Preamble. Road or street not to be laid out through cemetery. CHAPTER CCCLXV. An Act for the protection and preservation of the Cemetery of the Holy Sepulchre. WHEREAS, certain lands in the county of Essex particularly described in two deeds of conveyance, one from Michael McIntee and his wife to the right reverend James Roosevelt Bayley, bearing date the eighth day of September, in the year of our Lord one thousand eight hundred and fiftyeight, and recorded in the record of deeds in and for the county of Essex, in book ten, page one hundred and thirtysix; the other from Gustavus J. Thebaud and his wife to said James Roosevelt Bayley, dated the twenty seventh day of May, eighteen hundred and sixty-five, and recorded in the record of deeds in and for the county of Essex, in book P. twelve, page seventy-six, containing about thirty-two acres, were purchased and are held to be used as a cemetery to be called and known as "The Cemetery of the Holy Sepulchre," and a considerable part of said land has been laid out as and has been and now is being used as a cemetery for the burial of deceased persons; and whereas, it is desirable and proper that said land shall remain unbroken and undisturbed by any public highway or street; therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall not be lawful for any officer or officers of any township, town or city, or the corporate authorities of any township, town or city, nor for any court, nor for any person to order to be laid out, nor to lay out, open, make, work upon or use any highway, street or private road whatever, on or over the tracts of land mentioned and referred to in the preamble to this act, or on or over either of them; and the said land and every part thereof empt from tax shall be exempt from all public and municipal taxes, rates and assessments whatsoever, and shall not be liable to be sold on execution, or to be applied in payment of any debt due from any individual proprietor who shall own or hold any portion of said land for burial purposes. Property ex 2. And be it enacted, That this act shall take effect imme A Supplement to an act entitled "An Act to incorporate the South Jersey Cranberry Company," approved March tenth, eighteen hundred and sixty-five. 1. BE IT ENACTED by the Senate and General Assembly of Original act the State of New Jersey, That the act entitled "An Act to incorporate the South Jersey Cranberry Company," approved March tenth, eighteen hundred and sixty-five, shall stand and be of full force and effect in law, immediately from and after the passage of this act, except so far as the same may be modified or repealed by the provisions of this act. installments. 2. And be it enacted, That the capital stock of the said Payment of company shall be divided into shares of fifty dollars each, and that all installments of said capital stock shall be paid at such times and places, and to such person or persons as the directors of said company shall from time to time direct, by giving thirty days' public notice of the installments to be paid in, and the time and place of payment, in two or more newspapers printed and circulated in this state, and mailing a copy of one of said newspapers, postage prepaid, with said notice plainly marked, directed to each stockholder at his residence as entered in the books of said company, at least twenty days before the time of payment; and upon failure of payment of such installment, the said directors shall have power to sell the said stock upon like notice as aforesaid, and after deducting from the proceeds of such sale the amount of such unpaid installment, and all expenses and charges due upon said stock, shall pay the surplus, if any there be, to the delinquent holder of said stock. 3. And be it enacted, That the treasurer of the said company give bond. Proceedings when compa cannot agree. Treasurer to shall give bond, with sufficient security, to be approved by the said directors, in the sum of twenty thousand dollars. 4. And be it enacted, That when the said company or its ny and owners agents cannot agree with the owner or owners of such contiguous or adjacent lands mentioned in the fourth section of the act to which this is a supplement, for the use or purchase thereof, or when by the legal incapacity or absence of such owner or owners no such agreement can be made, a particular description of the land so required for the use of the said company, shall be given under the oath or affirmation of some proper agent of the company, and also the name or names of the occupants if any there be, and of the owners if known, and their residence if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause the said company to give notice thereof to the persons interested, if known and in this state, or if unknown or out of this state, to make publication thereof as he shall direct for any term not less than ten days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint under his hand and seal three disinterested, impartial and judicious freeholders, residents of the county in which the said lands may lie, commissioners to appraise the said land and to assess the damages upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, to be expressed therein, not less than ten days; and it shall be the duty of the said commissioners (having first taken or subscribed an oath or affirmation, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding), to meet at the time and place appointed and to proceed to view and examine the said land; said commissioners at the same time taking into consideration all the benefits to be derived from or in consequence of the said drain or drains as the case may be to the said owners, and to make a just and equitable estimate or appraisement of the value of the same and assessment of damages as shall be paid by the company for such lands and damages aforesaid, which report shall be made in writing, under the hand and seal of said commissioners or any two of them, and filed in the clerk's office of the county in which such lands lie, which report or a copy thereof, certified by the clerk of such county, shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy said. land and property, or of the said owners to recover the amount of the said valuation with interest and costs in an action of debt in any court of competent jurisdiction, if they shall neglect or refuse to pay the same for sixty days after demand made of their treasurer. injury to 5. And be it enacted. That if any person shall wilfully Penalty for impair, injure, destroy or obstruct any of the necessary works. works, or any drains or watercourses of the said company, such person or persons so offending shall forfeit and pay to the said company the sum of twenty-five dollars, to be by them recovered in any court having competent jurisdiction in action of debt, and shall be further liable for all damages. 6. And be it enacted, That such parts of the act to which Repealer. this is a supplement, as are inconsistent with this act are hereby repealed. 7. And be it enacted, That this act shall go into effect immediately. Approved March 17, 1870. CHAPTER CCCLXVII. A Further Supplement to the act entitled "An Act to incorporate the Newark and Pompton Turnpike Company," passed February twenty-fourth, eighteen hundred and six. pike road. 1. BE IT ENACTED by the Senate and General Assembly of May sell turnthe State of New Jersey, That from and after the passage of this act it shall and may be lawful for the president and directors of the Newark and. Pompton Turnpike Company to sell or otherwise dispose of the whole or any portion or portions or parts of their turnpike road, upon such terms and conditions, and for such uses as may be agreed upon by the said president and directors of said company, and any other Proviso. Proviso. corporation or body corporate, chartered under or by virtue of any law of this state; provided, that no arrangement to be made as aforesaid shall voluntarily be entered into by said company, to be valid and binding, unless assented to or ratified by at least two-thirds in interest of the stockholders of said company; and provided further, that to render any instrument or instruments executed by said company under the provisions of this act binding and lawful for the uses and purposes therein expressed, the same or a copy thereof shall be filed in the office of the secretary of state of this state, and thereupon said company shall be released and discharged from all authority and control over the whole or such portions or parts of their said turnpike as may be referred to in any such instrument or instruments, and said company shall at the same time be discharged from all liability on account of the same. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1870. CHAPTER CCCLXVIII. A Supplement to the act entitled "An Act to create a new township in the county of Union, to be called the township of Summit." Appointment 1 BE IT ENACTED by the Senate and General Assembly of of policemen, the State of New Jersey, That the township committee of the said township of Summit, may and shall, upon the appli cation in writing made to them by twelve freeholders, residents in the said township, appoint such persons, and so many of them as said committee may deem proper, to be policemen, and make an entry of every such appointment in the book in which the clerk of said township is required by law to enter the name of the persons elected to township offices in said township, and every policeman so appointed shall in the said township, possess all the powers of policemen and of |