Proviso. Public act. benefitted by this supplement, shall have been formed into companies within this state, the captain of every such company is hereby required to perform the same duties as are now required of captains of other companies by the sixth section of said act; and to entitle any person to the benefits of this act, it shall be the duty of the party claiming the same, at the time of demanding the first payment by virtue of this act, to produce a certificate of the captain of the company to which the volunteer belongs, on account of whose services the claim is made, certifying to the name of the volunteer, the time and place of his enlistment, and his residence at the time of enlistment, whether married or single, and, if single, whether having a mother dependent upon him for support; and, also, an affidavit of some reputable, disinterested freeholder, resident in the ward or township in which such applicant resides, corroborating the statements made in such certificate, (except those in regard to the enlistment,) and stating that the affiant is personally acquainted with the person applying for such payment, and knows such person to be the wife, widowed mother, or proper representative of the family of the volunteer named in such certificate, and is entitled to receive such payment; and that, on demand of every subsequent payment demanded by virtue of this act, the applicant shall produce a new certificate, signed by the captain of the company to which such volunteer belongs, certifying that at the date thereof such volunteer was in active service, which certificate shall bear date not more than thirty days prior to the time of presenting the same; and all of the certificates and affidavits aforesaid shall be filed with the person whose duty it shall be to make such payments; provided, that the provisions of this act shall only extend to such family or families as in the opinion of the person whose duty it is or may be to make the payments authorized by this act, shall be deemed in needy circumstances. 3. And be it enacted, That this act shall be deemed a public act, and take effect immediately. Approved March 25, 1863. CHAPTER CCLIX. A supplement to an act entitled "An act for the security of Manufacturers of Mineral Waters and other beverages," approved February tenth, eighteen hundred and fifty-four. certain of 1. BE IT ENACTED by the Senate and General Assembly of Penalty for the State of New Jersey, That it is hereby declared to be un-fences. lawful for any person or persons hereafter, without the written permission of the owner thereof, to sell, dispose of, buy or traffic therein, or to wilfully break or destroy any such bottles so marked, and not bought by him or her of such owner, or to fill with mineral water or other beverages any of such bottles for the purpose of sale; and any such person so offending shall be liable to the penalty of fifty cents for every bottle so filled, bought, sold, destroyed, used or trafficked in, for the first offence, and five dollars for every subsequent offence, to be recovered before any justice of the peace or other magistrate, upon which recovery an execution against the goods and chattels of the defendant and for want of sufficient goods and chattels to satisfy such fine and costs, he, she or they so offending shall, in default thereof, be committed to the county jail until such fine and costs are paid; one-half of said penalty or penalties shall be 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 or offenders. 2. And be it enacted, That the second section of the act to Repeater. which this is a supplement be and the same is hereby repealed, and that this act shall take effect immediately. Approved March 25, 1863. Preamble. Commission ers may be any general or colonel of New Jersey CHAPTER CCLX. A supplement to an act entitled "An act authorizing commissions and the taking of depositions," approved April fifteenth, eighteen hundred and forty-six. WHEREAS, great inconvenience has arisen to parties litigant in the several courts of this state, on account of their being unable to obtain important and neeessary evidence of persons who are absent from this state in the military service of the United States and territories, where civil functions of the United States are for the time suspended by reason of the rebellion there existing-therefore, 1. BE IT ENACTED by the Senate and General Assembly of Sworn before the State of New Jersey, That after the passage of this act, it shall and may be lawful for the commissioner or commis. sioners appointed by any court of record in this state, in pursuance of the act to which this is a supplement, or any supplement thereto, before proceeding to execute the said commission, to take an oath or affirmation before any commissioned major general or brigadier general of the United States, or before any colonel of any regiment of New Jersey troops in such state or territory in the service of the United States, who are hereby authorized to administer the same, faithfully, fairly and impartially to execute the said commission, which said commissioner or commissioners shall thereupon proceed, in the manner directed by the act to which this is a supplement, to take the deposition or depositions of the said person or persons named in the said commission, and to return the same with all convenient speed to the court from which the said commission issued, in the manner directed by the act aforesaid. 