pany shall restore such road or highway to such state or condition as not to impair its usefulness. transporta tion. 12. And be it enacted, That the president and directors Rates for of said company shall have power to have constructed, or to purchase with the funds of the company, and place and use on said railroad, cars, wagons, carriages or vehicles for the transportation of persons, or any species of property, and they are hereby authorized to demand and receive such sum or sums of money for the transportation of persons, and every species of property whatsoever thereon, as they from time to time shall think reasonable and proper; pro- Proviso. vided, that they shall not charge more than five cents per mile for each passenger and not more than fifteen cents per ton per mile for the transportation of every species of heavy merchandise, and goods usually weighed by the ton, in the carriages of the company, and for dry goods and packages such reasonable rates as shall be fixed by the board of directors 13. And be it enacted, That the president and directors Dividends. may, within one year after the said railroad shall have been completed, declare and make such dividends of the net profits thereof among the stockholders, as they may deem prudent, and shall in like manner semi-annually thereafter declare such dividends, and pay the same to the stockholders, or their legal representatives, in proportion to the amount of stock held by them respectively. estate may 14. And be it enacted, That the said company may pur- What real chase, have, hold and occupy such real estate at or near the be held. commencement and termination of said road, and at such points along the line of said road as may be necessary for the convenient transaction of business, not exceeding one acre in each place, and may erect and build thereon depots, warehouses, and such other buildings and improvements as they may deem expedient, for the safety of their property and the necessary uses appertaining to their business. injuring 15. And be it enacted, That if any person shall wilfully Penalty for or maliciously injure the said road, or any buildings, cars, works. vehicles, animals, or works of said corporation, such person Annual tax to be paid. Proviso. Corporation may borrow money. Proviso. Corporation may make contracts with other or persons shall forfeit and pay therefor to the corporation three times the amount of damages sustained by means of such injury, to be recovered in the name of the corporation, with costs of suit, in any court having cognizance of the same. 16. And be it enacted, That as soon as the said railroad is finished, the president of the said company shall file under oath or affirmation, a statement of the amount of the costs of the said railroad, including all expenses, in the office of the secretary of state, and annually thereafter he shall, under oath or affirmation, make a statement to the legisla ture of this state, of the net proceeds and expenses of said road; and as soon as the said railroad or any part thereof shall be put in operation, the said company shall pay to the treasurer of this state a tax of one half of one per centum on the cost of the said road, to be paid annually on the first Monday in January; provided, that no other tax or impost shall be levied or raised from said corporation by virtue of any law of this state. 17. And be it enacted, That the said corporation shall have power to borrow such sum or sums of money, from time to time, as shall be necessary to build, construct or repair said road, and furnish the said company with all necessary rails, buildings, cars, vehicles and animals for the use and object of the said corporation, and to secure the repayment thereof by bond and mortgage, or otherwise, on the said road, land, franchises and appurtenances of or belonging to the said corporation, at a rate of interest not exceeding seven per centum per annum; provided, however, that the said company shall not plead the statute of usury in consequence thereof. 18. And be it enacted, That it shall be lawful for the said corporation, at any time during the continuance of its companies. charter, to make contracts and engagements with any other company or corporation, or with individuals, for operating said railroad, for transporting or conveying any kind of goods, produce, merchandise, freight or passengers, and to enforce the fulfilment of such contracts, and also to de mand and receive for the transportation of all passengers and freight by them carried and transported over the road of any other company, the same rates of fare and tolls, ast the said company are entitled to demand and receive by virtue of this act, for transportation and passage over their own road. ment and of road. 19. And be it enacted, That if the said railroad is not Commencecompleted and in use within two years from the fourth day completion of July next, then and in that case this act shall become void. powers. 20. And be it enacted, That the said corporation shall General possess the general powers, and be subject to the restrictions and liabilities contained in the act entitled "An act concerning corporations," approved the fourteenth day of February, eighteen hundred and forty-six, and the acts supplementary thereto, and amendatory thereof, so far as the same are applicable, and that this act shall go into effect immediately, and shall continue in force for thirty years. Approved March 18, 1859. CHAPTER CLXVI. A SUPPLEMENT to the act entitled "An act concerning witnesses," approved April sixteenth, eighteen hundred and forty-six. terested not 1. BE IT ENACTED by the Senate and General Assembly of Persons inthe State of New Jersey, That no person shall be disqualified disqualified as witnesses. Proviso. as a witness in any suit or proceedings at law or in equity by reason of his or her interest in the event of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his or her credit; provided neverthe less, that no female shall be admitted as a witness for or against her husband, except when the suit or proceedings is between her and her husband, or shall any party be sworn in any case when the opposite party is prohibited by any legal disability from being sworn as a witness, or either of the parties in a cause sue or are sued in a representative capacity. 2. And be it enacted, That this act shall take effect immediately. Approved March 18, 1859. Part of former act repealed. CHAPTER CLXVII. A SUPPLEMENT to the act entitled "An act to increase the revenues of the state of New Jersey." 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That so much of the act to which this act is a supplement as prohibits the enrolling in the office of the secretary of state, or publishing any private act therein described and assessed, be and the same hereby is repealed. assessment is not paid in certain time. 2. And be it enacted, That if the parties interested in any Act void if law referred to in the act to which this act is a supplement shall fail to pay the sum thereon assessed and declared to be payable on the same before the first day of July next ensuing the passage thereof, the same shall cease, and be inoperative and void to all intents and purposes, as though the same had not been passed. Approved March 18, 1859. CHAPTER CLXVIII. AN ACT for the relief of the county of Hudson. be sent with commit every ment. 1. BE IT ENACTED by the Senate and General Assembly of Evidence to the State of New Jersey, That it shall be the duty of justice of the peace or other officer who shall hereafter commit any person to the common jail of the county of Hudson for detention and safe keeping, to answer to any crime or misdemeanor with which he may be charged to send with such commitment the evidence on which such person was arrested and committed, including the examination of such person, if any shall have been taken, or a full copy of the same; and if such person shall have been committed from facts known to the justice or other officer in whole or in part by the view of such justice or other officer, or orally admitted by such person in his presence, then such justice or other officer shall certify such facts or admissions speci |