the said gates or turnpikes until they shall have paid the toll as above specified; provided, that nothing in this act shall be construed so as to entitle said company to demand or receive toll of or from any person passing to or from public worship on the Sabbath day, or horses, carriages, sleighs or sleds carrying persons to or from a funeral, or any person passing to or from his common business or his farm, or any militiaman passing to or from any training on a muster day appointed by law, or any military officer or soldier passing or repass |