When road

may be constructed.

plained of, and after hearing the parties, if the said company shall not have mended or repaired the bridge or part of the road complained of, to appoint, under his hand and seal, three judicious, disinterested freeholders of the county of Camden, not residing in any township through which said road passes, who having been duly qualified, according to law, to act impartially in the case, shall proceed to view and examine said part of the turnpike, road or bridge so complained of, and report to said judge in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such state as the law requires it to be kept, and if the report be unfavorable to said road, said judge shall immediately, in writing, under his hand and seal, order the keeper of the gates or turnpikes to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of said judge to open said gates or turnpikes, exact toll of travellers, he shall for each offence forfeit and pay twenty dollars ($20), to be sued for by any person who shall prosecute for the same in an action of debt, with costs of suit; and the said judge shall be allowed for his services one dollar, and the persons appointed one dollar each, to be paid by the company; and upon due proof before said judge that said company have repaired or mended said road or bridge in the particular complained of, he shall by license under his hand and seal, directed to the toll-gatherers, permit the gates or turnpikes to be shut, and the toll to be collected as before, and the said fee shall be allowed and paid as before directed; but if on the view as before mentioned, the report of the persons appointed, or a majority of them, shall be in favor of the company, the same fees shall be allowed as before prescribed, and be paid by the person or persons making the complaint.

14. And be it enacted, That this act shall take effect immediately; but said company shall not construct their said turnpike along said highway until the same shall be vacated as a public highway, according to law.

Approved February 27, 1858.

CHAPTER LXXV.

A FURTHER SUPPLEMENT to the act entitled "An act establishing a militia system," approved April seventeenth, eighteen hundred and forty-six.

brigade.

1. BE IT ENACTED by the Senate and General Assembly of Orange the State of New Jersey, That the militia in the townships of Orange, Bloomfield and Belleville, in the county of Essex, shall be set off from the Essex brigade, as now existing by law, and shall form a separate brigade, and be called "The Orange Brigade," and shall be attached to the second division of the militia of this state.

brigade.

2. And be it enacted, That to the brigade so set off by this officers of act, there shall be one brigadier general, with one brigade inspector, to serve also as brigade major, with the rank of major, and one aid-de-camp, to be taken from the line, and one brigade judge advocate, one brigade paymaster, one brigade quarter-master; and such officers shall have the same powers, and perform the same duties, as like officers in other brigades of the militia of this state.

of brigade

3. And be it enacted, That there shall be a brigade board Organization of the brigade so set off by this act, composed of the briga- board. dier general, brigade major, field officers, and commandants of regiments and independent battalions of the said brigade, and a majority of them shall be necessary to form a board; and such board shall meet, and have the same powers, and perform the same duties, as like boards in the other brigades of the militia of this state.

4. And be it enacted, That the present brigade officers of the Essex brigade shall continue to hold and exercise the several ranks and commissions which they now respectively hold, notwithstanding they, or any of them, may not reside within the bounds of the same.

Present offbrigade to

cers of Essex

hold their

rank, &c.

cers of

5. And be it enacted, That the present officers of the Present offmilitia in the said townships of Orange, Bloomfield and Orange, Belleville shall continue to hold and exercise, in the brigade and Belle

Bloomfield,

ville to hold

their rank,

&c.

Brigade board may attach companies to regiments, &c.

Election for

brigadier general.

set off by this act, the several ranks and commissions which they now respectively hold, subject to the power of the brigade board to make alterations and arrangements in the regiments, battalions, and companies within the bounds of the same, as authorized by law.

6. And be it enacted, That the brigade board of the brigade set off by this act shall have authority, in their discretion, to attach each of the several uniform companies within the bounds of the brigade to such regiment and battalion as they may see fit, within the bounds of the townships in which a majority of such company shall reside, without reference to the bounds of the regiments or battalions; and that the several regiments, battalions, and companies shall, in all cases when parading or on service, be posted according to the ranks of their respective commanding officers on such parade, to be determined by the dates of their respective commissions.

7. And be it enacted, That it shall be the duty of the major general of the second division of the militia of this state to hold an election for a brigadier general of the brigade set off by this act, within two months after the passage hereof, of the time and place of which he shall give the same notice as in case of a vacancy in such office, and he shall attend and preside at such election; the result shall be certified, and the person elected shall receive his commission, in all respects, as in cases of a vacancy in such office.

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

Approved February 27, 1858.

CHAPTER LXXVI.

A FURTHER SUPPLEMENT to the act entitled "An act to incorporate the Jersey Shore Improvement Company," approved March third, eighteen hundred and fifty-four.

provement

of

road ex

tended.

1. BE IT ENACTED by the Senate and General Assembly of Time for imthe State of New Jersey, That the time limited by the third proviso of the eighth section of the act to which this is a supplement, for the expenditure of three hundred thousand dollars in the improvement authorized by said act, be and the same is hereby extended for five years from the first day of January eighteen hundred and fifty-nine, and that the amount expended since the passage of said act in the improvement of the lands conveyed to said company by the trustees who held the title thereto shall be computed as part of said three hundred thousand dollars. Approved February 27, 1858.

CHAPTER LXXVII.

AN ACT to incorporate the Merchants' Insurance Company.

corporation.

1. BE IT ENACTED by the Senate and General Assembly of Style of inthe State of New Jersey, That all such persons as shall become stockholders in the capital stock hereinafter mentioned, their successors and assigns, are hereby constituted

General powers.

Proviso.

Amount of capital stock.

Election of directors.

and made a body politic and corporate, by the name and style of "The Merchants' Insurance Company," and by that name shall be known in law, and have power to sue and be sued, and to defend and be defended, in all courts, whether in law or equity; and by that name may also have, purchase, possess, and enjoy, and to them and their successors, lands, tenements and hereditaments, goods, chattels and effects, of what nature or kind soever, necessary for the purposes of this corporation, and the same to grant, demise, alien, and dispose of at pleasure, for the benefit of the said company, and may also have a common seal, and alter and renew the same at pleasure, and also to create and establish such by-laws and regulations as shall seem necessary and expedient for the government of the said corporation, and to put the same in execution; provided the same be not contrary to the laws of this state or of the United States.

2. And be it enacted, That the capital stock of the said company shall be one hundred thousand dollars, divided into shares of fifty dollars each, with privilege to increase the same to two hundred thousand dollars, and that onehalf of said capital stock shall be actually paid in before it shall be lawful for said company to commence the business of insurance.

3. And be it enacted, That the business, property, and affairs of the said company shall be managed and conducted by such directors, not less than seven or more than fifteen in number, as may be elected for that purpose, a majority of whom shall form a quorum, which directors shall hold their offices for one year and until others shall be chosen, and they shall at all times during their continuance in office be stockholders in their own right, and a majority of them shall be citizens of this state; said directors shall be elected on the first Monday in March in each and every year, at such hour of the day, and at such place in Somerset county as the board of directors for the time being shall direct, of which election two weeks' public notice shall be given in the newspapers printed in Somerville; and each share of