Title 48, Title 48: PUBLIC UTILITIES

48:5-13. Formation authorized Three or more persons may form a company for the purpose of constructing, maintaining and operating a bridge or bridges over the Delaware river for public use, upon executing and filing a certificate of incorporation as hereinafter provided.

48:5-14. Certificate of incorporation; contents The certificate of incorporation shall set forth: I. The name of the company, which shall not resemble a name already in use by any corporation in this state so as to lead to uncertainty or confusion; II. The location (town or city,…

48:5-15. Signing, recording and filing certificate The certificate of incorporation shall be signed in person by all the incorporators and proved or acknowledged as required for deeds of real estate and recorded in the office of the clerk of the county where the principal office …

48:5-16. Conditions precedent to filing of certificate The certificate of incorporation shall not be filed in the office of the secretary of state until there shall have been annexed thereto and filed therewith an affidavit, made by at least three of the directors in the certific…

48:5-17. Certificate or copy as evidence Any certificate of incorporation filed in the office of the secretary of state in pursuance of section 48:5-15 of this title, or a copy thereof certified by the secretary of state, shall be evidence of the incorporation of the company and …

48:5-18. General powers Every company incorporated, organized or existing under this article shall have power: Construction and maintaining bridges. a. To construct, maintain and operate its bridge or bridges. Surveys; entry on land. b. To locate and determine its route and works…

48:5-19. Tolls Every such company may demand and receive such sums of money for the use of its bridges and for other services connected with its business as it shall from time to time think reasonable and proper not exceeding: Vehicles including driver-- Motor cycle with or witho…

48:5-2. Certificate of incorporation; contents Such persons shall execute a certificate of incorporation setting forth: I. The name of the company; II. The period of time the same is to continue; III. The name of each county through or into which the bridge or bridges are to be c…

48:5-20. Uses of bridge Every bridge constructed under the provisions of this article may be used for the passage of vehicles of all types and kind; for the passage of pedestrians; for all incidental purposes, including conduits, cables, pipes, wires and railways, in so far as su…

48:5-21. Keeping bridge open Every bridge constructed under the provisions of this article shall be kept open to the public at all times after it is completed except when necessarily closed for repairs, or when any draw of such bridge is necessarily open to permit the passage of …

48:5-22. Acquisition of bridge by states; terms of acquisition The state reserves to itself the right, acting in conjunction with any adjoining state or municipality thereof, to acquire any bridge constructed by any such company at the following times and upon the following terms…

48:5-23. Acquisition of bridge by states; two or more bridges If two or more bridges shall have been constructed by any such company at different times, the per cent of the total cost to be paid therefor shall be applied to each bridge as of the date the same shall have been open…

48:5-24. Bridges to become property of states after fifty years If the state, acting jointly with any adjoining state, shall not have purchased a bridge constructed by a company organized under this article at the expiration of fifty years after the opening of the bridge for publ…

48:5-25. Interpretation This article shall be liberally construed and no proceedings thereunder shall be set aside or invalidated by reason of any informality, unless substantial injustice would result therefrom.

48:5-26. Conviction of nuisance; taking toll without paying fine; penalty When a corporation shall be convicted of a nuisance for not repairing and keeping in repair a bridge and shall neglect to pay the fine and costs awarded for the space of three months after execution shall h…

48:5-27. Investigation of toll bridges and fixing of rates L.1913, c. 298, p. 614 (1924 Suppl. s.s. *167-18, *167-19), entitled "A supplement to an act entitled "An act concerning public utilities; to create a board of public utility commissioners and to prescribe its duties and …

48:5-28. Destruction or removal of materials of toll bridges; regulating passage over L.1872, c. 85, p. 16 (Rev.1877, pp. 91, 92, s.s. 35 to 40; C.S. pp. 322, 323, s.s. 65 to 70), entitled "An act for the protection of bridges over the river Delaware," approved February twenty-ei…

48:5-3. Recording and filing certificate The certificate of incorporation shall be recorded in the office of the clerk of the county where the principal office of the company is located, and filed and recorded in the office of the secretary of state. Thereafter the incorporators …

48:5-4. Certificate or copy as evidence Any certificate of incorporation filed in the office of the secretary of state pursuant to section 48:5-3 of this title, or a copy thereof certified by the secretary of state, shall be evidence of the incorporation of the company and of the…

48:5-5. Directors and officers A board of at least five directors of every company organized under this article shall be chosen annually by the stockholders, when, where, and as shall be provided by the by-laws and shall hold office for one year, and until others are chosen and q…

48:5-6. Stock The stock of every company organized under this article shall be subscribed, paid for, held and transferred, and the subscriptions therefor collected in the manner set forth in Title 14, Corporations, General.

48:5-7. General powers Every company organized under this article shall have power: I. To lay out a bridge or bridges with the proper approaches and to construct the same, and for the purposes of cuttings and embankments to take as much more land as may be necessary for the prope…

48:5-8. Tolls Every company organized under this article may take such rate of toll as may be fixed by it from time to time, for persons, vehicles or animals, or for things not herein enumerated, entering on, passing over or using such bridges and the approaches thereto. Any toll…

48:5-8.1. Charter inoperative or void for nonpayment of taxes; reinstatement If the charter of any company organized under this article shall hereafter become or shall have heretofore become inoperative or void by proclamation of the governor or by operation of law, for nonpaymen…

48:5-9. Joint agreement of bridge companies for constructing and operating bridge Whenever two or more bridge companies are authorized by any lawful authority to build and maintain bridges over or across navigable waters separating this state from another state and the lines of t…