General pow.

ers.

by water, steam and such other power as they may employ, may carry on manufacturing and milling operations.

10. And be it enacted, That the said corporation shall possess the general powers and be subject to the restrictions and liabilities contained in the act entitled "An Act concerning corporations," approved February fourteenth, eighteen hundred and forty-six, so far as the same are applicable. 10. And be it enacted, That this act shall take effect immediately.

Approved March 8, 1872.

CHAPTER CLXXX.

An Act to incorporate the Bridgeton Water Company, in the county of Cumberland.

1. BE IT ENACTED by the Senate and General Assembly Corporators of the State of New Jersey, That David McBride, Jacob

Name and powers.

Amount of

Kienzle, Eden M. Hood, James H. Trenchard, J. Warren Roork, Charles C. Grosscup and Charles R. Elmer, and such other persons as may be hereafter associated with them, their successors and assigns, shall be, and they are hereby ordained, constituted and declared to be a body politic and corporate, in fact and in law, by the name of "The Bridgeton Water Company," and shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels necessary or proper for the object of the corporation hereby created.

2. And be it enacted, That the amount of the capital stock capital stock of said company shall be fifty thousand dollars, with the privilege to double the same, divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation, by their by-laws, shall direct.

Commission

ers to open

3. And be it enacted, That the above named persons, or a books and re- majority of them, shall be commissioners to open books to receive subscriptions to the capital stock of said corporation, at

ceive sub

scriptions.

such time or times, and place or places, as they, or a majority of them, may think proper, giving at least ten days' notice of the same, in a newspaper published in the county of Cumberland; and that at the time of subscribing twenty per centum shall be paid for each share subscribed for to the commissioners, and as soon as twenty thousand dollars of the capital stock shall be subscribed, and twenty per centum paid in, such commissioners, or a majority of them, shall give like notice for a meeting of the stockholders, to choose five 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, each share of the capital stock entitling the holder thereof to one vote; and the said above named persons, or any two of them, shall be inspectors of the first election of directors, and sha!! certify, under their hands, the names of the persons duly elected, and deliver over the subscription books and moneys paid in, deducting all necessary expenses previously incurred, to the said directors; and the time and place of holding the first meeting of the said directors shall be fixed by the persons named in the first section of this act; and the directors chosen shall hold office until the first Monday in May following their election, and until their successors are chosen; and there shall be an annual election of directors by Election of dithe stockholders on the first Monday in May in every year, at such time and place as the directors, for the time being, shall appoint, whereof like notice shall be given as aforesaid; and said directors shall choose out of their number a president, who shall be a resident of this state; and in case of the death, resignation or removal of the president, or any director, such vacancy or vacancies may be filled for the remainder of the year in which they may happen by the remaining directors, or a majority of them.

rectors.

elect not to

4. And be it enacted, That in case it shall happen that an Failure to election shall not be made during the day when, pursuant to dissolve. this act, it ought to be made, said corporation shall not, for that cause, be deemed to be dissolved, but an election may be held at any other time, on like notice as aforesaid; and the directors, for the time being, shall continue to hold their offices until others shall be chosen in their places.

installments

5. And be it enacted, That a majority of the board of di- Failure to pay rectors shall be competent to transact all the business of said to forfeit corporation, and shall have power to call in the capital stock"

shares.

laws.

of said company, by such installments, and at such times as they may direct; and in case of non payment of such installments, or any one of them, to forfeit the share or shares, upon which such default shall arise; and to make and preMay make by-scribe 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 said. corporation; and also shall have power to appoint such officers, clerks and servants as to them shall seem meet; and to establish and fix such salaries to said officers, clerks and servants, as to the said board shall appear proper; and shall have power to take from said officers, clerks and servants, such security for the faithful performance of their respective duties as they may think proper.

Officers and salaries.

Power to lay out sites for

lands.

