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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I il I • ,,, :j / i /Uav';'--'-'''''^ '-<":■■' /X JlOnr-;,^--'' ^ 'y '. ' 4 w • • • GENERAL PUBLIC ACTS • •_• • # « PASSED BY THE NINETY-NINTH LEGISLATURE. CHAPTER XV. Supplement to the act entitled " An Act for the instruc- tion and maintenance of indigent deaf and dumb, blind, and feeble minded persons, inhabitants of this State." 1. Be it enacted hy the Senate and General Assembly o/Extension of the State of New Jersey ^ That whenever any person en-*^'^^'^^*y*^® titled to the benefits of this act, and who shall have been ^ in any institution for the term of eight years, shall make application to the governor, endorsed by the principal of such institution, for an extension of term, such applica- tion can be granted, and the term ef years shall be left to the discretion of the governor. 2. And be it enacted, That this act shall take effect im- mediately. JOHN W. TAYLOR, President of the Senate, GEORGE 0. VANDERBILT, Speaker of the House of Assembly, Approved February 9, 1875. JOSEPH D. BEDLE, Governor, / 12 . GENERA.L -JPUBLIC LAWS. - • • • ♦, . • • • . -. •' CHAPTER XVI. ^ .*j^\B'iirther Supplement to an act entitled " An Act to • *»l''J*' authorize the establishment and to prescribe the duties of companies for manufacturing and other purposes," approved March second, eighteen hundred and forty- nine. Provisions ex- 1- ^E IT Ky! ACTED by the Senate and Ge^ieral Assembly of tended !o co- (he State of Neio Jersey y That the act to which tliis is a sup- cmtions!* ***** plement shall be held to extend to persons who associate together far the purpose of establishing co-operative stores, to carry on the trade or trades of general and re- tail dealers in all kinds of goods and merchandise, both manufactured articles and products of the soil, including meats, minerals, implements, machinery and fertilizers. May establish 2. A7id be it eiiacted, That all companies that shall or "" may be established under this act, for the j)urj>08es afore- said, shall have the power to establish branch stores. 3. And be it enacted, That this act shall take eflect im- mediately. Approved February 10, 1875. branch stores. CHAPTER XXV. A Further Supplement to an act entitled " An Act for the relief of persons imprisoned on civil process," approved March twenty -seventh, one thousand eight hundred and seventy-four. Discharge of 1. Be IT ENACTED by the Senate and. General Assembly of prisoner. ^^ g^^^^ ^j -^^^ Jersey, That w' here any i)erson shall be iniprisoned by virtue of any order, writ, or process made SESSION OF 1875. 13 by or issued [out] of the court of common pleas, the court making such order, or out of which said writ or process has issued, is hereby authorized to discharge the person so imprisoned at the discretion of said court, whenever, in the judgment of said court, the ends of justice require guch discharge ; provided, theit when such imprisonment Proviso, shall be legal no order for the discharge of the person so f imprisoned shall be made, unless the president judge of the siiid court sliall be present and consent thereto. 2. And be it enacted, That this act shall go into effect immediately. Approved February 16, 1875. CHAPTER XX VI. An act to confirm acknowledgments and proofs of deeds, mortgages and other instruments of writing taken by Frederick R. Anderson. Whereas, it appears to the legislature that Frederick R. Preamble. Anderson was duly appointed by the governor of this state, a commissioner lor the state of New York, at the city of New York, to take the acknowledgments and proof of deeds and mortgages of lands lying in this state, and any other instruments in writing under hand and seal required by the laws of this state, to be ac- knowledged or proved, and that the said Frederick R. Anderson inadvertantly continued to take acknowledg- ment and proof of deeds, mortgages and other written instruments as such commissioner after the expiration of the term of his commission, by reason of which such acknowledgments and proofs are defective, and inno- cent persons may be subjected to loss ; therefore, for the remedy of the same, 1. Be it enacted by the Senate and General AssenMy o/Acknowiedg- the State of New Jersey, That no acknowledgment or proof "^^"^jj'j'i**^ » ^ of any deed, mortgage or other instrument of writing, heretofore taken and certified by the said Frederick R. 14 GENERAL PUBLIC LAWS. Anderson shall be deemed defective by reason of such acknowledgment or proof having been taken and certi- fied after his term of office had expired, but all such ac- knowledgments and proof shall have the same validity and effect as if the said Frederick R. Anderson had been at the time of taking and certifying such acknowledg- ments and proofs duly authorized by law to take and certify the same. 2. And be it enacted, That this act shall take effect im- mediatelv. Approved February 16, 1875. Preamble. CHAPTER XXXII. An act relating to the tlevised Statutes of this State. Whereas, An act entitled " An Act to provide for the re- vision and consolidation of the public statutes of this state," approved April fourth, one thousand eight hun- dred and seventy-one, designated Mercer Beasley, Cort- land Parker and David A. Depue, commissioners " to revise, simplify, arrange and consolidate all the public acts of the legislature of this state which are general and permanent in their nature ;" and whereas, the said commissioners presented to the legislature at the session of one thousand eight hundred and seventy -four a por- tion of the revision so provided for, which portion was adopted by the legislature, approved by the governor, and ordered to take effect on the first day of January, one thousand eight hundred and seventy-five ; and whereas, no provision having been made by law for the publication of any portion oi said revision before the whole was completed, the governor of the state, at the request of the said commissioners and with the advice of the attorney-general and the comj)troller of the treasury, ordered one thousand copies of the said com- pleted portion to be printed, in view of the imperative necessity that existed for their publication ; therefore SESSION OF 1875. 15 1. Be it enacted hy the Senate and General Assembly o/" uevieed sta- rts State of New Jersey , That the volume designated " re- by^X^Jfthe \ised statutes of New Jersey, printed by order of the governor;' to governor," shall be received in evidence, before any court ^®jj^^®^*° in this state. 2. And be it enacted, That for the purpose of paying the Appropriation bills for paper, composition, press work, freight and inci- ex^p^neee of' ^ dental expenses attending the printing of one thousand pnn^"K» *o. volumes of the said revised statutes, there is hereby appro- priated the sum of three thousand dollars, or so much thereof as may be necessary ; and the comptroller is here- by directed to draw his warrants upon the treasury for the amount of such bills (not exceeding the aforesaid sum of three thousand dollars) on the presentation and ap- proval of proper vouchers. 3. And be it enadedy That all acts or parts of acts incon- Repealer, sistent with this act, be and the same are hereby repealed, and this act shall take effect immediately. Approved February 17, 1875. CHAPTER XXXIII. A Further Supplement to the act entitled " An Act for the better enforcement in Maurice River Cove and Delaware Bay, of the act entitled ' An Act for the preservation of clams and oysters,' approved April fourteenth, eighteen hundred and forty-six, and of the supplements thereto." 1. Be it enacted by the Senate and Oeneral Assembly q/ Declared un- ihe State of New Jersey, That it shall not be lawflil for any I,7j^l,*(»i^**** Serson or persons to catch or assist in catching oysters in catching oys- laurice River Cove, or on any planting ground or [f ™'o^][ft|r'"°' grounds in the waters of Delaware Bay, before sunrise or eun»et. after sunset, and any person or persons so offending, shall, for every such offence, forfeit and pay the sum of fifty dollars, to be recovered, with costs, in an action of Penalty. 16 GENERAL PUBLIC LAWS. debt, by any person who shall sue for the same in any court in this state having cognizance of that sum, one half of the said fine to be added to the oyster fund pro- vided for in the act to which this is a supplement, and the other half to go to the person who shall sue for the same. Special officer 2. And be it enacted, That the special officer created by pL'rLn^oTpo"^ ^^® ^^^ ^ which this a supplement, shall have full power sons found to seizc and arrest any person or persons found stealing iJTcertwD^*^^" oysters in Maurice River Cove or Delaware Bay, or from waters. the banks in Maurice River, or in any of the rivers or creeks of Cumberland county, and any person or persons convicted of such offence, shall, for every bushel of oysters Penalty. found in his or their possession, pay the sum of one dollar and fifty cents, and sliall also, for every such offence, forfeit and pay the sum of one hundred dollars, to be recovered, with costs, in an action of debt, by any person or persons who shall sue for the same in any court in this state having cognizance of that sum ; one half of said fine to be added to the ovster fund provided for bv the act to which this is a supplement, and the other half to the person who shall sue for the same. Oyster beds not 3. And he it euactcd, That the natural oyster beds in for^VnHn^^^^ MauHcc Rivcr Cove and Delaware Bay, known severally oysters, nor be as the East Poiut bcds, Andrew's ditch beds, the Pepper dredged upon. ]^q^^ ^ud the Ballast beds, and the beds that fall bare at low tide, shall not be occupied for planting oysters, nor be dredged upon, nor shall oysters be t^iken from the said beds, nor from any of the rivers or creeks of Cumberland county for the purpose of planting (but all citizens of this state shall have free access to them to catch oysters for their own use) ; and any person or persons so offending, Penalty. shall, for cvcry such offence, forfeit and pay the sum of fifty dollars, to be recovered, with costs, in an action of debt, by any person who shall sue for the same in any court of this state having cognizance of that sum ; one half of the said fine to' be added to the oyster fund provided for in the act to which this is a supplement, and the other half to go to the person who shall sue for the same. Time and place 4. And be it enacted, That the annual meeting for the Tne for^eiect^on election of officcrs as directed in the act to which this is a oi officere. suj)plement, shall be held at the town hall in the village SESSION OF 1875. 17 of Port Norris, in the county of Cumberland, between the hours of nine o'clock in the morning and two o'clock in the afternoon, on the first Tuesday of March, one thou- sand eight hundred and seventy-five, and annually thereafter at the same place and on the same day of the month. 5. And be it enacted, That at the next annual meeting Eie<)Hon of an to be held as aforesaid, there shall be elected a committee, mut^.^ ^^^ consisting of five, to be called the auditing committee, whose duty it shall be to examine and audit the accounts and vouchers of the collector of the oyster fund and make reports thereon at each annual meeting. 6. And be it enacted,, That all acts and parts of acts in Repealer, conflict with the provisions of this act be and the same are hereby repealed, and that this act shall take efiect immediatelv. Approved February 18, 1875. CHAPTER LIII. A Further Supplement to an act entitled " An Act to reg- ulate the sales of real estate made under a public statute or the direction of a court," approved April fifteenth, eighteen hundred and forty-six. 1. Be it enacted by the Senate and General Assembly o/ Provisions of the State of New Jersey, That the provisions of the act en- JlJ^l^xtenn' titled " A supplement to an act entitled an act to regu- late sales of real estate, made under a public statute or the direction of a court," which supplement was approved March twenty-ninth, eighteen hundred and seventy-one, are hereby extended to all sales made before the passage of this act. 2. And be it enacted, That this act shall take effect im- mediately. Approved February 24, 1875. 2 18 GENERAL PUBLIC LAWS. CHAPTER LIV. A Further Supplement to an act entitled " An Act rela- tive to the sale and disposition of the real estate of in- fants," [revision] approved March twenty-seventh, eigh- teen hundred and seventy-four. Rentchaixe 1. Be IT ENACTED hy the Senate and General Assembly of and rent re- fj^^ g^^f^ ^f jy^^^ Jersey, That the word "lands" and the served on anv ^ conveyance ofwords "real estate," wherever they occur in the act to to°be^n?iiided which this is a supplement, and in any and every sup- in word plement to said act, shall embrace and include, and shall words*'' reaf ^^ deemed to embrace and include any and every rent estate." charge, and any and every rent reserved on any convey- ance of land in fee simple, heretofore made or hereafter to be made ; and any and every rent granted out of any lands by deed, heretofore made or hereafter to be made. 2. And he it enacted^ That this act shall take effect im- mediately. Approved February 24, 1875. CHAPTER LV. A Supplement to the act entitled " An Act for the relief of persons imprisoned on civil process ;" [revision] ap- proved March twenty-seventh, eighteen hundred and seventy-four. ProoeedinKBon 1- Be IT ENACTED by the Senate and General Assemldy of petition for dis- the State qf New Jersey f That if upon the hearing before fnsolvenr *" the court of common pleas of any county in this state, of debtor. the application and petition of any person for the benefit of the insolvent laws of this state, and for his discharge as an insolvent debtor, under the provisions of the said SESSION OF 1875. 19 act lo wliich this is a supplement, or of the act entitled "An Act for the rehef of persons imprisoned on civil process/' approved April sixteenth, eighteen hundred and forty-six, or of any supplement thereto, the said court shall fail or refuse, for any reason, to discharge such per- son as an insolvent debtor, as provided in said laws, and such person upon such refusal, shall surrender himself immediately to the sheriff or keeper of the jail of said county, it snail be lawful for such person thereupon to make out and deliver to such sheriff or keeper a new in- ventory and a new bond as and in the manner, and of the tenor and effect mentioned in the second section of the said act to which this is a supplement ; whereupon such person shall be discharged from the custody of such sheriff or keeeper ; and he shall be entitled to make a new application to said court for his discharge under the said act, and the same proceedings shall be had for that purpose, as fully and effectually as if no previous appli- cation had been made. 2. And be it enacted^ That this act shall take effect im- mediately. Approved February 25, 1875. CHAPTER LXIX. An Act to fix the quorum of the board of trustees of the state normal school and of the state board of education. 1. Be it enacted by the Semite and General Assembly o/ Quorum. the Stale of New Jersey, That a quorum of the^. board of trustees of the state normal school shall consist of six members, and that a quorum of the state board of edu- cation shall consist of eight members. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 2, 1875. 20 GENERAL PUBLIC LAWS. CHAPTER LXXVI. A Supplement to an act passed November twenty-fourth, one thousand seven hundred and ninetv-four, entitled " An Act to prevent the burning of woods, marshes and meadows." jueticee of the 1. Be IT ENACTED by the Senate and General Assembly of ?tTbie8,^over- ^^^ ^^^^ ^/ ^^^ Jersey, That when the woods, marshes or seereofhigh meadows in any part of this state shall be on fire, the teuantfaiid justices of the peace, the constables and the overseers of agents inny the Jiighwaj^s, residing in the vicinity of said fire, and the umYto'HWiist owner or owners of such woods, marshes and meadows, ill extinguish- their tcuauts, agents, superintendents, watchmen, and p"rogre88o^^'"^ person or persons in charge of the same shall, and they fires. are hereby severally authorized, required and em- Eowered, forthwith, to order such and so many of the in- abitants within their respective jurisdictions, or residing in the vicinity of said fire, as they shall severally deem necessary, to repair to the place where such fire shall pre- vail, and there to assist in extinguishing or stopping the progress of the same, and if any person so ordered to as- sist in manner aforesaid, by either one of the persons above named, shall refuse or neglect to comply with such Penalty for le order, he shall forfeit and pay five dollars for every re- ordere!^ ^^^^ fusal or ucglcct to obcy such order, to be recovered by action of debt, with costs of suit, by the owner or owners of such woods, marshes or meadows before any justice of the peace>of the county where such order or notice has been given, and the oath or affirmation of the person who shall give such order or notice, shall be sufficient evi- dence whereon to convict such offender, and the forfeit- ure so recovered shall be applied as a reward to such per- son or persons as the officers aforesaid, or the major part of them shall deem best entitled thereto for superior ex- ertion at the extinguishment or in stopping the progress of such fires. SESSION OF 1875. 21 2. And be it enacted^ That this act shall take effect immediately. Passed March 3, 1875. CHAPTER LXXXVI. A Further Supplement to the act entitled " An Act re- specting conveyances," [revision,] approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be IT ENACTED by the Senate avd General Assembly o/CommiRsionfre (he State of New Jersey, That it shall and may be lawful K^'^of'" for any commissioner for the state of New Jersey, in and Now Jersey. for the states of Pennsylvania and New York heretofore appointed, or who may hereafter be appointed, under and in pursuance of said act, and the several supplements thereto, to reside in the stat^ of New Jersey ; but nothing in this act shall be so construed as to empower such com- missioner to exercise the duties, of his office outside the states of Pennsylvania and New York ; and the acts of any such commissioner who may have resided in the state of New Jersey during his term of office, or any part thereof, or who may hereafter reside in New Jersey, shall be as valid and effectual in law, as if he had during such time resided in the states of Penrisvlvania and New York. 2. And be it enacted^ That this act shall take effect im- mediately. Approved March 9, 1875. 22 GENERAL PUBLIC LAWS. CHAPTER LXXXVII. • A Further Supplement to an act entitled " An Act to pro- vide a digest of the law and equity reports of the state of New Jersey," approved April ninth, eighteen hun- dred and sixty-seven. Treasurer di- 1. Be IT ENACTED by the Senate and General Assembly of fw'w iee^o^ ^^^ ^^^ ^^ ^^^ Jersey, That upon the delivery hereafter diK«t. * to the treasurer of copies of either of the volumes of the digest prepared by Bennington F. Randolph, well bound and in good condition, the copies so delivered shall be paid for, notwithstanding the time heretofore limited for delivery thereof has expired, and without complying with any other requirements or conditions in the said act or Proviso. any supplement thereto ; provided, that the size and price of each volume, and number of volumes, and number of copies of said digest delivered shall be as heretofore authorized. 2. A7id be it encLcted, That this act shall take effect im- mediatelv. Approved March 9, 1875. CHAPTER LXXXVIII. A Supplement to an act entitled " An Act to provide for the compilation and publication of an index of all the public laws of this state," approved April third, eigh- teen hundred and seventy-three. Repealer. 1. Be IT ENACTED by the Senate and General Assembly of the StaJte of New Jersey, That so much of the first section of the act entitled " An Act to provide for the compila- SESSION OF 1875. 23 tion and publication of an index of all the public laws of this stat«," approved April third, eighteen hundred and seventy-three, as provides for the compilation and publication, among others, of a complete index of the public laws, passed by the colonial government of this state, be and the same is hereby repealed, so that the said section shall only provide for the coinpilation and publi- ^ cation of a complete index of all the public laws of this state. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 9, 1875. CHAPTER XCVI. A Further Supplement to the act entitled " An Act to pro- vide additional accommodations for the insane of this state," approved March thirty-first, one thousand eight hundred and seventy-one. 1. Be it enacted by the Senate and General Asaewbly o/Amonntof the State of New Jersey, That in order to enable the com- propriatU)if %r missioners appointed under said original act and the sup- new nsyinn plement thereto, approved March twenty-sixth, one thou- "* *"^" sand eight hundred and seventy-four, to continue the erection, construction, furnishing and completion of said asylum buildings, grounds and appurtenances, and to make the same ready for the reception of patients, and to further discharge the trust committed to them, the sum of nine hundred thousand dollars be and the same is here- by appropriated, to be paid by the treasurer of the state out of any funds in the treasury not otherwise appropria- ted at any time during this session or necessary for the current expenses of the state, and in case of a deficiency in the treasury to meet the whole appropriation, the said appropriation to be qualified accordingly on warrant of the comptroller, which shall be drawn on the requisition of the said commissioners. 24 GENERAL PUBLIC LAWS. Name and tme. 2. And be it enacted, That the asylum now in the course of construction and completion by the aforesaid commis- sioners, shall be known by the name, style and title of ." The State Asylum for the Insane at Morristown, New Jersey," and that for the purpose of organizing the de- tails connected with the opening of said asylum, and for the purpose of opening the same for the admission of pa- tients as soon as practicable, the aforesaid commissioners are hereby constituted a board of managers for said asy- lum, until otherwise ordered, with all the powers and au- thority given by law to the managers of the New Jersey State Lunatic Asylum," and that the said " The State Asy- lum for the Insane at Morristown, New Jersey," ^hall, in all matters relating to the admission, treatment, continu- ance, and discharge of patients in and from the same, be subject to all the laws now in force relative to the said " New Jersey State Lunatic Asylum." 3. And be it enactedy That this act shall take effect im- mediately. Approved March 10, 1875. CHAPTER CI. A Further Supplement to the act entitled " An Act to au- thorize the establishment, and to prescribe the duties of companies for manufacturing and other purposes," approved March second, one thousand eight hundred and forty-nine. Repealer. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section twenty-four of the act to which this is a supplement, be and the same is hereby repealed. 2. And be it enacted, That this act shall be deemed a public act and take effect immediately. Approved March 11, 1875. SESSION OF 1875. 25 f CHAPTER CII. A Supplement to the act entitled "An Act relative to sales of lands under a public statute, or by virtue of any judicial proceeding," approved March twenty-sev- enth, one thousand eight hundred and seventy-four. 1 Be it enacted by the Senate and General Assembly o/^^^fj*^' . the state of New Jersey, That hereafter one of the news- &:o., may be papers required to be designated by the act to which this ^ubUsh^^fn is a supplement, for the publication of advertisements of ihe German sales and of adjournments thereof may be printed and **^^""^®- published in the German language ; or the officer having* charge of any sale of real estate, may, in addition to the publication required by the act to which, this is a further supplement, select a newspaper printed in the German language, circulating in the neighborhood of the prop- erty to be sold, whenever the sale, in his opinion, will be promoted by the publication of the advertisement thereof in said newspaper. 2. And be it enacted, That the same fees shall be allowed ^eee. and paid for the publications under this act as in other cases, and this act shall take effect immediately. Approved March 11; 1875. CHAPTER CHI. An Act for the support of the State Reform School for Boys. 1. Be it enacted by the Senate and General Assembly o/ Appropriation ihe Stale of New Jersey, That the sum of twenty-five thou- gS,^"! "" sand dollars is hereby appropriated for the maintenance and support of the Reform School for Boys. 26 GENERAL PUBLIC LAWS. Appropriation 2. And be it enacted, That for the erection of a work- to^baiid work-gjjQp ^j^^ f^j. ^j^^ necessary improvement and repairs of other buildings, the further sum of five thousand dollars is hereby appropriated. How paid. 3. And be it enactedy That the treasurer of the state is hereby directed to pay to the trustees of the school the aforesaid sums on warrant of the comptroller. 4. And be it enacted^ That this act shall take eflFect immediately. Approved March 11, 1875. CHAPTER CXIIL An Act to define the powers of Legislative Committees of Investigation. Committeee 1. Be IT ENACTED by the SencUe and Oeneral Assembly of eompei^attend. ^^^ State of New Jersey, That any joint committee of the ance of wit- legislature, any standing committee of either house, or Dosses. ^^y special committee which shall have been or may be by resolution, directed to enter upon any investigation or inquiry, the pursuit of which shall necessitate sending for persons and papers and the examination of witnesses, shall have power to compel the attendance before them of such person or persons as they may deem necessary and proper, to testify in the matter under investigation, and any member of said committee may swear any person who shall come to testify before said committee ; and any person who shall have been so sworn, and who shall swear falsely shall be guilty of perjury ; and said com- mittee shall be authorized to employ such legal and clerical assistance as they mav deem necessary ; and the treasurer of this state is hereby authorized and directed Expenies, iiowto pay, upon the warrant of the comptroller, such fees and ^" * compensation for the above named purposes, and for the expenses of the sergeant-at-arms in the execution of the warrant mentioned in section two of this act^ as shall be certified to as correct and necessary by the chairman of the SESSION OF 1875. 27 committee, under whose authority and by whose order such expenses shall have been incurred; provided, suchProviao. certificate be first approved by the governor. 2. And be it enacted, That if any person or persons shall ^*y 4""®^!'" , 1 • • . • T_ 1 "^ *!• t 'x 1 rant of arrest be summoned in writing, by order oi any such committee, to testify before it and shall refuse or neglect to obey said summons, it shall be lawful for the speaker of the house of assembly or the president of the senate, upon applica- tion to him, by warrant under his hand, to order the sergeant-at-arms of the house over which he shall preside to arrest such person or persons and bring him, her, or them before said committee ; and it shall be the duty of the sergeant-at-arms to whom such warrant shall be directed to execute the same. 3. And he it enacted, That this act shall be deemed a ' puWic act and shall take effect immediately. Approved March 11, 1875. CHAPTER CXXXVII. An Act to repeal acts relative to the publication of laws in the newspapers of this State. 1. Be IT ENACTED by the Senate and General Assembly of Repealer. the State of New Jersey, That all acts and parts of acte in anywise authorizing or directing the laws of each session of the legislature to be printed in the newspapers of this State be and the same are hereby repealed. 2. And be it enacted, That this act shall take effect immediately. Approved March 16, 1875. 28 GENERAL PUBLIC LAWS. CHAPTER CXXXVIII. Governor em- powered to convey title, Proviso. Proviso. Proviso. An Act authorizing the cession of jurisdiction and con- veyance of lands of this state, under tidal waters, to the United States, to be used as sites for light houses, bea- cons, and other aids to navigation. 1. Be it exacted by the Senate and General Assembly of the State of New Jersey^ That whenever the United States desires to acquire title to land belonging to this state, and covered by tidal waters, for the site of a light house, bea- con, or other aid to navigation, and application is made by a duly authorized agent of the United States, de- scribing the site required for one of the purposes afore- said, then the governor of this state is authorized and em- powered to cause the riparian commissioners to make a survey of the lands required for that purpose, and report the same to him with maps and descriptions, and the gov- ernor shall convey the title of said lands to the United States, upon such terms and conditions as may be agreed upon, and shall cede to the United States jurisdiction over the same ; providedy that no single tract conveyed shall contain more than ten acres ; and that the state shall retain concurrent jurisdiction over the same, so that all process, civil or criminal, issuing under the authority of this state, may be executed by the proper officers thereof, upon any person or persons amenable to the same, within the limits of land so ceded, in like manner, and to like effect, ds if this act had never been passed ; aho provided, that no part of such lands shall be used for quarantine purposes; and provided further, that if the United States shall at any time cease to use said lands for any of the purposes aforesaid, the same shall revert and again become the property of this state. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 16, 1875. SESSION OF 1875. 29 CHAPTER CXXXIX. An Act repealing sections one and two of an act entitled a supplement to the act entitled " An Act to make free the public schools of the state," and supplemental to the act entitled " An Act to establish a system of public instruction," approved March twenty-first, one thous- and eight hundred and sixty-seven, approved March twenty-first, one thousand eight hundred and seventy- four. 1. Be it enacted by the Senate and General Assembly o/ Repealer, the Sinte of New Jersey, That sections one and two of an act entitled a supplement to the act entitled " An Act to make free the public schools of the state," and sup- plemental to the act entitled " An Act to establish a sys- tem of public instruction," approved March twenty-first, one thousand eight hundred and sixty-seven, which said supplement was approved the twenty-first day of March, one thousand eight hundred and seventy-four, be and the same is hereby repealed. 2. And be it enacted, That this act shall be deemed a public act and take effect immediately. Approved March 17, 1875. CHAPTER CXL. An Act to authorize citizens of this state to take appren- tices bound to them outside of this state. 1. Be it enacted by the Senate and General Assembly of the ciHzene of this Stole of Neiv Jersey, That citizens of this state may take and i^ed^^tLk2*ap- enter into indentures executed outside of this state whereby prenticeB minors are bound to them to serve in this state, and that ^Xide of thu * in all such cases parties binding said minors, and the eiate. 30 GENERAL PUBLIC LAWS. masters or mistresses of said apprentices, and said ap- prentices shall be entitled to the same remedies against each other as if the said indentures had been duly exe- cuted in this state. 2. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immedi- ately. Approved March 17, 1875. CHAPTER CXLI. A Supplement to an act entitled " An Act to amend and consolidate the several acts relating to Game and Game Fish," approved March twenty-seventh, one thousand eight hundred and seventy-four. Preamble. Whereas, doubts exist as to the meaning of the sixteenth and twentieth sections of said act, therefore, Where set Hnea 1- Be IT ENACTED by the Senate and General Assembly of may be placed. iJi^ State of Ncw Jersey, That it shall be lawful for any person or persons to place set lines for the taking of fish, m the waters of the Delaware river, north of Reiglesville Delaware bridge ; anything in the act to which this is a supplement to the contrary notwithstanding. Repealer. 2. And be it etmcted, That all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed, and this act shall be deemed and taken to be a public act, and shall effect immediately. Approved March 17, 1875. SESSION OF 1875. 31 r CHAPTER CXLII. A Supplement to an act entitled " An Act constituting Courts for the trial of Small Causes," approved March twenty-seventh one thousand eight hundred and seven- tv-four. 1. Be it enacted by the Senate arid General Assembly o/ justices of the (he State of New Jersey, That it shall and may be lawful {^^o7offi^e for any justice of the peace whose term of office has ha» expired, expired or may hereafter expire, or who has resigned or ^J^^^^^ may hereafter resign, to proceed to the investigation and deienpined be- determination to judgment of any cause then undeter-^^rwi^'JJ'p^jl mined before him, and it shall be the duty of every such justice to grant, when demanded, an appeal from any such judgment, and also from the judgment by him rendered in any cause theretofore brought before him, and also to make return to all writs, orders or rules to him directed issuing out of any court in this state, in the same manner and as fully as though his commission had not expired or he had not resigned. 2. And be it enacted^ That every such justice shall andMayiMue^ite may, w^hen required so to do, issue writs of scire facias to satisfied judj- revive any judgment then remaining unsatisfied upon mento. his docket or dockets, and to issue all and any final pro- cess of execution upon any such judgment so revived, or upon any other judgment then remaining unsatisfied as aforesaid ; and such writs and process shall be returnable before such justice, and shall have the same force and effect and be liable to the same legal objections as though the said justice was still in commission ; provided, that the docket or dockets of such justice then remain lawfully in his po^ession. 3. And be it enadedy That this act shall take eflfect immediately. Approved March 17, 1875. 32 GENERAL PUBLIC LAWS. CHAPTER CXLIIL A Supplement to an act entitled " An Act concerning Mortgages [revision], approved March twenty-seventh, one thousand eight hundred and seventy-four. Fees for rejfie- 1. Be IT ENACTED by the Senate and General Assembly of tering mort- ff^ gi^ qJ ^^^ Jersey y That from and after the passage ^ * of this act, the clerks and registers of the several counties of this state shall charge the sum of seventy-five cents for the registration of each and every mortgage by them registered. 2. And be it enadedy That all acts or parts of acts Repealer. inconsistent herewith be and the same are hereby repealed. 3. And be U enacted^ That this act shall take effect immediately. Approved March 17, 1875. CHAPTER CXLIV. A Further Supplement to " An Act to incorporate Trustees of Religious Societies," approved April seventeenth, one thousand eight hundred and forty-six. Provisions of 1. Be IT ENACTED by the Senate and General Assembly of 3Sf to Re'" ^'^^ ^^ ^f ^^. J^^^^ That the provisions of the' act formed Episco- to which this is a Supplement, and the supplements pal Church, thereto, with all the penalties, privileges, and advantages thereof, shall be, and they are hereby extended to and for the benefit of any religious society, or church, designating itself as the Reformed Episcopal Church, and that any religious society or church so designating itself, shall further have extended to it all the rights, privileges and SESSION OF 1875. 33 advantapos by said act accorded to the Protestant Episco- pal Church of this state, as set forth in sections twenty- fourth, twenty-fifth, twenty-sixth, twenty -seventh, twenty- eighth, twenty-ninth, thirtieth, thirty -first, thirty-second, thirty-third, thirty-fourth, and thirty-fifth of said act. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1875. CHAPTER CLXXII. An Act to provide for an investigation into the origin of fires. 1. Be IT ENACTED by the Senate and Genial Assembly o/ Coroner, Oie State of New Jersey, That whenever it shall be made to JiiTof the "'^^ appear by the affidavit of a creditable witness, that there peace, Bhaii is ground to believe that any building has been mali- ^aUoVhufffida- ciouslv set on fire or attempted to be, any coroner, sherift'j;i*<*^*<^^^^**»- or justice of the peace of the county in which such crime is supposed to have been committed, to whom such affi- davit shall be delivered, and who shall be requested by the president, secretary or agent of any insurance com- pany, to investigate the truth of such belief, shall do so forthwith. 2. And be it enacted, That for the purpose of such in- General vestigation, such officers shall possess all the powers now ^"^^^ ' conferred by law upon coroners, in regard to inquests upon dead bodies. » 3. And be it enacted, That the jury, after being duly Jury to be sworn, .shall, with the officer holding the investigation, hear teHanmny. inspect the place where the fire was, or was attempted, and shall hear the testimony, and after so doing, shall de- liver to the officer holding such investigation, their in- quii?ition in writing, signed by them, in which they shall find and certify how and in what manner such fire hap- pened or was attempted, and all the circumstances at- tending the same, and who was or were guilty thereof, 3 34 GENERAL PUBLIC LAWS. Officer hoIdinf( it)vesti(;aiiun shail have pKiwer to Lasiic process for arrest of party charged. Proviso. Power* of offi- cer issaing process. Testimony shall be re- duced to wri- ting. Costs and ex- penses, bow paid. either as principal or accessory, and in what manner ; if the jury are unable to ai?certain the origin or circumstan- ces of such fire, they shall find and certify accordingly. 4. And be it enacted, That if the jury find that any building has been designedly set on fire, or has been at- tempted so to be, the officer holding such investigation, shall have power to issue process for the arrest of the party charged with such offense, and to commit him to await the action thereon of the next grand jury of that county ; provided, he be not already in custody ; and shall also have power, when in his judgment necessary, to bind over the witnesses to appear and testify at the next crim- inal court of said county. 5. And be it enacted, That the ofiicer issuing such pro- cess, shall have the same power to examine tlie party ar- rested as is now possessed by justices of the peace in crim- inal arrests, and shall proceed in like manner. 6. And be it enacted, That the testimony of all witnesses examined before the jury under this law, shall be reduced to writing, by or under the direction of the oflScer hold- ing the investigation, and shall be returned by him, to- gether with the inquisition of the jury, and all recogniz- ances and examinations taken under his hand and seal, to the next criminal court of record to be held in said county. 7. And be it enacted, That the costs and expenses of such investigation shall be ascertained and taxed in the same manner as it is now provided by law for like services by coroners when holding inquests upon dead bodies, and shall be paid by the insurance company whose president, secretary or agent has requested such investigation ; and any such oflBicer may, before he proceeds to the business of the inquiry, require of the said insurance company a bond in the sum of one hundred dollars, conditioned for the payment of said fees after the conclusion of said in- quest. 8. And be U enacted, That this act shall take effect im- mediately. Approved March 18, 1875. SESSION OF 1875. 35 CHAPTER CLXXIII. A Furtlier Supplement to the act entitled " An Act to authorize the establishment and to prescribe the duties of companies for manufacturing and other purposes," approved March second, eighteen hundred and forty- nine. 1. Be it enacted by the Senate and General Assetnbly o/provigio„s ^f the Slate of New Jersey, That the provisions of the act to act extended, which this is a supplement shall be extended to such per- sons as may associate themselves into a company for the purpose of manufacturing butter and cheese, the pur- chase and sale of milk, and the business incident thereto. 2. And he it enaeted, That any company organized for Amount of the purpose of manufacturing butter and cheese, and cftpitji under the purchase and sale of milk, organized by virtue of pany may or- this act, may organize with a capital stock of five thou- k*^"'^^. sand dollars, and may commence business with a paid up capital stock of one thousand dollars. 3. And be it enactedy That all companies that may be es- General tablished under this act shall possess all the general pow- p*^^*^™- ers given by the act to which this is a supplement. 4. And be it enacted^ That this act shall take effect im- mediately. Approved March 18, 1875. 36 GENERAL PUBLIC LAWS. CHAPTER CLXXIV. A Further Supplement to an act entitled " An Act to ap- point commisioners to erect an addition and make re- pairs to the State House," approved March thirty-first one thousand eight hundred and seventy-one. Approprintion 1, Be IT ENACTED by the Senate and General Assembly of anVttilerations. ^/i^ State of New Jersey, That the commissioners named in the act to which this is a supplement, shall be and they are herebv authorized to malce such alterations in the state house as they and the joint committee on public buildings may deem necessary, to enable the several offi- cers of the state government to properly and conveniently transact the business of their several departments ; and the necessary amount is hereby appropriated to pay for said alterations, not exceeding the sum of fifteen thousand dollars, for which sum the comptroller of the state shall draw his warrant on the treasurer upon the requisition of the commissioners from time to time, in such amounts as the commissioners may require for the prosecution of Proviso. the work ; pivvidedy however, tliat no alterations as afore- said shall be made, until the plans, and the contracts for the same shall have been first submitted to the governor, the president of the senate, and the speaker of the house of assembly, and shall have been approved by them; Proviso. provided further, that such contract or contracts shall be awarded to residents of the state of New Jersev. AccutMte ac- 9. And be it enacted. That the said commissioners shall kept/ * ^ cause all their accounts in relation to the aforesaid alter- ations, to be accurately kept and stated ; they shall de- liver a copy thereof with their vouchers to the comptrol- ler, to be filed in his office and audited according to law. Vncnncios, 3. And be it enacted, That the governor may fill any va- how filled. cancies that exist, or may hereafter occur in the board of said commissioners. SESSION OF 1875. 37 4. And be it enacted, That this act shall take effect im- meciiately. Approved March 18, 1875. CHAPTER CtXXVII. Supplement to an act entitled " An Act for regulating Public Shows," approved March twenty-seventh, one thousand eight hundred and seventj^-four. 1. Be it exacted by the Senate and General Assembly of xmendmen the State of Netv Jersey, That section second of the act to which this is a supplement be amended by striking out the words "three justices of the peace" in the first line before thew^ords "shall have authority," and inserting in the place thereof " any two judges of the court of common pleas;" also, that the word "justices," in the fifth line, be stricken out, and the word "judges " be inserted in the place thereof ; also, strike out all words after the word '* same " in tenth line of said section. 2. And be it enacted, That section three of the act to Amendment, which this is a supplement be amended by striking out words "justices of the peace," in third line, and word "justices," in fourth line, and inserting in the place thereof the words " any two judges of the court of common pleas." 3. And be it enacted, That it shall be the duty of any Penalty, how constable, justice of the peace, or sheriff, to seize and take *'*^^*®^*^**- possession of all the goods and chattels of any person or persons offending against the provisions of this act, and Dold the same until the determination of the action of debt mentioned in section fourth of the act to which this is a supplement, and in case the penalty mentioned in said section is not paid, to expose the same to public sale, and out of the proceeds, after deducting the sum of one hundred dollars, and all reasonable costs and charges, to pay over the balance to the owner or owners of the said goods and chattels. 38 GENERAL PUBLIC LAWS. 4. And be it enacted^ That this act shall take effect immediately. Approved March 22, 1875. Acknowledg- iTients author- ized and legal ized. Proviso. CHAP'^rER CXCV. A Supplement to the act entitled "An Act respecting Conveyances," approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That all acknowledgments and proofs of any deed or deeds of or for lands or real estate in this state, hy any grantor or grantors residing or being out of this state at the time of such acknowledgment or proof, heretofore made or taken or hereafter to be made or taken by or before any judge of any court of record or notary public at the time of such acknowledgment or proof, authorized by the laws of the state or territory, where such acknowledgment or proof is or may be made or taken, to take acknowledgments of deeds of huid or real estate in and for such state or territory, although not authorized or empowered to take the acknowledgments of deeds for this state, shall be deemed and taken to be to all intents and purposes as good and effectual in law and the record thereof admissible in evidence as fully and completely as if uif^de or taken in this state before an officer competent to take the same ; proinded, that such acknowledgment or proof of any such deed or conveyance shall be in all other respects in conformity with the laws of this state, and that the certificate thereof shall have been or be accompanied by a certificate under the great seal of the state or territory, or under the seal of the circuit or other court of the county in which it was or shall . be made, that the person before whom such acknowledgment or proof was made was at the time authorized by the laws of such state or territory to take acknowledgments of deeds for lands or real estate in such SESSION OF 1875. 39 state or territory, which said last named certificate shall have been or be recorded with such deed or conveyance. 2. Aiid be it enadedy That this act shall take effect immediately. Approved March 24, 1875. CHAPTER CCX. fl A Supplement to an act passed November twenty-fourth, one thousand seven hundred and ninetv-four, entitled " An Act to prevent the burning of woods, marshes and meadows." 1. Be it enacted by the Senate and General Assembly o/ Penalty for Hew Jersey, That if any person or persons shall burn or firing woods, smoke out, or attempt to burn or smoke out any squirrel ^ * or squirrels, or any animal or species of game whatsoever, in any woods, forests, marshes or meadows, or other lands in this state, belonging to any other person or corpor- ation, or if fire originates from any such burning or smoking as aforesaid, by any person whatsoever, by means of which any other person or corporation shall be damnified in his or her houses, buildings, fences, woods or other property whatsoever, whether the same be en- closed or not, such person or persons so offending in any of the premises aforesaid shall be deemed to be guilty of a misdemeanor, and oh convi(*tion thereof shall be punished by fine not exceeding one hundred dollars, or imprison- ment at hard labor not exceeding twelve months, or both, at the discretion of the court having jurisdiction thereof (one half of said fine to be paid to the person or persons entering the complaint), and also shall yield and pay double damage to the party injured thereby, to be recov- ered by action on the case, with cost of suit, in any court having cognizance thereof 2. And be it enacted, That this act shall take effect im- mediately. Approved March 24, 1 875. 40 GENERAL PUBLIC LAWS. CHAPTER CCXI. A Further Supplement to the act entitled " An Act to in- corporate benevolent and charitable associations," ap- proved March ninth, one thousand eight hundred and fifty-three. ProviBiong ex- 1. Be IT ENACTED by the Senate and General Assembly of lubordirmte ^^^ Jersey, That the provisions of the act entitled " An rounciifl of the Act to incorporate benevolent and charitable associa- Americau^MV'^^^^^^'^^ approved March ninth, one thousand eight hun- chanioB. drcd and fifty-three, excepting the fifth section of said act, shall be, and they are hereby extended to subordi- nate councils of the Junior Order of American Mechan- Proviao. ics, now formed or to be formed ; provided, that no part of the funds of any council incorporated under this act shall be used for banking purposes. 2. And be it enacted, That this shall be taken and con- sidered as a public act and shall take effect immediately. Approved March 24, 1875. CHAPTER CCXII. A Supplement to an act entitled " An Act for the pre- vention of cruelty to animals," approved April first, one thousand eight hundred and seventy-three. Proceedinirs ^' ^^ ^"^ ENACTED by the Senate and General Assembly of may he \n6\\tu the State of New Jersey, That the proceedings mentioned jastU'^^o^the^^^ ^'^^ thirteenth section of the act to which this is a peace in the supplement, may be instituted before any justice of the fhe offence^is p^acc in and for the county where the offence or off'ences coKDizabie. is or are cognizable, and such justice shall have competent SESSION OF 1875. 41 jurisdiction for such purpose ; and the amount of the forfeiture or penalty so to be recovered as in said section provided for, shall be determined and judgment rendered for the same, in like manner as in actions for the recovery of money or damages in the court for the trial of small causes ; and execution may thereupon issue against the body or goods of the defendant ; and all proceedings in said section mentioned, shall, except as otherwise specially provided, conform to the course and practice of the court for the trial of small causes. 2. And be it encLcted, That any member, oflBcer or agent Member, offi of The New Jersey Society for the Prevention of Cruelty JhRUh^rtike to Animals, may exercise and perform the like powers po^er8j«»»f and duties as of an agent of said society who has been JJied by th?*'* specially deputized by the sheriflf of any county in this^^^eriff. state. 3. And he it enacted^ That this act shall be deemed a public act and shall take effect immediately. Approved March 25, 1875. CHAPTER CCXXXV. An Act concerning the sale of railroads, canals, turn- pikes, bridges, and plank roads. 1. Be it enacted hy the Senate and General Assembly o/RijfhtB.powera, the State of New Jersey, That whenever any railroad, canal, ^^^Jf^I^^i^^T . -1 T_ • 1 11 J i* X* J. i conferred and turnpike, bridge, plank road, of any corporation created imposed on by or under any law of this state, shall be sold and con- p"*"°^"®"* veyed, under and by virtue of any process or decree of any court of this state, or the United States, or of any power or authority duly granted or conferred in and by any mortgage or deed in the nature thereof the person or persons for or on whose account such railroad, canal, turnpike, or plank road, may be purchased, shall be and are hereby constituted a body politic and corporate, and shall be vested with all the right, title, interest, property, possession, claim and demand in law and equity, of, in 42 GENERAL PUBLIC LAWS. New oorpora- tioD, how oi^l^ized. Amount of capital stock, to be in shares of fifty dollars each. May issue pre- ferred stock, and interest bearing bonds. Certificate of organization to be made, and filed of record in office of secretary of state. and to such railroad, canal, turnpike, bridge or plank road, with its appurtenances, with all the rights, powers, immunities, privileges and franchises of the said corpora- tion, which may have been granted to or conferred there- upon by statute or statutes, in force at the time of such sale and conveyance, and subject to all the restrictions imposed upon such corporation by any such act or acts, except so far as the same are modified hereby. 2. And be it enacted, That the person or persons for or on whose account any such railroad, canal, turnpike, bridge, or plank road, may have been purchased, shall meet within thirty days after the conveyance made by virtue of said process or decree shall have been delivered, at the county town of any one of the counties through which the said railroad, canal, turnpike, bridge, or j)lank road may run, public notice of the time and place of such meeting having been given at least once a week for two weeks, in at least one newspaper published in each of the counties in or through which the said railroad, canal, turnpike, bridge or plank road may run, and organize said new corporation by electing a president and board of six directors, to continue in office until the first Mon- day of May succeeding such meeting, when, and annually thereafter, on the said day, a like election for a president and six directors shall be held, to serve for one year. 3. And he it enacted, That at such meeting so held, the said person or persons shall adopt a corporate name and corporate seal, determine tlie amount of the capital stock thereof, and shall have power and authority to make and issue certificates therefor, to the purchaser or purchasers aforesaid, to the amount of their respective interests therein, in shares of fiftv dollars each. 4. And be it enacted, That the said corporation may then, or at any time thereafter, create and issue preferred stock to such an amount and at such times as they mav deem necessary, and from tim.e to time issue bonds at a rate of interest not exceeding seven per centum, to any amount not exceeding their capital stock. 5. And be it enacted, That it shall be the duty of such new corporation, within one month after its organization, to make a certificate thereof, under its common seal, at- tested by the signature of its president, specifying the date of such organization, the name so adopted, the SESSION OF 1875. 43 amount of capital stock, and the name of its president aiid directors, and transmit the said certificate to the sec- rectary of state, at Trenton, to be filed in his office, and there remain of record ; and a certified copy of such cer- tificate so filed shall be evidence of the corporate exist- ence of said new corporation ; provided, that nothing con- Proviso, tained in this act shall divest or in any manner impair the Hen of any prior mortgage or other encumbrance upon the property or franchises conveyed under the sale of said property or franchises, when by the .terms of the process or decree under which the sale has been made, or by operation of law, the said sale is made subject to the lien of any such prior mortgage or other encumbrance. Approved March 25, 1875. CHAPTER CCLV. Supplement to the act entitled " An Act for the relief of Joseph I. Thompson," approved March twenty -seventh, eighteen hundred and seventy-four. Whereas, Joseph I. Thompson, in the execution of his Preamble, duty as sheriff of the county of Monmouth, did in the year eighteen hundred and sixty-two, seize certain vessels for violating the law.s of the state of New Jersey, and three suits were thereupon brought against him in the state of New York ; and whereas, by joint resolution approved on the eighteenth day of March, Anno Domini eighteen hundred and sixty-three, it was directed that said Thompson should be defended in said suits by this state ; and whereas, one of the suits has been tried and a judgment rendered therein against said Thompson in the Supreme Court of the United States, which judgment nas been paid out of the treasury of this state ; and whereas, the other two suits are still pending undetermined ; and whereas, it is important that said suits should be disposed of and terminated, therefore — 44 GENERAL PUBLIC LAWS. The jrovernor, 1. Be IT ENACTED by the Senate and General Assembly of rai*ni!d*comp- ^'^^ *^^^^^ ^f '^^^^'' *^^'*^^i/> That the govemor, attorney-general troiier,einpow-an(l Comptroller of this state are hereby empowered to eredtoact ^^j^^ ^|^g necessary steps to have the said remaining suits tried or settled as to them may seem best for the interest of the state, and they are hereby authorized, (if in their judgment said suits should be compromised,) to agree to a settlement and final determination of the same, upon such terms as they may deem expedient. The state 2. And be it enacted^ That the treasurer of this state thorized^o pay shall pay to the person or persons autlicrized by law to cwte, charges, receive the same, the amount or amounts (if any) which may hereafter be recovered against said Thom{)son in said suits or eitherof them, and all costs and charges incurred or to be incurred, necessary to the defence of the same ; or, if settled without further prosecution, any amount or amounts which may be agreed upon with the person or persons entitled to the same upon such settlement, by the ProvUo. governor, attorney -general and comptroller ; providid, the gross amount paid for the purposes aforesaid, and the expenses incurred in all of said suits unpaid do not exceed the appropriation made by the act to w'hich this is a supplement. 3. And be it enacted^ That this act shall take effect immediately! Approved March 30, 1875. CHAPTER CCLXXIIL Supplement to an act, entitled " An Act to incorporate the Chosen Freeholdera in the respective counties of the state," approved April sixteenth, one thousand eight hundred and forty-six. Special meet- 1- Be IT ENACTED by the Senate and General Assembly of jDfrsof any the State of New Jersey, That whenever it shall be neces- boardofcbosen ."^ '^. i x-r v.ji-i freeholders of sary to convcuc a Special meeting of any board ot chosen this state, how freeholders of this state, as is directed by the tenth convened. "^ SESSION OF 1875. 45 section of the act to which this is a supplement, it shall and may be lawful for the clerk of said corporation, upon receiving notice in writingas required by said tenth section of said original act, to do so by writing under his hand, directed to the respective members of said board and mailed to the post office nearest to the respective places of abode, which said mailing done by said clerk as afore- said, shall be at least ten days prior to the day of meeting. 2. And be it enactedy That such parts of the original Repealer, act as are inconsistent with or repugnant to this supple- ment, be and the same is hereby repealed, and that this act is hereby declared to be a public act and shall take effect immediately. Approved March 31, 1875. CHAPTER CCLXXIV. An Act for the relief of Corporations organized under general laws. 1. Be it enacted by the Senate and General Assembly of^men^eA the. State of New Jersey^ That whenever the original certifi- fnoorporation cate of incorporation, filed by any association undfer any ""'^y ^® fi'^<^- general act for the formation of incorporated companies, is or shall be defective by reason of the omission of any matter required by law to be therein stated, or by reason of defective proof or acknowledgment, or by reason of the same not having been filed in all the offices required by law, the corporators or directors of such association are hereby authorized to make and file an amended certificate in conformitv with the law under which such association was or shall have been organized, and upon such filing and upon due recording of such amended certificate, if required by law, said association shall be deemed and taken to be, and to have been a corporation from the time of filing such original certificate. 2. And be it enadedj That nothing herein shall affect any suit or proceeding, at the time of filing such amended 46 GENERAL PUBLIC LAWS. Pendinjf snits Certificate pending against said corporation, or impair tion*k!^be«ffec-^^y rights of action accrued against the stockholders, ted. corporators or directors. 3. And be it eridded, That this act shall take efifect immediately. Approved March 31, 1875. CHAPTER CCLXXV. A Further Supplement to an act entitled "An Act to incorporate Benevolent and Charitable Associations," approved March ninth, one thousand eight hundred and fifty-three. ProvisioDs ex- 1. Be IT ENACTED by the Senate and General Assembly of tended. ^j^ ^^^ ^j j^^^ Jersey, That the provisions of the act to which this is a supplement be, and the same are hereby extended to all associations of persons which now are or may be hereafter organized in this state, whose object is or shall be to promote social intercourse among their mem- bers, or to provide for them a library and reading room, or a place and the means for engaging in lawful amuse- Proviso. ments and physical exercise ; provided, that the fifth and sixth sections of the said act shall not apply to corpora- tions formed under this supplement. 2. And be it enacted. That this act shall take effect immediately. Approved March 31, 1875. SESSION OF 1875. 47 CHAPTER CCLXXVI. A Supplement to an act entitled " An Act relative to oaths and affidavits," approved March twent3'^-seventh, one thousand eight hundred and seventy-four. 1. Be it exacted hy the Senate and General Assembly o/commissisnerB the State of New Jersey^ That the act entitled "An Act J^-^^^^^" JJ^- relative to oaths and affidavits," approved March twenty- administer seventh,. one thousand eight hundred and seventy -four,***^^- be and the same is hereby amended by inserting the words ** or anv commissioner of deeds" after the words " notary public " in section one of said act. 2. And be it enacted, That this act shall take effect immediatelv. Approved March 31, 1875. CHAPTER CCLXXVIL Supplement to an act, entitled " An Act to regulate the manufacture and sale of fertilizers," approved March twenty-fourth, one thousand eight hundred and sev- enty-four. 1. Be it enacted by tJve Senate and General Assembly o/pennitymay the State of New Jersey, That the penalty or penalties pre- be sued for and scribed in section five of that act, may be sued for anda^fo^n^^^debt! recovered, in an action of debt, in any court of competent '" »ny court of jurisdiction in this state, in the name of any person whoJurisSiction. will sue for the same, one-half thereof for his own use and the other half to be paid to the county superintend- ent of public schools of the county in which such suit or 48 GENERAL PUBLIC LAWS. suits shall be brought, for the use of the public schools in their county. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCLXXVIII. A Supplement to an act entitled " An Act to provide for the drainage of lands," approved March eighth, eigh- teen hundred and seventy-one. AmouDts re- 1. Be IT ENACTED by tlie Senate and General Assembly of aMewinentB, ^^ State of Ntw Jersey, That when any portion of the shall be nopiied assessment made by the commissioners appointed to tfoDRnlTcan*-^ carry out and execute the drainage of any tract o-f land, ceiiationof by yirtuc of the act to which this is a supplement, or of whiciMhe the Supplement to said act, approved March nineteenth, aMessmentwas^igrhi^een hundred and seventy-four, shall be called for and collected, the said commissioners shall apply the amount thus received to the redemption and cancellation of bonds, for the payment of which the said assessment was pledged in pursuance of the act to which this is a supplement, or as the case may be, they may decrease or withhold from issuing bonds to the same amount; Proviflo. provided, that if it becomes necessary to sell the bonds authorized to be issued by section five of the act to which this is a supplement, at less than par, they shall not be sold at a discount of more than ten per centum. 2. And be it enacted, That this act shall take effect immediatelv. Approved March 31, 1875. SESSION OF 1875. 49 CHAPTER CCXCII. A Further Supplement to the "Act to fix the salaries of the oflBcers of the Senate and General Assembly of the State of New Jersey," approved February twenty- fifth, eighteen hundred and sixty-one. 1. Be it enacted by the Senate and Oeneral Assembly o/ Amounts to be the Stole of New Jersey, That there shall be paid to theR^^"****^ secretary of the senate an annual salary of two thousand dollars; to the assistant secretary an annual salary of fourteen hundred dollars ; to the journal clerk an annual salar}' of fourteen hundred dollars ; to the engrossing clerk an annual salary of fifteen hundred dollars ; to the sergeant-at-arms an annual salary of eight hundred dollars ; to the assistant sergeant-at-arms an annual salary of five hundred dollars ; to each doorkeeper an annual salary of two hundred and fifty dollars ; to each calendar clerk an annual salary of six hundred dollars ; to the clerk of the committee on engrossed bills an annual salary of six hundred dollars ; to the president's private secretary an annual salary of six hundred dollars ; and to each senate page an annual salary of two hundred dollars ; and that in no case shall any additional com- pensation be allowed or paid to any of said officers. 2. And be it enacted, That all acts and parts of acts in- Repealer, consistent herewith be and the same are hereby repealed, and that this act shall take efibct immediately. Approved April 1, 1875. 4 50 GENERAL PUBLIC LAWS. CHAPTER CCXCIII. A Further Supplement to the "Act to fix the salaries of the officers of the Senate and General Assembly of the State of New Jersey," approved February twenty-fifth, one thousand eight hundred and sixty-one. Amount to be paid as ^ala ries, clerk. Assistant clerk Enjrrossing clerk. Journal clerk and assistant. Clerk to the speaker. Sergeant- at- arnis. Assistant ser- geant-at-arms. 1. Be it ENACTED by the Senate and General Assembly of the State of New tJermj, That there shall be paid to the clerk of the house of assembly an annual salary of two thousand two hundred dollars, and no other compensa- tion whatever. 2. And be it enacted^ That there shall be paid to the assistant clerk of the house of assembly an annual salary of fifteen hundred dollars, and no other compensation whatever. 3. And be it enxicted, That there shall be paid to the engrossing clerk of the house of assembly an annual salary of two thousand dollars, and no other compensa- tion whatever. 4. And be it enacted, That there shall be paid to the journal clerk and assistant journal clerk of the house of assembly an annual salary of one thousand two hundred and fifty dollars each, and no other compensation what- ever. 5. And be it enacted, That there shall be paid to the clerk of the speaker of the house of assembly an annual salary of five hundred dollars, and no other compensation whatever. 6. Ajid be it enacted, That there shall be paid to the sergeant-at-arms of the house of assembly an annual salary of eight hundred and fifty dollars, and no other compensation whatever. 7. And be it enacted, That there shall be paid to the assistant sergeant-at-arms of the house of assembly an annual salar}'- of eight hundred and fifty dollars, and no other compensation. SESSION OF 1875. 51 8. And be it enacted^ That there shall be paid to the Keeper of the keeper of the ladies' gallery of the house of assembly an '**^*^ K«iiery. annual salary of four hundred and fifty dollars, and no other compensation whatever. 9. And be it enacted, That there shall be paid to the Keener of the keeper of the gentlemen's gallery an annual salary of ^aliLr?.**" ' four hundred and fifty dollars, and no other compensation whatever. 10. And be it enacted. That there shall be paid to eachP«Ke8. of the pages of the house of assembly an annual salary of two hundred and fifty dollars each, and no other com- pensation whatever. 11. And be it enacted, That so much of all acts or parts Repealer, of acts as are inconsistent with the provisions of this act, be and the same is hereby repealed. 12. And be it enacted, That this act shall take effect immediately. Approved April 1, 1875. CHAPTER CCXCIV. * Supplement to " An Act concerning Grimes," approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly o/Penaity for the State of New Jersey, That if any person shall kidnap ^''^^pp^"^' or steal or forcibly take away any man, woman or child, bond or free, and send or carry or with intent to send or carry such man, woman or child from this state into an- other state or county, or shall spirit, persuade or entice any child within the age of fourteen years to leave his or her father, mother or guardian, or other person or per- . sous intrusted with the care of such child, and the said child shall secrete and conceal, then the person so of- fending in any of the premises, and his or her procurers shall be adjudged to be guilty of a high misdemeanor, and on conviction shall be punished by a fine not ex- 52 GENERAL PUBLIC LAWS. ft ceeding five thousand dollars, or imprisonment at hard labor, not exceeding twenty years, or both. Repealer. 2. And be it enacted^ That all acts and parts of acts in- consistent with the above, be and the same are hereby re- pealed. 3. And be it enacted, That this act shall take effect im- mediately. Approved April 1, 1875. CHAPTER CCCVII. A Supplement to an act entitled " An Act to amend the law relating to the property of married women," ap- proved the twenty-seventh day of March, eighteen hundred and seventy-four. When married 1- Be IT ENACTED by the Senate and General Assembly of woman mai Y ^^ ASfa<6 of New Jersey, That any married woman who is propertyin living in a state of separation from her husband under like manner-as and by virtuc of the final iuderment or decree of any court, when such judgment or decree is founded upon her application for such separation, may, at any time during the continuance of such separation, convey, mort- gage, and lease or devise any interest, estate, or right that she may have in any real property, such as came to her by gift through or from her said husband, in the same maimer and with the like effect as if she were sole and unmarried. When married 2. And be it enacted. That any married man who is liv- mau mnv con- i^g fn a statc of Separation from his wife under and by vov real nro- » « i)ofr\% except virtuc of the final judgment or decree of any court, Mich as came when such iudgmeut or decree is founded upon his ap- b>, throu^rh,or v i.- r u a- a x • j • ^ from his wife, plicatiou lor such Separation, maj', at any time during the continuance of such separation, convey, mortgage, and lease, or devise any interest, estate, or right that he may have in any real property, except such as came to him by gift through or from his said wife, in the same SESSION OF 1875. 53 manner, and with like effect as if he were sole and un- mairied. 3. And be it enacted, That this act shall take effect im- mediately. Approved April 5, 1875. CHAPTER CCCVIII. A Further Supplement to an act entitled "An Act to as- certain the rights of the State and Riparian Owners in the lands lying under the waters of the Bay of New York and elsewhere in this State," approved April eleventh, one thousand eight hundred and sixty-four. Whereas, Applications are frequently made to the rip- Preamble, arian commissioners for grants of lands under tide- water in various parts of the state, requiring surveys to be made and maps to be prepared and filed with the secretary of state, and some provision should be made to have these surveys extended from time to time as the citizens of the state may require, and in order to provide the necessary means for carrying on this work without any additional tax on the treasury of the state, therefore, 1. Be it enacted by the Senate and General Assembly o/ Riparian com- ihe State of New Jersey, That the riparian commissioners IJIfty'rouSii and may and shall at the request of shore owners extend expend a per their surveys over the tide-waters of this state, and pre-^^^^jj^^ ***® pare maps and have the same filed as now provided by named in the the act to which this is a supplement and the su|)ple- g[^e'trripa*^* ments thereto, and to provide the necessary means to pay rian owners, the expenses incurred by them in this work without charge to the treasury ; they may retain and expend for this purpose not to exceed in the aggregate five per centum of the amounts named in the grants or leases made to riparian owners ; rendering in their annual re- port a detailed statement of the amount so retained and disbursed under this act. 54 GENERAL PUBLIC LAWS. 2. And be it enacted, That this act shall be deemed a public act and take effect immediately. Approved April 5, 1875. CHAPTER CCCXIL Court to con- s'lHt • f a chief ft lid exiiht AMociate judges. Additional judic al dis- tricta. Time of hold- iuif regular teriDS of court. A Supplement to an act entitled " An Act relative to the Supreme and Circuit Courts," approved March twenty- seventh, eighteen hundred and seventy-four. 1. Be IT ENACTED by the Senate and General Assembly of the Stale of New Jersey, That the supreme court shall con- sist' of a chief justice and eight associate justices. 2. And be it enacted, That there shall be created two additional judicial districts to be known as the eighth and ninth judicial districts; that the fourth judicial district shall be composed of the counties of Middlesex and Monmouth ; the sixth judicial district shall be com- posed of the counties of Bergen and Passaic ; the seventh judicial district shAll be composed of the county of Essex; the eighth judicial district shall be composed of the county of Hudson; and the ninth judicial district shall be composed of the counties of Union and Ocean. 3. And be it enacted, That after the fourth day of July next, the regular terms of the respective courts mentioned in the act to which this is a supplement, shall be held at the times following, and not otherwise, that is to say, in the county of Middlesex on the first Tuesday of April, September, and December, respectively ; in the county of Monmouth on the first Tuesday of May, October, and January, respectively; in the county of Bergen on the first Tuesday of April, September, and December, respec- tively ; in the county of Passaic on the fourth Tuesday of April, and September, and the third Tuesday of December, respectively ; in the county of Essex on the first Tuesday of April, September, and December, respectively ; in the county of Hudson on the first Tuesday of April, Septem- ber, and December, respectively ; in the county of Union SESSION OF 1875. 55 on the first Tuesday of April, September, and December, respectively; and in the county of Ocean on the first Tuesday of May, October, and January, respectively. 4. And be it enacted, That all proceedings in the said ProceedinK« to several courts shall commence and be continued in con- {i?J!^*iJ^reby formity to the terms and times hereby established. eBubiished. 5. And be it enacted^ That the justices of the supreme ju«ticee to court shall assign one of their number to hold the courts ^ij"j^J°®ij2j^ in each of the districts embraced in this act. to each dit- 6. And be U enadedy That all acts and part of acts*"*^^ inconsistent with the provisions of this act are hereby Repealer, repealed, and that this act shall take effect immediately. Approved April 6, 1875. CHAPTER CCCXIX. An Act for the support of the State Industrial School for Girls. 1. Be it enacted by the Senate and General Assembly o/ Appropriation (he State of New Jersey, That for the support of the saidj^^^*^ school, the instruction and maintenance of its pupils, the sum of six thousand dollars be and the same is hereby appropriated, which sum the treasurer of the state is hereby directed to pay to the trustees of said school upon the warrant of the comptroller. 2. And be it enacted. That this act shall take effect im- mediately. Approved April 6, 1875. 56 GENERAL PUBLIC LAWS. CHAPTER CCCXX. An Act concerning sealed instruments. inatruiDftDia 1- Be IT ENACTED by the Senate and General Assembly of executed with /^ Siaie of New Jersey, That in every action upon a sealed be^deemeda instrument, OF wherc aset-ofF is founded upon a sealed instrument, the seal thereof shall be only presumptive evidence of a suflScient consideration, which may be re- butted as if such instrument was not sealed ; and that all instruments executed with a scroll, or other device by way of a scroll, shall be deemed a sealed instrument. 2. And be it enacted, That this act shall be deemed a public act, and shall take eflFect immediately. Approved April 6, 1875. , sealed instru meot. CHAPTER CCCXXI. An Act to confirm the proofs and acknowledgments of deeds and other writings of James A. Falkner, com- missioner for New Jersey in New York. Preamble. Whereas, it is represented that James A. Falkner, of the city of New York, and state of New York, commis- sioner as aforesaid, appointed and duly commissioned to take the proof and acknowledgments of deeds and other writings, sent his oath of office and impression of his official seal, as by the law required, on the tenth day of February, eighteen hundred and seventy-three, by mail to the secretary of state at Trenton, New Jersey, immediately after his re-appointment as commissioner aforesaid, and the same having been mislaid either on its way to the post office at New York, or on its way to SESSION OF 1875. 57 Trenton, it never having been received by the said sec- retary of state, he was notified of the fact, and sent another oath of office and impression of his official seal on the eighteenth day of September, eighteen hundred and seventy-four, which latter was duly received and acknowledged by the said secretary of state, therefore — 1. Be it enacted by the Senate and General Assembly o/Acknowiedj?- ihe State of New Jersey, That all acknowledgments of deeds 2™®"^^'*^^»^j., and other writings taken and certified by the said James A. Falkner, from the tenth day of February, eighteen hundred and seventy-three, to the eighteenth day of Sep- tember, eighteen hundred and seventy-four, be and the same are hereby declared and made valid and eflFectual in law, and shall in all courts be held, taken and adjudged to have the same force and effect as if the same had been taken after the filing of the ^aid oath of office. 2. And be it enaeted. That this act shall be held and taken as a public act, and shall take effect immediately. Approved April 6, 1875. CHAPTER CCCXXVIII. A Further Supplement to an act entitled " A Further Supplement to an act entitled * An Act constituting Courts for the trial of small causes,' " approved April sixth, eighteen hundred and seventy-one. 1. Be it enacted by the Senate and General Assembly o/Feea of flkj State of New Jersey^ That the constables of the several atabiee. counties of this state shall be entitled to receive from the collector of the said county their lawful fees for serving any criminal warrant, together with all and any expenses by them incurred in conveying any offender to the county jail for commitment to the custody of the sheriff, whether any such offender shall be indicted or not for the offence for which such offender may have been so committed. 2. And be it enacted, That all acts and parts of acts Repealer. con- 58 GENERAL PUBLIC LAWS. inconsistent with this act be and the same are hereby repealed. 3. And be it enacted^ That this act shall take effect im- mediately. Approved April 7, 1875. CHAPTER CCCXXXIII. Penalty for sellinf^ or expo- sinfT for sale, impare milk. Penalty for adulterating milk. An Act to prevent the adulteration of milk, and to prevent traffic in impure and unwholesome milk. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any person or persons who shall knowingly sell or exchange, or expose for sale or exchange any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be punished by a fine of not less than fifty dollars for each and every offence, and if the fine is not immediately paid, shall be imprisoned for not less than thirty days in the county jail, or until said fine shall be paid. 2. And be it enacted, That any person or persons who shall adulterate milk, with the view of offering the same for sale or exchange, or shall keep cows^for the production of milk for market, or for sale or exchange, in a crowded or unhealthy condition, or feed the same on food that produces ifnpure, diseased, or unwholesome milk, or who shall sell or exchange, or offer to sell or exchange any milk as pure milk, from which the cream or any portion thereof has been taken, except as hereinafter provided, shall be deemed guilty of a misdemeanor, ana on con- viction thereof, shall be punished by a fine of not less than fifty dollars for each and every offence, and if the fine is not immediately paid, shall be imprisoned for not less than thirty days in the county jail, or until said fine shall be paid. 3. And be it enacted, That the addition of water, or any substance, is hereby declared an adulteration ; any milk SESSION OF 1875. 59 that is obtained from animals that are fed on distillery Addition of waste, usually called " swill," or upon any substance in a JUiba/ance^de- state of putrefaction, is hereby declared to be impure and dared an adai- unwholesome, and any person or persons offending as ♦®™**<>°- aforesaid, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars for each and every offence, and if Penalty. the fine is not immediately paid, shall be imprisoned for not less than thirty days in the county jail, or until said fine shall be paid. 4. And be it CTiacted, That nothing in this act contained, Penaityforsaie shall be construed to prevent the sale of skimmed milk, ^iik *"™*^ provided the person or persons selling the same shall first make known the fact that it is skimmed milk and shall sell it as such; and any person or persons who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalties prescribed in section two of this act. 5. And be U enacted, That the penalties hereinbefore Penalties, how provided for shall b© recoverable before any court having ™*^^®™*^*®* jurisdiction of the same, one half of such fine or penalty shall be paid to the person or persons who shall make the complaint and prosecute the same, and the other half shall be paid over to the poor-master or overseer of the poor of the township or ward where the offence was com- mitted. 6. And be it enacted. That this act shall take effect im- mediately. Approved April 7, 1875. 60 GENERAL PUBLIC LAWS. CHAPTER CCCXLIV. A Supplement to an act entitled " An Act to provide for the organization of the New Jersey home for disabled soldiers," approved April fourth, eighteen hundred and sixty-six. Appropriation 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That in addition to the appropri- ation for the support of the home for disabled soldiers, now authorized bv law, the further sum of tw^entv-five thousand dollars is hereby appropriated for the object contemplated in the act to which this is a supplement. Treasurer to 2. And be it enacted, That the above sum shall be ex- rantof com P^i^ded uudcr the direction of the managei's of said troiier. home, and the state treasurer is herebj' authorized to pay the same for the purpose aforesaid, to the treasurer of said home, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated. 3. And be it enacted^ That this act shall take effect im- mediately. Approved April 8, 1875. CHAPTER CCCXLV. An Act for the preservation of fish in certain waters within the state of New Jersey. Fishing in cer- 1- Be IT ENACTED by the Senate and General Assembly of i^lllsKufi' ^^^ ^^^^ ^f ^^^ Jersey, That hereafter it shall not be law- ful for any person or persons, at any time whatever, either by day or night, to put, place or haul any gill, drift, fike or other net or nets, or any eel pot or pots, basket or prohibited. SESSION OF 1875. 61 baskets, or other contrivances whatever, for the taking or catching of fish in any of the waters of the Passaic, above the Little Falls, or in any part of the Pompton or Rocka- way rivers, or in any of the tributaries to said Passaic, Pompton or Rockaway rivers, or in any water or waters caused by the overflow of any of said rivers or their tributaries, below any now existing mill-dam or mill-dams erected across the same ; or to keep any gill, drift, fike or other net or nets, or any eel pot or pots, basket or baskets, or other contrivance whatever, for the taking or catching of fish so put or placed in any of said waters mentioned ; and any person or persons . who shall take or catch any fish in any such waters, before mentioned, and in manner aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the county in which said offence is committed, shall be pun- Penalty, ished by imprisonment in the common jail of the county, for a term not less than ten nor more than thirty days, or by a fine of not less than ten nor more than fifty dollars for each and every offence; one-half of said fine to be paid into the treasury of the state, (one-quarter of said fine to be paid to the warden arresting such offender, and one-quarter to any person who may furnish material evidence toward the conviction of any such offender or offenders) ; provided always, that such penalty shall not Provieo. apply to the catching of fish in manner aforesaid, by any person or persons, on their own lands, if none of the fish so caught are sold or exposed for sale ; but in case they are sold or exposed for sale, then said penalty shall remain in full force and effect ; and provided further, that Proviso, said penalty shall not apply to the legitimate taking or catching of fish with hook and line, or with hook, line and rod. 2. And be it enacted, That one person shall be appointed Appointmfint in each of the three following counties adjoining the ^^^'^^ ''*'^^"- rivers I^assaic, Pompton and Rockaway ; that is to say, in the counties of Passaic, Essex and Morris, to be fish wardens, the jurisdiction of each of said wardens to extend through all or any of the above mentioned coun- ties of Pa.ssaic, Essex and Morris, and it shall be the duty Their powers of said wardens, on view or information, to enforce the «^roved April 8, 1875. CHAPTER CCCXLIX. An Act entitled an act to exempt soldiers and sailors who served in the war of one thousand eight hundred and twelve, from poll tax. 1. Be it enacted by the Senate and General Assembly o/ Exemption ft€ l^afe of New Jersey, That the soldiers of the war of one ^^o™ p®" t"- thousand eight hundred and twelve, shall be and they are hereby exempt from paying poll tax. 2. And be it enacted, That this act shall be a public act and shall take effect immediately. Approved April 8, 1875. CHAPTER CCCLXV. An Act to defray the incidental expenses of the New Jersey Legislature for the session of one thousand eight hundred and seventy-five. 1. Be it enacted by the Senate and General Assembly o/cortam ind- ihe State of New Jersey, That it shall be lawful for the ^"^ u^Paid. treasurer of the state of New Jersey to pay, upon the 5 66 GENERAL PUBLIC LAWS. warrant of the comptroller, to the several persons herein- after named the following amounts, viz : Item No. 1. A. H. Rickey, for parchment rolls and preparing Odths for governor, members of thp senate and general assembly, and one extra for the new clerk of assembly fifty dollars, $50 00 Item No. 2. To George T. Dudley for station- ery furnished to the sergeant-at-arms of the house of assembly, session of one thousand eight hundred and seventy-four, certified to by Alex- ander Jacobus, sergeant-at-arms, eighteen dollars and thirty cents, $18 30 Item No. 3. To George T. Dudley, for station- ery for senate, certified to by the engrossing clerk, one hundred and twelve dollars and one cent, $112 01 Item No. 4. To George T. Dudley, for bill files furnished for senate, certified to by the sergeant- at-arms, fifty-two dollars and fifty cents, $52 50 Item No. 5. To George T. Dudley, for station- ery for senate, as certified to by the sergeant-at- arms, two hundred and thirteen dollars and fifty cents, $213 50 item No. 6. To the clergy of the city of Trenton, ea^eh ten dollars, for services in open- ing the sessions of the legislature with prayer, in the year one thousand eight hundred and seventy-five, Item No. 7. To Alpaugh & Anderson, for stationery furnished the engrossing clerk of the house of assembly, three hundred thirty-four dollars and seventy-five cents, $334 75 Item No. 8. To Naar, Day & Naar, for station- ery furnished the house of assembly, as per res- olution, two hundred and eighty-four dollars and seventy-five cents, $284 75 Item No. 9. To Naar, Day & Naar, for station- ery furnished stationery committee of the house of assembly, seventy-one dollars and thirty-live cents, $71 35 Item No. 10. To Naar, Day & Naar, for making calendar and die for stamping, for speaker of SESSION OF 1875. 67 the house of assembly, seventeen dollars and fifty cents, $17 50 Item No. 11. To Naar, Day & Naar, for sta- tionery furnished John Carpenter, junior, clerk of the house of assembly, seventy-eight dol- lars and sixty -five cents, $78 65 Item No. 12. To Naar, Day & Naar, for station- ery furnished sergeant-at-arms of the house of assembly, ninetv-four dollars and fifty-five cents, $94 55 Item No. 13. ^o Naar, Day & Naar, for station- ery furnished A. H. Patterson, clerk of the house of assembly, twenty-four dollars and forty-five cents, "^ $24 45 Item No. 14. A. Hammer, for making keys, repairing locks, Ac, for senate and house of assembly, thirty-fiye dollars and eighty cents, $35 80 Item No. 15. To E. A. Kingsland & Co., for sta- tionery furnished engrossing clerk of the house of assembly, one hundred and thirty-one dollars and seventy-five cents, $131 75 Item No. 16. John P. Lansing, for services rendered the joint committee on treasurer's ac- counts, as approved by the committee, one hun- dred dollars, $100 00 Item No. 17. To Delaware Ice Company, for ice furnished senate chamber, session of one thousand eight hundred and seventy-five, eight dollars and forty cents, $8 40 Item No. 18. To Ivins & Lalor, for carriages for use of legislature to visit state prison by or- der of committee, forty dollars, $40 00 Item No. 19. To Ivins & Lalor, for carriages for committee on normal school, by order of chairman, eight dollars, $8 00 Item No. 20. To Ivins & Lalor, for carriages for state prison committee, by order of the chairman, fifteen dollars, $15 00 Item No. 21. To Ivins & Lalor, for carriages for committee on industrial school for girls, by order of the chairman, thirty-six dollars, $36 00 Item No. 22. To Ivins & Lalor, for sleigh and carriage hire for committee on lunatic asylum, by order of the chairman, twenty-one dollars, $21 00 68 GENERAL PUBLIC LAWS. Item No. 23. To Ivins & Lalor, for carriage hire for committee on soldiers* children's home, bv order of committee, one hundred and fifty dollars, " $150 00 Item No. 24. To David M. Campbell, for services attending the electrical gas machine in the senate and general assembly chambers, dur- ing the session of one thousand eight hundred and seventy-five, one hundred dollars, $100 00 Item No. 25. To John P.. Lansing, for adver- tising notice of incidental committee, in Tren- ton daily papers, six dollars, $6 00 Item No. 26. To Ellen Meley, for cleaning senate and assembly chambers, session of one thousand eight hundred and seventy-five, two hundred dollars, $200 00 Item No. 27. To Richard Sutphin, for car- riages for committee on soldiers' children's home, by order of the committee, eighteen dollars, $18 00 Item No. 28. To Richard Sutphin, for carriage for committee on normal school, by order of the committee, four dollars, $4 00 Item No. 29. To Richard Sutphin, for sleighs furnished committee on state lunatic asylum, by order of the committee, twelve dollars, $12 00 Item No. 30. To William S. Sharp, for calen- dar of senate and assembly bills, and books furnished for senate by order of the president, forty dollars, $40 00 Item No. 31. To John P. Lansing, for services as clerk to incidental committee, session of one thousand eight hundred and seventy-five, fifty dollars, $50 00 Item No. 32. To Alpaugh & Anderson, for stationery furnished engrossing clerk of the house of assembly, sixteen dollars, $16 00 Item No. 33. To Alpaugh & Anderson, for sta- tionery furnished the clerk of the house of as- sembl}% forty-nine dollars and five cents, $49 05 Item No. 34. To M. H. Houghton, for clerical services in senate for session of one thousand eight hundred and seventy-five, three hundred dollars, $300 00 SESSION OF 1875. 69 Item No. 35. To Alpaugh & Anderson, for stationery furnished speaker of the house of as- sembly, one dollar and sixty cents, $1 60 Item No. 30. To H. W. Casper, for services rendered the committee on engrossed bills, as ap- proved by said committee, four hundred dollars, $400 00 Item No. 37. To Margaret Cody, for washing towels and spittoons for senate chamber, session of one thousand eight hundred and seventy- five, sixty dollars, $60 00 Item No. 38. To Margaret Clancy, for wash- ing towels and spittoons for house of assembly, session of one thousand eight hundred and seventv-five, sixtv dollars, $60 00 Item No. 39. To John Carpenter, junior, for services as clerk of the house of assembly, as agreed upon by committee, five hundred dollars in full for all compensation for services as clerk of assembly, $500 00 Item No. 40. To. J. Herbert Potts, for services rendered in the house of assembly during the session of one thousand eight hundred and seventv-five, as agreed upon by committee, three hundred dollars, $300 00 Item No. 41. To Joseph B. Carman, for towels, tumblers, soap, matches, and other incidental expenses for the house of assembly, for the ses- sion of one thousand eight hundred and seventj'- five, one hundred and seventy-five dollars, $175 00 Item No. 42. William S. Sharp, for printing done for the clerk of the house of Assembly, twelve dollars and fifty cents, $12 50 Item No. 43. To William S. Sharp, for dia- grams, check lists, and other matter printed for senate, forty-three dollars and twenty-five cents, $43 25 Item No. 44. To A. E. Vanderbilt, for extra services as secretary to speaker of the house of assembly, one hundred dollars, $100 00 Item No. 45. To Samuel Bell, for services, waiting and attending on committees, fifty dollars, $50 00 Item No. 46. To Charles J. Parker, for services waiting and attending on committees, fifty dollars, $50 00 70 GENERAL PUBLIC LAWS. $79 00 Item No. 47. To Murphy & Bechtel,for station- ery, rough minute books, &c., furnished to the house of assembly, by order of John Carpenter, late clerk of the house of assembly, seventy- nine dollars, Item No. 48. To Murphy & Bechtel, for station- ery furnished to the secretary of the senate, two hundred and eighty-five dollars and forty-five cents. Item No. 49. To George T. Dudley, for station- ery furnished to the secretary of the senate, nine dollars and twenty-six cents, Item No. 50. To Jordan Brothers for station- ery furnished house of assemblv, Item No. 51. To George T. Dudley, for bill files, ordered by the house. 2. And he it enacted^ That this act shall take effect immediately. Approved April 8, 1875. $287 45 $9 26 $266 95 $175 00 CHAPTER CCCLXVL Appointment ot (*eiiteniiiHl board. Duty of the» board. An Act to authorize the appointment of a Centennial Board for this state, and to define its duties. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That there shall be appointed for this state, on nomination by the governor, to be confirmed by the Senate, seven persons, who shall be residents of the state, who with the United States centennial commissioner and alternate from New Jersey, shall constitute "The New Jersey State Centennial Board." 2. And be it enacted, That it shall be the duty of " The New Jersey State Centennial Board " to co-operate with the United States centennial commission in encouraging and forwarding the objects of the international exhibition of eighteen hundred and seventy-six, authorized by the congress of the United States, to be held in the city of SESSION OP 1875.' 7 1 Philadelphia, and especially to organize, prepare, super- intend and have the general management of the New Jersey department of the said centennial exhibition. 3. And be it enacted, That to accomplish the objects Further duties stated in the next preceding section, it shall be the duty^^**^®^°*'^- of *' The New Jersey State Centennial Board " to dissem- inate throughout this state information regarding said proposed exhibition ; to take measures to secure the co- operation of scientific, agricultural, mechanical, manu- facturing and other associations in the several counties ; to appoint co-operative local committees (where the people of the locality do notapooint) representing the respective industries of the state ; to stimulate local action desii^^ned to make the New Jersey department of the exhibition worthy the state ; to encourage the production of articles suitable for exhibition ; to render assistance in furthering the finance and other interests of the exhibition and furnishing information to the United States centennial commission and to the people of the state on all subjects connected with the success thereof. 4. And be it enacted, That the said board shall continue Continuance of until such time after the close of the said exhibition as [^ *>o***«* *>^»- will be necessary to complete and settle the business con- nected therewith, not later than the first day of January, Anno Domini eighteen hundred and seventy-seven. 5. And be it enacted. That the members of said board No compensa- shall not receive any compensation for their services. nUowed!* 6. And be it enacted, That to pay the necessary expenses Appropriation attending and consequent upon the discharge of their ^*'*" Mpen8««- duties and to enable the state geologist to prepare and arrange for exhibition specimens of the minerals of the state and other articles belonging to his department, and for such aid and assistance as shall be necessary to carry out the objects of this act, there be hereby appropriated the sum of ten thousand dollars, and that out of the same there shall be paid so much as shall be necessary to de- fray the expenses as aforesaid, to be paid by the treasurer of the state upon the warrant of the comptroller, upon being certified by the president of said board ; the whole amount paid not to exceed ten thousand dollars. 7. And be it enacted, That this act shall take efiect inunediatelv. Approved April 8, 1875. 72 GENERAL PUBLIC LAWS. CHAPTER CCCLXVII. Preamble. Time of hold- ing election. Mnnner of holding elec- tion. An Act to provide for submitting proposed Amendments to the Constitution of this Stat^, to the people tliereof. Whereas, Certain proposed amendments to the constitu- tion of the state of New Jersey were, at tlie session of the legishiture of this state in the year eighteen hun- dred and seventy-four, agreed to by a majority of the members elected to each of the two houses thereof, and entered on the journals of each of said • houses, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and whercfU'i, the said proposed amendments were published as required by the constitution; and ivheiras, in the legislature then next chosen, being the legislature now in session, such proposed amendments have been agreed to by a ma- jority of all the members elected to each house ; and whereas, the constitution of this state requires the legis- lature to submit such proposed amendments as have been agreed to as aforesaid to the people at a special election to be held for that purpose only, therefore, 1. Be it enacted by the Senate and. General Assembly of the State of New Jersey, That on Tuesday, the seventh day of September next, an election shall be held in tlie several townships and wards of this state, at the place or places in each of said townships or wards where the last elec- tion for governor was held, to enable the electors qualified to vote for members of the legislature to vote for or against each of such proposed amendments to the con- stitution. 2. And be it enacted, That the judges of election in the several townships and wards who shall be in office on the seventh day of September next, shall be the judges of said election, and the polls shall be opened and closed at the times now fixed by law for opening and closing of polls at the annual election in this state, and the said election shall be conducted by the same officers and in the manner now required by law in conducting the an- SESSION OF 1875. 73 nual elections in this state, unless otherwise directed in this act. 3. And be ii enacted, That at such election each voter Ballots to be may present a ballot on which shall be written or printed, or partly written or partly printed, in the form following, namelv : For all propositions on this ballot which are not can- celled with ink or pencil, and against all which are so cancelled ; For the proposed amendment, designated paragraph nineteen to article one, relative to " Rights and priv- ilej» pose they shall be deemed a corporation, with all the f^ ^^^^ fiiedTn rights, powers and privileges, and subject to all the the office of restrictions and liabilities contained in an act entitled ^a'ebJfore*^ "An Act concerning corporations," and the several sup- «»y. corporate plements thereto, upon making a certificate under their *^^" **°** respective hands, duly proved or acknowledged, setting forth their corporate name, the places where and the pur- poses for which the buildings are to be erected, the cai)ital stoc-k and the shares into which the same is divided, any lawful provision restricting the powers of the corporation and its officers, and the name, residence and number of shares of each stockholder; the said certificate to be recorded in the office of the county clerk where the buildings are to be erected, and filed in the office of the secretary of state before any corj)orate act is done by said corporation. 2. And be it enacted, That said corporation, with the Supplemental assent of two-thirds of its stockholders, at any time may, bf ex^^med!*^ by its president, execute, record and file as aforesaid, a recorded and supplemental certificate, changing its name, increasing ^'®*^' 86 GENERAL PUBLIC LAWS. f or decreasing its capital stock, changing or adding to the places where and the purposes for which the buildings are to be erected, and adding to or modifying any existing provision restricting the powers of said corporation and its officers. Liobie to taxa- 3. And be U encustcdy That the real and personal estate of all such corporations shall be liable to taxation the same as if owned by an individual resident in the place where the real estate of said corporation is situate. 4. And be it enacted, That this act shall take effect immediately. Approved April 9, 1875. tion. CHAPTER CCCLXXX. An Act to provide for stocking the lakes, ponds and streams of this state with food fishes. Appropriation 1. Be IT ENACTED by the Senate and General Assembly of sVroams^ &c. ^^ '^^ ^/ ^^^ Jersey, That the sum of two thousand and with food fiah. five hundred dollars be and the same is hereby appropri- ated, to be used in stocking the lakes, ponds and streams of this state, with food fishes, and the furiher sum of one thousand dollars to be used in the artificial propagation of shad in the Delaware river, said sums to expended un- der the directions and drawn upon the requisition of the commissioner of fisheries of this state. 2. And be it enacted. That this act shall take effect im- mediately. Approved April 9, 1875. SESSION OF 1875. 87 CHAPTER CCCLXXXI. An Act to repeal " A Further Supplement to an act en- titled * An Act to fix the Salaries of the Officers of the Senate and General Assembly of the State of New Jersey,* approved February sixth, one thousand eight hundred and sixty-seven," approved April third, one thousand eight hundred and seventy -three. 1 Be it enacted by the Senate and General Assembly 0/ Repealer. Oie State of New Jersey, That so much of the act entitled " A Further Supplement to the act entitled * An Act to fix the Salaries of the Officers of the Senate and General Assembly of the State of New Jersey,' approved Febru- ary sixth, one thousand eight hundred and sixty-seven," which further supplement was approved April third, one thousand eight hundred and seventy-three, as authorizes the appointment of a person as clerk to the committee on engrossed bills in the house of assembly, be and the same is hereby repealed. 2, And be it enacted, That this act shall take effect immediately. Approved April 9, 1875. CHAPTER CCCLXXXII. A Supplement to an act entitled " An Act for the pun- ishment of crimes," approved March twenty-seventh, eighteen hundred and seventy-four. 1. Be tt enacted by the SenaJte and General Assembly of the State of New Jersey, That if any member of any board of chosen freeholders, or of any township committee, or 88 GENERAL PUBLIC LAWS. Direct or iiidi of anv board of aldermen or common councilmen, or any ^^*'**^^*®^^^j board of commissioners of any county, township, city, orcontrnct.a town OF boFough in this State, shall be directly or indi- miademeaijor j-^ctiy concerned in any agreement or contract for the construction of any bridge or building of any kind what- soever, or any improvement whatever to be constructed or made for the public use or at the public expense, or shall be a party to any contract or agreement, either as principal or surety, between the county, township, city, town or borough, as the case may be, and any other party ; or shall be directly or indirectly interested in furnishing any goods, chattels, supplies, or proi)erty of any kind whatsoever, to or for the county, township, city, town or borough, as the case may be, shall be deemed guilty of a misdemeanor, and on being thereof convicted, Penalty. shall be punished by fine, not exceeding one thousand dollars, or imprisonment at hard labor, for any term not exceeding three years, or both, at the discretion of the court. 2. And be it enacted, That this act shall take eflTect immediately. Approved April 9, 1875. CHAPTER CCCLXXXTII. A Supplement to the act entitled " An Act to establish a system of public instruction," approved March twenty- seventh, eighteen hundred and seventy-four. Trustees for the 1. Be IT ENACTED by the Senate and Genefi^al Assembly of \\^^^r^oir^' ^^^ /S«a<ers printed and published in the county in which the lands are situate, of which one shall be a newspaper printed and published at the county seat of said county, if a newspaper be published at such county seat, and if no newpaper be published at the county seat, then in any 90 GENERAL PUBLIC LAWS. two newspapers published in the county and circulating in the neighborhood of said lands. Repealer. 2. And be it enacted^ That so much of the act to which this is a supplement as is inconsistent with this act, be and the sa^ie is hereby repealed. 3. And be it enacted. That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCLXXXV. An Act in relation to the distribution of the laws of this state and other documents published under the au- thority thereof. Treasurer 1. Be IT ENACTED by the Senate and General Assembly of wmd^lMea^&c,*'^ /Stote o/ New Jersey y That hereafter the treasurer of toconpres- 'the State, in the distribution of the laws, law and equity atWasbington. reports, the minutes and proceedings of either branch of the legislature, and other documents published under the authority or patronage of this state, and in his hands from time to time for distribution, shall transmit, at the expense of the state, to the librarian of the congressional library, at Washington, for the said library, four well bound sets of each of such publications. Laws, &c.. 2. And be it enacted, That the said treasurer shall also tt to ir^' forthwith transmit to said librarian for said library, at transmitted, the expense of the state, as many well bound copies or sets, not exceeding four of each, of all laws, law and equity reports and other documents of the nature aforesaid,- heretofore published under the authority or patronage of this state, and in his hands, as may be spared or furnished wutluout inconvenience. 3. Arid be it enacted. That this act shall take eflfect immediately. Approved April 9, 1875. SESSION OF 1875. 91 CHAPTER CCCLXXXVI. An Act to amend certain errors in the Revised Laws, passed last session. 1. Be it enacted hy the Senate and General Assembly of Amendments. tiie State of New Jersey, That the word freeholders in the seventv-second section of the act entitled "An act regulating proceedings in criminal cases," being one of the revised laws passed at the last session, and the same word in the seventy-third section of said act, be and the same is hereby changed to the word "persons ;" that the ninetieth section of the same act be and the same is hereby repealed, and in lieu thereof the following is hereby substituted and enacted, viz. : " that the two hun- dred and forty-second, the two hundred and forty-third, the two hundred and forty-fourth, the two hundred and forty-fifth, and the two hundred and forty-sixth sections of the act entitled " An act to regulate the practice of courts of law," passed the last session, shall be deemed, taken, and adjudged to extend to trials of indictments for eriines and misdemeanors, which by law are punishable by imprisonment at hard labor ; that the word " first" in the ninety-first section of said act, be and the same is hereby altered into the words " next preceding." 2. And be it enacted, That the words " forty-five," in the Amendments, last line of the forty-eighth section of the act entitled " An act constituting courts for the trial of small causes," passed last session, be and the same is hereby altered into the words " forty -sixth." 3. And be it enacted, That so much of the two hundred Not to apply to and sixty-third section of the act entitled " An act to J'i^^^ ^^ ^^^ ii 'i* i»iii 1 11®* errors snci regulate the practice of courts of law, passed at the last appeal sped- session, as declares that judges of the courts of this state ?[yJJJJ*|^^ shall not practice as attorneys-at-law, or counsellors in court, any court of this state, shall not applv to such of the judges of the court of errors and appeals as are specially appointed judges of that court. 92 GENERAL PUBLIC LAWS. 4. A'ivd be it enacted, That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCLXXXVII. A Supplement to an act entitled "An Act Respecting Con- veyances," [revision,] approved March twenth-seventh, one thousand eight hundred and seventy-four. CommiaBiona 1. Be IT ENACTED by the Senate and General Assembly of miMi^nere^of" ^^ ^^ ^-f ^^^ Jersey, That the persons designated in deedaforNew Said act as "Foreign Commissioners of Deeds for New Jereey. Jersey," may be commissioned by the governor in the same manner and form, as before the said revision, (ap- proved March twenty-seventh, one thousand eight hun- dred and seventy-four,) commissioners for taking the acknowledgment or proof of deeds for New Jersey in other states, territories and the District of Columbia, were commissioned without in terms mentioning them as "Foreign Commissioners of Deeds for New Jersey." Official acts de- 2. And be it enacted, That all commissions issued since Glared valid, g^^j j revision to commissioners in any other state, terri- tory or the District of Columbia, without the designation of " Foreign Commissioners of Deeds for New Jersey," and all official acts heretofore performed by persons holding such commissions shall be and are herebv made valid and effectual, the same as if the words "Foreign Commissioners of Deeds for New Jersey" had been inserted in said com- missions, and such persons holding said commissions had described themselves in any certificates by such desig- nation. Official certifi- 3. And be it enacted, That all official certificates made vaiid.*^^**"^ since such revision, or that shall hereafter be made, shall be valid and effectual in law, whether^the commissioner shall have described himself or shall describe himself as a commissioner for taking the acknowledgment or proof of deeds for New Jersey in any other state, territory or SESSION OF L875. 93 the District of Columbia, or as "Foreign Commissioner of Deeds for New Jersey," or in any manner that was legal immediately before said revision. 4. And be it enacted, That this act shall take eflfect im- mediately. Approved April 9, 1875. CHAPTER CCGXC. A Further Supplement to an act entitled " An Act to amend the law relating to the property of married women," approved the twenty-seventh day of March, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly o/ Married the State of New Jersey, That any married woman living ii^ ^°""*° ^ ^I^m a state of separation from her husband and entitled by h^^'husbaiiT the final decree of any court to alimony or separate J^a-in- J[»*yj^'^^*®5J^^^ tenance, may by her deed to him or any other person, &c. executed with or without his concurrence, acknowledged by her in the manner required by law in case of husband and wife joining in a conveyance of lands, release or bar her dower in any lands in this state whereof her husband is seized at the execution of such deed or of which he may thereafter become seized. 2. And be it enacted, That this act shall take effect immediatelv. Approved April 9, 1875. 94 GENERAL PUBLIC LAWS. Board of mana- f^ere, howcoD- Btituted. CHAPTER CCCXCI. A Supplement to the act entitled " An act to complete the Geological Survey of the State," approved March thirtieth, eighteen hundred and sixty-four. 1. Be IT EXACTED by the Senate and General Assembly of the State of New Jersey^ That the board of managers authorized by section four of said act are hereby author- ized to increase the number of their members from eleven to fifteen, one of whom shall be the governor of the state, who shall be president of the board, and two members from each of the seven congressional districts of the state ; and the powers and duties of the board thus constituted shall be the same as defined in the act to which this is a supplement. 2. And be it enacted, That this act shall take effect immediately. Approved April 9, 1875. CHAPTER CCCXCII. A Supplement to an act entitled " An Act for the more easy partition of lands held by coparceners, joint tenants, and tenants in common," approved March twenty-seventh, eighteen hundred and seventy-four. Amendment. 1. Be IT ENACTED by the Senate and Oenerai Assembly of the State of New Jersey, That the words " the next or any subsequent," in section ten of said act, be stricken out, and the word " any " inserted in their place. Amendment 2. And be it enacted. That the words " the next," in SESSION OF 1875. 95 section seventeen of said act, be stricken out, and the word " any " inserted in their place. 3. And he it enadedy That all partitions and sales of real Partitiona and estate heretofore confirmed by the prerogative court, or ^oi^JIj^^^l*^'"''® by any orphans court of any county in this state, at any declared valid, term of said court, shall be valid and effectual in law, though the same were confirmed at the Bame term during which such partition or sale was made; provided^ said Proviso, partition or sale was otherwise legal. 4. And be it enacted^ That this act shall take effect, immediatelv. Approved April 9, 1875. CHAPTER CCCXCIII. A Supplement to " An Act concerning Wills," approved March twenty-seventh, eighteen hundred and seventy- four. 1. Be it enacted by the Senate and General Assembly o/ Legacy or lesra- the State of New Jersey, That where any legacy or lega-?j^^^^®^^^ cies are by any last will and testament made or shall of cLancerv on hereafter be made a charge upon lands and real estate, chnSccUor! ^^ and said legacy or legacies now are or hereafter may be under certain wholly or in part limited over to infants or persons not *^*'"^"*^°*'*"* in esse, or who cannot be ascertained till the happening of some event named in the will, or in such manner that the vesting of said legacy may be contingent, it shall be lawful for the chancefior, upon application of the execu- tor or executors, or any person interested in said lands, to order that said legacy or legacies be paid into the court of chancery, ana for that putpose to inquire into the situation and the merits of the said application, either in term-time or vacation. 2. And be it enacted, That said petition shall set forth Notice of ap- the said will, and 'describe the lands charged, and shall P*'fi^^^S°to"iw state the persons interested in said legacy or legacies, ^vetu° ^ whether such interest is vested or prospective, if they 96 GENERAL PUBLIC LAWS. can be ascertained, and twenty days' notice of the appli- cation shall be given to those who reside in this state ; if any reside out of this state, or they cannot be ascer- tained, such notice shall be published for twenty days in a newspaper printed in the county where the lands lie ; such notices may be served personally, or by leaving the same at the place of abode of such person, and in case such person be an infant, the same shall be served on his or her father, mother or guardian, if any reside within this state. Chancellor 3. And be it enacted, That upon proof of notice the mostCT^who* chancellor shall refer such petition to a master to inquire Bhaiimakere- into the merits of the application, who shall proceed to ^^ hear the petitioner and other parties touching the same, on eight days^ notice to all who shall have entered an appearance with the clerk; said master may adjourn from time to time, and shall reduce to writing all evi- dence before him, and return the same with his report. Lands to be 4^ ^^j^^ ^^ {( enacted, That upon such report the chan- dear and dis* ' a x charged from ccllor may Order the said legacy or legacies to be paid ^^®|5 ^*"®**^ **y into the court together with such additional sum or sums as the chancellor shall think reasonable to cover the expense of investing and taking charge thereof; and upon such payment into court, said lands shall be wholly clear and discharged from the lien created by said will. Moneys paid 5. And be it enacted. That said moneys shall be paid into the court of • iii xru jj 'xj 'aI-xI-ii chancery to be mto the court 01 chauccry and deposited with the clerk placed at inter- of the court; and all such moneys shall be kept at inter- est on security by bond and mortgage on real estate with- in this state, worch, besides destructible improvements, double the amount invested, and the interest thereof, or such part of the interest as the chancellor may direct, shall be paid to the person or persons who would for the time being be entitled to the interest in proportion to their respective shares therein ; and such securities shall be taken in the name of the chancellor of New Jersey, Interest, howj and the interest shall be paid on the same half yearly or app»e . otherwise, directly to the persons entitled to the same, unless otherwise directed by the chancellor, who shall from time to time make such order for the investing of said money and the payment of the interest thereon as equity and justice may require. 1/ e SESSION OF 1875. 97 6. And be it enacted, That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCCXXVI. A Supplement to ** An Act in relation to the census or enumeration of the inhabitants of this state," approved March twenty-fourth, eighteen hundred and fifty-five. Whereas, It is desirable that a complete exhibit of New Preamble. Jersey's population, wealth, and other elements of prosperity should be submitted at the centennial exposition to be held next year at Philadelphia; and whereas, the desired statistics can be procured with the least expenditure of time and money this year, w^hile the assessors are collecting the decennial state census of population, as required by the act to which this is a supplement ; and whereas, if the collection of such statistics be deferred till next year, the expense will be much greater, and the data cannot be compiled and arranged in time for the centennial exposition ; there- fore, 1. Be it enacted by the Senate and General Assembly o/ Duties of tk Stat^ of New Jersey, That it shall be the duty of the ««««''»«'^- assessors in the several wards and townships of this state to collect the statistics hereinafter named, and make returns thereof at the same time and in the same manner as they are required, by the act to which this is a supplement, to collect the decennial state census. 2. And be it enacted, That the said assessors shall, in the Aesessorg to manner aforesaid, collect statistics in their several wards J'^"^*^' '*^'*^**' and townships showing, as to — I. AGRICULTURE. 1, The number of acres of land improved, arid the Keiative to number of acres unimproved; 2, the value per acre of the *^"^"*^^'®' 7 98 GENERAL PUBLIC LAWS. improved and of the unimproved land ; 3, the quantitiesof the principal products raised, including small fruits and garaen truck, and the value of each product; 4, the number and value of live stock on farms or employed in agriculture ; 5, the total value of farm and dairy pro- ducts during the year preceding the assessor's inquiry ; 6, the value of farming implements; 7, the number of farmers, and the number of persons in their employ. II. MANUFACTURES. Keiative to 1, The number of persons, firms or corporations carry- manufaotures. j^g oq manufactures or mill operations of any kind ; 2, the capital invested ; 3, the value of the property, real and personal, held and used by such persons, firms or corporations for their business ; 4, the value of the raw material consumed yearly; 5, the value of the yearly products ; 6, the number and sex of the employees, and the number of employees under eighteen, and under twelve years of age; 7, the average weekly wages of employees ; 8, the value of manufactured products during the year ending September first, eighteen hundred ana seventy-three ; 9, the number of persons employed, and their average weekly wages during the said year. Relative to minefl and mining. III. MINING. 1, The kinds and quantities of ore mined during the preceding year, and tne value of such ore ; 2, the capital invested ; 3, the value of the machinery employed ; 4, the number of hands employed ; 5, the average weekly wages paid such hands; 6, the foregoing statistics enumerated in this clause, for the year ending September first, eighteen hundred and seventy-three. Relative to commerce. IV. COMMERCE. 1, The number, class and tonnage of river and sea- going craft owned in New Jersey ; 2, the number and value of vessels engaged in oyster-fishing ; 3, the number and tonnage of canal boats owned in New Jersey ; 4, the number of tons of merchandise and freight of all kinds transported in sea-going or river craft, and in canal boats SESSION OF 1875. 99 from New Jersey ports, or* through the canals of this state, and the number of tons of merchandise and freight carried on vessels propelled through said canals by st^m. 3. And be it enacted, That at the same time and in Blanks to b« the same manner as he is required by law to provide the furnished, tesessors with blanks for taking the census of population, the secretary of state shall furnish the- said assessors with the necessary blanks for entering the statistics herein re- quired to be collected. 