2013.001

Purchase

Purchase

Museum Collections.

1859 - 1859

Date(s) Created: 1859 Date(s): 1859

Good

Notes: Archives 2013.001.0060 [1] AN ACT TO INCORPORATE THE HOBOKEN LAND AND IMPROVEMENT CO. SUPPLEMENTS AND OTHER ACTS, HOBOKEN, N. J. HUDSON COUNTY DEMOCRAT PRINT, 35 WASHINGTON STREET. 1859. ==== [2] Blank ==== [3] STATE OF NEW JERSEY. AN ACT TO INCORPORATE THE HOBOKEN LAND AND IMPROVEMENT COMPANY. SECTION 1. Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That John C. Stevens, Robert L. Stevens, James A. Stevens, Edwin A. Stevens, Thos. A. Conover, Joshua R. Sands, and all and every other person or persons hereafter becoming members of the Hoboken Land and Improvement Company, in the manner hereinafter mentioned, their successors and assigns, shall be and they are hereby created and made a body politic and corporate, by the name of the Hoboken Land and Improvement Company, and by that name shall and may have perpetual succession and be capable in law of purchasing, using, holding, letting, improving and disposing of such real and personal property only as may be necessary for the objects of this incorporation, clearly indicated by this act; and may sue and be sued, plead and be impleaded, answer and be answered unto, defend and be de-fended in all costs of law and equity, and may receive and make all deeds, transfers, covenants, conveyances, grants, contracts, agreements and bargains whatsoever, necessary for the said purposes, and may have and use a common seal, which they shall have power to renew or alter at pleasure; and generally may do every other act or thing necessary to carry into effect the provisions of this act, and promote the objects and designs of said Company, as authorised by this act: Provided, that nothing herein contained shall authorise said Company to hold more than one thousand acres of land at any one time. ==== 4 SEC. 2. And be it enacted, That the said John C. Stevens, Robert L. Stevens, James A. Stevens, Edwin A. Stevens, Thos. A. Conover, and Joshua E. Sands, may receive subscriptions from time to time to the capital stock of the said Company, in shares of one hundred dollars each, to any amount not exceeding twenty thousand shares; and for the purpose of obtaining any subscription, they shall give at least ten days public notice, by advertisement in any one of the newspapers in the county of Bergen or Essex, of the time and place of subscribing; and every person who shall become a holder or entitled to one or more shares of the said stock, shall thereupon become a member of the Hoboken Land and Improvement Company hereby incorporated; and every person, on being divested of all shares of said stock, by transfer or otherwise, shall thereupon cease to be a member of the said Company. SEC. 3. And be it enacted, That when ten thousand shares of said stock shall be subscribed, the members of the said Company shall proceed to elect, after having given ten days' notice in one of the newspapers aforesaid of the time and place of such election, seven directors, who shall continue in office until the first Monday in May then next ensuing; and the members of the said Company shall annually thereafter, on the first Monday in May, elect from the stockholders of said Company, seven directors, to serve for the term of twelve months, and until others shall be chosen; and the election of directors shall be conducted in such manner as by the By-Laws or Regulations, hereafter to be made by the directors, shall be appointed and shall be made by such of the stockholders of said Company as shall attend for that purpose, either in person or by proxy ; and all elections shall be by ballot; each share of stock, on which all instalments due have been paid, shall entitle the holder thereof to one vote, and the seven persons who shall receive the greatest number of votes, shall be the directors, which said directors, during their term of service, shall have the sole management and direction of the stock, property, affiairs[sic - affairs] and concerns of said Company. And if it shall happen, at any election, that two or more persons shall have an equal number of votes, so that no choice shall have been made as to such persons, then the stockholders herein authorised to vote at such election, shall proceed by ballot a second time, and by a plurality of votes determine which of the persons so having an equal number of votes shall be the director or directors, so as to complete the number required; and the ==== 5 said directors so chosen shall elect one of their number to be the President of the said Company, who may preside at the meetings of the directors ; and if any vacancy shall be occasioned in the board of directors, by death, resignation or otherwise, the same shall be filled for the remainder of the term in which it may happen by such person or persons among the stockholders as the remainder of the directors may appoint; and in case it shall at any time happen that an election of directors shall not be made on the day when, pursuant to this act, it ought to have been made, the said Corporation shall not, for that reason or for any non-user, be deemed dissolved ; but it shall and may be lawful on any other day to hold an election of directors, as the By-Laws shall provide, or the directors last elected, or a majority of them, shall authorise. SEC. 4. And be it enacted, That the said Company be, and they are hereby empowered, to improve all such lands as they are hereby authorised to own or purchase, by laying out that portion of the same which lies north of Fourth Street, in the village of Hoboken, into lots, streets, squares, lanes, alleys and other divisions; of leveling, raising and grading the same, or making thereon all such wharves, workshops, factories, warehouses, stores, dwellings, and