6. And be it enacted, That the president and directors of reservoirs, &c. the said company be and they are hereby authorized and invested with all the rights and powers necessary and expedient, to survey and lay out the site for one or more reservoirs, drains, ditches, conduits, acqueducts, pipes, fountains, engines, force pumps and all other devices and work which they may deem necessary for supplying the city of Bridgeton, with water sufficient for extinguishing fires, culinary and other family uses, watering the streets, and such other purposes as may conduce to the health and comfort of the citizens; and it shall be lawful for the said president and May enter on directors, or others in their employ to enter at all times, upon all lands or waters in the city of Bridgeton, and township of Deerfield, Cumberland county, and survey, search and excavate for water, and locate all and singular the reservoirs, drains, ditches, acqueducts, pipes, fountains, engines, force pumps and buildings, and all other necessary work and appendages thereto, doing no unnecessary damage to private or other property; and when said location shall have been determined upon, the president and directors shall cause a map to be made of all lands, except streets now in use, which they require for the purpose aforesaid, and file the same in the office of the clerk of Cumberland county; and then it shall be lawful for the said company, by its officers, agents, engineers, superintendents, contractors, workmen and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy, excavate, erect reservoirs, engines, enginehouses, force pumps, and do all other things which shall be suitable or necessary for completing the works hereby contem

Maps to be made.

plated, and keeping them in repair, subject to such compensation as is hereinafter provided for.

in case com

owners can

7. And be it enacted, That if the said company or its Proceedings agents cannot agree with the owner or owners of such re- pany and quired lands for the use or purchase thereof, or if by reason not agree. of the legal incapacity or absence of such owner or owners no such agreement can be made, the said company shall give notice to the persons interested, if known and in the state, or if such owner or owners be unknown or out of the state, by publication in one or more newspapers printed and published in the county of Cumberland, that they intend to make application to one of the judges of the court of common pleas in said county, on a day and at a place to be named in said notiee, and not less than twenty days from the service or publication thereof, for the appointment of three commissioners; and on said day, and at the place named in said notice, the said judge shall make said appointment under his hand and seal; and it shall be the duty of said commissioners, having first taken an oath or affirmation before some person authorized to administer the same, faithfully and impartially to examine the matter in question, and make a true report, according to the best of their skill and understanding; to meet at such time and place as they shall designate, giving at least fifteen days notice of their said meeting, as herein before directed; and on the day so appointed, to proceed to view and examine the said lands, and make a just and equitable estimate of the value of the same, and assess the damages which will accrue from erecting said works; and the said commissioners shall report in writing to the parties interested, the whole amount which the company must pay each owner, stating in said reports the metes and bounds of the lands assessed, which said report the said company shall have filed in the office of the clerk of Cumberland county, to remain on record therein, and 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 land so described; and it shall be the duty of said company to pay the owner or owners the amount assessed as aforesaid; or in case the owner or owners refuse to receive the same, or live out of the state, or are incapacitated by law to receive the same, then said sum shall be paid and delivered to the clerk of said county, to be by him retained for such owner;

in case of appeal.

and upon making payment in either of the ways above stated, the title of the premises mentioned in the said award, and so paid for, shall be vested in said company. Proceedings 8. And be it enacted, That if said owners, or any of them, are dissatisfied with the report of the commissioners in the preceding section, the said party so dissatisfied may appeal to the circuit court of said county at its next term, whereupon the said court shall proceed to hear and determine the whole matter, in the same manner as if said owner had summoned the said company to appear before them; and if the jury, upon trial of the cause, shall find a greater sum than the commissioners have awarded or the company offered in favor of said owner or owners, then judgment thereon, with costs, shall be entered against the company, which shall constitute a lien upon the premises in question, which said lien shall have priority over any other incumbrance which said company may have given; but if the said jury shall find the same or less amount than the company shall have offered or the said commissioners awarded, then the person appealing shall pay the costs in such manner as the court shall direct.

Penalty for injuring works.

Proviso.

Power to lay pipes in

streets and

erect hydrants

9. And be it enacted, That if any person shall knowingly, willingly or maliciously corrupt the water in any reservoir, tank, pipes, or other portion cf said company's works, or wilfully injure or destroy, or cause to be done, any act or acts whereby to injure or destroy any conduit, pipe, cock, machine, tank, reservoir, works, buildings or structure whatsoever, or anything appertaining to the works of said corporation, or whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be deemed guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding three hundred dollars or imprisonment not exceeding two years at hard labor or both; provided, such criminal prosecution shall not impair the right of action for damages by a civil suit, which is hereby authorized to be brought for such injury as aforesaid, by and in the name of said corporation, in any court having cognizance of the same.

10. And be it enacted, That said company be and they are hereby fully authorized and empowered to lay their pipes. beneath such public roads, streets, avenues, and alleys, as they may deem necessary for the purposes aforesaid, free of all charge, to be made by any person or persons, or body