vided by law in such cases, and the directors for the time being shall continue to hold their office until others shall have been chosen in their places.

called in.

5. And be it enacted, That three directors of the said cor- Stock to be poration shall be competent to transact all business of said corporation, and shall have power to call in the capital stock of said company by such installments and at such times as they may direct, and in case of the non-payment of such installments, or any of them, to forfeit the share or shares upon which such default shall arise, and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper touching the management and regulation of the stock, property, estate and effects of the said corporation, and also shall have power to appoint such officers, clerks Powers and and servants as to them shall seem meet, and to establish and fix such salaries to them, and also to the president, as to the board shall appear proper.

objects.

track.

6. And be it enacted, That the said corporation shall have Regulation of power and authority to construct a railroad, with the necessary turn-outs, from the railroad depot in Morris street along Morris street to Broad street, thence along Broad to Water street, thence along Water street to Elizabeth avenue, thence along Elizabeth avenue to Third street, thence along Third street to Livingston street, thence along Livingston street to the steamboat dock at Elizabethport, and also to continue their track along Third street to the proposed Central railroad track; provided, that the right to construct the said railroad through any of the said streets shall not vest in the said corporation until the consent of the city of Elizabeth. shall be first had and obtained of the city council.

laid.

7. And be it enacted, That the track laid by the said com- How tracks pany shall be the same width as the wagon track now established by law, and said track and rails shall in all cases be laid level with the surface or face of the streets through which the same may pass, and in conformity with the grades of said streets as the same now are or hereafter may be established by the city council, so that said railroad shall not present any unnecessary obstructions to or in any way interfere with wagons or vehicles turning or crossing said streets; and further, that the said company shall pave be- Turn outs. tween the rails of their track or tracks, turn-out or turn-outs, and for three feet on the outer side of said rail, which pavement, tracks and turn-outs shall be laid in conformity with the ordinances of the said city and under the supervision of

May hold real estate.

be made.

the city council; and that the said company shall, at all times, in all things, be subject to the provisions of the charter and ordinance of the city now being or hereafter to be in force; and when required by the common council, shall pay such tax per car to the city as shall be directed, not exceeding one dollar per month for each car.

8. And be it enacted, That the said company may purchase, have and hold real estate at the commencement and termini of their railroad, and at any other place or places in the city of Elizabeth, not exceeding two acres at each place, or five acres in the aggregate, and may erect and build thereon houses, warehouses, stables and machine shops, and such other buildings and improvements as may be necessary for carrying on the objects of their incorporation.

Dividends to 9. And be it enacted, That the president and directors of said corporation shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of the said railroad.

Powers, &c.

Penalties.

Company may

10. And be it enacted, That the president and directors of said corporation shall have power to have constructed, or to purchase with the funds of said corporation, all such machinery, horses, cars, wagons, carriages or other vehicles, for the transportation of persons or any species of property on their railroad as they may think fit, reasonable, expedient or right, (but no steam power shall be used as a motive or propelling power on said railroad, except that known as the dummy engines,) and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons or property thereon as they from time to time may think reasonable and proper; provided, that not more than five cents shall be demanded or received for conveying any person from any one point to another on said road.

11. And be it enacted, That if any person or persons shall wilfully or maliciously impair, injure, destroy or obstruct the use of said railroad, or any of its necessary works, carriages, animals or machines, such person or persons shall forfeit and pay therefor, to the said corporation, three times the amount of damages sustained by means of such injury, to be recovered in the name of the said corporation, with costs of suit, in any court having cognizance of the same.

12. And be it enacted, That the said corporation shall borrow money have power to borrow such sum or sums of money, from time to time, as shall be necessary to build, construct, repair or equip said road, and to secure the payment thereof by bond

or mortgage, or otherwise, on the said road, lands, privileges, franchises and appurtenances of or belonging to said corporation, at a rate of interest not exceeding seven per centum per

annum.

13. And be it enacted, That the office of said company Limitation. shall be in the city of Elizabeth, and if the said railroad shall not be commenced within one year and be completed at the expiration of five years from the fourth day of July next ensuing, then and in that case this act shall be void.

14. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1863.

CHAPTER LXXII.

