recoverable, one-half for the use of the poor of the city, town. or township where such offence shall be committed, and the other half for the use of the sheriff, deputy sheriff, or constable, who may arrest such offender. 3. And be it enacted, That the fact of any person other Mode of prothan the rightful owner thereof, without such written permis-ceeding. sion as aforesaid, using or having in his possession any of the articles aforesaid, for the sale therein of malt liquors, or any other liquid or article, or for any other use or purpose whatsoever, shall be presumptive evidence of the unlawful use, purchase and possession thereof; and any such owner, or the agent of such owner, who shall make oath or affirmation before any justice of the peace, or other magistrate, that he has reason to believe, and does believe, that any of the above named articles belonging to him so branded, stamped or marked as aforesaid, or from which the brands, stamps or marks have been cut off, effaced or obliterated, are being unlawfully detained or used by any person or persons for any purpose whatever, or that any junk dealer, or cask dealer, or dealer in any other article whatsoevor, shall have any of the said above named articles in his possession, or secreted on his premises, or in any other place, then the said justice of the peace, or other magistrate, shall thereupon issue a process in the nature of a search warrant, directed to any constable, to search the premises of the offender or offenders, where the same are alleged to be, and if, upon search, any of the said above named articles so branded, stamped or marked as aforesaid, shall be found, to bring the same, together with the body of the person in whose possession they may be found, before such justice of the peace or other magistrate, then to be punished as the law directs. 4. And be it enacted, That this act shall take effect immediately. Approved March 6, 1863. May hold land CHAPTER CXVI. AN ACT to authorize and enable the Allentown Iron Company to hold lands and real estate in this state. 1. BE IT ENACTED by the Senate and General Assembly of in New Jersey the State of New Jersey, That the Allentown Iron Company, a corporation of the state of Pennsylvania, chartered on the twelfth of April, in the year eighteen hundred and fifty-one, shall be and said company is hereby authorized and empowered to receive and hold, in fee simple or otherwise, lands, tenements, hereditaments and real estate situate in this state, not exceeding one thousand acres, and to lease, sell, mortgage, or otherwise use or dispose of, the interest and estate of said corporation in said lands. 2. And be it enacted, That this act shall take effect immediately. Approved March 6, 1863. Regulation with regard to CHAPTER CXVII. A further supplement to the act entitled "An act to revise and amend the charter of the city of Newark." 1. BE IT ENACTED by the Senate and General Assembly of assessments. the State of New Jersey, That it shall be lawful for the common council of the city of Newark to pay (and deduct and retain the same accordingly) out of the amount of any assessment which, by the one hundred and fourth section of the act to which this is a further supplement, they are directed to cause to be placed in the city treasury, for the use of the person or persons to whom it may be due, the amount of any unpaid assessment for benefits for or in respect of any improvements which under said act may be assessed upon and be payable by such person or persons, if such amount of damages shall be sufficient for such payment; and if the same shall not be sufficient for such payment, then it shall be lawful for said common council to apply such amount of damages toward such payment, and the balance of the amount of such assessment shall be collectable by the same means, methods and proceedings provided by said act for the collection of such assessment for improvement, if such amount of damages shall exceed the amount of such assessment for improvement, the common council shall direct the excess to be placed in the city treasury, for the use of the person or persons to whom it may be due, and the same shall be paid by the city to the person or persons entitled thereto, on demand, without interest, except from such time as the demand thereof may be made and payment refused; provided always, Proviso. that it shall and may be lawful for said common council to apply such excess, or such part thereof as may be necessary for the purpose, to any other or future assessment for improvement under said act, which may become due from the person or persons entitled to such excess, before the making of such demand. 2. And be it enacted, That this act shall take effect immediately. Approved March 6, 1863. CHAPTER CXVIII. A further supplement to the act entitled "An act authorizing the appointment of commissioners to lay out streets, avenues and squares in the city of Newark.' WHEREAS, by an act approved March twenty-fifth, eighteen Preamble. hundred and sixty-two, entitled "A further supplement to the act entitled 'an act authorizing the appointment of commissioners to lay out streets, avenues and squares in the city of Newark,'" the time within which the commissioners appointed under and by virtue of the act to which this is a further supplement should exercise and discharge their powers and duties was limited to the first day of September, eighteen hundred and sixty-two, notwithstanding the provisions of the act approved March fifteenth, eighteen hundred and sixty, entitled "A supplement to the act entitled an act authorizing the appointment of commissioners to lay out Power of commissioners continued. streets, avenues and squares in the city of Newark;'" and 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the commissioners appointed under and by virtue of the act to which this is a further supplement, to continue, up to the first day of April, eighteen hundred and sixty-three, if so long a time be needed for the purpose, to exercise and execute the powers and discharge the duties imposed and devolved upon them by said act to which this is a further supplement, until the said duties shall have been performed and said powers executed in full; and that all and singular the acts and deeds of said commissioners, by them done since and including the first day of September, eighteen hundred and sixty-two, under the act to which this is a further supplement, be and the same are hereby approved, ratified, legalized and confirmed, as fully, to all intents and purposes, as if the said act approved March twenty-fifth, eighteen hundred and sixty-two, entitled "A further supplement to the act entitled 'an act authorizing the appointment of commissioners to lay out streets, avenues and squares in the city of Newark,'" had not been passed, and that the same shall not be deemed or held to be in any wise invalidated by reason of the last mentioned act, or anything therein contained or thereby provided. 2. And be it enacted, That said act approved March twenty- Repeater. fifth, eighteen hundred and sixty-two, and entitled "A further supplement to the act entitled 'an act authorizing the appointment of commissioners to lay out streets, avenues and squares in the city of Newark,'" be and the same is hereby repealed. street, &c. 3. And be it enacted, That it shall and may be lawful, not- May alter any withstanding anything contained in the act to which this is a supplement, for the common council of the city of Newark, by ordinance, but not otherwise, to be passed by vote of twothirds of the members of the said common council for the time being, (but not by vote of a less number,) to alter any street, alley or highway which is or may be laid out by said commissioners. 4. And be it enacted, That this act shall take effect immediately. Approved March 6, 1863. CHAPTER CXIX. A further supplement to the act entitled "An act authorizing the appointment of commissioners to lay out streets, avenues and squares in the city of Newark. WHEREAS, the commissioners appointed under and by virtue of the act to which this is a further supplement, have ascertained to their satisfaction that the present lines, as defined by buildings, fences, &c., of part (that is to say, so much thereof as lies between South Broad street and Pennsylvania avenue) of Parkhurst, Greenwich, Murray, Astor and Emmet streets, in the city of Newark, are not in conformity with the record of those streets; and whereas, also, it is understood that the owners of property on said part of said streets are anxious that said part of said streets be not laid down by said commissioners on the map to be made by them of said streets according to said record, but Preamble. |