2. And be it enacted, That this act shall take effect immediately. Approved March 25, 1863. CHAPTER CCLXI. AN ACT for the improvement of Somerville. town. 1. BE IT ENACTED by the Senate and General Assembly of Limits of the State of New Jersey, That the limits of the town of Som-" erville, in the county of Somerset, for the purposes of this act, shall be as follows: beginning at the mouth of Peters' brook, thence running up the same the several courses thereof to a point where the easterly boundary line of the homestead farm of the Rev. F. F. Cornell, as formerly owned by Richard B. Duyckink, crosses said brook; thence southerly down the easterly boundary line of said farm to the Raritan river; thence down said river to the place of beginning. elect commissioners. 2. And be it enacted, That the freeholders who are also Freeholders to residents of the said town as above bounded and limited, shall make and hold an election in said town on the first Mondays of May hereafter, at which election there shall be chosen, by a plurality of the votes cast, seven of the freeholders of the said town, who shall be denominated the board of commissioners of Somerville, and by that name they and their successors in office may sue and be sued, make contracts and agreements, make regulations and ordinances, and impose penalties, not exceeding fifty dollars in amount, for the purpose of carrying out and effecting the objects and purposes of this act. 3. And be it enacted, That the first election of said com- First election. missioners shall be held at the hotel of Jacob A. Fritts, in said town, and subsequent elections shall be held at such place in said town as by resolution of the board of commissioners for the time being shall be appointed, of which subsequent elections such board shall give two weeks notice, by advertisement in the newspapers of said town; that said election shall be by ballot, and shall be opened at four o'clock in the afternoon and closed at seven o'clock in the evening of the same day; that of the freeholders present at the opening of the polls there shall be chosen by the electors then present, a judge and clerk of election, who shall conduct the same in the manner that township elections are conducted by ballot, which officers of election shall possess the same powers and be subject to the same duties and restrictions as the officers of town President and officers. Powers of commission ers. ship elections are subject to, and that at the close of said polls the said judge and clerk of election shall canvass the votes cast and publicly declare who have been chosen, and shall make out, under their hands, and deliver to the commissioners so chosen, a certificate of their election, which certificate shall be recorded in the minutes of the proceedings of said board. 4. And be it enacted, That the commissioners so chosen shall, at one of the meetings of said board, as soon after their election as may be practicable, elect from their number a president, secretary and treasurer; that meetings of said board may be called by the president, or in his absence or disability by the treasurer, upon two weeks' notice published in any such newspaper, which meetings so called may be publicly adjourned to another time and place without further advertisement; that the treasurer shall give his bond to said board, with satisfactory sureties, in such amount as they may require, for the faithful performance of his office, and shall render annually, and as often as required by resolution of the board, an account of all moneys received and disbursed by him, and shall pay out no moneys except upon resolution of the board, upon bills countersigned by the president; that the secretary shall keep a minute of the proceedings of said board, and record the same in a book provided for that purpose. 5. And be it enacted, That it shall and may be lawful for the said board of commissioners to have the general supervision, management and control of the public streets, sidewalks and roads of said town, and of all public commons therein or adjoining thereto, and of the fire engines and all apparatus for the suppression of fires belonging to said town, and for this purpose may by resolutions or ordinances make all needful rules and regulations for the promotion and advancement of the interests of said town, touching and concerning the matters above mentioned, and more particularly that they may by such resolutions or ordinances cause the streets and roads of said town, or such parts thereof as they may deem advisable, to be graded, gravelled, or otherwise to be improved and repaired, and to prevent and cause to be removed all obstructions thereon, so that they may be kept open to the width at which they were laid out by the surveyors of the highways, or by any deed, donation or dedication thereof by the original owner or owners thereof, and also that they may fix and determine the width, grade and construction of |