4. And be it enacted, That the said assessors shall be Compensation entitled to five cents for each line filled up by them with ^ *««««^"- the said statistics on the said blanks ; provided, that not Proviso, more than one line or one blank shall be occupied with the statistics relating to any person, firm or corporation ; their bills of the assessors for the work required to be done by this act shall be audited and paid at the same time, and in the same manner as their bills for taking the census of population are audited and paid. 5. And be it enacted, That whenever the returns of the Secretary of aforesaid statistics of population, agriculture, nianufac-p\*^®^gi^g"3^'^ lures, mining, and commerce shall have been reported toandrei^rtto ' the secretary of state, he shall cause them to be collated ^^^ »*•«*»«•©• and tabulated by wards, townships, cities, and counties ; and he shall compile tables of the population of New Jersey by counties, as shown by every official census to and including the present year ; he shall also compare the special statistics required by this act to he taken, with the corresponding data of New Jersey, furnished by the United States census taken in the year eighteen hundred and seventy ; and he is hereby authorized to re- quest, in behalf of this state, the superintendent of said census to supply him with such data ; the secretary of state shall report such tables of statistics to the next legislature of this state, with such recommendations as he may deem proper. 6. And be it enacted, That the secretary of state shall be Compensation, entitled to receive, and the state treasurer is hereby author- ized to pay to him, upon the warrant of the comptroller of the state treasury, the sum of five hundred dollars for the services required of him by this act. 7. And be it ennded.. That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved April 9, 1875. 100 GENERAL PUBLIC LAWS. CHAPTER CCCCXXVII. A Supplement to an act entitled " An Act respecting the Court of Chancery," approved March twenty-seventh, one thousand eight hundred and seventy-four. Persons 1. Be IT ENACTED by the SeucUe and Oeneral Assembly of Smu'cfrtuy*^*^^ * ^ -J CHAPTER CCCCXXVIII, ' - ' .■' A Further Supplement to the act entitled " An Act .c6n-, cerning Taxes," approved April fourteenth, one th'ottj'.* ^ sand eight hundred and forty-six. '*'.-''•' 1. Be it enacted hy the Senate and General Assembly o/Ceriifit'kitfir<^ the State of New Jersey, That in all cases where public J^i^,^^';^^^^^^^ notice for a specified time is required by law to be given, vRnance be ' before proceedings are had for the public sale of lands for nbuce ami ^^ unpaid taxes, no certificate of sale or tax title shall be a***"^^ pubiiea set aside and holden for naught by reason of any variance ^^^ between the date of such notice, and the actual publica- tion thereof ; /womckd, that notice shall have been or proviso, shall be actually given for the specified number of days prior to such proceedings for public sale. 2. And be it enactedy That all acts or parts of acts Repealer, inconsistent with or repugnant to this act, are hereby modified or repealed, and that this act shall be deemed a public act and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCXXIX. An Act respecting railroads sold under mortgage. 1. Be it enacted by the Senate and General Assembly ofp^^^^^^ ihe State of New Jersey, That whenever any railroad in when any »aii- this state, of any corporation created by or under any ^®"^gy^^^^^ law or laws of this state,shall be sold or conveyed under nnder the de- or by virtue of any decree or decrees of the court of e^urt^^/chan- chancerv of this state, or of the circuit court of the United <*ery to form a States, in and for the district of New Jersey, sitting inlS;^."^"^'*- equity, and execution or executions issued thereon, to 102 GENE'R^L PUBLIC LAWS. « • Proviso. Charter and franchises to enure to bene- fit a purcbacer of mortjj^aged property, aarin|2^ the pen deuo^ of pro ceedmgs. satisfy any moptgl^ge debt or debts or other incumbrances thereon, and.tiXf'fJurchaser or purchasers thereof shall, in the niaQiieXprovided by the statute in such cases made and proyidejd, have formed a new body politic and cor- porate^ Vj(>d"shall have made, and filed with the secretary of stajbd;.at Trenton, a certificate of the organization of sirc.h corporation, and whenever the new corporation so •formed shall have acquired title to the railroad property '•Hjhd franchises aforesaid, pursuant to any plan or agree- ["ment for the readjustment of the respective interests therein of the mortgage creditors, other creditors and stockholders of the company theretofore owning such property and franchises, and for the representation of such interests of the creditors and stockholders in the bonds, debts or stock of the new corporation so formed, then and in such case the said new corporation shall be authorized and have the povser to issue its bonds and stock in conformity with the provisions of such plan or agreement ; and the said new corporation may, at any time within six months after its organization, compro- mise, settle, or assume the payment of any debt, claim or liability of the former company, upon such terms as may be approved by a majority of the agents or trustees entrusted with the carrying oiit of the plan or agreement of reorganizaticn aforesaid ; and for the purposes of such plans and of such settlements, the said new corporation may and shall be authorized to establish preferences in respect to the payment of dividends in favor of any por- tion of its said capital stock, and to divide such stock into classes ; provided nevoihclesSy that nothing herein con- tained shall be held to authorize the issue of capital stock by the said new company to an aggregate amount exceeding the maximum amount of such stock men- tioned in the certificate of incorporation filed by such new corporation. 2. And be it enacted, That the charter and franchises of any railroad company in this state, whose property shall have been mortgaged, and against whom proceedings shall have been or shall be taken to foreclose such mort- gage, and to sell the mortgage property, shall subsist and continue during the pendency of such proceedings, and shall enure to the benefit of the purchaser or purchasers of the mortgaged property, under decree in such pro- SESSION OF 1875. 103 ceedings, any provision of law heretofore made to the contrary notwithstanding. 3. And be it enacted. That this act shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCXL. A Supplement to an act entitled " An Act to establish a State Industrial School for Girls," approved April fourth, eighteen hundred and seventy-one. 1. Be it evacted by the Senate arid General Assembly o/Rep©aier. fhe State of New Jersey^ That the seventeenth section of the act to which this is a supplement, to wit, " That the county collector of any county from which any girl shall have been committed by a justice of the supreme court to said industrial school, shall pay quarterly to the treas- urer or superintendent of said school, on the order of the president or chairman of the board of trustees, at the rate of three dollars per week for the board, clothing, and tuition of said pupil," be and the same is hereby repealed. 2. And be it enacted, That this act shall take etl'ect immediately. Approved April 9, 1875. CHAPTER CCCCXLI. An Act to repeal or abrogate certain francises granted by the state of New Jersey. 1. Be it enacted by the Senate and General Assembly o/ Repealer. tt€ State of New Jersey, That the third section of an act entitled " A Supplement to an act entitled * An Act to 104 GENERAL PUBLIC LAWS. incorporate the New York and Ix)ng Branch Railroad Company/ " passed April eighth, eighteen hundrod and sixty-eight," which act was filed by the governor in the office of the secretary of state, without his approval, on the twenty-third day of February, eighteen hundred and seventy-five, be and the same hereby is repealed and abrogated, except so far as it may authorize and empower the said the New York and Long Branch Railroad Com- pany to lease their road, or any portion thereof to the Central Railroad of New Jersey, or to consolidate their capital stock with the capital stock of said Central Rail- road of New Jersey, or to connect their railroad with the New Jersey Southern Railroad at or near Long Branch or with any railroad that may intersect their said road. 3. Arid he it enactedj That this act shall take efiect immediately. Approved April 9, 1875. CHAPTER CCCCXLIL A Supplement to an act entitled " An Act for the punish- ment of crimes," approved March twentj^-seventh, one thousand eight hundred and seventy-four. PersonB who commit or Rt- tempt to com- mit assnnltH and batteriefi u))oii each other, may be jointly indie* 1. Be it enacted by the Senate and General Asf^enihly of the Stateof New Jersey, Thatif any twoormore persons shall fight together, or shall commit or attempt to commit assaults and batteries upon each other, or shall be present aiding, assisting or abetting the same either in a public or a private place, in this state, they shall be guilty of a misdemeanor and may be jointly indicted, and be punishable in the same manner and to the same extent as persons are now punishable by law upon a conviction for assault and battery. Verdict of jury. 2. And be it enacted, That upon the trial of any indict- ment for the offence or offences described above, the jury may render a verdict of guilty or not guilty against any one or more persons charged in the said indictment. SESSION OF 1875. 105 # 3. And be it enacted, That this act shall be a public act and take eflPect immediately. Approved April 9, 1875. CHAPTER CCCCXLIII. A Supplement to the act entitled " An Act relative to the . attendance of children at School," approved March twenty-seventh, one thousand eight hundred and sev- enty-four. 1. Be IT ENACTED hy the Senate and General Assembly of the Children shall Sate of New Jersey y Thai every parent, guardian or other*^*|j°^^^2g person having control and charge of any child between in each year, the ages of eight and fourteen years, shall cause such^fhome^for*^ child to attend some public or private school,' at least 8ame period, twelve weeks in each year, six weeks at least of which attendance, shall be consecutive ; or to be instructed at home at least twelve weeks in each year, in the branches of education commonly taught in the public schools, un- less the physical or mental condition of the child is such as to render such attendance inexpedient or imprac- ticable. 2. And be it enacted. That any person failing to comply Penalty for with the provisions of this act shall, on written notice of°^^^™P^*" such failure from the district clerk of the school district, or the person designated by the board of education of the city where such offense has occurred, forfeit for the first offence, and pay to the township collector or city treas- urer, the sum of two dollars ; and after such first offense, shall, for each succeeding offense in the same year, for- feit and pay to the township collector or city treasurer, the sum of three dollars for each and every week, not ex- ceeding twelve weeks in any one year, during which they, after written notice as aforesaid, shall have failed to comply with the provisions of this act. 3. And be it enacted, That it shall be the duty of the district clerk of each school district, and of some person 106 GENERAL PUBLIC LAWS. Duties of the iu each city be selected by the city board of education, to ^^^{j^^^J^'j'^**^ report to the township collector of the township, or city dutrict. treasurer of the city where the offense has occurred, the names of all parents, guardians or other persons who fail to comply with the provisions of this act ; and the officer to whom such report is made, shall proceed to collect the penalties imposed by this act, in any court of competent jurisdiction, in the county in which such city, town, township or school district may be situated ; the said penalties when paid, to be added to the public school money of said school district in which the offense oc- cXirred ; provided, this law shall not be operative in those school districts of the state where there are not sufficient accommodations to seat the children compelled to attend school under the provisions of this act. Repealer. 4. And be it enacted, That all acts and parts of acts in- consistent with this act, be and the same are hereby re- pealed, and this act shall take eflfect immediately. Approved April 9, 1875. ProYiso. Savin([;8 baoks ma^ hold de- poeits made by married women or sin- gle women who may after- ward marry, free and clear from the con- trol of the hus- band of such depositor. CHAPTER CCCCXLIV. Supplement to an act entitled "An Act to encourage the establishment of Mutual Savings Associations," approved March four, one thousand eight hundred and forty -seven. 1. Be IT ENACTED by the SenaJte and General Assembly of the State of New Jersey, That in case any savings bank within this state, existing under special statute, or by virtue of an incorporation under the general statute to which this is a supplement, shall hereafter receive any deposit or deposits from any married woman or from any single woman who may afterward marry, it shall be lawful for the said corporation to hold the same, together with the interest or dividends which may accrue thereon, as the sole and separate property of such woman, as though she were single ; not subject to the control, nor SESSION OF 1875. 107 liable for the debts of her husband ; and to repay the same, and the interest and dividends, or any part thereof upon her check, order, receipt or demand, without the con- currence of her husband, and such payment shall exon- erate and discharge the said corporation from any further liability by reason thereof. 2. A7id he it enacted, That it shall hereafter be lawful May pay de- fer any savings bank incorporated by special statute or P^g|[^^p^^°fj,g®' under the general statutes of this state, at its discretion minor, who to pay to any depositor, being a minor, and orphan or S^^i^y^^^ia half orphan, who made the deposit or deposits personally, or her own and who acquired said deposits by his or her own labor, * '* and who supports himself or herself by his or her own labor, and has no guardian by appointment of the sur- rogate or testamentary guardian ; such sum as may be due to such depositor, and the receipt or acquittance of such minor shall be as valid as though the same were made by his or her guardian by appointment. 3. And be it enactedy That this act shall be a public act and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCXLVII. A Further Supplement to an act entitled " An Act to prevent frauds by incorporated companies," approved April fifteenth, one thousand eight hundred and forty- «ix. 1. Be IT ENACTED by the Senate and General Assembly o/ Lease of raii- ft« State oj New Jersey, That no lease of any railroad shall ^oad made by be made by any trustee or receiver appointed by the ceiver mnht be court of chancery or the chancellor, except upon a rental, »PP">v®dbv and adequate security for the payment of the same, both chanoefy,*&c. to be first approved by said court and a majority of stockholders of said railroad in interest, upon such public notice to the parties in interest, as said court shall direct. 108 GENERAL PUBLIC LAWS. 2. And be it enacted^ That this act shall take effect immediately. Approved April 9, 1875. * CHAPTER CCCCXLVIII. « A Further Supplement to an act entitled "An Act to regulate the business of fire, life, accident, marine and live stock insurance, by companies or associations not incorporated by this State," approved April ninth, eighteen hundred and sixty-seven. Insurance 1- Be IT ENACTED by the Seiiatc and General Assembly of companieaof jhe State of Neio Jersey, That it shall not be lawful for other states not . *' /• i-ji_x .• to open or any insurance company of any kind whatsoever, not in- maintain an corooratcd uiidcr or bv virtue of the laws of this state, office in this -a S^ i 'x . .1 state, without itscli or by its agcuts, surveyors, canvassers, or other previous com- representative of whatever designation, nor for anv such pliauce with ^ . ^ . • <• <♦ the insurance agcut, caiivasscr or representative of, nor for any person ^^^' on behalf of any such insurance company to open or maintain any office, or in any manner, directly or indi- rectly, transact any business of insurance within this state, notwithstanding such business may be transacted wholly with citizens of other states, without having previously complied with the provisions of the act to w^iich this is a supplement, and the various supplements thereto. Proceedings 2. And be it enactedj That if by virtue of the law of when any any State or nation, or by any rule, regulation or require- thersecretary mciit of the officcr charged with the execution of the of state of this insurance la ws of any such state or nation, any certificate state relatinfiT <• « ' %/ to the business of the Secretary of state of this state, in any wise relating or condition of to the busiucss or Condition of any insurance company niiv msurance /• x i • . , . ,• 1 • *^ i • p ' cof.panyof 01 th IS State transacting business or api)lying for au- ^j|^*^J®jjj^* *'®" thority to transact business in any such state or nation, recognized, shall be refused or not recognized, then it shall be the duty of the secretary of state of this state, to refuse to accept any certificate of such officer of another state SESSION OF 1875. 109 or nation, in any wise relating to the business or condition of any insurance company of such state or nation, trans- acting business or applying for authority to transact business in this state, and any insurance company of such other state or nation, transacting business or apply- ing for authority to transact business in this state, shall be subject to the same rules, regulations, exactions, exam- inations, and, in the case of life insurance companies, to the same valution of policies, and in every other respect to the same requirements as by the act to which this is a supplement and the various supplements thereto, are imposed upon insurance companies of this state ; and it shall not be lawful for any insurance company of such other state or nation, itself or by its agents, or otherwise, or by any person on behalf thereof, directly or indirectly, to transact any business of insurance within this state, without having fully complied with the provisions of this at*t. i.Aifid be it ena4itd, That the penalty for every violation Penalty, of this act shall be five hundred dollars, to be sued for and collected, on complaint, in the name of the state, by the prosecutor of the pleas for the county where the offence shall have been committed ; and the person or persons against whom a judgment shall be obtained, shall be committed to the county jail until such fine and costs are paid or otherwise discharged ; and one-half of said penalty, when recovered, shall be paid to the charit- able fund of any fire department in said county, and the other half to the complainant. Approved April 9, 1875. CHAPTER CCCCXLIX. A Supplement to " An Act i*elating to the Stevens Bat- tery," approved March twenty-seventh, eighteen hun- dred and seventy-four. 1. Be IT ENACTED by the Senate and Gerheral Assembly of (he State of New Jersey , That in case no sale is completed 110 GENERAL PUBLIC LAWS. May re-adver- and Carried out under the bids already received, that the the steveM govemor, the vice chancellor, and the executors of Ed- batiery. win A. Stevens, deceased, or a majority of said executors, are hereby authorized to re-advertise for bids and to sell the Stevens battery, according to the provisions of said act, notwithstanding the time therein mentioned for the receipt of bids may have elapsed. 2, And be it enacted, That this act shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCL. An Act to confirm the sale of the Stevens Battery. Preamble. Whereas, By an act entitled "An act relating to the Stevens Battery," approved March twenty -seventh, eighteen hundred and seventy-four, the governor, vice- chancellor, and a majority of the executors of the late Edwin A. Stevens, were directed to sell the Stevens battery, by inviting bids therefor, and opening said bids on the first day of July, eighteen hundred and seventy-four ; and whereas, the said the governor, vice- chancellor, and a majority of said executors of Edwin A. Stevens met on the twenty-second day of. April, A. D. eighteen hundred and seventy-four, and resolved that it was impracticable to effect the object of the act within the time specified therein, and at the times at which they were instructed to open bids and consum- mate a sale were to be considered as directory and should not be allowed to defeat the substantial pur- poses intended to be accomplished, and did give notice that they would receive bids up to twelve o'clock, noon, on the second day of November, A. D. eighteen hun- dred and seventy-four ; and wh^eas, on said second day of November, A. D. eighteen hundred and seventy-four, the bids for said vessel were by them opened at the state house, in the city of Trenton, and John Roach, of the city of New York, was found to be the highest unconditional bidder, his bid being the sum of one SESSION OF 1875. Ill hundred and five thousand dollars for said vessel as an entirety, and was also higher than the highest bids for the several parts when combined ; therefore, 1. Be it enacted by the Senate and General Assembly o/saiecoDfinned. tt« State of New Jersey, That the said action of the said the governor, vice-chancellor, and the executors of Edwin A. Stevens be hereby ratified and declared valid, and that the sale of said vessel be and the same is hereby confirmed, and that a deed or bill of sale for said vessel from the governor, vice-chancellor, and the majority of the executors of Edwin A. Stevens, deceased, to the said John Roach, shall pass the title of said vessel to him upon his performing the conditions of sale. 2. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. • Approved April 9, 1875. JOINT RESOLUTION^ NUMBER I. Joint Resolution relative to Law and Equity Reports. 1. Be it resolved by the Senate and General Assembly DwinhuHon of of the State of New Jersey, That the state treasurer after he J.*^^^*^ ^"^^^ receives copies ordered by the state, of the digest of the law and equity reports of New Jersey prepared by Ben- nington F. Randolph, shall deliver a copy thereof to each of the following officers, namely : the governor, chan- cellor, vice chancellor, chief justice and associate justices of the supreme court, the lay judges of the court of errors and appeals, attorney general, secretary of state, assistant secretary of state, state comptroller, state treasurer, clerk in chancery, clerk of the supreme court, reporter of the su- preme court, reporter of the court of chancery, the members of the senate and of the general assembly, the secretary and engrossing clerk of the senate, and the clerk and engross- ing clerk of the general assembly, and the reading and journal clerks of both houses ; in distributing said digest, one who has received a copy from the state is not to receive Same person another copy, although reelected to office; the state treas- JJJJ^^^^If^*^* arer shall also deliver to the state librarian for use in the library, and for use in the courts which hold their ses- sions in the state house, so many copies as the commis- sioners of the library may direct, the same not to be used for the purpose of exchange for other books ; also forty- six copies for exchanges with the librarians of other states and territories ; the state treasurer shall keep a correct ac- count of the copies delivered by him, and report the same in the annual statements made by him. Approved April 9, 1875. 8 PROCLAMATIONS BY JOEL PARKER, GOVERNOR. BY JOEL PARKER, GOVERNOR OF NEW JERSEY. PROCLAMATION BY THE QOVERNOR. State of New Jersey, Executive Department, ) Trenton, October 13, 1874. J Whereas, on the thirty-first day of March, in th^ year of our Lord one thousand eight hundred and seventy- one, the Legislature of this State passed a'n act rehitive to bribery, whereby it was enacted that, in addition to any punishment then imposed by statute or the common law, any person convicted of the offences named in said act should be deprived of the right of suffrage ; that any corporation whose managers, officers and agents, with the consent of said corporation, should use its money or property for the unlawful purposes therein specified, should forfeit its charter ; and that the party to an act of bribery who first complained of the other party should be exempt from the pains and penalties of law ; and whereas, the maintenance of the purity of the elective franchise is necessary to the preservation of a republican form of government ; Therefore I, Joel Parker, Governor of the State of New Jersey, enjoin upon all officers of the law within this State the utmost vigilance in enforcing the statutes rela- tive to bribery at elections, by promptly causing the arrest and prosecution of all who snail violate the same; and I exhort all good citizens to give their influence and assistance to the public authorities in their efforts to maintain the purity of the ballot. Given under my hand and seal at the Ex- ecutive Chamber, in the city of Trenton, this [l. s.] thirteenth day of October, in the year of our Lord one thousand eight hundred and seventy-four. Attest: JOEL PARKER. John A. Hall, Private Secretary. 118 PROCLAMATIONS. PROCLAMATION BY THE GOVERNOR OF NEW JERSEY. * I hereby designate Thursday, the 26th day of November, A. D. 1874, as a day of public thanksgiving and prayer; and I recommend the people of this State to observe the same by assembling on that day in their respective houses of public worship, there to give thanks to Almighty God for the blessings bestowed during the year now drawing to a close, and to pray for the continuance of similar blessings. Given under my hand and seal, at the Ex- ecutive Chamber, in the city of Trenton, [l. s.] the sixteenth day of November, A. D. eigh- teen hundred and seventj'^-four, and of the Indef>endence of the United States the ninety-ninth. Attest: JOEL PARKER. John A. Hall, Private Secretary. PROCLAMATION BY THE GOVERNOR. I, Joel Parker, Governor of the State of New Jersey, by authority of law, do proclaim and make known thai, in conformity to the sixth section of the act entitled " An Act providing for declaring and making known that certain laws and joint resolutions have become inoperative and void," approved March third, eighteen hundred and seventy-three, the Comptroller of the Treas- ury of this State has duly reported to me the following named bills, a list of which is hereto attached and mak- ing part of this Proclamation, with the date of approval or passage of each, all which bills were approved or passed during the session of eighteen hundred and sev- enty-four ; and that each of said bills has become inop- erative and void, for the reason that the parties interested PROCLAMATrONS. 1 19 therein have failed to pay the sum assessed thereon, and declared to be payable thereon, according to the require- ments of the act entitled " An Act to increase the revenue of the State of New Jersey," approved March sixth, eighteen hundred and fifty-eight, and the supplement thereto, approved March eighteenth, eighteen hundred and fifty-nine. Given under my hand and the Great Seal of the [seal.] State of New Jersey, at Trenton, this eighth day of September, A. D. eighteen hundred and seventv-four. JOEL PARKER. Bv the Governor : Henry C. Kelsey, Secretary of StaJte, ■s TITLES OF ACTS PROCLAIMED IiN OPERATIVE. 1^. TITLES OF ACTS AND DATE OF APPROVAL. An act to incorporate the Jersey City Curling Club ; approved February fifth, one thousand eight hundred and seventy-four. A supplement to an act entitled " An Act to incorpor- ate the City Fire Insurance Company, of Jersey City," approved April second, one thousand eight hundred and seventy-three; approved February sixteenth, one thou- sand eight hundred and seventy-four. An act to change the name of Deborah W. Brant; approved February sixteenth, one thousand eight hun- dred and seventy-four. An act to incorporate the Union Mutual Fire Insur- ance Company of Elizabeth, New Jersey; approved Feb- ruary sixteenth, one thousand eight hundred and seven- ty-four. An act to incorporate the Camden City Fertilizer and Utilization Company ; approved February seventeenth, one thousand eight hundred and seventy-four. An act to incorporate the Northern Insurance Com- pany; approved February eighteenth, one thousand eight hundred and seventy-four. An act to incorporate the Newark Stove Platform Com- pany; approved February eighteenth, one thousand eight hundred and seventy-four. An act to incorporate the Mechanics' Hall Association, of Jersey City ; approved February eighteenth, one thou- sand eight hundred and seventy-four. An act to authorize Samuel Birdsall to build wharves, piers and bulkheads in front of his lands on Barnegat Bay, Ocean county, New Jersey; approved February twenty-fourth, one thousand eight hundred and seventy four. An act to authorize Hannah A. Summervill, or her 1 24 PROCLAMATIONS. agent, to build a wharf or wharves in front of her lands on Salem Creek, in the township of Upper Penns Neck, Salem county, New Jersey ; approved Februarj' twenty- sixth, one thousand eight hundred and seventy-four. An act to authorize Ebenezer Westcott to build and construct a bridge over Charley Creek, in Weymouth township, Atlantic county; approved February twenty- seventh, one thousand eight hundred and seventy-four. An act to incorporate the Harper Hand Flouring Mill Manufacturing Company, of Burlington, New Jersey; approved March fifth, one thousand eight hundred and seventy-four. An act to incorporate the Newfield Hall Association ; approved March fifth, one thousand eight hundred and seventy-four. An act to incorporate the Master Bricklayers' Society, of the city of Camden, New Jersey ; approved March fifth, one thousand eight hundred and seventy-four. An act to incorporate the Jersey City Printing Com- pany ; approved March twelfth, one thousand eight hun- dred and seventy-four. An act to incorporate the Burlington Insurance Com- pany of Burlington City, New Jersey ; approved March twelfth, one thousand eight hundred and seventy-four. An act to incorporate the Passaic Club, of the city of Passaic, in the county of Passaic ; approved March twelfth, one thousand eight hundred and seventy-four. A supplement to the act entitled '' An act to incorpor- ate the Eatontown and Sea Shore Turnpike Company," approved February ninth, eighteen hundred and sixty- five ; approved March seventeenth, one thousand eight hundred and seventy-four. An act to incorporate the Ocean Paper Manufacturing Company ; approved March seventeenth, one thousand eight hundred and seventy-four. A supplement to an act entitled " An act to incorpor- ate the Stafford Mutual Insurance Company," approved March twenty-sixth, eighteen hundred and seventy -two; approved March seventeenth, one thousand eight hun- dred and seventv-four. An act to incorporate the South Jersey Telegraph Com- Eany ; approved March seventeenth, one thousand eight undred and seventy-four. PROCLAMATIONS. 1 25 A further supplement to an act entitled " An act to incorporate the Newark and South Orange Horse Gar Railroad Company," approved April sixth, one thousand eight hundred and sixty -five ; approved March eigh- teenth, one thousand eight hundred and seventy-four. An act to incorporate the New Jersey, New York, Albany and Troy Steam Navigation Company ; approved March nineteeth, one thousand eight hundred and seven- ty-four. An act for the relief of the Tubular Transit Company, of Staten Island ; approved March nineteenth, one thou- sand eight hundred and seventy-four. An act to incorporate the Hudson and Hackensack Roadway Company ; approved March nineteenth, one thousand eight hundred and seventy-four. A supplement to an act approved April fifth, one thou- sand eight hundred and seventy-one, entitled " An act to incorporate the New Jersey Real Estate Loan Company ;" approved March twenty-first, one thousand eight hun- dred and seventy-four. An act to incorporate the Essex Passenger Railway Company ; approved March twenty-fourth, one thousand eight hundred and seventy-four. An act to incorporate the Industry Fire Insurance Company, of th« city of Camden, in the state of New Jer- sey; approved March twenty-fourth, one thousand eight hundred and seventv-four. An act to incorporate the Mutual Loan and. Guarantee Association ; approved March twenty-fourth, one thou- sand eight hundred and seventy -four. An act to incorporate the Shillinger Artificial Stone Company ; approved March twenty-fourth, one thousand eight hundred and seventy-four. An act to incorporate the Hoboken Ship Canal Com- pany ; approved March twenty-sixth, one thousand eight hundred and seventy-four. An act to incorporate the Union Publishing Associa- tion; approved March twenty-sixth, one thousand eight hundred and seventy-four. A supplement to the " Act to incorporate the Caldwell and Millburn Railway Company," providing for a change in the name of the same, and for other purposes ; 1 26 PROCLAMATIONS. approved March twenty-seventh, one thousand eight hun- dred and seventy-four. An act to incorporate the Camden Building, Manu- facturing and Improvement Company ; approved March twenty-seventh, one thousand eight hundred and seventy- four. An act to incorporate the New Jersey Mining and Manufacturing Company ; approved March twenty- seventh, one thousand eight hundred and seventy-four. An act to incorporate the East New Jersey Mining and Manufacturing Company ; approved March twenty-sev- enth, one thousand eight hundred and seventy-four. An act to incorporate the Central Insurance Company, of New Jersey; approved March twenty-seventh, one thousand eight hundred and seventy-four. List of Acts Revived by Act approved March twaity-fonrth, one thousand eight hundred and seveniy-four, upon condi- tion that the Assessments be paid before the first day of May^ one thousand eight hundred and seventy-four^ which assess- ments Imve not been paid. An act to renew the charter of the Farmers' and Mechanics' Bank of Rahway, and to increase the capital stock thereof; approved February second, one thousand eight hundred and sixty. An act to incorporate the Morristown, Hanover and Pequannock Canal Company ; approved February twenty- first, one thousand eight hundred and sixty. A further Supplement to the act entitled " An act to in- corporate the Sussex Mine Railroad Company," approved March ninth, eighteen hundred and forty-eight ; ap- proved February twenty-first, one thousand eight hun- dred and sixty. An act to confirm certain deeds made by Joseph L. Corey, surviving executor of the last will and testament of Jose{)h Line, late of the township of New Providence, in the coiinty of Essex (now Union), deceased ; approved February twenty-ninth, one thousand eight hundred and sixty. An act to incorporate the Citizens' Gas Light Company, PROCLAMATIONS. 1 27 of Freehold ; approved March fourteenth, one thousand eight hundred and sixty. A supplement to an act entitled " An act to incorporate the Highstown and Perrinesville Turnpike Company," approved March' ninth, eighteen hundred and fifty-nine; approved March fourteenth, one thousand eight hundred and sixty. An act to confirm the conveyance of a lot of land in the city of Newark, in the county of Essex, from Thomas C. Hunt and Mary, his wife, to Joseph Booth; approved March seventeenth, one thousand eight hundred and sixty. A further supplement to the act entitled " An act for establishing a turnpike road from the town of Hacken- sack to Hoboken, in the county of Bergen," passed No- vember thirtieth, eighteen hundred and two ; approved March seventeenth, one thousand eight . hundred and sixty. An act to vest in the heirs-at-law of Ann Johnson, de- ceased, certain land and real estate in the county of Bur- lington, whereof William Ashton died seized ; approved March twenty-first, one thousand eight hundred and sixty. An act to incorporate the Mendham and Chester Rail- road Company ; approved March twenty-second, one thou- sand eight hundred and sixty. A further supplement to the act entitled "An act to incorporate the Cape Island Turnpike Company," ap- proved March first, eighteen hundred and fifty-one ; ap- proved March twenty-second, one thousand eight hundred and sixty. An act to amend an act entitled "An act to incorporate the Hoboken Fire and Marine Insurance Company," passed March twenty-third, eighteen hundred and fifty- nine ; approved March twenty-second, one thousand eight hundred and sixty. A further supplement to the act entitled "An act to enable the owners of the swamps and bog meadows lying on the east and west branches of the Pauling's Kill, in the township of Newton, in the county of Sussex, to drain the same," passed March first, eighteen hundred and thirty-six; approved February sixteenth, one thousand eight hundred and sixty-one. 1 28 PROCLAMATIONS. An act to incorporate the Stockholders of the Beverly and Mount Holly Turnpike or Plank Road, by the name of "Beverly and Mount Holly Turnpike C'onipany ;" approved March fourteenth, one thousand eight hundred and sixty-one. An act to enable Michael MuUone to convey and dispose of his property ; approved March fifteenth, one thousand eight hundred and sixty-one. Supplement to an act entitled "An act to incorporate the New Brunswick Water Company," approved March first, eighteen hundred and fifty-nine ; approved March fifteenth, one thousand eight hundred and sixtv-one. An act to incorporate the Boonton Protective Union, in the county of Morris ; approved March fifteenth, one thousand eight hundred and sixty-one. An act to incorporate the Madison Aqueduct Company ; approved Mar/^h thirteenth, one thousand eight hundred and sixty-two. An act to authorize the Thomas Iron Company to con- struct a railroad from their Iron Mines and other mines in the vicinity thereof, in the county of Morris, to the Morris Canal and the Morris and Essex Railroad ; ap- proved March twenty-seventh, one thousand eight hun- dred and sixty-two. A further supplement to the act entitled "An act to in- corporate the Sussex Mine Railroad Company," approved March the ninth, eighteen hundred and forty-eight; approved February fourth, one thousand eight Jiundred and sixty-three. A supplement to an act entitled " An act to incorporate the Manufacturers' Fire and Marine Insurance Company of Newark, New Jersey," approved February twenty- fourth, eighteen hundred and fifty-two ; approved Feb- • ruary ninth, one thousand eight hundred and sixty-three. An act su[)plementary to the act entitled " An act to incorporate the Moorestown and Mount Laurel Turnpike Company;" approved February eleventh, one thousand eight hundred and sixty-three. An act to incorporate the Camden County Manufac- turing Company ; approved March twenty-fifth, one thousand eight hundred and sixty-three. An act to vest in the devisees under the will of Mar- garet Curtis, deceased, land and real estate in the county PROCLAMATIONS. 1 29 of Burlington, of which Emma Curtis died seized ; ap- proved March twenty-fifth, one thousand eight hundred and sixty-three. An act to confirm a certain sale and conveyance made by Anna Mdria Cougle, late of the county of Hunterdon, dated March seventeenth, eighteen hundi;ed and fifty- eight ; approved March seventeenth, one thousand eight hundred and sixty-four. A supplement to the act entitled " An act to incorporate the Camden County Manufacturing Company," approved March twenty-fifth, eighteen hundred and sixty-three; approved March twenty-second, one thousand eight hun- dred and sixty-four. An act to incorporate the New Jersey Glass Manufac- turing Company, in the county of Camden ; approved March twenty-second, one thousand eight hundred and sixtv-four. A supplement to the act entitled " An act to incorpor- ate the Elizabethport Manufacturing Company," passed February seventeenth, eighteen hundred and thirty-six ; approved March twenty-second, one thousand eight hun- dred and sixty-four. An act to authorize Luke Stansbie to vacate a certain part of a private road in the township of West Hoboken, in the county of Hudson; approved March twenty-third, one thousand eight hundred and sixty-four. A supplement to an act entitled " An act to enable the owners and possessors of the meadows adjoining Assis- cuuk or Birch Creek, within the townships of Springfield and Mansfield, in the county of Burlington, to improve the same," passed March seventh, eighteen hundred and thirty-two ; approved March twenty -third, one thousand eight hundred and sixty-four. A supplement to the act entitled " An act to incorpor- ate the Washington Aqueduct Company," approved Jan- uary twentieth. Anno Domini eighteen hundred and thirty-one ; approved March twenty-fourth, one thousand eight hundred and sixty-four. A iirther supplement to the act entitled " An act to incorporate the Jersey City Gas Light Company," approved March first, eighteen hundred and forty-nine ; approved March twenty-ninth, one thousand eight hundred and sixty-four. 9 1 30 PROCLAMATIONS. An act to incorporate the Union Club, of Orange, in the county of Essex ; approved March twenty-ninth, one thousand eight hundred and sixty-four. An act for the rehef of James N. Lawrence; approved April fourteenth, one thousand eight hundred and sixty- our. An act to incorporate the Congress Hall Hotel Com- Eany ; approved April fourteenth, one thousand eight undred and sixty-four. An act to incorporate the South Jersey Cranberry Com- pany ; approved March tenth, one thousand eight hun- dred and sixtv-five. An act to incorporate the Schooley^s Mountain Turn- pike Company ; approved March twenty-second, one thou- sand eight hundred and sixty-five. An act to incorporate the Bordentown and Buffalo Creek Oil and Mining Company ; approved April fifth, one thousand eight hundred and sixty-five. An act to incorporate the Hudson County Aqueduct Company; approved April sixth, one thousand eight hundred and sixty-five. A furtlier supplement to an act entitled ^' An act to incorporate the Camden, Moorestown, Hainesport and Mount IToUy Horse Car Railroad Company," a[)i)roved March fifteenth, eighteen hundred and fifty-nine; ap- proved April sixth, one thousand eight hundred and sixty -five. A further supplement to the act entitled " An act to incorporate the Gloucester Turnpike Company," approved March fifth, eighteen hundred and fifty ; approved April third, one thousand eight hundred and sixty-six. Suj)plement to an act entitled " An act to incorporate the Jersey City Gas Light Company," approved March first, eighteen hundred and forty-nine ; approved April second, one thousand eight hundred and sixty-six. An act to incorporate the Middlesex Building and Land Improvement Company; approved March seventh, one thousand eight hundred and sixty-six. An act to incorporate the Hudson Warehousing, Loan and Insurance Company; approved April third, one thousand eight hundred and sixty-seven. An act to incorporate the Jersey City Steamboat Com- PROCLAMATIONS. 131 pany; approved April fourth, one thousand eight hun- dred and sixty-seven. An act to incorporate the Sussex Valley Railroad Coni- Eany; approved March fourteenth, one thousand eight undred and sixtv-seven. An act to incorporate the Jersey City Workingmen's Co-operative Association; approved March twenty-sev- enth, one thousand eight hundred and sixty-eight. An act to incorporate the Belleville Land Improve- ment Company ; approved April seventh, one thousand eight hundred and sixty-eight. An act to incorporate the Texas Mills and Spotswood Turnpike Company ; approved April ninth, one thou- sand eight hundred and sixty-eight. A supplement to the act entitled " An act to incorpor- ate the Gloucester Turnpike Company," approved March fifth, eighteen hundred and fifty ; approved April six- teenth, one thousand eight hundred and sixty-eight. An act to incorporate the Woodside Co-operative Gro- cen' Store Association; approved April seventeenth, one thousand eight hundred and sixty-eight. An act to incorporate the Friendly Sons of Ireland, of Hudson county ; approved March seventeenth, one thou- sand eight hundred and sixty-nine. A further supplement to an act entitled '* An act to in- corporate the Hightstown and Perrinesville Turnpike Company," approved the ninth day of March, Anno Domini eighteen hundred and fifty -nine ; approved March seventeenth, one thousand eight hundred and sixty-nine. A supplement to the act entitled " An act to incorporate the Middlesex and Monmouth Turnpike Company," ap- proved March thirteenth, eighteen hundred and sixty- three; approved March, thirty-first, one thousand eight hundred and sixty-nine. An act to incorporate the Camden Fire insurance Com- pany ; approved April first, one thousand eight hundred and sixty-nine. Supplement to an act entitled " An act to incorporate the Mendham and Chester Railroad Company," approved ^larch twenty-second, eighteen hundred and sixty, and its several supplements ; approved April first, one thou- sand eight hundred and sixty-nine. A further supplement to the act entitled " An act for 132 PROCLAMATIONS. the establishing a turnpike road from the town of Hackensack to Hoboken, in the county of Bergen" ; ap- proved April second, one thousand eight hundred and sixty-nine. A^ supplement to the act entitled " An act to incorporate the Spotswood and Old Bridge Turnpike Company" ; ap- proved April second, one thousand eight hundred and sixty-nine. An act to incorporate the Union Hall Association of Belleville; approved April second, one thousand eight hundred and sixty-nine. An act to incorporate the Forked River and Barnegat Turnpike Company; approved February twenty-third, one thousand eight hundred and seventy. An act to incorporate the Morris County Ice Company ; approved March eighth, one thousand eight hundred and seventv. Supplement to an act entitled " Afi act to incorporate the Pavonia Horse Railroad Company," approved April fourth, eighteen hundred and sixty-eight; approved March fifteenth, one thousand eight hundred and seventy. A further supplement to the act approved March twenty-third, eighteen hundred and fifty-nine, entitled "An act to incorporate the Jersey City and Hoboken Horse Railroad Company" ; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Highistown and Princeton Turnpike Company ; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Caledonian Club, of Hudson county ; approved March seventeenth, one thousand eight hundred and seventv. A supplement to "An act to incorporate the Ocean Cranberry Company," approved March fourteenth, eigh- teen hundred and sixty-seven ; approved March seven- teenth, one thousand eight hundred and seventy. An act to authorize the building of a private wagon bridge over the North Branch of the Rancocas Creek, at Mount Holly, Burlington county ; approved March sev- enteenth, one thousand eight hundred and seventy. An act to incorporate the Peoples' Freight and Trans- PROCLAMATIONS. 1 33 portion Company ; approved March thirty -first, one thou- sand eight hundred and seventy-one. An act to authorize Henry Barber to build wharves, piers and bulkheads in front of his lands on the Delaware River, in the township of Upper Penns Neck, Salem county, New Jersey ; approved March twenty-third, one thousand eight hundred and seventy-one. A supplement to "An act to charter the Passaic Valley and Peapack Railroad Company," approved March twenty -ninth, one thousand eight hundred and sixty-five ; approved April fourteenth, one thousand eight hundred and seven tv -one. A supplement to the act entitled "An act to incorporate the Caldwell Railroad Company," approved March tenth, one thousand eight hundred and sixty-nine ; approved April fifth, one thousand eight hundred and seventy -one. A further supplement to the act entitled "An act to in- corporate the Peoples' Mutual Fire and Marine Insurance Company, of Newark, New Jersey," approved March fifth, eighteen hundred and sixty-six ; approved February fifteenth, one thousand eight hundred and seventy-two. An act to confirm to the grantees thereof the title of certain land and premises in the township of Belleville, in the countv of Essex, sold and conveyed by the Execu- tors of the last will and testament of John Williams, deceased, late of said township ; approved March fifth, one thousand eight hundred and seventy-two. An act to incorporate the Hudson County German Pub- lishing Association ; approved March eighth, one thou- sand eight hundred and seventy-two; An act to incorporate the Union Hall Association, of Barnegat, New Jersey ; approved March eighth, one thou- sand eiglit hundred and seventy-two. An act to incorporate the Burlington Land and Im- provement Company ; approved March twenty -second, one thousand eight hundred and seventy-two. An act to incorporate the New Jersey Trust and Safe Deposit Company ; approved March twenty-sixth, one thousand eight hundred and seventy-two. A further supplement to an act entitled " An act to incorporate the Hudson County Gas Light Company," approved March sixth, eighteen hundred and sixty- 1 34 PROCLAMATIONS. three ; approved March nineteenth, one thousand eight hundred and seventy -two. An act to repeal an act entitled "An act to incorporate the Beverly and Charleston Turnpike Company," ap- proved the second day of April, one thousand eight hun- dred and sixty-eight ; approved April third, one thou- sand eight hundred and seventy-three. An act to incorporate the High Bridge Co-operative Company ; approved March fifth, one thousand eight hundred and seventy-three. An act to incorporate the Hackettstown Iron Company ; approved April fourth, one thousand eight hundred and seventy-three. An act to incorporate the Point Pleasant Land and Improvement Com{)any; approved April fourth, one thousand eight hundred and seventy-three. An act for the protection of the Morrisville Water Power ; approved April fourth, one thousand eight hun- dred and seventy-three. An act to repeal " An act to incorporate the Mount Holly and Eayrestown Turnpike Company," approved March twenty-fourth, one thousand eight hundred and fifty-five ; approved March twenty-sixth, one thousand eight hundred and seventy-three. Supplement to the act incorporating the Woodstown and Mantua Railroad Company ; approved March twen- ty-eighth, one thousand eight hundred and seventy-three. A further supplement to the act entitled " An act to incorporate the Schooley's Mountain Turnpike Com- pany," approved March twenty-second. Anno Domini one thousand eight hundred and sixty-five; approved March twenty-eighth, one thousand eight hundred and severity- three. An act to change the name of Joseph B. Seward to Joseph B. Winters ; approved February twelfth, one thou- sand eight hundred and seventy-three. A supplement to an act entitled " An act to incorpo- rate the Spotswood and Old Bridge Turnpike Company," approved February twenty-fifth, one thousand eight hun- dred and sixty-seven ; approved April fourth, one thou- sand eight hundred and seventy-three. Supplement to " An act to incorporate the Union Hall Association, of Barnegat, New Jersey,'' approved March PROCLAMATIONS. 1 35 eighth, one thousand eight hundred and seventy -two ; approved April fourth, one thousand eight hundred and seventy-three. An act to authorize Samuel Hilliard to build wharves, Siers and bulkheads in front of his land on Maurice iver, Cumberland county, New Jersey ; approved Feb- ruary twelfth, one thousand eight hundred and seventy- three. A supplement to an act entitled " An act to incorpo- rate the Freehold and Smithville Turnpike Company," passed February twenty-sixth, eighteen hundred and fifty-eight ; approved February fourteenth, one thousand eight hundred and sixty. An act to incorporate the Citizens' Gas Light Com- pany, of Freehold ; approved March fourteenth, one thou- sand eight hundred and sixty. A su{>plement to an act entitled " An act to incorporate the Hightstown and Perrinesville Turnpike Company," approved March ninth, eighteen hundred and fifty-nine; approved March fourteenth, one thousand eight hundred and sixtv. An act to incorporate the Middletown Point Gas Light Company ; approved March fifteenth, one thousand eight hundred" and sixty. An act to incorporate the Matawan and Holmdel Turn- pike Company; approved March eleventh, one thousand eight hundred and sixty-two. An act to incorporate the Red Bank and Rumson Neck Railroad Company ; approved March twenty-third, one thousand eignt hundred and sixty-five. An act to incorporate the Long Branch Reservoir and Water Power (.'ompany ; approved April eleventh, one thousand eight hundred and sixty-seven. An act to incorporate the Long Branch Spring Com- pany; approved April ninth, one thousand eight hun- dred and sixty-seven. A supplement to an act entitled " An act to incorpo- rate the Long Branch and Deal Turnpike Company" ; approved February thirteenth, one thousand eight hun- dred and sixty-eight. An act to renew the charter of the Smithville and Blue Ball Turnpike Company, of the county of Monmouth, incorporated February seventh, eighteen hundred and 1 36 PROCLAMATIONS. sixtv-six, and a supplement thereto ; approved April first, one thousand eight hundred and sixty -eight. ^ n act to incorporate the Manchester Fruit Preserving and Manufacturing Company, in the county of Ocean ; approved April sixteenth, one thousand eight hundred and sixty-eight. A further supplement to an act entitled " An act to in- corporate the Highstown and Perrinesville Turnpike Company," approved the ninth day of Manh, Anno Domini eighteen hundred and fifty-nine ; approved March seventeenth, one thousand eight hundred and sixtv-nine. An act to incorporate the New Egypt and Farming- dale Railroad Company ; approved March seventeenth, one tliousand eight hundred and sixty-nine. An act to incorporate the Forked River and Barnegat Turn|)ike Company ; approved February tvvent^^-third, one thousand eight hundred and seventy. An act to incorporate the Hightstown and AUentown Turnpike Company; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Middletown and Holmdel Turnpike Company; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Freehold Cranberry and Land Improvement Company; approved February twen- ty-ninth, one thou{?and eight hundred and seventy-two. ^ n act to incorporate the Farmingdale Manufacturing Company; approved March twenty-second, one thousand eight hundred and seventy-two. A supplement to " An act to incorporate the AUentown Railroad Company ; " approved March fifth, one thousand eight hundred and seventy-three. Supplement to " An act to incorporate the Farm- ingdale Manufacturing Company ;" approved April third, one thousand eight hundred and seventy-three. An act to incorporate the Point Pleasant Land and Im- provement Company ; approved April fourtn, one thou- sand eight hundred and seventy -three. A supplement to an act entitled " An act to incorporate the Toms River and AVaretown Railroad Company, of Ocean county. New Jersey," approved March seventeenth, PROCLAMATIONS. 137 one thousand eight hundred and seventy ; approved April fourth, one thousand eight hundred and seventy-three. An act entitled " A supplement to and amendatory to an act entitled * An act to incorporate the Tuckerton and Atlantic Railroad Company/" approved March twenty- third, one thousand eight hundred and sixty-nine; ap- proved April third, one thousand eight hundred and seventy three. SAVINGS BANKS. A supplement to an act entitled " An act to incorporate the Hoboken Bank for Savings, for the city of Hoboken," approved March twentieth, eighteen hundred and fifty- seven ; approved March twenty-third, one thousand eight hundred and sixty-four. An act to incorporate the Savings Bank of South Amboy ; approved April sixth, one thousand eight hun- dred and sixty-five. An act to incorporate the Bergen Savings Institution ; approved April eleventh, one thousand eight hundred and sixty-seven. An act to incorporate the Newark Sparverein, of Newark, Xew Jersey (Newark Savings -Association); approved February thirteenth, one thousand eight hundred and % sixty-eight. An act to incorporate the Dime Savings Bank of the city of Hoboken ; approved April third, one thousand eight hundred and sixty-eight. Supplement to the act entitled " An act to incorporate the Citizens^ Saving:s Institution of Jersey City," ai)proved April third, eigliteen hundred and sixty seven ; approved April fourteenth, one thousand eight hundred and sixty- eight. An act to amend an act entitled " An act to incorporate the Hoboken Bank for Savings, of the city of Hoboken," approved March twentieth, eighteen hundred and fifty- seven; approved April sixteenth, one thousand eight hundred and sixty-eight. An act to incorporate the Dime Savings Bank, of the city of Hudson ; approved February tenth, one thousand eight hundred and sixty-nine. An act to incorporate the Mechanics' and Laborer's 138 PROCLAMATIONS. Savings Bank, of Jersey City ; approved March third, one thousand eight hundred and sixty-nine. An act to incorporate the Englewood Savings Bank; approved March twenty fourth, one thousand eiglit hun- dred and sixty nine. An act to incorporate the Union County Dime Savings Bank ; approved March fifteenth, one thousand eight hundred and seventy. An act to incorporate the Bayonne City Savings Bank ; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Hamilton Savings Bank, of the City of Paterson ; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Ocean County Savings Bank ; approved March seventeenth, one thousand eight hun- dred and seventv. An act to incorporate the People's Savings Bank, of the City of Trenton ; approved March seventeenth, one thousand eight hundred and seventy. An act to incorporate the Hackettstown Savings Bank ; approved March seventeenth, one thousand eight hun- dred and seventv. A supplement to an act entitled "An act to incorporate the Union County Dime Savings Bank," approved March fifteenth, eighteen hundred and seventy ; approved Feb- ruary fourteenth, one thousand eight hundred and seventy-one. An act to incorporate the Germania Mutual Savings Institution ; approved March fourteenth, one thousand eight hundred and seventy-one. An act to incorporate the Sussex County Savings Insti- tution ; approved March twenty-first, one thousand eight hundred and seventy -one. An act to incorporate the Germania Savings Bank, of Jersey City ; approved March twenty-ninth, one thousand eight hundred and sevcmty-one. An act to incorporate the Home Savings Bank, of New Brunswick, Neyv Jersey ; approved April fifth, one thousand eight hundred and seventy-one. An act entitled "An act to incorporate the Citizens* Savings Bank, of Passaic ;" approved April fifth, one thousand eight hundred and seventy-one. PEOCL AMATIONS. 1 39 A supplement to the act entitled "An act to incorporate the Mechanics' and Laborers' Savings Bank, of Jersey City," approved March third, one thousand eight hundred and sixty-nine ; approved April fifth, one thousand eight hundred and seventy-one. An act to incorporate the Lambertville Savings Bank ; approved April sixth, one thousand eight hundred and seventv-one. A supplement to an act entitled "An act to incorporate the Germania Mutual Savings Institution, of Newark, New Jersey," approved March fourteenth, fighteen hun- dred and seventy-one ; approved March first, one thousand eight hundred and seventy-two. Supplement to "An act to incorporate the Citizens' Savings Bank, of Passaic," approved April fifth, eighteen hundred and seventy ; approved April tnird, one thousand eight hundred and seventy-two. An act to incorporate the Chester Savings Bank ; ap- proved March twenty-seventh, one thousand eight hun- dred and seventy-three. An act 16 incorporate the Franklin Building and Loan Savings Bank, of Metuchen ; approved April fourth, one thousand eight hundred and seventy -three. An act to incorporate the Madison Savings Bank ; ap- proved April fourth, one thousand eight hundred and seventy -three. LETTER OF THE COMPTROLLER. State of New Jersey, Office of Comptroller of the Treasury, Trenton, July 31, 1874. Hi» Excellency Joel Parker, Governor : Sir: — Pursuant to the provisions of the sixth section of an act entitled " An Act providing for decreeing and making known that certain Laws and Joint Resolutions have become inoperative and void," approved March 3, 1873, I have the honor to transmit herewith a list of the titles and date of approval or passage of the private acts |>assed and approved during the session of 1874, upon which the assessments have not been paid as required by law. The act above referred to (approved March 3, 1873,) provided that the Comptroller should, during the month of July, 1873, make a report to the Governor of the pri- vate acts approved since the 18th day of March, 1859, which had become inoperative and void by reason of the non-payment of the assessment required by law. Certain of the acts embraced in the report made in pur- suance of the said act were conditionally revived by an act entitled " An Act to revive certain acts, and to legal- ize and ratify proceedings thereunder," approved March 24, 1874, the conditions being the payment, on or before the first day of May then next ensuing, of the original assessments due on the acts so revived, and the additional sum of twenty-five dollars on each act. I transmit herewith a list of titles of the acts so con- ditionally revived, but concerning which the conditions have not been fulfilled, and whicli are, therefore, under the terms of the act, still inoperative and void. Respectfully submitted, A. L. RUNYON, Coviptroller. TABLE OF CONTENTS. IT CONTENTS OF GENERAL PUBLIC LAWS. Chap. Page 15. Supplement in the act entitled **An act for the iustruo- tion and maintenance of indigent deaf and dumb, blind and feeble minded persons, inhabitants of this State." . ... 11 16. A further supplement to an act entitled *' An act to authorize the establishment and to prescribe the duties of companies for manufacturing and other purposes/' approved March second, eighteen nundred and forty-nine 12 25. A further supplement to an act entitled *' An act for the relief of persons imprisoned on civil process,'* approved March twenty-second, one thousand eight hundred and seventj-four 12 26. An act to confirm acknowledgments and proofs of deeds, mortgages, and other instruments of writing taken by Frederick R. Anderson 13 22. An act relating to the Revised Statutes of this State 14 83. A further supplement to the act entitled *' An act for the better enforcement in Maurice River Cove and Delaware Bay, of the act entitled * An act for the preservation of clams and oysters,' approved April fourteenth, eighteen hundred and forty- six, land of the supplements thereto." 15 53. A farther supplement to an act entitled *' An act to regulate the sales of real estate made under a public statute or the direction of a court," approved April fifteenth, eighteen handred and forty-six 17 54. A further supplement to an act entitled ^* An act relative to the sale and disposition of the real estate of infants," (revision,] approved March twenty- seventh, eighteen andred and soventy-four 18 55. A supplement to the act entitled ''An act for the relief of Sersons imprisoned on civil process ;" [revision] approved [arch twenty-seventh, eighteen hundred and seventy- four 18 69. An act to fix the quorum of the Board of Trustees of the State Normal School and of the State Board of Educa- tion ; 19 10 146 CONTENTS. Chap. Page 76. A supplement to an act passed November twenty -fourth, one thousand seven hundred and ninetv-four, entitled ^^ An act to prevent the burning of woods, marshes and meadows.*' 20 86. A further supplement to the act entitled '^ An act respecun^ conveyances," [revision.] approved March twenty- seventh, one thousand eight hundred and seventy-four 21 87. A further supplement to an act entitled *' An act ^o provide a digest of the law and equity reports of the State of New Jersey," approved April ninth, eighteen hundred and sixty-seven 22 88. A supplement to an act entitled *' An act to provide for the compilation and publication of an index of all the public laws of this State," approved April third, eighteen hun- dred and seventy-three 22 96. A further supplement to the act entitled '* An act to pro- vide additional accommodations for the insane of this state," approved March thirty-first, one thousand eight hundred and seventy-one 23 101. A further supplement to the act entitled ^' An act to au- thorize the establishment, and to prescribe the duties of companies for manufacturing and other purposes," ap- proved March second, one thousand eight hundred and forty-nine -. 24 102. A supplement to the act entitled *' An act relative to sales of lands under a public statute, or by virtue of any judi- cial proceeding," approved March twenty-seventh, one thousand eight hundred and seventy-four 25 103. An act for the support of the State Reform School for Boys 25 113. An act to define the powers of Legislative Committees of Investigation .* 26 137. An act to repeal acts relative to the publication of laws in the newspapers of this State 27 138. An act authorizing the cession of jurisdiction and convey- ance of lands of this State, under tidal waters, to the United States, to be used as sites for light houses, beacons, and other aids to navigation 28 139. An act repealing sections one and two of an act entitled a supplement to the act entitled ** An act to make free the public schools of the State," and supplemental to the act entitled ^* An act to establish a system of public instruc- tion," approved March twenty-first, one thousand eight hundred and sixty -seven, approved March twenty-first, one thousand eight hundred and seventy-four 29 140. An act to authorize citizens of this State to take appren- tices bound to them outside of this State 29 141. A supplement to an act entitled '^ An act to amend and CONTENTS. 14 Cbap. Page consolidate the several acts relating to game and game fish,'* approved March twenty-seventh, one thousand eight hundred and seventy-four 30 142. A supplement to an act entitled '^An act constituting courts* for the trial of small causes/' approved March twenty-seventh, one thousand eight hundred and seventy- four 31 143. A supplement to an act entitled ** An act concerning mort- gages," [revision,] approved March twenty-seventh, one thousand eight hundred and seventy-four 32 144. A further supplement to ** An act to incorporate Trustees of religious societies," approved April seventeenth, one thousand eight hundred and forty- six 32 172. An act to provide for an investigation into the origin of fires 33 173. A further supplement to the act entitled ^' An act to au- thorize the establishment and to prescribe the duties of companies for manufacturing and other purposes," ap- proved March second, eighteen hundred and forty-nine.. 35 174. A further supplement to an act entitled *' An act to ap- point commissioners to erect an addition and make rt^pairs to the 8tate House," approved March thirty-first, one thousand eight hundred and seventy-one 36 177. Supplement to an act entitled **An act for regulating public shows," approved March twenty-seventh, one thousand eight hundred and seventy-four 37 195. A supplement to the act entitled '* An act respecting con- veyances," approved March twenty-seventh, one thousand eight hundred and seventy-four 38 210. A supplement to an act pussed November twenty-fourth. one thousand seven hundred and ninety-four, entitled '* An act to prevent the burning of woods, marshes and meadows." 39 211. A further supplement to the act entitled * An act to incor- . porate benevolent and charitable associations," approved March ninth, oue thousand eight hundred and fifty -three. 40 212. A supplement to an act entitled ^* An act for the preven- tion of cruelty to animals," approved April first, one . thousand eight hundred and seventy-three «. 40 235. An act concerning the sale of railroads, canals, turnpikes, bridges, and plank roads '. 41 2S5. Supplement to the act entitled ^' An act for the relief of Joseph I. Thompson," approved March twenty-seventh, eighteen hundred and seventy-four 43 273. Supplement to an act entitled '^ An act to incorporate the chosen freeholders in the respective counties of the State," approved April sixteenth, one thousand eight hundred and forty-six 44 148 CONTENTS. Chap. Page 274. An act for the relief of corporations organized under general laws 45 275. A farther supplement to an act entitled ^' An act tf) incor- porate benevolent and charitable associations/* approved March ninth, one thousand eight hundred and fifty-three. 46 276. A supplement to an act entitled *' An act relative to oaths and aliidavits," approved March twenty-seventh, one thousand eight hundred and seventy -four 47 277. Supplement to an act entitled '* An act to regulate the manufacture and sale of fertilizer^/* approved March twenty-fourth, one thousand eight hundred and seventy- four 47 278. A supplement to an act entitled '' An act to provide for the drainage of landii/* approved March eighth, eighteen hundred and seventy-one 48 292. A further supplement to the ^^ Act to fix the salaries of the officers of the Senate and G-eneral Assembly of the State of New Jersey," approved February twenty-fifth, eigh- teen hundred and sixty-one 49 293. A further supplement to the ^* Act to fix the salnries of the officers of the Senate and General Assembly of- the State of New Jersey,"' approved February twenty -fifth, one thousand eight hundred and sixty -one 50 294. Supplement to ** An act concerning crimes," approved March twenty -seventh, one thousand eight hundred and seventy- four 51 307. A supplement to an act entitled '* An act to amend the law relating to the property of married women," approved the twenty-seventh day of March, eighteen hundred and seventy-four 52 308. A further supplement to an act entitled ''An act to ascer- tain the rights of the State and riparian owners in the lands lying under the waters of the Bay of New York and elsewhere in this State," approved April eleventh, one thousand eight hundred and sixty-four 53 312. A supplement to an act entitled '^ An act relative to the Supreme and Circuit Courts," approved March twenty- seventh, eighteen hundred and seventy-four 54 319. An act for the support of the State Industrial School for Girls 55 320. An act concerning sealed instruments..... •• 5ti 321. An act to confirm the proofs and acknowledgments of deeds and other writings of James A. Falkner, commissioner for New Jersey in New York.... 56 328. A further supplement to an act entitled *^ A farther supple- ment to an act entitled ^ An act constituting courts for the trial of small causes,* " approved April sixth, eighteen hundred and seventy-one 57 CONTENTS. 149 Chap. Page 333. An act to prevent the adulteration of milk, and to prevent traffic in impure and unwholesome milk 58 S44. A supplement to an act entitled *' An act to provide for th* organization 6f the New Jersey home for disabled soldien*/' approved April fourth, eighteen hundred and sixty-six 60 345. An act for the preservation of fish in certain waters within the state of New Jersey 60 346. A supplement to the act entitled *^ An act to establish a 8yst(*m of public instruction/' approved March twenty- first, eighteen hundred and sixty -seven .» 63 347. Supplement to the *' Act for the organization of the Na- tional Guard of New Jersey,'* approved March ninth, one thousand eight hundred and sixty .nine 64 348. A supplement to an act entitled '* An act concerning roads," approved March the twenty-seventh, in the year of our Lord one thousand eight hundred and seventy - four 64 319. An act entitled an act to exempt soldiers and sailors who served in the war of one thousand eight hundred and twelve, from poll tax 65 365. An act to defray the incidental expenses of the Now Jersey Legislature for the session of one thousand eight hundred and seventy-five 65 366. An act to authorize the appointment of a Centennial Board for this State, and to define its duties 70 367. An act to provide for submitting proposed amendments to the Constitution of this State, to the people thereof 72 368. A supplement to the act entitled " An act constituting courts for the trial of small causes/' [revision.] approved March twenty-seventh, eighteen hundred and seventy- four 77 369. A supplement to the act entitled ** An act in respect to insurance for lives for the benefit of married women," appruved February nineteenth, one thousand eight hun- dred and fifty-one • . 78 370. A supplement to an act entitled '* An act to amend and consolidate the several acts relating to game and game fish," approved March twenty-seventh, eighteen hundred and seventy-four 79 371. An act to provide ways and means to defray the state ex- penditures 81 372. An act to provide additional improvements and accommo- dations for the State Normal School buildings 83 377. A supplement to an act entitled '* An act respecting con- veyances," approved March twenty-seventh, one thousand eight hundred and seventy -four 84 152 CONTENTS. Cnap. Pagt 378. An act for an appropriation for the support and main- tenunce of the Soldiers* Children's Home 84 379. An act to incorporate building companies 85 38(K An act to provide for stocking the lakes, ponds and streams of this State with food fishes 86 381. An net to repeal '* A further supplement to an act entitled ' An act to fix the salaries of the officers of the Senate and General Assembly of the State of New Jersey,' approved February sixth, one thousand eight hundred und sixty- seven/* approved April third* one thousand eight hundred and seventy-three 87 382. A supplement to an act entitled *' An act for the punish- ment of crimes," approved March twenty-seventh, eighteen hundred and seventy-four 87 383. A supplement to the act entitled ** An act to establish a system of public instruction/' approved March twenty- seventh, eighteen hundred and seventy-four 88 384. An act amendatory of the act entitled ** An act relative to sales of land under a public statute or by virtue of any judicial proceeding/' approved March twenty-seventh, eighteen hundred and seventy-four 89 385. An act in relation to the distribution of the laws of this State and other documents published under the authority thereof 90 386. An act io amend certain errors in the revised lawji, passed last session 91 387. A supplement to an act entitled '^ An act respecting con- veyances,'* [revision,] approved March twenty-seventh, one thousand eight hundred and seventy-four 92 390. A further supplement to an act entitled *^ An act to amend the law relating to the property of married women," approved the twenty-seventh day of March, one thou.naud eight hundred and seventy four 93 391. A supplement to the act entitled ^' An act to complete the geological survey of the State,** approved March thirtieth, eighteen hundred and sixty-four 94 392. A supplement to an act entitled ^^ An act for the more easy partition of lands held by coparceners, joint tenants, and tenants in common,** approved March twenty -seventh, eighteen hundred and seventy-four 94 393. A supplement to ** An act concerning wills,** appruved March twenty-seventh, eighteen hundred and seventy- four 95 426. A supplement to ''An act in relation to the census or enumeration of the inhabitants of this State,** approved March twenty-fourth, eighteen hundred and fifty-five 97 427. A supplement to an act entitled '' An act respecting the CONTENTS. • 151 Qiap. Page Court of Chancery," approved Maroh twenty -seventh, one thousand eight hundred and seventy-four 100 428. A further supplement to the act entitled ^* An act concern- ing taxes/* approved April fourteenth, one thousand- eight hundred and forty -SIX 101 429. An act respecting railroads sold under mortgage 101 440. A supplement to an act entitled ** An act to establish a State Industrial School for Girls," approved April fourth, eighteen hundred and seventy -one 103 441. An act to repeal or abrogate certain franchises granted by the State of New Jersey 103 442. A supplement to an act entitled '* An act for the punish- ment of crimen," approved March twenty-seventh, one thousand eight hundred and seventy- four 104 443. A supplement to the act entitled '* An act relative to the attendance of children at school," approved March twenty- seventh, one thousand eight hundred and seventy-four.. 105 444. Supplement to an act entitled '^ An act to encourage the establishment of Mutual Savings Associations," approved March fourth, one thousand eight hundred and forty-seven 106 447. A further supplement to an act entitled *' An act to prevent frauds by incorporated companies." approved April fifteenth, one thousand eight hundred and forty-six 107 448. A farther supplement to an act entitled ** An act to regu- late the business of fire, life, accident, marine and live stock insurance, by companies or associations not inoor* porated by this State," approved April ninth, eighteen hundred and sixty-seven 108 449. A supplement to *' An act relating to the Stevens Battery," approved March twenty- seventh, eighteen hundred and seventy-four 109 450. An act to confirm the sale of the Stevens Battery 1 10 JOINT RESOLUTION. 1. Joint Resolution relative to Law and Equity Reports 113 PROCLAMATIONS. Relative to Bribery 117 Appointing Thanksgiving ••• 118 Declaring .inoperative certain acts specified 118 INDEX. INDEX TO GENERAL PUBLIC LAWS. A. Page AbdactioQ — supplement to aot concerning (fixing penalty). ... 51 Accommodation for the insane of this State — supplement to act to provide for 23 Acknowledgment of deeds, by F. R. Anderson — act to confirm. . 13 supplement to act relative to 38 by Jam^s A. Falkner, act to confirm. 56 taken by commissioners outside of county validated 84 Arlulteration of milk — act to prevent 58 Affidavits — supplement to act relative to 47 Aldermen — act to forbid havih^ interest in public contracts . 87 Amendments to the State Constitution — act providing for sub- mission to people 72 Anderson, F. R. — act to confirm acknowledgments of deeds, by J3 Animals — supplement to act to prevent cruelty to 40 Appeal ca^es — evidence in — ict relating to 77 Apportionment of taxes among counties — act providing for 81 Apprentices — act authorizing citizens of the Stiite to take out of the State 29 Appropriation for printing revised statutes 14 Morrifltown Asylum 23 State Industrial School for Girls 55 Normal School 83 Reform School for Boys 25 Soldiers' Children's Home 84 Assault and battery, committed by two or more persons — act relative to 104 Assessors and Collectors — act regulating fees of, for assessing and collecting school taxes 63 Associations, ben(*volent and charitable — supplement to act to incorporate *. 40, 46 Mutual Savings — supplement to act to encourage establishment of 106 Asylum, the Morristown — act making appropriation for 23 15^ INDEX. B Page Battery, the Stevens — supplement to act relative to 109 act to confirm sale of 110 Bay, the Delaware — supplement to act for preservation of clams end oysters in 15 Benevolent and charitable associations — supplement to act to incorporate 40, 46 Blind, deaf and dumb and feeble minded persons — act for in- struction of. 11 Board of managers of geological survey — supplement to act constituting 94 Centennial of this State — act authorizing appoint- ment of 70 Educntion of the State — act to fix quorum of 19 Trustees of Normal School and State Board of Edu- cation— act to fix quorum of. 19 Bribery at Elections — proclamation by the Governor relative to 117 Bridges, &c., — act concerning sale of..... 41 Building companies — act incorporating 85 Burning of woods, marshes and meadows — supplement to act to prevent 20. 39 c Canals, &c. — act concerning sale of 44 Census of the State — supplement to act in relation to 97 Centennial board of New Jersey — act authorizing appointment of.... 70 Cession of jurisdiction and conveyance of lands under tidal waters to the United States for light houses and other purposes of navigation — act authorizing 28 Chosen freeholders — supplement to act to incorporate 44 act to forbid having interest in public con- • tracts 87 Civil process — supplement to act for relief of persons impris- oned on 112 (revision) 18 Clams and oysters — supplement to act for preservation of in Maurice river Cove and Delaware Bay 15 Commissioners of deeds for foreign States — act to permit to reside in New Jerseyl 21 to add to and repair State House — supplement to act appointing 36 Common councilmen — act to forbid having interest in public contracts 88 Companies for manufacturing and other purposes — supplement to act relative to 12, 24, 25 building — ^act incorporating: 85 Compilation of Index for public laws — supplement to act to provide for 22 INDEX. 157 Page Consideration — sealed instrumoDt only presumptive evidence of 56 Constable^, fees of — act relative to 57 Constitution of State, amendments to — act providing for sub- mission to people 72 Conveyances — supplement to act respecting 21, »38, 84, 92 Co-operative stores — supplement extending provisions of gen- eral manufacturing act to 12 Coparceners — supplement to act relating to partition of lands held by 94 Corporations organized under general laws — act for relief of. . . 45 Court of Chancery — supplement to act j-especting 100 Courts, Supreme and Circuit, reorganizing and increasing circuits — act for f 54 for trial of Small Causes — supplement to act consti- tuting 31, 57,77 Crimes — supplement to act concerning 51,87, 104 Cruelty to animals — supplement to act to prevent 40 D Deaf, dumb, blind and feeble-minded persons — supplement to act for maintenance and instruction of II Deeds — acknowledgment of by F. R. Anderson, act to confirm 13 Delaware bay — supplement to act for preservation of clams and oysters in..... 15 Digest of law and equity reports — supplement to act to provide for 22 Disabled Soldiers, the New Jersey Home for — supplement to act for the organization of 60 Distribution of laws of the state — act relative to 90 Drainage of lands — supplement to act to provide for 48 Dumb, deaf, blind and feeble-minded persons — supplement to act for maintenance and instruction of 11 E Edaoatton, State Board of — act to fix quorum of 19 Equity reports, and law — supplement to act to provide digest of 22 joint resolution relative to 113 Errors in revised laws — act to amend 91 Evidence — printed volume of revised statutes to be received in 15 new, in Justices' appeal cases — act relative to 77 Exemption of soldiers and sailors of 1812 from poll tax — act pro- viding for 65 Expenses, incidental of legislature — act to defray 65 Expenditure, state — act to provide ways and means to defray. 81 IM INDEX. Page Falkner, James A. — act to confirm acknowledgments and proofs deeds by 56 Feeble-minded deaf, dumb and blind persons — suppplement to act for maintenance and instruction of 11 Fees of Constables' — act relative to 57 ^ Fertilizers — manufacture and sale of, supplement to act to regu- late 47 Fishes — food — act to provide for stocking lakes^ streams and ponds with 86 Fish, preservation of in certain waters of the State — act for the 60 Fish Wardens in the counties of Passaic, Essex and Morris — act creating - 60 Fires, investigation into the origin of — act providing for 33 Fishing in the Delaware — act legalizing placing of lines north of Heiglesville. Delaware bridge 30 Frauds by incorporated companies — supplement to act to pre- vent 107 a Grame and Game Fish Laws — supplement to act to amend and consolidate iW, 79 Geological Survey of State — supplement to act to complete . 94 Home for Disabled Soldiers — act to provide for the organiza- tion of 60 Soldiers' Children's — act for the maintenance of 84 Imprisonment on civil process — supplement to act relative to.. 12 (revision) 18 Incidental expenses of Legislntore — act to defray 65 Incorporated companies^ frauds by — supplement to act to pre- vent 107 Incorporating building companies — act for. 85 Index of public laws — supplement to act to provide for compila- tion and publication of 22 Indigent deaf and dumb, blind and feeble minded — supplement to act concei ning 11 Infants — supplement to act relative to sale of real estate of. 18 Inoperative Laws — proclamation by the Governor relative to.. 118 titles of 123 Insane of State — supplement to act to provide additional ac- commodation for 23 INDEX. 159 Page Instruction and maintenanoe of blind, deaf, dumb and feeble minded persons — supplement to act for 11 Insarance for benefit of married women — supplement to act respecting -. 78 by foreign corporations — act to regulate 108 InTPstigation, Legislative committees of — act defining powers.. 26 into the origin of fires — act to provide for 33 J Joint Resolution relative to law and equity reports ».... 113 tenants — supplement to act relative to partition of lands held by 94 Justice of Peace — act authorizing Justice to determine causes tried before him, and revive judgments, after expira- tion of commission 31 Kidnapping — act relative to and fixing penalty for 51 Lakes, ponds and streams of the State — act to provide for stock- ing with fish 86 Lauds, drainage of — supplement to act to provide for 48 held by coparceners, joint tenants and tenants in CNmmon — supplement to act for the easy partition of 94 sales of, under public statute — supplement to act rela- tive to 17.25,89 under tidal waters — act authorizing cession of jurisdic- tion and conveyance to the United State:^, to be used for light-houses and other purposes 28 waters of Bay of New York and elsewhere — sup- plement to act to ascertain rights of State and riparian owners 53 Law and equity reports — supplement to act to provide Digest of 22 joint resolution relative to 113 Laws of the State — act relative to distribution of 90 Legislature, incidental expenses of — act to defray 65 Legielative Ct>mmittees of Investigation — act defining powers of 26 M Maintenance and instruction of deaf, dumb, blind and feeble- minded persons— -act for 11 Manufacture and sale of fertilizers — supplement to act to regu- late 47 160 INDEX. Page Manufacturing act, general — supplement extending provisions to CO operative stores 12 and other purposes — supplement to act pre- scribing duties of com(»anies for 12, 24, 35 Married women — supplement to act relating to property of 52, 93 insurance for benefit of — ^supplement to act respecting 76 Marshes and meadows — supplement to act to prevent burning of 2(1,39 Maurice River Cove — supplement to act for preservation of clams and oysters in 15 Meadows, woods and marshes — supplement to act to prevent burning of 20, 39 Milk — act to prevent adulteration of and prevent traffic in impure 58 Morristown Asylum->act making appropriation for 23 Mortgages — supplement to act (revision) concerning 32 Mutual Savings Associations — supphament to act to encourage the establishment of 106 IS" National Guard of New Jersey — supplement to act for organiza- tion of New Jersey Home for Disabled Soldiers — supplement to act for organization of 60 York and Long Branch Railroad — act repealing certain franchises of 103 Normal School — act to fix quorum of board of trustees of 19 to provide additional improvements and ac- commodation for 83 o Oaths and affidavits — supplement to act relative to (authorizing commissioners of deeds to administer) 47 Officers of Senate and General Assembly — supplement to act to ^x salaries of 49, 50, 87 Officials, public, prohibited from having interest in public con- tracts 87 Oysters and clams — supplement to act for preservation of (in Maurice river cove and Delaware bay) 15 Partition of lands held by coparceners and others — supplement to act relative to 94 Passaic river — act relative to fishing in 60 Plank roads, &c.— ac t concerning sale of. 41 INDEX. 161 Page Poll tax — act exempting soldiers and sailors of 1812 from 65 Pompton river — act relative to fishing in 60 Powers of Legislative Committees of Investigation — aot to de- fine 26 Prefiervation of clams and ojsters in Delaware Bay and Maurice river cove — supplement to aot for 15 fish in certain waters in this State — act for the. 60 Prevention of cruelty to animals — supplement to act for 40 Proclamation by the Governor — relative to bribery at elections. 117 Thanksgiving Day. 118 inoperative laws... 118 Property of married women — supplement to act relative to... 52, 93 Pabiic contracts — act forbidding officials having interest in 88 instruction — supplement to act to establish a system of. 63, 88 Laws, compilation and publication of index of —supple- ment to act to provide for 22 Schools of the State, repeal of sections of act making free — act for 29 Shows — supplement to act regulating 37 Statutes — act relative to revision of 14 Pablication of index of public laws — supplement to aot to pro- vide for '. 22 laws in the newspapers — repeal of act relative to 27 Q Qaoram of State Board of Education and Trustees of Normal School — act to fix , 19 R fi&ilroad, New York and Long Branch — act relative to 103 Bailroads, canals, &c., — act concerning sale of 41 sold under mortgage — act respecting 101 Raneocas creek and branches, fishing in — act to prohibit 79 Real estate of infants — supplement to act relative to sale of . 18 supplement to act to regulate sales of, under public statute, 6cc 17, 25 Registration of mortgages — act relative to fees for 32 Reuef of persons imprisoned on civil process — supplement to act for 12 Joseph I. Thompson— supplement to act for 43 corporations organized under general laws — act for.. 45 Religious societies — supplement to act to incorporate trustees of 32 (revision) IP Repeal of acts relative to publication of laws in the newspapers 27 sections of acts making free the public schools of the State, and establishing a system of public instruc- tion , 29 11 162 INDEX. Page Repeal of certain franchises, (relative to Xew Tork and Liong Branch Railroad) 103 Reports, law and equity — sappplement to act to provide digest of 22 joint resolution relative to 113 Resolution, joint — relative to law and equity reports • 113 Revised Statutes — act to legalize printed volume and make ap- propriation for printing 14 printed volume to he received in evidence.. 14 supplement to act relative to sale and disposi- tion of real estate of infants 18 Revision of act relative to imprisonment on civil process — sup- plement to 18 for relief of persons imprisoned on civil process — supplement to 18 act to amend errors in 91 Rights of State and riparian owners — supplement to act to as- certain 53 Riparian owners — supplement to act to ascertain rights of 53 Roads — supplement to act concerning 64 Rockaway River — act relative to fishing in 00 8 Salaries of Legislative officers — supplement to act to fix.. 49, 50, 87 Sales of Real Estate under public statute — further supplement to act to regulate 17, 25, 89 of infants — supplement to act relative to. 18 railroads, canals, turnpikes, bridges and plank roads, act concerning 41 Savings Associations, Mutual — supplement to act to encourage establishment of. 106 School, State Industrial for Girls — act for support of 55 Schools, attendance of children at — supplement to act relative to 105 supplement to act to establish 103 Sealed Instruments — act concerning 56 Sinking Fund — act making appropriation for 81 Soldiers and Sailors of 18 12-— act to exempt from poll tax 65 Children's Home — act for the support and maintenance of !. 84 disabled — supplement to act for organization of the New Jersey Home for 60 State Expenditures — act to provide means to defray 81 Board of Education — act to ^x quorum of 19 Constitution — ^amendments to, act providing for submission to people 72 House — supplement to act to appoint Commissioners to add to 36 Industrial School for Girls — act for the support of ...... . 55 INDEX. 163 Pape State Industrial School for Girls — supplement to act to establish 103 Normal school — act to fix quorum of Board of Trustees of 19 provide additional improvement for. 83 Reform School for Boys — act for support of 25 Steyeos Battery — supplement to act relative to 1()9 act to confirm sale of 110 Stooking lakes, ponds and streams with food fishes — act to pro- vide for 86 Supreme and Circuit Courts — supplement to act relative to, in- creasing Justices and Circuits 54 Survey , Geological of the State — supplement to act const!- stuting Board of managers of 94 Supplement to act for the instruction and maintenance of indi- gent deaf and dumb, blind and feeble- mftided persons, inhabitants of this State 1 1 to authorize the establishment and to pre- scribe the duties of companies for manu- facturing and other purposes 12 for the relief of persons imprisoned on civil process 12 for the better enforcement in Maurice River Cove and Delaware Bay, of the act en- titled An Act for the preservation of clams and oysters 15 to regulate the sales of real estate made under a public statute or the direction of a court 17 relative to the sale and disposition of the real estate of infants (revision) 18 for the relief of persons imprisoned on civil process (revision) 18 to prevent the burning of woods, marshes and meadows 20, 39 respecting conveyances ( revision ) . . 2 1 , 38, 84. 9t! to provide a digest of the law and equity reports of the State of New Jersey 22 to provide for the compilation and publica- tion of an index of all the public laws of this state 22 to provide additional accommodations for the insane of this State 23 to authorize the establishment, and to pre- scribe the duties of companies for manu- facturing and other purposes, 24, 35 to sales of lands under a public statute or by virtue of any judicial proceeding 25 to amend and consolidate the several acts relating to game and game fish 30, 79 constituting courts for the trial of small causes 31, 57, 77 concerning mortgages (revision) 32 164 INDEX. Page Supplement to aot to incorporate trnstoes of religions sooieties 32 to appoint commissioners to erect an addi- tion and make repairs to the State House 36 for regulating public shows 37 to incorporate benevolent and charitable associations 40, 46 for the prevention of cruelty to animals... 40 for the relief of Joseph I. Thompson 43 to incorporate the Chosen Freeholders in the respective counties of the State 44 to oaths and affidavits 47 to regulate the manufacture and sale of fer- tilizers 47 to provide for the drainage of lands 48 to fix the salaries of Aie officers of the Sen- ate and General Assembly of the State of New Jersey 49,50 concerning crimes 51 to amend the law relating to the property of married women ,52, 93 to ascertain the rights of the State and Riparian owners in the lands lying under the waters of the Bay of New York and elsewhere in this State 53 relative to the Supreme and Circuit Courts 54 to provide for the organization of the New Jersey Home for Disabld Soldiers 60 to establish a system of public instruction 63,88 for the organization of the National Guard of New Jersey 64 concerning roads 64 in respect to insurance for lives for the ben- efit of married women 78 to fix the salaries of the Officers of thQ Senate and General Assembly of the State of New Jersey 87 for the punishment of crimes 87, 104 an act to complete the geological survey of the State 94 for the more easy partition of lands held by coparceners, joint tenants, and tenants in common 94 concerning wills 95 in relation to the census or enumeration of the inhabitants of this State 97 respecting the court of chancery 100 concerning taxes 101 to establish a State Industrial School for Girls 103 relative to the attendance of children at school 103 INDEX • 165 Page Sapplement to act to enooarage the establishment of Mutual Savings Associations 106 to prevent frauds by incorporated com- panies 107 to regulate the business of fire, life, acci- dent, marine and live stock insurance, by companies or associations not incorporated by this state 108 relating to the Stevens Battery 109 T Tax, of State — act relative to 81 Taies, apportionment of — act providing for 81 supplement to act concerning 101 Tenants in Common — supplement to act relative to partition of lands held by 94 Thanksgiving Day — proclamation by the Governor appointing. 118 Thompson, Joseph 1. — suppl«*ment to act for relief of 43 Township Committees — act to forbid having interest in public contracts 87 Trastees of Normal School — act to fix quorum of Board of 19 Public Schools — act to enable to purchase land in certain oases 88 religious societies — supplement to act to incorporate 32 Turnpikes, &c. — act concerning sale of. 41 Wills—supplement to act concerning 95 Woods, marshes and meadows — act to prevent burning of.. . . .20, 39 "» / .^pedkl fuUi6 Sdt^ SPECIAL PUBLIC LAWS PASSED BY THE NINETY-NINTH LEGISLATURE. CHAPTER VII. A Further Supplement to " An Act entitled ' An Act to incorporate the Plainfield Fire Department/ " approved March third, eighteen hundred and fifty-four. 1. Be it enacted by the Senate and General Assembly 0/ Authorized to (he State of New Jersey y That the said corporation are S^7iJ7„"^ni hereby authorized to borrow the sum of five thousand therefor, dollars, in addition to the amount authorized by supple- ments approved March sixteenth, eighteen hundred and sixty-nine, and March eighth, eighteen hundred and seventy, and to issue bonds for the same under their corporate name and seal, for the purpose of providing an eflBcient fire alarm, and putting down additional fire wells, which said bonds snail be issued m sums of five hundred dollars each, with interest at the rate of seven per centum per annum, payable semi-annually ; one thousand dollars of which bonds shall be payable in three years from the date of their issue, and one thousand dollars of said bonds shall annually thereafter become due, and be paid with the interest as above provided at maturity. 2. And be it enacted. That the amount of money as Amount of thus required by section first of this act to be paid annually Udd^amiuaiiy after three years, being one thousand dollars, and interest to the amount on the said bonds, which shall not have matured, and the J!2*^*&^ bonds and interest issued under former supplements, 12 170 SPECIAL PUBLIC LAWS. which shall not have matured, shall be added aiiuually to the amount voted to be raised for other purposes by the members of said corporation, according to the act to which this is a supplement, said several amounts not to exceed in any year (after three years) the ?um of seven How <»fl«^ thousand dollars ; and said aggregate amount of money au CO ec . gj^^^^ ^^ assessed, collected, and paid in the manner prescribed in the act, to which this act is a supplement for assessing and collecting money in said fire district, until all the bonds authorized by this and former acts shall be fully paid. Repealer. 3. And be it €7iactedy That all acts and parts of acts in- consistent with the provisions of this act, be and the same are hereby repealed. 4. And be it eTiacted, That this act shall take effect im- mediately. Approved February 3, 1875. CHAPTER XIV. When unlaw- ful to catch crabs. Penalty for violation. An Act for the preservation of Crabs in the waters of the North and South Shrewsbury rivers and their tributaries. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey^ That it shall not be lawful for any person or persons to catch or take from the waters of the North and South Shrewsbury rivers, or their tributaries, any of the species of shell fish, commonly called "crabs," between the first day of November and the first day of May, yearly and every year. 2. And be it enacted, That every person or persons offending against the provisions of the foregoing section of this act, and being convicted of the same before any justice of the peace, of this state, shall be fined in any sum not less than twenty-five dollars, nor more than fifty dollars, for each and every offence, at the discretion of the justice before whom conviction is had ; one-half SESSION OF 1875. 171 to the complainant and one-half to the county collector for the benefit of the county, and on non-payment of said fine, shall be committed to the common jail of the county for any period not exceeding thirty days, or until fine and costs are paid. 3. And be it enucted, That it shall be lawful to proceed Actions may be in any action under this act by summons or warrant at I]|]*l|g ^,?'^°JI^* the oi)tion of the complainant. rant. 4. And be it enacted, That this act shall be considered a public act and shall take effect immediately. Approved February 9, 1875. CHAPTER XVII. A Supplement to an act entitled " An Act to amend and consolidate the several acts relating to Game and Game Fish," approved March twenty-seventh, eighteen hundred and seventy-four. 1 Be it enacted by the Senate and General Assembly o/ unlawful for \U State of New Jersey, That from and after the passage «"/ p^*'''^;" }^ ofthisactit shall not be lawful for any person or per- fil,ii^witb net, sons with net, seine, trap, fyke, gilling-net, set-net, pot or •'^®- gun, to take or catch fish in the north branch of the Ran- cocas creek, in the county of Burlington, commencing at the mill-dam at Mount Holly, and extending up said branch of said creek to its beginning, including the coves and branches belonging to it ; any person or per- sons who shall take or catch any fish in such part or Carts of the Ran cocas creek, or in any of its coves, shall e guilty of a misdemeanor, and upon conviction thereof, before any court having jurisdiction of such offence, shall be imprisoned in the county jail for a term not less Penalty for than three months, or by fine not less than twenty-five violation, dollars, nor exceeding one hundred dollars, or by both such fine and imprisonment, at the discretion of the court before which such conviction shall be had ; pro- 172 SPECIAL PUBLIC LAWS. Proviso. Unlawful to take or catch fish with book and line. Penalty. When unlaw- ful tt» take or catch salmon, black boss or perch, and the penalty Notice to be published and tiled of the date of stocking with fish, &c. vided always, that such penalty shall not apply to legiti- mate fishing with hook, line and rod. 2. And be it enacted. That it shall not be lawful for anv person or persons to take or catch with hook and line, or with hook, line and rod, any fish whatsoever, from any part of the north branch of the Rancocas creek, in the county of Burlington, commencing at the mill-o"<^.8j how the said bonds and the interest thereon, as the same shall, ^^^^^ ^ from time to time, become due and payable, by taxation, to be made, levied, assessed and collected at the times and in the manner that other taxes in the said town are levied, assessed and collected. 4. And be it enacted. That the proceeds of the bonds ^'^^®®^^ ^^ issued under and by virtue of this act, shall be applied be°aDpUe • 1 • 1 • X contracts le^jal- lownship of Kearney, in ordering such improvements, ized. and in entering into said contracts shall be taken and held legal and binding only so far as to authorize the said township committee to pay by bond or otherwise for the work already done under said contracts for Kearney avenue, and as to Davis avenue said proceedings shall be legal and binding upon all persons concerned as fnlly and effectual in law to all intents and purposes, as if everything required by the act to which this act is a supplement, had been fully and strictly observed and complied with in regafd to said Davis avenue. 5. And be it enacted, That so much of the act to which Ropeaier. this act is a supplement, as is inconsistent with the pro- visions of this act, be and the same is herebj^ repealed, and that this act shall take effect immediately. Approved February 25, 1875. 188 SPECIAL PUBLIC LAWS. CHAPTER LXIV. A Supplement to an act entitled " An Act to authorize the township of Clinton, in the County of Essex, to appoint a receiver of taxes and for other purposes," approved March twenty-four, one thousand eight hun- dred and seventv-four. Committee au- 1. Be IT ENACTED by the Senate and General Assembly ct^seliiK^/ ^'^^ ^^«^^ That it shall and may be law- fered for Bale ful for the township committee, of the township of Clin- tMe^^^^^^*^^ ton, in said act named, to purchase for any term not ex- ceeding fifty years, any of the lands and premises offered for sale under the provisions of said act, by the receiver Proviso. of taxes at the last adjournment of said sale ; provided, that no person be present and bidding for said lands at said sale ; and in such case the said receiver shall make, execute and deliver to the inhabitants of said township of Clinton, by their corporate name, a deed or deeds for such lands and premises, and by virtue of said deed or deeds the said township shall be vested with and have, hold, possess and enjoy any and all such estate, right, title and interest of, in and to such land and premises as any other purchaser or purchasers could or might under any other deed or deeds made under the provisions of said act. Deeds made by 2. And be it enacted j That all deeds made by the said taxer how receiver of taxes shall be acknowledged by the said re- acknowiedged. ccivor in the Same manner as deeds for the conveyance of lands and real estate in this state, a)nd w^hen so ac- knowledged an abstract thereof may be recorded in the office of the clerk of said township, for which said clerk Duties and shall be entitled to the sum of twenty -five cents ; and if Idien^iands^ire^^^ lands aud premises mentioned in said deed or deeds redeemed, &c. SO recorded shall be redeemed according to the provi- sions of said act, the said clerk shall, if requested so to do, cancel the record in his office of any deed or deeds for any lands and premises so redeemed, upon being paid SESSION OF 1875. 189 the sum of twenty cents for each cancellation ; but if said land and premises shall not be redeemed as aforesaid, then after the time of redemption shall have expired, the said deeds may be recorded in the office of the register of said county of Essex. 3. And be it enacted, That the said receiver shall be en- Pees of re- titled to receive and collect for his costs, fees and ex- ^®*^'^'"°^^^^- penses, the following amounts : For executing said war- rant, the sum of one dollar from each delinquent tax- payer; for collecting any moneys under said warrant, the sum of two cents on each dollar by him collected and paid over to the said town committee ; for advertising any sale under the said warrant, the sum of one dollar for each description of any lot of land and premises ; for advertising each adjournment of such sale, the sum of fifty cents from each delinquent for each lot of land so advertised, but no fees shall be allowed for more than two adjournments of such sale; and for each deed ac- tually delivered, the sum of two dollars ; and for the ac- knowledgment of each deed, the sum of fifty cents. 4. And be it enacted, That the eleventh section of the Repealer, act, to which this is a supplement, be, and the same is hereby repealed. 5. And be it enacted, That if any receiver appointed Vneancy in under this act, or the act to which this is a supplement, I!^vor?bow shall from death, resignation, or otherwise, cease or befi'ied. ' unable to serve as such receiver, the said township com- mittee shall have full power to appoint another receiver in his stead, who shall take the oath and give the bond prescribed by the first section of the act, to which this is a supplement, and who shall perform all such duties, be subject to such liabilities and penalties, and possess such rights and privileges as if he had been originally ap- pointed ; and, in such case, if any warrant or warrants shall remain unexecuted, the same shall be delivered to such newly appointed receiver for execution, who shall have the same power, in all respects, to all intents and purposes, to proceed with the execution of said unex- ecuted warrant or warrants, as if the same had been originally delivered to him for execution. ^, And be it eruicted, That this act shall take effect immediately. Approved February 25, 1875. 190 SPECIAL PUBLIC LAWS. Preamble. Collector di- re*-ted to pay over scbool tax. CHAPTER LXV. An Act to enable the collector of the township of Belle- ville, in the county of Essex, for the year one thousand eight hundred and seventy-three, to pay to the collector of the township of Franklin, in the county of Essex, certain taxes in his hands assessed and collected illegally in the township of Belleville. Whereas, there w^as illegally assessed and collected in the township of Belleville, in the county of Eissex, in the year of our Lord one thousand eight hundred and seventy-three, a tax known and designated as town- ship school tax, at the rate of twenty cents on every one hundred dollars valuation of the real and personal property of the then existing township of Belleville, in the county of Essex, which tax was unauthorized by any authority having power to order the same, amount- ing to the sum of three thousand nine hundred and seventy-three dollars, as reported by the township committee of the then existing township of Belleville, in their annual report to the inhabitants of the town- ship of Belleville, dated April first, one thousand eight hundred and seventy-four, as being in the collectors possession of the township of Belleville, as part of the school fund of that township; and whereas, the senate and general assembly of the state of New Jersey did set off from the township of Belleville, in the county of Essex, a new township to be called the township of Franklin, approved February eighteenth, one thousand eight hundred and seventy-four; therefore, 1. Be it enacted by the Senate and General Assembly of ths State of New Jersey, That the collector of the town- ship of Belleville, in the county of Essex, for the year one thousand eight hundred and seventy-three, shall within ten days from the approval of this act, pay to the collector of the township of Franklin, the proportion of the aforesaid tax now in his possession, based upon the SESSION OF 1875. 191 division and apportionment of the school fund of Belle- ville township, for the year one thousand eight hundred and sevmity-three, due the school districts of North Belleville and Franklin, and designated as such by the county superintendent of public schools for the county of Essex. 2. And be itenackd. That the collector of the township collector to re- of Franklin shall, upon receipt of the said illegal tax ^**™ *"» *<^- from the collector of the township of Belleville, retain the same in his possession separate from other township moneys until such time as he shall be ordered to disburse the same as hereafter provided, and render to the collector of the township of Belleville his receipt for the same, which shall be deemed good and valid protection for him against all claims for said part of said tax. 3. And be it enacted, That the collector of the town- Collector to ship of Franklin, upon receipt of aforesaid tax from the [J^^y^g|.Jjp5 ^^ collector of the township of Belleville, shall within five tax. days from receipt of the same, notify in writing the district clerks of the North Belleville and Franklin school districts the amount due each of their respective distri(»ts of the aforesaid tax, as received by him from the collector of the township of Belleville. 4. Arul be it enacted, That it shall be the duty ofcierkeiocaiia the district clerks of the North Belleville and Frank- IXbiuul lin school districts, upon receipt of said notification from the collector, to call a public meeting of the inhab- itants of their respective districts, from whom the afore- said tax was collected, after giving ten days* notice of the same in writing, signed by them in their official capacity, in five of the most public places in each of their respective districts, who, when assembled at said meetings, shall organize and decide by a majority vote of those [)resent, for what purpose the aforesaid illegal tax collected from them shall be used, and to whom it shall be paid, which vote shall be final and decisive. 5. And be it enacted, That the presiding officers of said copy of pro. meeting shall, after the final decision of the people there ^'i®^*"^**®**® assembled, file with the collector of the township of Franklin, a copy of the proceedings of said meetings within three days after the same was held, making their affidavits to the same. 6. And be it enacted^ That upon the receipt of said copy 192 SPECIAL PUBLIC LAWS. Collector to by the collector of the township of Franklin, it shall be pay over tax. j^jg duty to pay to the person or persons so designated to receive the same by the inhabitants, as before {trovided, the aforesaid tax in his possession, and obtain their receipt for the same, which receipt shall be considered his voucher for the same, and be deemed good and valid in law. 7. And be it enacted, That this act shall take effect immediately. Approved February 25, 1875. CHAPTER LXVL Supplement to the act entitled " An Act to incorporate the town of Absecon." Real estate to 1. Be IT ENACTED by the Senate and General Assembly of noiT^a ment ^^^ '^^^^ ^^ '^^^ Jersey, That the town council of the town onSx. ° of Absecon, in the county of Atlantic, shall have power to enforce the collection of all delinquent taxes assessed on real estate in said town during the year of our Lord one thousand eight hundred and seventy-four and there- after, by exposing the same for sale, or so much thereof as may be sufficient to pay said taxes and the cost thereon, at public vendue, to the person or persons who will take the least quantity of said land, to be laid out in one body and to commence at some designated corner of the premises on which said delinquent taxes are claimed to Town may be- DC due ; and in cases where the said council may deem chaser*"'^ it for the interest of the town they may authorize the treasurer or collector of the town to appear at such sale and bid on such lands as are offered for sale as aforesaid, in the name of the town ; the land so sold to him, if any, to be the property of said town. Collector of 2. And be it enacted, That no land shall be sold by vir- r*?^n*^f"d^^ tue of this act, until the collector of taxes shall* have iUiquente. ^ made a return to the town council that the taxes assessed on said lands are unpaid and have by him been returned SESSION OF 1875. 193 as delinquent, and shall verify the same by his affidavit attached thereto ; and the collector neglecting or refus- ing to raake such return and affidavit on or before the annual town election shall be liable to the town for such unpaid and delinquent taxes not so returned. 3. And be it enactedy That within thirty days after the Return to be said return by the collector of the town, the town council c^/l^^b^^ shall cause a copy of said return to be recorded in the posted up. clerk's office, or book kept by the clerk of the town, a copy thereof to be posted in at least three public places in said town, the same to be certified to and signed by the clerk. 4. And be it enacted, That if any of said delinquents, at Return to be any time before the expiration of thirty days after ^he {jjjj^ll^^^^ljf^^ pelting of said notices, shall pay to the clerk, said de-notpny, &c. linquent taxes with interest and costs, together with the additional sum of fifty cents as registry fee for said clerk, then in such case the clerk shall receive the same in the name of and for the town and give receipt therefor; but in case such delinquents do not appear and make pay- ment within thirty days the town council shall cause a certified copy of the said return and affidavit of the col- lector to be published in one or more of the newspapers of the county at least six weeks, specifying the time and place when the property will be sold at public vendue as aforesaid, for the collection of said returujed and delin- quent taxes. 5. And be it endded. That on the day named in said Lands to be notice, or on some adjourned day thereof, the chairman^* ' of the town council shall proceed to sell the several tracts or parcels of land returned and unpaid, and in order so returned, at public vendue as aforesuid, to the person or persons who will take the least quantity of said premises so offered and pay the amount of said delin- quent taxes, with the cost of advertising and sale. 6. And be it enactedy That within thirty days after such Town council sale, or at the next monthly meeting of the town council, Jj^^^^j^^*^^^ they shall execute or cause to be executed, and, when sale, called for, to be delivered to such person or persons who may become purchasers of said lands, a certificate of such sale, describing the piece or pieces so sold, as the case may be, together with the amount paid for the same, entitling the holder thereof to a deed of the premises so 194 SPECIAL PUBLIC LAWS. Proviso. sold ; providing, that the owner or owners of said land or lauds, do not, within one year from date of said certifi- cate, appear and deposit with the town council, for the purchase of said land, the amount heretofore paid by the purchaser at time of sale together with fifteen per centum interest, in which case the said certificate shall be deemed to be cancelled, and the amount so received shall, within thirty days be paid to the party holding and own- ing such certificate. ^ut e^dild* i?^' ^* ^'*^ *^ ^^ enacted, That if, at the expiration of one lands are not year from the date of certificate, the owner or owners of redeemed. ^^y lands SO sold, docs uot appear to redeem said lands as aforCvSaid, then the said town council shall execute to the holder and owners of said certificate a deed of the premises described therein, in their corporate name; the party receiving such deed to be at the expense of ac- knowledging the same, and on the deliver)'^ of said deed the sale shall be final, and the title of such lands pass in fee to the holder thereof Qiionim. 8. Aiid be it enacted, That a majority of said council shall constitute a quorum for purposes of this act, and may adjourn from time to time as they may judge proper. Council may 9. And be it enacted, That in all cases when the town have power to couucil shall or mav hereafter become the owner of any dispose of lauds or tenements, by virtue of this act, they shall have lands, Ac. f^j] power, and are hereby authorized to lease, sell and dispose of the same, to any person or persons, either at public or private sale, for such price and upon such terms as to them shall seem proper; and said town council shall have full power to convey the same unto the purchaser or purchasers thereof, by good and sufficient deed in fee simple or otherwise ; the said deed thereof shall be made in the corporate name of the inhabitants of the town of Absecon, and signed by at least a majority Pundsreceivedof the town couucil ; the funds arising from the sale t^wft ^oHei^tor ^^ ^^^^ lands to be paid over to the town collector and by him kept and paid out as other funds belonging to said town are kept and paid out. 10. And be it enacted, That this act shall be deemed to be a public act and shall take effect immediately. Approved February 25, 1875. SESSION OF 1875. 195 CHAPTER LXVII. An Act respecting the prosecutor of the pleas of the county of Hudson. 1. Be it enacted by ths Senate and General Assembly o/ProRecutor to il\c State of New Jersey^ That the prosecutor of the pleas wiielTde^d- of the county of Hudson, in addition to the fees now ^nj « convic- allowed by law, shall be paid such sum upon the trial of ^ * each ease in which a defendant shall be convicted, as the presiding judge of the court in which such case shall be tried shall certify and fix to be paid by the collector of said county upon presentation of said certificate ; provided, however, that no certificate shall be granted by Proviso, said judge in any case in which the trial thereof shall be commenced and concluded within the same day. 2. And he it enacted, That the prosecutor of the picas **»'o»^c«|:'*'^*o of the county of Hudson shall be paid such sum upon wiion defeni- the trial of each case in which a defendant shall 1>g "^J} 'J^****^"**' acquitted, or in which the jury shall disagree, as the ' ' presiding judge of the court in which such case shall be tried shall certify and fix to be paid by the collector of said county upon the presentation of said certificate ; provided, however, that the said prosecutor shall not receive Proviso, any greater sum in the cases mentioned in this section than he would have received if the defendant had been tried and convicted. 3. And be it enacted, That the entire compensation to Componaation be paid to said prosecutor under this act shall not exceed"^ prosecutor, in any one year two thousand dollars and this act shall take effect immediately. Approved February 25, 1875. 196 SPECIAL PUBLIC LAWS. CHAPTER LXVIII. Time of lioM- ing election. Blanks to be furnished as- sessor. Statement to be inndo by each person liable to taxa- tion. Duty of asses- sor. Assessor to make assess- ment A Further Supplement to "An Act entitled 'An Act to set off from the township of Belleville, in the county of Essex, a new township to be called the township of Franklin,'" approved February eighteenth, one thou- sand eight hundred and seventy-four. 1. Be it evacted by the Senate and General Assembly of the State of New Jersey, That the annual township election in the township of Franklin, county of I^ssex, shall hereafter be held on the second Tuesday of March, in each year, in the manner prescribed by law for holding such election, instead of the time now designated for holding the same. 2. And be it enacted. That it shall be the duty of the township committee to provide and furnish to the as- sessor of the township of Franklin, on or before the first Monday in June, of each year, blanks for each and every person owning property in the township of Franklin, on which blank they shall state the amount 'of their real and personal property liable to taxation, with a description of their real estate and value of their personal property. 3. And be it enacted, That it shall be the duty of the assessor when he makes the annual assessment in the time proscribed by law for making the same, to cause each person liable to taxation, in the township of Frank- lin, to fill up one of the aforesaid blanks, as heretofore directed with a true statement of their real and personal property ; and that it shall be the duty of the assessor when the owner or owners of any property, real or personal, in the township of Franklin cannot be found, to fill up one of the aforesaid blanks for such party or parties, in the manner as heretofore directed. 4. And be it enacted, That the assessor, upon the receipt of the aforesaid blanks, shall proceed without favor or {partiality to make his assessment on the aforesaid property iable to taxation in said township as furnished him on the aforesaid blanks at its cash value, as in his judg- SESSION OF 1875. 197 ment said property would sell for on the day prescribed by law for commencing said assessment. 5. And be it enacted, That if any person or persons inDutyofwwes- the township of Franklin refuse to fill up the aforesaid ^[^g^'refj^^*^ blanks, as directed when furnished them by the assessor, make state- it shall then be the duty of the assessor to fill up the same""^"'' to the best of his judgment and ability, in the manner heretofore directed, and base his assessment thereon, and furnisli the commissioners of appeal, in cases of taxation, at their annual meeting with a list of the same. 6. And be it enacted, That at the meeting of the town- Committee to ship committee to revise the assessor's duplicate, the^J."g°^j2^J^^tg^ assei^sor shall furnish them with the aforesaid blanks &o. upon which he has based his assessments, they to retain the same for reference, and upon their finishing the revision of the duplicate, it shall be the duty of the township clerk to file the aforesaid blanks arranged alphabetically and place among the township records. 7. And be it enacted, That the assessor, in addition to compenaation the compensation provided for him -by law, shall receive**^ aiweaaor. for each of the aforesaid blanks furnished the township committee, the sum of five cents. 8. And be it enacted, That nothing in this act shall in Act not to anv way conflict with the manner of making assessments, ^°°"'^1 7**^ V J o ' ^GDcrai tax law or the penalties attached, to compel the owners of any real or personal property to make a true statement thereof to the assessor, as described in the general tax law of the state of New Jersey, and the several supple- ments thereto. 