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same, which the several companies attached to the said bat-
talion may be entitled to receive, according to the ratio of
distribution heretofore established by law; and the said
battalion paymaster shall annually, after deducting the
arrears to the battalion fund, credit the balance re-
maining in his hands to the several companies attached
to the battalion, pro rata, according to the number of mem-
bers present at the annual inspection next preceding such
distribution; the amount due to them respectively, to be
paid on their drafts, and to be expended for military pur-
poses exclusively; and every such draft shall be attested
by the commandant of the company making the draft, and
shall express on its face the object to which the proceeds
are to be applied; and the expenses of the brigade board,
required to be deducted from the said fund, are to be de-
ducted from the balance of the moneys remaining in the
hands of the brigade paymaster after paying to the said
battalion paymaster the aggregate proportion of the several
companies attached to the said “City Battalion,” as herein-
before directed: provided, however, that the said brigade
board shall not be chargeable with any expenses whatever
on account of the said battalion; and provided further, that
in consideration of the exclusive jurisdiction conferred upon
the said battalion board and battalion paymaster, the com-
mandant of the said “City Battalion” shall not be a member
of the brigade board of the said Newark Brigade, any law
to the contrary notwithstanding. *
9. And be it enacted, That in the said battalion, twenty-
four hours' notice of any parade or drill shall be deemed
sufficient lawful notice of an order in such case; and when-
ever, from the apprehension of a riot or disturbance of the
peace, the services of the battalion may be deemed neces-
sary by the governor of the State, the sheriff of the county
of Essex, or the mayor of the city of Newark, then, and
in that case any verbal or “signal” notice promulgated by
the commandant shall be deemed a sufficient and lawful
notice of an order for assembling the battalion for military

duty; and legal service of all notices, or orders of whatever

kind, shall in all cases be presumed unless the member dis.
puting such service shall make affidavit to the contrary, in
which case the service in dispute must be proved to have
been made either by the delivery of a copy of the notice
or order personally, or by leaving the same at the residence
or usual place of business of such member, or by some
other legal notification herein provided for.
10. And be it enacted, That all oaths, affirmations, or affi-
davits required to be administered, made, or taken by the
act entitled “An act establishing a militia system,” ap-
proved April 17, 1846, or by any of the supplements
thereto, or which may be required by any act respecting
the Newark Brigade (heretofore known as the Independent
Essex Brigade), or the said “City Battalion,” or which may

Oaths, before whom taken.

be required in the performance of any duty appertaining

to the militia service of this State, so far as relates to this
battalion, shall and may be administered, made or taken by
and before the commandant of the battalion, the command-
ants of companies respectively, or by the adjutant, or acting
adjutant of the battalion, in the performance of his duties
as judge advocate, or clerk of the battalion board: and any
person who shall wilfully and corruptly swear or affirm
falsely, in or by any oath, affirmation, or affidavit adminis-
tered, made, or taken in pursuance of this act, such person
shall be deemed guilty of perjury, and punished accord-
ingly.
Approved February 17, 1858.

. CHAPTER XXXV. o

A FURTHER suppleMENT to an act entitled “An act to incorporate the Newark Orphan Asylum Association,” approved February ninth, eigh- teen hundred and forty-nine. Preamble. WHEREAs, by the act of incorporation, to which this is a supplement, it is provided “that the property and effects of the said corporation, held or used for the purposes contemplated by this act, shall not be subject to the imposition of any tax;” and whereas doubts have arisen whether, under the said section, the property of the association was exempted from assessments imposed by the corporation in the city of Newark—for remedy whereof, o: 1. BE IT ENACTED by the Senate and General Assembly of tax. the State of New Jersey, That the property and effects of the Newark Orphan Asylum Association, held or used for the purposes contemplated by the act of incorporation, shall not be liable or subject to the imposition of any tax or assessment of any kind whatsoever. Approved February 17, 1858.

CHA PTER XXXVI.

AN Act to authorize the Iron Bank to change their place of business.

Place of 1. BE IT ENACTED by the Senate and General Assembly of

business

* the State of New Jersey, That the stockholders and directors of the Iron Bank now located and doing business at Rockaway, in the county of Morris, be and they are hereby authorized to remove their place of business from Rockaway aforesaid, and to locate their banking house and transact their banking business at Morristown in said county of Morris, provided, that said directors shall first file with the Proviso. treasurer of this State a consent in writing to such removal and location, signed by two-thirds of the stockholders in value of said banking institution.

2. And be it enacted, That after such removal and location to. as aforesaid, said Iron Bank shall be authorized to transact too. the business of banking at Morristown aforesaid in the Morristown. same manner, in all respects as they have heretofore done, and all bills or notes of said bank heretofore issued or hereafter to be issued, not previously presented for payment, shall be presented for payment and shall be due and payable at the banking house of said bank at Morristown aforesaid, on and after such removal, and all bills or notes of said bank to be issued after such removal shall be dated at . Morristown aforesaid. .

3. And be it enacted, That all bills of exchange, promissory too. notes, drafts or other instruments for the payment of money Morrow". which have heretofore been made or may hereafter be made by any person or persons, corporation or corporations, and payable at said Iron Bank at Rockaway, and which shall become due and payable after said bank shall be removed to Morristown aforesaid, shall be taken and deemed to be due and payable at the banking house of said Company at Morristown aforesaid, and shall be there presented for such payment.

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

Approved February 18, 1858.

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AN ACT to incorporate the Merchants' Mutual Fire and Marine Insurance
Company.

Names of 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Thomas Kirkpatrick, Henry N. Parkhurst, John Morrison, Samuel Smith, Oscar L. Baldwin, John McChesney, Silas Merchant, Caleb S. Titsworth, James J. Terhune, David C. Dodd, Jun., William M. Little, James W. Grover, and George B. Guerin, and others, their associates and successors, are hereby constituted and declared to be a body corporate and politic, by the name of “The Merchants' Mutual Fire and Marine Insurance Como: pany,” to be located at the city of Newark, New Jersey; and by that name they and their successors shall and may have succession during the continuance of this act; and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all manner of actions, suits, complaints, matters and causes whatever; and they and their successors may have a common seal, and may alter and change the same at pleasure; and also they and their successors, by the name of “the Merchants' Mutual Fire and Marine Insurance Company,” shall be in law capable of purchasing, holding, and conveying any estate, real and Proviso, personal, for the use of the said corporation; provided, the said estate which it shall be lawful for the said corporation to hold, be only such as is necessary for the corporation, in the transaction of the business thereof, or such as shall be taken as security for, or in payment of debts; nor shall the yearly income of such real estate exceed five thousand

dollars. too. 2. And be it enacted, That all persons who shall insure in member of or with said company shall be members of said corpora*. tion; and the property and concerns of said corporation shall be conducted and managed by thirteen directors, a

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