such other buildings and improvements as may be found or deemed necessary, ornamental or convenient, and constructing on the lands of the said Company aqueducts or reservoir, for conveying, collecting and providing pure and wholesome water; and letting, renting, leasing, mortgaging, selling or changing the same, or using any lot or other portion of any of the said lands for depots, and for agricultural, mining or manufacturing purposes; and they shall have power to purchase, fill up, occupy, possess and enjoy all land covered with water fronting and adjoining the lands that may be owned by them; and they may construct thereon wharves, harbors, piers and slips, and all other structures requisite or proper for commercial and shipping purposes; and when they shall have purchased the ferry right from the owners thereof, they may enjoy the same, and purchase and build steamboats: Provided, It shall not be lawful for the said Company to fill up any such land covered with water, nor to construct any dock, pier or wharf, immediately in front of the lands of any other person or persons owning down to the water, without the consent of such person or persons so owning first had in writing and obtained. SEC. 5. And be it enacted, That a majority of the directors shall ==== 6 form a board for the transaction of business, and stall have full power to make By-Laws, Ordinances and Regulations, and to appoint all officers and agents, as they may think proper, and fix their compensation; to declare the forfeiture of stock, in case of non-payment of instalments; to declare and provide for the payment of dividends to the stockholders, and in general to transact, plan and superintend the business and concerns of the Company: Provided, Such By-Laws, Ordinances and Regulations are not repugnant to the Constitution or Laws of the "United States, or of this State. SEC. 6. And be it enacted, That the capital stock of said Company shall be deemed personal property, and transferable only on the books of the Company, in such manner as the By-Laws shall direct; and any of the owners of the lands hereby authorised to be purchased by the said Company, may take stock to the amount of the whole or any part of his, her or their interest therein. And nothing herein contained shall be construed to restrict the Legislature from imposing any tax upon the property of the Company. SEC. 7. And be it enacted, That the said Company shall be at liberty to subscribe for and take stock in any canal, railroad, turnpike, or other highways, that now is or hereafter may be incorporated or established by the Legislature of this State, which shall lead to or pass through any lands that may be owned by the said Company. SEC. 8. And be it enacted, That nothing herein contained shall be taken or construed, so as to authorise the said Company to establish a banking institution, or to issue at any time any note in the style or nature of a bank note, or to use any part of its capital for banking, trust or any other purpose not plainly indicated by this act. SEC. 9. And, be it enacted, That all the corporate powers, rights and privileges hereby granted, shall cease and determine at the expiration of ninety-nine years from the date of this act, and that the Legislature of this State may at any time hereafter alter, amend, modify or repeal this act, as the public good may require. Passed February 21, A. D. 1838. ==== 7 A SUPPLEMENT TO THE ACT ENTITLED AN ACT TO INCORPORATE THE HOBOKEN LAND AND IMPROVEMENT COMPANY. [Passed February twenty-first, eighteen hundred and thirty-eight] SECTION 1. Be it enacted by the Council and General Assembly of tliis State, and it is liereby enacted by the authority of the same, That whenever, at a meeting of the stockholders of the Hoboken Land and Improvement Company, convened at their office, at Hoboken, for that purpose, upon ten days' notice by advertising in one of the newspapers published in the county of Hudson or Essex, of the time and place, it shall and may be lawful for the stockholders holding seven-eighths of all the stock of said Company, by a resolution to be adopted at such meeting, to alter and reduce the par value of the shares of the capital stock of said Company from one hundred dollars to thirty dollars each share. Passed February 22, 1843. ------ A SUPPLEMENT TO THE ACT ENTITLED AN ACT TO INCORPORATE THE HOBOKEN LAND AND IMPROVEMENT COMPANY. [Passed February twenty-first eighteen hundred and thirty-eight.] SECTION 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the said Company be, and they are hereby authorised to survey, lay out and construct a railroad, from some point at or near the Hoboken Ferry, in the county of Hudson, to a point at or near the old Weehawken Ferry, in the same county, and to place and run engines and cars thereon, and to demand and take fare for carrying passengers and merchandise, not to exceed twelve and a half cents for each passenger, and fifty cents per ton for the transportation thereon of every species of heavy merchandise, produce, property and freight, the loading and unloading thereof inclusive; and for the transportation of dry goods and packages, the Company may charge such reasonable rates as the board of directors of said Company shall fix for the same. Said road not to exceed sixty feet in width, and where the same shall cross any public highway, the crossing shall be made and maintained in good repair ==== 8 by said Company, so as not to impede the travel, or interfere with the public convenience. SEC. 2. And be it enacted, That if said road shall cross the lands of any other person than the said Company, and the said Company cannot agree with the owner or owners thereof for the use or purchase of such portion of the same as shall be required for the use of said road, or if by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, such land so required shall and may be taken by said Company for the use of such road, upon taking such proceedings in reference thereto as are prescribed in similar cases, in and by the eighth and ninth sections of the act entitled "An Act to incorporate the Paterson and Hackensack Railroad Company," passed February six, eighteen hundred and fifty. SEC. 3. And be it enacted, That this act shall take effect immediately. Approved March 13th, 1851. ------- A SUPPLEMENT TO THE ACT ENTITLED AN ACT TO INCORPORATE THE HOBOKEN LAND AND IMPROVEMENT COMPANY. [Passed the twenty-first day of February Anno Domini eighteen hundred and thirty-eight.] SECTION. 