New Jersey § 48:13-15

§ 48:13-15.

Any company incorporated prior to June second, one thousand nine hundred and thirty-seven

under an act entitled “An act for the construction, maintenance and operation of water

works for the purpose of supplying cities, towns, townships, villages, boroughs and

other municipalities in this state with water, and otherwise amending said act,” approved

April twenty-first, one thousand eight hundred and seventy-six, as such title was

amended by an act approved June twenty-second, one thousand nine hundred and six,

for the supplying of water to one or more municipalities, and which company was on

said date engaged in supplying water for public and private use in any city, town,

township, village, borough or other municipality in this state, or in more than one

of such municipalities, and which company was also engaged in maintaining and operating

a system of sewerage in any city, town, township, village, borough or other municipality

in this state, or in more than one of such municipalities, may come under and be subject

to the provisions of this chapter, and in addition to the corporate powers, rights,

and privileges possessed by such company under the act under which it was incorporated,

such company may continue its existence and operation to the extent of the maintenance

and operation of a system of sewerage, as fully and to the same extent as if incorporated

under this chapter; provided, that such company shall make and execute a certificate

under the hand of the president and directors thereof stating that it desires to come

under the provisions and liabilities of this chapter, which certificate shall be acknowledged

or proved in manner prescribed for the acknowledgment or proof of conveyance of real

property and shall be accompanied by the consent in writing of at least two-thirds

in interest of all the stockholders of such company having voting powers, which consent

shall be verified by the oath of its president or secretary. Such certificate upon approval by the board of public utility commissioners shall

be filed in the office of the secretary of state. Upon the filing of such certificate as aforesaid, the company making the same shall

be deemed to possess, in addition to the corporate powers under the act under which

it was incorporated, all the rights and powers under this chapter and be duly authorized

thereunder to maintain and operate a system of sewerage for public and private use

in such municipality or municipalities and to exercise all the rights and powers conferred

by this chapter, and may thereafter continue to maintain, operate and extend its works,

mains, pipes and appurtenances for the operation of a system of sewerage in such municipality

or municipalities and to possess all the rights, franchises, privileges and municipal

consents for the maintenance and operation of such sewerage system as provided by

this chapter; provided, that no such company shall be relieved of any duty or liability

imposed upon it or existing at the time of the execution and filing of such certificate,

and provided further that such rights, obligations and duties of such corporation

under the act under which it may have been incorporated shall not in anywise be limited

hereby, but the rights and privileges granted by this chapter shall be in addition

thereto; and provided, nothing herein contained shall hereafter be construed to limit

or interfere with the right of any municipality where such works and appurtenances

are located to regulate the manner of using the streets and public places therein

by any corporation for the purposes of its business; and provided, further, that

such certificate shall be filed as aforesaid before the first day of January, one

thousand nine hundred and thirty-eight.