Penalty for injuring works.

Penalty for taking illegal

tolls.

Proceedings

in case road

are not kept in repair.

to be erected and maintained, and on each stone shall be fairly and legibly marked the distance the said stone is from the city of Camden, and shall cause to be fixed at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of toll, which may be lawfully demanded, and also a board on which shall be printed in large letters, "Keep to the right as the law directs."

11. And be it enacted, That if any person shall wilfully break, throw down, or deface any of the mile stones so erected on said road, or wilfully tear down or deface any of the printed rates of toll or directions, or shall cut, break down or destroy or otherwise injure any gates, turnpikes or bridges, that shall be erected pursuant to this act, or shall forcibly pass the same without having paid the legal toll at such gates or turnpikes, such person shall forfeit and pay the sum of ten dollars, (10) besides being subject to an action for damages for the same, to be recovered by said company by action of debt or other proper action, in any court of competent jurisdiction with costs of suit; and if any person with his or her carriage, team or horses turn out of said road to pass a gate or gates upon private grounds adjacent thereto, and again enter on the said road with intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five times as much as the legal toll would have been for passing through said gates, to be recovered by said company for the use thereof, in an action of debt with costs of suit.

12. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any traveler passing through any of the gates or turnpikes, or shall demand more toll than is by this act established, he shall for every such offence forfeit and pay the sum of twenty dollars with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably hindered and defrauded.

13. And be it enacted, That if the said company shall not and bridges keep the road and bridges in repair, it shall be the duty of any judge of the court of common pleas of the county of Camden, upon complaint being made to him in writing, stating the bridge. or part of the road that is out of repair, and specifying the

particular defect, and after four days' notice in writing to said. company, specifying the particular part of the road or bridge, and the particular defect complained of, and after hearing the parties, if the said company shall not have mended or repaired the bridge or part of the road complained of, to appoint under his hand and seal, three judicious disinterested freeholders of the county of Camden, not residing in any township through which said road passes, who having been duly qualified, according to law, to act impartially in the case, shall proceed to view and examine said part of the turnpike road or bridge so complained of, and report to said judge in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such state as the law requires it to be kept, and if the report be unfavorable to said road, said judge shall immediately in writing, under his hand and seal, order the keeper of the gates or turnpikes, to keep open the same until otherwise ordered, and if the said keeper shall, notwithstanding the order of said judge, to open said gates or turnpikes, exact toll of travelers, he shall for each offence forfeit and pay twenty dollars, to be sued for by any person who shall prosecute for the same in an action of debt with costs of suit, and the said judge shall be allowed for his services one dollar, and the persons appointed one dollar each, to be paid by the company, and upon due proof before said judge, that said company have repaired or mended said road or bridge in the particular complained of, he shall by license under his hand and seal, directed to the toll gatherers, permit the gates or turnpikes to be shut, and the toll to be collected as before, and the said fee shall be allowed and paid as before directed; but if on the view as before mentioned, the report of the persons appointed or a majority of them shall be in favor of the company, the same fees shall be allowed as before prescribed and be paid by the person or persons making the complaint.

be constructed

14. And be it enacted, That this act shall take effect imme- When road to diately, but said company shall not construct their said turnpike along said highway until the same shall be vacated as a public highway according to law.

Approved, January 27, 1854.

Preamble.

Names of corporatora.

Proviso.

Object of incorporation.

CHAPTER IX.

AN ACT to incorporate the Newark Wesleyan Institute.

WHEREAS, an association has been formed in the city of Newark, and has assumed the name of "The Newark Wesleyan Institute," the object of which is to establish, maintain, and conduct an institution of learning for the education of youth of both sexes; and whereas, the objects of the said association will be promoted by an act of incorporation; therefore,

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That John Hartshorne, David Campbell, Daniel P. Kidder, James Jackson, James B. Pinneo, Cornelius Walsh, and William M. Simpson, and their associates, shall be and hereby are constituted a body politic and corporate in fact and in name, by the name of "The Newark Wesleyan Institute," and by that name they and their successors shall have perpetual succession, and may sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places whatsoever, to make a common seal, and the same to change at pleasure, and to purchase, take, have, hold, receive, and enjoy any lands, tenements, or hereditaments, in fee simple or otherwise, or any goods, chattels, legacies, donations, annuities, or other personal property, of what kind or quality soever, by gift, grant, devise, bequest, or otherwise, and the same to grant, convey, assign, sell, or otherwise dispose of, for the purposes of said corporation; and the said Association hereby incorporated shall succeed to, and is hereby vested with all the property, rights, and privileges of the present association of the same name in the city of Newark; provided always, that the property acquired by said corporation shall be used for the purposes for which this corporation is formed.

