CHAPTER VIII. AN ACT to incorporate "The White Horse Turnpike Company." poration. ers to receive 1. Be it enacted by the Senate and General Assembly of Style of incorthe State of New Jersey, That all such persons as shall become subscribers to the capital stock hereinafter mentioned, their successors and assigns, shall be and are hereby ordained and constituted and made a body politic and corporate, in fact and in law, by the name of "The White Horse Turnpike Company," and that the following named persons, viz: John W. Mickle, CommissionJohn Gill, Samuel Nicholson, Joseph B. Tatem, Isaac Z. Col- subscriptions. lings, Samuel S. Willets and Joseph B. Cooper, or a majority of them, are hereby appointed commissioners to open the subscription books, and receive subscriptions to the capital stock, at such times and places as they or a majority of them may direct, giving notice thereof at least twenty (20) days prior to the opening of said books by publishing the same in at least two (2) of the Camden newspapers. capital stock. 2. And be it enacted, That the capital stock of the said Amount of company shall be ten thousand dollars, ($10,000) with power to increase the same to twenty thousand dollars, ($20,000) and shall be divided into shares of fifty dollars ($50) each; that at the time of subscribing to said stock, two dollars and fifty cents ($2.50) shall be paid upon each share subscribed for, to the said commissioners or any of them, which money shall be paid over to the treasurer of the said company, so soon as one Instalments. shall be appointed; that the residue of said stock shall be paid. to the treasurer in such instalments, and at such times and places, as the board of directors of said company shall from time to time direct; that upon failure of the payment thereof as so directed, the said board shall have power to forfeit the shares of each and every person, so failing to pay said instalments or any of them, to and for the use of said company. rectors, 3. And be it enacted, That the affairs of said company shall Election of dibe managed by a board of seven directors, a majority of whom shall be a quorum for the transaction of business, but any less number may adjourn from time to time; that when one hundred (100) shares of said stock shall be subscribed for, the said commissioners, or a majority of them, shall call a meeting of the said stockholders, giving at least t.n days' (10) notice of the time and place of said meeting in the newspapers aforesaid, at which meeting the subscription books shall be laid before the stockholders, who shall thereupon proceed to elect by ballot, seven directors, for the term of one year, a majority of whom shall be citizens of this state, of which election the said commissioners, or a majority of them, shall be the judges; and that at the expiration of said term, and annually thereafter, upon like notice being given by the existing board of directors, the stockholders shall elect by ballot seven directors, a majority of whom shall be citizens of this state, and the judge of such election shall be appointed by the president, 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 Corporation stock, by the holder thereof in person or by proxy; and in case for failure to it shall happen that any election of directors should not be made on the day when pursuant to this act it ought to be made, said corporation shall not, for that cause, be deemed to be dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their office until others shall have been chosen in their place. not dissolved elect on day prescribed. Election of president. 4. And be it enacted, That so soon as conveniently may be after the first and subsequent annual election of directors, they shall elect from their number a president of said company for the term of one year and until another shall be elected, who shall receive such compensation for his services as the board. of directors may direct; he shall keep the seal of the company and preside at all meetings of said board, and in case of his absence, the said board shall appoint one of their number, who for the time being shall possess the same power and authority Special meet and perform the like duties; and the board of directors may fill any vacancy that may occur therein until the next annual election, and may exact from the president, treasurer, and other officers and agents of said company, such security for the due performance of their respective trusts as they may ings. deem expedient, and special meetings of the said stockholders may be called by the said board, or by the stockholders owning one-fourth (1) of the whole stock of the company, by giving ten days' notice of the time and place of holding the same, and the object for which such meeting is called. ment to be 5. And be it enacted, That at the annual meeting of the Annual statestockholders, the board of directors for the preceding year made. shall exhibit to them a full and complete statement of the affairs of the company during their said term. thorized to 6. And be it enacted, That it shall and may be lawful for Company ausaid company to construct and make a turnpike road along construct road what is known as the White Horse Road, from its junction with the Haddonfield and Camden turnpike, to where it is crossed by the road leading from Haddonfield to Clement's bridge; and the said company may, by their officers, agents, or other persons in their employ, enter from time to time, and at all times, upon all lands to search for stone, gravel, sand