AN ACT to confirm the acknowledgments and proof of deeds taken before Samuel S. Marcy, commissioner appointed for the Lower Township, in Cape May county.

WHEREAS, on the eighth day of February, Anno Domini preamble. eighteen hundred and fifty-six, Samuel S. Marcy was appointed commissioner of deeds for the Lower Township, in the county of Cape May; and whereas, the said Samuel S. Marcy, at the time of said appointment, resided in the city of Cape Island, (and not in the Lower Township,) and continued to reside in said city during the term of his said office, and exercised the duties of said office during said term; and whereas, doubts have arisen as to the legality of his official acts in the premises-therefore,

uel S. Marcy

1. BE IT ENACTED by the Senate and General Assembly of Acts of Samthe State of New Jersey, That all the acts of the said Samuel legalized. S. Marcy, as commissioner aforesaid, done and performed during his said official term, shall be as valid and effectual in law, to all intents and purposes, as if the said Samuel S. Marcy had resided in the Lower Township during said official

term.

2. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1863.

Preamble.

Action of township legalized.

Binding on

CHAPTER LXXIII.

A supplement to the act entitled "An act to incorporate the town of Bergen," approved March the eleventh, eighteen hundred and sixty-two.

WHEREAS, the town of Bergen, by the corporation thereof, have, pursuant to an ordinance passed by them on the twenty-fifth day of August, eighteen hundred and sixtytwo, appropriated the sum of fifteen thousand dollars in bounties for enlistments, to volunteers from said town for the military service of the national government; and whereas, the said councilmen have, pursuant to said ordinance, borrowed said sum of money from numerous persons upon the bonds, scrip or other evidences of indebtedness issued in the name of the town of Bergen, payable in three years from the dates thereof, with interest semi-annually; and whereas, express provision for such indebtedness and the payment thereof is desired by said corporation-therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the appropriation of fifteen thousand dollars, for the purpose set forth in the preamble to this act, by the town of Bergen, together with the bonds, scrip or other evidences of indebtedness issued for the same, be and they are hereby ratified and confirmed.

2. And be it enacted, That the said amount of fifteen thouthe township sand dollars shall be deemed and taken as a debt of the said town, over and above any loans now authorized by the aforesaid act, and the act to amend the same, anything therein contained to the contrary notwithstanding.

amount by

taxation.

May raise the 3. And be it enacted, That it shall be lawful for the said councilmen to raise by tax yearly, in the same manner as taxes for other purposes are levied and collected in said town, and over and above the amount they are now authorized to collect for town purposes, a sufficient sum to pay the interest on said indebtedness: and at the time said bonds, scrip or other evidences of indebtedness become due and payable, the said councilmen may borrow on the bonds of the corporation a sum sufficient to redeem said bonds, scrip or other evidences of indebtedness then outstanding, such new bonds to be made

payable, with interest, as follows: one thousand dollars, with interest, in one year from the date thereof; and two thousand dollars, with interest, in each succeeding year, until the whole be paid; such new bonds to be of such denominations, not exceeding one thousand dollars each, as said councilmen shall determine, and the rate of interest thereon not to exceed seven per cent. per annum, and that for the payment of all such bonds and the interest as the same fall due and payable, the said councilmen are hereby authorized to levy, from time to time, and to collect a tax, in the same manner as taxes for other purposes are or may be levied and collected in said

town.

4. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1863.

CHAPTER LXXIV.

A further supplement to the act entitled "An act for the punishment of crimes," approved April sixteenth, eighteen hundred and forty-six.

injuring or

1. BE IT ENACTED by the Senate and General Assembly of Penalty for the State of New Jersey, That every person who shall wilfully defacing any or maliciously remove any monument of stone, wood or other monument. durable material, erected for the purpose of designating the corner, or any other point, in the boundary of any lot or tract of land, road or street; or shall wilfully and maliciously deface or alter the marks upon any tree, post or other monument, made for the purpose of designating any point, course or line in the boundary of any lot or tract of land, road or street; or shall wilfully and maliciously cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks, shall, in every such case, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding two hundred and fifty dollars, or imprisonment at hard labor not exceeding two years, or both.

2. And be it enacted, That every person who shall wilfully or milestone. or maliciously break, destroy or remove any milestone, mile