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such assessment to be deposited in bank to the use of the
person entitled thereto; and upon. filing such receipt of the
owner, or the ordering of such deposit, the said land shall
be vested in the city, and said improvements may be

pro-
ceeded with; the money so deposited shall be paid by the
city to the person entitled thereto, on demand, without
interest, except from such time as a demand may be made
and payment refused.

34. And be it enacted, That all assessments or estimates Assessments made by such commissioners upon principles contrary to aside. law and to the provisions of this act, may be reviewed and for such cause set aside by the supreme court of this state, upon certiorari, and new commissioners may be appointed by said court to examine into and report anew as to the part set aside; said court may require the commissioners first appointed to certify as to the principle on which their assessment was made, or may inquire into the same by affidavits to be taken for that purpose; in case of reversal, the city shall pay the costs on such certiorari, and add the same to the expenses of the improvements.

35. And be it enacted, That all commissioners of assess. Commisments appointed by or under this act shall, before they take oath. proceed to their duties, subscribe and take an oath faithfully, honestly, and impartially to perform the duties required of them, and shall receive such compensation as the said common council shall, by general ordinance, fix and ordain.

36. And be it enacted, That upon the trial of any issue, Inhabitants or upon the judicial investigation of any fact wherein the tent as witmayor and common council of the city of Rahway is a party or in any way interested, no person shall be deemed an incompetent judge, witness, or juror by reason of his or her being an inhabitant, freeholder, or freeman of the said city; and any person sued or impleaded by reason of anything done by virtue of this act, may plead the general issue and give this act and special matter in evidence, under such plea, at the trial.

37. And be it enacted, That nothing in this act contained Act not to shall be construed to interfere with or impair the vested ed rights.

nesses.

impair vest

rights of any person or corporation, except as to property taken for public use upon compensation as provided for herein.

38. And be it enacted, That this act shall be a public act, and shall take effect on the third Monday in April next.

Approved February 26, 1858.

Public act.

CHAPTER LIX.

An act to incorporate the River View Cemetery.

Names of corporators.

Corporation may purchase land.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Isaac Stephens, John K. Smith, William S. Yard, and David Witherup, and such other persons as may hereafter be associated with them, their successors and assigns, be, and are hereby ordained, constituted and declared a body politic and corporate, in fact and in law, by the name and title of “The River View Cemetery."

2. And be it enacted, That the said corporation shall have power to purchase, hold, and convey, for burial purposes, a tract or piece of land in or near the city of Trenton, and lay out and improve so much of the same as may be necessary for the purpose of said cemetery; provided, the whole amount of land so purchased shall not exceed fifty acres.

3. And be it enacted, That the affairs of said corporation shall be managed by a board of directors consisting of five

members, with power to choose from among themselves No streets to such officers as may be deemed necessary and expedient.

4. And be it enacted, That no roads or streets shall here

Proviso.

Board of directors.

through lands of corporation.

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after be opened through the lands of said corporation ex-
cept by consent of the board of directors, and the burial
vaults, lots, and other erections and fixtures in the said
cemetery shall not be subject to any assessment, taxes, or
fines, or liable to be seized upon, distrained, sold, or other-
wise subject to any process of law whatsoever, except for
encumbrances existing at or previous to the passage

of this
act.

5. And be it enacted, That any association of persons for Associa: benevolent purposes, and also any religious society within may pur: the county of Mercer, may purchase and hold lots in said cemetery, in which they may bury agreeably to their peculiar rites or ceremonies, subject only to the rules and regulations of said cemetery.

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

Approved February 26, 1858.

.

· CHAPTER LX.

AN ACT to incorporate “The Mercer Guard” of Hightstown.

corporators.

1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That Charles Keeler, William W. Taylor, E. T. R. Applegate, John Butcher, T. C. Pearce, J. M. Johnston, Charles Gibberson, Court Voorhees, G. W. Williamson, William G. Pearse, Charles Green, and J. N. Carr, and all of the duly elected and enrolled as members of “The Mercer Guard” of the borough of Hightstown not

Amount of capital stock,

Officers of corporation.

exceeding in number one hundred who now or hereafter shall become associated with “The Mercer Guard,” be a body corporate in fact and in law by the name of "The Mercer Guard."

2. And be it enacted, That the capital stock of the said company shall not exceed the sum of ten thousand dollars, and shall be devoted to the erection of an armory, and the procurement of such uniforms and military equipages, and the defraying of such expenses as shall be incident to such company, and for such other purposes as the said company may deem necessary to more efficient and proper military discipline of the said company.

3. And be it enacted, That said company shall have power to elect one in each year or oftener if necessary, a president out of their own body, and such other officers as they shall deem necessary for conducting their affairs according to the constitution and by-laws adopted, or to be adopted by them, and that the said president shall keep in his custody the common seal of said company, and surrender the same to his successor at the expiration of his term of office, and that said company in its corporate name may institute suits for the recovery of all fines, dues, debts and arrearages due the said company by the said constitution or by-laws thereof, and may purchase, hold, and transfer any real and personal estate which they may deem necessary for the purposes contemplated by this act.

4. And be it enacted, That the election for officers of the said company shall be held annually on the first Wednesday of July, and shall be by ballot.

5. And be it enacted, That this act shall be deemed a public act.

Approved February 26, 1858.

Election of officers.

Public act.

CHAPTER LXI.

Ax act to incorporate the Constables Hook and New York Ferry

Company.

corporators.

1. BE IT ENACTED by the Senate and General Assembly of Names of the State of New Jersey, That Ira Hersey, Alvah Phelps, James H. Roake, Cornelius V. Clickener, and Philip H. Mulford, and such other persons as may hereafter be associated with them by becoming stockholders as herein provided, and their successors, are hereby created a body corporate and politic by the name of “the Constables Hook and New York Ferry Company."

2. And be it enacted, That the capital stock of said com- Amount of pany shall be fifty thousand dollars, to be divided into stock. shares of one hundred dollars each, which shall be subscribed and paid in, at such times, and in such manner as the directors of said company by their by-laws may direct.

3. And be it enacted, That the capital stock of said com- Stock transpany shall be deemed and considered personal property, and shall be transferable in such way as the by-laws of said company may direct; and that the board of directors of said company may at any time increase their capital stock to any amount not exceeding two hundred thousand dollars.

4. And be it enacted, That the management of the con- Election of cerns of the said company shall be vested in five directors, to be selected from the stockholders, a majority of whom shall be residents of this state, who shall serve for one year, and until others are chosen in their stead, of which election notice shall be given in a public newspaper published in the county of Hudson for twenty days previous thereto.

5. And be it enacted, That Ira Hersey, Alvah Phelps, First direcJames H. Roake, Cornelius V. Clickener, and Philip H. Mulford, shall be, and they are hereby appointed the first board of directors, who shall serve for one year, or until

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directors,

tors.

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