9. And be it enacted, That the working and repairing Working, &c., of the public roads, streets, avenues and sidewalks, in unJ^^fJiTOa^ the township of Franklin, in the county of Essex, shall troi of town- hereafter be u!ider the control, direction, and supervision J^^f °®™*"**' of the township committee of said township, who shall designate and employ such and so many agents, and for May employ such compensation as they shall deem expedient in the*^,^"/^/**^^*^^ premises, and who shall also have the control and dis- money,' &c.'' posal of all moneys, raised or to be raised in said town- ship for such purpose, and who shall also have the power, and it shall be their duty, on complaint of any citizen, to prosecute in any court of justice having juris- diction of the same, all persons encroaching on or caus- ing encroachments to be placed upon any public road, 198 SPECIAL PUBLIC LAWS. ProviBo. removing en- croach mentfl upon streets, &c. street, highway, or sidewalk, in the aforesaid township, after giving them five days* notice in writing to remove the same ; providedy that nothing herein shall apply to Washington avenue, constructed by and under the con- trol of the Essex public road board. Penalty for not 10. And. be it eiiocted, That any person or persons en- "^ croaching on, or causing encroachments to be placed upon any public street, road, highway, or sidewalk, in the township of Franklin, after receiving due notice thereof in writing from the township committee, do not w^ithin twentv-four hours remove such encroachments placed, or caused to be placed by them upon any public road, street, highway, or sidew^alk in the aforesaid town- ship, shall be deemed guilty of a misdemeanor and of- fense, and punished by fine in any court of justice hav- ing jurisdiction of the same, the sum of five dollars and costs for each and every offence, and shall be liable for all damages occuring through such encroachment.s or ob- structions; the same fine to be applied by the township committee for the working and repairing of the public roads, streets, highways and sidewalks of the township of Franklin. 11. And be it enactedy That it shall be the duty of the township collector of the township of Franklin, to pay to the township committee all moneys directed to be as- sessed and collected for the repair of roads, streets, high- ways, and sidewalks in the said township out of the first moneys that shall come into his hands after the payment of the state, county and school tax, and the said town- Committee an- ship committee are hereby authorized and empowered to TOw"mmlev^w moucy in anticipation of the amount to be as- repairs, &c., ofsessed and collected for the repair and working of public ^^ '■ roads, streets, highways and sidewalks in the township of Franklin. MonevB raised 12. And be it enactedy That all monevs collected by the used^&c^ ^^^^^^tow'nship collector and designated as dog tax, remaining in the possession of the township committee after all claims for the killing and destruction of sheep by dogs for the year are paid, shall be used by them for the work- ing and repairing of the streets, highways, roads and sidewalks in the township of Franklin. Real estate to 13. And be it enacted. That the township committee of paylSien?ofTa"x ^"^^ ^^^^^^^P of Franklin shall have power to enforce Collector to pay over moneys. SESSION OF 1875. 199 the collection of all delinquent taxes assessed on any real estate in the said township, during the year of our Lord one thousand eight hundred and seventy-four, and there- after by exposing the said real estate for sale, or so much thereof as may be sufficient to pay said tax and costs thereon at public vendue to the person or persons who will take the least quantity of said lands for the shortest time to be laid out in one bodv, and to commence at some designated corner of the premises, on which said delinquent taxes are claimed to 'be due, and in case when the said committee may deem it for the interest of the township, they may authorize the treasurer of the town- Tre«Rurer may ship to appear at and bid on such lands as are offered for ^^^ ^"^^ ^^^^- sale as aforesaid, in the name of the township, the lands so sold to be the property of the township. 14. And be it enacted, That no land shall be sold by Return of de- virtue of this act until the township collector shall have Jj^X^"** ^^^ made a return to the township committee that the taxes assessed on said land are unpaid, and have by him been returned as delinquents, and verify the same by his affi- davit attached thereto ; and the collector neglecting or refusing to make such return and affidavit, on or before the first Tuesday of March, of each year ensuing, shall be hable to the township for all of said unpaid and de- linquent taxes not so returned. 15. Aiid be it enacted. That within five days after the Return to be said return is made by the collector of the township, the ^^^^oa^ed. township committee shall cause a copy of said return to be recorded in the clerk's office of the township, and a copy thereof to be posted in at least three public places in said township, one of said places to be the place where the election of said township is held, the same to be cer- tified to and signed by the township committee. 16. And be it enacted, That after the expiration of Copies of re- twenty days the township committee shall cause five I" j' pli'^ oT* certified copies of the said return and affidavit of the '*«ie, to be collector to be set up in five of the most public places in^'***^®*^" the township, at least six weeks, specifying the time and place when the same will be sold for the collection of said return and delinquent taxes. 17. And be it enacted, That on the day mentioned, or Lunda to be some adjourned day thereof, the chairman of said com-'**'^- mittee shall, at the hour mentioned in said notice, proceed 200 SPECIAL PUBLIC LAWS. Certificate of Bale, to be exe culed. ProvUo. Deeds to be executed, if lands are not redeemed. Quorum. to sell the several tracts or parcels of lands on whicli the taxes are returned and unpaid, and in the order vso re- turned at public vendue to the person or persons who will take the least quanity of said premises so offered for the shortest time, and pay the amount of said delinquent taxes and interest due thereon, with costs of advertising and sale. 18. And be it enacted, That immediately after such sale the township committee, upon the receipt of the money from the purchasers of said lands, shall execute and deliver to such person or persons a certificate of such sale, describing the premises so sold, together with the amount paid for the same entitling the holder thereof to a deed of the premises so sold ; provided^ that the owner or owners of said land or lands, or their legal represen- tatives, do not within five years from the date of said certificate, appear before the township committee, or deposit with the treasurer thereof, for the purchase of said lands, the amount paid by the purchaser, together with all taxes assessed on the same and interest at the rate of twelve per cent, per annum on the whole amount, in which case the said certificate shall be deemed to be cancelled, and the amount so received shall, on demand, be paid to the party holding and owning such certificate upon return of the same. 19. And be it enacted, That if, at the expiration of five years from the time of said sale, the owner or owners of any lands so sold, or their legal represenatives, do not appear to redeem said lands as aforesaid, the chairman of the township committee shall execute to the holders of said certificate, or their legal renresentatives, a deed of the premises described in their corporate name, the party receiving said deed to pay the expense of executing and acknowledging the same, and on delivery of said deed the sale shall be final, and the title of such lands pass to the holders thereof for the time they purchased the same, agreeing with the certificate entitling them thereto. 20. And be it enacted, That a majority present at any meeting of tlie township committee shall constitute a quorum for the purposes of this act, and they may adjourn from time to time as they may deem proper. 21. And be it enacted, That the treasurer of the township SESSION OF 1875. 201 committee shall, when elected to that office, execute to Treasurer to the inhabitants of the township of Franklin a bond for^^^'®^°°^*- the faithful performance of his duties, in such an amount as the township committee may designate, the same to be held by the township clerk. 22. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved February 25, lii75. CHAPTER LXX. An Act relating to the township of East Orange, and the assessment and collection of taxes therein. 1. Be it enacted by the Senate and General Assembly o/no deduction ihe State of New Jei^sey, That in making the valuation Jjjj;^^^^^^^^^^ and assessment of real estate in the township of East debtedneaa. Orange, in the county of Essex, for state, county and township taxes, no deduction shall be made therefrom on account of any personal indebtedness. 2. And be it enacted, That hereafter the meeting of the Meeting? of township committee of said township, for the purpose of ^'*^";"J^^^ ^^^ exammmg, revising, and correcting the assessment oi reviBing, the taxes, as provided in the supplement of April eleventh, ^^™®°' °^ one thousand eight hundred and sixty-seven, to " An Act concerning taxes," shall be held on the last Tuesday of June, instead of the third Tuesday in August, as directed in said act ; that the assessor of saicl township shall attend said meeting, and lay before the committee his assess- ment; and that the said township committee shall com- plete the said examination, i'evision and correction, on or before the last Saturday of July in each year. 3. And be it enacted, That upon all taxes which shall be Taxes not paid, hereafter a&sessed in the township of East Orange, and i^ten^t!*'^^ which shall remain unpaid after the twentieth day of November in each year, interest shall be charged at the rate of twelve per centum per annum; provided, that Proviso, nothing herein contained shall be construed as repealing 14 202 SPECIAL PUBLIC LAWS. or changing the penalties now prescribed, but only as changing the rate of interest on future taxes. Money re 4. And be it enocted, That all sums of money now in county clerk *^^ hands of the county clerk, or which may hereafter for license come into his hands by reason of any license fee or J^ver to t^w^n-^^ assessment, made by the court of common pleas upon ehip commit- persons residing in the said township of East Orange, ^^' licensed or to be licensed under " An Act to regulate the sale of ale, strong beer, lager, porter, and other malt liquors in the state of New Jersey," approved April fourth, one thousand eight hundred and seventy-two, shall be by said county clerk paid over to the township committee of said township, or to such person as shall be by them authorized to receive the same for the use of said town- ship. Office of coi- 5. And be it enacted, That the office of collector of taxes ifbohshed, and ^^ Said townsliip be and the same is hereby abolished, and power of com- the township committee are hereby authorized, from time poinraW^ to time, to appoint some suitable person to be receiver of ceiver of taxes, taxes withiu Said township, who shall hold his office during the pleasure of said committee, and who shall give bonds in such sum and with such security as the Powers and committee may direct and approve; such receiver of ceivfroft^i^xes.^^^'^s shall ha vc all the powers, perform all the duties and constabiep', and be liable to all the penalties now prescribed by law *°" with respect to the township collector ; and it shall be the duty of the township committee to designate and appoint one of the constables of said township, or some other suitable person, to whom shall be issued the warrant or warrants for the collection of the .taxes of delinquents, and the said warrant or warrants shall be issued onlv to such person or persons as shall be so designated by the committee ; and in case the committee deem it advisable they may designate the receiver of taxes as the person to w^hom such warrant or warrants shall issue ; and any person or persons to whom any such warrant shall issue and who shall undertake the execution thereof, shall be subject to all the liabilities and penalties prescribed in the twenty-second and twenty-third sections of '*An Act concerning taxes," and the actions and suits mentioned in said sections shall be brought in the name of *'The Inhabitants of the township of East Orange, in the SESSION OF 1875. 203 count}' of Essex," in the discretion and under the direc- tion of the township committee of said township. 6. And be it enacted, That all acts and part of acts Repealer, inconsistent with the provisions of this act be and the same are hereby repealed, and this act shall be a public act and shall take effect immediately. Approved March 2, 1875. CHAPTER LXXI. An Act to legalize the sale of lands made by " The Peter K. Winter Benevolent Association" to the inhabitants of the borough of Washington, in the county of Warren. Whereas, at a meeting of the common council of the Preamble, borough of Washington, in the county of Warren, held on the eleventh day of October, eighteen hundred and seventy-three, a committee of three members, to wit, J. D. Taylor, James Allen and A. Babcock, to act with Joseph C. Stewart, then mayor of the said borough, was appointed to purchase a certain lot of land, with the buildings thereon of "The Peter R. Winter Benev- olent Association," known as Masonic Hall, at the lowest price that the same could be purchased ; mid whereas, the said committee, on the eighteenth day of October, eighteen hundred and seventy-three, did pur- chase the said lands and premises of the said "Peter R. Winter Benevolent Association" for the sum of seven thousand five hundred dollars, and did receive and accept a deed therefor made to the inhabitants of the borough of Washington, in the county of Warren, by the said association, and executed by Joseph B. Cornish, as president of The Peter R. Winter Benevo- lent Association, which said deed bears date the eigh- teenth day of October, A. D., eighteen hundred and seventy -three, and was duly acknowledged before Peter R. Winter, a commissioner of deeds in and for the 204 SPECIAL PUBLIC LAWS. county of Warren, and was delivered to the said com- mon council and by them deposited in the clerk's office of the county aforesaid for record, on the twenty- fifth day of October, eighteen hundred and seventy- three, and to secure the payment of the consideration money the grantees assumed the payment of a mort- gR^e lien, then upon the premises, of fifteen hundred dollars, and did execute and deliver to the said The Peter R. Winter Benevolent Association several pro- missory notes, bearing date the eighteenth day of Oc- tober, eighteen hundred and seventy-three, payable to the order of Joseph B. Cornish, president of The Peter R. Winter Benevolent Association, payable at the First National Bank of AVashington, New Jersey, with in- terest from the dates thereof, in all amounting to the sum of six thousand dollars the residue of the consid- eration money, which promissory notes were signed by J. C. Stewart, mayor, and J. D. Taylor, James Allen, A. Babcock, committee appointed by common council ; ajid ivhcreaSy the said the inhabitants of the borough of Washington have been in the quiet and peaceable en- joyment of the said premises, since the date of the aforesaid conveyance, and have expended large sums of money in making alterations and repairs upon the said premises so as to adapt it to the purposes of a town hall and other purposes; and whet^eas, doubts have arisen as to the powers vested in the mayor and com- mon council to make the said purchase, and to secure the purchase money in the manner aforesaid, there- fore, in order to legalize and make valid the said purchase, Deeds and 1. Bk IT ENACTED by the Senate and General Assembly of valid and '"'"''^ ^/i6 State of New Jersey, That the said deed of conveyance, let'iii. nlade by The Peter R. Winter Benevolent Association, by its president, Joseph B. Cornish, to the inhabitants of tlie borough of Washington, in the county of Warren, bearing date the eighteenth day of October, eighteen hundred and seventy three, and duly acknowledged be- fore Peter R. Winter, and recorded in the Warren county clerk's office, on the twenty-fifth day of October, eighteen hundred and seventy-three, and the several promissory notes executed by the mayor and committee of common ans of animals, theatrical exhibitions, circuses, or other public performances and exhibitions for money, and fix the sum to be paid for such licenses to the city treasury ; VI. To ascertain and establish the boundaries of all streets, avenues, highways, lanes, alleys and beach strand in said city, and prevent and remove all encroachments on said streets, avenues, highways, lanes, alleys and beach strand ; VII. To regulate, clean and keep in repair the streets, highways, avenues, lanes and alleys, wharves and docks in said city, and to prevent and remove obstructions and incumbrances in and upon all streets, highways, side- w^alks, crosswalks, sewers, drains, aqueducts, water courses, wharves or docks in any manner whatsoever ; to prescribe the manner in which corporations or persons shall exer- cise any privilege granted to them, in the use of any street, avenue, highway or alley in said city, or in digging up any street, avenue, highway or alley for the purpose of laying down pipes, or any other purpose whatsoever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate ; to direct and regulate the planting, rearing, trimming and preserving of ornamental shade trees in the streets, avenues, parks and grounds of said city, and to authorize or prohibit the removal or destruction of such shade trees, and to enforce the removal of snow% ice, or dirt from the sidewalks and gutters by the owner or occupants of the premises fronting thereon ; VIII. To widen, level, grade, flag or re-flag, curb or re-curb, gutter or regutter, pave or re-pave, macadamize, gravel, or shell the streets, avenues, highways and alleys of said city, and the sidewalks and gutters thereof, or any of them, or any parts or sections of the same, and to prescribe the manner in which any such work sliall be performed ; To direct IX. To direct the digging down, draining, filling up or 2p*^&o"iou°^^®^^^*^"S ^f l^^s, pieces or parcels of ground in said city, which shall be deemed dangerous or unwholesome, or necessary to carry out any improvements authorized by To widen, grade, &c , streets, &c. SESSION OF 1875. 215 • this act ; to prescribe the manner in which said work shall be performed, and to cause the expenses thereof to be assessed on such lots, tracts, pieces or parcels of ground, whether improved or unimproved, and to determine the time and manner in which such assessment shall be collected ; to prevent or regulate the erection of any stoop, step, platform, bay window, cellar door, gate, area, stoops, &c. descent into a cellar or basement, sign or any post, or erection, or any projection or otherwise, in, over, or upon any street, sidewalk or avenue, and to remove the same where already erected, at the expense of the owner or occupant of the premises ; X. To prevent and punish horse racing, and immoderate Horee racing, driving or ridirg, in any street, highway or strand, and to authorise the stopping and detention of any person who shall be guilty of immoderate driving or riding, in any street or highway, or strand ; and to prevent or regulate the running of locomotive engines and railroad Enginee. cars in said city, and designate the crossings at which any railroad company shall be required by the city council to station flagmen or signals, to warn travelers of the approach of locomotive engines or railroad cars ; XL To prohibit the driving of any drove or droves of Drove* of horses, mules, cattle, sheep or swine, through any of the*^*'"^"* *<'• streets of the city on the first day of the w^eek, commonly called Sunday, and to regulate the same at other times ; XII. To regulate, protect and improve, the public pnbiic grounds of said city ; grounds. XIII. To provide lamp and gas fixtures, and to light Light the the streets and public places of every description, in said atreets, &o. city; ^ XIV. To make and regulate wells, pumps, aqueducts CistemB in and cisterns, in the public streets ; streets. XV. To establish and regulate one or more pounds. Running at and to restrain the running at large of horses, cattle, [JJJ"^®^*'^^^ swine, goats, and other animals, geese and other poultry, and to authorize the impounding and sale of the same, for the penalty incurred, and the cost of keeping, im- pounding and sale; XVI. To regulate and prevent the running at large of Dogs, dogs; to authorize the destruction of dogs running at large, and to impose taxes on the owners of dogs ; XVII. To locate, regulate and remove slaughter slaughter oouse. 214 SPECIAL PUBLIC LAWS. Sports, &o. Boundaries of streets, &c. To refpilate and repair streets, &c. {prohibit the keeping the same except by persons duly icensed ; V. To prohibit, restrain, regulate and license all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or otlier public performances and exhibitions for money, and fix the sum to be paid for such licenses to the city treasury ; VI. To ascertain and establish the boundaries of all streets, avenues, highways, lanes, alleys and beach strand in said city, and prevent and remove all encroachments on said streets, avenues, highways, lanes, alleys and beach strand ; VII. To regulate, clean and keep in repair the streets, highways, avenues, lanes and alleys, wharves and docks in said city, and to prevent and remove obstructions and incumbrances in and upon all streets, highways, side- walks, crosswalks, sewers, drains, aqueducts, water courses, wharves or docks in any manner whatsoever ; to prescribe the manner in which corporations or persons shall exer- cise any privilege granted to them, in the use of any street, avenue, highway or alley in said city, or in digging up any street, avenue, highway or alley for the purpose of laying down pipes, or any other purpose whatsoever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate; to direct and regulate the planting, rearing, trimming and preserving of ornamental shade trees in the streets, avenues, parks and grounds of said city, and to authorize or prohibit the removal or destruction of such shade trees, and to enforce the removal of snow, ice, or dirt from the sidewalks and gutters by the owner or occupants of the premises fronting thereon ; VIII. To widen, level, grade, flag or re-flag, curb or re-curb, gutter or regutter, pave or re-pave, macadamize, gravel, or shell the streets, avenues, highways and alleys of said city, and the sidewalks and gutters thereof, or any of them, or any parts or sections of the same, and to prescribe the manner in which any such work sliall be performed ; To direct IX. To direct the digging down, draining, filling up or up"^&o*^iot8*°^^^^^^"S ^f ^^^^f pieces or parcels of ground in said city, which shall be deemed dangerous or unwholesome, or necessary to carry out any improvements authorized by To widen, frrade, &e. , streets, &c. SESSION OF 1875. 215 • this act ; to prescribe the manner in which said work shall be performed, and to cause the expenses thereof to be assessed on such lots, tracts, pieces or parcels of ground, whether improved or unimproved, and to determine the time and manner in which such assessment shall be collected ; to prevent or regulate the erection of any stoop, step, platform, bay window, cellar door, gate, area, stoops, &c. descent into a cellar or basement, sign or any post, or erection, or any projection or otherwise, in, over, or upon any street, sidewalk or avenue, and to remove the same where already erected, at the expense of the owner or occupant of the premises; X. To prevent and punish horse racing, and immoderate Horse racing, driving or riding, in any street, highway or strand, and to authorise the stopping and detention of any person who shall be guilty of immoderate driving or riding, in any street or highway, or strand ; and to prevent or regulate the running of locomotive engines and railroad Engines, cars in said city, and designate the crossings at which any railroad company shall be required by the city council to station flagmen or signals, to warn travelers of the approach of locomotive engines or railroad cars; XL To prohibit the driving of any drove or droves of Droves of horses, mules, cattle, sheep or swine, through any of the**<*"^»»*<'- streets of the city on the first day of the week, commonly called Sunday, and to regulate the same at other times ; XII. To regulate, protect and improve, the public Pnbiic grounds of said city ; grounds. XIII. To provide lamp and gas fixtures, and to light Light the the streets and public places of every description, in said streets, &c. city; XIV. To make and regulate wells, pumps, aqueducts Cisiems in and cisterns, in the public streets ; streets. XV. To establish and regulate one or more pounds. Running at and to restrain the running at large of horses, cattle, {J*^*^^*''^^^ swine, goats, and other animals, geese and other poultry, and to authorize the impounding and sale of the same, for the penalty incurred, and the cost of keeping, im- pounding and sale; XVI. To regulate and prevent the running at large of Dogs, dogs; to authorize the destruction of dogs running at large, and to impose taxes on the owners of dogs ; XVII. To locate, regulate and remove slaughter Slaughter 216 SPECIAL PUBLIC LAWS. Vending wood, hay, &c. Frightening of animals. DrunkardSy&c. Board of health. Contracts for work, &.C. To abate or remove nui- sances. Burial of dead. houses and hog pens, establish and regulate public mar- kets; XVIII. To prescribe and regulate the places of vend- ing or exposing for sale wood, hay, straw and other articles from wagons or other vehicles; XIX. To regulate or prohibit any practice, having a tendency to frighten animals, or to annoy persons pass- ing in the streets, or on the sidewalk in said city ; XX. To restrain drunkards, vagrants, mendicants, and street beggars ; XXI. To establish a board of health, define its pow- ers and duties, and provide for the protection and main- tenance of the health of the citv ; XXII. To prescribe the manner in which all contracts, for performing work, or furnishing materials for the city, shall be made and executed ; XXIII. To abate or remove nuisances of every kind, at the expense of those maintaining the same, and to compel the owner or occupant of any lot, house, build- ing, shed, cellar, or place wherein may be carried on any business or (ailing, or in or upon which there may ex- ist, any matter or thing, which is or may be detrimental in the opinion of the sanitary committee or board of health, appointed or established by the said city council, to the health of the inhabitants of the city, to cleanse, remove or abate the same, from time to time, under the direction of the city council, as often as the said sanitary committee or board of health may deem necessary for the health of the inhabitants of the city ; or in a sum- mary manner, to cause the same to be done at the expense and proper cost of such owner or occupant; and such owner or occupant is hereby expressly made liable for said cost and expenses, to be collected in such manner as the city council may by ordinance direct, from such owner or occupant, in addition to any fine or penalty, to which he or she may be liable for maintaining the said nuisance. XXIV. To direct the keeping and return of bills of mortality, and to establish such regulations for the con- veying and burial of the dead in said city, as the health, quiet and good order of the city may, in their opinion, require ; SESSION OF 1875. 217 XXV. To license and regulate cartraen, porters, hack, License cart- cab, omnibus, milk wagon, stage and truck owners and JJ^"» porters, drivers, carriages and vehicles used for the transporta- tion of passengers and merchandise, goods, or articles of any kind ; auctioneers, common criers, hawkers, peddlers, Eawnbrokers, junk shop keepers, stores, boarding houses, ath houses, news stands, shops and street stands, also sweeps and scavengers, and to fix the rates of compensa- tion to be allowed to them, and to prohibit unlicensed persons from acting in such capacities ; XXVI. To regulate the ringing of bells, and the cry- Hinj?inff of ing of goods and other commodities, for sale at auction ^^^'®* or otherwise, and to prevent disturbing noises; XXVII. To regulate or prohibit swimming or bathing Bathing, in the waters in or bounding the city ; XXVIII. To regulate weights and measures in con- WeiRhts and formity with the standard of w^eights and measures es-™®*^"*^- tablished b}'^ law, and to require every merchant, retail trader and dealer in merchandise or property of every description, which is sold by measure or weight, to cause their weights and measures to be sealed by the city re- corder, and to be subject to his inspection. XXIX. To establish and control the fire department, Fire depart- to regulate and define the manner of the appointment,"™®"* and removal of the officers and the members of the fire department, their duties and their compensation ; to pro- vide fire engines and other apparatus, and engine houses and other places for keeping the same, and to pi'ovide water for extinguishing fires. XXX. To regulate and control the manner of building To regulate or removal of dwelling houses and other buildings, and J"5*,^-*J"^^^^ ^ to prohibit within certain limits, to be from time to time houses, &c. prescribed by ordinance, the building or erection of any dwelling house, store, stable, or other building of wood, or other combustible material ; to regulate the construc- tion of chimneys, to compel the sweeping thereof, to pre- vent the setting up or construction of furnaces, stoves, boilers, ovens or other things in such a manner as to be dangerous; to prohibit the deposit of ashes in unsafe places, to authorize any city officer, or person or persons whom they may designate for that purpose to enter upon, and inspect any place or places for the purpose of ascer- taining whether the same is or are in a safe condition, and 15 218 SPECIAL PUBLIC LAWS. Jjevymg and collecting taxes. Define duties of officers. Compeneation of officers. Proviso. Sewers and culverts. if not, to direct or cause the same to be made so ; to regulate or prohibit the carrying on of manufactories dangerous in causing or promoting fires ; to regulate or prohibit the manufacture, sale or use of fireworks, and the use of firearms in said city ; to regulate or prohibit the keeping and conveying of gunpowder, camphene, spirit gas, petroleum, and other dangerous materials, and trie use of candles and lights in barns, stables and other buildings ; to raze or demolish any building or erection, which by reason of fire, contagion or any other cause, may become dangerous to human life or health, or tend to extend a conflagration ; to require all such further and other acts, to be done, and to regulate and to pro- hibit the doing all such further, or other acts, as they may deem proper to prevent the occurrence, and provide for the extinguishment of fires in said city. XXXI. To adopt all legal and requisite measures for levying and collecting the taxes. XXXII. To prescribe and define the duties of city offi- cers, when not otherwise prescribed by law, and their compensation and the penalty or penalties for failing to perform such duties ; and to prescribe the bonds and sureties to be given by the officers of the city, for tlie dis- charge of their duties, and the time for executing the same in cases not otherwise provided for by law. XXXIII. To fix a reasonable compensation, to be Eaid to any oflScer of said city, or any j)erson employed y them, for any service required of him by this act, or any other ordinance or resolution passed by them, for which no specific fee or compensation is provided to be paid by the person or persons for whom such service shall be performed ; provided, that the salary of the mayor shall be fixed at a sum not exceeding five hun- dred dollars, and that the salarv of the recorder shall not exceed the sum of one thousand dollars. XXXIV. To cause common sewers and culverts to be made, and to permit vaults to be constructed in any part thereof, under such regulations as the city council may deem proper, and to regulate the rate or price of supply- ing citizens of said city with water, and the collection of water rents due said city, and for the laying of water pipes within the bounds of said city. 20. And be it enacted. That the citv council shall have SESSION OF 1875. 219 power to make and establish such other ordinances, Mny paes ordi regulations, rules and by-laws, not contrary to the laws""*^®** of this state or of the United States, as they may deem necessary, to carry into effect the powers and duties con- ferred and imposed upon them by this act or any other law of this state, and such also as they may deem neces- sary and proper for the good government, order, protection of persons and property, a#d for the preservation of the public health and prosperity of said city and its inhabit- ants, and the same to alter, modify, amend and repeal. 21. And be it enacted, That in all cases where, by the May prescribe provisions of this act, the city council have authority to vfoUtVon o7 pass ordinances on any subject, they may prescribe a ordinances, &c. penalty or penalties for the violation thereof, either by imprisonment in the city or county jail, not exceeding thirty days, or by fine not exceeding one hundred dollars ; the book of records of the ordinances and bv-laws of the said city council shall be taken and received as evidence of the due passage by said city council of all the ordinances and by-laws recorded therein ; and further, the volume of ordinances and by-laws printed and published by au thority of the city council, shall in like manner be taken and received as evidence of the ordinances and by-laws of the city council, and the publication of the said ordinances and by laws in the newspapers according to law, shall in all cases be presumed to have been made until the contrary be proved. 22. And be it enacted, That the city council shall have May build oity Eower to build and maintain a city hall, and such other ^*"- uildings as they may deem necessary for the city officers and the day and night police of said city. 23. And be it enacted, That the city council shall have May appoint a power to appoint a building inspector for said city, who^"i>«^'"»:^"- shall be a practical builder, and who shall inspect all '^^^ ^^' buildings hereafter to be erected in said city ; he shall be appointed for the term of three years, but shall be liable to be removed at any time the city council may deem proper, and another appointed in his stead ; it shall he the duty of the building inspector to report all violations of any ordinance regulating the erections of buildings to the city council as soon as can be done, and shall have authority at all reasonable times, to enter any building 220 SPECIAL PUBLIC LAA\S. Officers ap pointed by coancil. in progress of construction or erection, for the purpose of inspecting the same. 24. And be it enacted, Tliat the marshal, police and night watchmen of said citj^, shall be appointed by the city council, and hold their office under the control and at the pleasure of the city council of said city ; and said city council shall define their duties and their pay. # TITLE FOURTH. OF THE POWERS AND DUTIES OF CITY OFFICERS AND THE ENFORCEMENT OF THE ORDINANCES. Duty of raavor. Mayor and aldfnnan to havejuriadic- tion. Powers of mayor and aiderinan 25. And be it enactedy That it shall be the duty of the mayor to keep the corporate seal of the city ; to cause the laws and ordinances to be duly executed and enforced, and generally to perform all such duties as may be recjuired of him by law or the ordinances of said city ; he may, under the direction of the citv council, offer rew^ards for the detection or apprehension of the perpetrators of any offence against the city ordinances, or any high crime, or misdemeanor committed within the city, to be paid on the conviction of the criminal. 26. A)id be it enacted^ That the mayor and alderman of said city, and each of them, shall have jurisdiction in all matters of a criminal nature, and in all matters of a civil nature, that the justices of the peace or any of them of the county of Cape May now have, or hereafter may have, with full power to issue processes, and to hear and to determine all suits at law of a civil nature within the bounds that are cognizable before any justice of the peace of the county of Cape May, including cases in attachment, in the same manner and with like effect in every particular, and under the same rules and regula- tions, as now are, or may be provided by law. 27. And be it enacted, That in all cases of simple assault and battery committed within said city, the mayor and alderman of said city are hereby invested with all powers to proceed in, hear and determine the same, which by the thirty-fourth and thirty-fifth sections of the act entitled " An Act for the punishment of crimes," are conferred upon two justices of the peace of the proper county, in case of larceny under the value of twenty SESSION OF 1875. 221 dollars, and if on trial, such person, from the evidence produced, appear to be guilty, the said mayor and alder- man shall sentence him, her or them, to fine or imprison- ment, or both ; the fine in no case to exceed two hundred dollars, or the imprisonment thirty days. 28. And be it enacted, That whenever there shall be a vncancy in vacancy in the office of mayor, or whenever the naayor®®*^**^^™^^^ shall be prevented by absence from the city, sickness or other cause, from attending to the duties of his office, the alderman of the city shall act as mayor, and possess all the rights and powers of the mayor during the vacancy in office, caused by the absence, disability or removal of the mayor. 29. And be it enacted, That the mayor, on witnessing Mnyor lo have any breach of the peace, shall commit the offender for a<^o"^'*9j ^^ ^^ hearing, without the issuing of any warrant or process, and that for the purpose of quelling any insurrection, riot, disturbance or disorderly assemblage, he shall have control of the constables, police officers and watchmen of said city, and shall have powder to call upon the citizens for aid in all such cases, and, when he shall deem it proper, to call upon the militia of said city, and employ the same in quelling any insurrection, riot, or disturbance of the peace. 30. And be it enacted, That the recorder shall keep all D"ty of recor the records, books, papers and documents of the city, ^*' countersign all licenses signed by the president of the city council, and keep the records of the proceedings of the city council ; he shall engross all ordinances of the city council, in a book to be provided for that purpose, with a proper index, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in said book by the president or president pro tem{)ore of the city council and said recorder; and said recorder shall countersign all bonds issued by the city council, as register of bonds; he shall register all bonds in a book, kept for that purpose, specifying the amount, number, when issued, to whom issued, where and when the principal and interest is made payable of each bond, so authorized ; and no bond shall be negotiated or con- sidered valid, unless the recorder endorses upon the face of the bond in red ink, his name and date of the regis- try; and the said city recorder shall keep and preserve 222 SPECIAL PUBLIC LAWS. all maps or atlases, and the alterations of the same from time to time, as the city council shall by ordinance direct and establish, and shall keep a record with a short de- scription defining the location, area and owner or owners of all lands situated within the limits of said city, in a book provided and properly indexed for that purpose; he shall also keep a record of all sales or transfers of any and all properties or parts of properties, that may here- after be made in said city ; and it shall be the duty of the said city recorder to file or record and keep in a safe place in his office, all papers or other public documents as are by this act or by ordinance or resolution of the city council directed to be preserved, which said files and records shall be carefully preserved; and every person shall have free and common access thereto at proper seasons, and shall be entitled to transcripts from the same, to be made out and certified by said recorder on the payment of such fee as the city council shall by or- dinance direct; and the said citv recorder shall within three days after the annual elections, transmit to the secretary of state at Trenton, a list of names of all com- missioned officers elected for the city of Cape May, at such annual election; and copies of all papers duly filed in the office of the recorder, and transcripts thereof, and of the records and proceedings of the city council and copies of the laws or ordinances of said city, certified by him, under the corporate seal, shall be evidence in all courts and places ; he shall also receive and pay over to the treasury, all moneys which by any law, ordinance or usage, are paid to the recorder. p..r.ceofficere 3i. And be it enacted, That the police officers and con- stabie-"em sta})les of the Said city are hereby empowered to arrest powered to and take into custody, without warrant, any offenders make arrests, agji^i^j^t the laws and Ordinances of the said city, or any person or persons disturbing the peace or quiet of said city, and to carry such offenders before the mayor or the alderman of said city, who are hereby empowered and authorized to hold courts, and take cognizance of such offences, which said courts so held, shall be courts of re- cord, or in case the said arrests shall be made during the night, or on the Sabbath day, or when the mayor or al- derman cannot hear the same or hold such courts, to confine such offender or offenders in the jail, or in some SESSION OF 1875. 223 other safe and convenient place in said city, until the day following, or until such time as the same can be heard, and then without unnecessary delay, carry such offender or oflFenders before the mayor or alderman as aforesaid ; or the mayor or alderman of said city, shall arrest and Mayor and apprehend any such offenders for offences committed in a!-?o8t"without their presence, without warrant, or upon complaint made warrant, in writing, under oath or affirmation, may issue a war- rant, directed to one of the constables, or one of the police officers of said citv, or anv or either of them, command- ing such officers to take such offender or offenders, and bring him, her or them forthwitli before such person is- suing such warrant, and when any such offender or of- fenders shall be arrested, or brought before such mayor or alderman, as the case shall be, to proceed in a summar}'^ manner, to hear anddeterminethe same, and punish theof- fender or offenders, and if he, she, or they, as the case may be, shall be sentenced to be imprisoned, then the said magis- trate shall make out a warrant, commanding the officers aforesaid, or one of them, to carry such offender or offenders, as the case may be, either to the city jail, or to the jail of the county of Cape May, specifying in said warrant, which one of the said jails, there to remain un- til the term cf his, her, or their imprisonment shall have expired, and the cost of conviction be paid, and in case the said offender or offenders shall be sentenced to pay a fine, then for the said mayor or aldermen, as the case shall be, either to order the offender or offenders to be committed to one of the jails as aforesaid, until the fines and costs are paid, or to issue a warrant, directed to one of the constables, or one of the police officers of said city, or to any or either of them, commanding such officer to levy and make such fine, and costs of the goods and chattels of such offender or offenders as the case may be, and for the want of sufficient goods and chattels, to take and convey such offender or offenders to one of the jails aforesaid, specifying in said warrant to which one, there to remain until such fine and costs be paid or satisfied, which said fine when paid, or collected, shall be paid over to the treasury of the city, for the use of said city. 32. And be it enacted, That the jailor of the county of jniiortokeep Cape May, for the time being, shall receive and safely ^|^^'J'" ^***™" keep all such offenders as shall be committed to the jail 224 SPECIAL PUBLIC LAWS. of the county of Cape May, for the term of his, her or their imprisonment. Duties of city 33. And be it eiiadcdy That it shall be the duty of the treasurer. ^j^^ treasurer, once in each year, to make out a statement of all moneys received and paid out during the year, showing the source whence received, and to what ap- plied, the amount of indebtedness of the city and for what purpose, and the balance of the funds if any, in his hands, which statement shall be filed in the office of the recorder of the city, at least twenty days before the next annual election for city officers, and the city council shall cause the same to be published in the newspapers pub- lished in said city, at least two wrecks previous to such election ; and it shall also be the duty of said treasurer to make a monthly report to the city council of the moneys by him received and disbursed ; that the treas- urer shall not pay the coupon of any bond, unless he is satisfied that the bond from which it was detached has been duly and properly registered, and shall not receive any city warrant in payment of taxes or licenses, and shall keep his books open for the inspection of any com- mittee of said city council, at all times. Powers and 34. And be it enacted, That the chosen freeholders, as- ^J|j^^j^°^°^®'"sessor and collector, commissioners of appeal in cases of taxation, judges of election, overseers of the poor, con- stables and clerks, elected or appointed as aforesaid, shal respectively possess the powers and perform the duties of the like officers of any township in this state, so far as such powers and duties shall be consistent with the pro- visions of this act. Collector of 35. Arid be it enacted, That the collector of taxes shall iK)int ^deputies ^^^^^ ^^^ power to appoint, with the consent of the city council, one or more deputies, who shall have power to do all and every act or acts which it may be lawful for the said collector of taxes to do, and everv warrant di- rected to him maj'' be executed by his deputy or depu- ties, or either of them, in as full and complete a manner as if executed by the said collector of taxes ; the said deputy or deputies to give such security for the faithful performance of their respective offices as the city council shall direct. Duty of col- 30. And be it enacted, That the said collector of taxes lector of tojces. shall rcccive all taxes which may be paid, and that he SESSION OF 1875. 225 shall not receive city warrants in payment of taxes, and preserve in his office the assessment books, which may from time to time be delivered to him by the assessor of said city, as prescribed by this act. 37. And be it enacted^ That the said collector of taxes collector to shall enter in suitable books, to be kept for that purpose, pny »"on^y» *<> the sums received by him for taxes respectively, with the '^"*"**®''- names of the persons on whose account the same shall be paid on each day, and shall at least once in each week furnish to the treasurer a detailed statement of such sums, designating the amount received, and shall also at the same time pay over to the treasurer the amount re- ceived ; he shall thereupon receive from the said treas- urer a voucher for the payment of such sum or sums which he shall file in the office of the city recorder, to be presented to the city council, and the city council shall draw warrants for the payment of all school, state, and countv taxes. 38. And he it enacted. That the city surveyor, citv Powers nnd soHcitor, city sealer of wei<^hts and measures, and alloffi^^ra! ** '^' officers appointed by the city council, shall possess the powers and be subject to the obligations conferred and imposed on them by law, or by the ordinances, by-laws, rules and regulations of the city council, and on applica- tion for that purpose, the secretary of state, of this state, shall allow and assist the said city sealer of weights and measures to compare and adjust the standard of weights and measures for said city, and shall certify and seal the same in the manner required by an act entitled "An Act to establish a uniform standard of weights and measures" in this state. 39. And be it enacted^ That the city council shall haveCoun<'ii)n«y power to divide the city into wards at any time, upon ^Jards.^^'^*"^ such conditions and provisions as seven-ninths of said council may by ordinance provide. TITLE FIFTH. THE ASSESSMENT AND COLLECTION OF TAXES. 40. And be it enacted, That the city council shall have Power to raise power, by ordinance, to order the raising, and cause to be "^**"^^ ^ "• 226 SPECIA L PUBLIC LAWS. Lti^hting of streets. Police. Fire depart- ment. Poor. Public build- ings. Streets. Public market City debt, &c. Contingent expenses. Public schools. Taxes to be assessed. Council may boirow money, and secure payment thereof by bond. Proviso. raised, by tax in each year, such sum or sums of money as they shall deem expedient, for the following purposes: I. For defraying the expenses of lighting the streets of said city ; II. For supporting a day and night watch therein ; III. For supportinty the fire department ; IV. For maintaining and supporting the poor; V. For purchasing a lot or lots in said city, for the purpose of erecting market houses, city hall, jail, school houses, and such other public buildings as may be nec- essjiry and convenient for the said city, and such other real estate as may be necessary ; \'I. For opening, regulating, paving, flagging, gravel- ing and shelling the streets of said city ; VII. For the support of public markets; VIII. For the payment of interest upon the city debt and upon temporary loans, and such part of the principal thereof, as may be due and payable ; IX. For defraying the contingent expenses of siiid city, and for all other purposes whatever authorized by this act, which said ordinance shall specify the amount to be raised for each purpose; X. For supporting public schools ; 41. And be it enacted, That so much of the said taxes as shall be ordered to be raised for lighting the streets of said city, supporting the police therein, su})plying the city with water for the extinguishment of fires, regula- ting, opening, paving, flagging, curbing, graveling or shelling the streets, and improving the public grounds as aforesaid, and for all other purposes, shall be as^^essed and collected, upon and from all persons residing, and lands and personal property located within said city. 42. And be it enacted, That it shall be lawful for the city council, by ordinance, to borrow money from time to time, in the corporate name of the said city, for all pur- poses for which they are by this act authorized to raise money by tax, and secure the payment thereof by bond or otherwise under the common seal of the city and signature of the mayor, treasurer and president of the city council, and countersigned by the recorder, and to f)rovide by tax for the payment thereof; provided, that no oan shall be made without the concurrence of at least a majority of all the members of the city council, and SESSION OF 1875. 227 there shall not be a greater sum than ten thousand dollars raised by loan in any one year, except for the erection of public buildings, and that the entire indebt- edness of the city of Cape May shall not exceed, at any time, the sum of one hi^ndred thousand dollars. 43. And be it enacted^ That the assessor of said city Dutiosof as- shall assess upon the persons and property within the J^^'^^^'^'J^^^^^^V said city, and the collector of taxes of the said city simll collect, the state and county taxes by law directecl or re- quired to be assessed and collected within the said city, and also the taxes required to be assessed and collected for the use of said city and for the support of the schools of the said city, and do all acts in reference thereto, in the same manner and within the same time, cxce{)t as hereinafter otherwise provided, as the assessors and collectors of the townsnips of the county of Cape May are by law required to assess and collect for state and county tax, in their respective townships. 44. And be it enacted^ That a committee to be designated Time of meet- the Finance Committee, to be appointed by the city J.'^^^^^^"*"^^ council, shall meet on the fourth Monday of June of each year, at such place in said city as the city council shall appoint, and in case the city council shall neglect to appoint a plnce, then at the place where the last annual election was held in said city, for the purpose of examining, revising and correcting the duplicate of assessment, to be laid before them in the manner herein- after provided for. 45. And be it enacted^ That hereafter the assessor ofTime of finish- said city »hall finish making his assessment on or before [|\?^,ry^f'^5upu- the third Monday in June of each year, and shall deliver <^«to of assesa- said duplicate of assessment to the collector, on or before *"®"^' the third Monday in July of each year. 4G. And be it enacted, That the assessor aforesaid shall, Duty of nMes- on the fourth Monday of June of each year, attend the^*^*'' meeting of the finance committeee as aforesaid, and lay before them the duplicate of assessment, to be by them examined, revised and corrected; and that it shall be his duty to remain with said committee for the purpose of explaining the said duplicate, and assistinjj: said committee in the discharge of the duties required by this act. 47. And be it enacted, That said committee shall have 228 SPECIAL PUBLIC LAWS. Coinmitfee power to adjoum from time to time, as they may deem mayadjouni. expedient, for ihe purpose of discharging the duties Proviso. required of them by this act; provided, the said exami- nation, revision, and correction, shall be made and com- pleted on or before the Thursday following the time of said meeting, as aforesaid. Power to com 48. And bcit etmded, That said committee respectively, of p'er8ol?8!"°^ shall have power to issue subpoenas to bring before said meetings herein provided for, persons and papers to be examined in relation to said assessment. Connciito 49. Aiid be it enacted^ That the collector, after having exwiifne^the received his duplicate from the assessor, shall submit the duplicate of as- same to the city council, who are hereby required to 8e»»or. meet on the fourth Monday in July in each and every year ; and it shall be the duty of said city council care- fully to examine the same, and if they have reason to believe that any individual or corporation, has been assessed at too low a rate, or omitted to have been assessed as required by law, they shall thereupon author- Coiiwtorto ize and require the collector, to notify the said individual vhJuais'or cor- ^^ Corporation, that complaint will be made to the com- poratione. missioiiers of appeal in case of taxation, and said collector shall, at least ten days before the time of meeting of said commissioners, deliver to said individual, or leave at his dwelling house, or deliver to the president, cashier, treas- urer, clerk or secretary, or if no such officer can be found, to any director of the corporation, or leave at the place of business of such corporation, a notice in writing or Formof notice. printing, of the following, or like tenor: To , you are hereby notified that complaint will ba made to the comniissitmers of appeal in case of taxation, at , on next, that you have been assessed at too low a rate, or omitted to be assessed, to the end that after due examination of the facts, such addition mav be made to your taxes as shall be right and proper, and according to law ; and it shall be the duty of the collector to attend before the said commissioners, and to present the com- phxints,and to subpoena all persons and necessary witnesses, and pay their fee; and he shall receive out of the public money two dollars for every day he shall so attend. Commiwionenj 50. And be it eiiacM, That the commissioners of appeal, of appeal to \^ casc of taxation, in and for the said city of Cape May mee annua y. gj^^||^ ^^^ ^^^q purposo of performing the duties of their SESSION OF 1875. 229 oflSce, meet annually at such place in said city, as the city council shall appoint, and in case the city council shall neglect to appoint a place, then at the place where the last annual election was held, in said city, on the third Saturday of August, at ten o'clock in the forenoon, and on the first Saturday in September at the same hour. 51. And be it enacted^ That at their meetings in August rjommiMioners aqd September as aforesaid, in each year, it shall be theJ,'^^neJft^J^. * duty of said commissioners to examine and consider, and pealed from. if agreeable to the principles of justice, alter and amend in respect to amount and valuation, any assessment which may be appealed from, or which may appear to them to be incorrect in either of these respects; it shall be the duty of the assessor of said city to attend at the same time and place, before the said commissioners, and offer such reasons as he may think proper in support of the amount and valuation of property made in his as- sessment, and the judgment of said commissioners in any appeal shall be final and conclusive, and shall be rendered to the collector within two days after hearing such appeal. 52. And be it enacted^ That the collector of the said city Notice to be of Cape May shall on or before the first Monday in August, ^^'^^^ ^° ^^^ m each year, give notice to each individual owning asaeased. property in said city, on whom a tax by reason, or in re- spect of any property assessed of the amount and valua- tion of the property, for which the assessment is made, which said notice shall contain as nearly as may be, the particulars of such valuation and amount, and also a notice of the time and place of the first meeting afore- Notice to be said, of the commissioners of ai>peal ill case of taxation, K[^®°. ^[^^JJ^^^; and shall be served on such individual personally, or by sionere of ap- notice left at his or her place of residence ; or in case of p®*** non-resident owners of property in said city, a notice as aforesaid shall be placed in the post office, addressed to such individual, at his or her place of residence ; and the said collector shall also give public notice, on or before the first Monday in August, m each year, the time and place of the first meeting of the commissioners of appeal, Dv advertisements set up in at least four of the most public places, and in the newspapers published in said city. 53. And be it enacted, That the collector of taxes of said 230 SPECIAL PUBLIC LAWS. Duties of ro^- l0«t«r of taxL-: Assessor to estimnte, and rate lands, &c. Coancil may appoint per sona to assist assessor. city of Cape May shall do and perform all the same acts and duties in connection with, or relating to the com- missioners of appeal in case of taxation of the city of Capo May, and their meetings as aforesaid, on the third Saturday in August and on the first Saturday in Septem- ber in each year, which are by law prescribed to be done by the collectors of the townships of the county of Cape ^lay, in connection with or relating to the commission- ers of appeal in case of taxation in their annual meetings in the several townships respectively, and the duties and obligations of all other officers and persons in connec- tion with or relating to the said commissioners of appeal, and their meetings as aforesaid, on the third Saturday in August, and on the first Saturday in September, in each year, shall be the same as they now are, except where herein otherwise provided. 54. And he it enacted, That from and after the passage ofthisact, it shall be the duty of the assessor in said city, in assessing and raising the state, county, city and school tax, which may from time to time be ordered to be assessed and raised in said city, to estimate and rate all lands, tenements and real estate, lying and being in said city, according to its value at the time of making the assessment, and for the purpose of ascertaining what may be the true and real value of the different lots and tracts and pieces of land and tenements, lying and being in said city, as aforesaid, the city council may appoint, from time to time, and as often as they think i)roper, but at least once in every three years, one or more fit and judicious persons residing in said city, and acquainted with the value of real estate therein, to accompany the assessor, to assist him to value and estimate the real estate as aforesaid, which said person or persons so as aforesaid appointed, before he or they proceed to execute the duties of his or their appointment, shall repair to either the mayor or alderman of said city, who are hereby fully empowered to administer the same, and take and subscribe an oath or affirmation, truly, fairly and impartially, and according to the best of his or their judgment and belief, to value and estimate the same, and upon which valuation, the taxes of said city, for state, for county, for city and for school purposes "shall be assessed and collected. SESSION OF 1875. 231 55. And he it enacted, That it shall be the duty of the^n^^ow assessor and collector of taxes of said city to keep the amount of tax assessed against each lot or tract of land, belonging to any individual, separate and distinct from the other tax which may be assessed against his other property, and to make out and return the amount due on each lot or tract of land and premises, and the street or streets, alley or alleys whereon the said lot, tract or piece of land and premises is situated, with a short descrip- tion of the same and the owner or owners* names ; and the taxes and the assessments which shall be made upon Taxes to be » any such real estate in the said city by virtue of this act, '*®"" whether the same be state, county, city or school tax, shali be and remain a lien thereon for the space of two years from and after the time when the same shall be assessed, notwithstanding any subsequent descent, devise, alienation, mortgage or other incumbrances thereon, and if the full amount of any such tax or assessment shall not be paid and satisfied within the time limited and ap- pointed for the payment thereof, the citj^ council shall cause the lands, tenements and real estate, or such part Lands may be thereof as they may think proper, to be sold at public ^'J^'^JJ^J^J^^J" auction, for the shortest time, not to exceed twenty-five taxes, years for unimproved property and ten years for im- proved property, for which any person or persons will agree to take the same and pay such tax or assessment, or the balance thereof, remaining unpaid, with the in- terest thereon and all costs, charges and expenses, in- cluding justices' and constables* fees, cost of advertising, sellmg, and executing the deeds, and to make and exe- cute, under the seal of said city, a declaration of such sale and deliver the same to the purchaser or purchasers, and said purchaser or purchasers, his, her or their ex- ecutors, administrators or assigns, shall by virtue thereof lawfully hold and enjoy the said lands, tenements or real estate for his, her or their own use, against the owner or owners thereof, and all persons claiming under him, her or them, until his, her or their said term shall be com- pleted and ended, and shall be at liberty at or before the end of his, her or their term, to remove the buildings or materials erected and placed by him, her or them there- on, taking care to leave the same in as good order and 232 SPECIAL PUBLIC LAWS. Sale of lands to bo adver- tised. Lands sold for taxeH, how re deemed. Mistake in name, not to invalidate as- sessment or sale. Unpaid tiixes to draw in- terest. Duty of coliec tor. condition as the said premises were when they came into his, her or their possession. 50. And be it enacted^ That the said city council, before they shall proceed to sell any lands, tenements, or real estate, for the payment of taxes as aforesaid, shall cause such sale to be advertised at least once a week, for two months successively, in the public newspapers printed and published in said city, and also by advertisements put up in at least ten public places in said city, which advertisements shall mention the street or streets, on which the said property is situated, the amount of tax due, and the owner's or reputed owner's name; and the said lands, tenements, or real estate so sold, may be re- deemed by the owner or owners thereof, or by the mort- gagee or mortgagees thereof, within two years from the day of sale, on the payment of the purchase money, to- gether with fifteen per centum, per annum, to be com- puted thereon from the daj' of sale; and all tlie ex})enses and charges necessarily incurred thereon, by the pur- chaser or purchasers aforesaid; and in case the same shall be redeemed, as hereinbefore provided by the mort- gagee or mortgagees, or if the said mortgagee or mort- gagees, shall have paid the tax or assessment with the interest and cost thereon, to prevent the said promises from being sold, to pay the same; then and in that case, the whole amount of the payment shall be recovered un- der and by virtue of the mortgage, which the said mort- gagee or mortgagees may hold upon the said real estate, in the same manner in all respects as if the same were included in, and intended to be secured by, the said mortgage, and any mistake in the name or names of the owner or owners, or omission to name the real owner or owners, of any lands, tenements, or real estate, in asses- sing the taxes thereon, shall not invalidate the said as- sessment or sale of the said real estate as aforesaid. 57. And be it enacted, That whenever in said city, any tax shall remain unpaid, and be returned by the collec- tor of taxes of said city, for want of payment, the same shall bear interest at the rate of twelve per centum per annum, from the day on which the same shall be vso re- turned, until paid ; and it shall be the duty of said col- lector of taxes to charge, receive and collect, in addition to the amount of tax, the interest thereon as aforesaid, SESSION OF 1875. 233 and such interest shall be paid over and accounted for by the said collector of taxes, to the treasury of said city, as a part of the tax collected by him. 58. And be it enacted^ That in case of non-payment of ustofnaipee taxes at the time appointed for the payment thereof, {^^ ^|^JJJ2^|°'" it shall be the duty of the collector of taxes, to make out a list of the names of all the delinquents with the sums due from them, respectively, thereunto annexed, and dehver the same to the alderman of said city, on the twentieth day of October in every year, except when that day shall happen on Sunday, and then on the next day following; and that it shall be the duty of said alder- Alderman to man, to whom any list of delinquents shall be returned, »d"ji"«*e»: as aforesaid, immediately upon the receipt thereof, to ?or, and^to ^ administer to the collector of taxes returning the same, ^8*"® ^***^*"*^- the oath prescribed by the thirteenth section of the act entitled "An Act concerning taxes," approved April fourteenth, one thousand eight hundred and forty-six, and to issue his warrant as required by law, directed to the collector of taxes of the city of Cape May, and thereby command the said collector of taxes, to cause the several sums of money, with interest thereon as aforesaid, and all lawful costs and fees to be levied and made as pre- scribed by the eighteenth section of said act, entitled "An Act concerning taxes." 59. And be it enacted. That it shall be the duty of said Collector or collector of taxes, in person or by deputy, to execute cufe^warra^t* according to the command thereof, all warrants which and to make re- shall be issued and delivered to him as aforesaid, and '"™* within sixty days from the date of any warrant, directed and delivered to him, to make a full return, and state- ment in writing, to the city council of said city, of his proceedings on the same ; setting forth particularly the amount of money received by him ; the several sums remaining unpaid, and the names of the several persons then in arrears, and the sums due from each respectively ; pforided, that it shall be lawful for the alderman who proviso, issues such warrants, or, in case of his death, removal from office, or other disability, for the mayor, upon return of any warrant, to issue another for the collection of the sura or sums remaining unpaid, with interest, costs and fees in like form, and to be proceeded upon in the same manner as hereinbefore mentioned, and so 16 234 SPECIAL PUBLIC LAWS. Proviso. until the whole is collected ; provided also, the city council uM\y appoint any justice of the peace of the county of Cape May, to issue such additional warrant or warrants. City solicitor 60. And be it enacted. That on or before the first day Acfio^^lnroTcc^^ March, in each and every year, the city council shall payment of direct and authorize the city solicitor to proceed and sell taxes, &c. according to law, all lands, tenements, and real estate, to enforce the payment of any taxes, or assessments which may be a lien thereon, by virtue of this act. Map or Btins ef 61. And be it enacted, That the city council shall have all lots of power, by ordinance, at their discretion, to cause a citv be made, ice. * map or atlas to be made and established, containing a description of all or such of the lots of laud ana premises, in the said city, as the said city shall by ordinance provide, with numbers and such boundaries as may be necessary to distinguish the lots on said map or atlas; and may provide for the proper filing, binding, regulation, preservation of said map or atlas, and the alteration of the same from time to time ; and also, when they think proper, that lots sold for taxes or assessments, as hereinafter provided, may be described and designated, by their numbers and description on said map or atlas; and when said city council shall so provide, the numbers and description on said maps or atlas and the names of persons there marked, as owners of any lots, shall be a sufficient description and designation of said lot, and owner or owners, to answer the requirements of the law, providing for a description of the lot sold, with the name of the owner or owners. Compensntion t)2. And be it enacted, That it shall be lawful for the coUecto^'^ '"^^ ^^^y council to allow the assessor and collector of said city such compensation for their services in assessing and collecting the taxes as they shall think reasonable and just. Collector to re- 63. And be it enacted, That the collector of taxes of cord names of the citv of Cape May shall, ou or before the first dav owners ot intKl r^ *' * sold for taxes, of September, in each and every year, record in well *^- bound books, to be provided for that purpose, the name of any owner or reputed owner of any lots, tracts, or pieces of land w^hich shall be sold after the passage of this act by the said city, to enforce the payment of any lien by reason of any tax assessed, assessment made, or otherwise created by virtue of this act, with a short SESSION OF 1875. 235 description of the lots, tracts or pieces of land so sold, the street or streets, alley or alleys, whereon they are situated, when the same were sold, to whom sold, for what amount and the length of time for which they were sold ; said book shall be carefully preserved in the office of the recorder, and every person shall have free and common access thereto at proper seasons, and shall be entitled to transcripts from the same, to be made out and certified by the recorder, on the payment of such fees as the city council shall by ordinance direct. M, And be it enactedj That the collector of taxes shall. Collector to re- on or before the first day of March, in each and every aVi'^deUnq^^^^ year, record alphabetically in a well bound book, to be^o'^pny^^"*. ^c- provided for that purpose, the names of all the delin- quent taxpayers in said city respectively, to whom any lots, tracts, or pieces of land or real estate shall have been assessed for the preceding year, together with a short description of said lots, tracts, or pieces of land, the street or streets, alley or alleys whereon they are situ- ated, the amount of taxes which are liens thereon re- spectively, and the year for which said assessment was made ; said book shall be carefully preserved and kept in the office of the recorder of said city, and every person shall have free and common access thereto at proper seasons, and shall be entitled to transcripts from the sarre, to be made out and certified by the recorder, on the jiayment of such fees as the city council, by ordinance, shall direct; and it shall be the duty of the collector of taxes, upon the receipt of the taxes, interest and cost, which may be lien upon said lot or lots so recorded briefly to note in the margin of said record that all liens for tax on said lot or lots for said year are fully paid and satisfied, to which marginal notice said collector of taxes shall sign his name. TITLE SIXTH. OF STREETS, HIGHWAYS, SEWERS, CULVERTS, DRAIXS, SIDE- WALKS, AND ASSESSMENTS THEREFOR. 65. And be it enacted, That the citv council shall have Power of ooum exclusive control over the highways, roads, streets and ^^.J^^^^'J^'^'^' alleys of said city, and shall have power to compel thoirrnde, pft>e, flag, &c'. 236 SPECIAL PUBLIC LAWS. owners of real estate in said eitv, or in such parts there- of, as they, by ordinance shall direct; to grade, pave,flag or curb the sidewalks and gutters thereof, or repair the same, or any of them, or any parts or sections of the same, along and opposite to such owner or owners of pro- perty, and whenever a majority of the landholders along any said highway, road, street or alley, or of any part of such highway, road, street or alley, shall desire any street, highway, road or alley, or any part or section of the same, to be graded, paved, macadamized or shelled, or CoancU may otherwise permanently improved, the city council, on the ^aded!*paved, P^^i^i^^ ^^ ^^^ ^^^^ owucrs of real estate on said street, or •kc., on'ap- ' m the absence of such application or petition, whenever fanSloidere. twenty freeholders residing in said city, shall desire any street, highway, road or alley in said city, or any parts or sections of the same, to be graded, paved, macadamized, shelled or otherwise permanently improved, the city council may order and direct the same to be done, and prescribe the manner in which the same shall be per- Proviso. formed ; provided, that no ordinance for the purpose men- tioned in this section, shall be finallj' passed by city council, until the petition, upon which the same is founded, shall have been presented at a regular meeting, ' and then published in full, in the newspapers published in said city of Cape May, at least three weeks, once a week, before the time of such passage. Council to gg ^^^ 5g .11 enacted, That in case any owner or own- CILU80 work . done when crs of any real estate in said city, as aforesaid, shall re- orretuB "^^^'^^'^ ^^^® and neglect to comply with the ordinances in the last section above mentioned, and shall not grade, pave, flag or curb the sidewalks thereof, or grade or repair the same, as may be by said ordinance directed, and in the manner prescribed, for the space of sixty days from the time when the same is required to be done, the city coun- cil shall cause the same to be done, and paid for out of any moneys in the treasury of said city, appointed for the use and improvement of the streets and highways in statement of Said city ; and when so done, they shall cause a particu- fiied' and/o re^'^^ ^^^^^"^^"^ ^"^ accouut of the costs and expenses of main a lien on doiug Said work to be filed in the office of the recorder P^®*''^""^* of said city, and the costs or expenses of performing said work, as aforesaid, shall remain a lien upon the real es- tate, as aforesaid, from the time of performing the said j SESSION OF 187o. 237 work, with interest upon the costs of said work, at twelve per centum per annum, until paid and satisfied ; and the said city council shall sue for and recover the amount so paid with costs, as aforesaid, from the ow^ner or owners of such real estate, or hib, her or their legal representatives, with interest, and costs of suit, in any court of this state, having cognizance thereof, in an action on the case, in the name of the treasurer of the city of Cape May, with- out specifying the individual name of the treasurer for the time being, for so much money by them paid, laid out and expended for the use of such owner or owners, or his or their legal representatives; and in every such action the said statement or account, filed as aforesaid, with the proof of the amount paid, shall be conclusive evidence for the plaintiff, or cause the said real estate, or ^^^i ^^^^^^ such part thereof as they think proper, to be advertised m«y be w>id for and sold, for the shortest period of time that any person "f'a^'^g^eut or persons will purchase the same, and pay the said amount with interest, and all the costs and expenses of publishing notice, advertising, selling, and making a deed ; and when sold, to execute under the seal of the city, a declaration of such sale to the purchaser or pur- chasers as aforesaid, in the same manner and under the same regulations and restrictions, and with like effect in all particulars, and with the same privileges to the owner or owners, to the mortgagee or mortgagees to redeem, as is enacted and provided for selling land and real estate for the payment of the taxes due thereon, by this act ; provided, that if any owner or owners of lots or real estate Proviso, shall not reside in the city, at the time when the said work is required to be done, then it shall be the duty of the city council, before they shall proceed to do or have the same done, to cause a notice to be inserted in the newspapers of said city, and published for four weeks therein, at least once a week, setting forth the name or names of the owner or owners, or reputed owners thereof, the street whereon the property is situated, and that unless the said owner or owners shall comply with such ordinance, and perform the said work within four weeks from the date of said notice, the city council shall cause the same to be done at his, her or their expense, as the ease shall be. 67. And be it enacted, That it shall be lawful for the 238 SPECIAL PUBLIC LAWS. Po^ver of conn- said city couHcil to lay out and open any street, road, or and oien°**^ highway, in any part of said city, and to cause any street, Bheots, Ac, road, highway, or alley already laid out, in any part of alter* &c*^*^*^' ^'^^^ city,tobe vacated, opened, altered or widened, when- ever or so often as they shall judge the public good requires the same to be done ; and the said city council Notice to be shall givc uotice to the owner or owners of any lands, or j,nveii. YQ^\ estate, with the appurtenances necessary to be taken, for either of said purposes, or to his, her, or their agents, or legal representatives, of their intentions to take such land or real estate, and appurtenances, and appropriate it for such street, road, highway, or alley, and shall treat with such person or persons for the same ; and if any such person or persons shall refuse to treat for any such land or real estate, wiih the appurtenances, or the city council cannot agree w4th any such person or persons for the same, then it shall be lawful for the city council to ap- Coinmissioneni point fivc disinterested freeholders of the said city, com- whenTomlclr^ missioncrs, to make an estimate and assessment of the niid owners damage that any such owner or owners will sustain, by anlnoinQke' l^yii^gj altering, or widening any such street, road, high- assessments, way, or alley; and in estimating and assessing such damages, the said commissioners shall have due regard as well to the value of the land or other real estate, with the appurtenances, as to the injury or benefit of the owner or owners thereof, by laying out, altering, or widening any such street, highway, road, or alley. Proceedings iu ^8. And he it etiactcd, That in case the owner or owners oRfto of di« of any land or real estate necessary to be taken for the qudlmcntion ofi*'^ , • li.* -j* ai owner or own- l^yii^g out. Opening, altemig, or Widening any street, «"• road, highway, or alley in said city, shall be non compos mentis, or out of the state, or cannot be ascertained on reasonable inquiry, and no agents, or le^al representatives of such owner can, on like inquiry, be found in the state, then it shall be lawful for the said city council to proceed to the appointment of the commissioners mentioned and provided for in the last preceding section of this act, after publishing in the newspapers published in said city for the space of four weeks, at least once in each week, a notice of the intention of the citj' council to take such land or real estate, and appropriate it for such street, road, highway or alley. 69. And be it enacted, That said commissioners before SESSION OF 1875. 239 they enter upon the execution of the duties required of Commission- them shall be sworn or affirmed before the mayor or the ^J^^^^J^ ^'^^'^ alderman of said city, to make the estimate and assess- ment submitted to them fairly and impartially, according to the best of their skill and judgment. 70. And belt enacted, That the city council shall ap-xofioeof point a time and place within said city, for said commis- '"^'""^"1^ -^L^ sioners to meet, notice whereof shall be given by putting tube adver- up advertisements in eight public places in said city, at*'*^^^- least twenty days before the time of meeting, which ad- vertisement shall specify the street, road, highway or alley, proposed to be laid out, altered or widened, the al- teration proposed to be made, and the lands or other real estate, with the appurtenances intended to be taken for such purposes, and also cause a written notice to be served upon each of the owners who reside in said city, or whose place of residence is known, and of the place of residence of anv such owner that is known, be not in the city of Cape May, that a notice be placed in the post oltiee directed to him or her, at his or her place of resi- dence, shall be as sufficient notice, and the said commis- sioners, or a majority of them, when met, shall have power to swear and examine witnesses, and shall view the premises, and make a just and true estimate as afore- said, and make and sign a certificate of such estimates Certificate of and assessments, and file the same in the office of the re- J^^^glg^^" ^ corder of said city ; and the same being ratified by the city council, shall be binding and conclusive upon the vvhon rHtified owner or owners, of any such lands or real estate with^y^^^^^^^-'''^^^ the appurtenances, subject only to the appeal hereafter conclusive, given, and upon payment of the damages so awarded, and a tender and refusal thereof, it shall be lawful for the commissioners to cause the same land or other real estate with the appurtenances, to be converted and used for the purpose aforesaid ; provided, however, that any per- Proviso, son or persons, conceiving himself, herself or themselves aggrieved by the proceeding of the city council or the said commissioners, may appeal therefrom to the circuit court of the county of Cape May, within thirty days from the time of making the final order of the city council, and the .said circuit court shall order a trial by jury, to assess the damages sustained by the party aggrieved, the trial whereof to be conducted as in other cases of jury trial. 240 SPECIAL PUBLIC LAWS. Damngesmay 71. And he it enoctedy That in case of non-payment on ^^j^*^!'^^'^ ^'y demand cf any damages assessed as aforesaid, with inter- est from the date of assessment, in case of no appeal to the circuit court aforesaid, the person or persons entitled thereto may sue for and recover the same, from the city of Cape May, in an action of debt, with costs, in any court having cognizance thereof; and the said proct^eding of the commissioners and city council, or award of said jury, shall be conclusive evidence against the defendants. Councilman 72. And be it eiiactedy That the said city council shall ?o be* surv^eyed have power, and may, from time to time, cause the said and mapped, city, or such parts thereof as they may think proper, to be surveyed and mapped, and may survey and make maps of all such roads, streets, alleys and public passage ways, as have been dedicated to the public, as thej' shall think proper ; and all such roads, streets or alleys, wlien surveyed, and such surveys approved by the city council and filed, shall be deemed and taken to be public streets or highways, and be treated as such in all respects ; also, cause to be made within said city, surveys and maps of said city, or any part thereof which has not yet been laid Line«of8troetsoff, or run out into strccts ; and to determine where the inft^ked"and^ strccts and thorouglifarcs shall run and to mark the grades of liucs, and establish the grade thereof, which said lines eatabUehed^ and grades so established, and the surveys and maps made thereof, and approved by the city council, shall be binding upon the owner or owners of said lands or real estate, so surveyed and mapped as aforesaid ; and when- ever the owner or owners thereof see proper to open streets, and lay out his, her, or their property in lots, he, she, or they, shall open streets or thoroughfares as they shall have been laid out, surveyed and mapped, ac- cording to the lines and grades established as aforesaid ; streets, when and the Said streets and thoroughfares, when so opened by public high- the owucr or owners thereof, shall be public streets and '^^^^' highways, and shall be treated as such in all respects. Openings in ^^' ^^'^ ^^ ^^ euocted, That the city council shall have sewers and powcr to rcgulatc by Ordinance, in what manner indi- cuivertB. viduals and corporations shall make openings into the sewers or culverts, and to enact fines and penalties for injury done to the same. 74. And be it enacted^ That when a majority of owners of real estate in any part of said city shall, by petition, SESSION OF 1875. 241 ask the city council to cause an underground drain or coancu may . culvert to be constructed along any one or more of the ^^J®^^,^**"* ^^ streets or highways of said city, or parts thereof, then it be constructed shall be lawful for said city council, at its discretion, by Sliforily^^of ^"^ ordinance, to direct the construction of such drain, or ownewof real any part thereof, of such dimensions, of such material, in ®*^*®' *^* such manner, and under such supervision as the city council may deem fit and proper for the objects petitioned for; but in no case shall any drain be constructed beyond the limits mentioned in the petition, and no ordinance shall be finally passed by said city council until the petition upon which the same is founded, shall have been published in the city of Cape May, at least three weeks, once a week, before the time of such passage. 75. And be it enacted^ That two-thirds of the whole Lands adjacent cost and expenses of such drain or culvert, shall bef"^^*^^^ assessed upon all the landslying adjacent to and that may two thirds uf be benefited by such drain, in proportion to the benefits *^***^ received, not exceeding benefits. 76. And be it enacted, That an account of the costs and Costs and ex- expenses of such drain or culvert, showing the proportion SfelTand to re- for which each owner of property is liable, shall be filed main alien on in the office of the recorder of said city, within twenty p*"id* ^* days after the completion of the same, and such propor- tion of said costs and expenses, shall be a lien on the lands charged therewith, from the time the work is com- pleted, until the same be paid and satisfied ; provided, an Proviso, appeal from such apportionment, may betaken to the city council, under sucn stipulations as said council may by ordinance provide. 77. And be it enacted. That the city council may order Council may the whole, or any part of said costs and expenses, to be J^''^^^^^^® JJJJ^j^ paid out of any moneys in the hands of the treasurer and to collect * of said city, appropriated for the use and improvement^^®**™®* of the streets and highways in said city, and after such payment shall collect the same, with interest and cost, from the owners and lands so liable, in the same manner as the cost and expenses of grading, and paving and curbing the sidewalks are authorized to be collected by said city, in this act, as prescribed in the seventy- fourth section thereof. 78. And be it enacted, That the said city council may, .^o'lTs^^ucr'ab- at its discretion, and at the expense of the said city, con- drains and inlets. 242 SPECIAL PUBLIC LA\V8. struct sub-drains and inlets in any of the streets in said city for the purpose of facilitating surface drainage. OrdinnnofBof 79. Aiid be it enacted, That anj' ordinance of the city ciuail^ 0000"^ council requiring the owner or owners of lands to pave, owners. grade, flag, curb, or otherwise permanently improve the sidewalks and gutters thereof, shall be conclusive upon said owners, and the ordinances shall not be called in question collaterally, but may be reviewed as any other judicial proceeding by certiorari; and any deed or declar- ation of sale made under the seal of the city for lands sold to pay for grading, paving, flagging, or otherwise permanently improving any sidewalk or making gutters in and along any street, highw'ay or alley of said city, or paving and grading, or repairing the sidewalks of any Deed or de- said Street, highway or alley, or any deed or declaration 8«^e?evidence ^^ salc made uudcr the seal of said city, for lands sold to of right of pay for taxes assessed against the same by virtue of this grantee. ^^^ j^. regular upon its face, it shall be prima facie evidence of the right of the grantee, his heir or assigns, to recover, hold and possess the lands therein conveyed, without additional proof of the regularity of the proceed- ings under which the said sale and deed were made. Advertisement gQ. And be it enacted, That in advertising anv real eatHte, &c. estate for sale, under and by virtue of this act, in cases where they are to advertise and sell, it shall be lawful to embrace lands belonging to different persons in the advertisement, and at any sale so made by the city council it shall be lawful for the city of Cape May to become the purchaser of any lands so sold. Mistake in 81. And be it enacted. That in case of the sale of any owner,\o.,notlot Or lots of land by the city council, under and by to inv^idjite yirtuc of this act to Satisfy the cost and expenses of doing procee ings. ^^^ work, made a lien by said act, any mistake in the name or names of the owner or owners of such lot or lots, or omission to name the real owner thereof, shall not invalidate any proceedings under said act for the sale of any real estate by virtue thereof. TITLE SEVENTH. MISCELLANEOUS PROVISIONS. 82. And be it enacted, That upon the trial of any issue SESSION OF 1875. 243 or upon the judicial investigation of any fact to which No pei son the city of Cape May is a party, or in which the city of p^J'^j^^^J"^^'®"' Cape May is interested, no person shall be deemed to be juror, &c. iiK'ompetept as a judge, witness or juror, by reason of his being an inhabitant or freeholder of said city ; and if any person shall be sued or impleaded by reason of any thing done by virtue of this act, it shall be lawful for such person to plead the general issue, and give this act and special matter in evidence at the trial. 83. And be it enacted, That all ordinances of the said OrdinRnces to city, passed by the city council thereof, under and byf^rce""®'° virtue of the provisions of any act of the legislature of this state, in force at the time of the passage, and not in- consistent with this act, shall continue in force until al- tered or repealed by the cit}' council. 84. And be it enacted, That no member of the city no member of council shall be appointed to, or competent to hold ^^^y -j^/^r^gl^S hf office, the salary or emoluments of which are paid from any coiTtrad, the city treasury, or be directly or indirectly interested ^^ in any contract, the expense of which is to be paid from the city treasurj% or become security for any officer ap- pointed by said council, or for any contractor under the city government, under the penalty of five hundred dol- lars for each offence, to be recoverable by suit, in the name of the city of Cape May, and the said penalties, when recovered, shall be paid into the city treasury, for the use of said city. 85. And be it enacted. That the city council of the city Powerofeoun- of Cape May, shall have the exclusive power to ^rant;:'' '"^^1"^ licenses to persons to keep inns and taverns, with thcnndtav privilege of retailing vinous, spirituous or malt liquors*^*** within the said city, on such terms and under such lim- itations, regulations and restrictions as the said city coun- cil shall by ordinance impose; provided, that all licenses Proviso, so granted by the said city council, shall terminate on the thirtieth day of September, in each and every year, and that all licenses granted by the city council for the terra of eight months, included in the period embracing the months of October, November, December, January, February,. March, April and May, shall be granted un- der and in conformity with the state law, governing inns and taverns. 86. And be it enacted, That each and every petition to mns •ems. 244 SPECIAL PUBLIC LAWS. Petitions for license, how made. Council may ^rant and re- volce licenses. License fee. No license to be transferred, Laws made ap plicable, ex- cept in certain cases. Repealer. the city council of said city for a license to sell any vin- ous, spirituous, or malt liquors within said city shall be made upon a printed form or blank, to be provided by the said city council, and to be obtained from the re- corder of said city, upon application of any person or persons making such petition to said city council, which form or blank shall set forth : I. The requirements of the law qualifying persons for keeping a public house, for the sale of such vinous, spirituous, and malt liquors; II. The petition of the person or persons applying for such license. 87. And be it enxided, That the city council shall have power on every application to keep an inn or tavern, as aforesaid, by a vote of a majority of all the members of said city council, to grant the same, and to revoke for cause shown, any license whatever, granted by said city council; the said city council shall charge for every li- cense granted not less than one hundred dollars for the months of June, July, August and September, and may attach such terms and conditions to the license as they may deem proper, and every license shall be signed by the president and clerk of council, and no license shall be delivered until the fee thereof shall be paid to the city recorder, and all moneys received for licenses shall be paid to the city treasury, for the use of said city. 88. And be it enacted^ That no license as aforesaid shall be transferred to any other person, or valid if used in and for any other house or locality than that for which said license was granted. 89. And be it enacted, That the laws of the state of New Jersey, applicable to the city of Cape May, shall, after the passage of this act, continue to apply as now, except when the particular subject matter thereby regulated is otherwise provided for in this act, or the provisions of said laws are inconsistent with or repugnant to the pro- visions of this act, and that all acts or parts of acts so inconsistent or so repugnant, be and the same are hereby repealed, to the extent that they are so inconsistent or repugnant; but nothing herein contained shall bo con- strued so as to destroy, impair, or take away tny lien, claim, right or remedy, acquired or given by any act SESSION OF 1875. 245 hereby repealed ; and all liens, rights, claims and reme- dies, acquired or given by any act hereby repealed, may be collected, enforced, had and taken, and all proceed- ings that are already commenced, or hereafter may be commenced for the collection of any lien, or claims for taxes, assessments or improvements, acquired or given by any such former acts, may be carried on and com- pleted under any such act, in all respects in the same manner and with the same effect, as though this act had not been passed ; and all prosecutions for any offence committed, or penalty or forfeiture incurred, shall be carried on in all respects in the same manner and with the same effect, as though this act had not been passed. 90. And be it enacted, That the city of Cape May shall be Ciiy entitled to entitled to its just proportion of the annual appropriation ^choorfantL^ of the school fund of this state, and to its just proportion and quota of the interest arising from the surplus revenue, appropriated to and received, or to be received by the state of New Jersey, to be ascertained in the same manner as the proportion or quotas of the townships of this state now are, or hereafter shall be ascertained ; which said moneys shall be paid into the treasury of the city and accounted for and applied for school purposes in said city. 91. And be it enacted, That all that act entitled " A Repealer. Further Supplement to an act entitled *An Act to incor- porate the city of Cape Island," ' approved February twenty-eighth, eighteen hundred and fifty-one ; approved February fifteenth, eighteen hundred and seventy, be and the same is hereby repealed; and that the board ofu^„dofcom. commissioners appointed under that act, are hereby miwione™ to required to deliver to the recorder of the city of Cape plrty! &c^, SLd May, all books, papers, vouchers, unissued bonds and «" «>nt™c*8, property of all kinds in their possession, belonging to mnde.lcf be^™ the city of Cape May, within sixty days after the passage «*"'»®^ o"^- of this act, and that all contracts and agreements hereto- fore made by said board of commissioners, shall be car- ned out under this act, the same as if said act creating said board of commissioners had not been repealed. 92. And be it enacted, That this act shall be deemed and When to take taken to be a public act, and shall take effect on the^^®*^^* eighth day of March next ; and that all acts and parts 246 SPECIAL PUBLIC LAWS. Repealer. of acts inconsistent with this act, be and the same are hereby repealed. Approved March 3, 1875. CHAPTER LXXIX. An Act to change the time of holding the annual town meetings in the township of Franklin, in the county of Warren. Time of hold- 1. Be IT ENACTED by the Senate and General Assembly of insr annual ^j^^ g^^^^ gf y^,^ Jersey, That after the passage of this act, town meetinjrg ^ ^' . ^ u- r i7» i i- the annual town meetings in the township ot rranklin, in the county of Warren, shall be held on the third Monday of March, annually ; and the first of said town meetings under this act shall be held at the public house of David Kries, in said township. 2. And be it enacted, That this act shall take effect immediately. Approved March 3, 1875. CHAPTER LXXXIV. A Supplement to an act entitled "An Act to incorporate the town of Union, in the township of Union, in the county of Hudson," approved March twenty-ninth, one thousand eight hundred and sixty-four. Authorized to 1. Be IT ENACTED by the Senate and General Assembly of issue bonds, ^j^^ gf^^^^ ^j ^y^^ j^,^.^^^^' rpj^^^ ^j^^ ^^^^^ ^^ councilmeu of the town of Union, in the county of Hudson, or their successors, be and thev are herebv authorized to issue bonds to the amount of fifteen thousand dollars, for the purpose of redeeming such bonds known as " Gardner SESSION OF 1875. 247 Street Improvement Bonds," which will expire "April first, one thousand eiu^ht hundred and seventy-five; five thousand dollars of said bonds so to be issued to run for three vears, and the remainder for five vears ; such bonds not to be sold for less than ninety-five cents on the dollar, and bearing interest at the rate of seven per centum per annum. 2. And be it eyiactedf That all acts or parts of acts, in- Repealer, consistent with this act, are hereby repealed. 3. And be it enacted, That this act shall be considered a public act, and shall take effect immediately. Approved March 9, 1875. CHAPTER LXXXV. A Further Supplement to the act entitled "An Act to en- courage the establishment of Mutual Loan and Building Associations," approved February twenty-eighth, one thousand eight hundred and forty-nine. 1. Be it enacted by the Senate and General Assembly o/ Capital etock the State of Neiv Jersey, That tlie capital stock of every g^^'^'^^^l,^^^^ association now organized, and which may be hereafter organized in the county of Burlington, under and by virtue of the above mentioned act and the several supple- ments thereto, shall be considered personal property, and that the paid in value of the shares thereof, on the day prescribed by law for commencing the assessment, shall ue assessed, in the township or ward wherein said asso- ciation is located, in the name of the stockholders then holding the same upon the books of said association, in the same way and manner as other personal property, in lieu of the taxes now assessed by law, upon the capital stock of said associations. 2, And be it enacted, That it shall be the duty of the List of stock- secretary of every such association, within said county, ^"j^n^o^al^es when applied to by the assessor entitled to assess the same, sors. to give to the said assessor a true list and statement of all 248 SPECIAL PUBLIC LAWS. the stockholders of the same, and of the number and amount of paid in value of the shares, standing in their names on the books thereof, for the purposes of taxation, under this act. Repealer. 3. And be it enacted/That all acts and parts of acts inconsistent with this act, are hereby repealed, and that this act shall take effect immediately. Approved March 9, 1875. CHAPTER XCV. An Act to prevent Usury in the county of Monmouth. Against ueury. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey^ That all contracts for the loan of any money, wares, merchandize, goods or chattels, here- after made in the county of Monmouth in this state, whereby above the value of seven dollars for the forbear- ance of one hundred dollars for a year or above that rate for a greater or less sum, or for a longer or shorter period, shall be taken directly or indirectly, shall be ut- terly void. Repealer. 2. A7id be it enactedy That all acts and parts of acts in- consistent with this act are and the same are herebv repealed. 3. And be it enactedy That this act shall take effect im- mediately. Approved March 10, 1875. SESSION OP 1875. 249 CHAPTER XCVII. A Further Supplement to the act entitled "An Act to revise and amend the charter of the city of Newark." 1. Be it enacted by the Senate and General Assembly o/ Commission- Grs to pbiIihal^ Uie State of New Jersey^ That the commissioners to esti- aud h«8«»8 mate and assess damages and benefits in pursuance of beirefitrhow the act to which this is a supplement, or of any supple- appointed, ment thereto, shall hereafter be appointed by the circuit court of the county of Essex, on application in behalf of the mayor and common council of the city of Newark, who shall cause ten days' notice of the time and place of such application to be given, by publication thereof in the newspapers duly authorized to publish the ordinances and official notices of said city, at which time and place, upon satisfactory evidence of the due publication of such notice, the said court shall, without unnecessary delay, ^ appoint the said commissioners, who shall be freeholders and otherwise qualified as in said act specified ; and Vaoanciea, in case of the death, resignation, refusal to serve, or ^^^^'^ ^"®^' disability of any commissioner so appointed, the vacancy shall be filled as soon as may be by said court, on appli- cation as aforesaid. 2. And be it enactedy That all commissioners to estimate Commission- and assess damages or benefits in said city, shall make a p^!* ™*^® '■®' report of their assessments to the said court, and upon the coming in of any such report, signed by the said commi.ssioners, or any two of them, the said court shall cause such notice to be given as it shall direct, of the Notice to be time and place of hearing any objection that may befn'^^piJ^J*^® made to such assessment, and, after hearing any matter hpanng objec which may be alleged against the same, the said court *^°°** shall, by rule or order, either confirm the said report, or Court may con- refer the same to the same commissioners for revision and^™*""™*®^*"®' correction, or to new commissioners to be appointed by the said court, to reconsider the subject matter thereof, and the said commissioners to whom the said report shall be so referred, shall return the same report corrected and 17 250 SPECIAL PUBLIC LAWS. revised, or a new report to be made by them in the premises to the said court, without unnecessary delay, and the same on being so returned shall be confirmed or again referred by the said court in manner aforesaid, as right and justice shall require, and so, from time to time, until a report shall be made or returned in the premises which the said court shall confirm, and such report WhPD report 18 when SO Confirmed by said court, shall be final and g^^°^''J|J®^*°*>® conclusive, as well upon the said city as upon the owners ' of any land and real estate aflfected thereby, and the said court shall thereupon cause a certified copy of said Copy of report report to be transmitted to the city clerk, with a certified ^ u^ f 'if ^'^'^ ^^Py ^^ ^^^ ^^'® ^^ ^^ court confirming said report, and ciycer . ^j^^ commou council shall thereupon order the said assessment to be collected as authorized by law. Compenaation 3, And be it etuicted, That the judge of the said court of judjje. who shall perform the services aforesaid, shall receive the following compensation, to wit: for the appointment of the said commissioners, the sum of five dollars ; for the hearing of objections to any report the sum of five dollars for every day he shall sit to hear the same, and upon the confirmation of any such report the sum of five dollars to be paid by the said city. Court may 4. And be it enacted, That the said court may make make rules and such rulcs, uot inconsistent with the provisions of this reguaiong. ^^^^ ^^^ ^j^^ regulation of the practice and procedure under the preceding section, as shall be deemed expedient. AsseMments, 5. And be it enacted, That hereafter all assessments for b^^'wihom^ *°^ costs, damages and expenses which have been heretofore incurred, or which may be hereafter incurred, for any public improvjBment in said city authorized by the act to which this is a supplement, or by any supplement thereto, shall be assessed by the said commissioners upon all the owners of lands and real estate in said city peculiarly benefited thereby, in proportion as nearly as may be to the advantage each shall be deemed to acquire, and in case the said costs, damages and expenses shall exceed the amount of said benefits, such excess shall be assessed upon and paid by the city of Newark. Commission- 6. And be it enacted, That each of the commissioners ento take aforesaid, before they enter upon the execution of the said duties required of them, shall severally take and subscribe an oath or affirmation before an oflScer author- ] SESSION OF 1875. 251 ized to administer oaths and affirmations, to make the said estimates and assessments required of them respect- ively, fairly, legally and equitably, according to the best of their skill and understanding, and the said commis- sioners shall receive such compensation for their services Co"»pen8ation. as may be fixed by the common council. 7. And be U enacted, That in order to provide for the Assessments payment of the costs, damages and expenses as aforesaid JJJ^*^®^^'^"^ of any public improvement, or of any part thereof, levied or coi- the assessment for which may have been or may be here- *^'®*^' after vacated and set aside, either in whole or in part, by the supreme court of this state, an assessment shall be made and levied or collected in accordance with the provisions of this act, and of the act to which this is a supplement and the several supplements thereto. 8. And be it enactedy That every and each assessment Assessments a made and levied in accordance with the provisions of cou^Ted.*^^^ this act, the act to which this is a supplement, and of the acts supplementary thereto, as modified by this act shall be a lien, and shall be collected and enforced in all respects as now authorized by law and as herein provided ; provided, that when both benefits and damages shall have Proviso, been or hereafter shall be estimated and assessed upon the same land, and no appeal shall have been taken there- fix)m, the amount to be paid by the owner of the land assessed or by the city, as the case may be, shall be the amount of the difference only between the said assess- ments. 9. And be it enacted, That every assessment for ^an^- ^f damages ages heretofore made within said city is hereby ratified, made valid, confirmed and made valid ; provided, that this section shall Proviso, not apply to any assessment from which an appeal has been taken or in. respect to which any suit is now pending. 10. And be it enacted, That all acts and parts of acts Repealer, inconsistent with or repugnant to the provisions of this act, are hereby repealed; and that this act shall be deemed a public act, and take effect immediately. Approved March 11, 1875. 252 SPECIAL PUBLIC LAWS. CHAPTER XCVIIL An Act to confirm the acknowledgment and proof of deeds and other writings, taken by Jacob Hitchner. Preamble. Whereas, It appears that the Senate and Greneral As- sembly of the state of New Jersey, appointed, in joint meeting, held on the eleventh day of March, Anno Domini eighteen hundred and sixty-eight, Jacob Hitch- ner, of the township of Pittsgrove, county of Salem, to take acknowledgments and proofs of deeds, who was commissioned and sworn into office as such commis- sioner, and from a misapprehension of his authority under his said commission continued to take acknow- ledgments and proofs one year after the date of the expiration thereof, by reason of which innocent per- sons may be subject to great loss, therefor, Acknowieds:- 1, Be IT ENACTED by the Senate and Oeneral Assembly of vaM. '^^'*^'*'®^ the State of New Jersey, That the several acknowledgments and proofs, and other instruments of writing, taken and certified by the said Jacob Hitchner, be and the same are hereby confirmed and declared valid and effectual, as if the said Jacob Hitchner had been lawfully author- ized to take the same. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 11, 1875. SESSION OF 1875. 253 CHAPTER XCIX. An Act to authorize the township of Middletown, in the county of Monmouth, to elect one or more constables. 1. Be it enacted by the Senate and General Assembly of Mny elect con- (he State of Ntw Jersey, That the inhabitants of the town- '**^^^- ship of Middletown, in the county of Monmouth, shall have full power and authority at their annual town meeting, to elect by a majority of votes, one or more constable or constables, not exceeding the number of justices of the peace, which the said township may be constitutionally entitled to elect. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 11, 1875. CHAPTER C. An Act to regulate the building and repairing of the Public Roads in the township of Upper Penns Neck, in the county of Salem. over 1. Be it enacted by the Senate and General Assembly o/office of the State of New Jersey, That the office of overseer of high- »eer abolished. ways in the township of Upper Penns Neck, in the county of Salem, be and is hereby abolisKed. 2. And be it enacted, That the duties and powers now Duties to be devolving upon and exercised by the overseers of high- ^w'IIbTJp com ways in said township of Upper Penns Neck, shall de-mittee. volve upon and be exercised by the township committee of said township. 3. And be it enacted, That the said township commit- May appoint tee shall have power to appoint a supervisor or super- h^gbways'^* ^ 254 SPECIAL PUBLIC LAWS. visors of the highways in the said township, to superin- tend the building and repairing of highways therein, upon such terms and under such restrictions as they shall deem most for the public good. Power to let by 4. And be it euocted, That the township committee in repairing of^ Said towuship, shall have the power to let by contract to roadfl, A;c. the lowest bidder or bidders the building or repairing of any public roads in said township. Day '8 work, 5. And be it enacted^ That a day's work shall consist of and compensa- |.^j^ hours of actual labor performed, yet in no ciise shall the wages of laborers exceed the sum of one dollar and fifty cents per day. Eepeaier. 6. And be it enacted, That all acts and parts of acts con- flicting with this act, be and the same are hereby repealed. 7. And be it enacted^ That this act shall take effect im- mediately. Approved March 11, 1875. CHAPTER CXIV. A Further Supplement to the act entitled "An Act to facilitate judicial proceedings in the county of Pas- saic," approved March twenty-eighth, eighteen hundred and seventy-one. Saiar;^ of prcBi 1. Be IT ENACTED by the Senate and General Assembly of dentjudKc. f]ff> State of New Jersey, That in addition to the sum, by the supplement to said act approved March twenty-sev- enth, eighteen hundred and seventy-four, required to be paid to the president judge of the inferior court of com- mon pleas of the county of Passaic, there shall be paid to said president judge, on and after the first day of April, in the year eighteen hundred and seventy-five, the sum of five hundred dollars per annum. 2. Pifnd be it enacted, That this act shall take effect im- mediately. Approved March 11, 1875. SESSION OF 1875. 255 CHAPTER CXV. A Further Supplement to an act entitled "An Act to authorize the president and directors of the Trenton Water Works to convey their works and franchises to the city of Trenton, and to provide for the manage- ment of said works," approved March first, eighteen hundred and fifty-nine. 1. Be it enacted by the Senate and General Assembly o/iBsaeofbondi, the State of New Jersey y That the issue of bonds by the city ^^^ Hmited. of Trenton to redeem bonds already issued under the act to which this is a supplement, or any supplement thereto, shall not be affected by any proviso in said act, or sup- plements thereto, limiting the total amount of money which the city of Trenton is empowered to borrow for the purposes in said acts or supplements mentioned ; pro- proviso. vided, the proceeds of the sales of the bonds first above mentioned shall be entirely applied to the redemption of the bonds already issued. 2. And be it enacted, That it shall be lawful for the com- Power to bor- mon council of the city of Trenton, at such times as they ^^^ money, shall think proper, to borrow such further sum or sums of money on the credit of said city as shall appear to them to be necessary for the purpose of paying the ex- penses which may hereafter be incurred in making all necessary repairs and improvements in the mains, ma- chinery, and other works of the Trenton Water Works ; and to loan such moneys to the commissioners of the water works for the purposes aforesaid ; provided^ that the Proviso, sums of money so borrowed shall not exceed in the whole the sum of one hundred thousand dollars. 3. And be it enacted, That to secure the payment of the Authorized to loans authorized by this act, the said common council, "■'^****°^- upon the written application of the said commissioners of the water works, are hereby authorized to issue bonds of the said city of Trenton, at such times as they shall think fit, for an amount not exceeding in the aggregate 256 SPECIAL PUBLIC LAWS. Amount. the sum of one hundred thousand dollars; which bonds shall have the city seal attached, and be signed by the mayor and treasurer of said city, and shall bear interest at the rate of six per cent, per annum, payable semi-an- nually, and shall not be liable for any tax which may be levied or assessed by order of the common council ; the principal of such bonds shall be made payable at such time or times as the said common council may, by or- Proviso. dinance, prescribe ; provided, that no bonds shall be is- sued in any case unless a majority of the whole number of common council shall concur therein. Proceeds, how 4. And be it enacted, That the loan authorized by this applied. Q^Q^ shall be a part of the water loan of the city of Trenton, and that none of the said bonds shall be sold or disposed of for less than their par value, and the proceeds of the sale thereof shall be applied exclusively to the purposes contemplated by this act. 5. And be it enacted, That this act shall take effect im- mediately. Approved March 11, 1875. CHAPTER CXXIII. A Further Supplement to an act entitled "An Act to im- prove Bergen Wood Road, in Hudson county," approved April ninth, one thousand eight hundred and sixty- eight. Preamble. Whereas, Under Said act it is provided that the cost of widening, regulating and improving said road, shall be adjusted (each section to be considered separately,) by the commissioners therein named in an equitable assessment, and so forth ; the lands fronting on the improvement to be assessed in proportion to the benefit received ; and whereas, the language of said act for the assessment of the costs of the improvements thereby authorized, may not be specific enough to conform , to recent decisions of the courts ; but it was the inten- SESSION OF 1875. 257 tion of said act, that no more should be assessed on any property, than the actual benefit received. 1. Be it enacted by the Senate and General Assembly o/Aaaeesmenia, ihe State of New Jersey y That in all assessments hereafter g^aJdRmi^ooi. made, under and by virtue of said act, or the supple- '^*®^ ^ '*"<^ ments thereto, the cost of widening, regulating and improving said road, and all costs and expenses touching and relating thereto, whether heretofore done under said act or acts, or hereafter to be done thereunder or here- under, shall be assessed upon and collected out of the lands and real estate benefited by such improvements, in proportion to the benefit received ; providedy that no Proviso, lands or real estate shall be assessed anv more than the benefit received ; which assessment shall be a lien prior to all other liens, on the lands or real estate assessed. 2. And be it enacted, That all provisions of former acts provieiona of consistent with this act in relation to the making of ^"i;";?'" *?** assessments, the lien of assessments therein authorized, aessments, to and the method of enforcing the lien and collecting theJJP^Pjy^^^Jj;^^^' assessment, shall apply to the jissessments hereby au- autnorized. ' thorized, in the same manner as if this section had been incorporated in the acts in which such other provisions are contained ; and the purchaser of land or real estate sold for such unpaid assessments, shall have the estate for years in the lands and real estate which he off^ered to take in the same, and which shall be conveyed to him by the deed or declaration of sale directed to be given in,Deed8of «aie. and by section one of the supplemental act, approved March seventeenth, one thousand eight hundred and seventy. 3. And be it enacted. That the right of redemption by Limitation of any person entitled to redeem, (except the owner,) shall redemption of be limited to six calendar months, after notice by the pur- *° '* chaser is given, within or without the state, to such person entitled to redeem; of the sale, and no longer ; any such notice may be given before or after the expiration of the two years. 4. And be it enacted^ That no certiorari shall be allowed ^i?° ^P^9^„ , T . ^ . 1 , t* • certioran anall or granted to set aside any assessment for any improve- not be allowed, ment made under and by virtue of said act, to which this is a supplement, or any of the supplements thereto, after sixty days shall have elapsed from the date of the adjustment and review of said assessment by the com- 258 SPECIAL PUBLIC LAWS. missioners to improve said road, as provided for in section five of the supplemental act, approved April second, one thousand eight hundred and sixty-nine. Repealer. 5. And be it enacted. That all of section seven in said act, to which this is a supplement, after the word " per- formance," as the same appears in said section, be and the same is hereby repealed. Repealer. 6. And be it enacted, That section four, of the supple- mental act, approved April second, one thousand eight hundred and seventy-three, be and the same is hereby repealed. Repealer. 7. And be it enacted, That all acts and parts of acts in- ^ consistent with this act, be and the same are hereby repealed. 8. And be it enacted, That this act shall be taken and deemed to be a public act and shall take effect imme- diately. Approved March 15, 1875. CHAPTER CXXIV. An Act to enlarge the bounds of the public school dis- trict at Boonton, in the county of Morris, to establish a board of education therein, and amendatory of an act pertaining to said school district, passed March thirteenth, eighteen hundred and fifty-one, entitled "An Act to authorize the inhabitants of school dis- trict number seven, in the township of Pequannock, in the county of Morris, to raise money for school pur- poses," and the supplement thereto passed in eighteen hundred and fifty-six. Boundaries of 1- Be IT ENACTED by the Senate and General Assembly of school district, ^/jg ^^^ qf jvisw; JcTsey, That the inhabitants residing in such parts of the townships of Boonton and Hanover, in the county of Morris, as are included within the follow- ing stated bounds, viz : beginning at a point on the north- SESSION OF 1875. 259 easterly shore of the Rockaway river, in the township of Boonton, distant twenty rods southerly from the resi- dence of Edwin K Willis, and thence running in a di- rect line northeasterly to the northwest corner of a tract of land lately known as the Lowerer's farm, belonging to Holmes and Milner; and thence in a direct line north- easterly and so as to include the whole of said farm, to the easterly line of Boonton township; thence southerly along the fine of Boonton and Montville townships to the Rockaway river, and thence up the stream of said river the several courses thereof to the southerly line of the corporation of the town of Boonton; and thence in a westerly course along said corporation line in the town- ship of lianover, to where said line intersects the public road known as the Fanny road, and thence along the centre of said public road toward Powerville, to a point therein one hundred yards beyond the residence of George Elcock, known as the Park House ; and thence in a northeasterly and direct line to the point of begin- ning, shall constitute one public school district for all purposes of education, according to the existing laws of the state, except so much thereof as is altered, supplied, or repealed by the provisions of this act, and that said school district shall be known as the Boonton school Name, district. 