2. And be it enacted, That the object of this association shall be to establish, maintain, and conduct an institution of

learning for the education of youth of both sexes, to be located

in the city of Newark.

capital stock.

3. And be it enacted, That the capital stock of this corpo- Amount of ration shall not exceed the sum of one hundred thousand dollars, which shall be divided into shares of fifty dollars each, which shall be considered personal property, and transferable on the books of the association; and every person holding one or more shares of stock shall be a member of the corporation, and shall be entitled at all meetings of the stockholders (or any election or question at issue) to cast one vote, in person or by proxy, for every share of stock by him or her owned and standing in his or her name on the books of the

corporation.

tion of trus

4. And be it enacted, That the business of this corporation Annual elecshall be conducted and managed by a board of seven trustees, t all of whom shall be stockholders or " representatives of stock," as provided in the sixth section of this act, and two thirds of whom must be members of the Methodist Episcopal Church. Said trustees shall be elected annually, on the last day of the academic year, at a meeting of the stockholders annually to be held on that day at the institution in Newark, and by a majority of the votes legally cast by the stockholders and representatives of stock. The trustees thus elected shall have power to make by-laws for their own government and that of the institution and its officers, which by-laws shall not be repugnant to this act, or to the laws of this state, or of the United States; to fill vacancies occurring in their own body by means of the death, removal, inability, or refusal to serve of any person elected; and, on the event of any failure or neglect of the stockholders to hold an election on the day annually appointed therefor, said trustees shall continue in office until a new election shall be held, either at a special meeting of the stockholders, to be held on ten days' notice in a newspaper printed in Newark, or at a subsequent annual meeting. The officers of cortrustees shall at their first annual meeting, and annually thereafter, elect from their own body a president, a secretary, and a treasurer, and appoint such other officers and fix compensation for the same as they may from time to time deem necessary.

Corporation may hold real

5. And be it enacted, That as a means of carrying out and estate, &c. accomplishing the object stated in the second section of this act, the trustees of the said, "The Newark Wesleyan Institute" shall, on behalf of the said corporation, have power from time to time to purchase, take, have, hold, and receive real and personal estate of what kind or quality soever, and to sell, have, and dispose of the same; provided, that the annual income of the said property shall not exceed the sum of twenty thousand dollars.

Proviso.

Methodist

Church may

hold stock..

Conference of 6. And be it enacted, That the annual conference of the Episcopal Methodist Episcopal Church, within the bounds of which the Newark Wesleyan Institute is or may be located, shall be and is hereby entitled to receive, by gift or devise, or to acquire by purchase, any number of shares of the capital stock of this corporation; and is also hereby entitled and empowered to appoint annually by ballot one or more "representatives of stock" of "The Newark Wesleyan Institute," who, by virtue of such appointment and of this act, shall be empowered to represent at all meetings of the stockholders (having for that purpose the full rights of stockholders) any and all shares of the capital stock of this corporation which may have been donated or devised to said conference, or purchased by it; provided, always, that said "representatives of stock" shall have no power to sell or alienate from said conference any part of said stock. Said conference shall be entitled to appoint one "representative of stock" for every ten shares or less standing in its name on the books of the institution; and also one such "representative" for any over excess or remainder of shares exceeding ten, or even numbers of ten. "Representatives of stock," appointed by the conference as herein provided, shall be eligible to election as Trustees of the institution.

Proviso.

Property not subject to tax.

Act may be repealed, &c.

7. And be it enacted, That the property and effects of the said corporation, held or used for the purposes contemplated by this act, shall not be subject to the imposition of

any tax. 8. And be it enacted, That it shall be lawful for the legislature, at any time hereafter, to alter, modify or repeal this act. 9. And be it enacted, That this act shall take effect immediately.

Approved January 27, 1854.