or clay, for constructing and keeping up said road, doing no unnecessary damage to said lands, provided the said company, as soon as they shall construct the said turnpike road, shall pay to the respective owners of the lands over which they may pass, all damages which the said owners shall sustain, by reason of the construction of said turnpike road, and in case the said owners and said company cannot agree upon the amount of said damages, then the damages shall be ascertained and determined, as nearly as may be in the manner hereinafter provided for ascertaining and determining the damage which any land owner or owners may sustain, by taking off stone, gravel, sand, or other materials, from his or her lands, for the constructing or maintaining of said turnpike road. road. 7. And be it enacted, That the said turnpike road shall be con- Description of structed at least thirty-two (32) feet in breadth along the middle, as near as may be, of the said White Horse Road, and shall be sufficiently arched and drained to make and keep the same dry, and at least eighteen (18) feet thereof shall be sufficiently bedded and faced with stone, plank, or gravel, to make a good and firm road, and it shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the Proceedings in case company ers cannot agree. plane of the horizon, and said company shall make good and sufficient bridges along said road, not less than twenty (20) feet in breadth; and whenever said road, in passing over low ground, shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected on the sides, so as to prevent horses and carriages from running off. 8. And be it enacted, That it shall be lawful for the said and land own- company, their agents, superintendents, engineers, and all persons employed by them, with carts, wagons, and other carriages, and with beasts of burden and draught, with all necessary materials, tools, and implements, to enter upon all lands contiguous or near to the said road, doing as little damage thereunto as possible, repairing any breach they may make in the enclosures thereof, and to make all ditches and underdrains across and through such lands as are necessary for the proper draining of said road, and to take and carry away stone, gravel, clay or sand, or other materials therefrom suitable for making or repairing said road; and if the said company or their agents, and the owner or owners of such required land or material, cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, or a judge of the court of common pleas of the county of Camden, upon application by either party, and after six days' notice in writing to the opposite party of such application, and after hearing the parties, to appoint three (3) disinterested, impartial, judicious freeholders, residents of this state, commissioners to assess the price or value of such materials as may be required by said company, and all damages to be sustained by reason of their removal, who shall, before they enter on the duties of their appointment, be duly qualified, according to law, faithfully and impartially to execute the duties thereof, and after six days' notice in writing to both parties of the time and place, shall meet, view the premises, hear the parties and evidence if desired, and thereupon make such decision or award as to them may appear just and equitable, and transmit such award and decision in writing under their hands and seals, or the hands and seals of a majority of them, to the clerk of the said county of Camden, to be by him filed as a public record, and certified copies taken if desired by either party; and upon payment or tender of the sum so awarded by the commissioners, the said company or their agents may enter upon and remove all such materials as have been appraised as aforesaid, and when by reason of any legal incapacity or the absence of the owner or owners of such land or materials, no agreement can be made with said company, then it shall be the duty of said company to pay the amount of any award made in behalf of any such persons, by commissioners appointed as aforesaid, into the court of chancery, to the clerk thereof, subject to the orders of said court, for the use of said owner or owners. 9. And be it enacted, That as soon as the said company Rates of toll. shall have constructed said road according to the directions of this act, and the true intent and meaning thereof, it shall and may be lawful for the said company to erect gates or turnpike across the same, and to demand and receive toll for traveling each mile and all fractions of a mile of the said road, not exceeding the following rates, to wit: For every carriage, sleigh, or sled, drawn by one beast, For every additional beast, For every horse and rider, or led horse or mule, For every dozen calves, sheep, or hogs, one cent. one cent. five mills. five mills. two cents. And it shall and may be lawful for the tollgatherers to stop all persons riding, leading, or driving any horses, cattle, mules, sheep, calves or hogs, or carriages of burden or pleasure, from passing through the said gates or turnpikes, until they shall have paid the toll asabove specified; provided, that nothing in Proviso. this act shall be construed so as to entitle the 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 from any part of his farm to any other part of the same on the common business thereof. 10. And be it enacted, That before the said company shall Mile stones to receive toll for traveling said road, they shall cause mile stones be erected. |