2. And be it enacted, That only the legal voters resid- Time and ingin said district may vote in the district meetings, and hJJjJJIf'^f^. every meeting may choose its own moderator, and may, tions. except at the annual meeting and district election, which shall be held on the first Monday in April, adjourn from time to time, at the same or some other place in said district, and that at all elections in said school district held by the legal voters thereof, the presiding officer chosen at such meeting, together with the clerk and treasurer of said district shall be the inspectors of the election, and that at such election the voting shall be by ballot, and as to the election of a school commissioner a plurality shall decide ; that the polls shall open at ten o'clock in the forenoon, and close at four o'clock in the afternoon, and that said election shall in other respects be conducted as state and county elections are conducted ; and that the said annual meeting shall be held at seven and a half o'clock in the evening, for the purpose of re- 260 SPECIAL PUBLIC LAWS. ceiving the reports of the district treasurer, committees, and the board of education, and for the transaction of such other business as shall be properly brought before said meeting. Schwi dutrict 3. And he it enacted. That said school district shall be divided into • j j j • • j j //• xi i. • a. two sections, considered as divided (for the purposes hereinafter men- tioned) into two sections, by extending the centre line of Church street, in the town of Boonton, in a direct course to the easterly line of Boonton township, and to the southwesterly corporation line of the town of Boonton, in the township of Hanover, and that all of said school district on the northerly side of said centre line of Church street shall be called section first, and all on the southerly side of said line shall be called section second. Number of 4. And be it enacted. That seven commissioners of of ^ubiTc^"^"' public schools in said school district shall be selected and schools. appointed as hereinafter provided, in place of three district trustees, and that two of the present trustees whose terms of office as trustees will not expire on the first Monday of April next, viz. : Edwin Bishop, whose term will expire on the first Monday in April, anno domini eighteen hundred and seventysix, and Joseph Milner, whose term will expire on the first Monday in April, anno domini eighteen hundred and seventy-seven, shall be two of said commissioners of public schools, and continue in office as such commissioners until the expir- Eieoiionof ation of their terms as aforesaid; and that at the next commissioners annual school district election to be held in the town of Boonton, on the first Monday in April next, there shall be elected by the legal voters of said school district four other persons as commissioners of public schools ; two of said commissioners thus elected shall be residents of section first, and two of section second in said district, and immediately after such election the said six Commissioners commissioners shall meet together and proceed to divide daases^** ^^^ themselves into three classes, by drawn ballot, in such manner that each class shall be composed of one com- missioner from each section of said Boonton school district; one of which classes, including said Edwin Bishop, shall go out of office at the expiration of the firet year, one including said Joseph Milner at the expiration of the second year, and one at the expiration of the third year; and at said district election there shall also be SESSION OF 1875. 261 selected at large and elected, one commissioner of public Commission- schools, (making the seventh,) for the term of three ®™ ** ^**"*^®- years; and at each annual district election thereafter to be held in said district on the first Monday in April, the legal voters of said school district shall elect two persons, one of whom shall be a resident of section first, and the other of section second in said district as com- missioners of public schools, who shall hold such office for three years ; and every third year the said legal voters shall elect one person as commissioner of public schools, chosen at large, (making the seventh) who shall hold such office for three years; and in case of death, Vacancy, how resignation, removal from section, or other disability of any commissioner of public schools, a person may be duly appointed by the remaining commissioners of public schools, to fill the vacancj'^ until the next annual district election, when the qualified voters of the said school district shall elect a person residing in the section of the school district where the vacancy occurs, who shall serve the unexpired term ; and the said commissioners of public schools first appointed and elected, and the persons so elected or appointed from time to time thereafter, shall constitute a board of education at the town of Boon ton ; and every person elected or appointed as commissioner of public schools under this act, shall, previous to enter- Commiseion- ing on the discharge of the duties of his office, take and ®"tj[]* '*^® subscribe before the clerk of the township of Boonton, or one of the justices of the peace of said township, who are hereby respectively authorized to administer the same, an oath or affirmation, faithfully and impartially to execute the trust imposed in him as such commissioner, to the best of his ability and understanding. 5. And be it enacted^ That the commissioners of public Constituted a schools appointed and to be elected or appointed byratef^"^^ virtue of this act, and their successors in office shall be, and they are hereby constituted a body politic and corporate, to be called and known by the name of the Board of Education of the town of Boonton, and shall Name, powew, be capable of suing and being sued, in all courts and J^^""®" ®^ places whatever, and of purchasing, holding and convey- ing real and personal property for the use and benefit of the public school or schools in said Boonton school district, and that all the schools property belonging, to 262 SPECIAL PUBLIC LAWS. said Boonton school district, both real and persoual, shall vest in the said board of education of the town of Boon- ton, and their successors in oflSce ; and said board shall take charge of the same, and shall cause all necessary repairs to be made to the public school buildings, and shall keep them insured, so far as funds shall be furnished by the people of said district for such purposes, and said board of education shall have power and it shall be their duty to establish in said district, schools of different grades, adapted to the age, capability and progress of the pupils, m which shall be taught, free of charge, all children residing in .said district, and being of lawful school age, who shall attend said schools; and said board of education shall have po'wer, and it shall be their duty to employ and dismiss teachers, janitors, mechanics and laborers, and to fix, alter, allow and order paid their sal- aries and compensations, and to make and enforce rules and regulations, not in conflict with the general regula- tions of the state board of education, for tne government of schools, pupils and teachers, to prescribe the course of study to be pursued, and an uniform series of text books to be used in the public schools in said district, to sus- pend or expel pupils from schools, to provide books for indigent children, to require all pupils to be furnished with suitable books, as a condition of membership in the schools, to require every teacher to keep a state school register and such other records as said board may deem necessary for the benefit of the schools, and to call a spe- cial meeting of the legal voters of the district when in the judgment of said board the interest of the said school district may require it ; and it shall be the duty of said board of education, to make or cause to be made an annual report to the county superintendent, in the manner and form prescribed by the state superintendent of public instruction, and at such time as is required under the general school laws of the state ; but said school commissioners shall receive no compensation for their services. Meetini^of 6. And be it enacted, That the members of said board Hon^^^and^heT ^^ education shall convene within ten days after the an- dutiee. uual district election, and shall proceed to elect one of their number president of the board for the ensuing year, and one of their number to act as secretary pro tempore SESSION OF 1875. 263 to the board; a majority of the whole number of com- missioners shall constitute a quorum for the transaction of business, and no resolution or order of the board shall be adopted, unless with the consent of a majority of the whole number of the commissioners, and the said board shall have power, and it shall be their duty to ap- point a district clerk and a treasurer, with such compen- sation, and under such security as they may deem ne- cessary ; and the said board shall hold monthly meet- ings, which shall be public, and at such meetings any taxable inhabitant of said district shall have a right to appear and present any proper petition, or to state, through some member of tne board, any grievance, or other matters proper for the consideration of said board. 7. And belt enacted, That said board of education shall May appoint have power to appoint, whenever in their judgment it «^P«f»^|t®°vners or tax- payers in said township of Union, as commissioners to make an assessment of the costs and expense of the im- provement of Ridge road under the provisions of this act; the commissioners so to be appointed shall, before to take oath, entering upon the duties of their office, take, subscribe and file in the office of the clerk of the county of Ber- gen, an oath faithfully to discharge the duties devolving upon them as such commissioners, under the provisions of this act, and that they are not property owners or tax- payers in said township of Union ; in case any of the vacanciee, commiasioners so to be appointed shall refuse to serve, or **°^ fi"®<*' shall fail, for a period of thirty days after appointment as aforesaid, to qualify, by taking, subscribing and filing the oath hereinbefore prescribed, the place of every com- missioner so refusing to serve, or failing to qualify, shall be deemed vacant, and be filled in like manner as here- inbefore prescribed ; after the appointment and qualify- 272 SPECIAL PUBLIC LAWS. CommtBBion- er9 to ascertain and ddtemiine coBts and ex- penses of im- proyemonts, Commission eni to make estimate in advance of costs and ex- penses. Interest upon oertifioatee. ing of the commissioners, any vacancy occurring in their number by death, resignation, removal from the state, refusal to act, or other disability, shall be filled by the remaining commissioner or commissioners, due regard bein^ had to the qualifications prescribed for the com- missioners to be appointed by the court. 2. And be it enacted^ That the commissioners, upon their appointment and qualification as aforesaid, shall forthwith proceed to ascertain and determine the total cost and expense of the improvement of Ridge road, in- cluding the value of the lands and improvements taken for the widening of Ridge road by the late commissioners, under the authority of the first act, recited in the pre- amble hereto, the entire amount of certificates of in- debtedness issued by the late commissioners to the con- tractor in pavment for the work, and to the engineer for services rendered, interest on said certificates, all neces- sary or proper costs; charges and expenses made or in- curred Dy the late commissioners, in reference to said improvement, (including under this head the certificate for one hundred dollars issued to the treasurer of the late commissioners for current expenses, and interest thereon,) the costs and expenses of the commissioners to be ap- pointed hereunder, incurred and to be incurred in carry- ing out the provisions of this act, and the costs of col- lecting the assessments hereinafter directed to be made. 3. And be it enacted, That in ascertaining the costs and expenses to be incurred by the commissioners in carrying out the provisions of this act, and the expenses to be in- curred in collecting the assessments hereinafter directed to be made, it shall be lawful for them, and they are hereby directed to make » a reasonable estimate, in ad- vance, of such costs and expenses of sufficient amount to cover the same which shall be added to the amount al- ready incurred ; and in ascertaining the interest upon the certificates of indebtedness aforesaid, it shall be lawful for the commissioners and they are hereby directed to extend the computation thereof to a date six months thereafter ; and they are hereby reauired and directed to make a minute of the date, to wnich they shall have calculated interest, under the authority of this section, in the certificate of assessment directed to be made in and by the sixth and eighth sections of this act. SESSION OF 1875. 273 4. And be it eiuidedy That upon ascertaining the total Commiseinn- cost and expense of the improvement of Ridge road, asj'^'®^^*^?^' prescribed in the second and third sections of this act, aii lands bene- the commissioners shall proceed to make a just and^^®^'*^* equitable assessment thereof upon all of the lands in said township of Union specially oenefited by the said im- provement; provided, that in no case shall the assess- i>h)Ti8o. ments upon any lands exceed the special benefits arising from said improvement to the land so assessed; and in determining the special benefit arising to any lands fronting on said Ridge road, the commissioners shall de- duct therefrom the value as previously determined by them of any portion of said lands, with the improve- ments (if any) thereon, taken by the late commissioners, for the widening of said Ridge road; in case the com- missioners shall determine that the lands specially bene- fited by said improvement have not been so benefited to the full extent of the cost and expense of the improve- ment, the surplus thereof remaining after assessing the lands specially benefited, to the extent of such special benefit, shall be borne by the township at large ; and it shall be the duty of the commissioners, in such case, to give notice in writing to the township committee of the amount so to be borne by the township ; and the town- ship committee shall thereupon take the necessary meas- ures to have the same levied in the following annual as- sessment for taxes, in the same manner as taxes for town- ship purposes are levied and raised in said township of Union. 5. And be ii enacted, That the commissioners shall also, Duties of oom- before or at the time of making their assessment as afore- U^JSTtoa^ said, proceed to ascertain from the late commissioners, 8e«8meDt«. and any other sources of information, the names of the various owners who may or shall have paid their assess- ments under the first assessment, before this act shall be- come a law, and the lands upon which the same were paid ; and in making the assessment directed in and bv the fourth section of this act, the commissioners shall not assess any lands, the assessments upon which under the first assessment shall have been paid before this act shall become a law, unless they shall be of the opinion that such lands have been benefited to an extent greater than previously assessed, in which case such lands shall 274 SPECIAL PUBLIC LAWS. Map and certificate of aaaeaanieDt to be made. Notice to be published to bear objection Meeting; of cominiggion- ere to hear objection. be assessed only with such an amount as added to the former assessment shall equal the special benefit enuring to such lands; and in case the commissioners shall de- termine that said lands have been assessed in excess of the special benefit enuring to them, they shall make an award of such excess, which the owners wlio may have paid the same as aforesaid will be entitled to receive, on making satisfactory proof of their claim thereto, after the payment in full, or provision for the payment in full, shall first have been made, of all the other costs and ex- penses of the improvement and of the assessment thereof, incurred by the late commissioners and by the commis- sioners to be appointed under the first section of this act. (). And be it enactedy That when the commissioners shall have completed said a&sessment, they shall cause a map to be made, showing the location and boundaries of each lot so assessed, and shall designate on each lot of land upon said map the amount assessed against the same, with the owners' names, so far as they may be known to the commissioners; and they shall make and annex to said map a certificate showing the whole amount of said assessment, with the amount assessed against each lot by number, and the names of the owners set opposite thereto, so far as the same may be known to the com- missioners; whereupon the commissioners sliall give two weeks previous notice, in a newspaper printed or pub- lished and circulating in the county of Bergen, and by notice posted in three of the most public places along the line of said improvement, that they will meet at a convenient time and place, to be named in said notice, to hoar and consider all objections to said assessments, and 10 revise, correct, and finallj' confirm the same. 7. And be it enacted, That at the time and place ap- pointed for hearing and considering objections to said assessments, all parties interested shall have a full op- portunity of examining the same, and may state their objections thereto, and produce evidence before the com- missioners in support of said objections ; and any one of the commissioners may administer oaths to the witnesses, who shall be subject to the same pains and penalties for false swearing as if said oath had been administered in an ordinary legal proceeding before a competent court ; and the commissioners, for the purpose of giving SESSION OF 1875. 275 all parties an opportunity of being fully and fairly heard, shall, if necessary, adjourn from time to time, until full opportunity shall have been had for the examination of said assessments, and hearing and considering all objec- tions to the same, and revising, correcting and finally confirming the same. 8. And be it enacted, That the judgment of the com- ABReesment missioners shall be final and conclusive upon all parties ; J.er{ifieHte m and after said assessment shall be finally confirmed, revised, to be anew assessment map and certificate, in the form and withJi]^**" the requirements prescribed in and by the sixth section of this act, and showing the assessments as finally revised, corrected, and confirmed, shall be prepared by the com- missioners, which shall be filed in the clerk's office of said county of Bergen, and a duplicate thereof filed with the clerk of the township of Union, in said county, and which shall be at all reasonable times subject to the inspection and examination of all parties interested in the same; from and after the time of filing of said map in the office of the clerk of baid county of Bergen, said assessments shall be and remain a lien upon each ADscsameDtv, a lot of property so assessed for the amount thereof, re- '*®"- spectively, until the same shall be paid and satisfied ; and upon the payment of any assessment to the officer authorized to collect the same, the clerk of the county, on the production of a receipt therefor, duly acknowledged before anj'^ person authorized to take the acknowledgment of deeds in this state, in the same manner that deeds are required to be acknowledged, shall mark upon the said map the payment of said tax, and thedateof the payment of the same, and shall file said receipt and acknowledg- ment in his office. 9. And be it enacted. That upon the filing of said Copy of map assessment map, and duplicate and annexed certificates, ^^ ^ *°*^®- in the offices of the county clerk and township clerk, as directed in the last section, the commissioners, shall cause notice thereof to be given to the township committee of said township, who shall forthwith prepare, or cause to be prepared, an exact copy of said assessment map and certificate on file in the office of the township clerk, and deliver the same to the collector of taxes for the time being of said township; on receipt of such copy ofDutyof coiiec- the assessment map and certificate, it shall be the duty ^^^' 276 SPECIAL PUBLIC LAWS. of said collector of taxes to proceed immediately to collect ' said assessments, in like manner as \ie is required to do in the collection of the township taxes, on receipt of the assessor's duplicate of assessment, except that no return of delinquents shall be made to a justice of the peace ; and said collector shall be entitled to receive for his services hereunder, at the rate of five mills for each dollar collected and paid over by him to the township committee, or disbursed under their direction. Unpaid Mteu- 10. And be it enacted, That all of said assessments re- P®^^^^*** ^'■*'^ maining unpaid at the date to which the commissioners shall have calculated interest upon the certificates of indebtedness, as directed in and by the third section of this act, shall draw interest therefrom, at the rate of seven per centum per annum, until the expiration of six calen- dar months from the time of the delivery of a copy of the assessment map and certificate to the township col- lector, and thereafter at the rate of twelve per centum per annum until paid. Collector to n. And be it enacted, That at the expiration of the six uiTpa^daM^ss^ mouths mentioned in the last section, it shall be the duty menie. of said Collector, or of his successor in office, to make a return, under oath, of all assessments remaining unpaid at the time of such return to the township committee of said township ; and thereafter the same proceedings shall Lands to be be taken for the sale of such lands upon which the redeemed.**^ assessments shall remain unpaid, and be returned as aforesaid, as in^ cases of sales for unpaid taxes in said township ; the owner or owners of lands so sold, or any person having an interest therein, may, at any time within two years from the execution and delivery of the deed of sale of said lands, redeem the same by refunding to the purchaser thereof the whole amount paid by him on such purchase, and interest thereon from the date of sale to the date of redemption, at the rate of twelve per centum per annum, together with all other taxes and assessments upon said lands, which said purchaser shall have paid in the interval, and interest thereon at the rate of twelve per centum per annum ; and if the lands so sold be not redeemed within the period aforesaid, the purchaser shall be vested with an absolute title to the same for the term of his purchase, freed from any right of redemption on the part of the owners or other parties in interest, except SESSION OF 1875. 277 they be infants or persons of unsound mind, in which case the same may be redeemed within two years after the termination of such disability, on payment of the whole amount paid by said purchaser, and interest there- on at the rate of twelve per centum per annum, together with all other taxes and assessments upon said lands paid by said purchaser, and interest thereon at the rate of twelve per centum per annum. 12. And be it enacted, That the certificates of indebted- Certificates of ness issued by the late commissioners, on being counter- |j^^®^2led1n^ signed as hereinafter prescribed, shall be receivable with payment, and accrued interest at par, in payment of any assessments UpplfJS.' ^^^ for the costs and expense of the improvement of Ridge road, levied under the provisions of this act ; that it shall be the duty of the township committee from time to time to apply the moneys which may be collected upon said assessments, after payment to the expenses of the pro- ceedings contemplated and directed by this act, to the redemption of the outstanding certificates of indebted- ness issued by the late commissioners ; that it shall be the duty of the late commissioners to render to the township commiiieioii- committee an exact account of all moneys and certificates gjatemenf &c received by them in payment of the assessments levied by them, and of all moneys by them disbursed, and the purposes for which the same were disbursed, and to pay over to the township committee all moneys so received and remaining in their hands, and to transfer all certifi- cates of indebtedness received by them as aforesaid, to be kept as hereinafter directed ; and it shall also be the duty of the late commissioners to render to the township com- mittee a full and exact statement of all the certificates of indebtedness issued by the late commissioners, specifying their number, date, amount, and date of maturity, which statement shall be verified by the oath of the treasurer, or in case of his death, disability, or absence from the state, by the secretary, chairman, or any other of the late commissioners acquainted with the matter ; the particular certificates to be redeemed shall be selected, by the town- ship committee, as far as practicable, in the order of their maturity; and thereupon (unless sooner paid) three weeks' notice of the certificates so to be redeemed, speci- fying their number, date, and amount, shall be given in a newspaper printed or published and circulating in said 278 SPECIAL PUBLIC LAWS. county of Bergen, and by notice set up in five of the most public places in said township ; at the expiration of which time said certificates shall cease to draw interest, and shall be paid by the township committee on presen- tation. Certificates of 13. And be H enocted, That before any such certificate to^be wfun^V ^^ Certificates of indebtedness shall be received in pay- signed, ment of any assessment levied under the provisions of this act, or shall be paid by the township committee as aforesaid, the same shall be countersigned by the chairman, secretary, and treasurer of the late commis- sioners, or the survivors or survivor of them, residing or being within the state, by writing the number, date, amount, and date of maturity of each certificate pre- sented across the face thereof, together with the date of such countersigning, and signing their names thereto; and in case of the death, removal from the state, or other disability of all of the aforesaid officers, so that no one of them can be found to countersign said certificates, the same shall be countersigned by any other of the late commissioners, after examination of their records. Commission 14. And be it enacted, That the commissioners appointed pioy"aKent8J Under the provisions of this act, shall have power to em- Ac. ' ploy such surveyors, draughtsmen, clerks, workmen, agents, and counsel as may or shall be necessary for the purpose of more effectually carrying out the objects of this act, at such rates of compensation as ma}- be May issue established by the commissioners; and may issue certifi- •'®I*^uf *i*^* **^ cates of indebtedness therefor, bearinsr interest at the mdebtedness. ,/. , ' ^.•i«t-i rate of seven per centum per annum until paid ; said certificates with accrued interest shall be receivable at par, in payment of any assessments levied under the provisions of this act; that each commissioner shall be Compensation, entitled to receive five dollars for each day actually spent in the performance of his duties as such commissioner; and the expenses incurred by the commissioners under any of the provisions of this act, together with the afore- said allowances to the commissioners, shall be paid out of the first proceeds of the assessments collected. Commission. 15. And be U enacted^ That it shall be the duty of the ers tokeep re commissioners to keep a full and accurate record of their counts? Ac!' proceedings, and file the same on the completion of their duties, with all maps, papers and other documents relating SESSION OF 1875. 279 thereto, (of which a different disposition is not elsewhere in this act directed,) in the office of the clerk of said town- ship of Union, to by him carefully preserved as the other records of said township are by law required to be kept ; and it shall be the duty of the township committee to keep full, accurate and exact accounts of all moneys collected and certificates of indebtedness received for assessments, and all moneys paid out by them, as required by this act, and to publish a report thereof in their annual township report ; and they shall make and keep an exact record of all certificates of indebtedness received in payment of assessments, or paid by them, specifying the time of their receipt, and the persons from whom they were received ; and they shall cause every certificate so received to be plainly and legibly marked across the face thereof "canceled," with the date of such cancellation, which shall be signed by the president of the township committee and by the clerk of the township, and they shall thereupon file each certificate of indebtedness so received and canceled in the office of the clerk of the township. 16. And be it enacted, That in case any assessment Proceedings in levied under the provisions of this act shall be removed mento w^e^set into the supreme court by certiorari or otherwise, and aside, shall be set aside by said supreme court, or by the court of errors and appeals, on the ground of error or irreg- ularity in the proceedings of the commissioners, then, and in every such case, the court so setting aside the assessment, shall be empowered, and it is hereby made the duty of said court, either to adjudge and determine the amount properly fissessable against the lands in ques- tion, in which case the same shall be a lien on said lands and shall be collected in the manner hereinbefore pro- vided, or said court shall nominate and appoint three new commissioners, for the purpose of making a new assessment of the costs and expense of the improvement against the lands the assessments upon which shall have been set aside as aforesaid; the commissioners so to be appointed shall proceed in all respects, in relation to the particular lands in question, in the manner prescribed in this act for the commissioners to be appointed under the first section of this act; provided, that the new Proviso. coDQmissioners may use and employ any surveys and 280 SPECIAL PUBLIC LAWS. Ratberhird avenue com miasioners, maps made and prepared under the direction of the commissioners to oe appointed by the court of common pleas, unless said assessment shall have been set aside for some irregularity or defect in said survey or map ; and the assessments levied by the commissioners to be ap- pointed under this section, shall be and remain a lien on the lands so assessed until finally paid, and shall be collected in the manner hereinbefore provided. 17. And be it enacted., That three commissioners for the purpose of making a new assessment of the costs and how'appomted« expense of Rutherfurd avenue shall be appointed in like Itllli«*5t« manner, as prescribed in the first section of this act; powers, ac. _ iiii-^i ii-i i they shall have the same powers and discharge the same duties in relation to Rutherfurd avenue, and be entitled to the same compensation therefor as hereinbefore pro- vided in the case of the commissioners for making a re- assessment of the costs and expense of the improvement of Ridge road ; and all the foregoing provisions of this act, in relation to the assessment, collection and payment of the costs and expense of the improvement of Ridge road, shall eoually and in like manner apply to that of Rutherfurd avenue, so far as the same are applicable thereto, as fully and effectually as if the same were here- in set forth at large. 18. And be it enacted, That this act shall be a public act and shall take effect immediately. Approved March J 5, 1875. Bonndariefl CHAPTER CXXVI. An Act to establish free public schools at Ridgefield, in the township of Ridgefield, in the county of Bergen. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That all that part of the township of Ridgefield, bounded and described as follows, viz.: Beginning in the centre of the Dallytown road, where the southerly line of lands of Elizabeth Martling inter- SESSION OF 1876. 281 sects the same, and from thence running westerly along the southerly line of the said Elizabeth Martling's land to the Wolf orook ; from thence southerly along the Wolf brook to the southerly line of lands of Peter Hall ; and from thence westerly along the lands of Peter Hall to the Bergen Turnpike Company's road ; and from thence southerly along the Bergen Turnpike Company's road to the southerly line of lands late of James Cronckright, de- ceased ; and from thence westerly along the line of lands late of James Cronckright, deceased, to the little Ferry farm ; and thence westerly across the same to the Hacken- sack river, to a point where the southerly line of lands late of James Cronckright, deceased, prolonged, would strike the same ; and from thence northerly, easterly and northerly along the Hackensack river and Overpeck creek to the southerly line of lands late of Luke Corrigan, deceased ; and from thence easterly along the southerly line of lands late of Luke Corrigan, deceased, the various courses thereof to the centre of the Dallytown road ; and from thence southerly along the centre of the Dallytown road to the place of beginning; the territory included within the above described boundaries being portions of school districts numbers four and six, and to be known and designated by the corporate name of the " Ridgefield Name. Public School District," in the township of Ridgefield, in the county of Bergen, and state of New Jersey, and that David V. Brower, Nicholas Jacobus and John H. Brinker-Trnsteee. hoflF shall be trustees thereof, to hold office until the annual yearly meeting for the election of trustees under the provisions of the public school law, be held in anno domini eighteen hundred and seventy-five, and that they and their successors are hereby incorporated by the name of "The Trustees of Ridgefield Public School Name. District." 2. And be it enacted, That all children between the ages schools, free, of five and eighteen, residing in said district, shall be taught in the school or schools thereof free of charge, and other children may be taught therein on such terms as said trustees shall prescribe. 3. And be it enacted, That the moneys needed, in ad- Sohooi moneys dition to the funds which shall be apportioned to said tLatioc!^*^ ^^ district or received by said trustees from other sources, to procure land for school purposes, to build, repair or alter 19 282 SPECIAL PUBLIC LAWS. Dalies of as- Bcssor and col- lector. Trustees may borrow money nnd mortgage property. Amount of money bor- row t \, to be a8S€s-ted and collected. school buildings, to procure school furniture or apparatus, to pay insurance, teachers' wages, and all expenses necessary and proper for educational purposes, shall be raised by taxation ; said trustees shall annually deter- mine the amount needed and give two weeks* notice of such determination by notices set up in at least three public places in said district, calling a meeting of the taxable inhabitants of said district, at least fifteen days after the annual election of trustees, and a majority of the taxable inhabitants of said district then present may order any other sum to be raised in lieu of the sum so agreed on, and said trustees or a majority of them shall forthwith certify to the assessor of said township the amount so ordered, or, if none be ordered, the amount so determined, which certificate shall be conclusive as to said amount, and the said assessor shall assess the same on the persons and estates of the inhabitants of said district and all lands liable to be taxed therein, in the same manner as township taxes are assessed, such poll-tax to be two dollars per head ; and the collector of said town- ship shall collect the same at the time and in the same manner as other township moneys are collected, and shall, on or before the twentieth day of December next ensuing said assessment, pay over the same unto the said trustees or to their treasurer, but said moneys so to be raised shall not exceed three thousand dollars per year, except by a two-thirds vote of the taxable inhabitants of said district. 4. And be it enacted, That the said trustees may, from 'time to time, borrow money in anticipation of taxes not exceeding in amount such sum as shall have been certi- fied to the assessor, in manner above provided, and not yet collected ; and it shall be lawful for said trustees to borrow money for educational purposes, and to secure the same by mortgage upon the property of said district, in such sums as they may be authorized to borrow upon mortgage, by vote of a majority of the taxable inhab- itants of said district present at a meeting called for that purpose by said trustees, by notices set up in three public places in said district at least two weeks next preceding said meeting. 5. And be it enacted, That the trustees who are acting in said district, and their successors, shall certify to the assessor of said township the amount required to" pay off SESSION OF 1875. 283 borrowed money secured by mortgage, and the same shall thereupon be assessed and collected by said assessor and collector and paid over as other moneys are directed to be assessed, collected and paid over by section three (3) of this act. 6. And be it enacted, That the annual election for trus- Election of tees shall be held at the same time and in like manner as*™***^®* provided for in the general school law. 7. And be it enacted, That this act is declared a public act, and shall take effect immediately. Approved March 15, 1875. CHAPTER CXXXIII. An Act to facilitate judicial proceedings in the county of Essex. 1. Be it enacted by the Senate and General Assembly o/ salaries of the State of New Jersey, That the salary of the president J"**k®^- judge of the court of common pleas, orphans' court and special and general quarter sessions of the county of Es- sex appointed by the senate and general assembly in joint meeting, shall be seven thousand dollars per an- num, and that the salaries of each of the lay judges of said courts shall be twenty-seven hundred and fifty dol- lars per annum, which salaries shall be in lieu of all fees and per diem now allowed by law, and the fees now allowed by law shall hereafter be paid into the treasury of the county ; said salaries shall be paid monthly by the county collector. 2. And be it enacted, That the prosecutor of the pleas Salary of of the said county shall be paid by the board of chosen Pfg^°"*^'°^ freeholders of said county a salary of six thousand dol- lars per annum, and that the board of chosen freeholders of said county shall pay to said prosecutor the further sum of twenty-five hundred dollars per annum for the services of a competent assistant to said prosecutor, and for the disbursements and necessary expenses of his of- fice; the said salary and allowance shall be in lieu of all 284 SPECIAL PUBLIC LAWS. fees now by law paid to said prosecutor for the convic- tion of oflFenders, and said fees shall be paid into the treasury of said county; the said salary and allowance shall be paid monthly to said prosecutor by the county collector. Repealer. 3. ^u,d be it enactedj That all acts and parts of acts in- consistent with this act are hereby repealed, and this act ^ shall be a public act and shall take effect immediately. Approved March 16, 1875. CHAPTER CXXXIV. A Supplement to an act entitled "An Act appointing Commissioners in School District Number Three, of the township of Westfield, Union county, for the pur- pose of purchasing ground and erecting a school house thereon, etc.," which act was approved March second, one thousand eight hundred and sixty-nine. Preamble. Whereas, the township Committee of the said township of Westfield, in the year one thousand eight hundred and seventy four, failed to provide by taxation as re- quired by said act, for the payment of the bonds is- sued under the authority of said act which became due and payable during that year, and the interest on the outstanding bonds issued under the authority of said act, which interest became due and payable during that year ; now therefore, for remedy thereof. Power of com 1- Be IT ENACTED by the Senate and General Assembly of mittee lo pro- the State of New Jersey, That the said township committee ment of bonds in addition to the power, authority and directions given and interest, them bv Said act, shall have power and authority and l>v t&zfttion *■ ' XT •/ are hereby directed to provide for the payment of the said bonds and the said interest which became due and payable during the year one thousand eight hundred and seventy-four, and of the interest upon the said bonds which became due and payable in that year since their maturity, by taxation in the year one thousand eight SESSION OF 1875. 285 hundred and seventy-five, on the estates of the inhab- itants of said School District Number Three, (by what- ever name or number said district may now be called or designated), and on all lands liable to be taxed therein in the same manner as township taxes are raised, and to apply the money so raised to the payment of said bonds and interest. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 16, 1875. CHAPTER CXXXV. An Act to establish the office of Register of Deeds and Mortgages in the County of Camden. 1. Be it enacted by the Senate and General Assembly o/ Election and the State of New Jersey, That there shall be a register of o<>"?»n^»»'o"^ of deeds and ntortgages in and for tl)e county of Camden, dwds^' ** who shall be elected by the people of the county, and shall hold his oflBce for five years; he shall be commis- sioned by the governor of this state, and his commission shall be issued and bear date on the Tuesday next after the annual election at which he mav be elected. 2. And be it enacted, That the first election for such ^jret election, register of deeds and mortgages, shall be held at the next'^'*®" **®*^" annual election for members of the general assembly ; and the same notice of such election shall be given as is now by law required to be given of the election of the clerk of the court of common pleas of the county, and from time to time thereafter shall be elected in the same manner, as the said clerk is by law now elected. 3. Atid be it enacted, That it shall be the duty of the Duties of said register of deeds and mortgages to record all deeds, ^pster. mortgages, assignments of mortgages, letters of attorney to convey lands, and all instruments of writing relating to the title of real estate, which now are, or may here- after by law be required to be recorded, and to do and 286 SPECIAL PUBLIC LAWS. perform all the duties now by law required of the clerk of the court of common pleas of the county, pertaining to the recording, registering, and indexing of all such deeds, mortgages, assignments of mortgages, letters of attorney to convey lands and instruments of writing relating to the title to real estate in and for the county of Camden. To take oath 4. And be it enacted, That the said register of deeds and ic^ ^^^® ^°^' mortgages shall take and subscribe the same oaths, give the same bonds, enjoy the same rights and privileges, receive the same fees and be subject to the same penalties and liabilities as now are provided by law in case of the clerk of the court of common pleas of the county with reference to the discharge of the duties herein devolved upon the said register of deeds and mortgages. Law8. made 5. And be it enacted. That all the laws of this state now applicable. j^^ forcc, in the case of the clerk of the common pleas of the county of Camden shall apply to the said register of deeds and mortgages, so far forth as the same may be applicable to the business and duties of his said office of register of deeds and mortgages; and the records and transcripts thereof shall have the same force and effect as they now have when made by the clerk of the court of common pleas of the county. Register to 6. And be it enacted, That all the records of deeds, and^ouRtod^ of^^^^S^S^^' assignments of mortgages, letters of attorney record^ ^ to couvcy lands and other instruments of writing relating to the title to real estate, books, papers, deeds, indexes and other things pertaining to the business and duties herein devolved upon the said register of deeds and mortgages which may be in the custody of the clerk of the court of common pleas of the county of Camden at the close of his present term of office, shall be by him at that time placed in the custody of the said register of deeds and mortgages who shall sign a receipt therefor ac- cording to law. Ffeehoidere to 7. And be it enacted, That it shall be the duty of the aocomodationB, board of choscu freeholders of the county of Camden, •^^•- without unnecessary delay, to provide afitand suitable fire proof place within the court house separate and distinct from the office of the clerk of the court of common pleas of the county in which the said register of deeds and mortgages may keep the records and papers of his office, SESSION OF 1875. 287 and to furnish the same with proper book cases and furniture, and provide a seal for the said register of deeds and mortgages which shall be deposited in the office of said register of deeds in the custody of said register, and held in the same manner that the seals of the clerks of the respective counties are now held ; wovided, that said register shall have printed and Proviso, hung up in some conspicuous place in his office a list of all fees he is entitled to charge by law. 8. And be it enacted, That all the necessary books for bounty to the business of said ofBce shall be furnished by the ^^niah books, county and shall be the property of said county, and be pubHc records to which all persons shall have access at all reasonable hours. 9. And he it enacted, That in case any vacancy shall occur vacancy, how in said office it shall be filled in the same manner as is now ^'le^- provided for by law in the case of the office of the clerk of the counties in this state. Approved March 16, 1875. CHAPTER CXXXVI. An Act to fix the salary of the Prosecutor of the Pleas in the county of Sussex. 1. Be it enacted by the Senate and General Assembly o/saiaryof the State of New Jersey, That the salary of the prosecutor Pl^gf"**"' ""^ of the pleas of the county of Sussex, in this state, shall be one thousand dollars per annum, which sum shall be paid to him in quarterly installments, on the first Tues- day of January, April, July, and October, in each year, by the collector of said county, and shall be in lieu of the fees now received by him, and the said fees which said prosecutor is now entitled by law to receive, shall be taxed in all bills of costs the same as are now taxed, and shall be collected by the sheriff^ of said county of Sussex, and be by him paid over to the collector of said county for the use of said county. 288 SPECIAL PUBLIC LAWS. Repealer. 2. And be it enoctedy That all acts and parts of acts in- consistent with the provisions of this act, be and the same are hereby repealed. 3. And be it enacted. Thai this act shall take effect im- mediately. Approved March 16, 1875. Salaiy ef prosecutor of pleas. CHAPTER CXLV. An Act to regulate the salary of the Prosecutor of the Pleas in the county of Bergen. 1. Be it enacted by the Senate and General Assembly oj the State of New Jersey y That the salary of the prosecutor of the pleas for the county of Bergen, shall be fifteen hundred dollars per annum ; which sum shall be paid to him in quarterly installments, by the collector of said county, and shall be in lieu of all fees, costs and com- pensation now received by him, and all fees, costs and compensation that said prosecutor is now entitled by law to receive, shall be taxed in all bills of costs as the same are now taxed, and shall be collected by the sheriff of said county of Bergen, and be by him paid to the collector of said county for the use of said county. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1875. SESSION OF 1875. 280 CHAPTER CXLVI. A Supplement to an act entitled "An Act to revise and amend the charter of the city of Elizabeth," approved March fourth, Anno Domini eighteen hundred and sixty-three, and the several supplements thereto. 1. Be it enacted by the Seriate and General Assembly o/Boodafor the State of New Jersey, That the bonds for the renewal of J^°*j^*JjJjJ ^^ bonds issued in contemplation of the payment of assess- issued! men ts authorized to be issued by the first section of the act entitled "A Supplement to an act entitled *An act to revise and amend the charter of the city of Elizabeth,'" which supplement was approved the twenty-ninth day of March, eignteen hundrea and seventy-one, may be issued by the city council of the city of Elizabeth, at such times, of such amounts, and be known as consolidated improve- ment bonds, and shall be for such length of time, and shall become due and payable at such place or places, and shall be coupon or registered bonds, as the said city council shall by ordinance direct, and they may also by ordinance direct that registered bonds be issued in the Elace of coupon bonds, of said city, now or hereafter to e issued, upon the request of the holders or proposed purchasers of such bonds. 2. And be it enadedy That in all cases where assessments Lands npon upon any lands and real estate in said city remain unpaid, '^hich aaeess- and for the payment thereof no bond has been given, S^n^pafd^™^^^^ and the time for giving the bond required by law has»nan^re-' expired, or where any lands or real estate have been sold ©« may pay* by the said city for unpaid assessments, and not redeemed <'<>»♦« »»°^®*" according to law, or where the time for redemption thereof Sell ver a^bond. has not expired and the certificate of sale therefor has not been assigned by said city, the owner or owners of such lands and real estate may, on or before the six months from the date of approval of this act, pay the costs and expenses which may have accrued by reason of the non-payment of such assessments, and also interest 290 SPECIAL PUBLIC LAWS. on the amount of such assessments at the rate of eight per cent, per annum, calculated from the date of the ratification of said assessments by the city council, and execute and deliver a bond or bonds to the city of Eliza- beth, conditioned for the payment of the principal of said unpaid assessments in ten years from the date of said bond or bonds, by paying one-tenth part of the principal of said bond or bonds, in each and every year with interest upon the same, at the rate of eiglit per cent.. Eer annum, payable semi-annually, and in every such ond or bonds hereafter given, there shall be contained a condition that should any installment of the principal or interest of said bond or bonds remain due and unpaid for the space of three months after the same becomes due, then the whole principal sum of said bond or bonds, with the accrued interest thereon, shall immediately become due and payable, and should said bond or bonds become Lands and real due, the land and real estate so assessed maybe sold e«jft»® n;»ay ^^ under the provisions of the charter of said city, for the ' " payment of the whole principal and interest of said bond or bonds, with the costs and expenses of said sale, and whenever any installment on the principal of any bond hereafter to be given for the payment of any assessments shall become due and remain unpaid, the comptroller shall, if the city council shall direct, at his option, bring an action at law in the name of said city, against the parties executing said bond, or their legal representative, for the recovery of the amount due upon the said bond, together with the costs of such proceedings, in any court of competent jurisdiction. Assessment 3. And be it eiiaded, That the bond or bonds now given bonds, may be^y the owucr or owners of any land and real estate, and exciange . ^^^^^ \\q\^ by the said city, may be exchanged for the bonds provided for by the second section of this act, and the owuier or owners executing such bonds shall be liable in all .things to the provisions of said section in relation to Proviso. said bonds ; provided, such exchange of bonds shall be made on or before the expiration of six months from the date of the passage of this act, and the owner or owners of land liable for the payment of any assessments to be hereafter levied for any improvement commenced at any time before the passage of this act, may also execute and deliver the bond or bonds provided for by the second SESSION OF 1875. 291 section of this act, and the owner or owners executing such bonds shall be liable in all things to the provisions of said section in relation to such boilds; prov^ided, such Proviso, bond or bonds shall be executed and delivered within sixty days from and after the ratification of such last mentioned assessments, or any of them. 4. And be it enacted^ That in any casein which the said Sale of lands city has or shall become the owner of any lands and real ^^xy^^ ^^ ^**^ estate, by virtue of a declaration of sale thereof duly re- corded, the said lands and real estate may be sold by said city at any time after the recording of such declara- tion of sale to such persons or corporations, for such price and in such manner as the city council and com- missioners of the sinking fund of the city of Elizabeth shall, by a resolution of a majority of all the members thereof, respectively determine, and the conveyance of the land and real estate so sold, as aforesaid, by the said city shall vest in the purchaser or purchasers thert^of the same estate in said lands and real estate as was vested in said city by virtue of the declaration of sale thereof 5. And be it enacted^ That any person who has hereto- When assess- fore paid, or who shall hereafter pay any assessment, or ^^x^iorre^ who has given or shall hereafter give bond for the same, duoed, persons shall, in case such assessment shall be set aside, altered dTmandexcess. or reduced in amount by any court of this state, or any other lawful authority, be entitled to the same relief as if he, she or they had not so paid or given such bond, and in case any such person shall have made any payment or payments, or account of such assessments, exceeding the amount which shall be adjudged to be justly due on such account, it shall be lawful for such person to claim and receive from the city such excess, witn interest from the time of payment of the same. 6. And be it enactedy That from and after the passage Penalties for of this act the penalties to be exacted and collected for2',°e?.*^"^°*''^ the non-payment of taxes hereafter to be levied shall be at the rate of one per centum per month, and not two per centum a month, as heretofore. 7. And be it enacted^ That the members of the city Compensation council of said city of Elizabeth shall each receive an ""^ ^'^^""^"'"en- annual salary of five hundred dollars, to be paid in the same manner as the salaries of other officers of said city are paid. 292 SPECIAL PUBLIC LAWS. alter, dec, streets, fto Pro viae. Repealer. Power of conn- 8. And be it enocted, That the city council shall have Uon*of"per-*^* power, Oil the written application of any person affected sons, to vacate, thereby, by resolution, to vacate, alter, revise, and amend any street or avenue, and the lines thereof, as established by the commissioners heretofore appointed by an act en- titled " An Act appointing commissioners to lay out streets, squares, ana avenues in the city of Elizabeth," approved March thirteenth, eighteen hundred and sixty- seven : provided, such street or avenue has not yet been opened. 9. And be it enacted That all acts and parts of acts in- consistent with the pi^visions of this act, be and the same are hereby repealed; that this act shall be deemed and taken to be a public act, and shall take effect im- mediately. Approved March 17, 1875. CHAPTER CXLVII. A Supplement to an act entitled " An Act constituting a Public Road Board, for the laying out, constructing, appropriating, improving and maintaining public car- riage roads, in the county of Essex," approved March thirty-first, one thousand eight hundred and sixty- nine. Appraisement 1. Be IT ENACTED by the Senate and General Assembly of ^riid?i"\n^ ' ber one; easterly by the Jersey City and Albany railroad, southerly by the township line, and westerly by the Hackensack river; district number three shall be bounded oiBtnot nam- as follows: northerly by line of lands of Cornelius J. ber three. Westervelt and Peter P. Christie and Isaac Dixon, to the Scraalenburgh public road ; thence across said road to the northerly side of Hickory avenue; thence along said northerly side of said Hickory avenue in a straight line to Tenakill ; thence north along said Tenakill to the dis- trict school line; thence along said district school line to the westerly side of the Northern railroad of New Jersey ; thence south along said railroad to the township line ; thence west along said township line to the Jersey City and Albany railroad; thence north along said road to the place of beginning; district number four shall be DUtrict num- bounded as follows : North by the township line, easterly ^^ ^'^°'" by the Northern railroad of New Jersey, southerly by the northerly line of district number three and westerly by the Jersey City and Albany railroad ; district n umber District nam- five shall be bounded as follows : North by the township *>«' a^®- line, easterly by the Hudson river, southerly by the dis- trict school line and westerly by the Northern railroad of New Jersey ; district number six shall be bounded as fol- District num- lows: North by the south line of district number five, *'""**' easterly by the Hudson river, southerly by the township line and westerly by the Northern railroad of New Jersey. 3, And be it enadedy That the office of overseer of the office highways in the township of Palisades shall continue ^^^^^^'^^^ abolished, and that the commissioners hereinafter pro- vided for shall, within the limits of the district to which he shall from time to time be elected, have the same powers, perform the same duties, and be subject to the same obligations and penalties as overseers of other 312 SPECIAL PUBLIC LAWS. Powers and duties of com- missioners. Election of commission- erb, ftnd term of office. townships in this state now have, perform, or are subject to within and for the said township; and they shall be a board of commissioners hereby created, and shall be known as the public road board of the township of Palisades, and they shall, in addition to other powers and duties conferred and enjoined by this act, have the same powers, perform the same duties and be subject to the same obligations and penalties as the township com- mittee of said township now have, perform or are subject to in relation to the public highways ; and in addition thereto shall have a general and exclusive supervision, control and management of the public highways in said township, and of the repair and regulation ; and they shall from time to time prescribe by the vote of a majority of said board the manner in which the said public high- ways shall be repaired, kept in order and regulated, and the time when the same shall be worked and repaired, but no general repair shall be made after the first day of October in each year. 4. And be it enacted, That the township committee of the township of Palisades shall, at such time in the month of March, eighteen hundred and seventy-five, as they shall decide upon after the passage of this act, and at such place in eacn district as they shall select, call an assembly of the legal voters of said township, who are freeholders in the said districts, upon not less than five days' notice, by handbills posted in at least three con- spicuous places in the said several road districts, and the said township committee shall appoint the present road commissioners of said township, or other suitable persons, (freeholders in the district), to preside at such district meetings, and the said freeholders so assembled shall proceed to nominate and elect, by ballot, commissioners for the several road districts herein before named, and who shall hold their office for the term of one year from the first day of April next ensuing ; and said commis- sioners so elected shall be freeholders and reside in the district for which they are elected, and their successors in office shall be subject to like qualifications, and shall be elected by ballot by the freeholders in their several districts, at the annual meeting called by the commis- sioners pursuant to section six of this act, and hold their office for one year from the first day of April in each and SESSION OF 1875. 313 every year ; said election shall be held at the meeting next preceding the expiration of the term of office of the then commissioner, and said commissioner shall preside at such assembly, and a majority of the qualified voters present shall be required to give validity to a decision, vote or election, and a minute or record of the proceedings of said meeting shall be made and certified Dy said commissioner, as required by section seven of this act ; and if any vacancies shall occur in said board, whether by death, resignation, removal or other cause, then the president of said road board shall forthwith call a meeting upon due notice of the qualified voters, free- holders of the district, and shall preside at said meeting, and they shall elect by ballot other commissioners, who shall hold their office for the unexpired term. 5. A7id be it enacted, That the said commissioners, or a sie* ting of majority of them, shall assemble at such place as a ^*^'""^*"*®°* majority of them shall designate, in the township of® Palisades, on the first Monday in April, eighteen hundred and seventy -five (and yearly thereafter) and proceed to the organization of said board by the election of a president, and such other officers as they shall see fit; and each commissioner, before he enters upon his term of office, shall take an oath or affirmation before one of the judges of the court of common pleas of the county of Bergen, faithfully, fairly and impartially to exercise and perform the duties of said office ; and which oath or affirmation shall within five days after making the same, be filed by the said judge in the office of the clerk of the county of Bergen ; the said commissioners shall on the last Monday in March in each year submit a statement. To submit under oath or affirmation, to the township committee of JiJ^nevrie-^^ all moneys received and expended bj'' them during the reived, and ex- year, and for what purposes so expended, with vouchers ^"^®^' for all moneys so paid; the said township committee shall carefully examine the same, and if found correct, file them among other records of the township ; a state- ment shall also be made in like manner and submitted to said board of commissioners, to be by them examined and published for one week in a newspaper printed and published in the county of Bergen. 6. And be it hereby enacted^ That the said board of com- missioners shall, between the tenth and twenty-fifth day 21 314 SPECIAL PUBLIC LAWS. Meetiof^ of of March in each year, call an assembly in each district mo^n™ *f '^"^ ^^ *^^ legal voters of the said township, who are free- pairing aiiT holders in the said district, at such convenient place wavB^'&c^**^^ in said district as the said board shall deem proper, upon ten days' notice by a printed handbill, or a handbill partly printed and partly written, to be posted conspicu- ously in at least five public places in said district, at which assembly the commissioner of said district shall preside, and the said freeholders so assembled shall have the powers and authority in relation to the voting and raising money for making, maintaining, w^orking and repairing the public highways within such district as the inhabitants of the other townships now have in relation to the roads and highways therein when as- sembled in town meeting; and they and their property shall be in all respects liable for the same, in like manner as the inhabitants of th^ said township and their property are now liable in respect of the roads therein ; provided, Proviso. lY^Q^ iij making assessments for the purposes mentioned in this act, no deductions shall be made for debts owing by the owners of real estate assessed, or for any mortgages Proviso. thereon ; and provided, that each of the said districts respectively shall make, maintain and keep in repair, under the direction of the said board, the public highw^ays within their respective limits, in the same manner, to the extent of each district respectively, as the said township now is authorized and required to make, maintain and keep in repair the highways within its limits ; and Proviso. provided further, that all moneys so voted and raised by any district shall be applied by the said board to het use of the public highways in such district, and not in any other aistrict. Tax voted to 7. And be it enacted, That the said assembly shall be »fc?e?sed*and^ couductcd according to such general rules as the said collected, and board may from time to time prescribe, and shall decide, *PP *® • vote and appropriate such sum or sums as they shall deem necessary or proper for the use of the public highways in the district, and the tax so voted shall be assessed by the township assessor, and collected by the township collector in the manner provided by law for the assessment and collection of taxes in said township, and shall be paid over by the officer or officers to the president of the said board, to be by the said board i SESSION OF 1875. 315 applied to the purposes of this act ; said assembly shall be convened at five o'clock in the afternoon, and no decision, vote or appropriation shall be valid unless at least ten freeholders of said district shall be present and take part therein; and if ten freeholders of said district are not present on the day appointed as aforesaid, the said commissioners shall adjourn the said meeting from day to day until the said number of freeholders are present, and a majority of those present shall be required to give validity to a decision, vote or appropriation ; that a minute of the proceedings of said meeting shall be made by the commissioner of the district, to be entered on the book of minutes, which record shall specify the names of at least ten freeholders present at the said assembly. 8. And be it enadedy That the said board may accept. Upon appUca- upon the application of twelve freeholders of any road hoidewf^oard district, in writing, all lands to be dedicated for a public may accept park within the limits of said township, and provide for f^" a park.Ve. their regulation and repair ; and that the said application, when made, shall be accompanied by a map of the same, which map and application may be presented to the same board at any of its meetings, and shall, when so presented, be placed in the care of the president of the said board and be open to inspection at all reasonable hours ; and that thereupon, if the majority of said board shall deem it expedient to receive the same for public use, they shall cause a printed notice to be posted in not less than five of the most public places in said district, stating that the map and application are, and may be seen, at the residence of the said president, and calling a meeting of the freeholders of the district at a time and place specified in said notice, according to the sixth and seventh sections of this act; and if the freeholders of such district in the said meeting assembled shall decide to have the park for public use, then the said commis- sioners shall assess the property in the said district as in their judgment benefited thereby, so as to raise a suffi- cient sum and regulate the same for public use and to pay the expenses of these proceedings ; and the said board shall not in any year spend more money in keeping in order any park for public use in the said district than the sum or sums which may be voted for this special 316 SPECIAL PUBLIC LAWS. Power of board to lay out, open, alter, »". 326 SPECIAL PUBLIC LAWS. held for members of the general assembly in said county in the year eighteen hundred and seventy-five, and every second year thereafter in like manner, and the result be ascertained and determined in the same way, the person receiving the highest number of votes in the whole county of Hudson for the office of director at large shall Term of office be the director at large and he shall hold his office for two years, and until his successor in office shall be chosen vj^cy, how and qualified; any vacancy in his office shall be filled by the board for the unexpired term of his said office; Director at and the terms of the said freeholders so chosen shall oYfre^oideipsr commcucc ou the Tuesday next after the first Monday in when to com- May ucxt after their election ; and the term of said di- inence. rector at large shall commence on the third Tuesday of November, and his term as director shall continue not- withstanding any change in the members of said board of chosen freeholders. Saiarieeof 3. And be it eruided., That the said members of the freeholders, board of chosen freeholders shall receive, as a salary and compensation for their services as members of said board, the sum of five hundred dollars each per annum, and Salary of di- the director shall receive the sum of one thousand dol- rector. |^j.g p^j. annum, such salaries to be paid out of the county treasury by the county collector in equal quarter-yearly Eayments, as the same become due, and sucii salary shall e in lieu of any per diem heretofore allowed, and in lieu of all other fees, for committees or otherwise, per- quisites, carriage hire, or traveling expenses or personal entertainment whatever, and no other compensation shall be allowed, given or paid to any of said members or the director for any services or expenses whatever, and be- Directorand forc taking his office each freeholder and the director ^'^bonda' *^ ^l^^tcd Under this act shall give a bond for the faithful ^ ^ ' performance of his duty, each freeholder in the sum of ten thousand dollars, and the director of the board in the sum of twenty thousand dollars, with two good and suf- ficient sureties, to be approved by a justice of the supreme court; the director of said board and each of the choFen freeholders shall, before they enter upon the duties of To take oath, their office, take and subscribe an official oath to faith- fully, impartially and justly perform all the duties of their office according to the best of their understanding and ability; this oath shall be taken before a justice of SESSION OF 1875. 327 the supreme court, and filed in the office of the clerk of the county of Hudson. 4. And be it enacted, That all general laws relating to Law« made the board of chosen freeholders, and also all special or "PP**°****®- private laws relating to the board of chosen freeholders of the county of Hudson, and consistent with this act, shall apply to the board of chosen freeholders of Hudson county, directed to be elected by this act. 5. Aiid be it enacted. That in the election of freeholders Election laws, by this act to be selected, the laws which govern the Sie. ^ *^^ *^*^ elections of members of the general assembly shall, so far as practicable, be applied to and govern the election of freeholders under this act, and that for the purposes of the election under this act, there shall be constituted, at the election of said freeholders, a board of county can- County can- vassers, constituted in the same manner, as provided for^**^" by an act entitled "An Act to regulate elections," ap- proved April sixteenth, eighteen hundred and forty-six, and the supplements thereto, and such act and supple- ment, so far as practicable, shall govern the election under this act, in the manner of holding and conducting said election, and the canvassing the result thereof, and in the duties and the manner of the performance of the duties of the said board of county canvassers in canvass- ing the election of chosen freeholders under this act. 6. And be it enacted, That the board of election in ju^^es of eieo- each township, town, ward, precinct or election district t>on,.to attend of said county in any such election, shall appoint one of S>^nty^ ** can- the judges of election in such township, town, ward,^"*^™ precinct or election district, to attend the meeting of the said board of county canvassers for such election provided for by this act, as a member thereof, and shall deliver to the judge, who shall have been so appointed, an original statement of the result of such election in said township, statement to town, ward or precinct, or election district, which shall ^® ^®*'^®'®*^- have been made, certified and subscribed, as provided for by the said act, entitled "An Act to regulate elections," approved April sixteenth, eighteen hundred and forty- six ; and it shall be the duty of the judges of election, who shall have been so appointed, to attend the meeting of the board of county canvassers for such election under this act. 328 SPECIAL PUBLIC LAWS. Time of meet- ing of board of coynty cauvas- seiiB. Person receiv- ing hiji^best number of votes, to be declared elec- ted. In case of a tie vote, how elected. Statement of result of elec- tion, to be filed in office of county cleik. Residences of freeholders in the sixth dis- trict Kesidences of freeholders in the eighth dis- trict. 7. And be it enacted, That such board of canvassers shall meet on the Tuesday next after the election for chosen freeholders, as provided for by this act, at twelve oVlock, noon, of that day, at the court house of the said county of Hudson, and at that hour, without any dela}', the members then present shall proceed to organize and proceed to canvass in the same manner, take the same oaths, and have the same oflBcers, as the board of county canvassers, under the said act, entitled "An Act to regu- late elections," approved April sixteenth, eighteen hundred and forty-six, which said act, in these particulars, is hereby made applicable to the elections under this act; the person in each assembly district receiving the highest number of votes in that district for the office of chosen freeholder shall be thechosenfreeholder from that assembly district; in any case of a tie vote for director or any chosen free- holder there shall be deemed a vacancy in such office, and the members of the board of chosen freeholders, who shall have been duly elected at such election, shall, by a majority vote, elect a person to fill such vacancy for the term of such office. 8. And be it enacted. That such board of canvassers shall, immediately after their canvass is concluded, de- liver a statement of the result of such election, as directed by the sixty-eighth section of an act entitled "An Act to regulate elections," to the clerk of the county of Hudson, who shall forthwith file the same in his office as an official paper, a certified copy of which statement, signed by the clerk of the county under his official seal, shall be prima facie evidence of the election of the persons therein named, as receiving the highest number of votes as afore- said, to the offices of chosen freeholders of said county of Hudson and entitle them to their seats in said board of chosen freeholders as chosen freeholders as aforesaid. 9. And be it enacted, That in the sixth assembly district one of the said two members from said district shall be a resident of the city of Bayonne, in said district, and the other one of said two members from said district shall be a resident of the remaining portion of said sixth assembly district; that in the eighth assembly district one of said members from said district shall be a resident of that portion of the district lying between the Hack- ensack and Passaic rivers, and the other one of said two SESSION OF 1875. 329 members from said district shall reside in the remaining portion of said district; in all cases both of the members from any district shall be voted for in said district at large, but shall be a resident of the portion of the district from which he is chosen, one year, at least, prior to his election. 10. And be it enacted, That the said board provided for power and du- by this act and its successors shall have power to appoint *if"<>f*5>*'<^<>^ such otncers, agents and employees as may be required to holders, do the business of said county, and fix their compensa- tion and term of service; no person shall be appointed by said board to any office or position in said county, or be employed, unless he is a citizen of the state of New Jersey for at least one year prior to his appointment, nor unless by the aflirmative vote of at least a majority of all the members of said board, at a regular stated meet- ing of said board, and that such appointment or em- Sloyment shall be approved by the director, or acting irectorof said board, in writing; and in all cases where Application for any application shall be made by any person to said J^^^*"!™®^*' board for the appointment to any oflice or position, or ^ for any employment in said county, such application shall be signed by the person applying for such office or position or employment, and shall set forth the residence and occupation, or late occupation of the applicant, and such application shall be signed by at least three free- holders, residents in said county; and the member of said board who shall hand in and present said applica- tion shall endorse thereon words to the effect that the Application to same is handed in and presented by him, and lie shall ^®"^®"^* diite the same and sign his name thereunder ; and no ap- plication for the appointment to any office or position m said county, or for any employment, shall be entertained by said board, which does not in all respects comply with and conform to all these provisions; and at tne time Salary or com- of such appointment or employment, the said board Eo"fixed by^ shall, by resolution, fix the rate of salary or compensa- resolution, tion for said appointee or employee, and such salary or compensation shall be fixed by at least a majority vote of all tne members of said board ; and no appointee of said board having a salary or compensation affixed for his services, shall be eligible to or receive any other appoint- ment or any employment from said board during his 22 330 SPECIAL PUBLIC LAWS. Matoriale and labor, to be given out by contract. Proposale, to be pablisbed. Contracta to be given to the loweat bidder. Powers and aathority of boa I'd of free- holdera. l^awB m^e applicable. Bepedler. said term of office or appointment; which salary or com- pensation shall not be increased during the term of such appointment, or during such employment 11. And be it enacted, That all materials to be furnished or labor to be performed in, on, upon or about any of the institutions or places under the supervision of saia board, exceeding in amount one thousand dollars, shall be given out by contract ; and proposals for any such con- tract, labor, work or materials shall be published for two weeks in at least two of the newspapers of said county to be selected by said board ; and no contract shall be awarded or given to any person except at a regular stated meeting of said board, and such contract or con- tracts shall be given only to the lowest bidder, who shall furnish sufficient security for the performance of the same, such security to be also approved by the board. 12. And he it enacted, That tne board of chosen free- holders of the county of Hudson, as elected and organ- ized under this act, shall be vested with all the powers and authority, rights, privileges and duties as are now vested in and imposed upon the present board of chosen freeholders in said county, and that all laws and parts of laws, statutes and parts of statutes now in force and in anywise applicable to the board of chosen freeholders of the said county of Hudson, either public or private, general or special, be and the same hereby are, in all respects and provisions, continued in full force and are made applicable to the board of chosen freeholders elected in accordance with the provisions of this act, except so far as the same may conflict with or be inconsistent with the provisions of this act. 13. And be it enacted, That all acts or parts of acts inconsistent with this act are hereby repealed. 14. And be it enacted, That this act shall be deemed a public act, and take effect immediately. Approved March 23, 1875. SESSION OF 1875. 331 CHAPTER CXC. An Act to legalize the election for city officers held in the city of Cape May, on the ninth day of March, eighteen hundred and seventy-five. 1. Be it enacted by the Senate and General Assembly o/ Words, how the State of New Jersey, That the words " the eighth day ^°»^^- of March next," in the ninety-second section of the act entitled "An Act to revise the charter of the city of Cape May," approved March third, eighteen hundred and seventy-five, shall be construed to be the eighth day of March, eighteen hundred and seventy-five, and shall be so construed in all the courts of this state. 2. And be it enacted, That the election held in saidKieetion lefrai city of Cape May, on the ninth day of March, eighteen J5^*^J,f^^ hundred and seventy-five, is hereby legalized and de- clared valid, and the officers elected at such election are hereby declared to be the officers of such city, for the respective terms for which they were so elected. 3. And be it enacted, That this act shall take effect im- mediately. Approved March 24, 1875. CHAPTER CXCI. An Act to dedicate certain lands of the state of New Jersey in the city of Trenton for a public street. Whereas, it is desirable that a street called Lincoln preamble, avenue, in the city of Trenton, should be extended across the Assanpink creek ; and whereas, such extension would be advantageous to the property of the state of New Jersey appropriated for the use of tne State Normal 332 SPECIAL PUBLIC LAWS. Lands dedica- ted. Proviso. City to curb and pave. Act, when to take effect. School ; and whereas, it is essential to the proper exten- sion of said street that a certain portion of the land of the state of New Jersey should be used for the purposes of a public street ; therefore, 1. Be it enacted by the Senate and General Assembly of the StaJte of New Jersey, That the tract of land at the junction of Clinton with Perry street, bounding and described as follows, viz. : beginning at a point on the Tvesterly side of Clinton street, in a line with the southerly side of Lincoln avenue, projected westward and running thence as a projected line of the southerly side of said Lincoln avenue, in a westerly direction a distance of about eighty-eight feet until the said line strikes the southerly side of Perry street ; thence along the southerly side of Perry street in an easterly direction a distance of about one hundred and fifteen feet to the westerly side of Clinton street, and thence along the westerly side of Clinton street a distance of about seventy-four feet and nine inches to the place of beginning ; be and the same is hereby dedicated to the use of the public for the pur- pose of a public street, to be used as a part of Perry street in the city of Trenton ; provided, that in case any part of Perry street now opened and used as a public street, opposite or in front of the land hereby dedicated, shall ever be vacated by the inhabitants of the city of Trenton, or the same shall be permitted to be and remain enclosed or used for any purpose other than that of a public street to the full width of Perry street, as now used, together with the land hereby dedicated, then the state of New Jersey, its officers or agents may re-enter upon, enclose and resume the possession of the land hereby dedicated. 2. And be it eriaded, That the inhabitants of the city of Trenton shall remove the fences and curb and pave the sidewalks rendered necessary by this dedication at their own expense, and they shall have the privilege of using the portion of the fencing, curbing and paving materials removed, necessary for such re-fencing, re-paving and re- curbing, but the remainder of such material shall be delivered to the board of trustees of the state normal school for the use of said school. 3. And be it enacted, That this act shall not take eflTect until Lincoln avenue is extended to the Assanpink creek and a bridge is constructed across said creek to connect SESSION OF 1875. 333 with a street on the opposite side of said creek ; and the evidence of such extension and construction shall be a certificate signed by the governor and the attorney general of the state of New Jersey, and filed in the office of the secretary of state, which certificate shall certify that said Lincoln avenue has been extended and the bridge across the Assanpink creek constructed according to the condition of this act. 4. And be it enacted, That if Lincoln avenue is not Act, wheD to opened to connect with a street beyond the Assanpink *'®^'^*^* creek and the bridge across the Assanpink creek con- structed within five years, then this act shall be void. 5. A ad be it enacted, That this act shall take effect im- mediately. Approved March 24, 1875. CHAPTER CXCIL An Act to repeal an act entitled "An Act to authorize the township of Brick, in the county of Ocean, to vote by ballot," approved March eighth, one thousand eight hundred and seventv. 1. Be IT ENACTED by the Senate and General Assembly o/ Repealer. the State of New Jersey, That the act entitled "An Act to authorize the township of Brick, in the county of Ocean, to vote by ballot," approved March eighth, one thousand eight hundred and seventy, be and the same is hereby repealed. 2. And be it enacted, That the act entitled "An Act ih^Aot revised in corporating the inhabitants of townships, designating '°^°****p- their powers and regulating their meetings," revision, approved April fourteenth, eighteen hundred and forty- six, and the several supplements thereto, be and the same are hereby revived and declared to be in full force and eflfect, in the said township of Brick, the same as if the act hereby repealed had not been passed. 334 SPECIAL PUBLIC LAWS. 3. And be it enadedy That this act shall be deemed public act and take effect immediately. Approved March 24, 1875. a Creates! a borougb. Boundaiiee CHAPTER CXCIII. An Act to incorporate the Borough of Haddonfield, Cam- den county, New Jersey. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the village of Haddonfield, in the county of Camden, shall be and the same is here- by created into a borough, which shall be called " The Borough of Haddonfield," and shall be bounded and limited as follows, to wit: Beginning at the southeasterly comer of the farm of Isaac H. Wood, on the road lead- ing from Haddonfield to Sto3''s Landing ; thence along the southerly line of said farm to the Haddonfield and Camden turnpike ; thence to the northerly line of land late of Charles F. Redman; thence along said line and of land of Charles William Tumley, to the southerly line of the farm of John Redman; thence along the southerly line of said farm, and a line in direct continu- ation thereof, to the southwesterly line of land of William S. Doughten ; thence along said line southeastwardly to the main street of said village; thence crossing said main street to a corner of land of David Roe, nearly opposite; thence along the southerly line of land of David Roe to Chew's Landing road ; thence following the easterly edge of said road, and land of David Roe, to a point produced of the southerly line of land of Mrs. L. C. Taylor (on the Snow Hill road); thence crossing land of David Roe, and along the southerly line of said L. C. Taylor to Snow Hill road ; thence crossing said road eastwardly, and fol- lowing lines of lands of William Massey and David Roe, to the line of land of Theophilus Riley; thence follow- ing lines of the land of said Riley, northwardly and eastwardly, to Cooper's creek ; thence along the easterly SESSION OF 1875. 355 margin of said creek to a point opposite the line divid- ing the lands of William Mann and John Hopkin's ; thence crossing said creek and following said dividing line to Hopkin's Pond ; thence along the northerly edge of said pond, and the water course feeding the same, to the road leading from Haddonfield to Stoy's Landing ; thence crossing said road to the place of beginning. 2. And be it en^ided, That the first election after the Time of bold- passage of, and pursuant to this act, shall be held on the *°* ® ®^***'°"* first Tuesday of April next, at the town hall, at Haddon- field, and all subsequent elections for officers of this borough, on the second Tuesday in April of each year ; and at each election there shall oe chosen, by ballot, five of the taxable inhabitants of said borough to be called ^^^ *® ^ commissioners of streets, and three other of the taxable ^ ^^ inhabitants of said borough to be called commissioners " of appeal, all of whom shall b« residents of said borough and hold their offices for one year; which said street commissioners of streets so elected shall meet at the town hall aforesaid on the Tuesday following their election, and appoint a clerk to be called a " borough clerk ; " pro- Proviso. vided, that the first election to be held under this act shall be held by a judge, clerk, and two inspectors, to be chosen by the legal voters present at the opening of said election by the constable of the township of Haddon, whose duty it shall be, at least eight days before the first Tuesday in April, the day appointed for the holding of the first election, to give public notice, by six or more printed or written advertisements, affixed to as many of the most public places within the limits of the said borough, of the time and place of holding such election; and the said constable is hereby required and directed to attend at the said town hall, in Haddonfield, on the first Tuesday in April next, at the hour of seven o'clock in the morning of said day, and open said election. S.^And be it enacted^ That the poll of all elections shall EieoUoM. how be opened and closed in accordance with the state election conducted, laws of the state of New Jersey, and the same qualifica- tions shall be required to entitle a person to vote, as are or may be required at the townsnip elections in this state, and the name of each person voting at such election, shall be written in a poll list by the borough clerk, who shall be clerk of election, and after the polls shall be 336 SPECIAL PUBLIC LAWS. closed, the judges or inspectors shall count the votes given for the several candidates, and certify the result under their hands and seals, and deliver such certificate to the borough clerk, who shall file and preserve the same among the records and papers of the corpora- tion, and shall also, within five days thereafter, file a true copy of such certificate in the office of the clerk of the county of Camden, and shall give notice of the result of said election, as riequired of clerks of townships, and the Sersons having the greatest number of votes, shall be eemed to be elected to the office for which they shall be voted for respectively, who shall respectively hold their offices as herein provided for in section two, of this act, and until others are elected and sworn into office. Powers and 4. And be it enactcd, That the said officers shall have cere^ ^^ ^^ ^^^ same power, take the same obligations, perform the same duties, be subject to the same penalties, as are now or maj' hereafter be provided for like officers in town- ships in this state, and in case of death, resignation, inability, disqualification, neglect or refusal to act, or removal out of the borough, of any of the officers thereof, it shall be lawful for the said borough clerk, by request of the said commissioners of streets, or a majority of them, in writing, to give notice as hereinbefore provided of an election to fill said vacancy ; and shall perform the like services, and in like manner, in view of the annual election before named. Meeting of 5. And be it enacted, That the said commissioners of ofThwts^"^" streets shall be summoned and their meetings held at such time and place in said borough as they may ap- point ; they shall elect one of their own number as president, who shall preside at the meetings, and have a casting vote only, and a majority of the whole number of members shall be a quorum to transact business; they shall adopt rules for their own government, not in- consistent with this act, the constitution of this state, or of the United States. Power to pasB 6. And be it enacted, That it shall be lawful for a ordinancee. majority of the commissioners of streets aforesaid, to pass ordinances for lighting the public streets ; for requiring owners of lots to grade and keep in good order the sidewall^ in front of the same, the said commissioners to regulate said grade ; for preventing and suppressing of fires ; for SESSION OF 1875. 337 appointing any special constables they may deem neces- sary for maintaining public order, and prescribing their powers and duties ; and shall have authority to exercise General all such powers as are now, or may hereafter, by law, be p*''^®"- vested in township committees in this state, and the citizens of said borough shall possess like powers as are now, or may, hereafter, by law, be vested in the citizens of the township of Haddon ; and the said commissioners of streets shall have power to enforce the observance of all ordinances, by prescribing a forfeiture, (or penalty,) not exceeding fifty dollars, to be recoverable by action of debt, with costs, in any court of record in said borough, in the name of the "Borough of Haddonfield," for the use of said borough ; all said ordinances shall be caused Ordinances to to be published by printed or written handbills, put &c.^***^***^®^* up in ten of the most public places in said borough, by the borough clerk thereof, for at least ten days before said ordinances shall go into effect, and no ordinance shall be enacted or passed by the said commissioners of streets, unless the same shall have been introduced at a previous meeting. 7. And be it enadedy That the legal voters of said bor- Voters to name ough shall, by a majority vote, name the sum of money money \o be to be assessed upon the taxable property within said bor- rais^. ough for such purposes, which sum shall not be less than one thousiind dollars, nor more than fifteen hundred dollars annually, which said vote shall be ascertained at a public meeting to be called in the manner hereinbefore directed. 8. And be it enacted, That it shall be lawful for the said Compensation commissioners of streets, to pay the clerk and speciaP^*^®*^ **^ constables, and other officers and agents of said borough, such compensation for their services as they may deem reasonable and proper ; but shall not receive any com- pensation for their own services. 9. And be it enacted. That the clerk of said borough Duties of shall keep, file, and when necessary, record all official*®''*'' papers belonging to the same ; he shall attend all meet- ings of the commissioners and inhabitants of said borough, and keep accurate minutes of the proceedings thereof; he shall give lawful notice of all such meetings, and of annual and special elections ; he shall record in a proper book, to be provided for that purpose, all ordi- 338 SPECIAL PUBLIC LAWS. nances passed by said commissioner of streets, and duly certify the same ; and shall perform such other duties as the commissioner of streets of said borough may from time to time prescribe. Mon«y8« how 10. And be it enacted^ That the money so ordered to be ceiiected!*" raised shall be assessed and collected by the assessor and collector of the township of Haddon, by a separate and distinct assessment, in the same manner and for the same compensation as other taxes are assessed and collected, which sum shall be paid by the said collector upon an order signed by the said commissioners of streets or a majority of them. CommWon- H. ATid be U eucLcted, That if any person in said borough, ere of appeal. ^^ having taxable property therein, shall deem themselves aggrieved by said assessment, may appeal to the commis- sioners of appeals elected as aforesaid, and the said com- missioners of appeals shall be governed by the law^s of the state of New Jersey regulating like duties in appeals from the assessments of taxes for state, county or town- ship taxes. Offioere to act, 12. And be it enacted, That in case it shall so happen eiect^*!**" ^^ ^y ^^y means, that the annual election hereinbefore pro- vided for, shall not be held at the time designated there- for as aforesaid, then tfie oflBcers of the said borough for the preceding year shall continue to exercise their several offices, powers and authorities until an election shall be duly held ; and it shall be the duty of the commissioners of streets, aforesaid, forthwith to appoint another day for Special eieo- a Special election for officers of the said borough, of which tioD, how held, ii^^q the borough cl^rk shall give ten days* notice as afore said, and which shall be conducted in all respects in the manner prescribed hereinbefore for annual elections. Borough Bub- 13. And be it enacted. That the said borough shall be SoDof^deSte'^ subject to its just and eauitable proportion of all debts and liabiiitiee, and liabilities to which the inhabitants of the township ^' of Haddon, in the county of Camden, are subject at the time this act shall take effect, and be assessed with and entitled to its proportion of taxes so raised for township purposes, school money, and other property belonging to tlie inhabitants of si;id township at the time aforesaid, and that nothing in this act shall be construed to separate the territory described aforesaid, from the township of Haddon, excepting as to the election of commissioners of SESSION OF 1875. 339 streets and commissioners of appeals, the raising of money by special tax, the regulating and grading of the sidewalks and lighting the streets of said borougn ; and that the township committee of Haddon township shall have the same control and management of the roads and drive ways as heretofore. 14. And be it enacted, That from and after the said first Body politic, Tuesday in April next, the territory within the bounds *«■ hereinbefore named shall be one body politic and cor- porate in deed, fact, name and law, by the name, style and title of " The borough of Haddonfield," and as such Name shall have, possess and enjoy all the rights, liberties, franchises and privileges of a borough incorporated in pursuance of this act. 15. And be it enacted^ That this act shall be considered, Act, how adjudged and taken to be a special public act, to be cited ^° ™ and proven in any court and all courts within this state, and shall be liteially and liberally expounded and con- strued to advance the ends thereof; and all acts and parts of acts inconsistent with the provisions of this act, shall upon the acceptance thereof as aforesaid, be adjudged repealed. 16. And be it enacted, That in assessing the tax for the Real estate to purposes intended in this act, no allowance or abatement ^^^^^^^^^; shall be made for mortgages or other money liens upon tion, &o. real estate within the bounds hereinbefore named, but that the same shall be taxed without regard thereto, and as if the same were clear of incumbrance. 17. And be it enacted, That no loan of money shall be no loan or made or debt incurred by the said commissioners to ^•H to be in- carry out the improvements contemplated by this act,*^**" and that no more work shall be done each year than can be paid for by the moneys raised in the manner aforesaid. Approved March 24, 1875. 340 SPECIAL PUBLIC LAWS. CHAPTER CXCIV. A Further Supplement to an act entitled "An Act revis- ing an act to incorporate the City of Bayonne in the county of Hudson, and state of New Jersey," approved March tenth, one thousand eight hundred and sixty- nine; approved March twenty-second, one thousand eight hundred and seventy-two. Conncji limy 1. Be IT ENACTED by the Senate and General Assembly of ofaSIeMme" ^^^ ^^^ ^f ^^^ Jersey, That upon the application in writ- upon lands, ing of any person or persons interested, to the board of "on'of'i^^r * councilmen of the city of Bayonne, to apportion any tax SODS intereated. or assessment which has been or shall be laid upon any plot or parcels of land in said city among any sub-di- visions of said plot or parcels accompanied by a proper map showing the sub-divisions desired, the mayor and council of said city shall have power to refer said appli- cation and map to a committee of the council of said city, who shall report to the board of councilmen a just and equitable apportionment of said tax or assessment upon said sub-divisions of said plots and parcels, and said council shall have power to make apportionments • of said tax or assessments in accordance with said report or otherwise, as in their judgment may be just and equitable ; and said council shall have the same powers by the same methods, to apportion taxes or assessments and expenses of sale in reference to any parcel or parcels of land which may have been or may be sold for non-payment of taxes and assessments, under the pro- visions of the charter of the city of Bayonne and its sup- plements, if the same shall have been bought by the city treasurer for the use and benefit of the city of Bayonne, among such sub-divisions as said mayor and council may deem just and proper; and upon the approval of said ap- portionment by the mayor or passage of the same by the council over the veto of the mayor, the city clerk shall file the said map and the report of said committee as SESSION OF 1875. 341 corrected by the council, if corrected, in his oflBce, and thereupon the said tax or assessment apportioned shall be and remain alien upon the sub-divisions shown on Tax or afleess- the map so filed, each sub-division being subject to the JJ^j^'^^u™ lien of that portion of said tax or assessment with inter- est, expenses and costs., which shall be apportioned to it the same as though said tax or assessment had been originally laid or assessed to each of said sub-divisions in the separate amounts so designated, and no tax or assess- ment sale, or tax or assessment, or lien thereof, shall be invalidated by reason of any such apportionment. 2. And be it enacted, That the mayor and council of Power to bor- the city of Bayonne, in the county of Hudson, state of^^^.^^^^y *", XT T 1 n 1. J. i_ !!» X' X anticipfttion of pJew Jersey, shall have power to borrow from time to collection of time, in anticipation of the collection of the taxes which !*««*. and may -, ' , ' 1 1 • 1 • 1 • i88ue bouds. nave been assessed and are in arrears, and unpaid prior to the year one thousand eight hundred and seventy- four, an amount not exceeding the sum of said taxes in arrears, nor to the. extent of over one hundred thousand dollars, to be applied to the purposes for which the said taxes were levied ; and for this purpose said mayor and council shall have power to secure the payment of said money borrow'ed, by issuing bonds of said city, signed by the mayor and sealed with the corporate seal of the city, attested by the city clerk, bearing not over seven per cent, interest and payable in not over ten years from the date thereof; provided, that so much of the arrears of Proviso, taxes aforesaid as may be necessary, shall be held by said city as specially pledged for the payment of said bonds, and if said arrears of taxes should be paid in be- fore said bonds mature, the mayor and the council afore- said shall direct the city treasurer to purchase said bonds, with the proceeds, at such prices as they may determine, or said moneys shall be invested under the direction of the mayor, the president of the council and the treasurer of the city, until said bonds can be purchased or become due and payable. 3. And be it enacted, That the said mayor and council shall Bonds, how have power to sell and' dispose of said bonds at* public or^'^P^*^^^* private sale at not less than ninety-five per centum of the par value thereof. 4. And be it enacted, That the following words and pro- Repealer, visions at the end of section sixty-seven of the act to 342 SPECIAL PUBLIC LAWS. which this is a supplement, to wit : " And the said im- provement bonds of the city shall be receivable at par (and accrued interest) by the city in lieu of cash in can- cellation of the assessments for such improvements, and such only as shall have been completed during the same year in which said bonds were issued," be and the same hereby are repealed, and that in lieu of said words and provision there be added to said section sixty-seven AmeDdmeDt. the following wopds, to wit : " And the said improvement bonds of the city which may have been issued prior to the date of confirmation of the assessment for which they are offered in payment, shall be receivable at par and accrued interest oy the city, in lieu of cash in can- cellation of said assessments." 5. And be it enacted, That this act shall be a public act and shall take effect immediately. Approved March 24, 1875. Repealer. CHAPTER CCVII. An Act to repeal an act entitled "A further supplement to an act entitled *An act revising the act to incorpor- ate the city of Bayonne, in the county of Hudson, and State of New Jersey,' " approved March tenth, eighteen hundred and sixty-nine; approved March twenty- second, eighteen hundred and seventy-two. 1. Be it enacted by the SenaJte and General Assembly of the State of New Jersey, That the act entitled "A further supplement to an act entitled, 'An act revising the act to incorporate the city of Baj'onne, in the county of Hud- son, and state of New Jersey,' " approved March tenth, eighteen hundred and sixty-nine ; approved March twenty-second, eighteen hundred and seventy-two, which said further supplement was approved March eighteenth, eighteen hundred and seventy-four, be and the same is hereby repealed. SESSION OF 1875. 343 2. And be it enacted, That this act be deemed a public act, and shall take effect immediately. Approved March 24, 1875. CHAPTER OCVIII. A Further Supplement to an act entitled "An act to in- corporate the city of Hoboken," approved March twenty-eighth, one thousand eight hundred and fifty- five. 1. Be it enacted by the Senate and General Assevribly o/ Power of conn. the State of New Jersey, That the council of the city of JiJ^^J^'J''^® Hoboken, shall have power to authorize the several firenjembersofen. engine companies of the said city, to increase the number of SJf. *^°™p** their members ; provided, no company shall be composed Proviso. of more than seventy-five men. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 24, 1875. CHAPTER CCIX. A Further Supplement to an act entitled "An Act to au- thorize the Inhabitants of the City of New Brunswick (School District Number One,) of the township of North Brunswick, county of Middlesex, to elect a Board of Education," approved March third, one thousand eight hundred and fifty-five. 1. Be it enacted by the Senaie and General Assembly of-Eiodi^ ^j the State of New Jersey, That in all elections of trustees tn»to«. under the above act to which this act is a supplement, 344 SPECIAL PUBLIC LAWS. the polls shall be kept open from twelve o'clock noon, to seven o'clock in the evening, of the day on which such election is held. 2. And be it enadedy That this act shall be deemed a public act and shall take effect immediately. Approved March 24, 1875. CHAPTER CCXIII. Repealer. Amendment. LotB and sub- divisione to be aeseaaed amount which they are par- ticularly bene- fited. Power to cause public streets to be fcraded. and the ex- pense to be as- sessed upon lots benefited A supplement to an act entitled " An act to provide for the more eflBcient government of the city ot Trenton," approved March nineteenth, one thousand eight hun- dred and seventy-four. 1. Be it enacted by the Senate and General Assemidy of th^ State of New Jersey^ That the third sub-division of the seventy -sixth section of the act to which this is a sup- plement, be repealed and the following substituted : to order and cause any street or section of a street to be graded, paved or otherwise improved, as hereinafter men- tioned. ^. And be it enacted, That the board of citv assessors in making the assessment for benefits under the eighteenth section of the act to which this is a supplement, upon such lots as in their opinion will be benefited by an im- provement, shall hereafter assess upon such lots or sub-di- vision of lots, the amount which in their opinion the said lot or sub-division of a lot will be particularly benefited ; and if the full amount of tlie actual benefits assessed upon the said lots or sub-divisions shall be less than the damages incurred in making the said improvement, the difference shall be paid by the city at large. 3. And be it enacted, That it shall be lawful for common council to direct by ordinance, any public street or alley to be graded, under the supervision of the street commis- sioner and street committee, and cause the expense of such work, or any portion of such expense as can be assessed as hereinafter directed to be assessed by the board SESSION OF 1875. 345 of assessors, upon such lots or sub-divisions of lots, as in their opinion will be benefited thereby ; but no lot or sub- division shall be assessed a greater sum than the value of the particular benefit to the same ; that when such assess- ment shall be complete, and filed in the oflBce of the city clerk, the said board of assessors shall give public notice of not less than ten days, of a time and place where they will meet and hear complaints of any parties to such assessment, and after hearing said complaints, they may revise their assessment if it shall appear that the said par- ties have any just cause of complaint; but when the said assessment shall have been thus revised the decision of the said board of assessors shall be final and conclusive on all parties, unless, within one month after a notice published in two or more papers that the said revised re- port is on file in the clerk's office, two thirds of the per- sons assessed or their representatives, shall file with the city clerk their objections thereto ; and shall thence until paid, be a lien on the several lots or sub-division of lots, ABseMment«,to against which the same is assessed ; and the same may be remain a Uen. collected either by suit or sale of the said lots, in the same How collected, manner as the assessments, when binding and conclusive under section eighty-three of the act to which this is a supplement, are collectable by and under the said last mentioned section. 4. And be it enacted^ That the board of assessors in Lots to be as- making assessments under section eighty-seven of the J^enlfited!^^'^' act to which this is a supplement shall assess upon all lots or sub-divisions of lots which are benefited, but shall assess against such lots only the amount which they are actually benefited. 5. And be it enacted, That the provisions of section one Pftving, flag- of the supplement to the act to which this is a supple- ^1^'^^!*"^^.^.^^ ment, which supplement was approved March twenty- walks'^ ° seventh, eighteen hundred and seventy-four, shall apply only to the paving, flagging and curbing of sidewalks of any street or alley in said city and the grading incident to that work. 6. And be it enacted. That whenever any assessment has Power to direct heretofore been made for any improvement made by vir- Jj^J^^^^"' tue of any charter of the city of Trenton, and the work examine nnd upon said improvement has been done wholly or partly, mIi^8,*hereto- and the assessncients upon lots or sub-divisions of lots re- ^re m'ade. 23 346 SPECIAL PUBLIC LAWS. main wholly or partly unpaid, and the city solicitor shall report to common council that the said assessment by de- fect in the proceeding by which said assessment was made is illegal, the common council may by resolution direct the board of assessors of said city (and in his or case any of said board are interested to appoint other disinterested persons in their place) to examine and revise said assessments ; the said board shall examine and determine what would have been a reasonable and fair cost of said improve- ments, and shall determine what lots or sub-divisions of lots are benefited thereby, and the aggregate amount of Asseseora to the particular benefits to said lots, and shall assess the of'benefits.^'** proportion of the aggregate amount of benefits (the said aggregate amount not to exceed the cost) upon each of the said lots or sub-divisions of lote; that when such assessment shall be completed and filed in the city clerk's office, the said board of assessors shall give not less than Notice of meet- ten days notice of a time and place where they will meet S5en to hear ^^^^ ^®^^ complaiuts of any parties to such assessments, obiect'iona. and after hearing such complaint, they may revise their assessment if it shall appear that the parties have any just cause of complaint, and when the said board, or a majority thereof, have attached to said report or a revised copy of the same, a certificate that said report is revised and filed as the final report of said revised assessment it shall be conclusive upon all parties, and shall remain a Assessments to lien upon the several lots and sub-divisions against which andtow €»"* ^^^ ®^^ ^^ asscsscd, aud the same may be collected either lected. by suit or sale of the said lots or subdivision of lots in the same manner as the assessments when binding and conclusive under section eighty-three of the act to which this is a supplement are collectable by and under the last Proviso. mentioned eighty-third section ; provided, that if aii\' lot or sub-division of a lot was originally assessed for the same improvement and the said original assessment was paid, then the said payment shall operate as a payment in full of the revised assessment City may pur- 7. And be it enocted. That whenever any lot shall be no"pa?men?of offered for salc by virtue of this act or the act to which assessments, it is a Supplement for the collection of any assessment, and there shall be no responsible bidder for the said lot, then it shall be lawful at any sale or adjourned sale to SESSION OF 1875, 347 cause the said lot to be struck off to the inhabitants of the cit}^ of Trenton, for the term of fifty years. 8. And be it enacted^ That the following words, to wit : Repealer. " and provided, it shall not be lawful for any person or body corporate, to deposit in any sewer, drain or stream in this city, the contents of any water closet, privy or any kind of filth, which may become detrimental to the pub- lic health of the city ; found in title VII, section seventy- six of the bill to which this is a supplement, be and the same is hereby repealed ; and the use of any sewer shall Sewere. by be under the supervision of common council. troiicd.^'^'^ 9. And be it enacted^ That this act shall take effect im- mediately. Approved March 25, 1875. CHAPTER CCXIV. Supplement to an act entitled "An act to establish a free school at Fort Lee, in the county of Bergen,*' approved March sixth, one thousand eight hundred and fifty. Whereas, The trustees of school district number two at Preamble. Fort Lee, in the township of Ridgefield, in the county of Bergen, by prudence and careful management have been able to maintain a free school in said district, conducted by competent teachers continuously for more than twenty years past, and after paying all expenses in maintaining said school, have accumulated from the moneys raised by district tax a surplus fund of three thousand dollars on the date of their last annual report, for which they at present have no use for school purposes, and are desirious of using said surplus fund towards the erection of a new school house on lands donated to said district for school purposes, and repairing the school house now in said district; therefore, 1. Be it enacted by the Senate and General Assefmbly of the State of New Jersey y That the trustees of school district number two at Fort Lee, in the township of Ridgefield, 348 SPECIAL PUBLIC LAWS. Ti-ustees au- in the county of Bergen, be and they are hereby author- Ichoof mone^^ ^^^^ ^ ^^® ^"^ surplus school Hioney in their hands, or so for erection of much thereof, as will be necessary for the erection of a w^ooi house, j^^^ school house and repairing the old school house now in said district. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 25, 1875. CHAPTER CCXV. A Supplement to the "Act concerning roads," approved March twenty-fourth, eighteen hundred and seventy- four. Taxpayers 1. Be IT ENACTED by the Senate and General Assembly oj mrfcrupon* ^^^ ^^^ ^f ^^^ Jersey, That where any public highway overseers of or any part thereof, situate in any township in this state, loadrnro nS*^* is uow OT shall hereafter become ruinous, or miry, or rutted, in j^ood order, or broken, or stony, or in decay, it shall be lawful for any three or more taxpayers of the township in which the said public highway is situated, being freeholders, to serve a notice in writing upon the overseer of the high- way, in whose district the part of the said public highway so ruinous, or miry, or rutted, or broken, or stony, or in decay, shall be situate, informing him of the condition of the said highway and requiring him forthwith properly to work, make, amend, and put in good order and repair the said public highway, and it shall be the Duty of over- duty of the Said overseer, immediately upon the receipt ^^^' of such notice as aforesaid, to employ a sufficient number of men to work, make, amend, repair and put in good order the part of the said public highway so ruinous, or miry, or rutted, or broken, or stony, or in decay, and to Account of keep the same in such repair, and to keep an account of dlS"^^" ^*'*®""the moneys by him thus expended in working, making, amending and repairing the said highway, and to present the bill for the said moneys thus expended to the town- SESSION OF 1875. 349 ship committee of the township in which said public highway is situated, whose duty it shall be forthwith to pay and satisfy the said bill, and in case the said town- ship committee shall neglect or refuse to pay the said bill upon presentment, it shall be lawful for the said overseer Action mny be to bring an action against the said township, in which com"miuee^re^° the said public road is situated, by its corporate name in {""^^ ^o v^y any court of competent jurisdiction, and recover the amount of the said bill with interests and costs. 2. And be it enacted, That if the said overseer or over- Proceedine* seers shall neglect or refuse for the space of ten days J^^^"^ °^^™^'' after receiving the said notice to work, make, amend and pair hij^hway, put in good order and repair, the said highway so ruin-*^- ous, or miry, or rutted, or broken, or stony, or in decay, it shall be lawful for the persons who gave the said notice to the said overseer or any of them by himself or them- selves, and with such wagons, carts, horses, mules, plows, shovels, picks, hoes and other implements, and with such workmen as they or any of them may find it necessary to employ and hire for that purpose to proceed at any time after the expiration of the said ten days to work, make, amend, and put in good order, and repair the said highway so ruinous, or miry, or rutted, or broken, or stony, or in decay, and to keep a careful account of the expenses incurred in the working, making, amending, and putting in good order and repair the said highway so ruinous, or miry, or rutted, or broken, or stony, or in decay, including in such account the labor of the said person or persons who signed the said notice to the said overseer, and who have caused the said work to be done ■with the services of the horses, mules, wagons, carts, plows, shovels, and other creatures and implements used m the working, making, amending and in putting in good order the .said highway as aforesaid, together with the hire of all the persons employed in the working, making, amending, and putting in good order the said highway as aforesaid, and shall present the said account, duly verified by oath or affirmation to the township committee or some member thereof of the township in which the said road so worked, made, amended, and put in good order and repair is situate, and demand payment thereof, and it shall be the duty of the said township committee forthwith to pay the said bill ; and in case the said town- 350 SPECIAL PUBLIC LAWS. Actions may be ship Committee shall neglect or refuse to pay the said bill brought Ac. ^thin thirty days after the presentation thereof to them or to any member thereof, it shall be lawful for the said person or persons presenting the said bill as aforesaid, to bring an action of assumpsit against the said township in which said highway is situated, and to whose township committee or some member thereof the said bill was pre- sented in its corporate capacity in any court of competent jurisdiction, and recover the amount of the said bill with interest and all costs of suit. CompensaHoii 3. And be it enddedf That such person or persons, so for work. Working as aforesaid, and all persons employed by them, shall be allowed the same compensation for men and teams as is allowed and paid for working on the roads by the overseer of the road district in which said highway, thus worked, made, amended, repaired and put in good order, is situated. ()ver*eer 4. And he it enocted^ That if the said overseer shall menf ^^ "***^°* wHfuUy ueglcct and refuse to make, amend, repair and put in good order such highway after the notice men- tioned in the first section of this act shall have been served upon him, apprising him of its condition, he shall be liable to indictment for the badness or want of repair of such highway, and upon conviction shall be liable to Penalty. 3uch fine, not exceeding one hundred dollars, as the court before whom he is convicted shall see proper to inflict. 5. And be it enactedf That the provisions of this act shall only apply to the county of Warren, and that this act shall take effect immediately. Approved March 25, 1875. SESSION OF 1875. 351 CHAPTER CCXVI. A Further Supplement to an act entitled "An act to revise and amend the charter of the City of Rahway," approved March twenty-third, eighteen hundred and sixty-five. 1. Be it enacted by the Senate and General Assembly o/ Repealer. ihe State of New Jersey, That so much of the act to which this is a supplement and the several supplements thereto, as directs the assessment for any improvement, other than for sidewalks, to be laid upon the line of such im- provement, is hereby repealed ; and hereafter all such Assee^mente, assessments shall be equitably laid upon the property ^^ "** ®" peculiarly benefited, in proportion to such benefit; and if any assessment so laid shall not equal the costs and expenses of such improvement, the difierence shall be assessed to the mayor and common council of said city. 2. And be it enacted. That wUenever the cost and ex- counou may penses of any improvement in said city, other than for l^^^^^^^^^^^^ the laying of sidewalks, have been assessed upon the SsscMmentB. line of such improvement, and any assessment therefor has not been fully paid, the common council may vacate and set aside such unpaid assessment by resolution ; and Re assess in order to provide for the payment of the costs and ex- ^^q' """^ ^ penses of such unpaid assessments so vacated and set aside, and for the payment of the costs and expenses of the unpaid portion of the assessment for any such improvement which may set aside by any court of this state, a re-assessment may be made and levied in accord- ance with the first section of this act. 3. And be it enacted. That whenever such assessment i>«o^«"«t;o» of r • xi-ii'L x»j !_• coats and ex- for any improvement shall be set aside as herein men- penses, when tioned, and a re assessment ordered by said common *^J®^J"®Yd council for the unpaid portion of such assessment, the Stc. ' common council shall make a new declaration of the costs and expenses of such improvement, including therein the interest thereon to the time of making 352 SPECIAL PUBLIC LAWS. Board of com- missioneni, to make re-assess menu. Daties. AsuessmentSt how made. To remain a lien, and bow collected. Proviso. Proviso. such declaration, and deducting therefrom any payments made upon the original assessment, with interest from the time of such payment. 