1 Be it enacted by the Senate and General Assembly of the State of New Jersey, That the Hoboken Land and Improvement Company be and they are hereby authorised to construct works for the supply of the inhabitants of Hoboken with pure and wholesome water, and to make contracts with any persons or corporations for that purpose. SEC. 2. And be it enacted, that said Company may take and hold any lands or other real estate necessary for the construction of any canals, aqueducts, reservoirs, or other works for conveying or conducting water, or for the erection of any building or machinery, or for laying pipes or conduits for carrying such water, and to do any other act convenient or necessary for such purpose, and may distribute such water throughout Hoboken. SEC. 3. And be it enacted, That in case of any disagreement between said Company and the owner of lands which may be required for said purpose, or affected by any operation connected therewith, as to the amount to be paid to such owner, or in case such owner ==== 9 shall be an infant, or married woman, or insane, or absent from this State, the Circuit Court in and for the county of Hudson shall, on the application of either party, nominate and appoint three disinterested persons commissioners to examine such property and estimates the value thereof, or the damage sustained thereby, who shall, upon reasonable notice to the parties of the time and place where they will be heard in relation to the matter, proceed, without delay, and make their report thereon to said Court, at the next term thereof; and in case the owners of such lands are unknown, or cannot be found, or reside out of this State, said Court may direct notice of the application and meeting of commissioners to be given, by advertisement or otherwise, in such manner as they may deem proper. SEC. 4. And be it enacted, That whenever such report shall be confirmed by said Court, said Company shall, within sixty days thereafter, pay to said owner, or to such person as the Court shall direct, the sum mentioned in said report; and in case such owner be an infant, feme-covert, an idiot, or insane, or shall not be known, or shall reside out of the State, or his residence not be known, the Court may direct the same to be paid into Court for his use, which shall be in full compensation for the property so required, or the damages sustained, as the case may be; and upon such payment, said Company shall become seized in fee of said property so required, and shall be discharged from all claim by reason of such damage, but no claim shall be made or al-lowed after the expiration of three years from the time when the land is taken or the damage suffered. SEC. 5. And be it enacted, That said Company may lay their pipes and construct their works under any highway, river, road, railroad, street, alley, lane or court, on condition that they cause the surface of such highway, road, railroad, street, alley, lane, or court to be restored to its original state, and all damages done thereto to be repaired under the direction and to the satisfaction of the officer or authority having charge or supervision of the same. SEC. 6. And be it enacted, That if any person shall, without authority from said Company, maliciously or wilfully divert the water, or any part thereof, from said works, or corrupt or pollute the same, or shall injure or destroy any part of said works, such person, and his aiders and abettors, shall be guilty of a misdemenor, and on conviction, shall be punished by fine, not exceeding one thousand dollars, and imprisonment, not exceeding one year, or both, at the discretion of === 10 the Court; and said Company may likewise sue for the damage caused thereby, and shall recover three times the amount of damages actually sustained, as found by the Court or jury, with costs. Approved March 17,1855. ----- AN ACT TO INCORPORATE THE PATERSON AND HACKENSACK RAILROAD COMPANY. SECTION 8, And be it enacted, That if the said Company, or its agent or agents, cannot agree with the owner or owners of such required lands for the use or purchase thereof, or if, by the reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, a particular description of the land so required for the use of the said Company in the construction of said road shall be given in writing, under the oath or affirmation of some engineer or proper agent of said 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 judges of the inferior Court of Common Pleas of the county in which the lands are situate, who shall cause the said Company to give notice thereof to the persons interested, if known and in this State, or if unknown or out of the 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 the Commissioners hereinafter named ; at which time, upon satisfactory evi-dence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, residents in this State, Commissioners to examine and appraise the said lands and assess the damages, upon such notice, not less than twenty days, to