State stock in Newark turnpike may be exchanged for stock in N. Jer sey rail road company. the trustees for the support of free schools, be, and they are hereby authorized to subscribe for two hundred and fifty shares in the capital stock of the "New-Jersey Railroad and Transportation Company," in exchange for the said two hundred and fifty shares of the stock of the "Newark Turnpike Company" Provided, that if at any time during the continuance of their charter, the dividends declared by the "NewJersey Railroad and Transportation Company," shall not amount to eight per cent. per annum, on the par value of the stock hereby authorized to be subscribed for, that in such case it shall be the duty of the said company, to pay such deficiency to the said trustees, out of the funds of the said company, before any dividend is made to the other stockholders; and provided also, that upon the transfer of the stock held by the state, in the "Newark Turnpike Company," to the "New-Jersey Railroad and Transportation Company," the said Railroad company, shall hypothecate the same to the said trustees with authority to receive all the dividends that may accrue thereon, as security for the faithful compliance, on the part of the said Railroad company, with the provisions of this act; and provided also, that in case the state shall sell the said Railroad stock, during the continuance of the charter of the said Railroad company, that the said Railroad company shall be released from the guarantee of the amount of dividends on the said Railroad stock in the hands of the purchaser thereof, and that the said turnpike stock shall thereafter belong to the said Railroad company, discharged of the pledge thereof to the state; and provided further, that until the said New-Jersey Railroad and Transportation Company, shall declare a dividend on their said stock, the said company shall pay to the said trustees out of the funds of the said company, eight per centum per annum on the par value of the said stock so subscribed for, to be computed from the day on which the last dividend on the stock of the said Newark Turnpike Company was declared; and if at any time the said New-Jersey Railroad and Transportation Company shall fail to declare a dividend on their said stock, the said company shall nevertheless pay to the said trustees the said amount of eight per cent. per annum on the par value of said stock so subscribed for as aforesaid. Passed February 27, 1834. AN ACT relating to the lands belonging to this state, at BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Andrew P. Hopper, Peregrine Sanford, and Elias B. D. Ogden, be, and they are hereby appointed commissioners, to take charge of the lands belonging to this state, situate at, and near Paterson, in the county of Essex, for the ensu ing year; and they are hereby authorized to lease the whole or part of the same, in one or more lots or parcels, and for such price as they can procure; Provided, no such lease shall be for a term exceeding five years, and that they report to the next sitting of the legislature. Passed February 27, 1834. AN ACT to authorize Peter Spader and James S. Nevius, administrators with the will annexed of John Dennis, junior, deceased, to convey certain real estate. WHEREAS Ezekiel Kinnan, acting executor of John Dennis, junior, deceased, sold a certain house and lot, situate on the corner of George and Patterson streets, in the city of New-Brunswick and county of Middlesex, to Charles Smith and James S. Nevius, trustees of Maria Dennis, but departed this life without having conveyed the same pursuant to the conditions of said sale; AND WHEREAS letters of administration, with the will annexed, of said John Dennis, junior, deceased, were granted to Peter Spader, and James S. Nevius, after the death of said Ezekiel Kinnan, to whom the said trustees accounted for the purchase money of said house and lot, according to the terms of their said contract; AND WHEREAS the said trustees have entered into a contract for the sale of said house and lot, with John P. Van Arsdalen; in order therefore to vest the title thereof in the said John P. Vanarsdalen BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Peter Spader and James S. Nevius, administrators as aforesaid, be, and they hereby are authorized and empowered to make, execute and deliver to the said John P. Preamble. Administrators authorized to certain lands. make deeds for Vanarsdalen, a good and sufficient deed of conveyance, in fee simple, of the said house and lot, upon his paying or securing to said trustees the consideration money, according to the terms of his said contract; and that such deed duly executed, delivered and recorded, shall be valid and effectual to convey to the said John P. Vanarsdalen, his heirs and assigns, all the estate in said premises to which the said John Dennis, junior, or his heirs or devisees, or the said trustees were or are seized of or entitled to. Passed February, 27, 1834. Trustees ap pointed to take certain lands in possession. Proviso. AN ACT to protect certain real property in the possession of the state, in the county of Bergen, and late of John G. Leak, deceased. Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That George Cassedy, John M. Cornelison and John Engle, be, and they are hereby appointed trustees to take into their possession, all that farm and parcels of land now in possession of the state, and late of John G. Leak, deceased, with full authority, to prosecute in the name of the state, in an action of trespass, every person committing trespass thereon, and that the said trustees shall have care of and prevent from waste, the said premises, the same as if the title was vested in them, until this act be repealed, or other trustees are appointed in their places: provided, that the said George Cassedy, John M. Cornelison and John Engle, when thereunto legally required, surrender the premises to the right heirs at law to the same, or to the authorities of this state, as the case may be, on further investigation of the descent of the real estate of the said John G. Leak, deceased. Sec. 2. And be it enacted, That the said farm and parcels Lands chargea of land, shall be chargeable with the expenses of the said ble for expense. trustees, in protecting the same, payment of taxes, and other reasonable charges; they the said trustees, rendering a true account of the damages recovered on actions of trespass brought, to the attorney general of this state, and make report of their proceeding hereof, to the next legislature. Parts of former acts repealed. Sec. 3. And be it enacted, That all acts or parts of acts, inconsistent with the provisions of this act, be, and the same are hereby repealed. Passed February 27, 1834. A FURTHER SUPPLEMENT to the act entitled "An act constituting courts for the trial of small causes," passed February twelfth, eighteen hundred and eighteen. Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That every justice of the peace, whose term of office Justice may make and certify has already expired or may hereafter expire, or who has re- transcripts from signed or may hereafter resign, shall and may, when required his docket after so to do, make out transcripts from his docket or dockets, office. under his hand and seal, and certify them as late justice of the peace, which said transcripts so certified, shall be used as evidence in all courts of law and equity in this state, and have the same force and effect, and be liable to the like legal objections as though the said justice was still in commission. expiration of from office de Sec. 2. And be it enacted, That if any of the justices of Dockets of justhe peace of this state, shall be hereafter removed from his tices removed office by impeachment, the docket or dockets of the said jus- posited in clerk's tice, shall be forthwith deposited in the clerk's office of the office. county in which he resides, at the time of such impeachment, three to be kept as a public record. Sec. 3. And be it enacted, That if any justice of the peace, Justices remov either before or after the expiration of his term of office, shall ing from the be about to remove from the county in which he was com- county to depomissioned, it shall be his duty to deposit his docket or dockets in clerk's office. in the clerk's office of said county, prior to his removal therefrom, there to be kept as a public record. site his docket Justices and Sec. 4. And be it enacted, That the said justices of the peace and their legal representatives, shall, and may, at all their representatimes after the said docket or dockets are deposited as afore- tives to have acsaid, have free access to the same without payment of any dockets. cess to deposit fees to the clerk therefor, to enable them to recover any costs which may be due the said justices thereon; and if any justice of the peace shall neglect or refuse to deposit his said docket or dockets at the time and in the manner by this act directed, he shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt with costs, in any court of competent jurisdiction, and paid when recovered, to the collector of the county for the use of the county, and such suit to be brought by the county collector in his own proper name, for the use of the county. ant. Sec. 5. And be it enacted, That if any defendant here- When costs of after sued before a justice of the peace, shall demand a trial jury not to be by jury, and such jury shall find in favor of the defendant, paid by defendthen, and in that case, no part of the costs of the said jury or of the venire, summoning, or attendance upon the said jury, shall be paid by the defendant, but shall be taxed as the other costs of said suit against, and be paid by the plaintiff. Sec. 6. And be it enacted, That so much of the sixth section of the act, passed the twenty-third day of November, in the year of our Lord, one thousand eight hundred and twenty-one, as requires the party appealing, to make an affidavit that the said appeal is not intended for the purpose of delay, and that he verily believes he has a just and legal defence to make to the merits of the case, shall be so construed as to give jurisdiction to the courts of common pleas, in this state, in all cases of appeal from judgments rendered upon the verdict of a jury, pending in said courts, notwithstanding the affidavit of the appellant may have been made before some other justice of the peace, than the one who tried the cause; Provided, said affidavit be in other respects in conformity with said act. Sec. 7. And be it enacted, That so much of the twentieth section of the act concerning courts for the trial of small causes, passed February twelfth, eighteen hundred and eighteen, as comes within the purview of this supplement, or any part thereof, be, and the same is hereby repealed. Passed February 27, 1834. AN ACT making further appropriation for erecting the New- Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That in addition to the amount heretofore directed by law to be drawn by the governor or person administering the government of this state, in favor of the commissioners appointed to build the New State Penitentiary, he shall be and is hereby authorized to draw in favor of the said commissioners from any unappropriated moneys in the treasury of this state, the further sum of fifty thousand dollars. Sec. 2. And be it enacted, That in case there should not be an amount of unappropriated money in the treasury of this state, sufficient to meet the drafts as authorized by this act, it shall and may be lawful for the governor or the person administering the government of this state, to borrow an amount of money sufficient to meet the appropriations as aforesaid, at a rate of interest not exceeding six per centum per annum, and to reimburse the same at any time not less than one year, from the time of contracting the loan; and the governor or person administering the government of this state, |