4. And be it enacted, That the city surveyor and street commissioner for the time being, and one disinterested elector, to be appointed by the common council, shall constitute a board to make the re-assessments authorized by this act; and whenever the common council shall make a declaration of the costs and expenses of any im- provement to be re-assessed as aforesaid, such declaration shall be referred to said board, whose dutv it shall be to make such assessment, upon the principles prescribed by the first section of this act; ana upon such reference, said board shall take the same oaths, and they and said common council shall proceed in the same manner as now required by the charter of said city in making assessments for the construction of sewers ; but no assess- ment shall be laid upon any land for any improvement where the previous assessment therefor has been paid; and when such previous assessment has been paid in part, and said board shall deem such land to have not been peculiarly benefited beyond the amount of such partial payment with the interest thereon, they shall make no further assessment thereon ; and if they shall deem "feuch land to have been peculiarly benefited beyond that amount, then such payment and interest shall be deducted from such benefits, and an assessment made only for the difierence ; and all assessments herein author- ized shall be a lien against the property assessed from the time when the work for said improvement was com- pleted ; and in case of non-payment of such assessment, the same shall be enforced in the manner now prescribed by the charter of said city for the collection of other assessments; and in case of sale for such non-pay men,t, the rights of the city and of all parties, shall be the same as now appertain in case of sale for other assessments; prmrided, that if on the ground of interest or for any cause any member of said board shall be disqualified from acting in the laying of any particular assessment, or if a vacancy shall occur from any cause, the common council may appoint a disinterested elector of said city to act in place of such disqualified member, or to fill such vacancy; and provided further^ that whenever the city SESSION OF 1875. 353 surveyor or street commissioner, appointed and qualified to make any assessment, shall go out of office, his duties as a member of said board shall not cease until said board has completed its work relative to that assessment. 5. And be it enadedy That any assessment for any im-A^aeBsmente Erovement, other than for the laying of sidewalks which ™d^and 8et°* as been made upon the line of such improvement and aside, not yet confirmed, may be vacated and set aside by reso- lution of said common council ; upon doing which they shall thereafter make a new declaration of the costs and Declaration of expenses of such improvement, including therein the in-co«<8andex- terest thereon to the time of making such declaration, * and the board of assessment hereby created shall pro- ceed to make an assessment therefor according to the di- rections of this act, and all the provisions herein relative to other assessments made by said board, shall be appli- cable to these assessments. 6. And be it enacted^ That all unpaid assessments for Asseasments any improvement heretofore made upon the line of such Jjii^/ &c."*^^ improvement, where the costs and expenses of la3nng sidewalks are included in the declaration of the costs and expenses of such improvement, may be referred bv said common council to said board, which board shall separate the costs and expenses of the laying of the side- walk from the other costs and expenses, and make report thereof to said common council, whereupon they shall order such separated assessments to be filed in the office of the city treasurer, and shall make the declaration herein mentioned; and the costs and expenses of laying the sidewalk so separated, shall be and remain a lien on the To remain & land assessed as heretofore ; and the city shall make such **®"* entries in the books of assessments as may be required to make any assessments so separated by said board con- form to said report. 7. Arid be it enacted^ That the board of finance of the Board of city of Rah way is authorized to reissue the bonds of the?"*"*^^*'['J^y[®^ city for the expenditures for all improvements heretofore improvemenu, made, but not exceeding the amount of unpaid assess- *^°- ments for such improvements, with interest thereon ; and the common council may postpone the payment of such assessments until such re-issued bonds become due and payable; and on such amount as may be assessed against the mayor and common council of the city of Ranway, 354 Proviso. Act, bow con- st med. SPECIAL PUBLIC LAWS. under the provisions of this act, including expenses in- cident to reassessments, said board of finance may issue the bonds of said city, redeemable in not over twenty years from date; provided, that payments on all assess- ments authorized by this act, may be required by install- ments in the manner stipulated by the thirtieth section of the act to which this is a further supplement. 8. And be it enacted, That the one hundred and third section of the act to which this is a further supplement shall not be construed to make it unlawful for the pub- lisher of any newspaper, who may be elected to a city office, to receive compensation for printing or the publi- cation of any notice or advertisement, in relation to city affairs. 9. And be it enacted^ That this act shall take effect immediately. Passed March 25, 1875. CHAPTER CCXXVIIL An Act to revise and amend the Charter of the City of Bridgeton. TITLE FIRST. Corporate name. OF THE BOUNDARIES AND CIVIL DIVISIONS OF SAID CITY. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That all that district of country in the county of Cumberland, contained within the boun- dary lines of the city of Bridgeton, as now established by law, shall continue to be a city by the name of the City of Bridgeton, and all the inhabitants of this state, within the limits aforesaid, shall continue forever hereafter to be a body corporate and politic, in fact and in law, by the name of " The City of Bridgeton," and by that name they and their successors shall and may have perpetual succession, and shall be persons in law capable of suing SESSION OF 1875. 355 and being sued, pleading and being impleaded, answer- ing and being answered unto, defending and being de- fended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatso- ever, and they and their successors may have a common seal, and alter the same at their pleasure ; and also by their corporate name aforesaid shall be in law capable of Corporate purchasing, holding, and conveying any estate, real or*^^®"" personal, for the public use of the said corporation, and that the said " Tne City of Bridgeton," and their suc- cessors, shall, by virtue of this act, become and be abso- lutely and completely invested with, possess, and enjoy, all the lands, tenements, hereditaments, property, rights, causes of action and estate whatsoever, both in law and equity, in possession, reversion, or remainder, which at the time of the passing of the act of the legislature of this state entitled "An Act to incorporate tiie City of Bridgeton," approved March twenty -ninth, eighteen hun- dred and sixty -four, were invested in or belonging to the inhabitants of the townships of Bridgeton and Cohansey in their several corporate capacities, as then incorporated by the names respectively of " the inhabitants of the township of Bridgeton, in the county of Cumberland," and "the inhabitants of the township of Cohansey, in the county of Cumberland," according to such estate and interest as " the inhabitants of the township of Bridge- ton, in the county of Cumberland," and " the inhabitants of the township of Cohansey, in the county of Cumber- land," or either of said corporations, at the time of the passage of the act of the legislature aforesaid, had or of right ought to have had, or which since that time have become vested in and belong to the said " The City of Bridgeton," in its corporate capacity. 2. And be it enacted, That the said city of Bridgeton Divided into shall continue to be divided into three wards, as hereto- ^^^^ '^^^^' fore constituted by law. TITLE SECOND. ELECTION AND APPOINTMENT OF CITY AND WARD OFFICERS. 3. And be U enacted, That an election, by ballot, shall Annual eiec- be held in each of the wards of said city, on the second heid.^ ^ 356 SPECIAL PUBLIC LAWS. Tuesday in March next, and annually thereafter upon that day, at such places as the city council shall appoint, and of which at least two weeks previous notice shall be given by the city council in a newspaper, printed and published in said city, and in default of such notice the election shall be held at the several places where the last general election was held ; at which time there shall be Officers. elected one city recorder, who shall hold his office for the term of one year ; and one city collector of taxes, who shall hold his office for the term of one year, and in and for each of the wards of said city one member of the city council, who shall hold his office for the term of three years, and two chosen freeholders, one assessor of taxes, three commissioners of appeals in cases of taxation, two surveyors of the highways, two overseers of the poor, three judges of election, one clerk who shall be clerk of elections, one constable and one pound keeper, who shall hold their offices, respectively, for the term of one year ; justices of the peace of the several wards of the said city shall be elected at the time prescribed by this act for the elec- Proviso. iiQYi of city and ward officers ; and provided^ that if any ward is, or hereafter shall be, divided into election pre- cincts, one clerk and three judges of election shall be elected for each of said election precincts, who shall per- form the same duties and be subject to the same penalties as are provided by law for clerks and judges of election in wards which are not divided into election precincts. Election of offi. 4. And be it enacted, That on the second Tuesday in of'offioe^ ^®'*"* March, one thousand eight hundred and seventy-six, and thereafter, there shall be elected one mayor, who shall hold his office for the term of three years, one city treas- urer, who shall hold his office for the term of one year, and one shool superintendent, who shall hold his office for the term of two years, and after the expiration of the said terms of one year for the city treasurer, and of two years for the school superintendent, the said city treasurer and school superintendent shall thereafter be respectively elected for the term of three years. Council may 5. And be it enacted, That if, at any annual election, city hiro^Secdon* ^^ State, the whole number of votes polled, in any ward preoinctB. or election precinct, shall exceed five hundred, the city council may divide the said ward or election precinct into election precincts, and a description of the boundaries SESSION OF 1875. 357 thereof shall be filed, one copy in the county clerk's oflBce, and one copy in the city recorder's office, and in case it shall be necessary to change the boundaries of said precincts, such change shall be effected in the manner above described ; and whenever any election precinct is created as above, it shall be the duty of the city council to appoint a clerk and three judges of election in said precinct, who shall not all belong to the same political party, and who shall hold said offices until their suc- cessors are elected; provided, that no precinct shall bePro^»«>- created or the boundaries of any precinct changed within one month preceding any annual election, city or state. 6. And be it enactedy That the aforesaid annual city Eiectionn, bow election in each ward and precinct shall be held and conducted, conducted by the judges and the clerk of election thereof, at the same hours and in the same manner and under the same regulations in all things as prescribed for the state elections for members of the legislature, except as hereinbefore otherwise provided for. 7. And be if enacted, That every person entitled to vote who entitled by existing laws of this state at an election for members ^o ^o*®- of the legislature, if held on that day, who is at the time an actual resident of the ward and precinct in which he offers his vote, shall be entitled to vote in the ward and precinct in which he resides, but not elsewhere, for all or any of the officers to be chosen at such election. 8. And be it enacted, That immediately after closing statement of the polls at every city election, the board of election «^®^*on to be in each ward and precinct shall count the votes given for the several candidates, and make a certificate and statement thereof under their hands, in the manner required by law at the state elections for members of the legislature, which said certificate and statement shall be delivered by the said judges of election to one of their own number, to be by them designated for that purpose, who shall deliver the same, on or before the Thursday next after said election to the city recorder; the said judges of election, so designated as above, shall constitute Board of can- a board of canvassers of said election, and shall meet atv^sera. the council chamber, at two o'clock in the afternoon of said day, and a majority of said judges being present, shall proceed to make a statement of the result of said election, as shown by said certificates, which shall be 358 SPECIAL PUBLIC LAWS. deemed vacant. signed by said board and attested by the city recorder, who shall be the clerk of the said board, and whose duty it shall be to lay before said board the certificates and statements which have been delivered to him, and the persons having the greatest number of votes shall be declared elected to the offices for which thev have been voted for respectively ; and the city recorder shall file the original certificates from the wards and precincts in his office, and lay the statements made by the board of can- vassers before the city council at their first meeting thereafter, which for the purpose of receiving said state- ment shall be held on the Friday succeeding said election, and the same shall be, by the said city council, filed in the office of the city recorder ; and the said city recorder shall immediately send a written notice of his election Offices, when to each of the persons so elected ; and if at any election for officers authorized by this act, any officer shall not have been chosen by reason of two or more candidates having received an equal number of votes, such office shall be deemed to be vacant, and shall be filled as here- inafter directed. Wio eligible to 9. And be it enacted, That no person shall be eligible to "" any office at any such election unless he shall then be an elector and resident of said city, nor shall he be eligible to anv office for any ward or precinct, unless he shall then be an elector and resident in such ward or precinct; and when any officer elected at any such election shall cease to reside in said city, or if elected for any ward or Erecinct, shall cease to reside in such ward or precinct, is office shall thereby become vacant. 10. And be U enaded, That the term of office of the chosen freeholders and the justices of the peace of the several wards of said city shall commence at the time or times prescribed by law; and the term of office of all other officers elected at the annual city election, as herein provided, shall commence on the third Tuesday in March ; and all the officers elected by virtue of this act, except chosen freeholders and justices of the peace, shall be sworn in before the city council within thirty days after the said third Tuesday in March, and upon the failure of any officer to be sworn in as herein directed, his office shall become vacant. Council mav H. And be U enacted, That in case of death, resigna- vacandesl " ^^^^> inability, disqualification, removal from office, ne- offlce. Termaof offices. SESSION OF 1875. 359 gleet or refusal to act, or removal out of the city, ward or precinct of any of the officers thereof, or any vacancy in any office, (except justices of the peace), it shall be law- ful for the city council to appoint others in their stead until the next annual city election, or, in the case of of- ficers not elected, until the regular period of appoint- ment, who shall, during the timi for which they ma^ be severallj^ appointed, perform the like serviciss, be entitled to the same fees, and be subject to the same responsibili- ties, as though elected or appointed at the regular time; provided, that all resignations shall be sent, in writing, to Proviso, the president of the city council, who shall report the same to the said council at its next meeting. 12. And he ii enacted, That if any elective office pro- vaoimciM, vided for in this act, (except justices of the peace), the ^"^ ^"®^* term of which is longer than one year, shall become va- cant, for any cause whatever, the said vacancy shall be filled until the next annual city election, in the manner provided in the preceding section; and at the next an- nual city election the said vacancy shall be filled by elec- tion, and the person so elected to fill such vacancy shall be elected for the unexpired term of said office only; and if at any annual city election in said city, there snail be one or more vacancies to be supplied in any office, and at the same time any person is to be elected for the full term of said office, tne term of said office for which each person voted for is intended, shall be designated on the oallot. 13. And be it enacted. That all elections hereafter to be Elections, how held in said city, for officers of the county of Cumber-**®*^- land, and for members of Congress, and electors of presi- dent and vice-president of the United States, or for any officer or officer of the state or general governments, shall be held in the several wards and precincts of said city, at the places therein appointed by the city council for holding the city elections, on the day or days which now are, or hereafter may be, designated for holding such elections ; the polls shall be opened and closed at Polls opened, the hours prescribed by the laws of this state, and the judges in tne several wards and precincts shall preside and conduct all such elections, and the clerks of said wards and precincts shall be clerks of such elections in their respective wards and precincts; every person en- 360 SPECIAL PUBLIC LAWS. Powers and duties of elec- tion offloera. Vacancies, how filled. Appointment of city solici tor. Officers, to take oaths. titled to vote at such election, shall vote in the ward and precinct wherein he actually resides at the time of such election, and not elsewhere; and such elections shall be conducted according to the laws of this state regulating elections. 14. And be it enacted, That the said judges of election shall take the same oaths, and conduct such elections and make returns thereof, except as hereinbefore provided in referedce to the annual city election, in the same manner as township officers of elections are or may be by law required to do, and shall be vested with the same powers and authority, entitled to the same compensation, and perform the same duties, and be subject to the same penalties as the like officers of the townships of this state are or may be by law vested with, allowed, or subject to ; and in case of the death, absence, incompe- tency, or refusal to serve of any of the said officers of elections at any election provided for by this act, such vacancv or vacancies shall be supplied in the manner prescribed by law for supplying such vacancies in the townships of this state, and the clerks of the said wards and precincts, respectively, shall procure election boxes for the use of their wards and precincts, in such manner and of such description as are required to be procured by the township clerks of this state, and be subject to the same penalties as township clerks are subject to for neg- lecting to procure such boxes, and to keep them in re- pair. 15. And he it enacted, That on the third Tuesdiay in March the city council, by a majority of the whole num- ber of members elected, personally present and agreeing thereto, shall appoint a city solicitor, who shall hold his office for the term of one year. 16. And be it endcted. That every person elected or appointed to any office in pursuance of this act (except city solicitor, chosen freeholders and justices of the peace), or of any law or ordinance of the city council, shall, before he enters upon the duties of such office, take and subscribe before the city council, who are hereby authorized to administer the same, an oath or affirmation faithfully and impartially to execute the duties of his office to the best of his knowledge, skill and ability, and such other oaths as may be required by the laws of this SESSION OF 1875. 361 state ; all such oaths or affirmations shall be filed by the city recorder in his office; the city treasurer, school Offloen to give superintendent, city collector of taxes, constables, and **®°^' such other officers as the city council may require, shall also before entering upon their duties, each give bonds to the city in its corporate name, in such sum and with such sureties as the city council may approve, or as may be required by any act of the legislature of this state, conditioned for the faithful performance of the duties of their respective offices; and if at any time the city council shall deem the sureties of any such officer insuffi- cient, they shall require him to give additional security. 17. Avd he it eruided, That any city or ward officer offioera, how may be removed from office by resolution of the city'®"*®^®^- council, for malfeasance, nonfeasance, disability or other good cause shown, upon complaint made in writing to the city council, settmg forth such cause, and supported by one or more affidavits of the truth of the facts therein alleged ; provided, that no such removal shall take place Provuo. untu the person sought to be removed has had an oppor- tunity to DO heard in his defence, nor unless two-thirds of all the members of the city council shall vote for such removal ; and provided further, that police officers may Proviso, be removed in such manner as shall be prescribed by ordinance of common council. TITLE THIRD. POWERS AND DUTIES OF THE CITY COUNCIL. 18. Andbeit enacted, That the city council shall annually Powers and elect a president from its own body, and in his absence acouMiK^ ^*^^ president pro tempore, appoint its times and places of meeting, determine the rules of its own proceedings, keep a journal of its own proceedings, and may punish or expel a member for disorderly conduct, or a violation of its rules ; but no expulsion shall take place except by a vote of two-thirds of all the members elected, personally present and agreeing thereto, nor until the delinquent members shall have nve full day's notice of the proceed- ing, and an opportunity to be heard in his defence. 19. And be it enacted. That the president of the city President of council shall have a vote upon all motions, ordinances ^^^^ 24 362 SPECIAL PUBLIC LAWS. PABsa^e of ordinances, &c. Duties of oily recorder. Quorum, and meetint^ of council. Ordinances, how passed and repealed. Ordinance to be in writing. Mayor to ap- prove. and other matters before the said city council, and in all cases of the passage of any ordinance, the appointment or removal of any oflScer, the granting or refusing of licenses, the appropriation of money, except as to the payment of the usual current expenses of said city, the vote shall be taken by calling the names of the members of the city council, and the yeas and nays shall be entered on the minutes. 20. And be it enacted, That the city recorder shall be the clerk of the city council ; he shall keep accurate minutes of the proceedings of the city council, and shall perform such otner duties, as by ordinance or resolution of the city council, shall be prescribed for him. 21. And be it enacted^ That a majority of the whole number of members of the city council shall constitute a quorum for the transaction of business ; but a smaller number may adjourn from time to time, and compel the attendance of aosent members ; the president of the city council shall be authorized to call special meetings of the city council, when the public good shall, in his opinion, render it necessary ; and on the request of three mem- bers of the city council, in writing, addressed to the E resident, it shall be his duty, or, in his absence, it shall e the duty of the city recorder, to call a special meeting. 22. And be it enacted, That no ordinance shall be passed or repealed by the city council except with the concur- rence of a majority of all the members of the said city council, personally present and agreeing thereto ; and no ordinance shall be altered or repealed save by ordinance to that effect ; every ordinance shall be read in full three times before its final passage, and no ordinance shall be finally passed unless the same shall have been introduced and read in full before the city council at a meeting held at least one week previous. 23. And be it enacted, That every ordinance, which shall have passed the city council, shall be drawn up in writing, signed by the president thereof, and attested by the re- corder, and shall be presented by the recorder to the mayor, and the report of the recorder shall be conclusive evidence that the said ordinance has been so presented to the mayor ; if the said mayor approve it he shall sign it, but if not, he shall return it with his objections in writing, and file the same with the city recorder within SESSION OF 1875. 363 seven days after he received it, and the said city council shall at its first regular meeting thereafter order the ob- jections to be entered at large on its minutes, and imme- diately proceed to reconsider the same, and if, after such reconsideration a majority of the whole number of the city council, personally present and agreeing thereto, shall approve of the same, it shall become an ordinance; and if any such ordinance, so presented ' to the mayor, shall not be returned by him to the city recorder, with his objections in writing, as hereinbefore provided, within the time aforesaid, the same shall be an ordinance in like manner as if the said mayor had signed the same. 24. And be it enacted. That each and every ordinance OrdinftnoeA to so passed and approved as aforesaid, or which has become ^ p"^'**^^*^- an ordinance without the approval of the mayor in the manner provided in the preceding section, shall be pub- lished in two of the weekly newspapers published in said city for two weeks, successively, once in each week, before the same shall take effect. 25. And be it enxLded, That the enacting clause of all Ennctin^ ordinances shall be "The city council of the city of°'*"*®- Bridgeton do ordain." 26. And be t^ enacted, That the city council shall have Power to make, power within the said city, to make, establish, publish, JJ^^^Jj J^^j. and modify, amend and repeal ordinances, rules, regula- nances, &c. tions, and by-laws, for the following purposes : I. To manage, regulate and control the finances and Pinancee. property, real and personal, of the city ; II. To prevent vice, drunkenness and immorality; to vice and im- preserve public peace and good order ; to prevent and ™<>'^*'"y- quell riots, disturbances and disorderly assemolages ; III. To restrain and suppress disorderly and gaming Gamini? houses and houses of ill-fame, all instruments and de- *^<*^*^' *<^- vices for gaming, and to prohibit all gaming and fraudu- lent devices ; IV. To license and regulate restaurants, victualing Aie and beer houses or cellars, ale and lager beer saloons or gardens, **'*~°"' *^- billiard tables, bowling alleys, shooting galleries, and other public places of amusement, and to fix the sums to be paid for license, and to prohibit the keeping of the same except by persons duly licensed ; V. To prohibit, restrain, regulate and license all sports, Sports, &c. exhibitions of natural or artincial curiosities, caravans of 364 SPECIAL PUBLIC LAWS. Boundaries of streets, &c. Repairs of streets, &e. To widen, grade, curb, streets. Diifgini? down filling up, &o. lots. animals, theatrical exhibitions, circuses or other public performances and exhibitions for money, and fix the sums to be paid for such licenses to the city treasurer ; VI. To ascertain and establish the boundaries of all streets, avenues, highways, lanes and alleys in said city, and prevent and remove all encroachments upon said streets, avenues, highways, lanes and alleys ; VII. To regulate, clean and keep in repair the streets, highways, avenues, lanes and alleys, bridges, wharves and docks in said city, and to prevent and remove obstruc- tions and incumbrances in and upon all streets, highways, sidewalks, crosswalks, bridges, sewers, drains, aqueducts, water courses, wharves, or docks in any manner what- ever ; to prescribe the manner in which corporations or persons shall exercise any privilege granted to them in the use of any street, avenue, highway or alley for the purpose of laying down pipes or any other purpose what- ever, and to prohibit and prevent any such use or work at such times and seasons of the year as they may designate ; to direct and regulate the planting, rearing, trimming and preserving of ornamental shade trees in the streets, avenues, parks and grounds of the city, and to authorize or prohibit the removal or destruction of such shade trees, and to enforce the removal of snow, ice or dirt from the sidewalks and gutters by the owners or occupants of the premises fronting thereon ; VIII. To widen, level, grade, flag or reflag, curb or re- curb, gutter or regutter, pave or repave or gravel the side- walks and gutters in any street, avenue, highway, or section or sections thereof, to prescribe the manner in which any such work shall be performed, and the mode in which the expense thereof shall be ascertained, and to cause such expense to be assessed on the adjoining lots, whether improved or unimproved, and to determine the time in which such assessment shall be collected ; IX. To direct the digging down, draining, filling up, or fencing of lots, pieces or parcels of ground in said city, which shall be deemed dangerous or unwholesome, or necessary to carry out any improvement authorized by this act ; to prescribe the manner in which the said work shall be performed, and to cause the expense thereof to be assessed on such lots, pieces or parcels of ground, whether SESSION OF 1875. 365 improved or unimproved, and to determine the time and manner in which such assessment shall be collected ; X. To prevent or regulate the erection of any stoop, aoojpw, bay- step, platform, bay-window, cellar-door, area, descent into a '^*°*^^^"» *^^- cellar or basement, sign, or any post or erection, or any projection or otherwise, in, over, or upon any street or avenue, and to remove the same, where already erected, at the expense of the owner or occupant of the premises ; XI. To prevent and punish horse racings, and im- Horse moini?, moderate driving or riding in any street, and to authorize *c- the stopping and detaining any person who shall be guilty of immoderate driving or ridmg in any street, and to regulate the speed and running of locomotive engines and railroad cars through said city, and to designate the crossings at which any railroad company shall be required by the city council to station flagmen or signals to warn travelers of the approach of locomotive engines or rail- road cars ; XII. To prohibit the driving any drove or droves ofDroveaof cattle through any of the streets of the city on the first ^*"*®» ^^' day of the week, commonly called Sunday, and to regu- late the same at other times ; XIII. To regulate, protect, and improve the parks, Public public burial grounds, and other public grounds in said 8"»"°^»' *^ city; XI V. To provide lamp and gas fixtures, and to li^ht Li^btinf^ of the streets, parks, and public places of every description ■^'^®®^» **^- in said city ; XV. To make and regulate wells, pumps, aqueducts and Wells, pumps, cisterns in the public streets ; XVI. To establish and regulate one or more pounds. Pounds, and and to restrain and regulate the running at large of|i^reeo?°^ horses, cattle, swine, and other animals, geese and other a^mais. poultry, and to authorize the impounding and sale of the same for the penalty incurred, and the costs of keeping and impounding and sale; XVII. To regulate and prevent the running at large of Destruction of dogs, to authorize the destruction of dogs running at large, ^^^' and to impose taxes on the owners of dogs ; XVIII. To locate, regulate and remove slaughter houses, slaughter establish and regulate public markets, license and regu- bouses, dec. late butchers, designate the places and manner of selling 366 SPECIAL PUBLIC LAWS. Vending 6f Board o( health. CoDtracte, (Sctf. meats, fish, fruits and vegetables, and to prohibit persons from selling such articles without licenses; XIX. To prescribe and regulate the places of vending or exposing for sale wood, hay, straw and other articles from wagons or other vehicles ; Fnsfhteniqg df XX. To regulate or prohibit any practice having a animals, sus. ^gndencv to frighten animals, or to annoy persons pass- ing in the streets or on the sidewalks in said city; Punish XXI. To restrain and punish drunkards, vagrants, vagrants, &a ftiendicants and street beggars; XXII. To establish a board of health, define its powers and duties, and provide for the protection and mainten- ance of the health of the city ; XXIII. To prescribe the manner in which all contracts for performing work or furnishing materials for the city shall be made and executed ; Nufsances, Ac. XXIV. To abate or remove nuisances of every kind, and to require the owner or occupant of any grocery, cellar, tallow chandlers' shop, butcher's stall, soap factory, tannery, stable, privy, hog pen, sewer, or other oflfensive or unwholesome house or place, lot or enclosure, to cleanse, remove or abate the same; or in a summarv manner to cause the sam« to be done at the expense of the owner or occupant thereof; Cartmen, XXV. To liceiisc and regulate cartmen, porters, hack, hackmen, &o. ^q^^ omnibus, milk wagon, stage and truck owners and drivers, carriages and vehicles used for the transporta- tion of passengers and merchandise, goods or articles of any kind, auctioneers, common criers, hawkers, peddlers, pawnbrokers, junk shop keepers, sweeps and scavengers, and to fix the rates of compensation to be allowed them, and to prohibit unlicensed persons from acting in such capacities ; XXVI. To regulate the ringing of bells and the crying of goods, and other commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets; XXVII. To regulate or prohibit swimming or bathing in the waters of or bounding the city ; XXVIII. To establish, regulate and control a day and night police, and to regulate and define the manner of their appointment and removal, their duties and their compensation ; Kinging af bells, &c. BatLing. Day and uigiit police. SESSION OF 1875. 367 XXIX. To establish, regulate and control a fire depart- Fire depart- ment, to regulate and define the manner of the appoint- "®°*- ment and removal of the officers and members of the fire department, their duties and their compensation, to provide fire engines and other apparatus, and engine nouses and other places for keeping and preserving the same, and to provide water for extinguishing fires; XXX. To regulate and control the manner of building BuUdinf^ of dwelling houses and all other buildings, and to prohibit h^uaw *&c. within certain limits, to be from time to time prescribed by ordinance, the building or erection of any dwelling house, store, office, shop, barn, manufactory, stable, or other building of wood or other combustible material ; to regulate the construction of chimneys, and to compel the sweeping thereof; to prevent the setting up or con- struction of furnaces, stoves, boilers, ovens, or other things in such a manner as to be dangerous; to prevent the deposit of ashes in unsafe places; to regulate or pro- hibit the carrying on of manufactories dangerous in causing or promoting fires; to regulate or prohibit the manufacture, sale, or use of fire-works, and the use of fire-arms in said city; to regulate or prohibit the keeping and conveying gunpowder, camphene, spirit gas, pe- troleum and other dangerous materials, and the use of candles and lights in barns, stables, and other buildings ; to raze or demolish any building or erection which, by season of fire, contagion, or any cause, may become dan- gerous to human life or health, or tend to extend a con- flagration ; to require all such further or other acts to be done, and to regulate and prohibit the doing all such further or other acts as they may deem proper to prevent the occurrence and provide for the extinguishment of fires in said city ; XXXI. To adopt all legal and requisite measures for Collection ot levying and collecting the taxes ; ***^' ^^' AXXII. To prescribe and define the duties of city and Define dntiM of ward officers, where not otherwise prescribed by law, and ^^^ ©fficere. their compensation and the penalty or penalties for fail- ing to perform such duties, and to prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same, in cases not otherwise provided for by law ; 368 SPECIAL PUBLIC LAWS. To determine XXXIII. To fix and determine a reasonable compen- of *o^^*re "*" sation to be paid to any officer of said city, or other person employed by them for any service required of him by this act, or by any ordinance or resolution passed by them, for which no specific fee or compensation is pro- vided to be paid by tne person or persons for whom such service shall be performed. May eBtabiiBh, 27. And be it enocted, That the city council shall have SI3??an^'* power to make and establish such other ordinances, rules, rales, &c. ' regulations and by-laws, not contrary to the laws of this state or of the United States, as they may deem necessary to carry into effect the powers and duties conferred ana imposed on them by this act, or by any other law of this state ; and such also as they may deem necessary and proper for the good government, order, protection of per- sons and property, and for the preservation of the public health and prosperity of said city and its inhabitants, and the same to alter, modify, amend and repeal. May prescribe 28. And be it enocted. That in all cases where by the v?c?iaSon of provisions of this act the city council have authority to ordinanoee. pass Ordinances on any subject, they may prescribe a penalty or penalties for the violation thereof, either by imprisonment in the county jail not exceeding ten days, or oy fine not exceeding one hundred dollars ; the book of records of the ordinances and by-laws of the said city council shall be taken and received as evidence of the due passage by said city council of all ordinances and Voinme to be by-laws recorded therein ; and further, the volume of J^^®**"*®^*' ordinances and by-laws printed and published by au- thority of the city council, shall in like manner be taken and received as evidence of the ordinances and by-laws of the said city council ; and the publication of the said ordinances and by-laws in the public newspapers, ac- cording to law, shall, in all cases, be presumed to have been made until the contrary be proved. May ineeeribe 29. And be it enoctedy That it shall be lawful for the *^""3t?w^* city council to prescribe cumulative penalties, for the pen les. violation of any ordinance which they may pass as to the erection, alteration or removal of any building or buildings within said city, to an amount not exceeding in the aggregate the sum of five hundred dollars. 30. And be it enoctedy That the sole and exclusive power to grant licenses to persons to keep inns and taverns J SESSION OF 1875. 369 within said city, and to prohibit the keeping the same Soie power to except by persons duly licensed, shall be vested in thef™^^^^ City council on such terms and under such hmitations, and tovems. regulations and restrictions, as the said city council shall by their ordinance impose. 31. And be it enadedy That the city council shall have May pnrohase power to purchase real estate, and to build and maintain ^tTulidinglf, thereon a city hall, and such other buildings as they may *o. deem necessary for the accommodation of the city offi- cers, and the day and night police of said city. 32. And be it enacted^ That the city council shall have p®''*'^ *» "^ power to raise by tax, in each year, such sum or sum^ ^f "»o°«y» y money as they shall deem expedient, or shall be necessary, for all objects and purposes authorized by this act, to be assessed and coUectea as is now, or may hereafter be, provided by law, except as may be herein otherwise provided. TITLE FOURTH. OP THE POWERS AND DUTIES OF CITY OFFICERS. 33. And be it enactedy That it shall be the duty of the Dutiea of mayor to keep the corporate seal of the city, to cause the "**y**'* laws and ordinances to be duly executed and enforced, to exercise a supervision over the official acts of the subor- dinate officers of the city, and to report in writing any dereliction of duty to the city council; and generally to t>erform all such duties as may be required of him by aw or the ordinances of said city; he shall sign all licenses granted by the city council, and shall grant and sign such temporary licenses for such objects and purposes as he may be authorized by ordinance of the city council to do. 34. And be U enadedy That the mayor shall have thepowereofoom- authority of a commissioner of deeds under the laws of dSlf"|^d^^u». this state; and he is hereby invested with all the powers tioe of ^aiw! and duties of a justice of the peace of this state in criminal cases ; and that the said mayor is hereby authorized on witnessing any breach of the peace or any violation of any of the ordinances of said city, forthwith to arrest and cause to be arrested, and commit the offender or offenders for a hearing without the issuing of any warrant or pro- 370 SPECIAL PUBLIC LAWS. otber powers, cess ; and that for the purpose of quelling any insurrec- tion, riot, disturbance or disorderly assemblage, he shall have control of the constables, watchmen, and other police force of said city, and the power to call upon the citizens for aid in all such cases; and when he shall deem it necessary, he shall have the power to call out the militia of said city, and employ the same in quelling any insur- rection, riot, or disturbance of the peace. v«c«ncv in 35. And be it enacted^ That whenever there shall be a gffl^^^j^^y®*"* vacancy in the oflSce of mayor, or whenever the mayor shall be prevented by absence from the city, sickness, or othiBr cause, from attending to the duties of his office, the president of the city council, or if he be absent or dis- abled, the president to be elected pro tempore, shall act as mayor, and possess all the rights and powers of the mayor during the vacancy in office or the absence or disability of the mayor. Duiieeof re- 36. And be it encLcted, That the city recorder shall keep corder. ^11 the records, books, papers and documents of the city, countersign and keep a record of all licenses signed by the mayor, except such temporary licenses as the city council, by ordinance, may authorize the mayor to grant, and keep the record of the proceedings of the city council ; he shall engross all the ordinances of the city council in a book to be provided for that purpose, with a proper index, which book shall be public record of such ordi- nances, and each ordinance shall be signed in said book by the president, or president pro tempore, of said city council and said recorder ; and copies of all papers duly filed in the office of the city recorder and transcript thereof and of the records and proceedings of the city council, and copies of the laws or ordinances of the said city, certified by him under the corporate seal of said city shall be evidence in all courts and places ; and upon the receipt of the sum of fifty cents oy the said city recorder, it shall be his duty to make a copy of any law or ordinance of the said citv, and deliver the same, duly attested under his hand and the corporate seal of the said city, to the person paying the said fee, and all such copies made by him as aforesaid shall be competent evidence as if the original book of ordinances was produced. ma*or and ^^' ^^^^ ^^ ^^ enacted. That the salaries of the mayor and (Mw5er.*° ^ city recorder of said city shall be fixed by the city council SESSION OP 1875. S7l at any sum, not exceeding six hundred dollars per annum for the mayor, and two hundred dollars per annum for the city recorder. 38. And be it enacted, That there shall be one city col- coUector of lector of taxes for the said city of Bridgeton, instead of one ***®"- collector of taxes in and for each of the wards of said city, who shall be elected as hereinbefore provided : he shall possess all the powers and perform all the duties hereto- fore possessed and performed by the several collectors of taxes of the several wards of said city. 39. And be itenadedy That any and all sums of money Taze«,bov and which may be ordered by the city council to be raised by ^J^**^^ ooi- tax in any year, shall be assessed by the assessors of the leoted.' several wards, and shall be collected by the city collector of taxes, in the same manner that the taxes in the town- ships of the said county of Cumberland are assessed and collected, except as is herein otherwise ordered, and except also, that so much of said tax as may be raised for lighting the streets of the said city, shall be assessed upon the real and personal property within certain limits in said city, to be called the light district, which district it shall Taxes in light be the duty of the city council to establish, and from time *^**^"^^- to time to change the boundaries thereof, as the same niay be necessary ; and that the said assessors shall keep the amounts so assessed for the said lighting of streets in a separate column upon their duplicates. 40. And be it enacted. That the city treasurer shall P"**«* of receive all moneys belonging to the city, and shall deposit and keep the same as directed by the city council, and shall keep an account of all receipts and expenditures in such manner as the city council snail direct, and shall perform such other duties appertaining to his oflBce as may be required of him by law or by any ordinance or resolution of the city council ; the said treasurer shall, at the close of the fiscal year make out a true and full account of the receipts and expenditures during the year, and also the state of the treasury, and within five days thereafter deliver said account to the city recorder, who shall lay the same before the city council at their next meeting ; and if upon examination it shall be found correct it shall be filed in the oflSceof said city recorder, and the city council shall cause the same to be published in two newspapers published in said city, and not belonging 372 SPECIAL PUBLIC LAWS. to the same political party, at least two weeks, once in each week, previous to the annual city election; the fiscal year shall commence on the first day of February in each year. Powere and du- 41. And be it enoctedy That the chosen freeholders, ties of other . . « -i . i» x x« offioere. commissioners of appeals in cases of taxation, survey- ors of the highways, constables, overseers of the poor, and poundkeepers, elected or appointed as aforesaid, shall respectively possess the powers and perform the duties of the like officers of any township of this state, so far as such powers and duties shall be consistent with the pro- visions of this act. ProceMma^be 42. And he U €7uictedf That whenever an oath or affirm- tSn^/o'rS-^^* ation shall be made according to law, and filed in the nances. office of the mayor or of any justice of the peace of the said city, that any person or persons has or have been guilty of a violation of any of the ordinances of said city, the said mayor or justice of the peace shall be empowered to issue a process, either in the nature of a summons or warrant, against the person or persons so charged, which process shall, when in the nature of a warrant, be return- able forthwith, and when in the nature of a summons, be returnable in not less than five or more than ten days ; such process shall state what ordinance has been violated by the defendant or defendants named in such process ; and on the return of such process, or at the time to which the said mayor or justice of the peace shall have adjourned the same, which adjournment, from time to time, the said mayor or justice of the peace shall have power to make, and to cause the defendant or defendants to give bail or security for his future appear- ance, or to commit him to jail, in default thereof pending such adjournment, the said mayor or justice of the peace shall proceed to hear testimony and give judgment in the matter without the filing of any pleadings ; and the said mayor or justice of the peace shall, if the defendant Execution to Or defendants be adjudged oefore him to be guilty of defoiSnt'"&o ^^^^ violation of any of the ordinances of said city, e en an , o. f^j^j^^j^}^ issue exccution against the goods and chattels and person of the defendant or defendants, for the amount of tne fine imposed, with costs, or shall commit said defendant or defendants to the county jail if judgment of imprisonment shall have been, in the said cause, pro- SESSION OF 1875. 373 nounced and given against the said defendant or defend- ants, by the said mayor or justice of the peace. 43. And be it enacted^ That each and every penal ordi- OrdinAnce to nance, ordained by the city council of the saia city, shall pSJS"y!^ prescribe a penalty, either of fine or of imprisonment, or of both, for the violation thereof; and any judgment to be given by the mayor or any justice of the peace of said city, in any proceedings had under and by virtue of the next preceding section of this act, shall be limited to the penalty or penalties prescribed in the ordinances, for the violation of which, any complaint shall be made as afore- said. 44. Arid be it enacted^ That it shall be duty of the i>a>3: of keeper keeper of the jail of the county of Cumberland, to receive **^^***' and safely keep at the expense of the county of Cumber- land, every person who shall have been committed by the mayor or any of the lustices of the peace of said city, to the county jail, under the authority herein con- ferred, or by virtue of any of the ordinances of said city. TITLE FIFTH. OP THE BOARD OF EDUCATION AND OF THE PUBLIC SCHOOLS OF SAID CITY. 45. And be it enacted, That the city council, at their Apiwintment last meeting in June, one thousand eight hundred and *Si^®™t®^ seventy-five, and annually thereafter, shall appoint onetee8,ofpubiio trustee of public schools in each ward in said city, to fill '*^^^'- the offices of those trustees of public schools whose terms expire in said year, and afterwards ; the term of office of said trustees shall begin on the fourth day of July in each year, and they shall respectiyely hold their offices for the term of three years. 46. And be it enacted, That the school superintendent Board of and the trustees of public schools of the said city, ft8®**Ur^*^'dd herein provided for, shall constitute the board of educa-SeT "*° tion of said city, and shall have the direction and control of the public schools thereof; and the said board of education shall prepare and transmit to the city council of the said city, on or before the first day of August in each year, an estimate of the amount of moneys neces- 374 SPECIAL PUBLIC LAWS. Moneys, bow expended. Treasnrer to pay over money. Board to make report. Report to be spo iblii publisbed. sary for the support of public schools in said city during the year, which estimate shall specify particularly, under the several heads of repairs of school houses, salaries of teachers, school books, school furniture, school libraries, stoves and fuel, and incidental expenses, as nearly as may be, the several sums required for each branch of expen- diture; and the said city council shall determine by resolution, the amount of money to be appropriated to public schools during the year, including therein the quota of the city of Bridgeton, of the annual appropria- tion made by the state for the support of public schools ; and the said city council are hereoy emj)owered to raise by tax, such sum or sums of money for the support of public schools, and the purchase of land, and the erection thereon of buildings for the use of the public schools of said city, as they may deem expedient and necessary; and all moneys so raised and appropriated shall be ex- pended by the said board of education for the support of public schools in the city of Bridgeton, according to law ; except such money as shall be raised and appropriated for the purchase of land and the erection of school buildings thereon, which shall be expended under the direction of the said city council. 47. And be it enacted. That the city treasurer shall, in each year, pay over to the school superintendent, such sum of money as the city council may have ordered to be raised by tax, for the support of public schools in said city. 48. And be it enacted, That the said board of education shall, on or before the first day of August, in each year, prepare a report embracing the number of schools under their charge, specifying their grades, the number and names of the teachers, the number of pupils on the rolls, and the average attendance in each school, and a full and true account of the expenditures of said board during the year, under the respective heads of repairs of school houses, salaries of teachers, school books, school furniture, school libraries, stoves and fuel, and incidental expenses, and shall transmit the said annual report to the city council, who shall file the same in the office of the city recorder ; and the said board of education shall cause the said account of the expenditures of the said board during SESSION OF 1875. 375 the last year to be published, for two weeks, once in each week, in one or more newspapers published in said city. TITLE SIXTH. OF STREETS, HIGHWAYS, ETC. 49. And be it enacted, That the city council of said city. Appointment upon petition of not less than fifteen freeholders of said of commissioii- city, shall appoint three persons to act as commissioners &o., streets, to lay out, open, widen, alter, or vacate any street, road, {Jj^^enTac^* lane or alley in said city ; the said commissioners shall take and subscribe an oath or affirmation to act faithfully and impartially in the premises; they shall cause at least ten days notice of their meeting, together with a general description of the improvement applied for, to be set up in three of the most public places in said city, and shall cause one insertion to be made in one of the newspapers published in said city, and at the time appointed view the premises and hear objections, if any shall be offered ; after which, if the said commissioners or any two of them shall adjudge the improvement or alteration applied for proper and necessary, they shall establish it, and shall make an assessment of the damage, if any, the owner ofMaymakeae- any land or real estate, other than the applicant or appli-»««mentB for cants, will sustain by laying out or altering said street, *""*^^' *^* over and above the advantage that will, in their judg- ment, accrue to said owner; and also shall make return in writing, under their hands, together with a map and survey containing a particular description of such im- provement, and shall appoint a time for opening or closing the same, which return and map shall be filed in the office of the city recorder, and shall be open to the inspection of all parties interested ; in case the said return shfidl be confirmed by the city council, the same shall be so endorsed under the hand of the city recorder and the seal of said city, and shall be filed, together with said map, by the said city recorder in the clerk's office of the county of Cumberland, and shall be recorded in the road book of said county by said clerk, who shall be entitled to the same fees as for recording the return of the laying out or vacating public highways ; provided, however, that ProvUo. no return shall be confirmed by tlie city council until at 376 SPECIAL PUBLIC LAWS. least ten days' public notice has been given by two in- sertions in one of the newspapers published in said city, of such return' made to the city council, and to whom any . person feeling aggrieved may appeal for relief, cawpereona*" 50. And be U euocted, That if any person or persons are diasatiefied shall be dissatjsfied with the assessment of damages made wu^^a88€88- ^^ ^^^^ ^.^ commissioners, they may within twenty days after the said return shall be filed in the clerk's office as aforesaid, file their notice of appeal therefrom in said office; after which the said appellants may apply to the next term of the court of common pleas of said county, and in case the next term of said court shall begin in less than twenty days after the said return sliall be filed in the clerk's office as aforesaid, they may apply to the next succeeding term, and the said court shall appoint three disinterested chosen freeholders of said county to review the said assessment made by the said commissioners, and lessen, increase, or confirm the same, as to them, after taking into consideration the advantage and disadvantage that will accrue to said owner, shall seem fit and just ; and the report of the said chosen freeholders, or a majority of them, made in writing, under their hands, shall be nled in the office of the city recorder, and shall be open to the inspection of all parties interested ; in case said report of the said chosen freeholders shall be confirmed by the city council, the same shall be so endorsed under the hand of the city recorder and the seal of said city, and shall be filed in the clerk's office of the county of Cumberland, whenretnraof 51. And be it enocUd^ That the return of any street, streets, Ac, road, lane, or alley, made by the said commissioners, and afe to tie recor* > * v * v • ded. confirmed by the city council, and filed in the clerk's office of the said county, as provided in the second pre- ceding section, shall not be recorded by the clerk of said county in the road book of said county until after the expiration of twenty days from the filing of the said return in the clerk's office aforesaid ; and in case an appeal from the assessment of damages made by said com- missioners shall be made to the court of common pleas of said county, as is provided in the next preceding section, then the return of the said commissioners and the map accompanying the same shall not be recorded by the clerk of said county in the road book of said county, nor shall the same be opened as a street, road, lane, or alley. SESSION OF 1875. 377 until the city council shall approve and confirm the streets, &c., not report of the said chosen freeholders, and until the same lJJ,{if cmTu^' shall be endorsed and sealed, as is provided in the pre-ooufirm report, ceding section, and filed in the said clerk's office ; which said report of said chosen freeholders, when approved, confirmed, endorsed, sealed, and filed, as aforesaid, shall then be final and conclusive to all the parties interested. 52. And be it enacted, That the said commissioners, compensation, and the said chosen freeholders, shalL be entitled to have and receive two dollars each per day, for their services aforesaid, which sum shall be paid to the said commis- sioners by the applicants, and to the said chosen free- holders by the appellant or appellants. 53. And be it enacted, That the city council may cause streets, &c., any street, road, lane or alley in said city, laid under this ^*^®" P"Wic act, to be opened at the time named by the said com- ^ ^*^' missioners aforesaid, for opening the same ; and all build- ings or other obstructions to be removed therefrom, and said street, road, lane or alley, shall thereupon be a public highway ; provided^ that it shall not be lawful for the city Proviso, council to open, widen or alter any street, road, lane or alley, under this act, until the damage assessed as afore- said, shall have been paid or legally tendered by said city of Bridgeton. 54. And be it enacted, That it shall not be lawful for any Assent of coun- new street or streets to be opened within the limits of the ®i!/? ^,^^^ city of Bridgeton, except in the mode prescribed in this fore anv new act, unless the applicant or applicants for said new ***'®^^d ^ street or streets, first secure the assent of the city council to the opening of the same, after ten days' notice has been given, in three of the most public places of said city, and describing in said notices the location of the street or streets to be applied for. 55. And be ii enacted, That it shall be lawful for the width and city council of said city, by ordinance, to limit, fix and k"****® of define the width and grade of the streets and sidewalks belfxed by ' of the said city as now used, or hereafter laid out ; and ordinance, if any owner or owners of real estate in said city shall neglect or refuse to comply with any ordinance of the city council, passed under the authority of this act, for grading, paving, curbing, laying, cleaning and repairing the streets and sidewalks of said city, for the space of thirty days after personal notice of said ordinance served 25 378 SPECIAL PUBLIC LAWS. Council may upon such owner or owners, or left at his or their place of be^done**!? ^^ residence, if a resident of said city, or if a non-resident ownera refute, of Said city, after a notice of said ordinance addressed to said owner by name, if the same be known, or if un- known, addressed to the owner or owners of the real estate referred to in any such ordinance, and giving a brief description of said real estate, shall be published in two newspapers not belonging to the same political party and pubhshed in said city tor three weeks success- ively once in each week, it shall and may be lawful for the city council to cause the said work to be done, and to pay for the same out of any money in the city treasury not otherwise appropriated. Manner of ap- 56. And be it enoctedy That when any work shall be SSItl whin"' °^ caused to be done and paid for by the said city council, work caused as provided for in the next preceding section, it shall be to be done, ^j^^ ^^^y ^^ ^^^ Superintendent of the highways, or other person in charge of said work, to apportion the cost of said work as against each of the said persons to whom notice or notices shall have been given, as required by the next preceding section of this act ; and that in making the said apportionment of the cost of such work, the said superintendent ofvthe highways, or other person in charge of said work, shall have respect both to the front of the real estate of such person or persons upon the public street or highway, and the expense of the said work upon each of the said several tracts of real estate belonging to such person or persons, as nearly statement to as he can ascertain the same ; and he shall file a particu- be made. jg^j. statement of the cost of the whole of the said work, to- gether with his aforesaid apportionment of the cost of the same, verified by an affidavit to the effect that the same is just and true to the best of his knowledge and belief, in the office of the city recorder. Apportionment 57. And be U enoctcd, That after the filing of the ^jj^^^^y^ statement and apportionment as aforesaid, the said "The ^it!** ^ City of Bridgeton" may sue for and recover, in any court of competent jurisdiction, from each and every person or persons in said apportionment mentioned, his or their proper proportion of the cost of any such work as the same is shown by the aforesaid apportionment, with interest upon the same from the date of the filing of the aforesaid statement and apportionment in the office SESSION OF 1875. 379 of the city recorder, together with the costs of suit ; said suit shall be an action of assumpsit, and the plaintiff therein may declare upon the common counts and annex a copy of the statement and apportionment to his said declaration, or in case the said suit - be begun by writ of attachment, the said "The City of Bridgeton" if it be the attaching creditor, or an applying creditor under any attachment to recover any such sum, shall file a copy of such statement and apportionment with the ^(favit made in such proceeding. 58. And be U enacted, That upon the trial of any such Copv of state- suit, a copy of any such statement and apportionment, Jl'enoe.^^* duly certified under the hand of the city recorder and the seal of the said city of Bridgeton, shall be conclusive evidence of the execution and cost of any such work, and of the proper apportionment of the same or any part thereof, to the several persons named therein. 59. And be it enaetedy That in the case of any corporation, Notice may be the notice required by the fifty-fifth section of this act p^^Jj^j^^^P^^^ .shall and maybe served upon the president or vice of any coVpo ' president thereof, if a resident of said city, or otherwise, ''**^**°* upon any of the directors thereof who may reside in said city, or upon the clerk or superintendent thereof, at the ofiBce of said corporation ; and in all other respects any corporation may be proceeded against as if it were a person, not a corporation. TITLE SEVENTH. MISCELLANEOUS PROVISIONS. 60. And be it endded. That upon the trial of any issue, No person in- or upon the judicial investigation of anj' fact to which the j^{!*'®°^** * " The City of Bridgeton" is a party, or in which the said city is interested no person shall oe deemed to be incompetent as a judge, juror or witness, by reason of his being an in- habitant or freeholder of said city ; and that if any person shall be sued or impleaded by reason of anything done by virtue of this act, it shall be lawful for such person to plead the general issue, and give this act and special matter in evidence at the trial. 61. And be it enacted. That all ordinances of the said Ordinances, city passed under and by virtue of the provisions of an ^^^ 380 SPECIAL PUBLIC LAWS. act entitled " An act to incorporate the city of Bridgeton," approved March twenty-ninth, eighteen hundred and sixty-four, and the several supplements thereto, not in- consistent with this act, shall continue in force until altered or repealed by the city council. Lawstoapper- 62. And be it enadedy That all the duties heretofore im- Bridgetun!^ **^ posed by the laws of this state upon the inhabitants of the several townships thereof, so far as the same are consistent with the several provisions of this act, shall appertain and be sustained and performed by " The city of Bridge- ton," and that all the rights, privileges, emoluments and advantages heretofore conferred by flie laws of this state upon the inhabitants of the several townships thereof, so far as the same are consistent with the several provisions of this act, shall appertain to and be held and enjoyed by " The city of Bridgeton," in like manner as they were or might have been sustained and performed, and held and enjoyed by " The inhabitants of the township of Bridge- ton, in the county of Cumberland," and by "The in- habitants of the township of Cohansey, in the county of Cumberland," had this act never been passed. Mayottopay 63. And be it enacted, That all fees for licenses shall be fe^^ 8nd°fine««. paid to the mayor of said city, who shall pay over the same to the city treasurer ; and the said mayor, and any justice of the peace, before whom any fines are or have been recovered by virtue of any of the provisions of this act or of any of the ordinances of said citj% shall pay over the same to the city treasurer, and report the amount of the same to the city council; the said mayor shall also report the amount of the fees received for licenses, and shall make his reports at least once in every three months. Police officers, 64. And be it enacted, That any police oflScer or con- offendere *"****' stable of Said city is hereby authorized, on witnessing any breach of the peace, or any violation of any of the ordi- nances of said city, forthwith to arrest the offender or offenders, and to confine the said offender or offenders until a hearing can be had before the mayor or one of the justices of the peace of sdid city, and to bring the said offender or offenders before said mayor or one of the jus- tices of the peace of said city, who shall take cognizance of the offence. 65. And be it enacted, That each of the wards of said SESSION OF 1875. 381 city shall be allowed the same number of commissioners ConwniMiouera of deeds, as the respective townships in this state are now^*^ ^®®^"- or may hereafter be entitled to. 66. And be it enacted. That from and after the passage Rep«ai©r- of this act, all acts and parts of acts inconsistent with or repugnant to this act be, and the same are hereby re- pealed ; but nothing herein contained shall be construed How con- so as to destroy, impair, or take away any right or remedy ^^''"®^- acquired or given by any act hereby repealed ; and all proceedings commenced under any such former act shall Former pro- and may be carried out and completed, and all prosecu- ^^pY^^^^^j^^^^. tions for any offense committed, or penalty or forfeiture incurred, shall be carried on in all respects in the same manner and with the same effect as though this act had not been passed ; and the provisions of this act shall not be construed to apply to or in any wise affect any person who has heretofore been elected to any office at any annual city election, so far as relates to said office. 67. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved March 25, 1875. CHAPTER CCXXIX. An Act to facilitate the collection of taxes in the town- ship of Stockton, in the county of Camden. 1. Be it enacted by the Senate and General Assemlly o/ Lands may be ihe State of New Jersey, That the township committee of »<^'^' for nop. the township of Stockton, in the county of Camden, shall fax^^.^ ^ have power to enforce the collection of all delinquent taxes heretofore assessed or which mav hereafter be assessed on any real estate in said 'township, whether owned by residents or non-residents of this state, by ex- posing the same for sale, or so much thereof as may be suflBcient to pay said taxes, and the costs thereon at public vendue, to the person or persons who will take the least quantity of said land, to be laid out in one body. 382 SPECIAL PUBLIC LAWS. Collector njfty bid on such lauds. Collector to make return, before lands arc' sold. Penafty. Copy to be cxec.-uted, And pos>re4 up- Delinquents may pay tax. Notice to be published of lime and place of »ale. and to commence at some designated comer of the E remises on which said delinquent taxes are claimed to e due ; and in case where the said committee may deem it for the iriterest of the township^ they may authorize the collector of the township to appear at such sale, and bid on such lands as are offered for sale as aforesaid, in the name of the township; the lands so sold to him, if any, to be the property of said township. 2. And be it enacted, That no land shall be sold by virtue of this act until the township collector shall have made a return to the township committee, that the taxes assessed on said lands are unpaid, and have by him been returned as delinquent, and shall verify the same by his affidavit attached thereto ; and the collector neglecting or refusing to make such return and affidavit, at least ten days before the annual township meeting for the election of officers, shall be liable to tne township for all said unpaid and delinquent taxes, not so returned. 3. And be it enacted. That within twenty days after iaid return by the collector of the township, the township committee shall cause a copy of said return to be recorded in the clerk's office, of said township, and a copy thereof to be posted in at least three public places in said town- ship, one of said places to be at the place where the last election of said township was held, the same to be certi- fied to and signed by the clerk of the township. 4. And be k enacted, That if any of said delinquents at any time before the expiration of twenty days after the first posting of said notices, shall appear before said clerk and pay said delinquent taxes and the costs, together with the additional sum of fifty cents as registry fee for said clerk, then in such case the clerk shall receive the same in the name of the township committee, and give his receipt therefor ; but in case such delinquent do not appear and make the said payment within the said twenty days, the township committee shall cause a cer- tified copy of the said returns and affidavit of the collector to be published in one or more newspapers pub- lished in said county at least six weeks, specifying the time and place when the same will be sold at public vendue as aforesaid, for the collection of said returned and delinquent taxes. 5. And be it enacted, That on the day mentioned in SESSION OF 1875. 383 said notice as the day for said sale, or on some subsequent chainnac of day to which said sale may be adjourned, the chairman ^I'J^JJn^r* ^ of the said committee shall at the hour named in said notice, proceed to sell the several tracts or parcels of land returned and unpaid, and in the order so returned, at public vendue as aforesaid, to the person or persons who will take the least quantity of said premises so offered, and pay the amount of said delinquent taxes with the costs of advertising and sale. 6. And be it enadedy That immediately after such sale. Certificate of the township committee shall execute and deliver to such ®*e^n/^'{^ person or persons who may become the purchasers of purchaaere. said lands, a certificate of such sale, describing the piece, or several pieces so sold as the case may be, together with the amount paid for the same entitling the holder thereof to a deed of the premises so sold; provided, that the proviso, owner or owners of said land or lands do not within one year from the date of said certificate appear before the said committee and deposit with them for the purchaser of said land the amount so paid by him, together with interest at fifteen per centum per annum, in which case the said certificate shall be deemed to be cancelled, and the amount so received shall on demand be paid to the party holding and owning such certificate. 7. And be it enacted. That a majority of the said com- Qaorum. mittee shall constitute a quorum for the purposes of this act, and may adjourn from time to time, as they shall judge proper. 8. And be it enacted, That this act shall be deemed to Repealer, be a public act and shall take effect immediately ; and all « acts or parts of acts inconsistent herewith, so far as relate to said township of Stockton, are hereby repealed. Approved March 25, 1875. 384 SPECIAL PUBLIC LAWS. CHAPTER CCXXX. A Further Supplement to an act entitled "An Act con- cerning taxes," approved April fourteenth, one thou- sand eight hundred and forty-six. Time of finish. 1. Be IT ENACTED by tlie Senate and General Assembly of mfiur*" ^^^ State of New Jersey, That the assessors of the several townships, towns, wards, boroughs and cities in the county of Middlesex, shall hereafter in each and every year, make and finish their assessments required by law, be- tween the fifteenth day of April and the fifteenth day of June, and shall meet as a board of assessors on the last Tuesday in June in each and every year. Time of meet- 2. And be it euadedy That the commissioners of appeal, ironere^oTap!* ii^ cases of taxation in the city of New Brunswick, in peaJ- said county, shall meet in each and every year hereafter, on the third Tuesday in July, to perform the duties required of them by law. Tax, when due 3. And be it enactedy That all taxes hereafter assessed in and payable, ^j^^ g^j^ ^j^y ^f jj^^ Brunswick, shall become due and payable on the first Tuesday of September in each and every year. Deductions 4. And be it enacted, That if any person or party Sk)wed, if assessed in the said city of New Brunswick, shall pay to twcea are paid the collcctor of taxes at any time on or before the "first tain time!'^'^ day of August in any year hereafter, the taxes assessed against him, her or it for that year, the collector shall allow and deduct two per centum from the amount thereof, and the payment of the balance shall be in full of the tax assessed ; and if any person or party shall pay the same after the first day of August and before the fifteenth day of August, then the said collector shall in like manner allow and deduct one per centum on said amount of tax, and payment of the balance shall be in full : and if any person or party so assessed shall pay the same after the fifteenth day of August and before the first Tuesday in September, the said collector shall in like SESSION OF 1875. 385 manner allow and deduct one-half of one per centum from the amount assessed, and the payment of the balance of said tax shall be in full. 5. And be it enacted, That in all casies where said taxes Taxes, when shall not be paid on or before the first Tuesday in{°^^''*°' September, when the same shall become due, the collector shall add one per centum of the amount assessed to said tax, and collect the same therewith ; and if not paid on or before the first day of October next, after the same shall become due, then the said collector shall add to said tax and collect therewith two per centum of the amount assessed ; and if not paid on or before the first day of November next, after the same shall become due, then the said collector shall add to said tax and collect therewith three per centum of the amount assessed ; and upon all taxes remaining unpaid after the first day 01 November in each and every year, the said collector in addition to said three per centum, shall charge and collect at the rate of twelve per centum per annum on the amount assessed from tne time when said taxes became due, to the time of their payment. 6. And be it enacted, That the collector of taxes shall, ^„^i^i,^^ between the first and fifteenth days of July in each and ^" every year, [give] public notice twice in every week, in all of the daily papers published in said city, for the space of three months, of the provisions contained in the fourth and fifth sections of this act ; and all remissions RemisBionaand and reductions made by the commissioners of appeal on b^^;;2;IZL' taxes paid before their hearing and determination of any appeal from the same, shall be returned by the collector to the persons or parties entitled to receive them, on presentation of a certificate of said reduction or remission from said commissioners. 7. And be it enacted, That this act shall take effect im* mediately. Approved March 26, 1875. 386 SPECIAL PUBLIC LAWS. CHAPTER CCXXXI. roads. Keetiiif^ of \e^a\ votera An Act to authorize the voters of the township of Jack- son, in the county of Ocean, to elect their Overseers of Roads, by Districts. Power to elect 1- Be IT ENACTED by the Senate and General Assembly of overaeerB of the State of New Jersey, That the legal voters of the town- ship of Jackson, in the county of Ocean are hereby empowered to elect in each road district their overseer of road, in the same. 2. And be it ena>cted, That the said legal voters of each road district shall meet at a place most central in each district, on the. last Saturday before the annual town meeting in said district, by notice put up ten days before said election, in three conspicuous places in each district by the overseer. 3. And be it enacted, That the polls shall open at two o'clock, P. M., and remain open one hour ; and said election shall be by ballot. 4. And be it en"»• in such elections, no ballot shall be counted for said judges of election which shall contain the name of more than one person for that office, and the two persons receiving the highest number of votes therefor snail be declared to be elected. 4. And he it enactedy That the common council shall ^''^^•of «*®c- ! appoint a district clerk, to act as clerk of election in each *^° ^ ^"' of said districts ; and that the said assessor, chairman or chairmen, judges of election and district clerks, shall severally perform the. same duties, and have the same f)owers as judges of election and clerks, under existing aws ; and that all elections which may be held by them, in their several districts, shall be conaucted as nearly as possible in the same manner, and shall be subject to the same rules as elections for members of the legislature of this state. 5. And be it enacted. That the said common council are hereby authorized and empowered, in their discretion, 392 SPECIAL PUBLIC LAWS. Powerofooun-to make and enter into any contract or contracts with comro?/with*^ ^^^ municipal authorities of any adjoining township, for townnhips, for the usc of the fire department and apparatus of said city, parimOTr**^ upou such terms as shall be mutually satisfactory. 6. And be it enacted, That all acts and parts of acts, in- Kepeaier. Consistent with the provisions of this act, shall be and the same are hereby repealed ; and that this act shall take effect immediately. Approved March 25, 1875. Preamble. Township re leased from payment of state and county tax. Assessment, declared void. CHAPTER CCXLII. An Act relative to taxes in the county of Middlesex. Whereas, in the year one thousand eight hundred and seventy-three, in making the valuation of property in the township of South Amboy, in the county of Mid- dlesex, the assessor took the valuation of property held by the Pennsylvania Railroad Company, lessees, at ten hundred and eighty-one thousand dollars, in excess of what it should have been ; the tax upon which said sum amounted for state and county purposes, to nine thousand four hundred and four dollars and seventy cents, and the said excessive valuation having been returned to the board of assessors, and by them made the basis for determining the amount of state and county tax to be raised by said township, which now stands charged with said sum in the accounts of said county ; and it being just and equitable that the said township should not be required to pay tax upon such erroneous valuation ; therefore, 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the inhabitants of said town- ship of South Amboy, be and they are hereby released from the payment of state and county tax on such erroneous valuation, which tax amounts to nine thousand four hundred and four dollars and seventy cents ; and that the assessment upon such excessive valuation is hereby declared null and void. SESSION OF 1876. 393 2. And be it enctctedy That the assessor of South Amboy, Duty of awes- be and is hereby directed in making the assessment for JJJ[ji?^|^*^*^ taxes in the year eighteen hundred and seventy-five, to ment, for state include in such assessment the balance of state and*"*^*'®^"*^***- county tax due the county of Middlesex, for the year eighteen hundred and seventy-three, after deducting the said nine thousand four hundred and four dollars and seventy cents from the amount fixed by the board of assessors, to be raised by said township, for said year eighteen hundred and seventy-three. And Whereas, The said county of Middlesex, has paid Preamble, into the state treasury tax upon such erroneous valua- tion amounting to three thousand five hundred and sixty-seven dollars and thirty cents; therefore, 3. And be it enactedy That the state treasurer be, and state treasurer is hereby required to pay to the county collector of said Jj^n^fopf ®"°'^ county of Middlesex, for the use of saia county, upon the warrant drawn in the usual manner, the said sum of. three thousand five hundred and sixty-seven dollars and thirty cents. 4. And be it enactedy That this act shall be deemed a public act, and shall take effect immediately. Approved March 29, 1875. CHAPTER CCXLIII. An Act relative to Reservoir Number Three, of the Jersey City Water Works. Whereas, A contract made on the second day of March, PreatAbie. A. D. eighteen hundred and seventy-one, l»ctween the water commissioners of Jersey City and Mitchell and Bridgeford, for building reservoir number three, of the Jersey City Water Works, and the same was assigned to Jeremiah B. Cleveland on or about the tenth day of January, A. D. eighteen hundred and seventy-two ; and whereas, the plans for building said reservoir were essentially altered by a resolution of 26 394 SPECIAL PUBLIC LAWS. the board of public works, but no advertisement was published for doing the work on the new plans sub- stituted for the original plans of construction, and the prices in the contract may not have been proper for the new work, and yet the said Cleveland proceeded to execute considerable of said work on said new plans, and claims that therefore a considerable sum of money is due to him ; and wh^eas^ the work should not be further proceeded with exceptafter competition is invited as required by law, though the said Cleveland may have an equitable claim for money due him in respect thereof; therefore. Work stopped, 1- Be IT ENACTED by the Senate and General Assembly of and plans, &a', the State of New Jersey f That the further prosecution of &c.,when**^ ' work on said reservoir shall be stopped; that complete determined specifications shall be prepared, and proper plans and "pon- drawings made therefor, and the work that the board or authority now having charge or hereafter having charge of the same thinks proper to have done on said reservoir, shall be definitely determined upon, and that the said board or authority after the preparation of such specifications and plans, and such determination, shall proceed to Proposals to be advertise for proposals for doing said work, and furnish- conu-wrtl) be*^ ^^S *'^^ materials necessary, in the manner that is or shall awarded. be directed by law in other cases of public work in Jersey City, at the time of such advertisement ; and the contract for doing such work shall be awarded as shall be provided by law in cases of other public improvements of the same or like nature. Board or 2. And be it enactedy That the board or authority afore- submUquOT- Said shall, if said Cleveland desires it, submit the ques- tion of com- tion: "what compensation, if any, is equitably due to pensation, &o. ^^j^ Cleveland for what has been done or furnished by him or his assignors, either under the contract before stated with his assignors, or for work done or materials furnished for said reservoir or the sewer therewith con- nected, outside of that contract?" not however charging said Cleveland with any over-payment to Mitchell and Bridgeford for work done by them, if any such over-pay- ment there was, to the award and determination of such person or persons as said Cleveland and the board of finance and taxation of Jersey City shall agree upon, and the amount of said award, if in favor of said Cleveland, SESSION OF 1875. 395 shall be paid to him by the board or authority having control and charge of said reservoir, in full of all claims and demands against such board or said city or any de- partment thereof, and upon his executing and delivering to said city a release of all demands in respect of the matters aforesaid. 3. And be it enacted, That this act shall take effect im- mediately. Approved March 29, 1875. CHAPTER CCXLVI. A Further Supplement to an act entitled "An act to revise and amend the charter of the village of South Orange, in the county of Essex," passed April fourth, one thousand eight hundred and seventy-two, and the . several supplements thereto. 1. Be it enacted by the Senate and General Assembly o/ Boundaries. ths State of New Jersey, That the territorial limits of said village of South Orange shall be as follows, to wit : be ginning at a point in the southeasterly line of Centre street, where the same is intersected by the northerly boundary line of the township of South Orange ; thence in a direct line to a point in the middle of South Orange avenue, one hundred feet southerly from the southerly corner of Seton Hall College Farm House ; thence in a direct line to a point in the middle of Irvington avenue, one hundred feet easterly from the easterly corner of the dwelling house formerlv of Mary Clark, deceased ; thence in a direct line to the southerly corner of lands of Catharine M. Hixon, in the centre line of Prospect street ; thence in a direct line to a point where the northeasterly line of land of Henry Fenner intersects a stone wall running along the brow of the mountain ; thence in a direct line along the brow of the mountain to a monu- ment stone in an angle of the northerly boundary line of 396 SPECIAL PUBLIC LAWS. the township of South Orange ; thence along the said boundary line to the place of oeginning. Term of oflBce 2. And be it eaoctcdy That the term of office of the of trubtees. president and board of trustees elected at the annual village election, shall commence on the Monday in April next succeeding said election. Discount on 3. And be it enacted^ That a discount of two per centum ^^s^menri" ^^^^^ be allowcd upon all taxes hereafter to be levied in wbeo allowed, the said village, which shall be paid on or before the draw^ntereBt. twentieth day of October in that year in which they shall become due and payable ; and all taxes not so paid shall draw interest at the rate of twelve per centum per annum, from said twentieth day of October until the same shall be paid ; and upon all assessments hereafter to be made for improvements of whatsoever nature, a like discount of two per centum shall be allowed where the same shall be paid within ninety days after the first publication of the notice mentioned in the fortieth section of said act, after the expiration of which period of ninety davs, said assessment shall draw interest at the rate of twelve per centum per annum. Wiit of cer- 4. And be it enacted, That no writ of certiorari shall be a«owed!^^^" allowed or issue to remove any assessment, repoit, ordinance, map, or other act, proceeding or writing what- soever, in relation to any improvement heretofore made or to be made in said village, unless the same be applied for within three months after the confirmation of such assessment, report or other proceeding, by the board of trustees of said village. Proceedings in 5. And be it enactedy That whenever, by the judgment ^Yrneivt la set ^^ any court wherein any certiorari may be brought, any aside, Jcc. asscssmcut made under the provisions of this act shall be set aside for irregularity or illegality in such assess- ment, it shall be lawful for said board of trustees to cause a new assessment to be made of so much of the amount of said assessment as shall be so set aside, or of the amount thereof remaining unpaid, said assessment so made anew to be made and become a lien, and to be pro- ceeded on in all respects in conformity with the act to which this is a further supplement, and whenever the said board of trustees shall discover that any proceedings relative to any improvements authorized by said act, are liable to be set aside by judicial authority, they may re- I SESSION OF 1875. 397 institute said proceedings from the point where any error, informality, or illegality commenced, and no assess- ment shall be deemed invalid in consequence thereof. 6. And be it enacted, That the board of trustees of said m^v ^imct village may, whenever they deem it expedient, direct by reuJd, flapped^ resolution, without notice of intention, the sidewalks or *« » by resoiu any section or portion thereof, in front of any lot or lots in said village to be laid or relaid, flagged or reflagged, or widened, and prescribe the manner in which said work shall be done, and thereupon shall cause notice in writing to be served on the owner or owners of said lot or lots, or upon their agent or agents, and in case such owner or owners, agent or agents cannot be ascertained, shall post or affix such notice in some conspicuous place upon said lot or lots, or upon the buildings if any thereon, and in said notice order and direct said work to be done within thirty days from the date of said notice, and in case said order shall not be complied with, said board of trustees shall cause said work to be done as required by said resolution in conformity with the ordinances of the said village, and the costs and expenses thereof shall Coets and be assessed and collected in the same manner as tor laying asieHned and out and opening streets. collected. 7. And be it enacted. That the indebtedness of said indebtedne.»H village for moneys borrowed in anticipation of assess- ro^^**"„^,^ \^^' paents for improvements, as provided for in section sixteen exceed a cer of the act to which this is a supplement, shall not at any ^**'^ «™ount. time exceed in the aggregate the sum of ten thousand dollars for all of said purposes, and shall not be increased at any time ; and the "improvement bonds" provided for improvement by said sixteenth section, may be made payable in not pajlabie"^^^" less than five nor more than twenty years from the date of their issue, and not more than ten thousand dollars of the principal of said bonds shall be made payable in any one year after their issue. 8. And be it enacted, That said board of trustees shall Tmaieea may have power at any time during the last five montfeefo^'mi^nj'enfot of any current year, to apply any moneys of said village bonds, &c. in their hands, (and not otherwise specifically appropri- ated,) in excess of the current expenses of the year, to the pavment of the principal of said improvement bonds, and to the purchase and cancellation of the same ; provided, that nothing herein contained shall be construed Proviao. 398 SPECIAL PUBLIC LAWS. Power to appoiDt a ool- lector of taxes. Duty of Gollec tor. Ameudmeot. ADieDdment Amendmeik. Repealer. to authorize an increased rate of taxation for the purpose of such payment, purchase or cancellation. 9. And be it enacted. That in addition to the officers now provided for by the act to which this is a further supplement, the board of trustees of said village may appoint a village collector of taxes, who shall be com- pensated, obligated, sworn and give such bond or other security for the performance of his duties as said board of trustees shall direct and require. 10. And be it enacted. That the duties now prescribed by sections twenty-eight and twenty-jiine of the act to which this is a further supplement, for the collector of the township of South Orange, shall hereafter be performed by said village collector. 11. And be it enacted. That the words "collector of said township," wherever the same occur in said twenty- eighth or twenty-ninth sections of said act, be stricken out, and the words "village collector," or "said village collector" inserted. 12. And be it enacted, That section twenty-three of the act to which this is a further supplement be and is hereby amended by adding the words "and that when such Eolice justice has jurisdiction, no judgment hereafter to e rendered, from which an appeal is given to the court of common pleas by this act or otherwise, shall be re- moved by certiorari or otherwise to the supreme ox circuit court for the correction of any supposed error therein, but the party thinking himself aggrieved shall have relief upon the appeal only, and that both as to matter of law and matter of fact." 13. And be it enacted, That the fifteenth section of the act to which this is a further supplement be amended by striking out the words "the twentieth day of May," an^ inserting "the fifteenth day of July," in lieu thereof. 14. And be it enucted. That all acts and parts of any act or acts inconsistent with the provisions of this act, shall be and the same are hereby repealed, and that this act shall be deemed and taken to be a public act and shall take effect immediately. Approved March 30, 1875. SESSION OF 1875. 399 CHAPTER CCXLVII. A Further Supplement to the act entitled " An Act to revise and amend the charter of the town of Orange," approved March third, eighteen hundred and sixty- nine. 1. Be it enacted by the Senate and General Assembly ofomonnt on the State of New Jersey^ That a discount of one per centum ^*|*®^'J[^^®" (instead of two per centum, as heretofore,) shall be here- after allowed upon all taxes to be levied in the said city of Orange, which shall be paid on or before the twentieth day of October of that year, in which they shall become due and payable ; and that if such taxes shall not be so paid, they shall draw interest, from and after that date, Taxes to draw at the rate of one per centum per month, or any fraction '"♦®*'®"*- of a month, until the same, with all interest and costs thereon shall be fully paid. 2. And be it enacted^ That any and all sums of money T^xes raibed which may be ordained by the common council to be for iii?htiiJK of raised by tax in any year, for lighting the streets of said Ll^iid.^^ city^ shall be assessed upon all the real and personal estate which may be assessed on the line of said streets, or such part or parts thereof as may be so lighted ; and that Duties and the assessors of thQ several wards shall keep the announts^°^|JP^|JJJ*jjJ*'' so to be assessed for the lighting of streets, in a separate column upon each of their respective duplicates; and that said assessors shall receive three cents a name for such additional service ; and that the amount, or amounts, so to be appropriated for the lighting of streets, shall not be required to be included in the limitation of taxation to one hundred cents on every hundred dollars of assessed property, mentioned in the eighth clause of the twentieth section of said act. 3. And be it enacted^ That the word " white," and also Repealer, the words " liable to a poll tax," in the forty-fourth sec- tion of said act, be and the same are hereby repealed. 4. And be it enacted. That all resolutions of the common Resolutions to council which may involve the expenditure of money, ^ S© mayor. 400 SPECIAL PUBLIC LAWS. Board of education, may employ persons to make lists of shall, in precisely the same manner as ordinances, be laid before the mayor for his approval, and be approved or returned by him and in case of such return, may be re- considered and passed by said council, and that, when so approved, or when so reconsidered, or when not returned by said mayor to said council, such resolutions shall take effect in like manner as ordinances. 5. And be it endctedy That the board of education shall have power in their discretion to employ any person or persons, other than the assessor or assessors of any ward schoolchildren, or wards of the city, to make out the list or lists of chil- dren, with their respective parents or guardians, men- tioned and referred to in the forty-sixth section of said act, which list or lists shall be used for the objects and purposes stated in said section ; and that said board may Compensation, p^y f^^ g^^j^ gervice, at the rate of not more than five dollars for every one hundred names of the children con- tained in such list or lists ; and that in case the said board shall notify any such assessor or assessors of such deter- mination to employ any other person or persons for the said service, previous to the twentieth day of May, in any year, the said assessor or assessors, so notified, shall be discharged for that year of the duty required of him or them by said section. 6. And be it enacted, That the fiscal year of the board of education shall hereafter begin and end on the certain day, in each year, which is or may be appointed for the first regular meeting of the common council in the month of March ; and that the words " at least one month before the charter election," contained in the fortv-fourth section of said act, shall be and the same are hereby repealed ; and that, for the purpose of meeting a deficiency which may occur in the accounts of the board, for the present year, because of the above change in the fiscal year of Council may gaid board, the common council shall have power to tai?t™m«J ^ ordain to be raised, by tax, in the year one thousand deficiency, &c eight hundred and seventy-five, such additional sum of money for the support of schools as they may deem ex- pedient, not exceeding the twelfth part of the tax raised therefor in the year one thousand eight hundred and seventy-four. 7. And be it enacted^ That in addition to the moneys now authorized to be raised by tax, in each year, the Fiscal year. Repealer. SESSION OF 1875. 401 common council shall have power to raise, in the same Power to raise manner and at the same time, such sum or sums ofSrM^mJnt"f money as they may deem expedient, or may be necessary, aaseMments. for the payment of any assessment or assessments for any improvement, which may have been or may be assessed on the city at large. 8. And be it enacted, That no person shall be hereafter No person to allowed, within the limits of said city, to sell or permit^® *^',^'^®^J.° to be sold, on his or her premises, any ale, beer, porter, ac, without a cider or wine, until such person shall have first been *»<^"»«- licensed therefor by the collector of taxes, and shall have paid to him, for the use of said city, a license fee of thirty ^^ ^r license dollars, and shall have filed with him a letter of recom- «"'d recom- mendation, recommending the applicant as a person of S^fii^J**"' ^ good moral character, and of good repute for temperance, and signed by at least six legal voters and freeholders of said city, who have not signed any similar letter of recommendation within the year next preceding the time of such application being made ; that such license shall run for the term of one year from the time of such payment, and no longer ; and that the said common council may, at any time, and in their discretion, by the vote of a majority of their whole number, revoke any such license ; and that, in such case, such revocation shall take effect from the time of the service of a copy of the resolution of said council revoking such license, attested by the city clerk, upon the person so licensed, or by posting the same in some conspicuous place in or about his or her premises ; and that an affidavit as to the time and manner of such service, shall be filed by said clerk in the office of the said collector of taxes, and shall there- after be received, in all courts and places, as full and complete evidence of the facts therein stated; and that Collector to the said collector of taxes, in case of any such revocation of'^^^ei?^'^/^" of any such license, and upon demand made by the when revoked, person so licensed, at any time before the expiration of the original term of such license, but not afterwards, shall repay to said person such portion of the license-fee by him or her paid as shall be fairly proportioned to the unexpired portion of said term ; and that if any person, Lioensw, how so licensed, shall be convicted, by the judgment of any'^^^^ court, of the violation of any ordinance or ordinances of the common council regulating restaurants, victualing 402 SPECIAL PUBLIC LAWS. PenaUy for violation. reoovered. houses or cellars, ale and lager beer saloons and gardens, the said license, so granted to him or her, shall be there- by and for that cause revoked, for the balance of the term thereof, and he or she shall not be entitled to receive any new license for the sale of any or all of the above mentioned liquors, for the period of six months from the time of such conviction ; and that if any person or per- sons shall violate any of the provisions of this section, by selling any or either of the above mentioned liquors, without such license, or after the same has been revoked as aforesaid, he, she, or they shall forfeit and pay a fine of twenty dollars for each and every ofifense ; such fine, with costs of suit, to be recovered by the said city, in an Penalty, how actiou of debt, bcforc the police justice or mayor of said city ; and that such action may be prosecuted, and that execution may issue upon any judgment to be obtained therein, as nearly as possible in the same manner as in the recovery of a penalty for the violation of any ordi- nance of said common council ; providedy however, that this section shall not apply to any inn or tavern-keeper, or to any person who may sell any such liquor for the purpose of being drank off the premises where sold. 9. And be it enacted, That the ninety-fourth section of said act, and the seventh section of a certain supple- ment thereto, which was approved March twenty-eighth, eighteen hundred and seventy-three, and the second and third sections of a certain other supplement thereto, which was approved March twenty-sixth, eighteen hundred and seventy-four, together with all acts, and parts of acts, inconsistent with the provisions, of this act, shall be and are hereby repealed ; and that this act shall be deemed and taken to be a public act, and shall take effect imme- diately. Passed March 30, 1875. Frortoo. Hepealer. SESSION OF 1875. 403 CHAPTER CCXLVIII. An Act to authorize the township committee of the town- ship of Freehold, in the county of Monmouth, to borrow money. 1. Be IT ENACTED by the Senate and General Assembly o/ Power of com- theStat€ of New Jersey, That it shall be lawful for the|;;|i;S'/^ ^""^ township committee of Freehold township, in the county of Monmouth, to provide for an existing indebtedness against said township by issuing bonds in the corporate name of said township, to be signed by said committee of said township, or any two of them, and attested by the clerk for an amount not exceeding twelve thousand Amount, dollars, in such sums and payable at such times as the said committee shall deem proper, and bearing interest at the rate of seven per cent, per annum, and to pledge the property and credit of said township for the payment of the same ; provided, that na bond shall be sold for less proviso, than its par value. 2. And be it enacted, That the said township committee To provide by are hereby empowered to provide by taxation for the p^"J|^"j' Jj^ payment of such bonds, and the interest accruing bonds ic. thereon ; and that the said township shall yearly, until the said bonds shall be redeemed and satisfied, cause to be assessed and collected by tax, at the time and in the manner that other taxes in said township are assessed and collected, a sum of money sufficient to pay the principal and interest accruing on the said bonds at such times as the same shall become due and payable ; and that the collector of the said township of Freehold, Collector to when such tax or any part thereof shall be collected, Pf^^j^T®' shall pay the same to the township committee of said township, and the same money shall be by them applied to pay the principal money and interest accruing on said bonds as the same shall be due and payable. 3. And be it enacted, That this act shall take eJBfect im- mediately. Approved March 30, 1875. 404 SPECIAL PUBLIC LAWS. CHAPTER CCXLIX. An Act for the preservation of sheep in the township of Upper Pittsgrove, in the county of Salem. Committee to 1. Be IT ENACTED by the Senate and General Assembly of SSwun't'of ^^ ^^ ^f -^^ Jersey, That it shall be and is hereby damiMies, &c., made the duty of the township committee of the towu- doVic**^*^ ^'^ship of Upper Pittsgrove, in the county of Salem, in each ana every year after the passage of this act to ascertain the amount of damages which has been sustained during the past year by any resident of said township, by the destruction or wounding of his, her or their sheep or lambs by any dog or bitch, and also to ascertain the num- ber of dogs and bitches owned or harbored in said town- ship, and upon ascertaining the same the township com- mittee of said township shall direct the assessor of said Annsment township to make an assessment upon all owners or har- 55^°^°®"^* borers of any dogs or bitches tnerein, to an amount equivalent to the damages so sustained, said assessments to be made at such a rate upon every such owner or har- borer of any dog or bitch as said township committee may Proviso. deem equitable and just ; provided, the rate so fixed to be paid by the owner or harborer of any open bitch shall be at least double that imposed upon the owner or harborer of any dog in said township. Money raised, 2. And be it enocted, That the sums of money collected ^^riatS'*'^*^ by virtue of this act shall be exclusively appropriated by said township committee to make good any loss or losses which may be sustained by any person or persons, by the destruction or wounding of his or her or their sheep or lambs within said township ; and the amount so directed to be assessed and collected each and every year in said town- How assessed ship shall be assessed and collected by the assessors and and collected collectors appointed or elected in said township for the assessing and collecting of the state, county and township tax therein, in the same manner and at the same time as the other annual taxes in said township are now or shall be hereafter assessed and collected. SESSION OF 1875. 405 3. And be it enacted, That all acts, so far as they apply Repealer, to said township, which conflict with or are repugnant to ^ this act, be and the same are hereby repealed, and this act shall take effect immediately. Approved March 30, 1875. CHAPTER CCL. An Act to authorize and empower " The Board of Chosen Freeholders of the county of Cumberland," to issue bonds to an amount not exceeding fifty thousand dollars. Whereas, the county of Cumberland is already liable Preamble, for the payment of a floating indebtedness, unsecured by bonds, of thirty thousand dollars or thereabouts, besides its w^ar debt, and finds it will be probably necessary to incur an additional indebtedness for county purposes ; and whereas, the said " The Board of Chosen Freeholders of the county of Cumberland," at its last meeting, deeming it inexpedient at the present time to raise the money by immediate taxation to pay such indebted- ness, passed a resolution requesting that an application should be made to the legislature to pass an act author- izing and empowering said board to issue bonds to the amount of fifty thousand dollars to secure such already existing or future indebtedness; therefore, 1. Be IT ENACTED by tlie Senate and General Assembly o/ Power toiastie the State of New Jersey, That it shall be lawful for the said J^^^* " The Board of Chosen Freeholders of the county of Cum- berland," to issue bonds in the corporate name, and under the corporate seal, of said board, the same to be signed by the director and attested by the clerk of said board, for an amount of money not to exceed in the aggregate the sum of fifty thousand dollars, in such sums, and pay- able at such times as said board shall order and direct, and bearing interest at the rate of seven per centum per annum, payable semi-annually, and to pledge the property 406 SPECIAL PUBLIC LAWS. Board to pro- vide by taxa- tion, for pay and credit of said county for the payment of the same, which said bonds it shall be lawful for said board to sell and assign. 2. And be it enacted^ That the said " The Board of Chosen tion tor Freeholders of the county of Cumberland," shall have ment of Eonds, power and authority to provide by taxation, in said *<^- county, for the payment of said bonds and the interest thereon, and shall yearly and every year, until said bonds shall be redeemed and fully paid, order and cause to be assessed and collected by taxes, at the time and in the manner that taxes in said county are assessed and col- lected, such sums of money as may be necessary and sufficient to pay the interest on said bonds, as the same shall become due and payable, and to pay and discharge the principal sums thereof at the several times they shall become due and payable. 3. A7id be it enacted, That this act shall take effect im- mediately. Approved March 30, 1875. state, county, and school taxes, to be levied on pro- perty witbm city. Taxes not to be levied bv township au- thorities. CHAPTER CCLI. A Supplement to an act entitled "The Act to incorporate the city of Beverly, in the county of Burlington," ap- proved March twentieth, eighteen hundred and fifty- seven. 1. Be it enacted by the Senate and General Assembly of (hs State of New Jersey, That in addition to the corporate powers created by the above act, it shall and may be lawful for the assessor and collector of the said city of Beverly, to assess and collect the state, county, and school taxes levied on the property within the said city, and who shall perform the like duties as are now performed by the assessor and collector of the township of Beverly. 2. And he U enacted, That no taxes shall be levied on the persons or property within the corporate limits of the said city by the authorities of the township of Beverly. SESSION OF 1875. 407 3. And be it enacted, That the assessor of said city Duty of shall return his duplicate of assessments to the city treas-^"^* urer not later than the twentieth day of September. 4. And be it enacted, That the commissioners cf appeal Meetinj? of in cases of taxation, in and for the city of Beverly, snail ^f'Jp^'J*"®" convene on the fourth Tuesday of October, annually, to hear and determine all appeals. 5. And be it enacted, That the city treasurer, in case ofTreasnrerto the non-payment of any taxes by the twentieth day of JK^hiquenMax- November, in each year, (excepting when it shall happen pftyere. on a Sunday, then on the following day,) shall make out a list of the names of the delinquents, with the sums due from them respectively annexed, and deliver the same to the mayor, or resident justice of said city. 6. And be it efnaded, That the authority given the no street to be common council of the said city of Beverly to <^P^^ °Jndl^ unrew streets therein be and the same is hereby jnodified, so iu»ent'b« first that the assent in writing of the owners of two-thirds of ownersoMwo- the property in lineal feet upon line of any proposed thirds of Hneai street or upon any proposed extension of any street shall ^®®*' *®- first be obtained. 7. And be it enacted, That the common council of the MeetiRj^ of city of Beverly shall, at their first annual meeting elect *^,™'"^" *^<>"°- one of their own members as president, who shall preside at all meetings, and appoint all committees, of which he shall be a member ex-officio; in case of his absence, council shall appoint one other member present chair- man pro tem. 8. And be it enacted. That hereafter the mayor of said Term of office, city shall be elected for the term of three years, and that®^ mayor. he shall be exempt from being an ofiicer of council. 9. And be it enacted, That hereafter the common council officers, how shall appoint the marshal of said city, together with the *^'*°*°^^^' constables, harbor master, pound-keeper, and an overseer of the poor, instead of their being elected at the annual elections for other officers of the city ; the said officers shall be liable to removal from office, at any time, by the said common council for neglect of duty, or for any other cause. 10. And be it enacted, That one or more justices of the Justices of the peace shall be elected at the next annual election for city p®"®®- officers, to be elected for the city of Beverly, who shall hold their office for the term of five years. 408 SPECIAL PUBLIC LAWS. Repealer. 11. And be it enoctedy That all acts or parts of acts inconsistent with this act, be and the same are hereby repealed. 12. And be it enacted. That this act shall take effect im- mediately. Approved March 30, 1875. CHAPTER CCLII. A Further Supplement to the act entitled " An Act to establish a new township in the county of Cumberland, to be called the township of Landis.^' Power to erect, 1. Be IT ENACTED by the Senate and General' Assembly of ^'i^i^tar^ foun ^^ ^^ ^^ ^^^ Jersey, That the township committee of Sn", etaiuee, Laudis township, in the county of Cumberland, are hereby *raiit*"riin. authorized and empowered to erect, build, and maintain, f^8, &o.^ or to give and grant the privilege to any person or per- sons, association, or corporation to erect, build, and main- tain fountains, statues, and vases, in any of the public Proviao. parks, squares, or streets in said township; provided, that no moneys shall be expended by the township committee for this purpose, unless first voted for by a majority of the voters at their annual town meeting, stating the sum to be raised, and specifying the purpose. Penalty for 2. And be it enacted, That if any person or persons shall t«in""&i?"8ta- wilfully do or cause to be done any act or acts whatsoever, tues.'&c * whereby any of said fountains, statues, or vases shall be defaced or injured, the person or persons so offending shall be considered guilty of a misdemeanor, and on being thereof convicted, shall be punished by a fine not exceeding three hundred dollars, or imprisonment at hard labor not exceeding two years, or both, at the dis- cretion of the court ; such criminal prosecution shall not in anj' wise impair the right of action for damages by a civil suit hereby authorized to be brought for any such injury as aforesaid, in the corporate name of said town- SESSION OF 1875. 409 ship, in any court of this state having cognizance of the same. 3. And be it enacted^ That this act shall take eflfect immediately. Approved March 30, 1875. CHAPTER CCLIII. A Supplement to an act entitled "An Act to appoint har- bor masters and inspectors," approved March thirty- first, eighteen hundred and sixty-nine. 1. Be it enacted by the Senate and General Assembly o/ Jurisdiction the Sta^ of New Jersey, That from and after the passage ®**®"^®^' of this act, the jurisdiction of the harbor masters appointed under said act, shall be extended so as to apply to the entire county of Hudson, instead of the cities of Jersey City and Hoboken, as now provided for in said act. 2. And be it enacted. Thai this act shall take effect im- mediately. Approved March 30, 1875. CHAPTER CCLIV. A Further Supplement to the act concerning roads, ap- proved April sixteenth, eighteen hundred and forty- six, which supplement was approved March twenty- third, eighteen hundred and fifty-nine. 1. Be it enacted by the Senate and General Assembly o/ Amendment. the Staie of New Jersey, That the word "Warren," in the twenty-second section of the act entitled "A supplement to an act concerning roads, approved April sixteenth, eighteen hundred and forty six," which supplement was 27 410 SPECIAL PUBLIC LAWS. approved March twenty-third, eighteen hundred and fifty-nine, be and the same is hereby stricken from the said section. 2. And be it enacted^ That this act shall take eJBfect im- mediately. Approved March 30, 1875. Preamble. Part of road vacated, and closed. CHAPTER CCLXIV. A Supplement to an act entitled "An Act to incorporate the Jersey City and Bergen Point Plank Road Com- pany," approved March sixth, one thousand eight hun- dred and sixty. Whereas, that portion of the plank road, of the Jersey City and Bergen Point Plank Road Company, lying between the southerly line of Forty-first or Division street, as the same is now laid out and opened in the city of Bayonne, and the north'erlv line of Huron avenue, as now laid out and opened in said city, has ceased to be used by the said company for the purposes contemplated in its charter and the several supple- ments thereto, and by the public as a highway, and such portion has been actually enclosed by the adjoin- ing owners ; and whereas, the said company an? willing that the said portion of said road shall be vacated ; therefore, 1. Be it enacted by the Senate and Oeneral Assembly of the State of New Jersey, That so much of the said road heretofore laid out or used by the said "The Jersey City and Bergen Point Plank Road Company," as is situated between the southerly side of Forty-first or Division street, as now laid out and opened in the said city of Bayonne, and the southerly side of Huron avenue, as now opened in said city, is hereby vacated and closed. 2. And be it enacted. That this act shall take effect immediately. Approved March 31, 1875. SESSION OF 1875. 411 CHAPTER CCLXV. An Act to fix the salary of the Prosecutor of the Pleas of the county of Middlesex. 1. Be IT ENACTED by the Senate and General AsBemhly of the Salary of State of New Jersey, That the prosecutor of the pleas infh'^J^^^'*'^ the county of Miadlesex, shall receive an annual salary of three thousand dollars, to be paid quarterly, by the county collector of said county, upon orders drawn in the usual manner ; and the said salary shall be in lieu of all fees and costs whatever. 2. And be it enadedy That all fees and costs to which Feee and coats, the said prosecutor of the pleas might by law be ®»^ltlGd,J,^^jJ'jP^^j,|^^ shall hereafter be paid to the county collector for thetor!"^*^*^ *^ general purposes of said county. 3. And be it enacted, That this act shall be deemed to be a public act and shall take effect immediately. Approved March 31, 1875. CHAPTER CCLXVI. An Act to fix the salary of the Prosecutor of the Pleas in the county of Gloucester. 1. Be IT ENACTED by the Senate and Oenerai Assembly o/ Salary of the State of New Jersey, That the salary of the prosecutor J,^;^^^' **^ of the pleas of the county of Gloucester, in this state, shall be eight hundred dollars per annum, which sum shall be paid to him in quarterly installments, on the first Tues- day of April, July, October and January, in each year, by the collector of said county, and shall be in lieu of the fees now received by him, and the said fees which said prosecutor is now entitled by law to receive, shall be 412 SPECIAL PUBLIC LAWS. taxed in all bills of costs the same as are now taxed, and shall be collectedby the sheriflF of said county of Gloucester, and be by him paid over to the collector of said county for the use of said county. Bopeaier. 2. And be it enacted, That all acts and parts of acts in- consistent with the provisions of this act, be and the same are hereby repealed. 3. And be it enacted, That this act shall take eflTect im- mediately. Approved March 31, 1875. CHAPTER CCLXVIL An Act to fix the salary of the Prosecutor of the Pleas in the county of Somerset. Salary of 1. Be IT ENACTED by the Senate and General Assembly of P'";^;"^^'" «*■ the State of New Jersey, That the salary of the prosecutor of the pleas for the county of Somerset shall be eight hundred dollars per annum, which sum shall be paid to him in quarterly installments by the collector of said county, and shall be in lieu of all fees, costs and com- pensation now received by him ; and all fees, costs and compensation that said prosecutor is now entitled by law to receive, shall be taxed in all bills of costs the same as are now taxed, and shall be collected by the sheriff of said county of Somerset, and be by him paid over to the collector of said county for the use of said county. Repealer. 2. And be it enacted. That all acts and parts of acts in- consistent with the provisions of this act, be and the same are hereby repealed. 3. And be it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. SESSION OF 1875. 413 CHAPTER CCLXVIII. An Act to confirm the acknowledgment and proof of deeds and other instruments of writing taken by James H. Van Cleef, Humphrey A. Bodine, Charles D. Jenkins, Charles H. Runyon and George Berdine, Whereas, The said James H. Van Cleef, Humphrey A. P^^eambie. Bodine, Charles D. Jenkins, Charles H. Runyon and George Berdine, w^ereduly appointed commissioners of deeds for the sixth, third, fifth, fourth and first wards of the city of New Brunswick, respectively ; and whereas, the said James H, Van Cleef, Humphrey A. Bodine, Charles D. Jenkins, Charles H. Runyon and George Berdirte, after their appointment as commissioners of deeds for their respective wards, removed out of the wards for which they were severally appointed, and while not a resident for the said wards for which they were respectively appointed, and under a misappre- hension of the law, did perform official duties as such commissioners; therefore, to remove all doubts as to the legality of the official acts of the said James H. Van Cleef, Humphrey A. Bodine, Charles D. Jenkins, Charles H. Runyon and Gjeorge Berdine, 1. Be it enacted by the Senate and General Assembly o/ Official nets the State of New Jersey, That the official acts and the p^'^^^,^^^;;^''- acknowledgments and proof of deeds and other instru- leRaiited. ' ments of writing, severally done or taken by the said James H. Van Cleef, Humphrey A. Bodine, Charles D. Jenkins, Charles H. Runyon and George Berdine, as commissioners as aforesaid, be and the same are hereby confirmed valid and made effectual, in like manner as though the same had been taken and certified by them severally before removal from their respective wards as aforesaid. 