No roads or streets to be opened through lands

for that cause be deemed to be dissolved, but such election shall be held at such other time and place as the board of directors for the time being shall or may appoint; and the directors for the time being shall continue in office until new ones shall be elected in their stead; and every board of directors, as soon as conveniently may be after their election, shall appoint from their number a president of said company, to serve until the then next annual election of directors, and until another shall be appointed in his stead; and also a secretary, treasurer, and such other officers and agents as may be deemed necessary and proper.

6. And be it enacted, That no roads or streets shall hereafter be opened through the lands of said corporation, except of corporation. by consent of the board of directors; and the cemetery lands and property of said company, together with the burial vaults, lots, and other erections and fixtures in said cemetery, shall not be subject to any assessment, taxes or fines, or liable to be seized upon, distrained, sold, or otherwise subject to any process of law whatsoever, except for incumbrances existing at or previous to the passage of this act.

Penalty for injuring works

7. And be it enacted, That any persons who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, grave stone, building, or other structure placed in said cemetery, or any fence, railing or other work for the protection or ornament thereof, or of any lot or plat within such cemetery, or shall wilfully destroy, cut, break or injure any tree, shrub or plant within the limits of such cemetery, shall be deemed guilty of a misdemeanor, and such offender shall also be liable in action of tresspass, to be brought in all such cases in the name of the corporation, and to pay all such damages as shall have been occasioned by his unlawful act or acts; such money, when recovered, shall be applied by the managers to the reparation or restoration of the property so destroyed or injured.

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

Approved March 22, 1860.

CHAPTER CXCIII.

AN ACT to facilitate Judicial Proceedings in the county of Hudson.

of clerk of

1. BE IT ENACTED by the Senate and General Assembly of Appointment the State of New Jersey, That the board of chosen freeholders grand juries. in and for the county of Hudson, shall nominate and appoint by a majority of the whole board, under their seal, an officer of the court of oyer and terminer and general jail delivery, holden in said county to be called the clerk of the grand juries, who shall hold his office for the period of one year, unless sooner removed by a majority of the whole board of said chosen freeholders, which they are empowered to do at their pleasure.

oath.

2. And be it enacted, That such clerk of the grand juries, Clerk to take; before entering upon the duties of his office, shall be duly sworn in open court by the court of oyer and terminer and general jail delivery in and for said county, and at each term thereof, well and faithfully to execute the duties of his said office; and further, that he will keep secret the counsel of the state, the grand jury and his own as such clerk.

clerk.

3. And be it enacted, That the duties of said clerk of the Duties of grand juries shall be as follows: to obtain and reccive from the justices of the peace and the coroners of said county, and also from the keeper or warden of the jail of said county, on behalf of such grand jury, at least six days before the session thereof, all complaints, informations, examinations, commitments, inquisitions and recognizances before them, had and taken from time to time, and still remaining; to arrange such complaints, informations, examinations and inquisitions so as to expedite the examinations thereof by the grand jury, separating such of them as shall relate to persons then confined in the county jail, from those which relate to persons at large; to cause subpoenas to be issued under the direction of the

Compensation of clerk.

Penalty for not delivering complaints, etc., to clerk.

Grand jury

may issue ca

pias ad testificandum.

Proviso.

prosecutor by the clerk of the court for said county to persons having knowledge concerning alleged offenders then in said jail, to appear before the grand jury immediately upon their session; and during the session of the said grand jury to issue like subpoenas from time to time as may be requisite; to aid the grand jury, or any committee or member thereof, in forwarding their business and in the examination of witnesses, and to record substantially in a book to be provided, the evidence of all witnesses sworn, and generally to aid and assist the grand jury according to his discretion and ability in the discharge of their duties.

4. And be it enacted, That the said clerk of the grand juries shall receive from the board of chosen freeholders of said county, at each term at the rising of the grand jury, the sum of fifty dollars as compensation for his services.

5. And be it enacted, That it shall be the duty of the justices of the peace and coroners, and keeper or warden aforesaid of said county of Hudson to deliver to the clerk of grand juries, seven days before each session of the courts of said county, all complaints, examinations, commitments, informations, inquisitions and recognizances before them had or taken and remaining; and if any justice shall omit so to do, he shall forfeit and pay to and for the use of the county, twenty dollars, to be sued for in an action of debt by the chosen freeholders thereof.

6. And be it enacted, That it shall be lawful for the grand jury of said county, or the clerk of the grand juries, whenever they shall think it necessary for the furtherance of public justice, to procure to be issued a capias ad testificandum for the bringing before them of any person whom it shall be necessary or proper to examine as a witness before said grand jury, which process shall be issued under the seal of the court as heretofore, by the clerk thereof; and shall be endorsed with his signature by the clerk of the grand juries; provided, that no person shall be detained under such process after being examined before the grand jury, unless the court on representation of said grand jury shall so direct or shall

order him to recognize for appearance to testify on the trial of any indictment found or to be found; and provided further, Proviso. that all such process not ordered by the grand jury shall be endorsed with his approval by the prosecutor of the pleas for said county, or by the attorney-general of the state.

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

Approved March 22, 1860.

CHAPTER CXCIV.

AN ACT to repeal the charter of the Paterson and Hamburgh Turnpike Company.

WHEREAS, the president and directors of the Paterson and Preamble. Hamburgh Turnpike Company have for more than fifty years maintained a turnpike road from the Delaware river to the Passaic river, at Auquackanonk; and whereas, in consequence of the great expense of making and maintaining a road through such a mountainous section of country, and also the great expense of keeping the great number of bridges in repair, so that all the receipts of the road have been expended in repairs, and nothing paid in dividends to the stockholders, and in consequence of numerous railroads leading the travel from said road, so that the receipts are not sufficient to keep the said turnpike road and

Charter re

pealed.

Portion of road to be

way.

bridges in satisfactory repair, therefore it was unanimously resolved at the last annual meeting of the stockholders of the Paterson and Hamburgh Turnpike Company, held at Newfoundland on the tenth of May last, as follows: "That if the board of directors considered it advisable to surrender the said road to the public, to be held as a public highway, they were authorized and instructed to make the application to your honorable body to grant the same;— therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the charter of the Paterson and Hamburgh Turnpike Company, passed the sixth of March, eighteen hundred and six, and all the supplements which have been passed since that time, authorizing the building of a turnpike road from the Passaic river at Auquackanonk to the Delaware river, opposite Milford, be and the same are hereby repealed.

2. And be it enacted, That all that part of the said turnpublic high pike road between the city of Paterson, through the counties of Passaic, Morris and Sussex, to the small brook at the foot of the Hamburgh mountain, on the west side of the same, shall hereafter be deemed and taken as a public highway, and shall be worked and kept in order in the same manner as other highways and bridges are built, maintained and kept in order in this state.

Act, when to take effect.

3. And be it enacted, That this act shall take effect on the second Tuesday of May next.

Approved March 22, 1860