Judges to meet and examine commitments.

Additional evidence

fically; and any justice of the peace who shall omit to send such evidence or examination, or copy thereof, or certifi cate, or who shall sign or send any such commitment without sending with the same such evidence and examination, or copy thereof, or such certificate, shall forfeit and pay to the board of chosen freeholders of said county the sum of twenty dollars for each offence, to be recovered by them in an action of debt before any court having jurisdiction thereof.

2. And be it enacted, That it shall be the duty of the judges of the court of common pleas of the county of Hudson, or two or more of them, to meet at the court house of said county on the first Monday of every month, to examine into all commitments made since their last monthly meeting, to the common jail of said county for detention or safe keeping, to answer the charge of a crime or misdemeanor, and it shall be the duty of the jailor or keeper or warden of the jail of said county to lay before such judges all commitments made since their last monthly meeting, together with the copies of evidence, examinations and certificates sent with them; and if said judges upon examining said evidence, examination and certificates, are of opinion that there does not appear on the same sufficient probable cause for the commitment and detention of the person com. mitted, they are hereby authorized to direct the keeper or warden of said jail to discharge the prisoner from custody on such commitment by writing under their hands and seals, specifying the commitment and that it appears to them that there is not sufficient probable cause for his detention; and said judges shall hand such orders together with all the commitments and evidence, examinations and certificates received by them to said keeper or warden of the jail, who is required to discharge such prisoner from custody by virtue of said commitment.

3. And be it enacted, That if said judges believe or are may be filed. actually informed that the want of probable cause of detention is owing to neglect or want of skill or defective form in drawing any papers, they shall adjourn to any day not

exceeding one week to permit the officer making such commitment, or the complainant or prosecutor, to lodge with the jailor other and more full evidence of the commission of the crime or misdemeanor charged, which other evidence shall then be considered by them as if it had been before the officer making said commitment.

meetings of

4. And be it enacted, That the provisions of this act shall Times of not apply to any person committed or detained to answer judges. any indictment or held for a crime committed in another state to await a requisition of the governor of such state, or to any person committed and held upon any conviction, or charged with a crime not triable in the court of quarter sessions; and said judges shall not meet in any month in which the court of oyer and terminer is required by law to be held in said county of Hudson, and that such judges shall not meet more than two days in any one month.

not to be a

5. And be it enacted, That a discharge, under the pro- Discharge visions of this act, shall be no bar to an indictment for the bar to inoffence charged or to any arrest or detention under such indictment.

dictment.

not to be

except in

cases.

6. And be it enacted, That no person shall be committed Witnesses to, or detained in the jail of the county of Hudson for secur- detained ing his or her appearance as a witness against any person certain charged with a crime or misdemeanor, except in cases of treason, misprision of treason, murder, manslaughter, arson, burglary, forgery, perjury, and subornation of perjury. 7. And be it enacted, That this act shall take effect immediately.

Approved March 18, 1859.

Names of corporators.

Election of directors.

CHAPTER CLXIX.

AN ACT to incorporate the Star Foundry and Machine Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Edward J. C. Atterbury, Charles G. McChesney, Joseph W. Allen, Charles L. Pearson, William M. Force, and their associates, shall be and they are hereby created a body politic and corporate, by the name and style of "The Star Foundry and Machine Company," for the purpose of manufacturing, in the township of Acquackanonck, articles made wholly or in part of iron, steel, and other metals, and carrying on the business incident thereto.

2. And be it enacted, That the stock, property, and concerns of the said company shall be managed and conducted by five directors, being stockholders, one of whom to be president, who shall hold their office for one year; and that the said directors shall be chosen on the third Tuesday in January in every year, at such place and time as shall be directed by the by-laws of said corporation, and public notice shall be given of the time and place of holding every such election, not less than ten days previous, in one or more newspapers published in the county of Passaic, by such of the stockholders as shall attend for that purpose, either in person or by proxy, and each stockholder shall be entitled, either in person or by proxy, or by power of attorney, to as many votes as he or she shall hold shares of the capital stock of said company; and the persons having the greatest number of votes, being stockholders, shall be directors, and the directors chosen at one election shall be capable of serving by virtue thereof until another election shall have been had; and the directors so chosen may appoint such officers and superintendents, and assign such compensation as they shall think fit, not less than a majority of the whole number being present when the

same shall be done; and if it (at) any time happen that any vacancy or vacancies occur, by death, resignation, or otherwise, among the directors named in this act, or those hereafter to be elected, such vacancy or vacancies shall be filled by such person or persons as the remainder of the directors for the time being, or the majority of them, shall appoint; and until other directors are chosen from the stockholders, the first directors shall be Edward J. C. Atterbury, Charles First direcG. McChesney, Joseph W. Allen, Charles L. Pearson, William M. Force, and the survivor or survivors of them, who shall hold their office until the third Tuesday in January next after the organization of the company or until others are legally chosen.

tors.

capital

3. And be it enacted, That the capital stock of said com- Amount of pany shall not exceed the sum of one hundred thousand stock. dollars, which shall be divided into shares of fifty dollars each, but as soon as four hundred shares of the said capital stock shall have been subscribed and paid in in cash, it shall and may be lawful for the said company to commence their said business, and with that capital conduct and carry it on, until they shall deem it expedient to extend their operations; and it shall be lawful for the directors of the said company to call and demand from the stockholders. of said company, respectively, all such sums of money by them subscribed, at such time, and in such proportion as they shall deem proper, not exceeding ten dollars on each. share at any one time, under pain of forfeiting the shares of the said stockholders, and all previous payments thereon, if such payments shall not be made within sixty days after a notice shall have been published for the space of thirty days in one or more newspapers published in the said county of Passaic.

to capital

4. And be it enacted, That the subscription of the said Subscription stock shall be open at some convenient place in the town- stock. ship of Acquackanonck, in the county of Passaic, for any number of days not exceeding thirty, under the direction of the board of directors, or such of them as shall be designated for that purpose.

ferable.

Stock trans- 5. And be it enacted, That the stock or property of the said corporation, of whatsoever nature or kind, shall be deemed personal estate, and be transferable in such manner as shall be prescribed by the by-laws of said corporation; provided, that no dividends shall be made to and among the stockholders except from out of the net profits of the said corporation.

Proviso.

Corporation not dissolv

ed for fail

ure to elect

on day pre

scribed.

Directors to make bylaws.

Proviso.

Books of account to be kept.

Limitation.

6. And be it enacted, That in case it should at any time happen that an election should not be made on the day that, pursuant to this act, the same should be made, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful to hold such election on such other day, in the manner provided by law in such cases, in the manner aforesaid, as shall be prescribed by the by-laws and ordinances of said corporation.

7. And be it enacted, That a majority of the directors for the time being shall form a board for the transaction of the business of said corporation, and shall have power to ordain, establish, and put in execution such by-laws, ordinances, and regulations as shall seem necessary and convenient for the government, management, or the disposition of the stock, effects, profits, and concerns of the said corporation; provided, that the same are not contrary to the constitution and the laws of the United States or of this

state.

8. And be it enacted, That the directors shall at all times keep, or cause to be kept, proper books of account, in which shall be entered all the transactions of the said corporation, which shall at all times be open to inspection of the stockholders of the said corporation, or their legal attorney or attorneys; and further, that no transfer of stock shall be valid or effectual until such transfer shall be entered and registered in the books to be kept by the president and directors for that purpose.

9. And be it enacted, That this act shall continue in force for the term of thirty years; and the said corporation shall possess the general powers, and be subject to the restrictions and liabilities contained in the act entitled "An act