2. And be it evutded, That this act shall be taken and deemed to be a public act and shall take effect imme- diately. Approved March 31, 1875. 414 SPECIAL PUBLIC LAWS. CHAPTER CCLXIX. An Act to authorize the township committee of the town- ship of Lebanon, in the county of Hunterdon, to purchase a farm for the use and support of the poor, or to contract for the keeping of the poor. Committee 1 Be IT ENACTED by the Senate and General Assembly of H faiX Ac* for ^^^ State of New Jersey y That whenever the township com- auppori of ' mittee of the township of Lebanon, in the county of ^^^^' Hunterdon, shall deem it to be to the best interest of the poor, and for the interest of the inhabitants of the town- ship of Lebanon, in the county of Hunterdon, the tow»^n- ship committee are hereby authorized to purchase a suitable farm and stock the same, and to do all things that are necessary to establish a poor farm for the sup- port of the poor of said township. May contract 2. And be it enacted, That the township committee are poor"^^^"^ ^^ hereby authorized to contract the keeping of the poor of said township to any responsible person or persons until a farm is bought and established, or to hire a house or some suitable place wherein to keep and support said poor if they shall think best so to do for the interest of the in- habitants of said township. • mJler"^?owir'** 3. And be U enacted. That the township committee of ships* for the Lebauou are authorized to join with any other township ?a/m^&c**^ or townships in the county of Hunterdon, which town- ship or townships are hereby through their township committee authorized to contract or join with said town- ship of Lebanon on equitable terms in the purchasing of a farm for the support of the poor of said township or townships, and to take a good and sufficient deed to and in the name of the inhabitants of the township of Lebanon, and in the name of the inhabitants of any other township or townships that may so join with them to purchase said farm for the support of the poor of their respective tow'n- ships. *^oneya rawed, 4 j^^^ bc it enacted, That said committee of Lebanon, ow app I . ^^ ^j^^ committees of any other township or townships SESSION OF 1875. 415 that shall join in said purchase, to use the moneys voted for and raised in the township or townships for the sup- port of the poor to pay for said farm and the support of tlie same, as far as the same can be properly applied. 5. Aiid be it enacted, That the township committe shall Directors of appoint three of their number directors of said farm, who JjJi^,ed^^nd^ shall have the entire supervision of said farm, but shall powen/ all join in said purchase and shall receive the same pay when on duty as they now receive for other township business ; and the inhabitants of said township or town- ships may vote whatever monej'^ they shall consider Money for pur necessary to purchase said farm and to support their said 2*^***® of farm, •/ & i^ X bow rAiseci poor when in township meeting assembled, or at any special town meeting called for said purpose. 6. And be it enacted, That the township committee are May exeonto hereby authorized to execute a mortsJ:affe upon said farm mortsrajre for DArt III Dill*- for any part of the purchase money in the name of the cha«e money, inhabitants of the township or townships which may purchase said farm. 7. And be it enacted, That all acts or parts of acts that Repealer, are inconsistent with this act are hereby repealed ; and that this act shall take effect immediately. Approved March 31, 1875. CHAPTER CCLXX. An Act confirming and establishing the title of certain lands in the "Trustees of School District Number Sev- enty-two in the county of Morris," and authorizing them to sell and convey the same. Whereas, Jacob Allen and wife, by deed bearing date Preamble. September thirteenth, eighteen hundred and thirteen, conveyed to "Zopher Freeman, Eleazer Sturges, Luther Lindsley, Thomas Darling, Samuel Roberts, junior, John Sturges and Benoni Ward, trustees, chosen by a meeting of the Inhabitants of Green Village, for the purpose of purchasing a lot of land for the use of a ] 416 SPECIAL PUBLIC LAWS. school in Green Village," a certain lot of land situate in Green Village, (at present in the township of Passaic,) in the county of Morris, containing sixty-two hun- dredths of an acre, and which deed is now recorded in Morris county records, Liber X of Deeds, folio three hundred and twenty-five and so forth : and whereas, the inhabitants of School District Number Seventy- two, immediately upon the delivery of said deed, entered upon said land and premises, and the same has been and now is used by School District Number Seventy-two, in the county of Morris, for school pur- poses ; therefore. Title, declared 1. Be IT ENACTED by the Senate and General Assembly of v«ted. if^^ sic^f^ gf jf^ Jersey, That the title to the lot of land and premises so as aforesaid conveyed by the said Jacob Allen and wife, be and the same is hereby declared to be vested, in fee simple, absolute in the "Trustees of School District Number Seventy-two, in the county of Morris," and their successors in office. Trustees may 2, And be it enacted, That the "Trustees of School mIIiw? house"^ District Number Seventy-two, in the county of Morris," baiidiog. now being, or their successors, or a majority of either of them, be and they are hereby empowered and authorized to sell and dispose of the said land and premises and school house building and appurtenances, and all fixtures and personal property thereto belonging, mentioned in the foregoing preamble, or any or either of them, at public sale, and to convey the said land and premises by deed of conveyance under their hands and seals, in fee simple, absolute to the purchaser or purchasers; and the said Eurchaser or purchasers, their heirs and assigns, shall old the same under and by virtue of said conveyance, to and for their use, benefit and behoof forever, in fee simple. 3. And be it enacted, That this act shall take effect immediately. Approved March 31, 1875. SESSION OF 1875. 417 CHAPTER CCLXXI. A Supplement to an act entitled "An Act to facilitate Judicial Proceedings in the County of Mercer," ap- proved March twenty-seventh, one thousand eight hundred and sixty-seven. 1. Be it enacted by the Senate and General Assembly o/ Compensation the State of New Jersey, That the clerk of the grand juries ^J^^^'^Ji^ sitting in and for the county of Mercer, shall receive for his compensation at the rate of two hundred dollars per annum, to be paid by the collector of the said county. 2. And be it enacted. That this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCLXXII. An Act to extend the provisions of an act entitled " An Act to prevent horses, cattle, sheep and swine from running at large in tho township of Clinton, in the county of Essex, and the township of Rahway, in the county of Union," to the township of Raritan, in the county of Monmouth. 1. Be it enacted by the Senate and General Assembly o/ Provisions of the State of New Jersey, That the provisions of an act *® jj^/jJJ^®^ entitled "An Act to prevent horses, cattle, sheep and township, swine from running at large in the township of Clinton, in the county of Essex, and the township of Rahway, in the county of Union," approved March fourth, one thousand eight hundred and fifty-eight, be and the same 418 SPECIAL PUBLIC LAWS. are hereby extended to the township of Raritan. in the county of Moilmouth. 2. And be it enadedy That this act shall take effect im- mediately. Approved March 31, 1875. Township divided into two election districts. CHAPTER CCLXXIX. A Further Supplement to "An Act to regulate elections," approved April twenty-second, one thousand eight hun- dred and sixty-eight. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That at all elections hereafter to be held in the township of Hopewell, in the county of Mercer, the said township shall be divided into two election districts, which shall be separated from each other by the following boundary line, to wit : beginning Boundary line. at the Huntcrdou county line, in the middle of the public road leading from Marshall's Corner to Ringues ; and from thence running in a southerly direction in the middle of said road to said Marshall's Corner ; thence from said Marshall's Corner, in a southerly direction in the middle of the public road leading from said Marshairs Corner to the village of Pennington to McCurrens' Cor- ner; and thence from said McCurrens' Corner, in an easterly direction in the middle of the public road leading from McCurrens' Corner to Titus' mills ; and thence running from said Titus* mills, in an easterly and southeasterly direction in the middle of the said road by the Centreville school house to the public road leading from Pennington to Mount Rose ; thence running in a southerly direction in the middle of said road to Hunt's and Irwin's Corner ; and thence running in a southeasterly direction in the middle of the public road leading from said corner by Merrel's blacksmith shop to North district the Lawrcucc township line ; and all that portion Ij'ing east and north of said boundary line heretofore described SESSION OF 1875. 419 shall be known as the North Hopewell District, and all that portion south of said boundary line shall be south district. known as the South Hopewell District, of said township. 2. And be it enacted^ That at all spring elections here- Judge* of eiec- after held in the township of Hopewell, each election ch^n^'' district hereby erected shall choose an election board ; that each of said board shall consist of three judges whose members shall be residents of their respective districts ; that no ballot shall contain more than two names, in case more than two names are voted for on the same ballot, the said ballot as to said judges of election shall be null and void, and the three persons who shall receive the highest number of votes at such election shall be deemed and taken to be the judges of election ; and in case two persons upon the same ballot have received an equal number of votes, the one first named shall be deemed elected; the said judges ^^®'^^*'}?jj shall hold their offices for one year, and shall possess the*^""^*^ powers, be required to perform the duties, be subject to the liabilities, and receive the same compensation as other judges and inspectors of election, according to the general laws of New Jersey as they now are or may here- after be, and shall act in their respective districts as judges of election. 3. And he it enacted^ That the legal voters of North Hope- Ji™© of. «nd well distiict shall meet at the public house of Edward vote«.*^**"^ ^ Phillips in the village of Hopewell, and that the legal voters of South Hopewell district shall meet at the public house of Mrs. Rachel Richey, in the village of Penning- ton, on Monday the twelfth day of April next, at the time prescribed by law for the opening of elections, and shall by a majority of the legal voters present proceed to elect three judges, and a clerk of the board, to hold said first election ; said judges shall be sworn in by the clerk elected, and one of the judges shall swear in the clerk as prescribed by law, which said judges and clerk, shall receive the same compensation and shall perform all the duties imposed by law in like cases, and shall perform the duties of said offices respectively until their successors shall be duly elected and qualified. 4. And be it enacted, That each election district shall Election of elect a clerk .of the board of election who shall be^*®'^*^* residents of their respective districts who shall hold 420 SPECIAL PUBLIC LAWS. their offices for one year, and shall possess the powers, be required to perform the duties, be subject to the liabilities and receive the same compensation as other clerks of election, according the general laws of 'Sew Jersey as they now are or may hereafter be. ** Notices of 5. And be it enacted, That the present township clerk PMtod."'**'^ of the township of Hopewell is hereby authorized and required to give notice of the election for each of the election districts mentioned in said act, for the spring election of eighteen huudred and seventy-five, by posting up in each election district notices as now prescribed by the general election laws of New Jerse3\ Board of eieo- 6. And be it enacted, That each board of election shall natepia^^of designate the place of holding elections; provided, that eiec^wn. the elections in South Hopewell District, shall be held at the village of Pennington, and the elections in North Hopewell District shall be held at the village of Hope- well. Repealer. 7. And be it enacted, That all acts and parts of acts in- consistent with this act, be and the same are hereby- repealed. 8. And be it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCLXXX. A Further Supplement to the Act entitled "An Act con- stituting a public road board, for the lajing out, con- structing, appropriating, improving and maintaining public carriage roads in the county of Essex," approved March thirty-first, eighteen hundred and sixty-nine. Power to re. 1. Be IT ENACTED by the Senate and General Assembly of av^JSif^ ^^ the State of New Jersey, That the said board shall have power, before construction, to reduce the width of any SESSION OF 1875. 421 avenues, or of any part thereof, if they shall deem it expedient, in which ease they shall cause to be filed a Map to be map of the avenue or part thereof so reduced in width, fi'ea- in connection with the original map or survey of such avenue. 2. And be it enacted, That section three of the supple- AmeDdment. ment to said act, which supplement was approved March seventeenth, eighteen hundred and seventy, be amended by striking out therefrom the words "of so much of said avenues or any of them as is embraced in any city, town or township." 3. And be it enacted. That where an assessment for Board may benefits shall have been made, or shall hereafter be niader^rtton^onota, under said act, or any supplement thereto, upon orfiomiienaof against any lot or tract of land, in the name or names of ""®**""^"*'- any several owner or joint ownera thereof, and the owner or owners thereof shall desire any portion of such lot or tract released from the lien of such assessment, or shall desire to have the whole amount of such assessment apportioned upon specific portions of such lot or tract, it snail be lawful for said board to release any such portion from the lien of any such assessment, upon being paid or secured a ratable proportion of the whole assessment, and also to make an apportionment and division of such assessment, so that any specified portion of the whole lot or tract shall be held and liable only for a definite pro- portion of the whole assessment, and be discharged therefrom upon the payment of such proportion. 4. And be it enacted, That section four of the sup- Amendment, plement approved March twenty-first, eighteen hun- dred and seventy-four, to the act to which this is a further supplement, be amended by striking out the word "any where it first occurs in said section, and inserting in lieu thereof the word " n<3," and by inserting next after the word "certiorari," the words "shall issue." 5. And be it enacted. That such lands and real estate i^n»^" not bid as are not bid for when oflfered for sale or for re-sale, 8?rack*off t^o pursuant to the fifteenth section of the act to which this *'^® *><>"<*• is a farther supplement, shall be struck off to said board, by its corporate name, for the term of fifty years, and f^^ard njay sen niay be held and sold, assigned and disposed of by saidjilJ^oi board, for the use of the county, with all the rights and 422 SPECIAL PUBLIC LAWS. privileges of a purchaser at such sale, and subject to the same conditions and limitations. 6. And he it endcted, That this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCLXXXL A Further Supplement to an act entitled " An Act to authorize the president and directors of the Hacketts- town Aqueduct Company to convey their works and franchises to the inhabitants of the town of Hacketts- town," etc., approved March seventeenth, eighteen hun- dred and seventy. May issue 1. Be IT ENACTED by the Senate and General Assembly of and?he^°^"' ^^ ^^ ^f ^^^ Jersey^ That the common council of said amount. town of Hackettstown shall have the right and privilege of issuing water bonds of said town, under the restrictions and limitations contained in the act to which this is a supplement, to the amount of seventy-five thousand dollars. 2. ATid he it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. < i SESSION OF 1875. 423 CHAPTER CCLXXXII. A Supplement to an act to establish a system of Public Instruction. Whereas, The superintendent of public schools in the Preamble, county of Warren has reconstructed and changed several of the school districts in said county, and re- numbered them, thereby apparently changing the corporate liability from one scnool district to another, by which changes difficulties and contentions have been agitated as to the legal liabilities of said school district corporation; therefore, 1. Be it enacted by the Senate and General Assembly o/ contracts, tfie State of New Jersey, That in all cases where any u^btjjj^ ^^ri^*- or debts have been contracted or liabilities incurred bv ^ ^ * the trustees of any school district, or any two of such trustees of any school district in the county of Warren, for school houses or other school purposes, or in anticipa- tion of the assessing and collection of taxes authorized by law to be assessed and collected, and the number of sucn school district has heretofore been changed or shall here- after be changed, such debt or debts, contract or contracts, as aforesaid, are hereby declared to be legal debts, contracts and claims against such school district, by whose trustees, ^^^ eoforced. or any two of them, the same were contracted, and shall be enforced against such school district by whatsoever number such school district may be now or hereafter designated. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. 424 SPECIAL PUBLIC LAWS. CHAPTER CCLXXXIII. i: A Further Supplement to the act entitled "An Act for ^ the better government of the city of Paterson," approved March seventeenth, A. D. eighteen hundred and seventy. Collector may 1. Be IT ENACTED by the Senate and General Assembly of Jb^J^unpaTd** ^Ae Stale of New Jersey^ That the collector of revenue and taxes, &0. assessments of the city of Paterson may hereafter, if he shall deem it proper, or shall be so advised by the finance committee of the board of aldermen, adjourn from time to time any sale or sales of land for unpaid taxes, for any time whatsoever, not exceeding the term of six months, from the day whereon said sale shall be first advertised to be sold, and notwithstanding any provision to the con- trary in the act to which this is a further supplement, i regulating sales of land ; and said adjournments shall j be for not less than four weeks each, and the publications ' of such adjournments shall contain only a general state- ment of the notice, and not more than five dollars shall be allowed for the publication of each adjournment. 2. And be it enacted, That this act shall take effect im- mediately. Approved March 31, 1875. SESSION OF 1875. 425 CHAPTER CCLXXXIV. A Further Supplement to the act entitled " An Act to revise and amend the charter of the City of Newark/' approved March eleventh, eighteen hundred and fifty- seven. 1. Be it enacted by the Senate and General Assembly o/ Board of exciae Oie State of New Jersey, That there shall be in and for the SS™ apJSSfid; city of Newark, a board of excise commissioners, which term ofoffice/ shall consist of three resident freeholders of said city, to J^q/^^™^""*" be nominated by the mayor and confirmed by the common council of said citj^ whose term of office (except as to the persons first constituting said board), shall be three years, and who shall each receive for their services such annual salary, not to exceed the sum of five hundred dollars, as the said common council may fix or determine. 2. And be it enacted, That all licenses for the sale ofLioeiM«B,by strong and spirituous liquors, wine, ale and beer within ^**'^*" sraatod. the limits of said city of Newark shall be granted by said board of excise commissioners ; and said board shall have Po^f' *o the power to grant license to any person or persons of far saJe of good moral character who shall be approved of by them,**'®"*?"^"**"- permitting him or them to sell and aispose of at any one named place within such city, strong and spiritoous liquors, wines, ale and beer in quantities less than five gallons at a time, upon receiving a license fee to be fixed by said board; and there shall be hereafter a separate Licenio for ale license granted for the sale of ale and beer, and another""^ ^^*"' for the sale of spirituous liquors and wines; the license Fee for license, fee for selling ale and beer shall be thirty dollars, and the license fee for selling spirituous liquors and wines shall not be less than fifty dollars, or more than one hundred dollars for each license ; such licenses shall only Licensee how be granted on written application to the said board, granted.' signed by the applicant or applicants, specifying the place for which license is asked, and the license shall be kept displayed by being hung up, by the person or per- sons licensed, in a conspicuous position in the room or place where his or their sales are made ; any omission so 28 426 SPECIAL PUBLIC LAWS. to display and exhibit such certificate shall be pre- sumptive evidence that any person or persons omitting to exhibit and display the same, has and have no license ; Record to be the said board of excise commissioners shall keep a com- ^^^ plete record of the names of all persons licensed as herein provided, with a statement of the place licensed, and license fee imposed and paid in each case; which record they shall at all times permit to be seen in a convenient Persons not place at their office in said city; persons not licensed sSrScc.' ™*^ "^^y keep, and in quantities not less than five gallons at a time, sell and dispose of strong and spirituous liquors, Proviso. wines, ale and beer in said city ; provided, that no part thereof shall be drank or used in the building, garden or inclosure communicating with, or in anv public street or place contiguous to the building in which the same is kept, disposed of, or sold. Mftyortonomi- 3. And be U enacted, That the mayor of said city nate board, &c. gjjg^lj nominate to the common council of said city, at their first regular meeting held after the passage and ap- proval of this act, three resident freeholders of said city, as members of said board, for the term to expire as here- inafter mentioned ; all nominations made to the common council by the mayor, under the provisions of this act, shall be confirmed or rejected by said common council at once ; and in case of the rejection of such nominees, or any of them, the mayor shall continue so to nominate one, two or three persons, as the case may be. until the nominations are confirmed, and the board is complete. Term of office 4. And be it enacted, That the term of office of the minai^by lot three Dcrsons first constituting said board shall be deter- mined by lot, one to remain in office until the first Tuesday after the first day of January in the year eighteen hundred and seventy-six, another to remain in office until one year thereafter, and the third to remain in office until the first Tuesday after the first day of January in the year one thousand eight hundred and Mayor to nomi seventy-eight; an(i that in the month of December, nate. {j^ the year eighteen hundred and seventy-five, and in the month of December, in each and every j^ear there- after, the mayor of said city shall nominate to the said common council, a resident freeholder of said city to be a member of said board for the term of three years, from the first Tuesday after the first day of January of the SESSION OF 1875. 427 following year ; when, in case of the failure or refusal of when to hold the mayor to nominate, or of the common council to con-®^®^- firm, or for any other reason, the time for the commence- ment of any term of office of any member of said board as aforesaid, shall pass by without a new appointment having been made and confirmed, then the members of said board for the preceding term shall hold over, and perform all the duties of commissioners of excise until a new appointment shall be made and confirmed, and such new member shall qualify ; in case of a vacancy in VHcanciee, said board, by reason of death, resignation, failure to''®''^"*^* qualify according to law, or otherwise, the said mayor shall nominate to the said common council some eligible person or persons, to fill said vacancy or vacancies, and the person or persons nominated and confirmed, to fill said vacancy or vacancies, shall be members of the board for the remainder of the then unexpired term, and may hold over as above provided. 5. And be it enacted, That the said board shall meet Meetings of regularly each and every week, and more frequently if *^*'**- necessary, for the purpose of receiving and passing upon applications for license, and for transaction of such business as may properly come before them, and shallKecordstobe keep or cause to be kept full and complete records and '^^p^- minutes of the doings of the said board, at each meeting held by them, in a proper book or books, which said book or books shall, except when the said board are in session, be kept in the office of the city clerk of said city, and shall be open to the inspection of the mayor and common council of said city and the officers of any department of the city government when required, and subject to such other provision as the common council may ordain; said board may appoint one of their own number to be president of the board, and may adopt }Jf*y *^^p^ ^y* such by-laws for the government of the board as they may deem proper ; the said common council shall pro- vide such room or rooms for the use of said board as to the said common council may seem best, and fit up the same arid furnish all the books, blanks and stationery, license certificates, and other things necessary for the transaction of the business of said board ; said common inspector of council shall, from time to time, appoint some suitable poiilSld.'and*^ person to be inspector of excise, whose duty it shall be ^»»i«^ 428 SPECIAL PUBLIC LAWS. Compensation. Members of bf^nrd 10 take oRth, and give bond. Act and license fees, to be printed. Term of license. Amount re- ceived to be paid over to comptroller, to faithfully and thoroughly inspect all places where strong and spirituous liquors, wines, ale or beer are sold within the said city of Newark, and promptly report to the said board the names and places of business of all persons who are selling without the license of the board, or who may violate any of the provisions of this act, and to perform such other duties as may be required of him by said board, or by the said common council, who shall have power by ordinance or by resolution to more fully define or prescribe the duties of said inspector ; the common council shall fix the compensation to be paid to said inspector, and he may be removed from office by them at any time ; tlie city clerk of said city shall be the clerk of said board ; each person confirmed as a member of said board shall qualify within ten daj^s thereafter by (before he enters upon the duties of his office) taking and subscribing the oaths provided for in section twenty-four, of the city charter, and shall also enter into, and deliver to the city clerk, a bond to the mayor and common council of the city of Newark in the sum of five thousand dollars, with two sufficient sureties, to be approved by the committee on finance of the common council. 6. And be it enacted, That said board shall cause to be printed in pamphlet or circulars this act, or a proper synopsis thereof, together with the rates of license fees adopted by them, which pamphlets or circulars shall be kept in their office for distribution to suitable persons, and for information and inspection, and a copy shall be given to each person to whom license shall be granted ; each license shall be granted for one year only, and the full amount of the license fee shall be paid in when application is made for license, in each case, and no license shall be granted by said board until the full amount of the license fee is paid to them by the person or persons applying for the same. 7. And be it enacted. That said board shall each and every week pay over to the comptroller of the city of Newark the total amount received by them for license fees, during said week, and at the same time, present to the said comptroller a complete statement and account, in writing, of all the licenses granted by them during said week, the persons to whom granted, and the resi- SESSION OF 1875. 429 dence of said persons, and the amount of the license fee paid in each case, the time when it was paid and when the license was granted, and whether it was for the sale of strong and spirituous liquors, or wines, or ale, or beer, and the place where the same was licensed to be sold. 8. And be it enacted. That whoever shall sell any strong Penalty for or spirituous liquors, wines, ale, or beer, in quantities f^"„g*^/^"****"^ less than five gallons at a time, at any place within said city, without having a license thierefor, granted as herein provided, shall forfeit and pay fifty dollars for each oft'ence. 9. And be it enacted, That no inn, tavern, hotel, victual- ponaity for inff-house or saloon-keeper, or any other person licensed se'iinjr to to sell any strong or spirituous liquors, or wines, within the said city, shall sell or give away any such liquors, or wine, to any apprentice or to any minor under the age of eighteen years, knowing or having reason to believe him to be such, under a penalty of ten dollars for each offence. 10. And be it enacted. That any special police justice of Police jnj»tices the city of Newark, shall have jurisdiction in the matter ttiMlon'o^ ^""^ of all complaints for the violation of any of the provis- this net. ions of this act, and shall have full power and authority to hear, adjudge and determine said complaints, and issue warrants and other processes and impose the fines and penalties provided for in this act ; and every special police justice of said city shall make such return andxomnkere Eayment of the fines and penalties and costs received by<«™of ?"«« • • 11 i- • i_ i* v • J J.1 • 1. Rna costs, re- im m all matters coming before him under this act, asceived. he is now required to make respecting fines, penalties and costs of suit paid to him under complaints for the viola- tion of ordinances. 11. And be it en^icted, That all licenses heretofore granted L«c©n«^ by the board of excise of said city of Newark and now ^rnntedl^^vaiid unexpired, on which the full fees, required at the time of""*** expira their granting, have been paid, shall be valid until the *°"" time for which they were granted shall expire ; provided Proviso. the holders of said licenses shall keep the same displayed and exhibit them as required in section two of this act, and provided they shall in other respects conform to the requirements of this act ; and in case they shall violate any of the provisions of said section or any other provis- 430 Repealer. SPECIAL PUBLIC LAWS. ion of this act, they shall be subject to the penalties of said violations. 12. And be it enadedy That all the provisions of the act entitled "An act to revise and amend the charter of the city of Newark," approved March eleventh, eighteen hundred and fifty-seven, and in any of the supplements thereto providing for or in anywise relating to the election of members of the board of excise and their powers and duties, and all acts or parts of acts inconsistent with any of the provisions of this act are hereby repealed ; and this act shall be deemed and taken to be a puolic act, and shall take effect immediately. Approved March 31, 1875. BoondaiieflL CHAPTER CCLXXXV. An Act to set off from the township of Dover, in the county of Ocean, a new township to be called the town- ship of Berkeley. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey ^ That all that part of the township of Dover, in the county of Ocean, contained within the following boundaries, that is to say : beginning at the soutliwest corner of the township of Dover, at a point where the road from Giberson's mill to Dover Forge crosses the easterly line of the township of Manchester ; thence first, easterly along said road to Dover Forge, said road being the boundary line between the townships of Dover and Lacy; thence second, southerly along Guises road by Dover Forge pond to the middle of Cedar creek ; thence third, easterly along the middle of Cedar creek to its junction with Barnegat bay; thence fourth, on a course due east to the Atlantic Ocean ; the above metes and bounds being the division line between the town- ships of Dover and Lacy; thence fifth, northerly along said Atlantic Ocean to the south side of old Cranberry inlet; thence sixth, on a course westerly to the middle of SESSION OF 1875. 431 Toms river at its junction with Barnegat bay ; thence seventh, westerly along the middle of said Toms river and up the north branch to the Toms River and Man- chester Railroad ; thence eighth, along said railroad to the east division line between the townships of Dover and Manchester; thence ninth, southerly along said division line to the place of beginning, be hereby set off into a new township, to be called the township of ^e^ township. Berkeley. 2. And be it enacted, That the inhabitants of the town- Body corpo- ship of Berkeley are hereby constituted a body politic ^^ ®' "^ and corporate in law, and shall be styled and known by the name of " The Inhabitants of the township of Berke- ley, in the county of Ocean," and shall be entitled to all the rights, powers, authority, privileges, and advantages, and subject to the same regulations, governments, and liabilities as the inhabitants of other townships in the said county of Ocean are or may be entitled or subject to by existing laws of this state, except as may be herein- after provided for. 3. And be it enacted, That the inhabitants of the said *'i™t meeting, township of Berkeley shall hold their first township meeting at the school house at Dover Ciiapel, in the said township of Berkeley, on the second Tuesday of April next, and afterward in each year, at such place as the legal voters of said township shall determine. 4. And be it enacted, That the township committees of Township Berkeley and Dover shall meet on the third Tuesday of S^^^|"^||;5"^/,^t April next, at the court house at Toms River, at ten nnd divide o'clock in the forenoon, and may adjourn from time to fjonl^s.^' ^^ time, and then and there proceed by writing, signed by a majority of those present, to allot and divide between the said townships, all properties and moneys on hand due or to become due, in proportion to the taxable pro- perty and ra tables as taxed by the assessors within their respective limits at the last assessment, and it shall be the duty of the said township committee, from the last assess- ment rolls of the said township of Dover, to ascertain the amount of indebtedness of the said t^*i«a ^^^o^^' tion with any improvement, it shall be lawful for thejward of dam- said town to plead payment of all or any part of the"K<^"'**^- debt or award demanded, giving notice in writing with the said plea of what the said town will insist upon at the trial for its discharge, and to give in evidence any assessments for benefits made in connection with said improvement, whether the same was made or ratified- after the award for damages, or before or after the right of action on said award had accrued ; and if on such trial it shall appear that the debt, award or sum de- manded is equal to and does not exceed the assessments for benefits, the jury shall find for the defendants, and judgment shall be entered accordingly with costs ; and if on such trial it shall appear that any part of the award for damages, debt or sum demanded has been paid or satisfied by an assessment for benefits (and Jbr the purposes of this act an assessment for benefit shall be treated and considered as payment as against an award for damages.) then such part shall operate as payment, and so far extinguish the said award for damages ; and in such case it shall be the duty of the jury to set off" so much as has been paid or satisfied, and to find a verdict for the amount of the residue or balance of said award, upon which the plaintiff shall have judgment with costs of suit, if costs ought to be awarded ; and if on proceedings such trial it shall appear that the assessment for benefits when assesa- exceeds the award of damages sued on, then it shall Slg^JJ^"^®"®' be considered that the plaintiff is overpaid, and it shall ^ward for dam- be the duty of the jury to find a verdict for the defendant**^'*®' for the amount for which the defendant shall have judg- 450 SPECIAL PUBLIC LAWS. raent and execution with costs, but the obtaining of said judgment shall not prevent thesaid town from proceeding to collect the said assessment in the manner provided for in the act to which this is a supplement, or any supple- ment thereto. Assessments 7. Aiid be it enacted, That all assessments for benefits be m^cfand** hereafter to be made, under the act to which this is a ratified. supplement, or under any supplement thereto, shall be made and ratified by the common council, within six months after the date of the ratification of the award for damages in connection with said improvement, by the common council of said town. Section sixty- 8. AtuI be it enocted, That section sixty-three of the act ^h^,amen- to which this is a Supplement, be amended by striking out the words, " shall be conclusive evidence against the defendant," and in their place inserting the following, " may be received in evidence, but shall not be concbi^ive evidence against the defendant." Amendment. 9. And be it enacted, That the word "fifty" in the fifth line of the twenty -fourth section of the act to which this is a supplement, be struck out and the words "one hun- dred " be substituted in its place, and that more than one Penalty for penalty for separate and distinct violations of any such ordinances, &c. ordinance or ordinances as is mentioned in said section, may be included in the same action of debt, and thdtsaid action may be brought in the name of the town of Har- rison, for the use of the said town, in any court in this state having competent jurisdiction, and in case where said action shall not be instituted before the oflScers named in said section, the first process .shall bo by sum- mons, in which action it shall be lawful to declare gene- rally in debt for such penalty or penalties and give the special matter in evidence ; and in case of a recovery in said action or actions the town shall recover judgment for the- amount of said penalty or penalties sued for to- gether with the costs of tiie prosecution. Section thirty- IQ. And be U enocted. That section thirty-four of the our, amen e . ^^^ ^^ which this is a further supplement, shall be amended by having the following added thereto : " no person shall be eligible or shall be appointed or elected to the office of police justice of said town, for a second term immediately succeeding the term which he shall have served already ; and said police justice shall receive SESSION OF 1875. 451 such salary as the common council shall deem proper ; and all fees, fines and forfeitures received or collected by him as such police justice, shall be paid over to the town treasurer ; and should the common council at any time, by reason of a tie vote or other cause, fail to appoint or elect a police justice, or should the police justice for the time being be disqualified or unable from any other cause to serve, then it shall be the duty of the president of the common council to appoint a member of the common council to serve as such police justice, pro tem- pore, who shall serve subject to removal by the president of the common council aforesaid ; and said police justice pro tempore shall not receive any compensation for such service." 11. And be it enacted^ That the officers heretofore ex- office istingand known as the "collector of taxes" and "collector****''*®**®^- of arrears of taxes," mentioned in sections four and seven- teen of the act to which this act is a supplement, be and the same are hereby abolished ; and all the duties of said collector of taxes and said collector of arrears of taxes shall hereafter be performed by the town treasurer. 12. And be it enacted, That the common council of the councu may town of Harrison may hereafter fix and regulate the J^^^Jj"^® <*f salaries of assessors or other officers in and for the town of Harrison. 13 Aiid be it enacted, That in cases where it has here- Adverti«o- tofore been necessary to advertise ten days successively in »"«"♦»» when a daily paper, it shall be deemed sufficient to advertise dent. for three weeks successively in a weekly paper published in the town of Harrison, should the common council so ordain. 14. And be it enacted. That section sixty-nine of the Section «ixty. act to which this act is a supplement, be amended by °*"®' *'"®°°®^- adding the following : " and the said commissioners shall make a report by a certificate in writing of the assess- ment so made, and before proceeding to sign the same shall give notice, by publishing the same in a newspaper circulating in said town, for ten days successively, or by publishing the same in a weekly newspaper generally circulating in said town, for three times in succession, that said report has been deposited in the town clerk's office for examination by the parties interested therein ; and also of the time and place when and where the par- 452 SPECIAL PUBLIC LAWS. ties interested can be heard by them ; and after hearing the parties the said commissioners shall proceed and com- plete their report and sign the same, and return the said report, with all objections in writing which shall be pre- sented to and left with them by any of the parties inter- ested, to the common council. Bepeaier. 15 j^^fi jg ^ etiactedy That the provisions of any act inconsistent with this act are hereby repealed, and this act shall be a public act and shall take effect immediately. Approved April 6, 1875. CHAPTER CCCXIV. A Further Supplement to an act entitled "An Act relating to hawkers, pedlars and petty chapmen." Kepeaier. 1. Be IT ENACTED by the Senate and General Assembly of th£ State of New Jersey , That in the county of Hudson, so much of the act entitled a further supplement to "An Act relating to hawkers, pedlars and petty chapmen," passed March fifteenth, one thousand eight hundred and sixty -one, as relates to the fees to be paid to the count}^ in which the license is granted, fixing the same at twenty dollars, be and the same is hereby repealed, and section second of a further supplement, approved March fifteenth, one thousand eight hundred and sixty, fixing the said Repealer. f^^g ^ y^^ p^j^j f^j, qq^^i^ license at fifty dollars, be and the same is hereby repealed, as far as relates to the county of Fee and act, HudsoD, and the Said fee shall be one hundred dollars ow conatru . j^ ^j^^ couuty of Hudson ) but nothing in this act shall be construed to apply to manufacturers in said county. 2. And be it enacted^ That this act shall be deemed a public act and shall take effect immediately. Approved April 6, 1875. SESSION OF 1875. 453 CHAPTER CCCXV. A Further Supplement to an act entitled "An Act to establish a new township in the county of Union, called the township of Linden," approved March seventeenth, one thousand eight hundred and seventy. 1. Be it enacted by ike Senate and General Assembly o/oveneen of the State of New Jersey , That the overseers of the high-{jy*J'^y^'® ways for the four road districts of said township shall hereafter no longer be appointed by the township com- mittee of said township, but the overseer in and for each of such districts shall be elected by the legal voters of such district, at an annual election to be held in each of such districts on the Saturday preceding the annual town meeting in such township; and public notice of Notice of dec- such annual election shall be given by the clerk of said ^'P"' ^® ^ township, by notices signed by such clerk, and set up at^'^^°' three of the most public places in such district, stating the object of such meeting and the time and place of holding the same. 2. And be it enacted, That such election shall each year Hours of hoid- be held between the hours of seven and nine o'clock in ^^ e>««t»on8. the afternoon of the day on which the same shall fall; that the legal voters who shall be present at the appointed place at the hour of seven o'clock in the afternoon on such appointed day, shall proceed to elect a judge of Election offi election ^nd a secretary or clerk, who shall receive thej*f|"'**®^ ^^^' votes and conduct such election in the same manner as the regular township election in said township is now conducted by law, except as otherwise provided by this act, and shall at the close of such election certify and return to the township committee of such township a statement of the whole number of votes, together with the names of the persons voted for, and the name of the person decided by such judge and clerk to be the person receiving the highest number of votes, which person 454 SPECIAL PUBLIC LAWS. shall be the overseer of highways in and for such dis- trict for the ensuing year. Boida now au- 3. And he it enacted, That the bonds which the town- Usuedtnotto* shlp Committee of said township are now authorized by exceed n cer- law to issuc to Carry out the purposes of the third section taiD amoant. ^^ ^^ ^^^ entitled "A Supplement to an act entitled ' \ Supplement to an act to establish a new township in the county of Union called the township of Linden/" ap- proved March seventeenth, one thousand eight hundred and seventy, which supplement was approved April fifth, one thousand eight hundred and seventy -one, shall at no Amonnt. time exceed in amount the sum of forty thousand dollars in par value of such bonds actually outstanding. Asseesinents 4. And be it enacted, That the assessments which the town- excilwiv^i'"*^* ®^^P committee of said township are authorized to make by ■j^ainsrown- the Said third section of the act last above named, shall ere, &o. jjQ longer exclusively be made against the owners on both sides of the street or avenue, road or highway, or part thereof, upon which an improvement shall be made, nor upon the basifi prescribed in and by such section ; but the basis of sucn assessment hereafter in all eases shall be the benefits actually derived by the respective Basis of aaeeiM- owners of all the lands in the neighborhood of, and ben"eVt8 ac^tu-**^ which shall be benefited by, the improvement, for the ally derived, cost of which such assessmeut shall be made, including *®" the owners of lands along such street, avenue, road or highway in proportion to the benefits received by each, and all such assessments shall be made accordingly. 5. And be it enacted^ That this act shall be a public act and shall take effect immediately. Approved April 6, 1875. SESSION OF 1875. 455 CHAPTER CCCXVI. A Further Supplement to the act entitled "An Act relating to the assessment and revision of taxes in the city of Newark," approved March fifteenth, one thou- sand eight hundred and sixty-six. 1. Be it enacted by the Senate and General Assembly q/'No deduction the State of New Jersey, That in making the valuation I^on^^ro^JTy,' and assessment of personal property in said city of wniew state- Newark for state, county and municipal taxes, no de- Jhtf inde™ ed^ duction of the amount of any personal indebtedness neus was not shall be made therefrom, unless the individual claiming dudngtaxee^ such deduction, in addition to the statement in writing Me- ander oath or aflBrmation now required by law to be made for that purpose, shall sign a statement under oath or affirmation that no part of such indebtedness was created for the pur|)ose of reducing the taxes of such individual ; also, that the stated actual value of the personal property of such individual includes not only that to which such individual holds the title or possession, but also that to which any other person or persons hold the title or possession for such individual, whether the same be held in trust or otherwise. 2. And be it enacted, That any person guilty of wilful Penalty for and corrupt false swearing, or affirming, in taking any ^^^ ^^^eanng. oath or affirmation required by this act, shall be guilty of perjury, and punishable accordingly. 3. And be it enacted, That in all cases when the provis- Dednctiona for ions of this act and the act to which this is a supplement J"^®^j^™^ and all other laws relating thereto are bona fide complied real and per with, deduction shall be made from the personal and 4° "* ^***®' real estate of every person assessed for all debts bona fide due or owing to creditors residing in this state, and that all acts or parts of acts inconsistent herewith are Repealer. hereby repealed. 4. And be it enacted, That this act shall take efiect im- mediately. Approved April 6, 1875. 456 SPECIAL PUBLIC LAWS. Number of councilmen. MdlKlbOTB to divide by lot into cla8868, When wards maj he divided into districts. Officers electeo and appointed. CHAPTER CCCXVII. A Further Supplement to an act entitled "An Act to in- corporate the city of Hoboken," approved March twenty-eighth, one thousand eight hundred and fifty- five. 1. Be it enacted hy the Senate and General Assembly of the State of New Jersey, That on and after the first Monday in May next, the council of the city of Hoboken, shall be composed of two councilmen from each ward of said city. 2. And be it enacted. That the councilmen of each ward, first elected under and by viruie of this act, shall at their first meeting after their election by lot divide themselves into two equal classes, one of which shall go out of office at the expiration of the first year, and the other at the expiration of the second year ; and that on the second Tuesday of April, of the year one thousand eight hundred and seventy six, and every year thereafter, there shall be elected one person as councilman from each ward, who shall hold his office for two years. 3. And be U enacted. That whenever any ward shall poll over eight hundred votes at any election, the council of the city of Hoboken, may by ordinance divide the same into two election districts, making the said district as nearly equal in respect to votes as possible ; and a judge and inspectors of election, and a ward clerk may be thereafter elected within and for each of said districts; whenever any such division shall be made, it shall be the duty of the council at the time of making the same, to appoint an additional judge of election, tw^o inspectors of election and one ward clerk for said ward, who shall serve until their successors are elected ; the oflicers so appointed shall perform their duties within the election district within which they shall severally reside ; and in making such appointment, the council shall have refer- ence not only to the residence of the oflBcers so appointed, but to the residence of the like officers already elected SESSION OF 1875. 457 for said ward ; the said inspectors so appointed shall not belong to the same political party. 4. Andbeitenacteay That the board of police commis-Bonrd of police sioners of the city of Hoboken shall have power to pun- J^*^y'^„*\X" ish any member of the police force of said city, who memberH of may have been found guilty of a violation of the rules S^)^® **"*' of said board, or any one of them, by reprimand, forfeit- ing or withholding of pay for a specified time or dismis- sal from the force, but not more than fifteen days* pay shall be forfeited or withheld for any one offence. 5. And be it enacted, That the police force of said city Police force not shall not be increased to exceed forty-five men, aucl J.^.^^*^^^^. chance men shall not be appointed unless to take the ber. place of those members of the police force who may be actually absent from duty by reason of sickness or from other causes. 6. And be it enacted. That all acts and parts of acts, in- Repenier. consistent with the provisions of this act, be and the same are hereby repealed, and this act shall take effect immediately. Approved April 6, 1875. CHAPTER CCCXVIII. A Further Supplement to the act entitled " An Act to revise and amend the charter of the city of Newark." 1. Be it enacted by the Senate and General Assembly o/ dumber of the SkUe of New Jersey, That the commissioners to be here- commisaion after appointed to estimate and assess damages and bene-**^** fits under the act to which this is a supplement, or any supplement thereto, shall be only three in number, and that no estimate and assessment of benefits shall hereafter AfBessmenta to be made under said act and supplements by the city *>« »"Ndet)y surveyor, or otherwise than by said commissioners. ere. 2. And be it enacted, That any person or persons con- Persons aj?- ceiving himself, herself, or themselves aggrieved by thef^y^^pL^^' proceedings or report of said commissioners, in respect to 30 158 SPECIAL PUBLIC LAWS. and proceed- the estimate and assessment of damages for any property apTCtti*''"^ ^'^ taken for any public improvement in said city, may appeal therefrom to the supreme court of this state, within sixty days after the date of the confirmation of such report, and the said supreme court shall thereupon order a trial by jury to re-assess the damages sustained b)'' the party so appealing, on an issue to be framed for that pur- pose, the trial whereof shall be conducted as in other cases of trial by jury; and if the said jury shall find a greater sum than shall have been awarded or assessed by the said commissioners in favor of the ])arty appellant, then judgment thereon with costs shall be entered against the said city ; but if the jury shall find the same or a less sum, then such judgment shall be entered therefor, without costs, in favor of the' appellant, and a judgment for costs shall be aw^arded in favor of the city, against the appellant, which may be deducted from tiie sum found for the appellant, but such appeal shall not prevent the city from taking said property and proceeding with the local improvement. 3. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect ihime- diately. Approved April 6, 1875. CHAPTER CCCXXII. A Further Supplement to the act entitled " An Act con- stituting a Public Road Board for the laying out, con- structing, appropriating, iinproving, and maintaining public carriage roads in the county of Essex," approved March thirty-first, eighteen hundred and sixty-nine. When any «8 1. Be IT ENACTED by the ScucUe and Ge7i€ral Assembly of HBide Ihe court ^^ ^^^ ^ ^^^ Jersey, That where any assessment made may appoint uudcr Said act or any supplement thereto, has been or ®J|j^jJ**^!j^^"^ shall be set aside only as to the prosecutor or prosecutors new amm- of any Writ or writs of certiorari, by any court of review, ment SESSION OF 1875. 459 the court or any judge thereof shall thereupon order a new assessment and appoint the same or other as- sessors to re-assess the amount of the assessments so set aside, .together with the lawful interest accrued thereon, the costs and expenses of such review, and of such re-assessment, to be estimated and laid before them by the Essex public road board ; and said assessors so ap- ^'^^ ^^ rt pointed shall proceed as provided in respect to the S^b^rd!^^ original assessment, and report to the said board ; but in making such re-assessment no tracts or lots of land originally assessed for the benefits of the said improve- ment, and the original assessments upon which shall not have been set aside, shall be liable to be re-assessed, but^h^ji^^^p^^^ the same shall be exempt from such re-assessment, and exempt from that this act shall take effect immediately. re-ae-esement Approved April 7, 1875. CHAPTER CCCXXIII. An Act to vacate Plymouth street, in Jersey City. 1. Be it enacted by the Senate and Oeneral Assembly o/ Plymouth ihf State of New Jersey, That Plymouth street, in Jersey ^J^„*owner8^f City, between Greene street on the east and Washington lands consent, street on the west, shall be vacated when the owners of **^* the property situated fronting on each side of said street shall file their consent thereto, in the office of the secre- tary of state, which consent shall be in writing and under seal, and shall be acknowledged or proved in the manner in which deeds are required by the laws of the state of New Jersey to be acknowledged or proved ; and Consent, when said consent shall be so filed on or before the first day of *° ® ® ' January, eighteen hundred and seventy-six. 2. And be it ena/ied, That this act shall take effect im- mediately. Approved April 7, 1875. 460 SPECIAL PUBLIC LAWS. WnrcTs stricken ont. Word's ihser- tod. CHAPTER CCCXXIV. A Further Supplement to an act entitled "An Act to revise and amend the charter of the town of Orange," approved March third, eighteen hundred and sixty- nine. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That the words "forty-fourth" in the third section of the supplement of the above entitled act, which said supplement was passed March thirtieth, eighteen hundred and seventy-five, be and the same are hereby stricken out and the words "fifty-fourth" inserted in lieu thereof. 2. And be it eaadedy That this act shall take effect im- mediately. Approved April 7, 1875. Board em* piiwvrf^d to elect auditor. Onties of. CHAPTER CCCXXV. A Further Supplement to an act entitled "An Act to incorporate the Chosen Freeholders in the respective counties of the State," revision, approved April six- teenth, one thousand eight hundred and forty-six. 1. Be it enacted by the Senate and General Assemily of the State of New Jersey, That the board of chosen free- holders of the county of Essex, state of New Jersey, are hereby authorized and empowered to elect a suitable person who shall be known and designated by the name of "the auditor of the county of Essex," and who shall Eerform such duties as may from time to time be imposed y said board, for the purpose of exercising a thorough SESSION OF 1875. 461 supervision over the expenditure and receipt of moneys by the collector of said county, and who shall give such security for the faithful discharge of his duties as may be required by said board. 2. And be it enacted, That the said auditor shall be Annual eier- elected, and his annual compensation determined by tion of auditor. a vote of the majority of all the members of said board, at their first annual meeting next ensuing, and at their first annual meeting in each and every year thereafter, and sliall hold his office for one year or until his successor Term of office. shall have been elected, or he shall have been removed by a majority vote of all the members of said board, which power of removal for cause is hereby vested in said board. 3. And he U enacted, That tlie said board of chosen free- Powers of holders are hereby invested with full powers to enable holders*/ ^*^®^* them to render effectual the purpose named in the first section of this act or supplement thereto. 4. And be it enacted. That this act shall be deemed a public act, and shall take effect immediately. Approved April 7, 1875. CHAPTER CCCXXVI. A Further Supplement to an act entitled "An Act to ena- ble the Trustees of Freehold School District Number Seven to sell the present school property, and to buy other property and erect a school house thereon, and to issue bonds in payment therefor." 1. Be it enacted by the Senate and General Assembly o/Trusteee may Oie State of New Jersey, That it shall be lawful for the LTamo"um trustees of Freehold School District Number Seven to issue bonds in addition to those already issued, by said act, the amount not to exceed twelve hundred dollars, and that the additional bonds shall not be payable until the bonds already issued are redeemed and canceled. 462 SPECIAL PUBLIC LAWS. 2. And be it enacted. That this act shall take effect im* mediately. Approved April 7, 1875. Salary of prosecutor of pleaa. FecH, how taxed and col- lected. CHAPTER CCCXXVII. An Act to regulate the salary of the Prosecutor of the Pleas in the county of Warren. 1. Be it enacted by Hie Senate and General Assembly of the State of New Jersey, That the salary of the prosecutor of the pleas for the county of Warren shall be one thousand dollars per annum, which sum shall be paid to him in quarterly installments by the collector of said county, and shall be in lieu of all fees, costs and com- pensation now received by him ; and all fees, costs and com- pensation that the said prosecutor is now entitled by law to receive, shall be taxed in all bills of costs as the same are now taxed, and shall be collected by the sheriff of said county of Warren, and be by him paid to the col- lector of said county for the use of said county. 2. And be it enacted, That this act shall take effect im- mediately. Approved April 7, 1875. SESSION OF 1875. 463 CHAPTER CCCXXIX. An Act to authorize the voters of that part of Westfield township called Scotch Plains, and its vicinity, within certain boundaries, to open the polls and vote at Scotch Plains, for all officers and purposes voted for by West- field township at tlieir regular or ordered meetings. 1. Be it enacted hy the Seriate and Oefneral Assembly o/xownship divi- the State of New Jersey ^ That all that portion of Westfield ded into two township, in Union county, commencing on the Terril f^f^^*^" ^"' road, at its junction with Green brook 'aiid Plainfield, thence northerly, following the Green brook to Feltville, until it meets the road coming down the mountain near the factory ; thence in a southerly direction, straight over the mountain until it strikes the Jerusalem road where the Morse road meets the Jerusalem road ; thence in a straight line to where the Central Railroad crosses the Westfield road near the Case place ; thence in a southerly course, a straight line to the Hand road east of George Squier's residence ; thence still in a southerly direction, following that road to the Terril road ; thence westerly following the Terril road to the place of beginning, in- cluding all the inhabitants within said litpits, shall con- stitute an election district within said township, and that any qualifi.ed voter residing in said district may vote therein, and not elsewhere in said township. 2. And be it enactedy That the judges ana clerk of elec- Election offi- tion of said district shall be elected and appointed in thej*^"*^®'' «*«5' same way and manner, and their duties shall be the same, ^ ' except as hereinafter provided, as is now provided by law at township elections, and the assessor and collector ofwhotobe said township, or either of them residing in said district,JJ^««» of eieo- shall be judges or judge of election in said district. 3. And be it enacted. That the judges of election of said statement of district, as soon as may be after any election held therein, result of eiec- shall transmit a statement of the result thereof, and a cer- madlrfcc. tificate in like form with that prescribed in the sixty- 464 SPECIAL PUBLIC LAWS. second section of the act entitled "An Act to regulate elections," approved April sixteenth, eighteen hundred and fortv-six, to the board of election of said township, and shall deliver the poll book of election and the ballots which shall have been received therein, as well, those which shall have been deemed and taken to be null and of no effect, as those which shall have been estimated and danvassed, to the clerk of said township, and the said statement, poll book and ballots, shall be treated by such judges and clerk the same as if made and received by them at the township election. App|>in*m«»t^ 4. And be it enaded. That George Squeir (the present eeciono ^»Q|ig(.|^Qj. ^f g^j^j towuship), Jamcs A. Baker and William C. Stransberry, shall be the first judges of election in said district, and that Thomas Nicholl shall be the first clerk of election of said district. 5. And be it enacted. That this act shall be deemed a public act| and shall ^toke effect immediately. Approved April 7, 1875. cere. CHAPTER CCCXXX. An Act to authorize the inhabitants of the township of Delaware, in the county of Hunterdon, to vote by ballot at their annual town meetings. Inhabitants to 1. Be IT ENACTED 6y the Senate and General Assembly of tiwns^ii ^offi^*'^'^ ^^ ^f ^^^ Jersey, That the inhabitants of the town- jjwnsiipu ghip Qf Delaware, in the county of Hunterdon, be and they are hereby authorized and required to elect by ballot, at their annual town meeting between the hours of ten o^clock in the morning and seven o'clock in the afternoon (excepting one hour adjournment between the hours of twelve o'clock noon, and one o'clock in the afternoon,) in the manner now authorized by law for the election of state and county officers, all such township officers (excepting overseers of the highways) as the in- habitants of tne said township are now or hereafter may SESSION OF 1875, 465 be authorized or required to elect; and shall at one Amount of o'clock of said day fix by viva voce vote the amounts of^^^^^^^ ^^^^ money to be raised by the said township for schools, for hoHooIb, roads and other purposes,, and als^ the place of holding '*'"^*'^°* the next regular election in said township for the elec- tion of state and county officers. 2. And be it enadedy That the inspectors of elections Eiw^Hons, by elected at the last general election for state and county J^°'2J°°*^"°' officers, or at any future election for such officers, shall preside at a'nd conduct the election at the next ensuing annual town meetings in said townships, respectively, which town meetings shall be held at the same place as the regular election for state and county offi(rers next preceding the same was held. 3. And be it enadedy That in case of a tie vote, or a vncnncies in neglect or refusal of any officer elected to serve, the town- *^||f®^' ^^^'^ ship committee shall have power to fill such vacancy at their next meeting after such election, and to decide between those having an equal number of votes. 4. And be it enaded, That hereafter the acting over- Ov<»r»e©r of seer of the highways in each and every road district in cau mwitn^i, said township, shall call a meeting of the voters of said ^n^Kive notice road district, to be held on Saturday previous to the next**^®*^^* regular town meeting, at two o'clock in the afternoon, by a notice in writing, under the hand of said acting over- seer of the highways in said district, set up at three of the most public places in said district for at least five days previous to such meeting, for the purpose of elect- ing an overseer of, the roads for said district for the ensu- ing year, and the person who shall receive a majority of who deemed the votes cast at such meeting thus called shall be the®*®^*®**- overseer of said respective road district for the next year, and it shall be the duty of the late overseer to report the result of such election to the town committee elected at their town meeting next succeeding the same. 5. And be it enacted. That this act shall be deemed a public act and shall take effect immediately. Approved April 7, 1875. 466 SPECIAL PUBLIC LAWS. CHAPTER CCCXXXL A Further Supplement to the act entitled "An Act to re- vise and amend the charter of the city of Newark." ^^er to issue I. Be IT ENACTED by the Smote and General Assembly of amount?" ^ H^ State of New Jersey ^ That it shall be lawful for the mayor and common council of the city of Newark to issue bonds, under their corporate seal and the signature of the mayor, for an amount not exceeding four hundred thousand dollars, bearing interest at the rate of seven per cent, per annum, registered or otherwise, with cou- pons attached or otherwise, and payable at such time or times as may be agreed upon by the common council, not exceeding twenty years from the date thereof, pledg- ing the credit and whole property of the said city for the Mar sell bonds, payment of the same; which bonds it shall be lawful oeeds^Eereor foj" the mayor and common council of the city of New- for payment of ark to scll at public or private sale, for the best price bonds author- .1 i_i. • /• i.i_ j .1 i xi j izedbycer- they cau obtam for the same, and to apply the proceeds tain act, Ac. thereof to the payment of the bonds issued by virtue of an act of the legislature, entitled "A further supplement to the act entitled an act to revise and amend the charter of the city of Newark," approved March eleventh, eigh- teen hundred and fifty-seven, which said supplc^neat . was approved February twenty-thfrd, eighteen hundred and seventy. Interest, ate., 2. And be it enacted, That the said common council Usned* to be shall provide, by a special tax, for the payment of the provicfedbya interest on the bonds hereby authorized to be issued, a^a dnking and shall also create a sinking fund, for the payment of fun I created, the Same, and for that purpose shall assess and collect a special tax equal to three per cent, on the whole amount of said debt. 3. And be it enacted. That all moneys arising from the sale of lands now held by the mayor and common coun- cil of the city of Newark, known as lands purchased for the improvement of Clinton Hill, and mxjre fully de- SESSION OF 1875. 467 scribed on a map deposited in the office of the city comp- Moneys arising troUer, shall be paid to the commissioners of the si*iking{^j™8"idM- fund, and all bonds and mortgages an4 other evidencessesainents, &c., of debt received as consideration for any portion of the ^"rt^n^, above mentioned lands, shall be delivered to the said &o., sbAii be commissioners of the sinking fund, and all sums col-^^pntof lected thereon, whether as principal or interest, and all p^ncipai and moneys derived from any assessment for benefits hereby {||,nS»!'&c. or heretofore authorized to be assessed by the commis- sioners, created by the act to which this is a supplement, or by their successors, shall be devoted by the said com- missioners of the sinking fund to the payment of the principal of the bonds authorizfed by this act; and the commissioners of the sinking fund shall, on the first Commission- day of December in each and every year, report the con- "^^^^ *""^® '•' dition of the same to the common council. 4. And be it enacted, That in case the said commis-Taxtoeease sioners of the sinking fund find, at any time before the ]J^"^*JJ|J^^"* maturity of said bonds, that. the amount of moneys andmuountof securities in their hands will enable them to pay said Ha.I'd^to^y'"' bonds at their maturity, they shall immediately there- bonds, &c. upon report the said fact to the common council, who shall thereupon cease to levy the tax authorized by this act, and the said commissioners of the sinking fund shall take such measures to call in and redeem said bonds as they may deem expedient. 5. And be it enacted. That all acts or parts of acts in- Repealer, consistent with or repugnant to the provisions of this act, are hereby repealed, and that this act shall be deemed a public act, and shall take effect immediately. Approved April 7, 1875. 4G8 SPECIAL PUBLIC LAWS. CHAPTER CCCXXXII. A Further Supplement to an act entitled "An Act for the improvement of Flemington," approved the fourteenth day of March, in the year of our Lord one thousand eight hundred and seventy. Commission- 1- Be IT ETsfACTED by the Senate and General Assembly of ewmayao. the Stoie of New Jersey. That it shall be lawful for the qmre and noldi j r . . •'' r tt^i • a i. • j tittetoiand, Doard of Commissioners of Flemington to acquire and fire engine, &c. hold title to the lot of land situated in the village of Flemington, adjoining lands of Alexander Wurts, and others, whereon the engine house is erected, and also to acquire and hold title to the fire engine, hose and all apparatus thereto belonging, now used and kept in the said village of Flemington. When commia- 2. And be it cnocted, That it shall and may be lawful sioneremayex-for said Commissioners, out of the moneys placed at their Efr°repaar of disposal by the act to which this is a supplement, to hou«e"Sc^ expend such sum as may be necessary to keep said ' ' engine house in a proper state of repair, and the said fire engine, hose, and apparatus in good working order, but no such expenditure sball be made until a fund of five hundred dollars, contributed by the citizens of Flem- ington, with the accumulations thereon, shall have been properly expended for the repair of said engine house, and in keeping said fire engine, hose, and apparatus in good working order. CommisMon 3. And be H enadedf That the said commissioners shall ere to pubii8h on or before the fifteenth day of May of the present vear, statement of j r u u xu. ut u i- T • moneys re- and 01 cach year hereafter, publish tor one week, m ^•^*°^^"' the two newspapers printed and published in the town of Flemington, a detailed statement of all moneys re- ceived by them, and how disbureed, particularly show- ing to whom paid, in what amounts, what for, and when. SESSION OF 1875. 469 4. And be it enacted, That this act shall take effect im- mediately. Approved April 7, 1875. CHAPTER CCCXXXIV. An Act to repeal an act entitled "An Act to authorize and provide for a transcript of certain deeds, mortgages and official records of lands and real estate in the county of Union," approved March twenty -seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly o/ Repeater. the State of New Jei'sey, That the act entitled "An Act to authorize and provide for a transcript of certain deeds, mortgages and official records of land and real estate in the county of Union," approved March twenty-seventh, one thousand eight hundred and seventy-four, be and the same is hereby repealed. 2, And be it enacted. That this act shall take effect immediately. Approved April 7, 1875. CHAPTER CCCXXXVII. Supplement to the charter of Hackettstown. 1. Be IT ENACTED by the Senate and General Assembly o/ Power of ap- the State of New Jersey, That the common council of the P^j?.^^^ ®^ town of Hackettstown shall have the right by not less than five concurring votes, of appointing policemen for said town upon the nomination of the mayor, as many as they may from time to time deem necessary to preserve 470 SPECIAL PUBLIC LAWS. good order in said town, and at such salary as they may deem just and right. di*^H^™"^ 2. And be it enacted, That the said mayor shall have pSice.^*^^ the right to discharge any or all of the said policemen whenever he shall deem it proper. Police to Birert 3. And be it eiuicted, That it shall be the duty of such druiik^*^*"^ policemen to patrol the streets and prevent riot and dis- •ODB. turbance in the streets and disorderly conduct, and to . arrest disorderly and drtfnken persons found in the streets, and put them in the common jail of the town, who shall be there detained until released by order of the mayor or some member of the common council, and it shall be also the duty of said policeman to inform the mayor within twenty-four hours after putting such dis- orderly person or persons in the common jail of the said town of such imprisonment, and the number of persons so locked up, ana the mayor shall thereupon order the said disorderly person or persons to be brought before him, who shall be fined sucn sum as he may deem just, not less than one'dollar, nor more than twenty-five dol- lars, and discharge the same from custody upon the pay- Dntiee of Any ment of the fine ; and in case the mayor at the time snail SSence'ofthebe out of town, or uot to be found, the said policeman mayor. shall notify any member of the common council, who may order the said disorderly person or persons brought before him, and thereupon he shall examine into the same and impose such fine as aforesaid, and upon receiving said tine or fines shall discharge the prisoner or prisoners, but no person shall be confined in said jail for any longer term than seven days. Power to 4. And be it enacted, That the mayor and common ^^s, * ** council of said town shall have the right to license all public billiard saloons in said town, and make and pass ordinances relating to the same, and to close up all such public place or places as shall not be duly licensed by them, and it shall be unlawful for any person or persons to keep any public room where billiards are played with- Penaityfor out a liceuse, first had and pbtained from the mayor and wwSoutiio^! c^™^"^^^ ^^^'^^i'j and for every violation of this enact- ment every offender, upon conviction, shall be liable to pay a penalty of twenty-five dollars, to be recovered by action of debt by any person who shall sue for the. same in the name of the treasurer of s^id town for the benefit SESSION OF 1875. 471 of the inhabitants thereof; said suit shall be brought before the mayor of said town, who shall be and hereby is empowered to hear and try the same, and to render judgment and issue execution for the same against the goods and chattels of the said offender, and deliver the same to any of the constables of said town, who is hereby commanded to make the moneys mentioned in said exe- cution, with costs, out of the goods and chattels of such offender; providedy that any person feeling himself orProTisa herself aggrieved by the decision of the mayor, he, she or they may appeal to the said mayor and common coun- cil within ten days after the decision of said mayor; and the said mayor and common council shall re-try the said cause, and give judgment on the same, and the mayor shall issue execution according to the judgment and de- dision of said mayor and common council ; provided also, provwo. that the defendant shall have the right of removing all of the proceedings before said common council to the supreme court of New Jersey by certiorari, in the same manner and way as in other cases. 5- And he it enacted, That hereAffcer'the said common Contracts, council of Hackettstown shall not let or hire out any job y^^" °" ^ *"^ of work of any kind or description, to any member of the said common council, either directly or indirectly, and all contracts made in violation hereof, shall be null and void ; and all jobs of work amounting: to one hundred Work to be dollars or over, shall be duly advertised for one week in J^J^^IJ^n 'to two of the newspapers circulating in said town, and upon *}»« lowest bid- the day specified in such advertisement, the said work or job shall be let or sold out to the lowest bidder for the same ; provided, the common council shall be satisfied as Proviso. to the ability of the bidder to complete the work. 6. AndJ>e it imacted, TTiat the common council of the Unlawful for town of Hackettstown, shall not hereafter in any onecfu^rxpen^d" year vote, lay out, expend or order to be paid any sum '«y <>»*' order, or sums of money of three thousand dollars or over that mone ™&c.* ^ amount, without first by lawful vote ordering it to be assessed and levied the san:^e year in which the work is to be done, excepting for debts already incurred, and all contracts or engagements by the said common council, made in violation of this provision, shall be absolutely null and void ; provided, that nothing herein contained Proviso. 472 SPECIAL PUBLIC LAWS. shall interfere with the charter and laws of the wat«r board of said town. Proceeding in 7. And be it enocted. That hereafter when the common Irrouri«?ini "'^ council shall deem it necessary to take and appropriate lands for lay- any land and premises for the purpose of laying out, inK,'aiterinjrr widening, altering and opening any new street or streets and op<»ninK in said town of Hackettstown, whether the same be taken or 8tre^8* ^^^ and appropriated by the common council by purchase or condemnation, the amount so designated to be paid by the common council, by either purchase or award of commissioners, shall be assessed and levied upon all the lands and premises benefited and improved by the opening of such street or streets, and the mayor and common council shall appoint three disinterested free- holders of said town to be commissioners to make an assessment of damages for the taking of the said land, if by condemnation, and of the amount to be assessed and levied upon each lot of land and premises so benefited and improved, sufficient to defray all expense tliat may accrue in the laying out, widening, altering and opening said street or streets ; such assessment and levy shall be made by the commissioners appointed as aforesaid, with due regard to the benefit, profit and advantages that lay- ing out and opening said street or streets may be to the lands and premises so assessed ; the said commissioners shall make a report to the common council of the damages assessed and the amount of the levy and assess- ment made upon each lot of land and premises so benefited, within forty days from the time of their appointmtnt ; such assessment and levies shall be and remain a lien upon said lands and premises, according to the report of ProviBo. said commissioners ; provided, that in case said lands and premises are taken by condemnation or purchase, the owner or owners of said lands and premises so benefited, shall be at liberty at any time within six months from the filing the award of the commissioners by the common council, in the town^ records, to appeal from said assess- ment of said commissioners, to the circuit court of the county of Warren, by simply giving a written notice of the same to the said common council, and which said appeal shall be tried by jury ; and the aforesaid lien or liens shall, in all respects, conform to such final decision, and if the said assessment be not paid or satisfied SESSION OF 1875. 473 within six months from the time of rendering such assessment, or within ninety days from the final decision of said court, and after ten days' notice, signed by the town clerk and served upon the owner or owners of said lands and premises, then the common council may pro- ceed and order the property so held as a lien to be sold, and sell the same at public sale, to pay the amount of said levy and assessment ; and provided ako, that any Proviso, person or persons conceiving himself, herself, or them- selves aggrieved by the proceedings of said common council or commissioners as to the award rendered as damages to the owner by said commissioners, for taking any land and premises, and appropriating the same for laying out, widening or altering any new street, may appeal within six months after making the final order of said common council, to either the court of common pleas of said county of Warren, or to the circuit court of said county, and said courts, or either of them, shall order a trial by jury to assess the damages sustained by the owner or owners of the land or lands thus taken for said street or streets, the trial or trials whereof shall be conducted as in other cases of trial by jury, and for making such appeal it shall only be necessary for tlie party aggrieved to give a written notice of such appeal to the said common council, who shall certify the pro- ceedings thereof to said court or courts. 8. And be it enacted, That on all the public streets in auhli? o?^*^ said town, where flag-stone walks are already laid, or expense curb where they shall hereafter be laid in said town, the J^^^^^^^'^J^^^ owner or owners of lands along said streets, shall be &c. ^ compelled to lay down, at their own expense, good and sufficient curb stones outside of said walks and make good and sufficient gutters along the same, in accordance with ordinance or ordinances legally passed or which may hereafter be legally passed by the said common council for that purpose ; and in case the common council of said town shall have legally passed any ordinance or ordinances in relation to the same, having given three months' notice thereof to the owner or owners of said lot or lots along said street or streets, and ^^ owners neg- the owner or owners of the same shall have neglected to cSrb anS^^ut- lay the curb stones and make gutters as aforesaid for the {^[j ^^^'^^ space of three months, then the common council shall SmL. ' 31 474 SPECIAL PUBLIC LAWS. have the right to lay the curb stones and make the gutters as aforesaid, at reasonable costs and charges ; and CoBtB and all the costs and charges arising from the purchasing, mai^riienr ^^Y^^S ^"^ making the same shall be and remain a lien on said land of said owners till the said costs, charges and expenses are duly paid, but each lot shall be liable only for the expenses incurred by such improvement in its own front and distance ; and should the said costs and expenses and charges remain unpaid for the period of one year after the making and laying said curb stones Council may and gutters, it shall then be lawful for the said common ?o^*a *co8t8^^ council to order the lot or lots of land and premises upon ^^payco , ^jj-^j^ g^jj jj^jj exist to be sold by public sale, for such time as shall be necessary to pay the said costs, charges and expenses with legal interest thereon, and to make sale thereof accordingly, having first advertised the same for the space of twenty days in two of the news- papers circulating in said town. Preamble. And WHEREAS, The Said town of Hackcttstowu is now indebted in the sum of seventy-one thousand dollars ; therefore. Power of cotra- 9. And be it enacted, That it shall be lawful for said bo!idi'*for^the common couucil of said town, for the purpose of paying pavmenrLf off the Said debt of said town, to issue bonds of said debt town in sums not less than one hundred dollars to the Amount. amount of seventy-one thousand dollars, and which said bonds shall be sealed with the common seal of the town of Hackettstown, and signed by the mayor and attested by the treasurer of said town, and which said bond or bonds shall be used only for the purpose of paying the Clerk to keep Said indebtedness of said town, and the town clerk shall record. keep a true and accurate account and record of all bonds so as aforesaid issued, and record the same in the town records in a book provided for that purpose, and which record shall give an accurate description of each and every bond, stating the number of said bond or bonds, the amount of money it calls for, the date oT its issue and the time when it shall fall due, and before any bond or bonds so as aforesaid made, shall be put in circulation, it or they shall be first numbered in figures on the mar- gin thereof, and the number thereof shall be also writ- ten or printed in the body of the same, and any and every bond of said town, made under this act, which is SESSION OF 1875. 475 not so as aforesaid, particularly specified and registered in the town records as aforesaid, snail be null and void, ^,?^»-7^^ ,,j ,, ' , j-jij nuU and void. in whose hands soever the same may be, and said bonds shall be due and payable in not more than ten years and When bonde not less than two years from the date thereof, and should p™y©.'^"nd any of the said bonds by the said mayor and common penalty for council, or any member thereof, or any other person, be SS^g^Vor other sold, transferred, passed or put in circulation for anypnrpoaes. other purpose than that of paying off the present in- debtedness of said tow^n, it shall be a high crime and misdemeanor, and on conviction thereof, the said mayor or any member of said common council, his or their aiders or abettors, shall be fined to the full amount of said bond or bonds to and for the use of said town, and which said fine shall be and remain a lien upon the real estate, goods and chattels of such offender until paid, and the said oflFender shall, in addition, be liable to im- prisonment at hard labor for not less than one year nor more than ten years at the discretion of court; wrovirfed, Ptovwo. that no bond authorized by this act shall be sola for less than ninety-five per centum of its par value. 10. And he it enacted That the fourth section of the Election of charter of the town of Hackettstown, be so far modified ^dTheir^meet and changed, that at the annual town meetings of said ings. town, the citizens thereof qualified to vote, shall elect by ballot seven common councilmen, all of whom shall hold their respective offices for one year, and until others are chosen and legally qualified in their stead, and at the first meeting of said common council after being duly sworn in, they shall elect by ballot, one of their number to preside over them in all their meetings, and who shall not be entitled to a vote on any question except in cases of a tie, and no ordinances or resolutions shall be passed ordinances by said common council, without four concurring votes, *"<* ^^^^^ « lions how and the mayor of said town shall not be entitled to a vote passed, and in any case, but whenever any ordinance or resolution '"'*y**'" *** *P' receives four concurring votes, it shall be copied and '*"*^^* given by the clerk of said town to the mayor for his ap- proval, and if approved by him, he shall so certify by endorsing such appoval on the back thereof, under his own hand and signature; but if he disapproves of the same, he shall so certify to the common council with his reasons for the same^ and at the next regular meeting of 476 SPECIAL PUBLIC LAWS. said common council, they shall consider the objections of the said mayor so sent into them, and if after mature deliberation, the common council, or a majority of them, think the reasons assigned by the mayor insufficient, they shall so order and may then pass the said ordinance or resolution by not less than four concurring votes; and whenever any ordinance is so passed, it shall be recorded and then published in both of the newspapers edited in said town for the space of one month, after which the ordinance shall be a valid law of said town. Town of 11. And be it enacted, That sections nine, ten and ele- tci'beattheTx ven of the charter of the town of Hackettstown, be so Pv^n ^^ d ^^^ modified and changed that the town of Hackettstown, jnwiin|Sde- shall be at the whole expense of leveling and grading walks. \x^Q sidewalks in all the streets in said town whenever the same shall be done, and that the owners of lands ad- joining said streets, shall not be liable for any expenses Walks here- of doing sucli work bcyoud their ordinary taxation ; and ma^de^y o*wii^all walks hereafter laid in said town by paving, planking era, Ac. and making of the same in any of the streets thereof, shall be made by the owners of land along the same. Repealer. 12. And be it enacted, That all acts or parts of acts in conflict with this act, be and the same are hereby re- pealed. Commissioner 13. And be it eno^tcd. That the mayor, with the ap- hU-^L^p^inted', pr^v^-l of the common council, shall nominate and ap- aud his duties! point ouc pcrsou to be commissioner of the public streets, highways, alleys and sidewalks of said town, whose duty it shall be to repair, amend and superintend the same, remove nuisances and obstructions therefrom, and per- form all duties now enjoined by law upon overseers of the highways in the several towns and townships of this state, and hereafter no overseer of the roads shall be elected in said town, but all duties now performed or enjoined upon him shall be performed by said commis- sioner. 14. And be it enacted, That this act shall take eflFect immediately. Approved April 8, 1875. SESSION OF 1875. 477 CHAPTER CCCXXXVIII. A Further Supplement to an act entitled "An Act to establish the Long Branch Police, Sanitary and Im- provement Commission," approved April eleventh, Anno Domini eighteen hundred and sixty-seven. 1. Be IT EXACTED by the Senate and General Assembly o/ officers eiec- the State of New Jersey, That the commissioners provided ted, and term for by said act and its supplements shall hereafter be° ^ ^®* seven in number, three of whom shall be appointed as provided for in the supplement to the original act to which this is a supplement, approved March thirty-first, one thousand eight huadred and sixty -nine, said com- missioners to be appointed on the second Tuesday in May of each and every year, and shall hold their office for one year and until others are appointed and qualified in their stead, and four shall be elected annually on the second Tuesday in May by ballot, from and within the limits specified in said act and supplement thereto, ap- proved April third, one thousand eight hundred and sixty-eight, said election to be held at such place or places as the commissioners, or a majority of them, may appoint, notice of which shall be given by the clerk of Notice to be said board of commissioners at least one week before the^*^^"' day of election in a newspaper printed within said limits, and also by six or more printed advertisements set up in as many public places in said limits, and shall also elect district clerk, one assessor, one collector, one clerk of election, one judge of election, and two inspectors of elec- tion, and three commissioners of appeals, all of which said officers so elected shall hold their offices for one year and until others are elected in their stead, and all or any officer elected or appointed by the provisions of this act shall, before entering into the duties of said office, take and subscribe an oath or affirmation before some person authorized by the laws of this state to administer an oath that they will faithfully discharge the duties of said office. 478 SPECIAL PUBLIC LAWS. Election, how 2. And be U enacted, That the aforesaid annual election by"whom'*°''®^*^^^ be held and conducted by the judge, inspectors and clerk of election in the same manner and under the same regulations, in all things, as prescribed by law for the state election for members of the legislature, and who shall serve without compensation for their services. Who entitled 3^ ^^^f ft^ {( enacted^ That every person who would be entitled to vote by the existing laws of this state at an election for members of the legislature, if held on that day, and who is at the time an actual resident of the said district, shall be entitled to vote for all or any of the officers to be chosen at such election. Who to be de- 4. And be it enadedy That immediately after closing ciared elected ^j^^ poUs at each election the board of election shall cpunt the votes, and the persons having the greatest number of votes shall be declared elected to the offices for which they shall have been voted for, respectively, and shall certify, under their hands, the result of said election, and shall deliver the same to the clerk of said board of com- missioners, who shall file the same in his office. Who eligible 5. And be it enacted, That no person shall be eligible to to office, &c Q^j^y office at any such election unless he shall then be an elector and resident of said district, and when any officer elected at any such election shall cease to reside in said district, his office shall thereby become vacant. Vacancies in g. And be it enacted. That whenever a vacancy shall filled' ^^ occur in any of the offices herein provided for, by refusal or neglect of such officer to take the oath of office within the time required by law, by his death, resignation, ceasing to be an inhabitant of said district from which he shall have been elected, or by any other cause, the commissioners may appoint a special election to supply such vacancy, of which special election the same notice shall be given as is required by this act to be given of the annual election, and such special election shall be conducted and the result be determined and certified in the manner prescribed in this act of conducting and de- termining the result of the annual election for the same office. Vacancies to ^- -^^^ ^^ ^^ enacted, That if at any annual election be designated there shall be one or more vacancies to be supplied, in on ballot. ^^y office, at the same time any person is to be elected for the full term of said office, the term for which each SESSION OF 1875. 479 person voted for for said office is intended, shall be desig- nated on the ballot ; and if any person who shall be officM, when elected to any office at the annual election shall not^ee"'^^ qualify according to law for the space of twenty days ^"*'*° after such election, or if any person who shall be elected or appointed to fill any vacancy in any of the said offices, shall not qualify according to law, for the space of twenty days after such election or appointment, his office shall be deemed vacant. 8. Avd be it enacted^ That in case of death, resignation, CommiMion- inability, disqualification, removal from office, neglect or^^nuoSR refusal to act, or removal out of the said district, of any vacancy. of the officers thereof, or any vacancy in any office, it shall be lawful for the commissioners to appoint others in their stead until the next election, or in the case of ap- pointed officers, until the regular period for appointment, who shall, during the said time, perform the like ser- vices, be entitled to the same fees, and be subject to the same responsibilities, as though elected at the annual election, or appointed at the regular time ; jrrovided, that Provwo. all resignations shall be sent to the clerk and he shall report the same to the commissioners at its next meeting thereafter. 9. And be it enacted, That the said judges and inspectors Eiectiona, how of election shall take the same oaths, and conduct such ^J! whom*' *"* elections, and make returns thereof, except as hereinbe- fore provided, in reference to the annual election, in the same manner as township officers of election are or may be by law required to do, and shall be vested with the same powers and authority, and perform the same duties, and be subject to the same penalties as the like officers of the townships of this state are or may be by law vested with, allowed or subject to ; and in case of the absence, VacancieB in death, incompetency or refusal to serve of any of the said ®^^^**J°^®' officers of elections at any election provided for by this filled, act, such vacancy or vacancies shall be supplied in the manner prescribed bj' law for supplying such vacancies in the townships of this state ; and the clerks of said election shall procure an election box for the use of said district, in such manner and of such description as are required to be procured by the township clerks of this state, and be subject to the same penalties as township 480 SPECIAL PUBLIC LAWS. Offi<^ere ap- pointed. Term of office Officers, to take oath. Officers, to give bonds Officers, how removed. Proviso. clerks are subject to for neglecting to procure such box and keeping it in repair. 10. And be it enacted, That the commissioners, at the regular meeting on the first Saturday in May after the annual election, or as soon thereafter as circumstances will permit, shall, by the vote of a majority of all its members, appoint a city solicitor, a street commissioner, keepers of the public pounds, one police justice, and may at the same time elect by ballot one person to act as city physician ; and may, from time to time, appoint such other subordinate officers as they may deem necessary for the ordering and governing of the said district and the execution of the powers and duties conferred and imposed upon the commissioners by this act ; the officers above named shall hold their several offices foronjs year, unless sooner removed, and until their successors shall be ap- pointed and qualified. 11. ATid be it enacted J That every person elected or ap- f)ointed to any office in pursuance of this act, or of any aw or ordinance of the commissioners, shall, before he enters upon the duties of such office, take and subscribe, before the clerk of each commissioner, an oath or affirma- tion, faithfully and impartially to execute the duties of his office to the best of his knowledge, skill and ability, and such other oaths as may be required by the laws of this state ; all such oaths or affirmations shall be filed by the clerk in his office; the treasurer, constables^ and such other officers as the commissioners may require, shall, also, before entering upon their duties, each give bond to the said commissioners, in such sum and with such sure- ties as the commissioners may approve, or as may be required by any act of the legislature of this state, con- ditioned for the faithful performance of the duties of their respective offices; and if at any time the commissioners shall deem the sureties of any other officer insufficient, they shall require him to give additional security. 12. And be it enacted, That any officers appointed may be removed from office by resolution of the commission- ers for malfeasance, nonfeasance, disability, or other good cause shown, upon complaint in writing to the com- missioners setting forth such cause, and supported by one or more affidavits of the truth of the facts therein alleged ; provided, that no such removal shall take place SESSION OF 1875. 481 until the person sought to be removed has had an oppor- tunity to be heard in his defence, nor unless a majority of all the members of the commissioners shall vote for such removal ; aiid provided further, that police officers Provuo. may be removed in such manner as shall be prescribed by ordinance of said commissioners. TITLE III. OF THE POWERS AND DUTIES OP CITY OFFICERS AND THE ENFORCEMENT OF THE ORDINANCES. 13. And be it eiiaded, That the president of the board Po^er and du- shall have the power, and it shall be his duty to recom- |f|^t°oi^board. mend to the commissioners all such measures connected with the security, health, cleanliness and ornament of the said district, and the protection and improvement of its government and finances, as he shall deem expedient ; to cause the laws and ordinances to be duly executed and enforced, and to exercise a supervision over the official acts of the subordinate officers, and to report any dereliction of duty to the commissioners, and generally to perform all such duties as may be required of him by law or the ordinances of said commissioners ; he may, under the direction of the commissioners, offer rewards for the detection or apprehension of the perpetrator of any offences against any ordinance, or of any high crime or misdemeanor committed within the said district, to be paid on the conviction of the criminal. 14. And be it enacted, That the president is hereby invested with invested with all the powers and duties which any police J?,"^®*^ ^^ .. ^ ivi_» xi-xL*^! .police justice, justice now or may hereafter be invested with, and for&c. the purpose of quelling any insurrection, riot, disturb- ance or disorderly assemblage, shall have control of the marshals, constables, watchmen and other police force of said district, and the power to call upon the citizens for aid in all such cases, and when he shall deem it proper to call out the militia of said city, and employ the same in quelling any insurrection, riot or disturbance of the peace, and on parades and other public gatherings, when he shall deem it necessary to preserve the public peace and good order ; he may appoint for the occasion 482 SPECIAL PUBLIC LAWS. such special policeman as he may deem necessary, and the commissioners shall provide for their compensation. Pow<»r8iinddu. 16. And bc it enadedy Tnat the commissioners of appeal officere!*'^^' in cases of taxation, and district clerk, elected or ap- pointed as aforesaid, shall respectively possess the powers and perform the duties of like oflScers of any township of this state, so far as such powers and duties shall be consistent with the provisions of this act ; and that the collector shall possess the powers and perform the duties of collectors of the several townships, so far as such powders and duties shall be consistent with the provisions of this act ; the judge and inspectors of elections in said district, shall respectively possess the powers and perform the duties of the like officers of any township of this state, to the same extent and in the same manner in all respects as if said district was constituted a separate township of the county of Monmouth, so far as such powers and duties shall be consistent with the provisions of this act. Duties of col 17. And be it enacted, That the said collector of taxes lector of tastes- shall enter in suitable books, to be kept for that purpose, the sums received by him for taxes respectively, with the names of the persons on whose account the same shall be paid on each day. Collector to 18. And be it enacted, That the collector w^ho shall act give bonds, ^s treasurer shall give bonds satisfactory to the commis- sioners, possess the power and perform the duties, and be subject to the same penalties as the collector of Ocean township, and receive all moneys, etc., as hereafter pre- scribed, and for which service he shall receive a yearly Compensation compensation not to exceed three hundred dollars, and in addition thereto the costs accruing upon the col- lection of delinquent taxes, and upon the receipt of the duplicate of assessment of taxes, shall proceed in the collection thereof as now required by law^ to be done by the collector of the said township of Ocean. Collector to 19. And be it enacted. That the collector acting as publish state- treasurer shall publish, during the months of May and October of each and every year, in a newspaper pub- lished in said district, a statement over his signature of — Moneys on First. The moneys of said corporation in the hands of hand. treasurer and other officers; SESSION OF 1875. 483 Second. The value of and location of real estate owned Real estate by the district; *''^^- Third. The amount of debts owing to the district, and Amount of their character ; dt^ric?'&c*^ *** Fourth. The amoukt of debts owing to the district, ami for what si>ecified whether by notes, bonds, or otherwise, and spe-P"*?®*******^- cify the amount of said debt, and for what purposes in- curred. 20. And be it enacted, That the collector shall receive all Duties of coi- moneys, bonds, or evidences of indebtedness belonging *^**^''- to or issued by the said commissioners, and shall deposit and keep the same as directed by the commissioners, and pay out such moneys, bonds, or evidence of indebted- ness, only upon the warrant of the commissioners, signed by the president and clerk, and shall perform such other duties appertaining to his office as may be required of hinrj by law, or by any ordinance or resolution of the commissioners; the said collector shall, at the close of the fiscal year, or oftener, if required by the commis- sioners, make out a true and full account of the receipts and expenditures of the district, and also the state of the treasury, and within twenty days thereafter deliver said account to the clerk, who shall lay the same before the commissioners at their next meeting; and if upon examination it shall be found correct, it shall be filed in the office of the clerk ; and it shall be the duty of the said treasurer to cause a statement of the moneys re- ceived by tax, loan or otherwise, and of the expenditure of the same, to be published in one or more newspapers printed and published in said district, at least ten days before the annual election; the fiscal year shall com- Fiscal year, mence on the first day of May each and every year. 21. And be it enacted, That the clerk shall keep all the Duties of records, books, papers and documents of the district, the ^^®*'^- corporate seal, countersign all licenses signed by the president, and keep the record of the proceedings of the commissioners; he shall engross all the ordinances of the commissioners in a book to be provided for that pur- pose, with a proper index, which book shall be deemed a public record of such ordinances, and such ordinances shall be signed in said book by the president or presi- dent pro tempore of the commissioners and said clerk ; and copies of all papers duly filed in the office of the 484 SPECIAL PUBLIC LAWS. clerk, and transcripts thereof, and of the records and pro- ceedings of the commissioners, and copies of the laws or ordinances of the said commissioners, certified bv him under the corporate seal, shall be evidence in all courts and places ; he shall also receive and pay over to the treasurer all moneys which by any law, ordinance or usage are paid to the clerk ; and for such services ren- Compensation dered shall receive an annual compensation not to ex- ceed three hundred dollars. Powers and du 22. And be it enacted. That the street commissioner, so- officers!^ ^^ licitor and all other officers appointed by the commis- sioners shall possess the powers and be subject to the ob- ligations conferred and imposed on them by law, or by the ordinances, by-laws, rules and regulations of the commissioners; and the said street commissioner shall receive an annual compensation for services rendered not to exceed four hundred dollars. Duties and 23. And be it enacted, That the assessor shall posess the of a^«or?° powers and perform the duties in the same w^ay as the assessor of Ocean township is now required to do, for which said services he shall receive twelve cents per name for each person assessed, and immediatelj'^ after the first Monday in June in each and every year shall proceed to make, and by the fifteenth of July following shall have made, a full and fair valuation, enumeration and assess- ment of all the taxable real and personal property in said district according to law and the requirements of the ordinances of the commissioners, and on or before the first Monday in August shall deliver the duplicate of such assessment to the collector. Commission- 24. And be it eno/cted, That the commissioners shall wUuoaToom- scrvc without compensation for their services. pensatioD. TITLE IV. POWERS AND DUTIES OP POLICE JUSTICES, ETC. Police justice 25. And be it enacted, That the police justice shall give to jive bond, boud in the sum of two thousand dollars, w^ith sureties and Suti«r Satisfactory to the commissioners, for the faithful discharge of the trusts reposed in him, and shall be entitled to use and exercise the like power, authority and jurisdiction in all criminal matters and complaints arising in the said SESSION OF 1875. 485 district as the justices of the peace in and for the several counties of this state are or may be by law entitled to use and exercise, and they shall also be authorized and em- powered to hear, try and determine all such matters and complaints of a criminal nature as any justices of the peace are or may be by law authorized and empowered to hear, try and determine. 26. And be it enacted^ That, unless when otherwise Actions, &c , directed, all actions or proceedings before the police jus-jtfatie^,Cw* tice, under the provisions of this act, shall, as nearly as '^*'B"^at©d. may be, be regulated by the provisions of and conducted in the manner prescribed in and by an act entitled "An Act constituting courts for the trial of small causes," and the several supplements thereto, and that the court held by the police justice in and for the said district shall be a court of record, and vested for the purposes mentioned in this act, with all such powers as is usual in courts of record of this state. 27. Avid be it enacted. That the police justice shall be Police justioe empowered on oath or affirmation, made according to ^y^*J"® p"^ law and filed in his office, that any person or persons has violation of or have been guilty of a violation of any of the ordinances o«i»nft"ce«- of the said commissioners, to issue a process either in the nature of a warrant or a summons against the person or persons so charged, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the natuie of a summons be returnable in not less than five or more than fifteen days ; that such process shall state what ordinance the defendants named therein has or have violated, the time when and in what manner the same has been violated, and that on return of such process or at the time to which the justice shall have ad- journed the same, the justice shall proceed to hear testi- mony and to determine and give judgment in the matter without filing of any pleadings ; and in all matters and causes pending before him may award and issue writs of subpoena and testificandum in any county of this state; and that the iustice shall, if the defendant or defendants Penalty for be adjudged before him to be guilty of such violation, oJdlnances! forthwith issue execution against the goods and chattels and person of the defendant or defendants for the amount of fine imposed with costs, or shall commit said defendant or defendants to the county jail if judgment of imprison- 486 SPECIAL PUBLIC LAWS. ment shall have been pronounced and given by said jus- tice for such violation. Police, &o., 28. And be it enacted. That the policemen shall, in addi- fendereywith^ tion to the authority conferred upon them by the ordi- oat warrants, nanccs, by-laws, rules and regulations of commissioners, possess and have all the powers of constables within the aistrict limits for the purpose of preserving the peace and enforcing the ordinances of the said commissioners, and it shall be the duty of the said marshal and policemen, on witnessing any breach of the peace or violation of any of the city ordinances, to forthwith arrest such offender without warrant or process, and take such offender or of- fenders immediately before the police justices for a hearing. TITLE V. POWERS AND DUTIES OF THE COJfMISSIONERS. Powers and dn- 29. And be it enoctcd, That the commissioners shall be- sionere.**^™"" fore entering upon the duties of their office choose offi- cers, appoint its times and places of meeting, determine the rules of its own proceedings, be the sole judge of the election, returns and qualification of its own members, keep a journal of its proceedings, and may punish or ex- pel a member for disorderly conduct, or a violation of its rules ; but no expulsion shall take place except by the vote of two-thirds of all the members elected, nor until the delinquent member shall have had five days' notice of the proceeding, and an opportunity to be heard in his defence ; and the first meeting of the commissioners after the annual election shall be held on the first Saturdav in May after the annual election, eyery year. Duties of clerk. 30. AtuI be it enodcdy That the aistrict clerk shall be the clerk of the board of conamission ; he shall keep ac- curate minutes of the proceedings of the commissioners, and shall perform such other duties as may be prescribed for him. Quorum, and ^l- ^^ ^^ *^ enacted, That a majority of the whole 8peciai meet- number of members of the commissioners shall constitute *°^' a quorum for the transaction of business ; but a smaller number may adjourn from time to time, and compel the attendance of absent members ; the president shall be authorized to call special meetings of the commissioners SESSION OF 1875. 487 ^"hen the public good shall, in his opinion, render it necessary ; and on the request of three members of the board of commissioners, in writing, addressed to the president, it shall be his duty, or, in his absence, it shall be the duty of the clerk, to call a special meeting. 32. And be it enadedy That no ordinance shall be passed OrdinanoM, or repealed by the commissioners, except with the con- reMJiedL^ ^^ currence of a majority of all the members, and' no ordinance shall be altered or repealed, save by ordinance to that effect. 33. And be it enacted, That the commissioners shall May make, have power within the said district to make, establish, ^J^-^J^^Jlj publish and modify, amend or repeal ordinances, rules, regulations and by-laws for the following purposes: I. To manage, regulate and control uie finances and FiDanoes, &c. property, real and personal, of the said district ; to borrow money and negotiate temporary loans, in anticipation of taxes for any current year, not exceeding in amount ten thousand dollars, and for payment for any public im- provement, not exceeding the amount of tne specific assessment for such improvement ; II. To prevent vice, drunkenness and immorality, to To prevent preserve public peace and good order, to prevent and^**^®**^- quell riots, disturbances and disorderly assemblages ; III. To restrain and suppress disorderly and gaming Gaming houses and houses of ill fame, all instruments and devices *'®""®®- for gaming, and to prohibit all gaming and fraudulent devices ; IT. To license and regulate restaurants, victualling to license houses or cellars, ale and lager beer saloons or gardens, **'<><>"*» *<*• billiard tables and bowling alleys, and to prohibit the keeping the same, except by persons duly licensed ; V. To prohibit, restrain, regulate and liGense all sports, Sports, •&€. exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or other public performances and exhibitions for money, and fix the sums to be paid for such licenses to the treasurer ; VI. To ascertain and establish the boundaries of all Boandanee of streets, avenues, highways, lanes and alleys in said dis-»*^«®**- trict, and prevent and remove all encroachments upon said streets, avenues, highways, lanes and alleys ; VII. To regulate, clean, and keep in repair the streets. To re«ruiato, highways, avenues, lanes and alleys, bridges, wharves and gt^,^! 488 SPECIAL PUBLIC LAWS. docks in said district, and to prevent and remove ob- structions and encumbrances in and upon all streets, highways, sidewalks, crosswalks, bridges, sewers, drams, aqueducts, watercourses, wharves or docks, in any manner whatever; to prescribe the manner in which corporations or persons shall exercise any privilege granted to them in the use of any street, avenue, highway, or alley in said district, or in digging up any street, avenue, highway, or alley, for the purpose of laying down pipes or any other purpose whatever, and to prohibit and prevent any such use or work at such times and seasons of the year as they Shade treee. may designate; to direct and regulate the planting, rear- ing, trimming, and preserving of ornamental shade trees in the streets, avenues, parks and grounds in the district, and to authorize or prohibit the removal or destruction of such shade trees, and to enforce the removal of snow, ice, or dirt from the sidewalks and gutters, by the owners or occupants of the premises fronting thereon ; To widen, VIII. To widcn, level, grade, gravel, water, flag or re- curb^'&c ^' flag, curb or re-curb, gutter or re-gutter, pave or re-pave, or sidewalks, &c. gravcl the sidcwalks and gutters, to lay drains or construct sewers in any street, avenue, highway, or section thereof; to prescribe the manner in which any such work shall be performed and the mode in which the expense thereof shall be ascertained, and to cause such expense, or any portion thereof, to be assessed in just and equitable pro- portion on the property, whether improved or unimproved, receiving benefit from such improvement, and to deter- mine the time and manner in which such assessments shall be collected ; ?nh!°^°^* & ^^' '^^ direct the digging down, draining, filling up, fencuig"of 101*8,' or fencing of lots, pieces or parcels of ground in said dis- *®- trict which shall be deemed dangerous or unwholesome or necessary to carry out any improvement authorized by this act, to prescribe the manner in which the said work shall be performed, and to cause the expense thereof to be assessed on such lots, pieces or parcels of ground, whether improved or unimproved, and to determine the time and manner in which such assessments shall be col- lected ; Erection of X. To prevent or regulate the erection or construction bay windows, of any stoop. Step, platform, bay window, cellar door, area, descent into a cellar or basement, sign, or any post SESSION OF 1875. 489 or erection, or any projection or otherwise, in, over or upon any street or avenue, and to remove the same where already erected at the expense of the owner or occupant of the premises ; XI. To prevent and punish horse racing and immoder- Horse racing. ate driving or riding in any street, and to authorize the*^- stopping and detaining any person who shall be guilty of immoderate driving or riding in any street, and to regulate the speed and running of locomotive engines Runninjj of and railroad cars through said district, and designate the Jj^^nes^^o. crossings at which any railroad company shall be required by the commissioners to station flagmen or signals to warn travelers of the approach of locomotive engines or railroad cars ; XII. To prohibit the driving any drove or droves of Droves of cattle through any of the streets on the first day of the®*"*®***'- week, commonly called Sunday, and to regulate the same at other times ; XIII. To regulate, protect and improve the parks, pub-P^wio lie burial grounds, and other public grounds in said dis- '^^""° '' trict ; XIV. To provide lamps and gas fixtures and to liglit Lighting of the streets, parks and public places of every description •**^*** in said district ; XV. To make and regulate wells, pumps, aqueducts weiis, cisterns, and cisterns in the public streets ; **• XVI. To establish and legulate one or more pounds, Running nt and to restrain and regulate the running at large oflJJJ®^^*"*' horses, cattle, swine and other animals, geese and other poultry, and to authorize the impounditig and sale of the same for the penalty incurred, and the costs of keeping, and impounding, and sale ; XVII. To regulate and prevent the running at large of Dogs, &c, dogs, to authorize the destruction of dogs running at large, and to impose taxes on the owners of dogs ; XVIII. To locate, regulate and remove slaughter houses ; ^laughter XIX. To regulate or prohibit any practice having a p^^^htening of tendency to frighten animals or to annoy persons passing Mimais. in the streets or on the sidewalks in said aistrict ; XX. To restrain and punish drunkards, vagrants, Drunkards,, mendicants and street beggars. ; ^^' XXI. To establish a board of health, define its powers Board of 32 l»eilth. &c 490 SPECIAL PUBLIC LAWS. and duties, and provide for the protection and mainten- ance of the health of the inhabitants; Contracts, &c. XXII. To prescribe the manner in which all contracts for performing work or furnishing materials for the dis- trict shall be made and executed ; N isanoes, &c. XXIII. To abate and remove nuisances of every kind, and to require, the owner or occupant of any grocery, cellar, tallow chandler'sshop, butcher's stall, soap factory, tannery, stable, privy, hog pen, sewer or other offensive or unwholesome house or place, lot or enclosure, to cleanse or remove or abate the same, or in a summary manner to cause the same to be done at the expense of the owner or occupant thereof ; Burial of dead, XXIV. To regulate the burial of the dead, prohibit in- terments within such limits as it may prescribe, purchase land for public burial places, direct the keeping and return of bills of mortality, and to establish such regulations for conveying the dead through the streets of said di trict as the health, quiet and good order, in their opinion, re- quire ; To license cart XXV. To license and regulate cartmen, porters, hack, ftc"'^"^*^"' cab, omnibus, stage and truck owners and drivers, car- riages and vehicles used for the transportation of pas- sengers and merchandise, auctioneers, common criers, pawnbrokers, junk-shopkeepers, sweep and scavengers, and to fix the rates of compensation to be allowed to them, and to prohibit unlicensed persons from acting in such capacities ; RinRinsf of XXVi. To rcgulate the ringing of bells and the crying bells, &c. ^f goods and otner commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets; Bathing. XXVII. To rcgulatc bathing in the waters of or bound- ing said district ; Wtfijfhtsand XXVIII. To regulate weights and measures in con- msaanree. formity with the standard of weights and measures estab- lished by law, and to require every merchant, retailer, trader and dealer in merchandise or property of any description which is sold by measure or weight, to cause their weights and measures to be sealed and to be subject to their inspection ; Police. XXIX. To establish, regulate and control a day and night police, and to regulate and define the manner of SESSION OF 1875. 