be given to the persons interested, or otherwise, as shall be directed by the Judge making the appointment of Commissioners; 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 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 the time and place appointed, and proceed to view and examine the said lands, and to make a just and equitable appraisement or estimate of the value of the same, and an assessment ==== 11 of damages, which shall be paid by the Company for such land and damages aforesaid; which report shall be made in writing, under the hands and seals of the said Commissioners, or any two of them, and filed within ten days thereafter, together with the aforesaid description of the land and the appointment and oaths and affirmations aforesaid, in the Clerk's office of said county to remain of record therein; which report, or, in case of an appeal, the verdict of the jury and the judgment of the Court thereon, or a copy thereof, certified by the Clerk of said county, the damages found or assessed with the cost adjudged being first paid, as hereinafter mentioned, 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; and either of the Judges of the said Court shall, on application of either party, on reasonable notice to the others, tax and allow such cost, fees and expenses to the Judges of the said Court, Commissioners, Clerks and other persons performing any of the duties prescribed in this section as he shall think equitable and just, and order and direct by whom the same shall be paid. SEC. 9. And be it enacted, That in case the said Company or owner or owners of the said land shall be dissatisfied with the report made by the Commissioners named in the preceding section, the party so aggrieved may appeal to the Circuit Court of the county in which the lands lie, at the first term after the filing of the said report, by proceeding in form of petition to the said Court, which proceeding shall vest in said Circuit Court full right and power to direct a proper issue for the trial of the said controversy between the said parties, and to order a jury to be empanelled and sworn in as in other cases, and a view of the premises to be had, if either of the parties desire it, and the issue to be tried at the next term of said Court to be holden in said county, upon like notice and in the same manner as other issues in the said Court are tried ; and it shall be the duty of the jury to assess the value of the said land and the damages sustained, and if they shall find a greater sum than the said Commissioners have awarded or the Company have offered to the said owner or owners, then judgment thereon, with costs, shall be entered against the said Company and execution awarded thereon; and if the said appeal shall be applied for by the owner or owners, and the jury shall find the same, or a less sum, than the Commissioners awarded or the Company offered, then the said costs shall be paid by the said appli- ==== 12 cant or applicants, and either deducted out of the said sum found by the said jury, or execution awarded therefor, as the said Court shall direct; and the sum awarded by the Commissioners, or in case of an appeal from the award of the Commissioners, then the sum assessed by the jury, and such costs as the Court shall direct, shall be paid by the Company to the owner or owners of the land in controversy, or into the Court of Common Pleas, to the Clerk thereof, in the county in which the said lands are situated; and from the owner or owners of the land not in controversy they shall obtain consent, in writing, before they enter upon or break ground on the premises, except for surveying and laying out said road: Provided, that the party or parties entitled to receive the amount assessed by the Commissioners may, upon tender thereof, receive the same without being thereby debarred from the appeal hereby provided for. Approved February 6, 1850. ----- AN ACT FOR GRADING THE STREETS OF HOBOKEN, IN THE COUNTY OF HUDSON. SECTION 1. Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the Governor of this State for the time being be authorized and empowered to appoint three persons Commissioners, with power to establish and fix the grades of the several streets in that portion of Hoboken, Bergen Township, New Jersey, situated south of Fourth Street, in said village, and east of the east line of a tract of salt meadow conveyed by the late Col. John Stevens, of Hoboken aforesaid, to Samuel Swartwout, in 1814; which Commissioners so appointed shall proceed with all convenient dispatch, after their ap-pointment, to Hoboken, and cause such surveys and examinations to be made as may be necessary to enable them to decide upon the grade best suited to the several streets situated as above described: Provided, that the grade-line of Washington Street, at its intersection with First Street, shall not be placed at a greater depth below the present surface than six feet, and that the decision of the Commissioners, when made and signed and sealed by at least two of their number, shall be filed in the County Clerk's office of the county of ==== 13 Hudson, and the grades thus established to be and for ever remain as the grades of said streets. SEC. 2. And be it enacted, That the Commissioners so to be appointed as aforesaid shall be disinterested, reputable freeholders, residing in this State, and without the county of Hudson, and one at least of their number shall be a practical engineer; and they shall, previous to entering upon the duties assigned them by this act, severally take and subscribe an oath or affirmation before some Justice of the Peace of the county of Hudson that they will act honestly and impartially, which oath or affirmation shall be filed in the office of the County Clerk as