491 their appointment and removal, their duties and their compensation ; XXX. To establish, regulate and control a fire depart- Fire depart- ment, to regulate and define the manner of the appoint- "**'*** ment and removal of the officers and members of the fire department, their duties and their compensation, to Erovide fire engines and other apparatus and engine ouses and other places for keeping and preserving the same, and to provide water for extinguishing fires. XXXI. To regulate and control the manner of build- ErpoHon of ing dwelling houses and other buildings, and to prohibit ^"***^*"^' within certain limits, to be from time to time prescribed by ordinance, the building or erection of any dwelling house, store, stable or other building of wood or other combustible material, to regulate the construction of chimneys and to compel the sweeping thereof, to pre- vent the setting up or construction of furnaces, stoves, stoves, boilers boilers, ovens or other things in such a manner as to be dangerous, to prohibit the deposit of ashes in unsafe places or in any of the streets or alleys, to authorize any officer or person or persons whom they may designate for that purpose, to enter upon and inspect any place or places for the purpose of ascertaining whether the same is or are in a safe condition, and if not, to direct or cause the same to be made so, to regulate or prohibit the carry- ing on of manufactories dangerous in causing or promot- ing fires, to regulate or prohibit the manufacture, sale or Fire arms, gun- use of fire-works and the use of fire-arms, to regulate orP^*^^®'^- prohibit the keeping or conveying gun-powder, cam- phene, spirit gas, petroleum, and other dangerous mate- rial, and the use of candles and lights in barns, stables and other buildings, to raise or demolish any building or erection which by reason of fire, contagion or any cause may become dangerous to human life or health or tend to extend conflagration, to require all such further or other acts to be done, and to regulate and prohibit the doing all such further or other acts as they may deem proper to prevent their occurrence, and provide for the extinguishment of fires ; XxXII. To adopt all legal and requisite measures fori-^vying «»d levying and collecting all taxes, fines, penalties, and tax^*^"*^ ^ all assessments for public improvement; XXXIII. To prescribe and define the duties of officers 492 SPECIAL PUBLIC LAWS. Define duties, penalties, of officers. Compensatioo of officers. SpriDkling of streets. Mn^ establish ordinances, rules. Ordinanc s may prescribe penalties. Ordinances to be received as evidence. when not otherwise prescribed by law, and their com- pensation and the penalty or penalties for failing to per- form such duties, and to prescribe the bonds and sureties to be given by the oflScers of the said district for the dis- charge of their duties, and the time for executing the same in cases not otherwise provided by law ; XXXIV. To fix and determine a reasonable compen- sation to be paid to any officer of said district, or other person employed by the commissioners, for any service required of him by this act, or by any ordinance or reso- lution passed by them for which no specific fee or com- pensation is provided to be paid by the person or persons for whom such service shall be performed ; XXXV. To provide for the watering or sprinkling of the streets, highways and avenues, to prescribe the man- ner in which such work shall be performed, and the mode in which the expense thereof shall be ascertained, and to cause such expense, or any portion thereof, to be assessed in just and equitable proportion upon the owners of lands fronting on such street, highway or avenue, whether improved or unimproved, according to the rela- tive value of such lands; to cause a map to be made of all lots, tracts or parcels of land within tne limits of their jurisdiction, and said map to be filed in their office. 34. Aiid be it enacted, That the commissioners shall have power to make and establish such other ordinances, rules, regulations and by-laws, not contrary to the laws of this state or of the United States, as they may deem necessary to carry into effect the powers and duties con- ferred and imposed on them by this act or by any other law of this state, and such also as they may deem neces- sary and proper for the good government, order, protec- tion of persons and property, and for the preservation of the public health and prosperity of its inhabitants, and the same to alter, amend and repeal. 35. And be it enacted^ That in all cases where, by the provisions of this act, the commissioners have authority to pa«s ordinances on any subject, they may prescribe a penalty or penalties for the violation thereof, either by imprisonment in the district or county jail not exceeding ten days, or by a fine not exceeding one hundred dollars ; the book of record of the ordinances and by-laws of the said commissioners shall be taken and received as evi- SESSION OF 1875. 493 dence of the due passage by said commissioners of all ordinances and by-laws recorded therein ; and further, the volume of ordinances and by-laws printed and pub- lished by authority of the commissioners shall in like mann^er be taken and received as evidence of the ordi- nances and by-laws of the said commissioners, and the publication of the said ordinances and by-laws in the public newspapers, according to law, shall in all cases be presumed to have been made until the contrary be proved. 36. And be it enacted^ That the commissioners shall May borrow have power to borrow money from time to time for all jJelle^^nd^ to purposes for which they are authorized to raise money by »«<•">* pay- tax by this act, and to secure the payment thereof by ™*°*" bond or other instrument, under the common seal of the district, and the signature of the president and treasurer, to provide, by tax, for the payment thereof; provided, that all such loans shall be authorized by an Proviao. ordinance of said commissioners, which ordinance shall distinctly specify and provide the object or objects for which said loan is authorized, the ways and means, ex- clusive of loans, to pay the principal of such loans within twenty years from the time of the contracting of the debt, and also the interest of such loan annually, which ordinance shall be irrepealable until such debt be paid ; and said bonds or other instruments shall not be disposed of at less than their par value; arid provided farther, thatProvieo. the total of said bonds or other instruments outstanding and unpaid at any one time, shall not exceed the sum of twenty thousand dollars. TITLE VI. OP THE ASSESSMENT AND COLLECTION OF TAXES. 37. And be it enacted, That the commissioners shall Power to raise have power to raise by tax, in each year, such sum or ™*^°®y' ^y *** sums of money as they shall deem expedient, for the following purposes : I. For lighting the streets ; Jjj<^|;°«f °^ II. For regulating, cleaning, graveling, and keeping in Reguintiug repair the streets and highways, and the construction of ■*'««**■ crosswalks ; 494 SPECIAL PUBLIC LAWS. Public III. For regulating, improving and protecting the grounds. public gFounds and parks ; Police. IV. For the support of the police department; Fire depart- V. For the support of the fire department ; rueut. yi For the payment of interest upon the district debt Loans and in- j , i j i__xi»ai ••! terest. and upou temporary loans, and such part of the principal thereof as may be due and payable ; pen:^8.*^^' ^'' ^11- F^^ *^® contingent expenses of the district and for all other objects and purposes authorized by this act ; Proviso. provided always, that it shall not be lawful for the com- missioners to raise by taxation in any one year, in the general assessment for district purposes, an amount of money that shall cause a greater rate than thirty cents on one hundred dollars of the valuation of the real and personal estate of the citizens. TITLE VII. ASSESSMENT AND COLLECTION OF TAXES. May order and 38. Aiid be it euacted, That it shall be lawful for the 'j^^^'***^^®said commissioners to order the raising, and cause to be raised by tax in each year, such sum or sums of money as they shall deem expedient for defraying the expenses of said commissioners, and for all other objects and pur- {)oses authorized by this act for the payment of all the egal debts and liabilities of said district, which taxes, when collected, shall be paid to the treasurer of said com- missioners, and be subject to the order of the said com- missioners; that no person, persons or body corporate shall have the right to appeal by certiorari or otherwise from any assessments for taxes to any court, unless he, she or they shall have first made application to the com- missioners of appeal of said district for a revision or re- duction thereof. Duties of as- 39. And be it enacted, That the assessor of said district wsHoran <^ ghall asscss upou pcrsons and property within said dis- trict, and the collector shall collect all the taxes required to be assessed and collected for the use of the said district in the same manner except as herein altered. Taxes to be 40. And be it enacted. That all taxes hereafter to be as- reafestate'and scsscd and raised in said district, as provided for in this chattels. act, shall be assessed and raised by such a per centum SESSION OF 1875. 495 upon all real estate and chattels situate in said district, both of residents and non-residents, by valuing the same at the true, full and fair value thereof, as shall be neces- ' sary to make the amount required for such taxes, and not otherwise; and the assessor shall designate in his as- Assessor to sessments the numbere or general description of lots or ber'or *d«crip- parcels of land, and where adjoining lots are about of'*<>nof *o^- equal value belonging to the same owner or owners, or owner unknown, they shall be entered on the assessment in one entry or name, naming the number of each of the lots and value of each lot before carrying it out in total ; and if the name of any person shall be on any duplicate of assessment who is not liable to said tax, and the commissioners of appeal shall deduct or remit the whole of said tax, the assessors shall not receive any pay for assessing the same ; they shall also designate the value of all chattels which they assess to each person or party ; the word inhabitant, above, shall be construed to include bodies corporate and politic, and the word chat- tels shall be held to include all personal estate taxable by law ; and all real estate and personal shall be assessed at its full and fair value, without any deductions for mort- gages thereupon ; and all mortgages upon real or per- Mortjca^es sonal property within said city shall be exempt from tax- faxatw/*^™ ation in the hands of any inhabitant of this state ; and in the amount so required to be raised for taxes shall be included the fees for assessing and collecting the same, and a reasonable allowance for losses from delinquents. 41. And be it encLctedj That the commissioners of ap- Time of meet- peal in cases of taxation shall meet on the second Tues- J,"*^^^J!^^^Jf*^''" day of September in each year, at such place in said city peai as the board of commissioners shall designate, through the clerk, and upon the same notice given as was by law required for the meeting of the like officers of the town- ship of Ocean ; and when so met, they shall have full power and authority to hear and determine all com- r plaints of unjust taxation, in the same manner as the ike officer of the township of Ocean were authorized and required to do; and it shall be the duty of the as-Da^yofaases sessor to attend at the same time and place before the »»r. said commissioners, and to offer such reasons as he may think proper in support of the assessment or assessments appealed from, and any person may call the said com- 496 SPECIAL PUBLIC LAWS. When cer- tiorari DOt to be allowed. Duties of col lector. missioners together at any time within two months after said day, to hear and determine complaints as aforesaid; and in such cases, if no deduction is made in the assess- ment complained of, the party appealing shall pay all fees incurred, and in case he shall fail to pay such fees forthwith, the amount thereof shall bo added to his taxes, and be collected with the same; and no certiorari to re- move any assessment shall be allowed, unless applica- tion for relief shall have been first made to the commis- sioners of appeal and been disallowed, and said commis- sioners may in all ca^^es subpoena and examine witnesses touching anv matter of appeal pending before them. 42. And be it en-adedf That it shall be the duty of the collector to receive and collect all moneys due to said district, whether for taxes, assessments, arrears of taxes or otherwise, and he shall do and perform all the duties which the said board of commissioners may by ordinance, prescribing his duties, ordain ; and it shall be his duty to give a full return and statement on or before the second Monday in January in each year, to the board of commissioners of said district of the taxes upon his books remaining unpaid on the first day of May in each year, and on or before the first Monday in July the board of commissioners shall issue an order to the said collec- tor, signed by the president and clerk, and bearing the seal of said district to go on and sell as provided for in this act in cases of delinquent taxes; and further, the said collector in advertising said sale of land or real estate, shall describe said land or real estate by giving the number of the lot or lots, and the name of the owner, if known, and if unknown, then it shall be so stated, or such other short description as may be necessary to iden- tify the said lands or real estate. 43. And be it enacted^ That the collector shall within put up, when ten days of the time of receiving the duplicate of assess- TWTPB ATiB due ^^ ment from the assessor, put up not less than ten public notices in the said district^ stating therein that the said taxes are now due and payable to him, when and where he will receive the same, and when the interest will be added to all taxes remaining unpaid, and in which notice shall also be given of the time and place of the meeting of the commissioners of appeal in cases of taxation. Notioee to be SESSION OF 1875. 497 44. And be it enacted, That all taxes due said district Collector to re- on the first day of January, A. D. eighteen hundred and g^^]^' *'* *"®* seventy-five, shall be reported by the collector to the said commissioners on or befofe 'the second Monday in May next, and the board of commissioners shall, and they are hereby authorized on or before the first Monday in July, to issue an order to the collector to go on and sell as here- in ordered in cases of delinquent taxes. 45. Andbeit enacted. That the collector shall add five TaxM not paid, per centum to the whole amount of all taxes remaining 1^^^*^ '"' unpaid on the fifteenth day of October of each year ; and he shall, on the first day of December in each year, add an additional five per centum to all taxes then remaining on his books unpaid, and an additional five per centum to all taxes remaining unpaid on the first day of February thereafter, making in all fifteen per centum additional on all taxes unpaid on said first day of February, as a penalty for non-payment, and said fifteen per centum shall be, and is hereby declared a part of the annual taxes of said district, and shall become and remain a lien Taxeo a Hen, on all property, real and personal, and shall be collected *"^ |y>^ «'^>- in the manner prescribed for the collection of taxes in ^ * ' this act. 46. Arid be it enacted, That the said collector of revenue Powers of coi- shall, on and after the fifteenth day of October in each J,*;^^^'" «' ™^® and every year, without any return or warrant, have all the power and perform all the duties required of the col- lector of arrears of taxes, according to the eighteenth section of the act entitled " An act concerning Taxes," , revision, approved April fourteenth, eighteen hundred and forty-six. 47. And be ii enacted, That the assessor shall, within fif- Aweaaor to teen days after the time appointed by law for delivering dte^ofM^- to the collector the duplicate of assessments, deliver to the »»«nt8. clerk of said district a true copy, under oath, of the du- plicate of assessments delivered by him to said collector, for which service they shall each receive one and one- compenaation half cents per name on said duplicate, which copy shall f".^ P«"***y ''^'^ be and remain the property of said district, and be pre- served by the clerk ; and if such assessor shall neglect or refuse to comply herewith, he shall forfeit and pay to said district the sum of fifty dollars, to be sued for in an 498 SPECIAL PUBLIC LAWS. Aswesment of taxPH lo re- mniii a lien on lauds. Collector to |2^ive notice of time and place of sale of lands. Proviso. Collector to sell lands, tenements. To execute deeds to pur- cbasers. action of debt and recovered for the said district, with costs, before the police justice. 48. And be it enacted, That any assessment of taxes hereafter made in said district against any person or per- sons on account of any lauds, tenements, hereditaments or real estate of such persons or person or body corporate, shall be and remain a lien on all lands, tenements, hereditaments or real estate, on account of which said assessments shall be made as aforesaid, with the lawful interest thereon accruing, and all costs and fees in rela- tion to said assessments and collection thereon, for the space of five years from the time when the taxes so as aforesaid assessed were payable. 49. And be it enactedy That it shall be the duty of the collector, to whom such order shall be directed as above specified, before he sells by virtue thereof, to give notice of the time and place of the sale of any lands, tenements, hereditaments or real estate under this act, by advertise- ment, signed by the collector, and inserted in a news- paper printed and published in said county, for at least six weeks, once in each week, before the time appointed for such sale, and also set up for the same period in ten of the most public places in said district ; provided, how- ever, such sale may be adjourned from time to time, not exceeding ninety days in the whole, 50. And be it enacted, That it shall and may be lawful for the said collector to whom such order shall be directed at the time and place specified in the above required notice, or at the time and place to which he shall adjourn, as provided for in the last preceding .section, to sell and strike off such lands, tenements, hereditaments or real estate, as may be set forth in said order or any part thereof, to such persons as will agree to take the same for the shortest term, and pay such taxes as may be assessed as aforesaid on account thereof, and the interest thereon, and all costs, fees, charges and expenses, and thereupon to execute and deliver to any such person or persons a deed for the same, under his hand and seal, which deed shall recite the terms upon which and by whom, if known, such property may be redeemed ; and such person or persons, and his, her or their legal representatives shall, by virtue thereof, lawfully hold and enjoy the said lands, tenement, hereditaments or real estate during the J SESSION OF 1875. 499 term for which he, she or they shall have purchased the same, for his, her or their own proper use and benefit against the owner or owners thereof; and all and every person or persons claiming under him, her or them until said term shall be fully completed and ended, unless re- deemed as hereinafter mentioned, and shall be at liberty at or before the expiration of said term to remove any building or buildings, and any material erected and placed by him, her or them thereon, and when said term shall have been ended, shall quietly and peaceably yield up the same to the lawful owner or owners thereof, in as good condition as when he, she or they took possession of the same, damage resulting from ordinary use and the elements excepted. 51. And be it enacted, That the owner, mortgagee, occu- Owners may pant, or any person having a legal or equitable interest I^^hfi™n*cer* in any lands or real estate sold for taxes as aforesaid may tain time, redeem the same at any time within one year from the time of such sale by paying to the said purchaser, his executors, administrators or assigns, the amount so by him paid for the same, together with the amount paid for any fences erected, constructed or made thereon with twelve per centum interest, and thereupon the said owner, mortgagee or occupant aforesaid, as the case may be, shall be entitled to re-enter and re-possess the said lands and real estate in the same manner to all intents as if such sale had not been made. 52. And be it enacted^ That notwithstanding any mistake Mistake in in the name or names or omission to name the real owner"*™® ^^^^^"* or owners of any lands, tenements, hereditaments or real not n> inv«ii- estate in said district in assessing the taxes on account jjj*j®^*"®**' thereof as aforesaid, such assessment shall be valid and effectual in law against said lands, tenements, heredita- ments or real estate, and the same may be proceeded against and sold in the manner prescribed herein. 53. And be it enacted, That the collector to whom such Fees of coiieo- order, as aforesaid, shall be directed shall be entitled tc ***'• receive the sum of one dollar for executing the same, and, in addition thereto, two cents on each dollar by him collected and paid over to the commissioners, and for ad- vertising the sale of any lands, tenements or heredita- ments or real estate for each delinquent the same fees which the sheriff of the county is entitled to for the like 500 SPECIAL PUBLIC LAWS. services, and for a deed to the purchaser the sum of two dollars. Owner, mort- 54. And be it cnocted, That the tender of payment by ha5riand7re. ^^^ owucr, mortgagee, occupant, judgment creditor, or deemed by any person having a legal or equitable interest in any |^me..tof iaji(jg sq1(J for taxes, his, her or their agent or attorney at law in this state, acting in his, her or their behalf, of the sum of money and costs of sale at such tax sale upon the lands sought to be redeemed with the sum provided in said act for the deed, together with twelve per centum ^^"^^■J^^^y interest thereon; it shall be the duty of the holder or purchaser of such tax title, his, her or their assignee or assignees, to execute to the owner, at his request, or upon the request of the mortgagee, occupant, judgment creditor, or any person having a legal or equitable inter- est in such lands, his, her or their agent or attorney as aforesaid, in behalf of the person or persons having the legal title to such land, a good and sufficient deed, duly signed, sealed and acknowledged, and delivered, and sufficient in law to pass real estate of the term of years of the estate sought to be released from such tax sale ; Prorieo. provided, hoivever, that the expense of drawing such deed and acknowledgment of the same, not exceeding two dollars, shall be paid by the party or parties applying for such release, their agent or attorney, together with twelve per centum interest on the amount paid for such lands at the tax sale, and also that the tender of pay-^ ment, as aforesaid, shall b^ made within twelve months from the date of the deed of such sale. Proceeding in 55. And be ii enoctedy That in case of the holder or iwrtitie**reftt8e ^^^^^^s of any such tax title, his, her or their assignee te execute or assignees, upon such tender as aforesaid, for three deeds. ^g^yg thereafter upon demand made and tender as afore- said, shall neglect or refuse to execute such deed as afore- said, or in case the owner or holder of such tax title, his, her or their assignee or assignees, shall have removed out of the county of Monmouth, or cannot be found therein, then it shall be lawful, on affidavit duly filed in the clerk's office of said county that such tender of pay- ment had been made and that the owner or owners of such tax title had neglected and refused to execute such release, or that on diligent inquiry within said county the owner or owners of such tax title could not be found SESSION OF 1875. 501 in said county, and upon filing such affidavit with the clerk of said county, within one year from the date of such tax sale, such affidavit and the sum of money paid for such tax title at the tax sale thereof, together with interest thereon at twelve per centum per annum, and the cost provided in said act for drawing the deed of sale, that the filing of such affidavit and depositing such money with the clerk of said county, shall effectually bar, defeat and set aside the tax title to the land thus sought to be redeemed. 56. And be it enacted, That the clerk of said county Dufiee of shall, upon the filing of such affidavit and deposit of ^^^''^^^ *'*^*- money as aforesaid with him, write across the record of such tax deed, in the usual manner of cancelling mort- gages, in the words following, to wit, " This tax title is defeated and cancelled of record and set aside by deposit of dollars and cents ;" and shall be signed by the clerk of said county for the time, and thereupon any person so redeeming said land, his agent or attor- ney, or any person for him, her or them, may enter into, possess and enjoy the land so redeemed as fully, to all intents and purposes, as though no such tax sale had been made. 57. Aiid be it enacted, That when the owner or holder Owner of tax of any such tax title to land, his, her or their assignees, {[IJl't^J^^^g that before such sale may have been mapped, plotted and compensation laid out as building lots, has inclosed diflfereni parcels of [fJn^Pfe™,^. such Und, so sold for taxes, by a fence occupying any other line or lines than the survey of such lots would show, or has enclosed one or more parcels for agricul- tural purposes, such owner or owners, holder or holders of the tax title to such lots, his, her or their assignees, shall not be entitled to receive any compensation for the construction of such fence, nor claim that the same is a lien upon such lands, or demand compensation therefor, but may remove the same. 58. And be it enacted, That the clerk of said county. Fees of county for the services designated in this act, shall be entitled *'^®*- to receive the following fees, and no more, to wit : For search for such sale and record thereof, fifty cents ; for filing affidavit, ten cents ; receiving and paying deposit tender, fifty cents ; for entering cancellation, twenty-five cents ; and the same shall be deducted from the sum of 502 SPECIAL PUBLIC LAWS. money so deposited with him, and the remainder paid to the person or persons entitled to receive the same. Lands may be 59. And be it e^iocted, That whenever any lands or real du"fict ^ ^ estate be offered for sale by virtue of the provisions of this act, or any previous act in relation to the district, and it shall happen that no person bids for the same, it shall be struck off to the district for the term of fiflty City to receive years; that if the district becomes the purchaser of any a certificate, j^j^^jj^ ^nd real estate upon any such sale, they shall re- ceive a certificate of sale for said lands and real estate from the collector, which certificate of sale shall be as- signable ; and all the provisions of said act in relation to such sale shall apply to the district as to any other pur- chasers. Clerk to keep 60. And be it enacted, That the clerk of said district record of saief.gjj^jj j^^^p j^^ ^ y^^^ ^ ^^ provided for that purpose, a record of all sales of land, which record shall contain an abstract of the declarations of such sales; such book shall be deposited in the office of the clerk of said dis- trict. TITLE VIII. STREETS. t Power of com- 61. And be it enacted, That it shall be lawful for the miseioners, by board of Commissioners, whenever in their opinion the public good requires it, by ordinance: To lay out and I- ^^ 1^7 ^^^ ^^^ Open any street, road, highway or open streets, alley withiu Said district; to order and cause any street, road, highway or alley already laid out, to be vacated, straightened, altered or widened ; and to take and ap- propriate for such purpose any lands and real estate upon making compensation to the owner or owners thereof, as is hereinafter mentioned and provided. To cause II. To Order and cause any street, or section of a g?^ed!*paved. street, to be graded, graveled, paved, flagged, macadam- ized or otherwise improved or regulated in such manner as they may deem advisable, under the supervision of the superintendent of streets, at the expense of the own- ers of lands and real estate on the line of said street, or section of a street, and at the expense of the property benefited thereby. SESSION OF 1875. 503 62. And be U enacted, That no ordinance shall be intro- Ordinances duced or presented to the board of commissioners for "I*^'"5J*V: making any improvement or performing any work under notice to bo and by virtue of the provisions of the last preceding sec- g*J^^ *°^ p"^' tion of this act, or eitner of the subdivisions thereof, un- less public notice shall have been given of such intended improvement and work, by the board of commissioners, and to that end it shall be the duty of the clerk to have said notice published in a newspaper printed and pub- lished in the district of such intended improvement and w^ork, and requesting all persons objecting to the same to present their objections in writing to the board of com- missioners or to the clerk, on or before the expiration of ten days from the date of such notice ; provided, no such Proriso. ordinance as aforesaid shall be passed by the board of commissioners unless by a vote of a majority of the members elected for the time being. 63. And be it enacted, That the board of com mission- ¥*y»jiy»^8o^"- ers may, by resolution passed at any meeting, direct any carriage ways, repairs in the carriageways of any street, road or avenue *** ^ repaired, within said district, whenever they shall deem such re- airs necessary, and the expense thereof shall be paid y the board of commissioners out of the moneys raised by tax for repairs of streets ; and that all repairs to side- walks shall be made by the owner or owners of the land Owners of in front of which any such repairs shall be necessary, gJ^^^'^^g^P**' upon the written notice of the street superintendent to them, and if any owner or owners shall be non-residents of or cannot be found in said district, or unknown, it shall be suflScient for the street superintendent to set up such notice upon or near the lot or lands in front of which the sidewalk may require to be repaired or relaid, and if the same shall not be repaired within ten days from the time of serving or setting up of said notice, then it shall be lawful for the board of commissioners by resolution to direct the street superintendent to have the same done and repaired ; the costs, charges and expenses for repairing as aforesaid, shall be charged upon the lands in front of which said repairs shall be made, and shall be and remain a lien thereon, and may be collected the same as taxes are ; provided, that all sidewalks in the Proviso, district which are or shall be paved to the full width I 504 SPECIAL PUBLIC LAWS. Removnt of building. Gmde of street not to be changed, ex- cept upon ap- phcation of three-fourths of owners of lands. Proviso. Proviso. Authorized to treat with own era for laying; out and open- ing streets, sewers. with good substantial blue flagging, shall be kept in good order and repair by and at the expense of the district. 64. And be it enacted, That the board of commissioners may permit any building which shall be either partly or whoUv on and within the lines of any street, avenue or highway, which may be opened, to remain unremoved for such time as they think it proper and necessary. 65. And be it enacted, That the grade of any street, road, avenue or highway, when established in accordance with an ordinance for that purpose, shall be and remain the permanent grade thereof, and shall not be changed or altered except upon an application to said board of com- missioners by at least three-fourths of the owners of the lands and real estate aflFected thereby, nor without paying to the owner or owners of any buildings where damages are sustained by the alteration of such grade, the amount of the damage, which shall be ascertained and deter- mined by the commissioners making such assessment ; provided, that the board of commissioners may, without application, change the grade of any street or part of a street, by ordinance passed by three-fourths of all its members voting in favor thereof, and that the costs and expenses of establishing and authenticating such grade shall be paid by the commissioners, and one-half thereof shall be assessed upon the land fronting on said street, road, avenue or highway on which, or on part of which, such grade shall be established and authenticated, and upon such other land as the said commissioners shall consider benefited thereby, and in proportion to any benefit, and the same shall be and remain a lien thereon, and the payment thereof enforced in the same manner and to the same extent as other assessments in this act ; provided, that the like advertisement or notice be given and made as required. 66. And be it enacted, That whenever the board of commissioners shall determine to lay out and open any street, road, highway or alley within said district, or to alter, widen or straighten any street, road, highway or alley, or make any sewer or drain in any part of said district, and to take and appropriate for such purpose or purposes any lands and real estate, they are hereoy author- ized to treat with the owner or owners of such land and real estate for the same, and may purchase the same and SESSION OF 1875. 505 make such compensation therefor as they shall judge reasonable, and ^all thereupon receive from such owner or owners a conveyance of such lands and real estate to the commissioners, and such compensation shall consti- tute a part of the whole amount of costs, damages and expenses to be assessed under and in pursuance of the provisions of this act. 67. And be it enacted^ That when any application shall Notice of be made for the opening, altering or widening any street, tion""? be'^ highway or alley, or when the board of commissioners p«}J^'wh©d, shall propose to open, alter or widen any street, highway pru^eo to open or alley in said district, the board of commissioners shall "»»^*>- appoint a time and place when and where persons in- terested therein may be heard before them, or the appro- priate committee, on the merits thereof, and shall give notice of such application or proposition, and the time and place of hearing, in a newspaper printed and pub- lished in the district for twenty days before such time of hearing ; and if the board of commissioners shall there- Proceeding in after determine to open, alter or widen such street, high- p^^^i^^^Jg way or alley, they shall, after determining and defining detenmne to the precise improvements to be made, appoint three J^Jj^en^ai^'*'' judicious, disinterested freeholders, residents of said dis- street. trict, commissioners, who shall determine what lands and real estate will be benefited by said improvements, and shall estimate the whole cost of said improvement accord- ing to the best of their judgment, and shall cause a survev and map thereof to be made, and of the lots or parcels of land benefited thereby, distinguishing each lot or parcel by number on such map, and shall assess such estimated costs, including the proceedings of the commis- sioners, maps and returns, upon such lands to be benefited thereby, in proportion to the benefit to be done to the residue of any lot or parcel, of which a part may be taken for such improvements, and the erections thereon, and the damages aforesaid, if any, by taking the same, and shall report to whom said lands so taken belongs, and the interest and estate of the several owners in the same, if known, as far as practicable, and shall de- posit said report and map witn the clerk within forty- five days after their appointment ; whereupon the clerk shall, within ten days after the same shall be deposited with him as aforesaid, give notice in a newspaper printed 33 506 SPECIAL PUBLIC LAWS. and published in the district, and shall continue the same therein for two weeks, that such report has been deposited as aforesaid, and also of the time and place, when and where the parties interested therein may pre- sent their objections in writing before the board of com- missioners or a committee thereof; and the board of commissioners shall refer said report to a committee of three members of said board for consideration ; and in case any objection in writing shall be made, the said committee shall examine the matters and report to the board of commissioners, and return the said report of the said commissioners, with the objections of the parties, » together with the views and opinions of the said com- mittee respecting the said report. Vacancies in gg And be it enacted j That in case of the resignation, how filled. ' death, removal from the district, or refusal of any of the commissioners appointed under the provisions of this act, it shall be lawful for the board of commissioners to supply, by appointment, the vacancy or vacancies so maae. Beport of 69. And be it enacted, That after the committee shall SJJJ beJIumed. have made to the board of commissioners the rej>ort re- if three fourths quired to be made, as aforesaid, the board of comniis- moEstrate ^ sioners shall thereupon examine the matter, and may correct said report and assessment, if they deem right and proper, and ratify the same, from which no appeal shall be taken ; which report upon being duly ratified by the board of commissioners, and filed with the clerk, shall be final and conclusive, unless in twenty daj^s after the filing of said report three-fourths of the owners of lands to be assessed for such improvement*? shall file with the clerk a remonstrance signed by them or their agents lawfully authorized ; and if such remonstrance shall be filed as aforesaid, the board of commissioners shall proceed no further in such improvement so remon- strated against within that year, nor under the same pro- Co«t8 and ex- cccdiug ; and all costs and expenses incurred by the cnn^/to be board of Commissioners in such proceeding shall be re- repaid! paid to the commissioners by the petitioners for such im- provement, unless two-thirds of the members of the board of commissioners elected shall vote in favor thereof; and the board of commissioners may make such regulations touching the receiving and proceeding upon such peti- SESSION OF 1875. 507 tions, and security for the expenses thereof, as they may deem proper; and if no such remonstrance be filed, orProoeedinps in if two-thirds of the members of the board of commis-^I^T^SeilTfii^: sioners elected shall vote in favor thereof, the amount reported by said commissioners and ratified or amended by said board as the value of any lands and buildings to be taken, and the damages for the same shall be the amount to be paid by the said board of commissioners to the respective owners of said lands ; and the expenses of said improvement, when completed with all interest and costs of the proceedings, shall be assessed upon the pro- perty reported by the said commissioner, as benefited thereby, and in the proportion reported by them ; if the Persona die owner of any lands so taken shall file a remonstrance "pjy^j' '"'^y against any such improvement, which he is hereby au-Bnpreme court, thorized to do, and is dissatisfied with such assessment, he may apply to the justices of the supreme court at the term of said" court held next after the end of twenty days from the expiration of the time limited for filing a remonstrance, as above provided, giving ten days' notice of such application to the clerk, or in his absence to the president, and the justices of the supreme court, or a majority of them at said term, upon petition by such per- son or persons so remonstrating, or any of them, setting forth tne causes of his, her or their complaint, shall appoint three disinterested persons commissioners, who s^lll be the same persons in all applications rega^din^ the same improvement; and such commissioners shall ^««*^n« of , J. J > x* • i_ ^i? • J commiroioners, meet on ten days notice given by any of said persons so notice to be applying, to each of the others or to his or their attorney fi^^®"- or attorneys if residing in tlie district, and to the district clerk, and shall proceed to examine the premises, with power to send for persons and papers, to swear witnesses and to compel their attendance by process of subpoena, to issue out of the supreme court and shall review the Eroceedings of the said commissioners appointed by the oard of aldermen, so far only as the petition of the applicants to the justices of the supreme court is con- cerned, and shall report in writing under their hands to the board of commissioners their estimate of the value of such lands and buildings taken, and damages, and their assessment of such expenses ou lands benefited, which report shall be filed by the district clerk, and shall be 508 SPECIAL PUBLIC LAWS. Costs, how apd conclusive on all parties; and the costs of their appoint- by whom paid, ment, and of the proceedings of said commissioners shall, in case their report is more favorable to the appli- cant or applicants than that of the first commissioners, be paid by the district and added to the expenses of the improvement ; and in case such report is not favorable to any applicant or applicants than the first report, then the said applicant or applicants shall pay all such costs and expenses, and the proportion of such costs paid by the district shall be deducted from the sum to be paid to him, (if any,) or be assessed upon his property oy the board of commissioners, and shall become a lien thereon, and be collected therefrom in the same manner as the assessment for any improvement authorized by this act; and in case the lands so valued or damaged by such taking shall be held by a tenant for life or years, and the fee in remainder or reversion, such commissioners shall in their report apportion such value and damages be- tween them ; and in case any lands assessed shall be held by a tenant for years or life, and such tenant shall pay such assessment, or the same be made by a sale of his Aswssments^to interest in said lands, said tenant or his legal representa- tives shall at the termination of his estate, oe repaid such principal sum by the reversioner, his heirs or assigns, and shall have a lien upon said lands for the same, and may by bill in chancery have said lands sold to pay such lien, and the proceedings thereon in the court of chan- cery, except the allegations in the bill, shall be the same as if said reversioner had given a mortgage on said lands, and said bill was filed for the foreclosure thereof, and such lien shall have priority of all other encumbrances, and all such assessments so made on any lot as aforesaid, shall be and remain a lien thereon until paid or other- Property may wisc Satisfied ; and the amount assessed shall be raised by be sold fir the board of commissioners bv a sale of the property so nonpayment j • xi. •" n j. • • j j of assessments, asscsscd lu the samc manner in all respects as is provided in this act for opening, widening or altering streets. Costs and ex 70. And be it enacted, That after such improvement ?r"Hot°?o"be shall be completed, all the costs and expenses of making (ixedby resoiu the samc shall be reported to and settlea by the board of ^*^°' commissioners, and the proportion of each lot or parcel of land designated on the original assessment map, shall be fixed and settled by a resolution of the board of com- i SESSION OF 1875. 509 missioners according to the provisions of this act, which resolution shall be recorded oy the district clerk in a book kept for that purpose, to be called the assessment book, and shall be signed by the district clerk, which book or a transcript thereof, certified by the clerk, under the dis- trict seal, shall be conclusive evidence of such assessment. 71. And be it enacted, That upon completing the re- Treasurer to Eort of the commissioners assessing the value of lands orSJJfn^^ffor uildings tiiken, and the damages thereby, the district taking of landa. treasurer shall tender and pay to the owner of said lands, if a resident in the district, the amount of such assess- ment due to him ; but if such owner is not a resident in proceedings in the district, or upon due inquiry cannot be found therein, case owners or is a lunatic, or idiot, or an infant, or if from any law- J^^ *°®*p*"*' ful cause he is incapacitated to receive the same, or if such owner will not accept the same and sign a receipt therefor when tendered, then the district treasurer shall make affidavit of such facts, and file the same with the district clerk ; and the board of commissioners shall, after inquiry into the facts of the case, direct the amount of such assessment to be placed either in the district treasury or in some safe bank for the use of the person to whom the same may be due ; and upon filing such re- ceipt of the owner or the passing of such resolution by the board of commissioners, the said lands shall be vested ill the district, and the district officers may proceed with such improvement; and the said moneys so deposited shall be paid by the district to the person entitled thereto on demand, without interest, except from such time as a demand may be made and payment refused. 72. And be it enacted, That any assessment or estimate Proceedinj^s in of value or damages made by any commissioners binder ^^,g**^^gg^ this act that may be made upon principles contrary to aside. law and to the provisions of this act may be reviewed and for such cause set aside by the supreme court upon certiorari, and the said court shall, in the case of setting aside any such assessment or valuation, appoint new commissioners to examaine into and report anew as to the part set aside; and for the purpose of such examina- tion the supreme court may require by rule the commis- sioners to certify specifically as to the principle on which their assessment was made, or may inquire into the same by affidavits to be taken for that purpose, and the district, 510 SPECIAL PUBLIC LAWS. in case of reversal, shall pay the costs on such certiorari, and add the same to the expenses of the improvement. Coinmissionere 73. And be U enactedy That all commissioners of assess- ^o Jl^j^S!**' ment appointed by or under this act shall, before they proceed to the duties of their appointment, subscribe and take an oath before some person lawfully authorized to administer oaths, faithfully, honestly and impartially to perform the duties required of them, and shall receive such compensation for their services as the board of com- missioners shall by general ordinance fix and ordain. Commission- 74. And be it enacted, That in cases where the board of f"i»n^w'*^ commissioners are authorized to make or levy an assess- money, to piy meut for any of the said improvements mentioned in Assedsments. g^ction sixty-first, they shall be authorized to borrow the amount necessary to pay any such assessment in antici- pation of the collection thereof. Contracts to be 75. And be it enacted. That all contracts for doing the kiwest Wddw. work or furnishing the materials for the improvements {)rovided for in this act shall, at all times, be ^iven to the owest bidder, he or they giving ample security for doing the same according to contract ; and all contracts which shall have been drawn for the completion of any work or for the furnishing of any materials, shall be read before the board of commissioners, and if approved by the said board, the same shall be sent to the chairman for his signature, and when duly signed shall be entered in the contract book ; no party shall be allowed to enter upon any work or furnish any material until the said contract is signed by the contracting parties, with two satisfactory Bonrd may re Securities ; the board of aldermen shall be under no ^^^j *" ^^j^®' obligation to accept the lowest bid, but may reject all bids and rG'advor* * ' •/ .i tise. if they shall deem it for the interest of the district so to do, and advertise for new proposals. Board may re 76. And be it enacted. That it shall be lawful for the damiffe«°"uiiti[^^*^^^ ^^ commissiouers to pay (and deduct and retain a»8ewinent»foi accordingly) out of the amount of anv assessment which plid.^^' *''° by the sixty-first section of this act they are directed to cause to be placed either in the district treasury, or in some safe bank, for the use of the person to whom the same may be due, the amount of any unpaid assessment for benefits, or in respect of anv improvements which under this act may be assessed against and be pay- able by such person or persons, if the amount of damages SESSION OF 1875. 511 shall be sufficient therefor, and if the same shall not be sufficient for tlie payment thereof, then it shall be lawful for the board of aldermen to apply such amount of damages in part payment thereof, and the balance of such assessment shall be collectable by the same means and proceedings provided in this act for collecting assessments for improvements ; and if the amount of damages shall exceed the amount of the assessment for improvement, the board of commissioners shall direct the excess to be placed in some safe bank, for the use of the person or persons entitled thereto, on demand, without interest, except from such time as the demand thereof may be made and payment refused ; provided, always, that it shall Proviso, and may be lawful for the said board of commissioners to apply such excess or such part thereof as may be necessary for the purpose, to any other or future assess- ment for improvement under this act, which may become due from the person or persons entitled to such excess before the making of such demand. 77. And be it enacted, That notwithstanding any mistake Mistake or occurring in the name or names of the owner or owners, omiseion to . ^ , ,11 n name real own- or omissions to name the real owner or owners of any er of lands, lands or real estate or chattels in the said district, in JjJ[^®^j°^J^ assessing the taxes thereon, or in assessing the land and ment for taxes, real estate for any street improvement authorized by this pj^^j®^^^^'"' act or any supplement hereafter to be passed, such assessment shall oe valid and effectual in law against such land or real estate or chattels, and the same may be pro- ceeded against and sold, in the manner prescribed in this act, with the same effect as though such assessment had been made in the name of the true owner or owners thereof, and this shall be held to apply to any assessment heretofore made for any street improvement; provided, Proyi9o. that in the advertisement of sale of land and real estate for said improvement the name or names of the true owner or owners shall be made to appear, if discovered, at the time of the first advertising. 78. And be i*. enameled, That wherever proceedings shall ^°^'}jJi["^*^'j.g be taken for the opening or widening of any street, ave- to hMow com- nue, road or highway, it shall not be lawful for the board C^ndSn^?/***^ of commissioners or for the commissioners appointed to which may be make an estimate and assessment of the damages which fiii[n^®of maps any owner or owners of any lands and real estate will «>f intended *' improvement 512 SPECIAL PUBLIC LAWS. sustain by the opening or widening of any such street, avenue, road or highway, to allow any sum or compensa- tion whatsoever for any building or buildings or im- provements of any kind or description which may at any time after the filing of the aforesaid map or maps of the city have been built, placed, erected or made, in whole or in part, on such street, avenue, road or high- when com- Way ; but compensation and recompense shall be made aUow^° *** ^to the owner or owners thereof and the persons interested therein for all buildings and improvements built, placed, erected and made, wholly or in part, upon any street, avenue, road or highway so to be opened at any time before the filing of the said map or maps. Ordinance to 79. And be it enoctedy That the board of commissioners {J^*[;"^r^*2*are hereby authorized to prescribe by ordinance the paving, side- manner in which the sidewalks shall be leveled, graded, walks. curbed, paved, flagged or gravelled, by and at the ex- pense of the owners or occupants of lots fronting or ad- joining said street or streets ; and the said ordinance shall prescribe the time within which the said work shall be done, which time shall not be less than thirty days nor more than four months from the passage or adoption thereof. Board to cause 80. A7td be it euocted, That if any lot in front whereof dono,mineg- the sidcwalk shall by such Ordinance be directed to be lect of owners leveled, graded, curbed, paved, flagged or gravelled, and wJiS.*^" ^ the owner or owners thereof shall neglect to comply with such ordinance within the time therein required and specified, it shall be lawful for the board of commission- ers to cause said work to be done and an estimate oT the expense of conforming to such ordinance with respect to Expenses to be such lot to be made, assessed and certified by three im- •"*®"*^- partial assessors, to be appointed by the board of com- missioners ; and if the same be approved by the board of commissioners they shall cause an advertisement to be inserted in a newspaper printed and published in the district limits, for one month, stating the amount of such Lots to be sold assessment and requiring the owner or owners of said mem^of'costs. ^^^^ to pay the same, with the costs and charges thereof, with interest thereon, to the collector of revenue of said district, appointing a day and a place when and where said lot will be sold at public auction, for the lowest term of years at which any person shall offer to take the same, SESSION OF 1875. 513 in consideration of advancing the sum so assessed, with costs and charges, including the advertisement thereof and interest thereon at the rate of seven per centum per annum ; it shall be lawful for the said board of commis- sioners to cause said lot to be sold at public auction for a term of years, at the time, for the purpose, and in the manner expressed in said advertisement ; provided, such Provwo. sale may be adjourned from time to time, not exceeding in the whole two months, and to give a declaration of such sale to the purchaser thereof, under the common seal of said district, signed by the chairman ; and such purchaser, his executors, administrators and assigns shall, oy virtue thereof and of this act, lawfully hold and en- joy the same for his and their own proper use against the owner or owners and all claiming under him or them, until his term therein shall be fully completed and ended, and shall be at liberty to remove all buildings and materials which he or they shall erect or place thereon ; but he or they shall leave such lot at the expi- ration of the said term in sufficient fence, and the side- walk in front thereof in the order required by such ordinance ; provided^ always, if the owner or owners, Proviso mortgagee or mortgagees of said lot shall, within one year after such sale thereof, pay to the purchaser, his ex- ecutors, administrators or assigns, the amount of money, including taxes or other assessments so by him or them paid to the district, with twelve per centum interest thereon, then the said owner or owners, mortgagee or mortgagees, as the case may be, shall be entitled to re- enter and re-possess the said lot, in the same manner to all intents as if such sale had not been made. 81. And be U eTiaded, That whenever any street or part AsaeMments of a street occupied or used by the track of any railroad JjJTJJterinK'^ company shall require to be altered or widened for the streets where convenience of public travel, and proceedings for the jJJ^^'JJJ^ tSere^ altering or widening thereof shall have been taken, in, how a«- it shall be lawful for the commissioners appointed by the'*"*^* board of commissioners to make a just and equitable assessment of the whole amount of the costs, damages and expenses of such altering or widening among the owners of all the lands and real estate intended to be benefited thereby, or, in their discretion, to assess the whole or such portion of said costs, damages and expenses 514 SPECIAL PUBLIC LAWS. upon the corporation or company owning or using said railroad track, as to them shall seem equitable and just ; and such assessment shall be a lien upon any property of said district or company in said district, and may also be enforced in the same manner as the assessment upon such owners of lands and real estate intended to be benefited thereby. Unlawful to 82. And be it enacted, That it shall not be lawful for construct rail- ' • , . . road within any pcrsou or persons, or corporation, to construct any tS'unieM passenger or other railroad for cars or carriages, to be consent is first drawn by horses or horse power, within the limits of the ****** district, without the permission or consent of the board of commissioners first had and obtained, which permission and consent the board of commissioners are hereby em- powered to give to any person or persons, or corporation, who shall be authorized to construct such railroad bv Proviso. any laws of this state ; provided^ always, that no such permission or consent shall ever be given by the said board of commissioners until a majority of the owners of the lands in front of any such railroad and along which the same may be intended to be made and constructed shall first consent in writing to the making and con- structing thereof, and which consent in writing of said land owners shall be first filed in the district clerk's office. Railroads sub 83. And be U euacted, That said railroads, when con- i-eSruiatwiw of structcd, shall be subject to such general and police board of com- regulations of the board of commissioners as now exist missioners. ^^ ^^^ hereafter be ordained or established in regard to the same. Board may, by 84. And be it euocted, That the board of commissioners oT^Mhe*' i^fty» by a resolution passed by a concurring vote of two- draininjrand thirds of its members and approved by the president iimgofiots. Qf ^jjg g^jjj board, order and direct the digging down, draining, filling up or fencing of lots, pieces or parcels of ground, in all cases where the same is, in their opinion, necessary to prevent or abate a nuisance, and order any sidewalk to be filled, re-filled or repaired in case the owner or owners thereof shall refuse, or neglect to do so for ten days after the approval by the president of such Expenses, bow resolution : and the expenses of such digging down, ooWwfed""^ filling, re-filling, draining and fencing, or any of them, shall be assessed on such lots, pieces or parcels of ground, \ SESSION OF 1875. 515 whether improved or unimproved, and collected in the same manner as for grading and paving streets, unless the board of commissioners shall in any case prefer suing for the same. 85. And be it enacted, That the commissioners shall commiwion- have power and are hereby authorized to issue scrip e« may iiwue for the payment of the grading, paving, curbing, mac- memo? gra-^ adamizing, digging down, filling or re-filling of any^>nK. street, avenue, highway, road, alley or sidewalk or part thereof in said district, until the same can be collected from the owner or owners of property liable therefor, to be paid to the contractor or other person having done such grading, paving, curbing, macadamizing, digging down, filling or re-filling, or to other persons entitled to the payment thereof, which scrip shall bear interest at the rate of seven per centum per annum until paid, and the same shall be paid within three months of the time of the completion of the assessment, and the amount of said scrip, with the interest thereon, shall be assessed with the other expenses upon the property liable therefor. 86. And he it enacted, That in all cases in which persons wnta of cer- brine: writs of certiorari directed to the Long Branch *^<'™"-.<^»™- *=* . . t\% ^ ., .1 ^. . peneation for commissioner, or any officer of the said commissioners, return of. it shall be lawful for the oflScer required to make a return thereto, to demand and receive compensation from the parties bringing such certiorari at the rate of eight cents Eer folio for the necessary returns thereto, to be paid efore such returns are made. 87. And be it enacted, That whenever, by the judgment when asaeM of any court wherein any certiorari may be brought, anv ?ltl?l* "® *®* *> _- •',, Sji ^^..^ oBiQCj new as- assessment made by commissioners under the provisions sefssmeuta may of this act shall be set aside for irregularity or illegality **® "*****• in such assessment it shall be lawful for the said com- missioners to cause a new assessment to be made of so much of the amount of the original assessment as shall be so set aside, or of the amount thereof still remaining unpaid, said assessment to be made and become a lien, and to be proceeded on, in all respects, in conformity with this act. 88. And be it enacted, That whenever, by reason of any Proceedings in informality or illegality in any proceedings of the said ^J^^jjjyjj"/ Long Branch commissions, or commissioners, or agents set aside, by of the Long Branch commissions, or officers of, for car- J^f^jjlty °^ 516 SPECIAL PUBLIC LAWS. rying out or executing any of the improvements or work authorized by this act^ any assessment shall be set aside by judicial authority it shall be lawful for the commis- sioners to reinstitute the proceedings set aside upon the same basis upon which the original proceedings were based, or otherwise, if they see fit so to do, and lawfully Eroceed therein the same as if the former proceedings *• ad not been had ; or the commissioners may reinstitute the said proceedings from the point where such inform- ality or illegality may have been so decreed ; and when- ever the commissioners shall discover that any such pro- ceedings are liable to be set aside by judicial authority, they may reinstitute said proceedings from the point where such informality or illegality commenced ; and no assessment shall be deemed invalid in consequence thereof. When write of 89. And be it encoded, That no writ of certiorari shall be ^:tT allowed or issue to remove any assessment for any im- lowed. provement in said district, unless the same be applied for within three months after the confirmation of such assessment by the said commissions. Books of re- 90. A7id he it enacted, That a certified copy of the books dente^^ *^ ®^^' ^f record kept by any of the oflScers of the said com- mission, under and by virtue of the provisions of any district ordinance, shall be admitted as evidence of the matters and things therein contained and received in all courts and places whatsoever. Noooamij^ 91, ^^id be it enacted, That no member of the com- terestedin ally Kiissiou shall, during the period for which he was elected, contract or as- be appointed to or competent to hold any office, the sal- seflsineiit x ir l ■^ ary or emoluments of which are paid from the district treasury, or be directly or indirectly interested in any contract, work or business, or in the sale of any article, the expense, price or consideration of which is paid from the treasury, or by an assessment levied by any act or ordinance of said council, nor shall any such member be directly or indirectly interested in the purchase of any real estate or other property belonging to the district, or become security for any officer appointed by said com- mission, or for any contractor under the district gov- Penaity. emmcnt, under a penalty of five hundred dollars for each offence, to be recoverable by suit in the name of said commission. 1 SESSION OF 1875. 517 92. And be it enacted^ That any person having been an officers of dis- officer of the said district shall not, within ten days after J^'j^^^.l^^'j^'®'" he shall have vacated or been removed from his office, and upon notification and request by the clerk, or within such reasonable time thereafter as the commissioners shall allow, deliver over to his successor in office all the property, books and papers belonging' to the district or appertaining to such office in his possession or under his control, he shall forfeit and pay to the district the sum of five hundred dollars, to be sued for and recovered with costs. 93. And be it enadedy That all acts and parts of acts R«peaier. supplementary thereto, and to which this is a further supplement, that are inconsistent with the provisions of this act, be and the same are hereby repealea. 94. And be it enacted, That this act shall be deemed and taken to be a public act, and that it shall take effect immediately. Approved April 8, 1875. CHAPTER CCCXXXIX. A Further Supplement to an act entitled "An Act for the better protection of the agricultural and horticultural interests of the county of Atlantic." 1. Be it enacted by the Senate and General Asaemily o/provWons and the State of New Jersey, That hereafter no person suffering p^^J*^^^®^^^^ any cattle or sheep to run at large in the township of to apply to Weymouth, in the county of Atlantic, shall be liable to {"^^^2! J.**^ the provisions and penalties of section one of an act entitled " Supplement to an act entitled *An Act for the better protection of the agricultural and horticultural interests of the county of Atlantic,' " approved April fifth, eighteen hundred and sixty five, which said supplement was approved February twenty-seventh, eighteen hundred and sixty-six ; provided, such person owning or having Proviso. 518 SPECIAL PUBLIC LAWS. the keeping of such cattle or sheep shall be a resident of said township. Act not to ex 2. And be it enacted, That section two of said supple- denu'^*^^* ment approved February twenty-seventh, eighteen hun- dred and sixty -six, shall not hereafter extend to trespasses by cattle and sheep in said township of Weymouth, belonging to or in the keeping of a resident of said town- ship. 3. And be it enacted, That this act shall take effect immediately. Approved April 8, 1875. CHAPTER CCCXL. A Further Supplement to the act entitled "An Act to revise and amend the charter of Atlantic City," ap- proved March thirteenth, eighteen hundred and sixty- six. Debt, not to ex- 1. Be IT ENACTED by the Senate and General Assembly oj a^uDt"^"*"" , i]io:)ora- inconsistent herewith shall be inoperative in the said**^®- 536 SPECIAL PUBLIC LAWS. drainage, sewerage and water district, so far as only as they are inconsistent with the provisions of this act. 20. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved 'April 8, 1875. CHAPTER CCCLIII. An Act to prevent horses, mules, cattle, sheep, goats and swine from running at large in the township of Centre, in the county of Camden. Lawful to im- ^' ^® ^'^ ENACTED by the Senate and General Assejnbly of pound ammtiiB the State of New Jersey, That it shall be lawful for any najMungat person who may reside within the limits of the township of Centre, in the county of Camden, to drive or convey to any public pound which may be in said township, any horses, mules, cattle, sheep, goats or swine found running at large in the public highways or elsewhere, within the bounds aforesaid, and impound the same ; and the keeper Keej^to im- or keepers of the public pound in said township, is or are poun ****™** j^^pgi^y r^q^iired and authorized to receive such horses, mules, cattle, sheep, goats or swine; and the party (or the pound-keeper, if the duty be performed by him), shall Peea of pound havc twenty cents per head for impounding each horse, keeper. mulc or Cattle, and ten cents per head for each sheep, goat or swine ; and the keeper shall also have twenty cents per head for every horse, mule or cattle, and ten cents per head for every sheep, goat or swine for letting in and out of the pound, and for keeping, feeding and attending twenty cents per head for each and every horse, mule and cattle, and ten cents per head for each and every sheep, goat and swine for every twenty-four hours, or fractional part thereof, they shall continue within said Failure of own- pound ; and if the owner or owners of said horses, mules, cSirKe8?Rni- cattle, shccp, goats or swine so impounded as aforesaid, mala to be shall uot pay the charges of impounding and keeping as ^^^' aforesaid, within four days after such beasts shall be im- % SESSION OP 1875. 537 Sounded, and take the same away, it shall then be the uty of the pound-keeper to set up advertisements in five Advertiae- of the most public places in said township, describing ™®^JJ"^{JjJf' such horses, mules, cattle, sheep, goats or swine, and giving at least ten days' notice of an intended day and place of sale, and if the owner or owners of such horses, cattle, sheep, goats or swine, do not appear and redeem the said beasts before the time so notified, the said pound- keeper shall sell the same accordingly, and out of the money arising from such sale shall pay the charges of conveying to the pound, and retain in his hands his fees for impounding, keeping, feeding said horses, mules, cat- tle, sheep, goats or swine, and twenty cents for advertis- ing sale and collecting the money for each horse, mule, cattle, sheep, goat or swine, and return the overplus, if any, to the owner or owners of the beast if they shall appear to claim the same, and if no owner shall appear and claim the said overplus within six months from the day of sale, the same shall be paid to the overseer or overseers of the poor of the township wherein such beast were found running at large as aforesaid. 2. And be U enaded, That the township clerk of the Act to be prfn- township of Centre, shall cause this act to be printed and *^ *°^ ^^*®^* posted up in twenty of the most public places within said township ten days before the same shall go into effect, and this act shall be deemed and taken to be a public act, and shall take effect on the first day of May next. Approved April 8, 1875. 35 538 SPECIAL PUBLIC LAWS. CHAPTER CCCLIV. An Act to revise, consolidate and amend the act entitled "A Further Supplement to the act entitled 'An Act to create a new township in the county of Union, to be called the township of Cranford/" approved March fourteenth, one thousand eight hundred and seventy- one, and the acts supplemental thereto or amendatory thereof. < Acta repealed. 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the act entitled "A further supplement to the act entitled ' An act to create a new township in the county of Union, to be called the town- ship of Cranford,'" approved March fourteenth, one thousand eight hundred and seventy-one, which supple- ment was approved March eleventh, 6ne thousand eight hundred and seventy-three, and the act entitled " A fur- ther supplement to an act entitled 'An act to create a new township in the county of Union, to be called the township of Cranford,' " approved March fourteenth, one thousand eight hundred and seventy-one, which last mentioned supplement was approved March eighteenth, one thousand eight hundred and seventy-three are hereby repealed. Amendment 2. And be it enacted, That the third section of the act entitled "A supplement to the act entitled 'An Act to create a new township in the county of Union, to be called the township of Cranford,'" approved March four- teenth, one thousand eight hundred and seventy-one, be and the same is hereby amended to read as follows : the board of commissioners as now constituted under pre- vious enactments are hereby continued in office for the terms respectively, for which they are entitled to hold the same under said previous enactments ; and all com- missioners hereafter elected, shall be elected to hold Proviao. offico for the term of two years; aind it is further provided, SESSION OF 1875. 539 that whenever the term of office of a commissioner shall expire, the vacancy in said board occasioned thereby, shall be filled at the annual town meetings therein by an election in the same manner as other officers of said township are elected; provided however, that such com- Proviso, missioner shall be elected from the same road district as the commissioner whose term of office has expired, ex- cept when the term of office of the president of said board shall expire, such vacancy may be filled from any one of the four road districts in said township ; when a vacancy occurs in said board by reason of the death, re- signation, refusal to act or non-residence of a commis- sioner, the town committee are hereby authorized to fill such vacancy from the road district theretofore repre- sented by said commissioner, which commissioner shall hold office until another is elected in his place.to fill the unexpired term at the next annual town meeting ; when a commissioner shall be disqualified to act in any mat- ter or proceeding before said board for any cause not hereinbefore provided for, the said town committee are hereby authorized and empowered to appoint a compe- tent and disinterested party being a resident and free- holder in said township, to act in such matter or pro- ceeding while the same is being considered in the place of the commissioner so disqualified; but any commis- sioner so appointed under the provisions of this section, before entering upon the discharge of his duties, shall subscribe and file an oath or affil-mation as provided in the case of the other commissioners who have been or shall be elected ; said commissioners shall appoint a clerk to said board, who shall be a resident in said town- ship, and whose duty it shall be to keep the minutes of the proceedings of said board, and to perform such other clerical services for said board as they shall direct, and who shall be paid for his services by the township committee at the rate of three dollars for every session of said board ; no member of the board of commission- ers shall act in reference to any street in which he may be interested or be the owner of property subject to assessment for damages or benefits ; but no assessment made by said board, and no proceeding thereof, shall be rendered illegal or invalid by reason of any commissioner ceasing to be a freeholder after his election. 540 SPECIAL PUBLIC LAWS. Amendmeiit. Section repealed. Board to def er- mine amount of expenses in mnkiug of maps, gT&dinfr of nif^bwa^'B, and laying of sidewi^lks. 3. And be it enacted, That section nine of the act in section two of this act mentioned, be ameoded by adding at the end thereof as follows : and such notice shall also name a time which shall be 6xed by said board not less than six nor more than ten days from the service thereof, at which the said board will hear objections to the assess- ments for benefits or damages from any owners or lessees of property assessed; and at the time named in said notice the said board shall attend to hear such objections which shall, if the board require, be stated in writing and be signed by the parties interposing the same ; and said board shall have power to adjourn from time to time for any period not exceeding fifteen days in all from the time fixed in said notice for the first hearing of objec- tions ; and said board shall have power, upon such hear- ing, to alter, correct or amend such assessments, and return, as to them shall seem just and equitable to all parties; if such return shall be altered, corrected or amended, an engrossed copy thereof as amended shall be made by the clerk and signed by a majority of the board, and shall be filed in the offices of the clerk cf the county and of the township within ten days from the time such objections shall be heard ; or if said return is not amended, or if no objections are made thereto, a certificate signed by a majority of the board, stating such fact or facts, shall be filed in said offices within the time last men- tioned, upon the filing of which amended return or said certificate, all assessments or awards made by said board shall be final and conclusive upon all parties, except as provided by section seven of this act ,- and the time for the appeal provided by that section shall, as to all assessments or awards made after the passage of this act, be computed from the filing of such amended return or said certificate. 4. And be it enacted, That the fourteenth section of the act in section two of this act mentioned, is hereby re- pealed. 5. And be it enacted, That the board of commissioners of highways in the said township of Cranford, whenever they shall hereafter lay out or alter any public road or highway, shall immediately determine "the amount of the expenses incurred in the making of any survey or map, or for any legal serv^ices, and for the services of said SESSION OF 1875. 541 board in respect to such proceedings, and the amount which in the judgment of a majority of said commis- sioners will be requisite to grade such road or highway so as to make it passable for public travel, and to lay such crosswalks as a majority of said commissioners shall consider requisite and direct to be laid, and the amounts so determined they are authorized and required to add to the damages which by the supplement to the act to which this is a supplement, approved the twenty- sixth day of March, one thousand eight hundred and seventy-two, they are required to assess to the owners and lessees of any land, buildings, improvements and real estate, which may be taken or removed in the laying out or altering of said road or highway, and the whole sum of said amounts and damages said commissioners shall then assess for benefits in the same manner in all respects in which by said supplement they are required to assess said damages for benefits, and the said amounts which were so added to the damages when collected shall be appropriated and applied to the payment of Amount >eoiw such expenses, and to the grading of said road, and the J^®^' J-^^JP" laying of such crosswalks therein as were directed to be laid by said commissioners ; jprovicfed, the expenses au- Proviso, thorized to be incurred under this section shall not exceed thirty cents per lineal foot along said road ; and whenever a petition in writing shall be presented to the said board of commissioners of public highways, signed by the owners of one-half of the number of lineal feet upon one side of any road, street or avenue in said town- ship, or upon so much of one side thereof as lies be- tween two points named in said petition, requesting to have so much of the sidewalk of said street as lies between the points named and upon that side of the street named in said petition, laid with stone, plank or composition, in such manner as to make a firm and dry sidewalk, and setting forth the material to be used and the width of the walk to be made, the property owners shall be required to improve the sidewalk in manner set forth in the petition ; and in default of any property owner, within thirty days after being notified to make said improvement, neglecting or refusing to make such improvement, the said commissioners, for the time being, shall without delay proceed to lay the same. 542 SPECIAL PUBLIC LAWS. or cause the same to be laid in accordance with the | request of such petition ; and the township committee i of said township shall pay the costs and expenses of the same to the person or persons entitled to receive the same, upon the certificate of the president or chairman for the time being of said board of commissioners, out of any moneys in their hands for said township ; and *1 the said board of commissioners shall immediately assess upon the owners of the lands on that side of such street, avenue or highway, along which such improvement shall be made, and between the beginning and ending points of such improvement, the whole cost of the same, the basis of such assessment in all cases to be the number of lineal feet owned by each person in front of whose lands such improvement shall oe made, and who shall not have previously made the improvement at his, her or their own expense ; the said Doard of commissioners shall deliver to the township collector a copy of the said assessment, when made, and the said collector shall in- clude in the tax bills of the persons against whom such | sums shall have been assessed, the respective sums so assessed against them, which are hereby made payable and collectable at the same time, in the same manner and by the same means as the ordinary township taxes are assessed and collected. Owners may 6. And be it enacted, That in all cases in which awards cuS^courf from bave been or shall be made, in favor of any owner or award of dam- lesscc of real estate, for damages sustained by reason of **^®** the laying out or altering of any public road, under the act to which this is a supplement, or any supplement thereto, such owner or lessee may appeal from such assess- ment to the circuit court of said county of Union, at any time within thirty days next after such assessment shall be filed with the clerk of said county, by serving a notice of such intended appeal, within said time, upon the board of commissioners of highways, or their clerk ; and Court to order said circuit oourt shall thereupon order a trial by jury to d&mag^^ **^ assess the damages sustained by the party so appealing, which trial shall be conducted as in other cases of trial by jury, and shall be brought on at the term of said court next after the serving of said notice, unless said court shall give further time, and on failure thereof said appeal shall be dismissed. SESSION OP 1875. 543 7. And be it enadedf That the said board of commis- Power to re- sioners shall have power to repair, or cause to be repaired, p*"' aidewaiks. any sidewalks or crosswalks in said township, when in their judgment the public convenience or necessity re- quires ; provided, the expense of such repairs shall not Proviso, exceed fifteen cents per lineal foot of said walk, which expense, when properly certified by said board, shall be Eaid by the town committee out of any moneys in their ands ; such amounts as shall be paid for the repairs of sidewalks shall be collected from the owners of the pro- perty in front of whose premises such repairs are made, in same manner as provided in section five of this act. 8. And be it enacted, That said board of commissioners Ezpenditnree shall in no one year, expend in the laying out and alter- j^^^^y^"^*' ing of public roads, a greater sum than one per centum one per centum of the value of the taxable property in said township, as J^^jJ"®^ fixed by the assessor's valuation of that year, which sum perty. shall include all the costs and expenses incuired by said board, together with the damages assessed to the owners of real estate, by reason of their land being taken for said improvements, after deducting therefrom the benefits assessed to such owners. 9. And be it ena^ded, That all acts and parts of acts in- Repealer, consistent with the provisions of this act, shall be and the same are hereby repealed, and that this act shall take effect immediatelv ; provided, that any and all proceed- Proviro. ings commenced by said board prior to the passage of this bill shall be carried out in the same manner as if this act had not been passed ; but all payments actually made and oblirations heretofore issued or incurred by the said board or said township committee under the aforementioned acts, are hereby ratified, confirmed and made valid. Approved April 8, 1875. 544 SPECIAL PUBLIC LAWS. CHAPTER CCCLV. A Supplement to the act entitled "An Act to divide the township of Manchester, in the county of Passaic, and establish a new township, to be called the township of Wayne," approved February tenth, one thousand eight hundred and forty-seven. Preamble. Whbreas, the legislature, by an act approved February tenth, one thousand eight hundred and forty-seven, divided the township of Manchester, in the county of Passaic, and established a new township, called the township of Wayne ; atid whereas, the commissioners named in said act did run, survey, and mark the lines as directed by the first and fifth sections of said act, but as no record of said survey can now be found ; therefore, CommiMion- 1- Be IT ENACTED by the Senate and Oeneral Assembly of I era appointed (he State of New Jersey, That George A. Ryerson and ^ l^eyTand Mcer- William Degray be and they are hereby appointed corn- tain lines. missioners to re-run, survey and ascertain the several lines mentioned in the first section of the act to which this is a supplement, and said commissioners shall exe- cute and discharge the duties of their said appointment in the same manner in all respects, as if they had been appointed commissioners for the purpose aforesaid by the inferior court of common pleas of the county of Passaic, except that it shall only oe necessary for said commis- sioners to notify the township committees of the town- ships of Manchester and Wayne, respectively, of the time and place of meeting to perform the duties of their said ChargeB and appointment ; and the charges and expenses of said com- rfl!f-?!?^ ^Ja missioners shall be taxed and paid as is by law directed taxed and paid. . .. •j.juj.i j, r in case of commissioners appointed by the court of com- mon pleas, upon the application of the board of chosen freeholders. 2. And be it enacted, That this act shall take effect im- mediately. Approved April 8, 1875. SESSION OF 1875. 545 board of traa- teee. CHAPTER CCCLVI. A Supplement to an act entitled "An Act to reorganize the local government of the township of West Hobo- ken," passed March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate avid General Assembly of Vire depart- ihe StaU of New Jersey, That hereafter the fire department ^""^^^^^y of the township of West Hoboken shall be governed by whom. a board of trustees, to be known as the " Board of Trustees of the Fire Department of West Hoboken," to be com- posed as follows : four trustees to be chosen by the people Election of at their annual spring election, to hold their office for one year from and after the second Tuesday in June next succeeding their election, and each company shall be en- titled to elect, annually, at their regular election for chief engineer, one trustee to form a portion of said board of trustees, to hold office for one year and have equal powers in all respects as those elected by the people, and the chief engineer shall be ex-officio a memoer of said board ; said board of trustees shall have full power to Powers of and shall receive from the collector and disourse all*™**®*^ moneys appropriated by the electors of said township for the benefit of said department, they shall have full power and control over the department and all other matters appertaining to said department or its members, with power to suspend any member and suspend or disband any company for just cause, hear and adjust all grievances between companies, with power to review and finally determine all cases of expulsion or other griev- ances, the parties accused shall have a fair and impartial hearing ; no person shall be recognized as a member of said fire department or any compan)'^ thereof until his election is confirmed by said board of trustees. 2. And be it enacted, That each member of the board of Compoiwaiion trustees shall receive a compensation of one dollar forto^l!" ^ each meeting he actually attends ; provided, he shall not 546 SPECIAL PUBLIC LAWS. receive pay for more than one meeting in each month ; the compensation for each member of the board of trus- tees to be derived from the same appropriation and paid in the same way as other township oflBcers are now paid. Power to paas, 3. And be U eruLcted^ That said board shall have power J^'-rS^"- to fill vacancies in said board, and shall also have power to pass, alter and repeal such rules, regulations and by- laws, governing themselves and said fire department, as they shall deem for the interest of the fire department and the public. May elect 4. And be it encoded, That it shall be the duty of the treasurer. board of trustccs, immediately after organizing, to elect a treasurer from their own body by ballot, who shall, before taking possession of any funds, books, papers, or tran- sacting any business whatever, file witn the township clerk a bond conditioned for the safe custody of the money and faithful performance of his duties, with two sureties, in an amount satisfactory to the township com- mittee ; it shall be the duty of the treasurer, annually, before the fifteenth day of March in each year, to render to the township committer a true and correct statement of all money received by him and disbursed for the use of the fire department ; the compensation of said treas- urer shall be half of one per centum upon all sums dis- bursed. K«p^©f- 5. And be it enadedf That all acts or parts of acts in- consistent with the provisions of this act, be and the same are hereby repealed. 6. And be U enacted, That this act shall take effect im- mediately. Approved April 8, 1875. SESSION OF 1875. 647 CHAPTER CCCLVII. An Act to repeal an act entitled "A Further Supplement to an act entitled *An Act to regulate elections/" ap- proved April sixteenth, one thousand eight hundred and forty-six, approved March twentieth, one thousand eight hundred and seventy-three. 1. Be IT ENACTED hy the Senate and General Assembly o/Ropeaier. the Staie of New Jersey , That an act entitled a further sup- plement to an act entitled " An Act to regulate elec- tions," approved April sixteenth, one thousand eight hun- dred and forty-six, which further supplement was ap- proved March twentieth, one thousand eight and seventy- three, be and the same is hereby repealed. 2. And be it enacted^ That this act shall take effect immediately. Approved April 8, 1875. CHAPTER CCCXLVIII. An Act to authorize the voters of the township of Brick, in the county of Ocean, to elect their Overseers of Highways by districts. 1. Be it enacted hy the Senate and Oeneral Assembly of Legal voters to ct OV© roods. (fie Staieof New Jersey y That the legal voters of the town- ®*ect overseers ship of Brick, in the county of Ocean, are hereby em- powered to elect in each road district their overseer of roads in the same, and for the purpose of carrying this act into eflFect, it shall be the duty of the overseer of each district to give not less than, five nor more than ten days' notice of the time and place of meeting, by setting up 548 SPECIAL PUBLIC LAWS. Moderator to Dotify town committee of election. Elections. notlces in three conspicuous places in his district ; which meeting shall occur annually on the Saturday preceding the annual town meeting, between the hours of two and five o'clock in the afternoon of said day ; and at which time and place, such legal voters, so assembled, having been called to order by any voter of the district, shall proceed, viva voce, by holding up hands, or by count, to elect a moderator of such meeting, by plurality of votes ; and being so organized, the meeting shall proceed, as in the election of the moderator, to elect an overseer of the highway for the district, being a resident of said district; the moderator of said district meeting shall, within five days after the next annual town meeting, notify the town committee in writing, of the election of such overseer, which committee shall in like manner, inform the per- son so chosen of his appointment ; in case of the failure of any district to elect an overseer, or of the person so elected to accept the appointment, the town committee shall fill such vacancy, as in other cases ; in case the overseer neglect to give notice of district meeting as aforesaid, the town committee next elected shall call a special district meeting for the election of such overseer at a convenient time and place, within such district; the overseers of the highways shall account to, and settle with the town committee, as now required by law. Repealer. 2. And be it enacted, That all acts and parts of • acts inconsistent with this act be and the same are hereby repealed ; and that this act shall take effect immediately. Approved April 8, 1875. SESSION OF 1875. 549 CHAPTER CCCLIX. An Act to authorize Franklin School District, in the town- ship of Franklin, Essex county, New Jersey, to issue bonds or mortgage their real estate to build a school house. 1. Be IT ENACTED by the Senate and General Assembly of Power of the State of New Jersey, That it shall and may be lawful for jjj^^^jj^jg^^^ the of trustees of Franklin School District Number — , bonds. in the township of Franklin, in the county of Essex, and state of New Jersey, to make, execute and deliver bonds for the payment of money in sums not less than one hundred dollars to an amount not exceeding in the aggregate eight thousand dollars, and payable in equal sums of one thousand dollars, in one, two, three, four, five, six, seven and eight years from the date thereof, with inter- est thereon at the rate of seven per centum per annum, payable semi-annually and free from taxes, which bonds the said trustees are authorized and empowered to nego- J'^y,"^" . ^ tiate; and the proceeds of which shall be used and ap- procidS^for propriated by said trustees exclusively for the purpose of g|^^*!°» ^^ erecting and building a school house upon the real es-schooii^oafle. tate now belonging to said district, and furnishing the same for the educational purposes of said district. 2. And be it enacted, That a sinking fund shall be pro- Sinkine ftmd vided for the payment of said bonds and the interest ®*****'"°^* thereon, for which purpose there shall be yearly and every year until said bonds with the interest thereon ^^"* *® ^ shall be paid, raised in the said district from the inhab- Lny, fo?°pay. itants and the real and personal estate therein situate by™*"*®/^?^ . 1 . .i5 'J X X • -x •'-and interest tax, such amount as the said trustees or a majority of them, shall deem necessary ; and it shall be the duty of the said trustees or a majority of them, each year before the time required by law for the assessment of taxes, to make out in writing and deliver to the assessor of theTnuteee to de- said township of Franklin a certificate stating the amount Jj^^'j^^JjJ*® of money to be required to be raised by tax in said dis- asaeeaon. use 550 SPECIAL PUBLIC LAWS. trict during that year to meet the payment of the inter- est on said bonds and to provide for said sinking fund ; Assessor to and it shall be the duty of the said assessor then to make menST*" an assessment upon the inhabitants of said district and the real and personal estate therein situate of the amount so stated in said certificate, which assessment shall be made in the same manner in which other assessments of taxes are now or may hereafter be by law required to be made, and when made shall have the same binding Aw«wmen*« ♦<> forco and eflFect as any and all other assessments of taxes and effect "^ made according to law; and payment of the taxes thus assessed may be enforced in the same manner in which all other taxes are enforced ; and such amount so raised Collector to shall be paid over by the township collector or other nw^ey to tros- officer required by law to receive ttie same, to the said tees. trustees, who shall pay thereout the interest due and pay- able on said bonds and such principal thereof as may be due, and deposit the balance in some savings bank in the city of Newark, in the name of said school district, there to remain at interest until required for the payment of the principal of said bonds for which purpose the same may be used, and for no other purpose whatever. Tnisfeesmay 3. And be it enoctedy That the trustees aforesaid and andseoiire°he' their successors in office, if they shall deem it more ex- same by mort- pedicnt so to do, in lieu of the issuing and payment KH^ of bonds as provided in the first and second sections o{% this act, be and they are hereby authorized to raise money by obtaining a loan or loans to be secured by mortgage or mortgages on their school house property for the purposes mentioned in the first and sections of Amonnt this act to an amount not exceeding eight thousand dol- lars, and for that purpose to make, execute and deliver a good and sufficient indenture of mortgage or mortgages therefor to the person or persons, or other party making such loan or loans aforesaid as the mortgagee or mort- gagees therein, and that such indenture of mortgage Principal and shall be good and effectual in law; the principal and in- c^neoted'imd ^^^est to be collected and paid in like manner as is pro- i paid. vided in the first and* second sections of this act. i 4. And be it enjocted. That this act shall be deemed and taken to be a public act and shall take effect immediately. Approved April 8, 1875. SESSION OF 1875. 551 CHAPTER CCCLX. A Further Supplement to an act entitled " An Act to authorize the Mayor and Common Council of the City of Newark to purchase the property of the Newark Aqueduct Company, and creating the Newark Aque- duct Board." 1. Be it enacted by the Senate and Oeneral Assembly of^^^ author- the State of New Jersey, That for the purpose of paying ized to iasne certain bonds falling due February first, eighteen hun-^°^Qf*tJJJJg dred and seventy-six, and of completing and extending beoomiof^ due, the works now in progress, for supplying the city ofi^^^^^^' Newark with water, it shall be lawful for the " Newark works. Aqueduct Board " to issue bonds in the name and under the seal of the mayor and common council of the city of Newark, to be denominated on their face " Newark City Water Bonds," in addition to those now authorized by law, to an amount not exceeding five hundred thousand Amount, dollars : such bonds shall bear a rate of interest not ex- ceeding seven per centum per annum, and shall be re- deemable at any time not exceeding fifty years from their date, in the discretion of the board, which bonds may be sold at public or private sale for the best price they can obtain for the same; they shall be issuea in the same Bonds, how manner and under the same rules and regulations and "*««d- with the same liability for the payment thereof on the part of the city of Newark, as are prescribed in the act to which this is a supplement and the various supple- ments thereto. 2. And be U enacted. That none of the limitations, re- Limitations of gtrictions or conditions in the thirty-fifth or sixty-eighth JJ ^ly**^' """^ sections of the act entitled '^ An Act to revise and amend the charter of the city of Newark," approved March eleventh, one thousand eight hundred and fifty-seven, shall be held to be applicable to or in anywise affect this act. 3. And be it enacted^ That it shall be lawful for any 552 SPECIAL PUBLIC LAWS. Hoidere of boHE fide holder of any coupon bonds issued under the ^.?i*n^^J!.i'o authorit\' and direction of said board, to surrender them may exchange • t i*^ i -» % ii»i- i r for reifbtered to said Doard, and to receive other bonds in lieu thereof, bonds. ^f ^YiQ same character in other respects, but which shall be registered in the name of the said bona fide holders, and the said aqueduct board shall by their by-laws direct the mode in which the said registry shall be effected. May establish 4. And be it enocted, That the saia aqueduct board may, nifiTpeniiities^' ill their discretion, establish rates of rebate for prompt fornonpay- payments upon thir bills for the use of water, and also ™*° * additions thereto, as penalties for non-payment. 5. And he it enacted, That this act shall take effect im- mediately. Approved April 8, 1875. CHAPTER CCCLXL A Further Supplement to an act entitled "An Act to authorize the ditching and draining of the bog and fly meadow in Morris county," passed February twentieth, eighteen hundred and eleven. Commission- 1- Be IT ENACTED by the Senate and Oenerai Assembly of en to lay out ^ gtote of New Jersev. That in order to carry out the the bonndaiies • • r au ± j a m i2 x • i_x u « to be taxed, provisious of the act approved April first, eighteen hun- dred and seventy-five, that three commissioners, consisting of Benjamin Roome, Barney DeBow and Jacob Mead, are hereby appointed to survey, lay out, designate and divide the boundaries of the property to be taxed, as described in the bill aforesaid, approved April first, eighteen hun- dred and seventy-five, compensation 2. A7id be it enacted^ That the said commissioners shall o oommuision- p^^j^jy^ ^^ Compensation for their services, except only for the time actually employed in making the survey, and to be paid at the rate of two dollars per day for said service. era. ^ SESSION OF 1875. 553 3. And be U enaded^ That this act shall take effect im- mediately. Approved April 8, 1875. CHAPTER CCCLXII. A Further Supplement to the act approved April fourth, one thousand eight hundred and seventy-two, entitled "An Act to improve Bull's Ferry Road, in Hudson county, from the northerly line of the township of Weehawken to the Hackensack Plank Road, and also the Branch Road leading from Bull's Ferry Road, opposite Weehawken street, in the town of Union, to Nineteenth street, in the township of Weehawken." Whereas, the commissioners who were appointed by Preamble, said act to improve the Bull's Ferry and branch roads have in charge, also, the making of certain sewers, with which the sewers in this act provided for should be connected, and the manner of executing which may need to be modified to carry into effect this act, and the whole ought to be under one supervision, but inquiry should first be instituted ; therefore, 1. Be it enacted by the Senate and General Assembly o/commiaeion- Oie State of New Jersey , That the said commissioners shall ®^*P™.J^®^^^' make a thorough investigation as to what main sewer to what main extensions may be wisely made to the boundary lines of J^J^*'^®'*®* the tow^nship of West Hoboken, with a view to a more extensive drainage, and whether any or what extension north of Gardner street it will be wise to make of the sewer in the Bull's Ferry road ; providedy that said proviBo. extension north of Gardner street shall be so made that the drainage area thereof shall not extend more than one hundred feet north of Fulton street, and no assess- ment for said extensions shall be levied on lands north of said drainage area, unless the owners of property north of said one hundred feet shall elect to use said ex- 36 554 SPECIAL PUBLIC LAWS. tension, and what alterations it will be wise to make in the sewers heretofore authorized ; prepare plans, maps and estimates, showing the position, sizes, extent and probable cost of said main sewer extensions and altera- tions, including the cost of the necessary lands outside of the lines of highways, and the location and extent of the lands from which, with proper connections, drainage matter will economically drain into said sewers respect- ively, (which lands shall be esteemed the drainage areas hereinafter referred to), and lay before the town council and the township committee and committees of the town or townships interested, respectively or collectively, that is to say, of the town and townships into which the drainage area of any sewer extensions and alterations extends, at a joint meeting of such as are interested as aforesaid, to be called by said commissioners, the results of such investigations and said plans, maps and estimates, with recommendations upon any points which may be of interest to the property owners or town or townships concerned ; which meetings may be adjourned from time to time. Ck>miniB8ioD- 2. And be it enacted^ That in the case of each extension, cute ext^naton, ^f ^^^ towu couucil and the towuship committees of the if mHjorityof 'towu or towuships interested as aforesaid shall not agree g^e^otoTre- with the recommeudations of said commissioners as oommeDdaiion.to such extension or with any modification thereof, ap- proved by said commissioners, or if said town council and township committees so interested as aforesaid do agree with said recommendations or such modification, but the owners of a majority of the lands in the drainage area in either town and township interested as aforesaid, shall disagree to such recommendations or such modifi- cation, by filing their written dissent as hereinafter pro- vided for, then the commissioners shall not execute such extensions. Town and 3. And be it enadedj That in the cases provided for in iMiy'cosT ^ section two the cost of the investigations and all steps np to such disagreement, so far as- the same relates to each extension or a just and proportionate part of the whole cost, shall be paid by the town and township interested as aforesaid. Copies of 4. And be it enacted^ That to enable the owners of a bl»*Se* »" tively of said extensions in any town or township inter- ested as aforesaid, may disagree to the recommendations of said commissioners or said modification thereof, by filing, within thirty days after the end of said two weeks, their written dissent thereto, in the office of the town clerk of the town or township in which the said lands lie. 5. And be it enacted^ That in case the said town council Commwsion- and all the township committees which respectively are**"^?*^"?® *p ., .J . . ^ ix X' extensions, if to pass upon any of the said extensions or alterations townships and agree, (which they may do separately as well as at the ^vancT^" joint meetings) with the said recommendations in respect money, to each extension or alteration, or any modification thereof, and if the owners of the majority of the land within the drainage area in any town or township inter- ested as aforesaid, shall not disagree, as hereinbefore pro- vided, and in case the town or townships interested as aforesaid shall further agree with the commissioners (as they are hereby authorized to do), to advance all tne moneys necessary for said extensions and alterations, then the commissioners shall proceed to execute each of such extensions so agreed upon, and may purchase or Mav purchase take on payment all such lands or acquire easements *° therein, as may be necessary for the purpose of building said sewer in the manner and upon the proceedings provided for taking other lands for sewer purposes in the aforesaid sewer act of March twenty-seventh, eighteen hundred and seventy-four, and the supplements thereto ; the construction of such extensions or alterations lying 556 SPECIAL PUBLIC LAWS. I i Other exton- outside of the Hnes of the improvements now under con- | Hdveri?e«f and ^^^^» shall be Contracted for in writing by said commis- be given out by sioncFS with the lowest responsible bidder, after advertise- contract. ment for four weeks in one or more newspapers circulating in the neighborhood of said lands within the drainage area ; the bids may be made on the basis of payments, in cash or in bonds of the town or townships at five per cent. ^ discount, and he shall be considered the lowest bidder, | whose bid, in the mode of payment, the commissioners shall think at the time will be most for the public interest, Proviso. shall be lowest; provided, that in the case of any exten- sion or alteration agreed upon as aforesaid, lying within the lines of the improvements now under contract, the commissioners may agree with the present contractors, or their successors, as to the prices to be paid for said exten- sions or alterations, which agreement must be ratified by the town council and township committees of the town and townships interested. Town and 6. And be H enacted, That in order to raise the money ^^wereTto*^*"^^ advance to pay the whole cost of the construction of issue bonds. Said scwcr cxtcnsions and such alterations as the said commissioners shall make under this act, and to pay for the lands taken or easements acquired, and all incidental expenses, the town council and township committees respectively, which have pursuant to this act agreed to advance the money necessary for the respective sewer extensions and alterations to be executed under this act, are hereby empowered to issue in the name of said town or township, bonds in such amounts and for such amount in the whole by each town or township, as may be agreed upon between said town council and township com- mittees and said commissioners, as the approximate amount necessary to be advanced by such town or township for such sewer extensions and alterations; pro- Proviso. vldedy that the sum total of the bonds to be issued prior to the final assessment shall not exceed the estimated cost of the work ; said bonds shall be payable at such times as the town council or township committee issuing the same shall think expedient ; all shall bear interest from date of issue ; in case bonds should be thus issued by anv town or township over and above the amount which shall afterwards be ascertained to be the amount of benefit re- ceived by lands in that town or township, the bonds thus SESSION OF 1875. 557 issued in excess shall not be invalid for that reason ; but any town or township issuing a larger amount than it shall afterwards be ascertained was required to pay the assessment on lands in that town or township, snail be reimbursed by the other town or townships, on an ad- iustment of the amount that ought to have been advanced by each, said adjustment to be made by the assessors, as hereinafter provided ; and every town and township, and the property of every town and township, and all lands therein, shall be liable for the payment of such bonds as shall be issued by such town or township under this act; said bonds may be sold or given in payment to contract- ors or others, for work done under this act, at not exceed- ing five per cent, discount ; the cash proceeds of the bonds shall be deposited in the First National Bank of Hoboken by the respective town and township treasurers, and said treasurer shall use said moneys only to pay drafts issued by said commissioners to pay all the expenses of execut- ing this act, except such as shall be paid in bonds ; the interest and such per centage of the principal of said bonds as the town or township interested shall fix, shall annually be repaid to the town or township issuing the same from out of the assessments which shall be levied, as herein provided, upon the lands benefited in the drain- age area in such town or township, and the money so collected to pay such principal of said bonds shall be used by such town or townships to redeem and cancel its bonds, and for no other purpose whatever. 7. And he it enadedy That the several costs mentioned costs to be »*» in the third section of this act, shall be ascertained by ®®****^"^<* ^y three assessors, non-residents of any of said townships or pointed, town, and who shall hold no property therein, to be ap- pointed by the supreme court, or any justice thereof, upon the application of said commissioners, and said assessors shall add thereto such expenses as may be necessary to be incurred to complete the assessments in said section mentioned, and the whole shall be declared by said asses- sors to be payable by the town or township chargeable therewith under said section in this act, and in case the whole shall not be chargeable on anj^ one town or town- ship, the said assessors shall determine what portion thereof shall be paid by any town or township, and said determination shall be made according to the benefit re- 558 SPECIAL PUBLIC LAWS. ceived by such town or township by the expenditure in said third section mentioned. Commisgion- 8. And be it etiacted, That when either of said sewer ftapreme court ©xtensions shall be built, the commissioners shall apply for appoint- to the Supreme court, or any justice thereof, to appoint sorefwheT^ three assessors, non-residents of either of said town or sewer is built, townships, and who shall hold no property therein, and d said court, or justice thereof, shall appoint such assessors, who shall take an oath before any justice of the peace or master in chancery, to faithfully discharge their duties AsaeMora to ft8- under this act, and it shall be the duty of said assessors andeTpeuftesof ^ ascertain the whole cost of constructing each sewer ex- cunstructiDK tcnsiou aud alterations, and of the expenses in respect ^^^^' thereof and the costs that must be incurred to complete the said assessment and all interest payable on all moneys paid or secured in respect thereof; the commissioner's compensation in respect of such sewer extension, and their own compensation in respect thereof, which latter shall be fixed by said court ; and ascertain how much of the sum of the said amounts is the benefits received by | the lands in each town or township in the drainage area j Aaseiwore to of cach sewcr extension and alteration, and said assessors shall assess the said amount upon each parcel or lot of land within the drainage area of said sewer exten- sion and alterations according to the benefit received by Proviso each parcel or lot ; provided, that no lot or parcel shall be assessed more than the benefits received ; said asses- sors shall then make a map, showing, by careful de- lineation, each plot and parcel assessed, and the amount assessed against that plot or parcel, and the owner or owners, name or names, as far as the same can be ascertained ; they shall also make a report ex- planatory of their assessments and said assessment map, and the report shall be filed in the clerks' offices of the town and townships in which said lands lie ; the filing of said assessment shall then be advertised by publica- tion in one or more newspapers published in Hudson county, and circulating in the neighborhood, and notice thereof shall be posted in ten conspicuous places in said town or townships; at the expiration of thirty daj'-sfrom the date of said filing said assessors shall receive and consider all objections that may be presented to them in writing, and thereupon shall review said assessment and SESSION OF 1875. 559 make such corrections as they may find necessary, and finally adopt the same ; and the said assessment in the said town and townships shall become a lien on said property, and shall be collected with interest thereon, in such annual installments as each separate town or town- ship shall for itself decide ; and the excess of the sum of said amounts of cost over the benefits received by said lands shall be assessed by said assessors upon the town and townships in which the lands in the drainage area of such sewer extensions and alterations lie, in the pro- portion that the total amount of benefits in the drainage area in said town or townships bears to the total benefits in all the townships or town in which the said drainage area of said sewer extensions and alterations is located, and said town and township shall raise the same by gen- eral tax. 9. And be it ena>cted, That the assessments on lands Aseewments, « benefited for any sewers built by said commissioners, un-*'®° der the authority of said act or any supplements thereto, shall be a lien on such lot or parcel as shall be assessed, and shall be payable in such annual installments as the How payable, town council or township committees of the town or*^"^;^,*^®^™''*'*' townships in which they lie shall determine, with inter- est at eight per centum per annum, until default in the payment of such installments or interest, and then the whole assessment shall immediately become due, and twelve per centum thereon thereafter till paid, and the said lands may be sold therefor by the town council orj^n^ j,^ township committee of the town or township in which sold, they lie for the shortest time for which any person^ will take the same, and pay the said assessment and interest and all costs of sale, but the owner or his assignee may redeem the same at any time within two years from each sale, and any mortgagee or other encumbrancer may re-ownen may deem the same within one year after the purchaser or r«»i>e>' officers, member of the general assembly and other officers to be* chosen at said election; which said election, and the elections provided for in the next two preceding sections, shall be conducted in the manner prescribed in the act to which this is a supplement, for the other wards of said town. ^.' And be it enacted, That the present members of the Officere to hold common council and commissioners of the public schools ^®°®;j""„'Jjf elected for the said second ward, and residing in the said terms, fourth ward, shall continue in office until the expiration of their terms, and shall be members forthefourtn ward; and any vacancies that may occur in the representation of the second ward in the common council or board of 566 Commission- ers of deeds SPECIAL PUBLIC LAWS. education, by reason of this act, shall be filled as provided in the act to which this is a supplement. 7. And be it enacted, That the commissioners for taking: the acknowledgment and proof of deeds appointed and commissioned for the said second ward, shall continue in ofiice until the expiration of their terms of oflSce, and the commissioners residing in the second ward shall be commissioners for said ward, and those residing in the fourth ward, shall be commissioners for said fourth ward ; and at any joint meeting after the passage of this act, the full number of commissioners that each ward is en- titled to may be appointed and commissioned. 8. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCLXXVL An Act to legalize Book Number 223 of Deeds, of Mon- mouth county. Preamble. Whereas, on the thirteenth day of October, eighteen hundred and seventy-three, the clerk's office of the county of Monmouth, at Freehold, was destroyed by fire, and book number 223, of the records of deeds in said office, was consumed ; and whereas, many of the deeds and other instruments recorded in said book have again been recorded in a new book of records designated by the same number, and other deeds and instruments in the former book will be recorded therein ; therefore, Book of deede, 1. Be IT ENACTED by the Senate and General Assemldy of legalized. ^^ ^j^^^ ^f New Jersey, That book number 223 of deeds, now in the clerk's office of the county of Monmourh, shall be received in all courts for the same purposes as the original book number 223 of deeds, which was de- stroyed as aforesaid, would be received if in existence ; and that the record of any deed, lease or other instru- SESSION OF 1875. 567 ment in said new book number 223, and the transcript of Transcripts of such record certified to be a true transcript by the clerk J^iv^^^in^ in whose office such record is kept, shall be received in evidence, evidence, and be as good and effectual as if the original instrument recorded therein should be produced and proved. 2. And be it enacted, That this £tct shall take efiect immediately. Approved April 9, 1875. CHAPTER CCCLXXXVIII. A Supplement to the Public School Law. An Act to enable School District Number Nineteen, in the township of Gloucester, county of Camden, state of New Jersey, to raise by tax and loans the money necessary to build a public school house within said district. Whereas, it has been represented that the house used as Preamble, a public school house m District Number Nineteen, in the county of Camden, is in a dilapidated condition and unfit for the purposes of education, and that the taxable inhabitants of said district are desirous to raise by tax and loans, sufficient money for the purpose of erecting and building a new school house in said dis- trict; therefore, 1. Be it enacted l>y the Senate and General Asserably ofxruateee may the State of New Jersey, That the trustees of School Dis- borrow money trict Number Nineteen, in the township of Gloucester, {JJl^^J buiw * county of Camden, or a majority of them, are hereby school houae. empowered to borrow and expend a sum not exceeding two thousand dollars, for the sole and exclusive purpose of purchasing a suitable plot of land within the limits of said District Number Nineteen, and for erecting thereon a public school building with the necessary fences and buildings. 568 SPECIAL PUBLIC LAWS. Trustees em- 2. And be it CTioctedj That in order to provide for the nMt^Mw^Mo repayment of said sum of two thousand dollars, the trus- assess taxable tees of Said district, OF a majority of them, are empow- repayment'of ^^®^ ^ direct the asscssoFS of said township of Glouces- money. tcr, in each of the three consecutive years, including the present year, and the two next years succeeding, to as- sess upon the taxable property of said Distrijct Number Nineteen a sufficient sum, which, together with an addi- Po" ♦^♦o fee tional poll tax of three dollars, which shall be assessed upon "*^** * each legal voter in the district, shall be equal to one- third of the amount with the accrued interest, and the collector of the aioresaid township shall pay the money collected on such assessment on the order of said trus- tees or a majority of them; and should there be any ®Y^^".* S?**^' surplus of public school monev belonsfinffto said district money, how t- y f ^ ^ t i** t • -ii used. after the schools have been kept open the time the law requires, said surplus shall be used by the trustees in the building and furnishing said house. 3. And be it enacted. That this act shall be considered a public act and take effect immediately. Approved April 9, 1875. CHAPTER CCCLXXXIX. An Act to amend an act approved March thirty-first, eighteen hundred and seventy-five, entitled "A Further Supplement to the act entitled * An Act to revise and amend the charter of the city of Newark,' " approved March eleventh, eighteen hundred and fifty-seven. Repealer. 1- Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the tenth section of the said act, approved March thirty-first, eighteen hundred and seventy-five, be and the same is hereby repealed, and in Actions for lieu thereof it is hereby provided, that all actions for T?oiVimi8* how penalties for violation of the provisions of this act, shall brought. ' be brought in the name of " The Mayor and Common Council of the City of Newark," before any police justice SESSION OF 1875. 569 of the said city, who is hereby authorized to hear, try and determine the same ; and that all such actions as to complaint, process, (service thereof) pleadings, trial bv jury or by said justice, judgment, execution and appeal, shall as nearly as may be, be regulated by the provisions of and conducted in the same manner as prescribed for the recovery of penalties for the violation of the ordi- nances of the said city, in the thirty-third, fifty-second, fifty-third, fifty-fourth, fifty-fifth, fifty-sixth and fifty- seventh sections of the act entitled, " An Act to revise and amend the charter of the city of Newark," approved March eleventh, eighteen hundred and fifty-seven. 2. And be U enacted. That the word "thirty "in the Amendment, second section of the act to which this is a supplement be and the same is hereby stricken out, and in lieu of the same the words " not less than fifteen nor more than thirtv " be inserted. 3. And be it enacted, That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCXCIV. Supplement to an act entitled "An Act incorporating the West Jersey Game Protective Society." 1. Be it enacted by the Senate and General Assembly o/ Penalty for the Staie of New Jersey, That hereafter any person or!«»"'"K'*'"nt- persons non-residents of this stiite, who shall kill, destroy, IJl^iny deer?