aforesaid. SEC. 3. And be it enacted, That said Commissioners, while employed in the discharge of their duties as aforesaid, shall receive each three dollars per day and six cents per mile for travel; which said expenses, as also all the expenses of the surveys and examinations and fixing monuments, shall be defrayed by the property holders embraced within the tract in which the grades of the streets are to be established. SEC. 4. And be it enacted, That said Commissioners shall not be required to enter upon the discharge of the duties of their commission until they shall have received from the property holders above named a satisfactory guarantee that all the necessary expenses of the commission, including surveys, examinations and fixing monuments, will be defrayed. SEC. 5. And be it enacted, That in no part of Washington Street, between First and Fourth Streets, in Hoboken aforesaid, shall the grade-line to be established by this act be placed more than six feet below the present surface. SEC. 6. And be it enacted, That no grade or cutting or removal of earth in any of the streets south of Fourth Street, in Hoboken aforesaid, except only by unanimous consent of the land owners in such street, shall hereafter be made at any time without a previous equitable assessment of benefits and losses from making such grade or grades, and award and payment of damages to the losers thereby as is hereinafter provided; and that when three-fourths of the persons owning real estate upon any street within said limits shall file their consent, in writing, to grade such street, pursuant to the provisions of this act, with any Justice of the Supreme Court of this State, it shall be lawful for the said Justice to appoint, in writing, three Commissioners, who ==== 14 shall be disinterested, reputable freeholders, residing without the county of Hudson and in this State, whose duty it shall be, as soon thereafter as they shall have received notice of such appointment, to view said street so intended to be graded, and to make just and true and equitable assessments of the damages and benefits to happen from making such grade, and of the cost of removal and distribution of any surplus earth in grading the same, which assessments shall be confined to all the lots and other real estate only lying upon such street so to be graded as aforesaid; and in making such assessments, the said Commissioners shall have due regard to the value of the property to be affected by such grade, and to the injury and benefit, or injury or benefit to the owners thereof by making such grade. The Commissioners, previous to entering upon the duties of their office, shall severally be sworn before some Justice of the Peace of Hudson county to make the said assessments and estimates submitted to them fairly and impartially, to the best of their skill and judgment ; and when the said Commissioners shall have made and completed their estimates and assessments, they shall sign and send the same to the said Justice, and the same being approved by him, shall be binding and conclusive upon the owner or owners of any Such lands or other real estate, with the appurtenances, lying on such street so to be graded, subject only to an appeal to the Supreme Court of this State, if demanded within thirty clays after the filing thereof, as hereinafter provided for; which appeal shall be tried by a jury ordered by said Court as in all other cases of assessment of damages and trial by jury; the said Commissioners shall, for their services, receive the same fees, to be paid in the same manner, as is directed in the third and fourth sections of this act. SEC. 7. And be it enacted, That the said consent, appointment, oath, estimate, assessment and approval shall, within twenty days after such approval, be filed in the office of the Clerk of the county of Hudson, and that at any time after the expiration of thirty days from the filing thereof, a certified copy of such assessment and estimate, under the official seal of the said Clerk, may be placed in the hands of a freeholder to be selected by the freeholders upon such street, at a public meeting to be held for that purpose, who is hereby authorized and required to demand and receive, all payments upon such assessments to the use of the freeholders upon such street so to be graded, which may be demanded by him and paid to him, and in case of non-payment, the said freeholder shall, ==== 15 in his own name and to the use of the said freeholders as aforesaid, sue for and recover any and all assessments made under this act, by action of debt in any Court of competent jurisdiction, with costs, against any person or persons so assessed, and apply the same, when collected and received, within thirty days thereafter, to the payment of all damages awarded pro rata by the said appraisements or assessments, and such certified copy as aforesaid, upon the trial of any such cause, shall be received as conclusive evidence of such indebtedness: Provided, however, That such freeholder shall retain in his hands all such moneys as shall have been assessed, levied and collected by him as aforesaid for the purpose of defraying the expense of removal and distribution of any surplus earth in grading such street, and shall use the same, or any part thereof, only upon the order or orders of a majority of the freeholders of such, street, which-may from time to time be made in grading said street pursuant to this act; and the said freeholder shall, if required, before he enter upon the discharge of his duties, give bond with sufficient surety or sureties, to be approved of by the said freeholders, to the said freeholders jointly for the faithful performance of his said duties. 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