^ hunt or take any doe, buck, fawn or any sort of deerP*^"*'^®' whatsoever, or shall kill, destroy, hunt or take any part- ?abbft! or the ridge, moor fowl, ruflled grouse, commonly called pheas-J^^*^{""K<^^ ant, pennated grouse or prairie chicken or any other kind of grouse, quail, woodcock, wilson or gray snipe, reed bird, rail bird or rabbit at any time, or shall catch any speckled brook trout or speckled river trout at any time within the counties of Camden, Gloucester, Atlantic, Salem, Cumberland and Cape May, in this state, without 37 570 P.ovieo. SPECIAL PUBLIC LAWS. complying with the by-laws of this Game Protective Society, then the person or persons so offending shall forfeit and pay the sum of fifty (50) dollars each for each and every offence, and may be proceeded against in any county of this state wherein sucli person or persons may be arrested or wherein such offence shall have been committed, and in default of the payment of the forfeit money with costs of prosecution, any person or person so offenaing shall lie in the common jail until the same shall be paid ; one-half of the forfeit money shall be for the benefit of the person prosecuting for the same, and the remainder paid to the collector of the township wherein the conviction may be had, and all acts or parts of acts inconsistent with this act are hereby repealed ; provided, that nothing in this act shall prevent residents of this state from taking game or fish, subject to the ex- isting laws of this state. Approved April 9, 1875. Section amen- ded. Amendment Amendment. CHAPTER CCCXCV. An Act to amend an act entitled "An Act to incorporate the City of Passaic," approved April second, eighteen hundred and seventy-three. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That section twenty-four of said act be amended by adding thereto after the twenty-eighth subdivision, the following : "XXIX. To examine and audit the accounts of the city treasurer and collector on the first Tuesday in March and September, in each year." 2. And be it enacted. That section thirty-two of said act be amended by adding thereto the following: "And every ordinance so recorded and authenticated shall be presumed to have been duly passed until the contrary is shown." 3. And be it enacted, That section thirty-four of said SESSION OF 1875. 571 act be amended so as to read as follows: "That the Amendment salary of the citj' clerk shall be fixed by the city council, provided the sum so fixed shall not exceed fifteen hun- dred dollars ; and he shall be entitled to charge individ- uals by whom he shall be employed to copy records of his office or proceedings of the board of council, at the rate of eight cents per folio, and for making and certify- ing searches such pay as the clerk of the county of Passaic may be entitled to by law for making and cer- tifying searches in his office; and said records and proceedings shall be open to inspection and examination during all reasonable business hours by persons interested therein ; the superintendent of streets shall receive a salary not to exceed five hundred dollars per year ; the compensation of the collector shall not exceed the sum of one per centum of the sums collected by him, and the performance by him of other duties than the collection of taxes and assessments shall not entitle the collector to any additional compensation from the city ; the assessor shall receive fifteen cents for each name on his duplicate for assessing taxes, the sum of two dollars for attending each meeting of the county board of assessors, two dollars for attending each meeting of the commissioners of ap- peal in cases of taxation, and twenty-five dollars for writing each duplicate of assessment ; the chosen free- holders, surveyors of highways, overseer of the poor, commissioners of appeal in cases of taxation, and con- stables shall receive tne same fees and emoluments as the like officers of township of this state ; the city council shall be entitled to a salary of five hundred dollars for opinions upon all questions submitted to him by the city council, and for advice given to the officers of the city when applied to by them for that purpose, and to such further compensation as shall be reasonable for drawing contracts, attending and conducting suits, actions and proceedings at law, and performing any other ser- vices that may be required of him ; the judges and clerk of elections shall receive for each charter election at which they act, the sum of six dollars ; the mayor and councilmen shall receive no compensation. 4. And be it enactedj That subdivision XI, of section Amendment, thirty-five of said act, be amended so as to read as follows : "For the contingent expenses of the city ; and 572 SPECIAL PUBLIC LAWS. Amendment. Proviso. Amciidmeiit. for all other object and purposes authorized by this act ; and it shall be the duty of the city council during the month of June in each j^ear to make the annual appro- priations for the several objects for which taxes are raised, and no appropriation shall be exceeded unless by a vote of three-fourths of all the members of the citv council, and it shall be the duty of the treasurer, once in each month to furnish the citv council with a statement of the balances of said appropriations." 5. And be it enacted^ That section thirty-eight of said act be amended, so that it will read as follows : That the assessors of said city in making their assessments are hereby directed and required to assess all lands and real estate in the names of the persons who were the owners of the same on the twentieth day of May in the year in which the assessment shall be made, and to assess each lot or tract of land separately, and to designate the same by the street where situate, and by the number thereof, and if not numbered, by a short description ; and that the assessor shall, when maps are for that purpose pro- vided by the city council, make their assessments as nearly as may be according to such maps ; provided^ that no taxes for any purpose shall be levied or assessed upon any property within said city which shall be owned by the said city in its corporate capacity, or which shall belong to any fire department of said city, nor upon church edifices or public school buildings, or the lots or curtihiges whereon the same are erected ; but this pro- viso shall not exempt any such property from liability for street assessments under this act, nor any parsonage or the lot on which it stands from taxation." 6. And be it enacted, That section forty of said act be amended, so as to read as follows: "That duplicates of the assessments of taxes made by the several assessors as aforesaid, shall on or before the first day of October in each year be delivered to the collector, and the original assessments shall, on or before the first day of December in each year, be deposited in the oflSce of the city clerk, and such taxes shall, from and after the twentieth day of December, bear interest at the rate of twelve per centum per annum ; and if the full amount of any tax assessed by the said assessors shall not be paid by the twentieth day of January in the year next after that in which the SESSION OF 1875. . 573 said assessment shall be made, a penalty of two per centum shall be added to the amount of the tax ; all Eersons paying taxes before the twentieth day of Decem- er in the year in which the same shall be assessed, shall be entitled to a reduction at the rate of seven per cent, per annum from the time of payment to the said twentieth day of December." 7. And be it enacted. That section fifty-two of said ^ct Atacndmeiit. be amended by striking out the word " two " and inserting in its place the word " three." 8. And be it enacted. That section fiftv-three of said act Amendment, be amended by striking out the word "two" and insert- ing in its place the word " threes 9. And be it enacted, That section fifty-seven of said AtneDdn>ent. act be amended so as to read as follows : " That it shall be lawful for the citv council of the city of Passaic, when- ever the public good may require it, by ordinance — I. To lay out and open any street, road, highway or alley, public park or square within said city ; to order and cause any street, road, highway or alley already laid out, or which shall hereafter be laid out, to be vacated, straightened, altered, widened or extended, and to take and appropriate for such purposes any lands and real estate, upon making compensation to the owner or owners thereof, as hereinafter mentioned ; provided, application Provino. in writing signed by the owners of at least one-third of the lineal feet of land fronting on the proposed improve- ment be first presented to said city council. II. To order and cause sewers or drains to be con-Amehdment. structed in any part of said city, and if necessary, to take' and appropriate for such purposes any lands and real ^tate, upon making compensation to the owner or owners thereof, as if hereinafter mentioned and provided. III. To order and cause any street or section of a street AmendmeDi. to be graded, gravelled, paved, flagged, macadamized, planted with shade trees, or otherwise improved and regulated in such manner as they may deem advisable. 10. And be it enacted, That section sixty-one of said act Amendment, be amended so a^ to read as follows : " That whenever the city council shall determine, by ordinance, to lay out and open any street, road, highw^ay or alley, public park or square, within said city, or to alter, widen, straighten or extend any street, road, highway or alley, or to make 574 SPECIAL PUBLIC LAWS. any sewer or drain in any part of said city, and to take and appropriate for such purpose any lands and real estate, tney shall appoint three disinterested freeholders of said city, residing in different wards, commissioners to make an assessment of the damages that any such owner or owners will sustain by taking and appropriat- ing, in the manner aforesaid, such lands and real estate ; and in estimating and assessing such damages the said commissioners shall have due regard both to the value of the lands and real estate, and to the injury to the owner or owners thereof, by making such improvements as aforesaid ; and after such award shall be made the re- maining lands and real estate of any such owner or owners shall be liable to assessment for the payment of the costs, damages and expenses of such improvement, under and in pursuance of the provisions of the sixty- sixth section of this act; and the same shall be and remain a lien upon said lands and real estate." Amendmwit Xh And be it enoctedy That section sixty-six of said act be amended so as to read as follows : " That in order to provide for the payment of the costs, damages and ex- penses of executing any of the improvements or work mentioned in the fifty-seventh section of this act the city council shall ascertain the whole amount of such costs, damages and expenses, and shall cause to be made a just and equitable assessment thereof upon the owners of the lands and real estate benefited thereby, in proportion, as nearly as may be, to the advantage each shall be deemed to acquire ; provided, that no owner or owners shall be assessed beyond the benefits received by his or their lands and real estate, and in cases where such costs, damages and expenses exceed the benefits the excess shall be paid out of the city treasury ; and the said city council may ascertain such costs, damages and expenses of any improvement and cause the ^ame to be assessed as herein provided, notwithstanding any appeal taken pursuant to section sixty-three of this act may not have been determined, and if, by the judgment of the court upon any such appeal, damages should be awarded, or any award of damages previously made shall be in- creased, such damages or the excess of damages, as the case may be, with the costs of the city of Passaic, upon such appeal shall be also ascertained by said city council ProviSds SESSION OF 1875. 575 and assessed in the manner in this section provided ; the provisions of this section shall not be construed to apply to necessary repairs of any street, road, highway or alley, and that no lands proposed or ordered to be taken and appropriated by said city for streets or other city pur- poses, shall be taken possession of by said city, nor the adjoining lands be assessed for improvements of such streets until the value of said lands shall first be paid to the owner thereof, nor until such improvements shall have been completed ; and no lands which have been once assessed for improvements of a street, shall be again assessed for or on account of any extension of such street." 1^. And be it enacted. That section sixty-seven of said Amendment. act be amended by striking out the words " as near as may be." 13. A7id be it enactedy That section sixty-nine of said Amendment, act be amended so as to read as follows : " That the said commissioners shall make a report in writing, of the assessment so made, and of the excess (if any) of the costs over benefits, to be paid out of the city treasury, and before proceeding to sign the said report shall file the same in the office of the city clerk for examination by the parties interested therein, and shall give ten days notice by publication in two newspapers printed and published or circulating in the city of rassaic, that such report has been deposited as aforesaid, and also of the time and place, when and where the parties interested can be heard by the said commissioners, and after hear- ing the parties, the said commissioners shall proceed and complete the report, and sign the same, and return the said report with all objections in writing, which shall be presented to and left with them by any of the parties interested, to the city council." 14. And be it encoded, That section seventy -two of said Amendment. act be amended so as to read as follows : " That no com- missioner to make an assessment of damages or of costs and expenses, or to fill any vacancy, shall be appointed except ne shall have been nominated at a previous stated meeting of the city council; and all such nominations shall be published at least once before such appointment in two newspapers, printed and published or circulating in said city of Passaic ; and that in case of the resigna- 576 SPECIAL PUBLIC LAWS. tion, death or disability of one or more of the said com- missioners, it shall be lawful for the city council to supply by appointment the vacancy or vacancies caused by such resignation, death or disability." Amendment. 15. And be it enacted, That section seventy-three of said act be amended so as to read as follows : " That whenever any report of assessment, as aforesaid, shall be confirmed by the city council such report shall be delivered to the city clerk, and the said clerk shall prepare an abstract of such assessment and enter the same in a book to be kept for that purpose, and after so recording it shall deliver the same to the collector who shall thereupon give notice in two newspapers printed and published or circulating in the city of Passaic, which notice shall be published for three weeks successively, stating in general terms the streets or sections of streets comprised in such assess- ment, and requiring the owners of the land and real estate assessed in such report to pay the amount to him within sixty days from the first publication of the notice, and after the lapse of said sixty days all assessments shall bear interest at the rate of twelve per centum per annum from the date of the confirmation thereof." Amendment. 16. And be it enacted. That section seventy -seven of said act be amended so as to read as follows : 'That when the city council shall ordain to execute any im- provement involving guttering, curbing or the laying of sidewalks, it shall be lawful for any owner of lands, upon giving written notice of his intention to the city clerk within the time limited for that purpose in the ordinance, to lay that portion of the sidewalk and do that portion of the guttering and curbing required in front of his lands at his own expense, under the super- vision of the superintendent of streets, and according to the directions of the city council, and within such time as they shall appoint, in which case such lands shall not be liable to assessment for any part of the costs incurred in the execution of such improvement, for guttering, curbing or laying sidewalks." Amendment 17, And be jJt mhoctedy That section seventy-eight of said act be amended by inserting "gutters" between "car- riage way" and "or," and by striking out the words "and gutter." 18. And be it enacted, That this act shall not be con- SESSION OF 1875. 577 strued to affect any vested right or interest, nor any Act not to be penalty heretofore incurred, nor to invalidate any pro- ^]y^j'*"^^'J^jj. ceedings had or commenced under the said act to in cor- date any pro- porate the city of Passaic, but such proceedings shall °®®^*°*^- proceed and be continued in conformity with the provis- ions of this act, so far as such provisions may be applica- ble thereto, and in other respects in the same manner as if this act had not been passed. 19. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCXC VI. A Supplement to "An Act regulating procedure in crim- inal cases/' approved March twenty-seventh, eighteen hundred and seventy-four. 1. Be IT ENACTED by the Senate and General Assembly o/Twoormore the State of New Jersey y That any two or more of theJJ5|j«»^ main a lien on lands. Mistake in name, not to invalidate. A Further Supplement to an act entitled "An Act to revise and amend the charter of the Town of Phillips- burg," approved March eighth, one thousand eight hundred and seventy-two. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the assessors of taxes of the several wards of said town shall make and finish their assessments as prescribed by law, between the first Mon- day of May and the third Monday of June of each year, and shall meet annually on the fourth Monday of June in each year, at the town hall, and may from time to time adjourn, and when so met shall constitute a board of assessors, and shall perform the duties required of them by section four of article six of the act to which this is a supplement. 2. And be it enacted. That the said assessors of said town shall so arrange their duplicates as to specify therein by numbers the several lots or subdivisions of lots assessed, and the streets or allevs whereon the same are situate, with the amount assessed thereon, and the name of the owner thereof, to the end that each lot or sub- division thereof shall be liable for the whole amount of tax assessed thereon ; and said duplicates shall also specify the name of the street or alley in said town whereon each taxpayer resides at the time of making the assessment, and also the number of such taxpayer's residence. 3. And be it enacted, That all taxes which may here- after be assessed upon any lands, tenements and real estate in said town, shall be and remain a lien thereon, as provided in section twelve of article six of the act to which this is a supplement, notwithstanding any mistake in the name or names, or owner or owners, or omission to name the owner or owners of the same, and any assess- ment of taxes in which such mistake or omission occurs, shall be valid and effectual in law. 1 1 \ SESSION OF 1875. 587 4. And be it enacted^ That it shall be the duty of the Assessore to re- said assessors to return to the collector of taxes of said*"™^°P^*®**** town, the duplicates of the assessments of the several wards at such time as the common council of said town inay by ordinance direct and appoint ; and it shall be the duty of the said collector immediately thereafter to notify each taxpayer as provided in section seven of article six of the act to which this is a supplement. 5. And be it enacted, That the common council of the Council to said town shall meet as commissioners of appeal in cases ™^j^^"^^"^ of taxation, at such time and place, and upon such notice appeal. as the common council may by ordinance direct ; and when so met shall have the same power and authority that like officers in the townships of this state have. 6. And be it enacted. That the collector of taxes shall Collector to re- demand payment at such times as the common council Je^-S.u."' may by ordinance appoint, of the tax or suras assessed on each taxpayer named in the duplicates ; and in case of the nonpayment of taxes at the time appointed for the payment tnereof,it shall be the duty of the said collector, at such time as the common council may by ordinance direct, to return the names of all delinquents in the several wards, with the sums due from them respectively, and a statement of all the lots, or subdivisions of lots, against which taxes may have been assessed and remain uncollected by him in the several wards, identifying such lots by numbers or marks, with the names of the reputed owners thereof and the amount assessed thereon, to such justice of the peace as the common council may appoint; and it shall be the duty of such justice of the Justice to iasue peace to whom any list of delinquents shall be returned as warrant. aforesaid, immediately upon receipt thereof, to administer to the said collector on oath or affirmation, that the moneys mentioned in said list have been duly demanded, or due notice given at the usual place of residence of such delinquents who could be found or may then reside in said town, and to issue his warrant directed to the said collector, who shall have power to collect the same, as provided in the act to which this is a supplement, and shall . return said warrant to the justice of the peace issuing the same, at such time as the common council may by ordinance direct, with a full return of all the proceedings thereon, and at the same time shall make a 588 SPECIAL PUBLIC LAWS. interest. Taxes, how assessed. full return and statement to the common council of said town, as provided in section ten of article six of the act to which this is a supplement. Taxes to draw 7. And be it enodedy That all taxes hereafter assessed in said town shall be charged with interest at the rate of twelve per centum per annum from and after the day on which they shall be returned by the said collector as de- linquents, which interest shall be collected by the said collector, and accounted for and paid over by him in the same manner that the taxes of delinquents are. 8. And be it enadedy That in all cases where the state and county taxes to be assessed and collected in said town in any year shall be assessed and directed by the common council to be collected, before the quota of the said taxes to be levied and collected in said town for such year shall be fixed as prescribed by law, it shall be the duty of the assessors of said town, in making their assessments, to assess the amount of taxes fixed as the quota of said town for the last preceding year ; and in case of any deficiency in the amount of taxes so assessed, it shall be the duty of the common council to direct the amount of such deficiency to be added to the amount required to be assessed and levied for the next year ; provided, that nothing herein contained shall be construed to relieve the said town from the obligation imposed by law, to pay the state and county taxes required to be levied and collected in said town in each year ; and provided, also, that the town treasurer shall pay over to the county collector of the county of Warren the proportion of state and county taxes directed to be assessed and collected in said town, at the time prescribed by law, or at any time previously thereto, as the common council shall direct, and under the penalties that are or may be prescribed by law in regard to the collectors of the several townships of this state. 9. And be it enacted, That the collector of taxes of said appoint deputy. i^Q^^j may from time to time appoint a deputy collector of taxes for said town, who shall have the same power and authority in the collection of taxes that the collector of taxes has, and who, before he enters upon the duties of his office, shall take and subscribe the oath of office prescribed in section five of article four of the act to which this is a supplement, and said deputy shall make Proviso. Proviso. Collector may SESSION OF 1875. 589 returns and payments, and render his accounts to the said collector ai such times and in such manner as the said collector may prescribe, and shall be removable from office at the pleasure of the said collector ; and the collector of taxes shall be responsible to the town for the actions, conduct and default of his said deputy and shall also compensate his said deputy for his services. 10. And be it enacted, That the common council of said Power to iaaue town are hereby authorized to issue coupon or registered amount" bonds to an amount not to exceed twenty thousand dollars, in sums of not less than fifty dollars nor more than one thousand dollars each, to bear interest at the rate of not over seven per centum per annum, payable half yearly, and the principal of said bonds shall be payable at periods of not less than ten nor more than thirty years from the date thereof, and said bonds may be sold at public or private sale, at not less than the par value thereof, at such times and such amounts as the common council may direct, which bonds shall be de- nominated on the face thereof ^'Municipal Bonds," and of the proceeds of the sale of said bonds seven thousand Proceeds of dollars shall be applied to the payment of the existing hot^proprTa floating debt of saia town, and thirteen thousand dollars t«i- to the paying of existing bonds of said town as they may become due ; and for the purpose of paying said "Municipal Bonds" and the interest thereon, as the same may become due and for no other purpose whatever, the said common council are hereby authorized to assess and collect annually a tax sufficient to pay the interest each year, and to constitute a proper sinking fund for the pay- ment of any portion of said municipal bonds, not exceeding the sum of two thousand dollars annually, that may exist, Annual tax to in addition to any other tax by law authorized, and said paJ^nterest tax shall be entered separately in the notice given by and to constV the collector of taxes to taxpayers, and shall be keptf"!,^*"'^^*"'^ separate and distinct from all other taxes. 11. And be it enacted, That in addition to the fees andcouncu may compensation now allowed to the said assessors and «?''»"* ^^^'^'j 11*. n . ii -1 'j.!.* oompeneation. collector of taxes, the common council may, in their discretion, grant such additional compensation as in their opinion would be just and reasonable, and order the same to be paid out of the incidental fund of said town. 590 SPECIAL PUBLIC LAWS. Repealer. 12. And be it enocted. That all acts and parts of acts in- consistent herewith be and the same are hereby repealed, and that this act shall be deemed a public act and take effect immediately. Approved April 9, 1875. Board of aa- aessors to pub- lish notice of time of meet- ing to hear complaiDts, as to valuation of property. Valuation, not to be altered. Real estate to be assessed without any deductions Sections of certain act, to be iu force and operation. CHAPTER CCCCIV. An additional supplement to *' An act to provide for the more efficient government of the city of Trenton," approved March nineteenth, one thousand eight hun- dred and seventy-four. 1. Be IT ENACTED by the Senate and General Assembly of ihe State of New Jersey^ That when the board of assessors of said city shall have made the valuation of real estate and the improvements thereon, they shall eive one weeks' notice in the daily newspapers published in said city, setting forth the time or times, and place when and where they will attend to hear and consider all complaints touching such valuations, under such rules and regula- tions as they may prescribe, and to increase, reduce, alter or modify such valuations as to them may appear just and equitable ; after hearing such complaints and making such changes as they may deem proper, the valuations so finally fixed by said board shall oe conclusive, and shall not be altered by any authority before the next valuation of real estate and improvement shall be made. 2. And be it enacted, That hereafter all real estate in said city shall be assessed for all purposes without any deduc- tions for any indebtedness whatever. 3. And be it enacted. That hereafter the sixteenth and seventeenth sections of "A further supplement to 'An act concerning taxes,* " which said supplement was ap- proved April eleventh, one thousand eignt hundred and sixty-six, shall be in full force and operation so far as regards banks and corporations located in said city ; and that the assessments and collections of taxes therein i i SESSION OF 1875. 591 mentioned shall be made and collected and paid as pro- vided in said sections, any law to the contrary notwith- standing. 4. Ami be it enaded. That the demand of payment for Demand of taxes may be made by such persons as the receiver of pY'^^J*^^ taxes may appoint, and such demand shall be valid if made, the statement of such taxes written or printed, or par- tially written or printed, shall have been left at the last known place of aoode within this city, of the persons assessed, as if a personal demand of such payment had been made by said receiver or his deputies, or by any person so appointed by him, and the affidavit of the person making such service shall be conchisive evidence thereof. 5. And be it enacted, That all acts and parts of acts Repealer, conflicting with any of the provisions of this act, be and the same are hereby repealed. 6. And be it enacted^ That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCCV. A Supplement to the act entitled "An Act for the laying out of public roads in the township of Caldwell," ap- proved March twenty-sixth, eighteen hundred and sev- enty-four. 1. Be it enacted by the Senate and Oeneral Assembly o/Township the Stale of New Jersey, That after the adoption and ratifi- ^S^^l^^. cation, by the township committee of Caldwell township, ment of dam- of any report and map hereafter made by the surveyors *f ^nde for '°^ of the highways by virtue of the act for laying out,ta.vinf out, widening, altering, straightening or vacating any public ritering^of road or highway, or any part thereof, the said committee, road». before they shall open and work such road or highway, shall proceed to make, according to the best of their skill and judgment, a fair, just and impartial assessment or award of the damages sustained by the owner or owners 592 SPECIAL PUBLIC LAWS. of any lands, tenements or hereditaments which shall be required to be taken for laying out, widening, altering, straightening of any public road or highway in said township, and to assess the said damages and the ex- penses of the said committee, and also all expenses of applicants for laying out said road or highway as equit- ably as may be upon the owner or owners of any lands upon the line or in the neighborhood of such public ABRessmentg, road or highwav, and every assessment so made shall be to remain a*^ A li^n upou sucn Ikuds uutil the same shall be paid; and "«n on l»n<^». such assessment shall be made in the manner as provided »n 1 pai . .^^ section first of the act for laying out public roads in the township of Caldwell. MtiBfied with 2. And be it enacted, That any owner or owners of lands, award or as- dissatisficd with any award or assessment for taking of jKM«ment, maygaid lands may appeal, and shall be entitled to the relief provided in and by section third of the general act, ap- proved March second, eighteen hundred and fifty-four, for the laying out of public roads and highways. Committee to 3. And be it evicted, That when a majority of the own- pro^SS for ^^ of said lands on said public road or highway shall openins:, petition said committee to open and work, or alter and wirking *°^ work Said public road or highway, and said committee roads. or a majority of them shall consider and determine such opening, working, or altering and working are necessary for public convenience, they shall order the township clerk thereupon to set up advertisements in three of the most public places in said township, and if necessary ad- vertise in one or more newspapers of said county circulat- ing in said township, for the reception of proposals for doing the work ; said proposals to be received at such time and place as shall be designated by said committee, ma"aco^tor ^'^^ that Said Committee shall be empowered to reject rej2ct"aii1?ids!^ any or all of said proposals, or to advertise for new pro- posals, or to accept such as shall, in their opinion, be deemed to be most advantageous for said township, and to enter into and compel the performance of all neces- sary and proper contracts for the doing of said work. P'^ne^of 4. And be it enacted, That the owner or owners of any whioii anypub. lauds, through which said public road or highway shall }iad8 opened owners of lands shall open roads or highways, according tSn^icVhow to "An Act to facilitate the opening of public roads," worked, approved March twenty -sixth, eighteen hundred and seventy-two ; the same may be opened and worked by the provisions of this act. 8. And be it enadedy That all public roads or highways, PubUc w>ad8 or parts of public roads or highwavs, or roads or high SJ,YiJ^rked? ways not open to their full width, heretofore laid out in said township of Caldwell, by the surveyors of the high- ways, according to law, and not yet opened or worked, may be opened and worked by the provisions of this act ; 594 SPECIAL PUBLIC LAWS. Proviso. providedy that nothing in this act contained shall in any way interfere with any avenue or street in said township, unaer the control of the Essex public road board. 9. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCVI. An Act to legalize the road meeting in District Number One, held in the township of Downe, in the county of Cumberland, March sixth, anno domini one thousand eight hundred and seventy-five. Elections 1. Be IT ENACTED by the Senate and General Assembly of dedl^^'htnl ^^ 'Siofe of New Jersey, That the election held in and ing. for Road District Number One, in the township of Downe, in the county of Cumberland, on the sixth day of March, in the year one thousand eight hundred and seventy -five, for district oflScers and for voting and granting and raising moneys for said district, be and the same is hereby declared binding and in full force upon the in- habitants and upon the taxable property within the said road district. Afisowment 2. And be it enacted, That the assessment made by d^lared m fiiii the asscssor of said township of Downe in said county, force. for the year one thousand eight hundred and seventy- five, is hereby declared binding upon the inhabitants and upon the taxable property of said district, and that no assessment made as aforesaid shall be annulled or dis- regarded by reason of said election not having been ad- vertised eight days previous to said election, as required by law ; and that no suit or action at law shall be com- menced or prosecuted in any court within this state to annul or set aside any assessment made as aforesaid, for any reason described in this act. SESSION OF 1875. 595 3. And be it enacted, That this act shall be deemed a public act, and that it shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCVII. An act to provide for the inspection of gas and the in- spection and sealing of gas meters, and for the protec- tion of consumers of illuminating gas, in the city of Newark, in Essex county. 1. Be it enacted by the Senate and OenercU Assembly o/'Apoointment tiie Staie of New Jersey, That the mayor of the city ofgag"*^^^' ^ Newark shall nominate, and by and with the consent of the common council, shall appoint a suitable and impar- tial person, competent as a chemist, who is not a stock- holder or employee in any gas works in this county, and who shall reside in the city of Newark, whose duty itPoweraanddu- shall be, when required, to inspect, examine, prove and ^^ ascertain the accuracy of any and all gas meters, used or intended to be used, for measuring and ascertaining the quantity of illuminating gas furnished by any gas light company, person or persons, to the citizens of Newark, and when found to be or made correct, to seal, stamp or mark all such meters and each of them, with some suit- able device, such device shall be recorded in the office of the city clerk ; it shall also be his duty to make such tests of the illuminating power and purity of the gas furnished to the citizens of Newark, oy any gas light company, person or persons, as hereafter specified. 2. Arid be it enxictea, That such inspector shall hold his Term pf office, oflSce for the term of three years from the time of his ap-*"^**'**^- pointment, and until the appointment of his successor, but may be removed by the mayor for sufficient cause, and he shall receive an annual salary of one thousand five hundred dollars ($1,500), to be paid in the first in- stance out of the city treasury, as other salaries are now paid. 596 SPECIAL PUBLIC LAWS. Comptroller to 3. And be it enacted, That such salary shall be charged ^nmiSfas ^> ^^^ P^^^ ^^^^ ^^® ^^^Y treasury by the gas companies, amount of* persoii OF persoDS, furnishing gas to the citizens of New- aaiary. ^^y^^ j^^ amouuts proportionate to the amounts of the capital stock of said companies, person or persons re- spectively, to be ascertained and assessed by the comp- troller of the city, and in case such gas light companies, person or persons, or any or either of them, shall refuse or neglect to pay into the city treasury the amount or portion of said salary, which shall be by said comptroller required of them respectively, for the space of thirty days, after written notice given by said comptroller to them respectively, to make such payment, then the said Action my be comptroller may maintain an action in his name of office feSure to pay" ^^ ^^^Y court of this State against any such delinquent gas light companies, person or persons, for the said por- tion or amount of such salary, with interest thereon at the rate of ten per cent, per annum, from tha time when said notice to make such payment was given, and the costs of the action. Unlawful lor 4. And be it enacted, That it shall not be law^ful for any to furnls^***^ Corporation, company or pe-son, in the city of Newark, meters not in- at any time after this act shall take effect, to furnish and spected. p^^^ jj^ ^g^ ^^j^y g^g meter which shall not have been in- spected, proved and sealed by said inspector, except during such time as said office of inspector shall be vacant, or said inspector, ten days after request made in writing, shall refuse or neglect to prove and seal the meters furnished for that purpose, and except the meters in use when this act take effect and which may be re- When unlawful moved for examination or repairs ; it shall not be lawful to furnish gas. f^j, ^^y corporation, company, person or persons, at any time after this act shall take effect, to furnish or distribute any gas that cannot be tested at the rooms specified, or that shall possess a less illuminating power, or that shall contain a greater amount of impurities than are specified in this act. Roonu to be 5. And be it enacted, That a room or rooms shall be pro- Sttod^up by^ vided and fitted up and kept in repair at the expense of city. the city of NewarK, in the building situated over the Morris Canal, known as the Centre Market bpilding, where the tests as provided in this act may be carri^ Proviso. out; proiridedy that the apparatus required shall be of the SESSION OF 1875. 597 best description and shall be chosen and fitted up under the direction of an expert gas engineer, who shall be ap- * pK)inted by the common council, and that the room or rooms shall be kept open on all business days, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon. 6. And be it enacted. That the quality of the gas supplied Qaai*»ty of km- by any company, person or persons within the provisions of this act shall be, with respect to its illuminating power, such as to produce from an English Parliamentary Standard Argand burner, known as the London burner for sixteen candle gas, with steatite top and fifteen holes, the size of the holes to be six-hundredths of an inch in diameter, the distance between their centres measuring the adjacent holes to be sixteen-hundredths of an inch, the distance between their centres measured across the burner to be eighty-hundredths of an inch, the burner to have a perforated regulator for air and a seven-inch chimney with a diameter of one and seven-eighth inches (1 7-8), consuming five cubic feet of gas an hour, a light equal in intensity to the light produced by not less than fourteen sperm candles of six to the pound, each burning one hundred and twenty grains per hour, and such gas shall, with respect to its purity, be so far free from sul- phu reted hydrogen that it shall not discolor paper imbued with acetate of lead, when these tests are exposed to a current of gas, issuing for thirty seconds, under a pressure of five-tenths of water ; provided, that in case the full ^oyw>. illuminating value of the gas furnished by any company, person or persons to the citizens of Newark, is not given by the burner above described, such a burner shall be used as will give the full amount of light obtainable from the gas. 7. And be it eTiacted, That the company, person or per- Testinj? of ^m, sons furnishing the gas may, if they see fit,, on each bS"op^oSS. occasion of the testing of the gas by the inspector, be represented by some officer ; but such officer shall not interfere in the testing. 8. And be it enacted, That daily inspections, on all Daily inapec- business days, shall be made in conformity to the intent ^J^'*^^^'*** of this act between the hours of nine in the forenoon and four in the afternoon, of the illuminating power of the gas, and that at least once in two weeks a test shall be ^ 598 SPECIAL PUBLIC LAWS. made for the chemical purity of the gas as above pro- Rerovd to be * vided ; and a record shall be kept of each inspection kept- giving the illuminating power and purity, which shall be open to the public, and a copy of the daily inspections shall be furnished the following day to the company, person or persons furnishing the gas, Saturday's inspection to be furnished on Monday, and a full report for the month to be furnished, upon request, to any daily paper printed in the city of Newark, on the day of their publi- cation, next after the twenty-fourth day of each month, to include each day's tests from the date of previous pub- lication, and giving the average illuminating power for the month. Testing: of 9. And be it enacted. That in testing meters, the inspec- metere. ^j. gjjj^u ascertain whether the meter is of proper con- struction, and requires only the pressure of a column of water indicated by the water gnage, commonly used for such tests, of one-fourth of an inch high to work it, and whether it works regularly and correctly, and registers exactly the amount of gas passing througn it, first, at the rate the meter is marked to supply ; secondly, at one- third its rate ; thirdly, at twice its rate ; the standard standard foot, foot shall be One cubic foot, containing sixty-two and three hundred and twenty-one one-thousandths pounds, avoirdupois weight, of distilled water at the temperature of sixty-two degrees fahrenheit, and with a barometrical pressure of thirty inches ; and meters registering within two and a half per centum either way of the exact number of such feet, passing through them at the first named rate, and within three per centum at the second and third rates, and no others shall be deemed accurate Record to be and be Stamped by the inspector; the inspector shall metew^iM keep at the testmg room a correct lecord of all meters me winapeo- jj^gp^^.^^ jjy }^ij^^ ^itjj their proof at the time of inspec- tion, whigh record shall be open at all times to the public for any reasonable examination by any company, person or persons having any interest therein. Metere in nae, 10. And be it enoctedy That any gas meters now in use i req^ee\^f^*ir 3^^^^ ^^ provod and tested on the written request of the sumera, upon cousumcr of gas ou whosc prcmisos it may be, and in his aSmn?**^ presence, if he requires, upon the payment in advance Dv him to the inspector of one dollar and fifty cents (^1.50), for each and every meter inspected, proved and { SESSION OF 1875. 599 * sealed, and if any such meter, on being tested, shall be found to register inaccurately to the injury of the con-' sumer, to an extent exceeding three per centum, the fee of one dollar and fifty cents ($1.50) shall be returned to the person applying for said inspection, and every such meter shall be considered correct, and sealed accordingly, which shall register quantities varying from the true standard measure of gas of not more than three per centum, and a record shall be kept of the same and of all fees so collected ; and all meters hereafter used by any Meters here- gas company, person or persons, shall be first inspected, b^ng^ted proved and sealed at the testing room provided for by and sealed, this act ; and all fees shall be paid in to the treasurer of the city of Newark. 11. And be it enacted, That each company, person or Manufactnrers persons manufacturing illuminating gas in tne City of 2,©?^ to be°* I^ewark shall, when required, in writing by the inspector to»ted. of gas and meters, bring to the testing room any meter that may have been required to be inspected, proved and sealed, and to return the same to its proper place after such inspection ; and it shall not be lawful for any other party or person to remove and return meters. 12. And be it enacted, That the inspector of gas and ^"^P^tor to meters shall give bonds to the extent of double his an- £ke oaSi.' *° nual salary, and shall take an oath or affirmation, before some officer legally qualified to administer the same, that he wull faithfully, diligently and impartially discharge the duties of his office. 13. And be it enacted, That after this act shall take ef- Oas to be sold feet, all gas distributed or sold by any gas company, per- **^ ^^^^^ ^^^' son or persons, in the city of Newark, shall be sold by the cubic foot, except what may be used in the public lamps, and that the bills to the consumers shall state the rate per one thousand cubic feet. 14. And be it enacted, That any person, who, with in-.^t!i?i*^^d^'°' Newark, shall make or cause to be made any pipe, tube <^<>"™p'*"*«'» ^y tent to injure or defraud any gas company in the city of'SUJUii .1 . . . . . - 1 - connectinir or other instrument or contrivance, or connect or cause w:th main to be connected with any main service pipe or other pipe p*p^- for conducting or supplying illuminating gas in such manner as to connect with and be calculated to supply illuminating gas to any burner or orifice, by which illu- minating gas is consumed, around or without passing 600 SPECIAL PUBLIC LAWS. through the meter provided for the measuring and regis- tering of the quantity of gas there consumed, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment not exceeding six months or by fine not exceding two hundred and fifty dollars ($260). Repealer. 15. And be it enaded. That all acts or parts of acts in- consistent with the provisions of this act, oe and the same are hereby repealed, and this act shall be deemed and taken to be a public act and shall take effect immediately. Approved April 9, 1876. CHAPTER CCCCVIII. Supplement to an act entitled " An Act to reorganize the local government of the township of West Hobo- I ken," passed March twenty-seventh, one thousand eight ■ hundred and seventy-four. Application 1. Be IT ENACTED by the Senate and General Assembly of IZ^^'or^^^^^ Sitote of New Jersey, That on application in writing to lands for im- the towuship Committee for any improvement, other Ee^adSwtiTOd!**^^^^ repairs, by any owner of lands, wnich, in the iudg- mem of the township committee, will be specially bene- fited by such improvement, the township committee may immediately thereafter, by resolution, direct the town- ship clerk to advertise the said application or petition for two weeks, at least once in each week successively, in one or more newspapers published in Hudson county and circulating in said township ; and to post copies of the said petition in five of the most public places in said town- ship for ten days ; and the clerk shall also publish and I post, as above, a notice, stating that objections in writing | to said proposed improvements, may be filed with him, and of the time and place when and where the township committee will meet to consider such objections, whicn time shall not be less than ten days after the date of the Proviso. first publication in said newspapers ; provided, no assess- SESSION OF 1875. 601 ment shall be set aside or affected by reason of the mistake of the township clerk, in the form, substance or manner of publishing or posting said advertisement ; at the expiration of the time designated for posting and publishing, the township clerk shall file in his office, a copy of said petition and notice, and an affidavit by him, showing how the same has been published and posted. 2. And be it enacted. That at any time after the expira- Committee ,• n .i .• J. •*! ,• .-t . 1 • when deter* tion of the time named m said notice, the township mined to committee may determine whether such improvement jj*^® j™^®- shall be made ; and if they determine it shall be made, ^Minanoe.*^ to pass an ordinance for that purpose ; and if they determine not to make such improvement, then all costs and expenses incurred by the committee in such pro- ceedings shall be repaid to the township by the petition- ers for such improvement, to secure which the township committee shall, in all cases, require a deposit of twenty dollars before receiving any petition ; the ordinance may Ordinanoe be introduced and passed the same meeting, and shall be*^°^P*"*®^- valid if it describes in general language the improve- ments authorized by the township committee ; and it shall not be necessary to state therein any other matter or thing connected with the said improvement; the township clerk shall publish and post a printed copy of said ordinance in the same manner and for the same time he is required to publish and post the petition for Township oierk the improvement described therein ; and in like manner, *®*^**.*^**py' at the expiration of the time designated for publishing and posting said ordinance, shall file in his office a copy of said ordinance with an affidavit annexed thereto, showing that the same has been duly published and posted. 3. And be it enacted^ That the township committee, Township upon the written application of some of the owners of ^p""n"jjjgl!^ the lands to be specially benefited thereby, may appoint tor of work. an inspector over the work to be done, and materials to be furnished in the making of such improvement, and to include in the assessment therefor, the amount paid to said inspector for his services as such, not exceeaing four dollars per day. 4. And be it enacted^ That after the completion of any improvement, all the costs and expenses thereof, includ- ing interest, costs of commission on assessment, and all 39 602 SPECIAL PUBLIC LAWS. Costs and ex- Other costs whatever, expended by the said township awe^ed^by^ Committee in and about said improvement, shall be de- cominiasionera termined and assessed by three commissioners, to be Md*re!3°^ appointed as hereinafter to be provided, on all the land estate, espe- and real estate, in the opinion of said commissioners, fited^ ^"^ especially benefited by said improvement, in proportion Proviso to the benefits received ; promdedy no lot or parcel of land shall be assessed for more than the benefits especially received by it from said improvement, and if in the opinion of said commissioners, the costs and expenses of said improvement are greater than the benefits received by the land and real estate especially benefited thereby, ^ they shall assess upon the land especially benefited, only the amount of such benefits ; and the surplus, if any, of the costs and expenses of such improvement over the benefits received by the land especially benefited, shall be borne and paid by the township at large. Appoiotment 5. And be U enacted^ That three commissioners shall be ew an ™to '^°^PP^^^^ by resolution or ordinance of said township take oath. Committee, €is soon as possible after the letting of the contract of said work, they shall, before they enter upon the performance of their duty, file with the township clerk an affidavit, which the said township clerk is hereby authorized to take, in which affidavit they shall swear that they are not interested in said improvements, and that they will faithfullv execute the duties of their oflice; Map showing they shall file with the township clerk a map, showing fitedtandM- what lauds are specially benefited by said improvement; sessments and each lot or parcel of land assessed for said improvement, aS^w'Vb^*™ and the amount of such assessment, and the names of filed.' the owners thereof, as far as the same are known to the said commissioners; and (if the costs and expenses of the improvement exceed the benefits of the lands speci- ally benefited,) the amount of such excess which is to be borne and paid by the township at large ; and in cases of award, the amount of damage to each lot or parcel of land, and the names of the owners thereof, as far as the same are known to the said commissioners ; but no as- Assessments or sessment or award shall be deemed defective by reason fective* hj ^^ ^f ^^y inistake in the names of said owners, or omitting reason W mis said uamos or any part of them; this map shall be filed of^^owne^™^ in the office of the township clerk, and thereafter the said clerk shall publish and post a notice in the same way SESSION OF 1875. 603 and manner, and for the same time, as he published and posted the petition for said improvement; stating that the map and report of the commissioners have been filed in his oflBce, and that the township committee will consider any objections to said asssessment, presented in writing, on or before a day named in said notice, to be fixed by said township committee, which day shall be at least ten days after the first publication, on which day the township committee will meet to consider such ob- jections ; in case the objections to the assessment are not committee sustained by them, the township committee may confirm "*y «>nfi™ such assessment, or if they refuse to confirm the same, they may return it to the said commissioners, for such amendment as may to the commissioners seem necessary, and the township committee may thereafter, without any notice to any pelrson, confirm said aaeessment, and upon said confirmation, said assessment shall constitute a lien AjuesMDents to on the property assessed for the amount of such assess- ^"*h°^ 'J^j!' ment, and shall be collected under and by virtue of an lected. ordinance or ordinances made by said township com- mittee for that purpose; and if the persons assessed neglect to pay to the township treasurer the amount of their respective assessment, within thirty days from the passage of the ordinance to collect the same, the said township committee may proceed to enforce the lien created in the manner prescribed in the act to which this is a supplement. 6. And be it enacted^ That the township committee Power to take shall have power to take lands, if necessary, for onejj^*"^^"**^ or more stairs on the hill side, east of Palisade avenue, and to build stairs of iron, wood, or other material thereon ; the costs and expenses thereof shall be assessed CoetB, expen- and collected, and the award for damages for land taken I^JTio be^ae therefor made in the same way and manner as assess- •«M«^*nd coi ments and awards are assessed, collected and made for ^ other improvements in said township provided for by this supplement. 7. And be ii eruuied, That in case any assessment for Authorized to any improvement is or has been set aside on certiorari, SJSonereTo as to all parties assessed or to some only, then all interest make new as- on the cost of said improvement, and other expenses JJhen MseBs- connected therewith, shall be included in the new assess- ments are set ment for said improvement which the township committee *'*^®* 604 SPECIAL PUBLIC LAWS. are hereby authorized to appoint commissioners to make, which commissioners shall be appointed in the Sdme way and with like duties as other commissioners for im- provements appointed under this supplement. Treasurer to 8. And be it enocted. That it shall be lawful for the ^v Und8^° township treasurer to sell, assign, transfer and convey any pu'rchlwedby term of land purchased by the treasurer for the benefit township. Qf ii^Q township, or any portion of such term for such price as the township committee may think proper ; pro- Proviso. viding, such price is not less than the tax or assessment with costs and expenses, for which the same has been sold, together with the accrued interest. Sales hereto- 9. And be it enocted, That all sales heretofore made in dared vaH® ^ covered t)V owner or occupant, as for so much money due for labor township com performed ana materials furnished by said township for m«"e«- such owner or occupants, at his request, or may be assessed as a tax on such lot, and collected as general taxes are collected. 13. And be it enacted, That every township committee- Power of mem man shall have the power, and it shall be his duty, with- JJJ^J** ™j*^^^t out warrant, to arrest or cause to be arrested, any person warrant. engaged, in his presence, in disturbing the public peace or violating any of the ordinances of said township, within the boundaries of said township, and to bring or cause such person or persons to be brought before the recorder of said township, to be dealt with according to law. 14. And be it enacted, That the township committee Township com shall, on or before the first day of May, in each year, ap- JJUfirrworSer, point a recorder, who shall receive a salary of three hun- Hnd term of dred dollars, and shall hold office for the term of one year, ^ ^ and until his successor be appointed and qualified ; that before entering upon the duties of his office he shall enter* into such bonds as the township committee shall require for the faithful performance of the duties of his office ; that he shall have all the powers in criminal matters General that justices of the peace in and for the several counties powers of re in this state now have ; and for the purpose of recovering ^ the penalty for violating any ordinance of said township, he is hereby empowered, upon oath or affirmation, maoe according to law, that any person or persons has or have been guilty of any violation of any ordinance of said township, to issue process at the suit of said township, 606 SPECIAL PUBLIC LAWS. Proviso. Moneys re- ceivea/to be paid to tredB- urei*. RepS^n either in the nature of a summons or warrant, as to him may seem most advisable, against the person or persons so violating such ordinance, which process shall, when in the nature of a warrant, be returnable forthwith ; and when in the nature of a summons, be returnable not less than five nor more than ten entire days ; such process shall state what ordinance by the defendant or defend- ants named therein has been violated, and in what man- ner the same has been violated, and on the return of such Erocess, or at the time to which the said recorder shall ave adjourned the same, the said recorder shall proceed to hear testimony, and shall determine and give judg- ment in the matter without the filing of any pleading ; the said recorder shall, if judgment be rendered for the plaintijQT, forthwith issue execution against the goods, chattels and person of the defendant or defendants ; the said recorder is further empowered to inflict fines not ex- ceeding the sum of twenty dollars, on such person or persons as shall be brought before him, and charged and convicted of vagrancy, disorderly conduct, breach of the peace or any other light offence ; or in case the fine be not paid, to order such person to be confined in the county jail for any term not exceeding thirty days ; pro- videdj in all cases where the fine or penalty shalf exceed ten dollars, there may be a trial by jury, to be conducted as in cases now triable in the courts for the trial of small causes ; and also an appeal as in all cases where an ap- peal tnay now be had from judgment in courts for the trial of small causes; said recorder is empowered to cause any person or persons who shall be found guilty of the violation of any ordinance of said township, and who may refuse or neglect to pay any penalty imposed bv reason of the same, to be sent to the workhouse for such time as he may deem proper, not exceeding thirty days. 15. And be it enacted^ That all moneys received by said recorder for fees, fines, penalties and forfeitures shall be paid and delivered to the township treasurer by such re- corder on Monday of each week ; if the defendant be found not guilty, or does not pay^ the fines imposed, the fees of the constables and jurors are to be paid by the township committee. 16. And be it enacted^ That sections eleven, thirteen, fourteen, fifteen, sixteen, eighteen, nineteen, twenty-eight SESSION OF 1875. 607 and fifty-one of the act to which this is a supplement, and all acts and parts of acts inconsistent herewith be and the same are hereby repealed. 17. AtuI be it enacted^ That this act shall be a public act and shall take effect immediately. Approved April 9, 1875. CHAPTER CCCCIX. A Supplement to an act entitled "An Act for the improve- ment of Raritan," approved April third, eighteen hundred and sixty-eight. 1. Be it enacted by the Senate a/ad General Assembly o/ Power ©f oom- the State of New Jersey, That it shall and may be the J^^"^^^^" *° duty of the commissioners of the town of Raritan, when eiftuphter a majority thereof may assent to the same, to remove or Md^her^nuf' cause to be removed, abate or cause to be abated, as saucee. speedily as possible, at the expense of the owner or owners, or person or persons found in possession of the same, any slaughter house, tallow chandler's shop, soap factory, stable, privy, hog pen, or any other place which may be, in the opinion of the majority of said commis- sioners, a nuisance or dangerous to the public health. 2. And be it eiuicted, That it shall and may be the duty To prohibit of the commissioners to prohibit any practice having a of^a^mau"*"*^ tendency to annoy any person passing upon the streets or sidewalks, or to frighten any animal secured upon, driven or led through the streets of said town. 3. And be it enacted^ That it shall and may be the duty May license of said commissioners to license cartmen, hackmen,dfer8.*"*^ auctioneers, common criers, hawkers, peddlers and junk- shop keepers, and to fix the rate of compensation to be allowed to them, and to prohibit unlicensed persons from acting in such capacity* 4. And be it enacted. That this act take effect immedi^ ately. Approved April 9, 1875. 608 SPECIAL PUBLIC LAWS. CHAPTER CCCCX. Unlawful to sell any Hpiritnone or malt Hqnora, without liceose. Penalty for soiling malt liqucrs, with- ont license. Penalty for seiiin^ spiritn- 008 liquon, without license. Suits for viola tion of ordi- nances, how conducted. A Supplement to an act entitled "An Act to revise and amend the charter of the city of Elizabeth," approved March fourth, A. D. one thousand eight hundred and sixty-three, and the several supplements thereto. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall not be lawful for any person or persons in the city of Elizabeth, to sell any malt, fermented, vinous or spirituous liquors of any kind in said city, or to occupy or use any saloon, res- taurant or otl^er building or place in said city, for the sale of malt, fermented, vinous or spirituous liquors of any kind, without first taking out a license therefor, from the board of excise of said city ; and any person or persons in said city who shall sell malt, fermented or vinous liquors of any kind, or who shall occupy or use any saloon, restaurant or other building or place in said city for the sale of malt, fermented or vinous liquors of any kind, without first taking out such license, shall upon conviction thereof, before any police justice of said city, for every such offence, be liable to a fine of twenty dollars besides costs of suit ; and any person or persons in said city, who shall sell spirituous liquors of any kind, or w^ho shall occupy or use any saloon, restaurant or other building or place in said city for the sale of spirituous liquors of any kind, without first taking out such license, shall upon conviction thereof, before any police justice of such city, for every such ofience, be liable to a fine of forty dollars besides costs of suit ; such suits shall be conducted in the same man- ner as suits for the violation of ordinances of said city are conducted, and all such fines when collected, shall be paid to the treasurer of the city of Elizabeth, and by him placed to the credit of the poor and alms account of said city ; and it shall be the special duty of the police department of said city, to enforce the pro- SESSION OF 1875. 609 visions of this act ; provided, that this act shall not apply Proyiao. to druggists or grocers, who sell such liquors or any of them for medicinal purposes or in large measures. 2. And be it enacted^ That this act shall take effect Repealer, immediately, and be deemed and taken to be a public act, and that all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby re- pealed. Approved April 9, 1875. i CHAPTER CCCCXI. An Act to amend an act entitled '' Afurther supplement to an act entitled ' An Act to revise and amend the charter of the village of South Orange, in the county of Essex, and the several supplements thereto,' " passed March twenty-fourth, one thousand eight hundred and seventy-five. 1. Be it bnactbi) by the Senate and OenercU Assemhly o/AmeodmeDt the State of New Jersey, That the further supplement re- ferred to in the title of this act, be and the same is hereby amended, bv striking from the third line of the fifth section of the same. (as. prints), the words ''this act," and inserting in lieu tnereof the words " the act to which this is a further supplement;" and that this act shall take efiect immediately. Approved April 9, 1875. 610 SPECIAL PUBLIC LAWS. CHAPTER CCCCXIL An Act to authorize the Mayor and Council of the city of Hoboken to issue and sell Hoboken City Bonds for the purpose of building a school house in said city, and for other purposes. ^uncHem ^' ^^ ^'^ ENACTED by the Senate and Oeneral Assembly of powered to the Stoie of Ncw Jerseyy That it shall be lawful for the and to^Mifihe ^^y^^ ^^^ council of the city of Hoboken to issue regis- same. tered or coupon bonds under the corporate seal of said Atoount. city and the signature of said mayor for the sum of forty thousand dollars, in such sums and payable at such time or times not exceeding fifteen years, as they may deem expedient, bearing interest at a rate not exceeding seven per centum per annum, payable semi-annually, and to pledge the property and credit of said city for the pay- ment of the same ; which said bonds it shall be lawful for the said mayor and council, their successors and as- signs, to sell and assign, and for any vendee or assignee Proviao. to purchase and hold ; provided, that the said bonds shall not be sold by said mayor and council for less than ninety-seven per centum of the value thereof; and that said mayor and council shall give at least ten days' notice by advertisement in at least two newspapers to be desig- nated by the council of the time and place at which sealed proposals will be received for the purchase of such bonds, and that such bonds shall be sold to the highest bidder or bidders. Proceeds to be 2. And be it enoctedy That the net proceeds of the said e^^n*Sra* bouds to an amount not exceeding thirty-two thousand school house, dollars, shall be applied to the payment of the cost of the thepnroha8e'nti« of town charge of all the records, books and documents of the^®"" ' town, except when the board of councilmen shall other- 614 SPECIAL PUBLIC LAWS. wise direct; he shall keep a record of the proceedings of said board of councilmen ; he shall engross all the or- dinances of the board in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and such ordinances shall be signed by the chairman or acting chairman of the board and such clerk; copies of all papers filed in his office and transcripts thereof, and all the records and proceedings of the board of councilmen, and copies of the laws and ordinances of said board, certified by him under the corporate seal of said town, shall be evidence in all courts and places, and for neglect or refusal, he shall be liable to the pains and penalties prescribed by the laws of the state governing townships ; and he shall receive in full compensation for his services an annual salarv, the amount of which shall be designated by the said board of councilmen. 5. And be it enacted, That the board of councilmen of said town shall have power to pass, enforce, alter and re- peal ordinances within said' town for the following pur- poses, to wit : to ascertain the boundaries of all streets, roads, avenues and public places in said town, and to pre- vent and remove all encroachments thereon ; to provide for the repairing and cleaning of all sidewalks, streets, roads, avenues, sewers and drains and public places ; to declare what shall be nuisances in lots, streets and other public places in said town ; and to provide for the abate- ment, removal or sale, or other disposition of such nuis- ances ; to provide for the impounding, sale or destruction of animals running at large in said town ; to regulate and prohibit interments within the limits of said town; Use of s'reeto. to regulate the use of streets and public places by foot passengers, animals and vehicles, and to prevent their use for any other purpose than public travel ; to regulate and prevent the use of fire arms, fire works, and deton- ating works of all descriptions within the limits of said town ; to provide for the collecting, the cost of cleaning and repairing sidewalks, curbs and gutters, and interest on sucn cost from the owner or owners of such lots in front of which such cleaning and repairing may be done, and for assessing such cost and interest upon such lots as Rusingof a. tax or assessment; to provide for the raising of a sum money. not to excood One thousand dollars in each year for the Potrerto pass, alter, and re- peal ordioan- ces. To asoertain boundaries of streets. ToTeinoTenni- sanoM. Anioials ran- niDf( at large. Fire works. Collection of costs of side- wattis. SESSION OF 1875. 615 purpose of defraying the incidental expenses incurred by tne provisions of this act. 6. And be it enacted. That whenever any sale or real Power to order estate for unpaid taxes or assessments shall be ordered by JJJate^foJ*' the said board of council men, after conforming to the unpaid taxes, eleventh section of the original act incorporating the****"™^- town of Guttenburg, in the county of Hudson, in giving the required notices and advertising such sa^le ; said sale may be adjourned or postponed from time to time or sus- pended, as the said councilmen may direct; provided, erovko, that if at any sale of lands, tenements or real estate for assessments, the whole or any part thereof shall remain unsold for the want of purchasers, then it shall be lawful for the said councilmen to adjourn the said sale for not less than thirty days nor more than sixty days; twenty days' notice at least shall be given of said adjourned sale, and if at said adjourned sale there should be no pur- chasers for said lands, tenements or real estate, or any part thereof, then it shall be lawful for the treasurer of said town to purchase the said lands, tenements or real estate for the benefit of the town, subject, .nevertheless, to the same right of redemption as is provided for in the said eleventh section of the said original act as aforesaid; and it shall be lawful for the said councilmen of said town to sell, assign, transfer and convey any term in said land purchased for the benefit of said town as aforesaid, or any portion of such term for such price as said councilmen may think proper; provided also, that in case the lands, Provieo. tenements or real estate so sold as aforesaid, should be re- deemed by the owner or mortgagee thereof, the rate of interest required for said redemption shall be twelve per cent, per annum in lieu of ten per cent, as originally provided for. 7. And be it enactedy That corner lots and all irregular ^®™*r^^ pieces or parcels of land shall be assessed for street im- ^^^ provements, according to benefits received. 8. And be it enacted, That a complete record of all assess- Record of as- ments shall be kept in the town clerk's oflBce, which record ^^®°*'' *^ shall contain the time when such assessments were made, the time when they were paid, and if the property had been sold therefor, the time of said sale, and to whom sold, and if redeemed, when and by whom ; it shall be the duty of the town clerk to record in a book to be called 616 SPECIAL PUBLIC LAWS. Record of the record of sales, all declarations of sale, and to give 8ni€«,to be certificates of search in relation to liens, to any person or persons applying for the same, and to cancel such decla- rations when the property for which they were given shall be redeemed on the certificate of the town treasurer of such redemption, and to file such certificate in the said clerk's oflSce ; it shall be the duty of the treasurer, to make out two certificates on property redeemed, one for the person redeeming, and one to be filed in said clerk's office ; the clerk and treasurer are hereby authorized to charge and to collect a sum for such service as the town council may, by ordinance, regulate ; and the said board Power of of councilmcu shall have power to issue certificates of improvemSit^ improvement payable in one year or more, at their dfs- certificatea. cretion, with legal interest to the amount of seventy per centum of work done on any street improvement, when certified as correct by the surveyor in charge of said work ; and when the contract is fully completed, and the work is accepted by the said board of council men, they may issue a final certificate for the balance due ; and when the assessment for any street improvement hereto- fore made, or hereafter to be made, is payable, the trea- surer of the town, or other officer duly authorized to collect and receive such assessment, is hereby authorized, and it shall be his duty to receive, any improvement certificate oflfered to him in payment of such assessment ; ProviBo. provided, the same is issued on the line of such improve- ment where the payment is to be made, and all certifi- cates for street improvements heretofore issued by the councilmen of the town of Guttenberg are legalized, and made binding on the town. Power of 9- -4nd be it enadedy That in case any certificate or cer- h^*? *^ *??^ tificates heretofore or hereafter to be given for the work seirthesame^ ou any Street or avenue shall become due before the as- sessment for said street or avenue improvement is col- lected, the said board of councilmen shall have power to issue coupon bonds payable, in not exceeding ten years, and not less than three years, and redeemable at the pleasure of said board of councilmen, by their publish- ing sixty days' notice when and where such .bonds will be redeemed, and all interest thereon shall cease after the date named in such notice ; and said board shall have power to sell and negotiate said bonds at a rate or price L SESSION OF 1875. 617 not less than ninety-two per centum of the par value of said bonds ; and that the costs and expenses of issuing said bonds and negotiating the same, shall be charged and be a lien on the lands of those persons who are de- linquent in the payment of their said assessments. 10. And be it enacted, That the said second section of Amendment, an act entitled " a further supplement to an act to incor- porate the town of Guttenburg, in the county of Hudson," approved February twenty-eighth, one thousand eight hundred and sixty-eight, be and is hereby amended by striking out the words six hundred dollars, and inserting in lieu thereof one thousand dollars ; and that all the road money annuallv raised within the limits of the town ^°^f,^J^*^p^{^^ of Guttenburg, shall be paid over when collected by the and how ex collector of the township of Union, to the treasurer of p*°^^* the town of Guttenburg ; and the councilmen of the said town of Guttenburg shall expend said road money paid over to their treasurer for the repairing and keeping in order the public roads within the limits of said town, and for no other purpose whatsoever. 11. And be it enacted, That no ordinance, assessment No ordinance, or proceeding, of the councilmen of said town shall be J^^tTs^de^on set aside on certiorari, by reason of the return to said certiorari, certiomri, failing to show that all the requirements of the town charter have been complied with, but after the filing by the prosecutor of the reasons in certiorari, the clerk of the said town may make a further return to said writ of certiorari, stating such additional facts as he may be advised are proper and necessary to state, in • answer to any of the said reasons ; and said town may take proofs with reference to said facts, and if the same are established to the satisfaction of the court, then the court shall affirm the ordinance, assessment or proceed- ing in question, the same as if such facts had properly appeared in the minutes, records and proceedings of said councilmen ; whenever any assessment is set aside, the said councilmen may appoint new commissioners to make a new assessment. 12. And be it enacted, That no certiorari shall be allowed When writ of or granted to set aside any ordinance for any improve- {^^e^^iow^ ment in said town, after the contract therefor has been awarded by the councilmen of said town, and no cer- tiorari shall be allowed or granted to set aside any assess- 40 618 SPECIAL PUBLIC LAWS. ment for any improvement in said town, after three • months shall have elapsed from the date of the confirm- ation of said assessment, by the councilmen of said town. Asseninent to 13. And be U enoctedj That in case any assessment for Sticre"?^.**^ any improvement is set aside on certiorari, after a por- senmeDtuset tion of the Said assessment has been collected by the aaide. corporate authorities of said town, that in that case all sums of money so collected shall be refunded and paid to the owners of the lots or parcels of land so assessed, and upon which said payments were so made ; and the ^*^t for?" ^^^ assessment for said improvement shall be made provemeDt,to without any reference to the fact that any sums of money be made. have heretofore been paid under the said assessment so set aside on certiorari ; the sums herein provided to be refunded shall be paid out of the first sums of money collected under the new assessment for said improve- ment. Dntiee of 14. And be it enadedf That the treasurer shall receive treasHrer. ^^l monoys Collected by said corporation, from the per- sons who shall collect the same, and shall pay out the same, only upon warrants from the councilmen, signed by their chairman and countersigned by the town clerk, except for the payment of the bonds of the town and certificates of indebtedness for improvements given by said corporation, and interest on the same, and money paid into the treasury for the redemption of property sold lor taxes and assessments, and no warrants on the treas- . urer shall be drawn, except in pursuance of an order of the councilmen, passed at a stated meeting and entered on their minutes ; all such warrants shall be made and numbered, payable to the order of the person or persons to receive the same, and shall specify tor what purpose the amount therein mentioned is directed to be paid ; and the treasurer shall keep accurate books of account of all moneys received ana disbursed by him, and fur- nish abstracts of such accounts to the council at any time at their request. Offioera to {my 15. And be U enacted, That all moneys received by an JJJ^J^y**^*™"" officer or agent of the town which should be paid into the town treasury shall be delivered to the treasurer by such officer or agent within ten days after he receives the same, together with a written statement under his SESSION OF 1875. 619 hand of the amount so paid, and the person or persons from whom such officer or agent received the same, * and showing also on what account such money was received. 16. And be it erutded, That the couhcilmen shall at Annnai 8tat«- least once a year, not more than twenty, nor less than ^tp|e**Rnd%x- fifteen days before the annual town election, publish penditures, to a full statement of all the receipts and expenditures °® P"b*>**»«*- of every description for the fiscal year preceding such statement, including all the moneys which have passed through the hands of the treasurer for any purpose whatever, together with the different sources of revenue and the amount received under each, with all such other information as may be necessary for a full under- standing of the financial concerns of the town. 17. And be it enacted, That a penalty not exceeding Penalty for a fine of fifty dollars, or ten days imprisonment in ^^^^ ^^j!**^^* township or county prison shall be imposed for the violation of any ordinance of the councilnien, which fine and penalty may be imposed by one of the justices of the peace of Union township, who shall be appointed by the councilmen for that purpose, and he shall be invested with the same powers and authority to enforce the ordinances of the councilmen as the recorder of the town of Union in this county now has, and for the performance of said duties said justice of the peace shall receive the same fees and costs as are allowed to justices of the peace by the laws of this state, and he shall keep a true record of all such proceedings in a book provided for that purpose ; and that all acts and parts of acts Sepeaier. inconsistent with this act, be and the same are hereby repealed ; and this shall be a public act and take effect immediately. Approved April 9, 1875. 620 SPECIAL PUBLIC LAWS. CHAPTER CCCCXV. A Supplement to an act entitled "An Act to authorize the President and Directors of the Trenton Water Works to convey their works and franchises to the City of Trenton, and to provide for the management of said works." CommiMion- J, Be IT ENACTED by the Seiiote and General Assembly of wateiMnatna or the State of New Jersey, That whenever the owners of a pipee without majority of runninff feet, on the sides of any street or limits of city • •/ o ' »/ ^ upon petiiion scction of a strcct, in the city of Trenton, or without the ma'o^rtvof^^ limits of said city in the county of Mercer, in which no ruimin/feet. Water pipcs OT mains shall have been laid, shall petition the board of water commissioners that pipes may be laid in said street or section of a street, the said board of commissioners may, in their discretion, lay such pipes or mains, and take means to secure the payment each year of a sum equivalent to the interest upon the expense of May enter into such work ; they may enter into contracts with the owilere ^to*8e^ petitioners or owners to secure the payment of said interest cure payment, Until the receipts from water rents on that street or section owners. ***^ of a Street shall equal the interest at nine per centum per annum on said expense; or they may assess upon the J owners on both sides of said street or section of a street a sum, each year, equal to said interest, said assessment not to exceed the actual benefit to the property of each owner resulting from the laying of such pipe or main, and not to exceed the sum of six cents per foot of the distance along said owners* property. ^!snr u*be ^' ^^^ ^^ ^ enacted, That the report of the said assess- fiieaTaud To be mcnt shall be filed by the said board in the office of the a lien on pro- Q^^y clerk, and shall be a lien upon the properties assessed ^' ^ against and shall be collected by suit as a debt to the said board. 3. And be it enacted. That this act shall take effect immediately. Approved April 9, 1875. SESSION OF 1875. 621 sion uct CHAPTER CCCCXVI. An Act to provide for the continuation of the Ravine road sewer in the city of Jersey City and city of Hoboken. 1. Be it enacted by the Senate and General Assembly o/Appointiwnt the State of New Jersey, That immediately after the ap- e^'io'^onsi.-u proval of this act the mayor of Jersey City with the con-a»ewer. sent and approval of the board of aldermen of said city, shall appoint two commissioners, being freeholders and residents of said city, and the mayor of the city of Hobo- ken, with the consent of the council of said city, shall appoint two commissioners, being freeholders and resi- dents of said last mentioned city, to construct a sewer commencing at the outlet' or termination of the Ravine road sewer in Jersey City, thence to a convenient point in the city of Jersey City, where the said sewer can be con- nected with one of the sewers now built and established in the said city of Jersey City. 2. And he it enacted. That the said commissioners shall Commission have pow^er to employ a competent surveyor and engineer, ^int sur^ and to designate one of their own number as treasurer of ^^^or, ami ,, •!•• iin • J 1 -I Other airentB. the said commission, who shall receive and pay over all the moneys arising from the building of said sewer, and give bonds, before entering upon the duties of his office. Treasurer to to the mayor and council of Jersey City, in its corporate ^*^^ ^^°^* name, in the sum of twenty thousand dollars, with such freehold security as the said the mayor of Jersey City may approve, for the faithful performance of his duties, and such other agents and officers as they may deem necessary, and make or cause to be made a map or maps Maps and de of the proposed route of the said sewer and file a copy of mrje^of 'routT the same In the offices of the clerks of the city of Jersey ««>d ^o^^k. City and city of Hoboken ; cause descriptions and speci- fications of the work or any part thereof to be prepared ; advertise for proposals to perform said work or any part thereof, all advertisements for proposals to be inserted in 622 SPECIAL PUBLIC LAWS. at least two newspapers printed and published in each of the cities of Jersey City and Hoboken for a period of two Power of com- weeks ; issue improvement certificates in their own names i88«S*imp?ove- ^^^ payment therefor, therein and thereby pledging tke ment certifi- faith and credit of the said cities of Jersey City and ^^^' Hoboken respectively, payable in such times as they may therein designate, not exceeding two years from the date of issue, bearing interest at the rate of seven per centum from the date of issue ; take bonds with suificient sureties from any officer, agent or contractor employed by said commissioners, for the faithful performance of any duty or work entrusted to them ; and generally to do every act and thing necessary to construct the said sewer. ^.Y^jt^fon, 3. And be it enacted, That it shall be lawful for the said All I&Dq8 6F60l buildings, and commissioucrs, their agcuts or engineers or others in their R^^icivfttr'^'^P^^y' ^ enter upon all lands for the purpose of sur- lands, for the veyiug, leveling and laying out the route of such sewer, sewer"^ ^^ ^ shall be found necessary, and of locating the same ; and to erect all necessary works or buildings, doing no unnecessary injury to private or other property; and when such route shall have been determined upon, and a survey thereof filed as aforesaid, then it shall be lawful for the said commissioners by any of its officers, agents, engineers, contractors, workmen and other persons in their employ to enter upon, take possession of, hold, have and use, occupy and excavate any such lands, and to do all necessary work and erect all necessary structures for the building of said sewer, subject to such compensation Proviso. as hereinafter provided ; provided always, that the paj'-- ment or tender of payment in said improvement certi- ficates issued as aforesaid, of all damages for the occupa- tion of land through which said sewer may be laid, be made by the said commissioners before they enter, or any Eerson under their direction or employ shall enter, or reak ground on the said lands, except for the purpose of surveying and laying out the said sewer, unless the con- sent of the ow^ner or owners of such land be first had and obtained. Proceeding in 4. And be it eoocted, That when the said commissioners case cominia- . • , i . i i? i_ • i sioners cannot cauuot agree With the owner or owners of such required a^ree with lands, for the use or purchase thereof, or when by reason owfiprfi lor use « « or paro'hase of of the legal incapacity or absence of such owner or lands. owners, no such agreement can be made, a particular SESSION OF 1875. 623 description of the land so required for the use of the said commissioners in the construction of the said sewer, shall be given in writing, under the oath or affirmation of some surveyor of the commissioners, and also the ^ name or names of the occupant or occupants, if any there be, and of the owner or owners, if known, and their residence, if the same be ascertained, to one of the justices of the supreme court of this state, who shall cause th^ said commissioners to give notice thereof to the persons interested, if known and in this state, or if unknown or out of the state, to make ptiblication thereof as the said justice shall direct, for any term not less than six days, and to assign a particular time and place for the appointment of the commissioners herein- after named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint three disinterested, impartial and judi- cious freeholders, not resident in either the said cities of Jersey City and Hoboken, commissioners to examine and appraise the said lands and to assess the damages, upon such notice to be given to the persons interested, as shall be directed by the said justice, to be expressed therein not less than six days ; and it shall be duty of the said commissioners, having first taken and 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 proceed to view and examine the said lands, and to make a just and equita- ble estimate or appraisement of the value of the same and an assessment of damages, to be paid by the said commissioners as aforesaid, for such lands and damages aforesaid ; which report shall be made in writing, under the hands and seals of the said commissioners or any two of them, and filed within ten days thereafter, to- gether with the aforesaid description of the lands, and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county of Hudson, to remain of record therein ; which report, or a copy thereof, certi- fied by the clerk of said county, shall at all times be considered as plenary evidence of the right of the said commissioners to have, hold, and use the said land, or of the said owner or owners to recover the amount of the ' 1 624 SPECIAL PUBLIC LAWS. said valuation, with interest and cost, in an action of debt, in any court of competent jurisdiction, in a suit to be instituted against the said commissioners, if they, as such commissioners, shall neglect or refiise to pay the same in manner aforesaid for twenty days; and the said justice of the supreme court shall, on application of either party, and on reasonable notice to the others, tax and allow such costs, fees and expenses to the justice of the supreme court, commissioners, clerk and other persons performing any of the duties prescribed in this section, as they or he shall think equitable and right, w^hich shall be paid by the said commissioners. CommiMion- 5. j^nd be it enacted, That on the completion of said era to file mnp .i ••in . Bhowiiig area scwcr the Commissioners shall cause an assessment map of land to be made showing the area of land drained by said draicou aod ^ specially bene-scwer and Specially benefited thereby, and on the fit«J- completion of said map shall file a notice thereof with one of the justices of the supreme court, who thereupon wSToaMeM s^^^l appoint three impartial and judicious freeholders, costs aud ex- uot residents of the cities of Jersey City or Hoboken, to appointeJT^ apportion and assess the costs and expenses incurred in the construction of said sewer upon the real estate specially benefited by the construction of said sewer, and the said freeholders having made and finished the Copies of as- assessment lists of said sewer, shall file a copy of the m^TTobr*' same with the maps and all necessary documents with a filed.* justice of the supreme court, they giving notice of the filing of said assessment map and lists to all parties interested in the same by advertising or otherwise as Justice may they may deem proper, and the said justice of the mJlft'i'lind*"^*^ supreme court shall hear and determine all objections to order collection the Confirmation of said assessment : confirm said assess- 0 same. meut and order the collection of the same by the com- missioners having charge of the construction of said sewer. Compensation 6. And be it enocted, That the said commissioners shall be ere^®"""^**^*^"" entitled to receive such compensation for their services as shall be fixed by the board of aldermen of Jersey City and J council of the city of Hoboken, to be paid in improvement certificates by the treasurer of the said commission, upon a warrant signed by the said commissioners and issued upon the filing of the certificate of the engineer in charge *" of the said work as aforesaid, and the treasurer of the i SESSION OF 1875. 625 said commission shall receive, in addition to the above Compensation compensation, the sum of two hundred dollars, to be paid**^ treauurer. at the time and in the manner aforesaid. 7. And be it enacted, That should the costs of construct- Exc«« of coat ine; said sewer exceed the amounts assessed upon the real **^ ^'^"•*''''*^*^°^ '111 r»jii 1 1 1 ' t n t 1 t *<*^cr over estate specially benefited thereby,, then the said freehold- aniount as- ers shall cause such excess to be equitably divided ai^d^j^^^^/?^*^ charged to the cities of Jersey City and Hoboken, which Jen«eyCitv said cities shall cause such proportion so charged to them ""** Hoboken. to be paid out of the contingent funds of said cities. 8. And be it enacted. That said assessments shall be aAssowmenta.to lien upon all the real estate which shall be assessed for^®***®"- benefits arising from the construction of said sewer, and all assessments remaining unpaid for three months after AeseesmenJs, to the confirmation thereof shall bear interest at the rate of draw interest, eight per centum per annum from the date of said con- firmation, and the commissioners shall give due notice to Notice to be all parties interested of the confirmation of said assess- I^^P^^^*^' ment by advertising the fact of said confirmation in two of the newspapers published in the cities before men- tioned and giving notice when said assessments w411 be due and receivable. 9. And be it enacted, That within eighteen months after Report of re- the confirmation of said assessments, the said commis-j'«p<8«n<* »«»««*^ ments in the matter of said assessment, with a list of all filed."' ^ unpaid assessments, with the comptroller of Jersey City, who shall proceed to collect said unpaid assessments in Unpaid assess. the same manner as is provided for in like cases in the ^^[^^'J^®^ charter of Jersey City, and on the filing of such report all further duties as commissioners on said sewer shall cease and determine. 10. And be it enacted, That this act take effect imme- diately. Approved April 9, 1875. 626 SPECIAL PUBLIC LAWS. Repealer. May elect one additional member of board of trus- iee0* Treasurer exofficio, a member. Delegate enti- tled to all privileges. CHAPTER COCCXVII. A Further Supplement to an act entitled "An Act to in- corporate the firemen of the city of Elizabeth," ap- proved March twenty-fifth, one thousand eight hundred and si xtV' three. 1. Be IT ENACTED by tJie Senate and General Assembly of the State of New Jersey j That so much of the fifth section of the supplement to the above act, which supplement was approved April fourth, one thousand eight hundred and seventy-one, as authorizes the secretary of the board of representatives annually to designate the place where the exempt firemen shall meet to hold their election be and the same is hereby repealed. 2. And be it enacted^ That the exempt firemen^s associa- tion shall in addition to the three members of the board of representatives now allowed by law, be entitled to elect annually one additional member of the board of trustees, who shall hold his office for the term of one year, or until his successor is duly elected. 3. And be it enacted^ That the treasurer of the fire department of the city of Elizabeth, shall be ex-officio a member both of the board of representatives and the board of trustees. 4. And be it enacted, That the delegate elected by the board of trustees to the board of representatives, shall be entitled to all the privileges of tne other members of said board of representatives. 5. And be it enacted^ That this act shall be deemed a public act and shall take effect immediately. Approved April 9, 1875. I SESSION OF 1875. 627 CHAPTER CCCCXXX. A Further Supplement to the act entitled "An Act to provide for the more eflBcient government of the city of Paterson," approved March twenty-third, eighteen hundred and seventy-one. 1. Be it enacted by the Senate and General Assembly ofT^nes remain- the State of New Jersey, That upon all taxes hereafter jJllfeoTdrkw assessed in the city of Paterson, and which shall remain mtoreet. unpaid on and after the third Monday in October of the year in which the same shall be assessed, interest at the rate of twelve per centum per annum, from the said third Monday of October until the payment thereof, shall be charged and added to the amount of such taxes ; and on the third Monday of February thereafter, a penalty of five per centum shall also be added to the amount of such taxes then remaining unpaid; the said interest and loiereet and penalty shall be a lien upon the property assessed to the j?«°*^*y *<> *>® ' same extent that such taxes constitute a lien, and shall be collected in the manner provided by law for the collection of said taxes ; and no other or further interest or penal- ties on such taxes shall be charged or collected. 2. And be it enacted, That all acts and parts of acts incon- Repealer, sistent with or contrary to the provisions of this act, so far as the same are contrary to or inconsistent with this act, be and the same are hereby repealed ; and this act shall take effect immediately. Approved April 9, 1875. 628 SPECIAL PUBLIC LAWS. CHAPTER CCCCXXXI. An Act to facilitate the collection of school tax in the township of Randolph, in the county of Morris. 1 Preamble. Money, by whom aa sessed, and •oUected. Whereas, In the year of our Lord one thousand eight hundred and seventy-three, a special school tax was levied upon property, both real and personal, in the said township of Randolph, for the building of a new school house in school district number three, in said township, a portion of whicli property was in a part of said township, which was not then and is not now in said district number three, and another portion whereof was and is now in a part of said township, which was, in the year one thousand eight hundred and seventy- three, set off and incorporated into a new school district, number seventy-one; and whereas, the Ironia Land Im- Erovement Company, Eleazer L. Skellenger, George W. ►ouglass, Nathan Heldebrant, John Bross, Salmon Cory, Dorastus Cory, John Gordon, John Olmstead, Charles E. Clark, Stuart Hopkins,' Charles Stroud, Charles Latti- more, M. N. Tucker, Theron E. Stephens, J. B. Corwin, George C. Bonnell, Dorastus L. Bryant, Edmund Can- field and Robert Henderson were taxed on such pro- perty, and it is not equitable nor just that they should f)ay such tax, and it is right that they should be re- ieved therefrom ; and v^hereas, it is desired that said tax be raised by assessment upon the taxable property in said school district number three ; now, therefore, 1. Be IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the assessor of the said town- ship of Randolph shall assess in the year one thousand eight hundred and seventy-five on the inhabitants of said school district number three, and their estates in said school district number three, and on the taxable property in said school district number three, in the same manner as township taxes are assessed, the sum of money to which said taxes which have been so assessed as aforesaid, { i SESSION OF 1875. 629 amount ; and said money shall be assessed, levied and collected in the time and in the manner that other town- ship moneys are assessed, levied and collected ; and it shall be the duty of the collector of said township to pay collector to over all moneys by him received, which shall have beenP^y®^®"^ assessed as aforesaid, under the authority of this act, on the order of the district clerk of said school district num- ber three; provided however y that none of the persons ProviBo. within said present school district number three who have already paid the special tax heretofore assessed for building said new school house in said present school district number three, shall be again assessed by virtue hereof for the same purpose. 2. And be it enacted, Tliat the said assessments made in AseessmeotB the year one thousand eight hundred and seventy-three a^*"oid°^* upon the parties and persons named in the preamble to this act, be null and void. 3. And be it enacted, That this act shall take efifect im- mediately. Approved April 9, 1875. CHAPTER CCCCXXXII. An Act to fix the salaries of Prosecutor of the Pleas of the counties of Cumberland and Cape May. 1. Be it enacted by tlie Senaie and General Assembly o/ salary of the State of New Jersey, That the salary of the prosecutor PJ^Jf^^^^. of the pleas of the county of Cumberland, in this state, iwid county, shall be twelve hundred dollars per annum, which sum shall be paid to him in quarterly installments, on the first Tuesdays of April, July, October and January, in each year, by the collector of said county, and shall be in lieu of the fees now received by him ; and the said fees p^^ how said prosecutor is now entitled by law to receive, shall betaxei, and by taxed in all bills of costs the same as are now taxed, and J^°™ ^' ^' shall be collected by the sheriff of said county of Cum- berland, and be by him paid over to the collector of said county for the use of said county. 630 SPECIAL PUBLIC LAWS. Fees, how taxed. Salary of 2. And be it enacted, That the salary of the prosecutor pleaTcape^^ ^^ ^^® pleas of the county of Cape May, in this state, May county, shall be three hundred dollars per annum, which said sum shall be paid to him by the collector of said county of Cape May at the times mentioned in the first section of this act, and shall be in lieu of the fees now received by him ; and the said fees which said prosecutor is now entitled to receive, shall be taxed in all bills of costs the same as are now taxed, and shall be collected by the sheriff of said county of Cape May, and be by him paid over to the collector of said county for the use of said county. 3. And be it enacted. That all acts and parts of acts, inconsistent with the provisions of this act, be and the same are hereby repealed. 4. And be it enaded, That this act shall take effect im- mediately. Approved April 9, 1875. Repealer. < ( First aeotioo amended. Amendment CHAPTER CCCCXXXIII. An Act to amend an act which was approved on the twelfth of March, eighteen hundred and seventy-four, entitled "A Further Supplement to the act entitled 'An Act to revise and amend the charter of the city of New Brunswick,'" approved March eighteenth, eigh- teen hundred and sixty-three. 1. Be IT ENACTED by the Senate and Creneral Assembly of the State of New Jersey, That the first section of the act which was approved on the twelfth of March, eighteen hundred and seventy-four, entitled "A Further Supple- ment to the act entitled 'An Act to revise and amend the charter of the city of New Brunswick,' " approved March eighteenth, eighteen hundred and sixty-three, be and the same is hereby amended so as to read as follows : 1. Be IT ENACTED by the Senate and General Assefmbly of the State of New Jersey, That in order to provide means i SESSION OF 1875. 631 for the construction, repair, operation and management of the water works of the city of New Brunswick, and the proper expenses incident thereto, the water com- missioners of the city of New Brunswick may assess and collect water rates and taxes, yearly and every year, upon all lots of land and buildings which shall be situated on any street, lane, square or avenue in which their dis- tributing pipes shall be laid ; that the rates so to be assessed shall be laid upon all property in proportion to the benefit it shall be deemed to receive, ana shall be adapted to the various uses made or to be made of the water ; and that such assessments shall be collected from the owners or occupants of such lots or buildings, whether the water shall be used thereon or not, altering and adjust- ing the said assessments from time t-o time, so that, with the other provisions of this act for income, they shall meet the expenses of repairing, maintaining and extend- ing their works; that the said assessments shall be entered in books to be kept in the office of the said commissioners, to be designated "Books of assessments of water taxes," which book shall at all times be open to Eublic inspection, and a transcript thereof, under the and and seal of the president or secretary of the board of commissioners, shall be conclusive evidence of such assessments ; that when the said assessments shall have been so entered, they shall, together with all interest to accrue thereon, and all costs and expenses of collection, be and remain liens upon the several pieces of property on which they shall have been charged, and that when paid satisfaction thereof shall be endorsed across the record of such liens in the said books, and a transcript of such entry of satisfaction, under the hand and seal of said president or secretary, shall be sufficient evidence that such liens have been paid and satisfied. 2. And be it furiher enacted, That this act shall take eflFect immediately. Approved April 9, 1875. 632 SPECIAL PUBLIC LA.WS. CHAPTER CCCCXXXIV. A Supplement to "An Act for the transcribing of certain % deeds and other oflScial records relating to lands now in the county of Passaic," approved February twenty- seventh, eighteen hundred and seventy-three. iJoard may ap- 1- Be IT ENACTED by the Senate and General Assembly of pw to secretary ^/i^ State of New Jersey, That the board of chosen free- tranJcrlpt^of holders of the county of Passaic may apply to the secre- deeds. tary of state of the state of New Jersey, if they prefer, instead of to the surveyor general of East Jersey, for transcripts of all deeds, partitions and conveyances now on record in the volumes formerly in the surveyor general's oflSce at Perth Amboy, but now in the office of Provisions of the Secretary of state at Trenton ; and the provisions of act to apply, ^j^^ ^^^ ^^ which this is a supplement, shall apply to the 1 transcribing of deeds from the records in the secretary of state's office the same as to the transcribing of deeds from the records in the other offices mentioned in said act. Amendment. 2. And be it enacted, That the third section of said act shall be amended by striking out the words "and Avhich are uncancelled of record," after the words "one thousand eight hundred and thirty-seven." Power of 3. ^nd be it enacted. That in all cases of title to any transcript*©"*^ land and real estate in the county of Passaic, by settle- wiiu, to be ment, devise, descent or otherwise, and not specifically mentioned in any of the provisions of the act to which this is a supplement, it shall be lawful and proper for said the board of chosen freeholders of the county of Passaic, to order and cause such and so many of the wills and other records and files in the offices, respectively, of the surrogates in the counties of Essex and Bergen, and else- where, to be so transcribed as shall be requisite and necessary to constitute and make a full and complete record of any and all titles to land and real estate in said county of Passaic, in the offices, respectively, of the clerk and surrogate of said county, which transcripts shall be i SESSION OF 1875. 633 certified in the same manner as the transcripts of con- Transcripts veyances, as required by the act to which this is a supple- ^®j^*J^*® *^® ment, and shall be evidence of the facts therein stated or contained, in the same way and manner, and to the same extent as the original bookj and papers from which such transcripts were rHade, or copies certified by the officers respectively, in whose custody such original books and records are kept, would be, if produced and used in lieu thereof, for the same object or purpose. 4. And be it enaded, That this act shall take effect im- mediately. Approved April 9, 1875. CHAPTER CCCCXLV. A Supplement to an act entitled " An Act to reorganize the local government of Jersey City," passed March thirty-first, one thousand eight hundred and seventy- one. 1. Be it enacted by the Senate and General Assembly of justice of ihe Stale of New Jersey, That in case any work has been "npreme court done or materials have been furnished for the improve- refel^^in case ment of New Bergen road from Myrtle avenue to the 'f®.* ^'^ ™**«- \r ' I'j. !• 'iiT "Ai • .1 rials were not Morns canal in any township now included withm the advertised, or limits of Jersey City, and such work or materials were contracted for. not duly advertised and contracted for in the manner Erescribed by law, then the justice of the supreme court olding the circuit court for the county of Hudson, shall appoint a referee who, if it appears to his satisfaction that such work and materials were furnished on such Work or ma road by the order of anv lawfully constituted board in ordeild pafd. if any such town or township or by the engineer of such ordered fur. ' board having charge of the work on any such road, shall ftj authority!'' order paid to the person or persons who may have done or furnished the same such sum of money in payment thereof as shall be just and reasonable, and the money so ordered to be paid shall, upon confirmation of the report 41 634 SPECIAL PUBLIC LAWS. Money to be S&id by city of erwy City. Proviso. Money ordered to be included in coet of im- Croyement, ow aesessed, and collected. of said referee by said judge, be paid by said city of Jer- sey City in like manner as if due advertisement and con- tract had been made in the premises ; provided, that the award may be made at any time, but payment thereof shall not be made until after the completion of the Uti- fation in a certain cause in the court of chancery of New ersey wherein Christian Schumm is complainant and the street commissioners of Greenville, or their successors in power, and others are defendants ; and if in said liti- gation the contractor on said road is directed to pay back to the city any money heretofore received by him on the ground that he was not entitled thereto, then such amount BO directed to be paid back shall be deducted from the said award. 2. And be it enacted, That the sum so ordered shall be included in the cost of the improvement above men- tioned, and assessed and collectea as the. other parts of the costs and expenses of such improvement shall be assessed and collected. 3. And he it enacted. That this act shall take effect immediately. Approved April 9, 1875. i CHAPITER COCCXLVI. An Act to amend an act approved March twenty-fifth eighteen hundred and seventy-five, and entitled "A Further Supplement to an act entitled 'An Act con- cerning taxes,' " approved April fourteenth, one thou- sand eight hundred and forty-six. Amendment 1. Bs IT ENACTED by the ScucUe and Oenerol Assembly of the State of New Jersey, That the third section of the act approved March twenty-fifth, eighteen hundred and sev- enty-five, and entitled "A Further Supplement to an act entitled *An Act concerning taxes,' approved April fourteenth, one thousand eight hundred and forty-six, be so changed and amended as to read as follows, namely : i SESSION OF 1875. 635 " 3. And be it eruictedy That all taxes hereafter assessed in the said city of New Brunswick, shall become due and payable on the first Tuesday in September in each and every year, and shall be and remain liens with interest thereon at- Ihe rate of fifteen per centum per annum, and all legal costs and fees for two years there- after, upon the lands and in the manner provided in the sixty-second section of "An Act to revise and amend the chailer of the city of New Brunswick," approved March thirteenth, eighteen hundred and sixty-three ; and said liens may be enforced and said moneys collected in the manner in said act and supplements thereto |)rovided. 2. And be it enacted^ That the fourth section of the Amendment, said act, approved March twenty-fifth, eighteen hundred and seventy-five, be so changed and amended as to read as follows, namely : "4. Anabe it enacted. That whenever in said 'act to revise and amend the charter of the city of New Brunswick,' " the words "twentieth day of De- cember" occur, the said words be and are hereby changed, and the said act amended, to read the "first Tuesday in September;" and whenever in said act the words "the first day of March" occur, the said words be and hereby are changed, and the said act amended to read "the fif- teenth day of December." 3. And be it enacted, That all acts and parts of acts Repealer, inconsistent with the provisions of the said act approved March twenty-fifth, eighteen hundred and seventy-five, at the time of the approval thereof, be and the same are hereby repealed, ana the said act shall be deemed a public act. 4. And be it ena^ied, That all acts and parts of acts in-Bepeeier. consistent with the provisions of this act be and the same are hereby repealed. 5. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved April 9, 1875. 636 SPECIAL PUBLIC LAWS. Parties dam- aged by chaof^e of grade, enti- tled to com* pensation. Power of board to issue bonds, to sell the same, and the proceeds applied for payment of damages. Repealer. CHAPTER CCCCLI. A Further Supplement to an act entitled "An Act to re- ^ organize the Local Grovernment of Jersey City." 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That any party or parties that have suflfered damages by any change or alteration of grade heretofore made necessary by reason of the re-grading and improving Brunswick and Wayne streets in the citv of Jersey City, shall be entitled to compensation for such damage ; such change of grade and improvement shall be taken and deemed a permanent improvement and shall be borne by the city at large, and be paid by general tax ; and it shall be lawful for the board of public works or their successors, after such damage so as aforesaid shall be ascertained by resolution to direct the issue of bonds of the said city for the purpose of raising the whole of such damage to be borne and paid as aforesaid, or any part thereof, which bonds shall be in such sums and shall run for such times not less than ten nor more than twenty years from their date, as the board of finance and taxation shall direct, and shall bear interest not exceed- ing seven per cent, per annum ; such bonds shall be sold as hereinbefore provided, and the proceeds thereof shall be applied to defray the cost of damages aforesaid. 2. And be it enacted^ That all acts and parts of acts, contrary to the provisions of this act, be and the same are hereby repealed, and that this act shall take eflFect immediately. Approved April 9, 1875. J SESSION OF 1875. 637 CHAPTER CCCCLII. A Supplement to an act entitled " An Act to revise and amend the charter of the city of Elizabeth," approved March fourth, Anno Domini one thousand eight hun- dred and sixty-three, and the several supplements thereto. 1. Be it enacted by the Senate and General Assembly of Term of pffiee. the State of New Jersey, That on and after the passage of this act the term of oflBce of the board of commissioners ere- Board of com ated and appointed under the act entitled "A supplement jJJIf,^JeJj*'undei" to an act entitled *An Act to revise and amend the charter cei-tain act, to of the city of Elizabeth,' " which supplement was approved *^®**®' the fourth day of April, eighteen hundred and seventy- three, shall cease and determine, and the city council shall thereupon have power to appoint a board of com- Power of conn missioners, consisting of three disinterested freeholders ^UJ^^?pH°^ of said city, to perform the duties and who shall qualify era, and to and act in all respects as required by the provisions of ^iensatSn the aforesaid act, to hold their oflBce during the pleasure of the city council, and the city council shall have power to fix and regulate the compensation of said commis- sioners. 2. And be it enacted, That all assessments required to Certain asaega be made for the costs and expenses of regulating, grad- J-l^laang, ing, graveling, paving, macadamizing, curbing and gut- grading, tering any street or section of any street in the city on^^^Jf^^l Elizabeth, where such assessments have not yet been^enng ratified, or where the costs and expenses of any such im-madTan*doom provtment have not yet been declared by the city coun- p'?^ed by com- cil of said city, shall be made and completed by the Imdo? certain board of commissioners created and appointed under the*«^ first section of this act and in the manner required by the act entitled " A Supplement to an act entitled * An Act to revise and amend the charter of the city of Eliza- beth,' " which supplement was approved the fourth day of April, eighteen hundred and seventy-three, except 638 SPECIAL PUBLIC LAWS. Validity of ns- aessoaents. Assea^mentfl, how made. ABseflsmenta tor. costs and expenses for grading, paviug, curb- log struts, to be inado and completed under certain act*. Repealer. that the validity of any such assessment hereafter made by the said board of commissioners, shall not be ques- tioned or objected to, by reason of the commissioners' report and estimate of any such improvement not having been made at the time and in the manner required by the fourth, fifth and sixth sections of the act creating such board of commissioners ; but the said board of com- mjssioners, upon any such assessment being referred to them, or upon the city council of said city directing the said board of commissioners to make an assessment of the costs and expenses of any such improvement, the said board of commissioners shall, in all things, proceed in the manner required by the fourth, fifth and sixth sections of said last mentioned act, the same as if the ordinance for the said improvements, or any of them, had been passed by the said city council, immediately prior to the time of such reference or direction. 3. And be it enacted, That all assessments required to be made for the costs and expenses of reflating, grading, graveling, paving, macadamizing, curbing and guttering of any street or section of a street in the city of Eliza- beth, for work hereafter ordered by the city council of the said city, except where the costs and expenses of regu- leiixig, grading, curbing or guttering of any street or section of a street in said city, shall be included in and form part of the costs and expenses of laying the side- walks in said street or section of a street, shall be made and completed by said board of commissioners, and in the manner required by the act entitled " A Supplement to an act entitled ' An Act to revise and amend the charter of the city of Elizabeth,' " which supplement was approved the fourth day of April, eighteen hundred and seventy-three. 4. And be it enacted, That this act shall take effect im- mediately, and be deemed and taken to be a public act, and that all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed. Approved April 9, 1875. i SESSION OP 1875. 639 CHAPTER CCCCLIII. An Act to adjust unpaid assessments in the city of Pat- erson. Whereas, assessments for city improvements have been Preamble, laid upon propertv in the city of Paterson, concerning the justness of which disputes have arisen ; and whereas^ it would be for the benefit of said city, and of the individuals whose property is subject to such assess- ments, to have the same corrected and adjusted without further delay or litigation ; therefore, 1. Be it enacted by the Senate and General Assembly o/ Governor to the Slate of New Jersey, That the governor of this state 3j5^^^;;f„ shall appoint three discreet and impartial persons, resi- to adjust un- dent in this state, and not owners of land in, or residents STentT^* of the city of Paterson, who shall constitute a board to examine, revise, alter and adjust, as hereinafter provided, all unpaid assessments, whether heretofore set aside by order of any court of this state or otherwise, within a period of seven years prior to the approval of this act, for street improvements heretofore made in the city of Paterson, which are or may be disputed by any person or persons or corporations. 2. And be it enacted, That said commissioners as tocommMon- all assessments heretofore set aside by the supreme court u^n loTs fro^ shall re-assess as hereinafter prescribed, the amount ing on street, which said supreme court shall nave determined or pre- SJ^^!"^ ^^"^ scribed to be the lawful amount to be re-assessed, with inter- est from the time of such determination, and shall re*assess the same upon the lots fronting on the street in which the improvement shall have been made, provided said lots have been benefited to that extent, and if they shall not have been, on the part so improved, benefited to that extent, then they shall re-assess thereupon such amount as they shall have been benefited thereby, and as to all assessments set aside heretofore by the supreme eourt, in which said court shall not have determined or pre- 640 SPECIAL PUBLIC LAWS. scribed what amount shall be re-assessed, the said com- missioners shall re-assess the entire amount such im- provement shall have cost the city of Paterson together with interest from the time of payment thereof by the city, upon the lands fronting on the street in which the said improvement shall have been made, unless the said amount shall have been more than the lots fronting on said street shall have been benefited thereby, and if they shall not have been benefited in the aggregate to the said amount, then they shall assess such amount as «M«ed*amount ^^®y shall havo been benefited ; and in each and every case benefited by of assessment Under this act by said commissioners, they improvement, ghall asscss the amouut they assess upon the lots benefited by the improvement fronting on that part of the street in which the improvement was made in proportion to S^Sr^aid b**' ^^^ benefit received from such improvement ; and if in city^afunfe^ any street, the lots fronting on that part of it in which the improvement shall have been made shall not have been benefited to the extent of the whole amount of cost to the city of Paterson, with interest as aforesaid, then said commissioners shall declare and report that the excess of such cost and interest over the amount they assess upon such lots, shall be paid by the city of Pater- son at large, and the city shall pay the same out of 8t^t^ raSin *^ ^^® ^^^y treasury if not already paid ; this act shall apply heretofore *"^ to all casos of street grading, where grading has been done. done by the city, whether any assessment therefor has yet been made or not, and whether done by contract or otherwise ; and, if no assessment has yet been made, said commissioners shall ascertain the damages done by said grading to any lots fronting on the street graded, and make an award thereof to the owners of the lots damaged, which amount the said city shall pay, and said commissioners shall add to and compute such amounts of damages with the amount of the cost paid by said city for grading, as a part of the cost thereof to said city, and assess the gross amount thereof upon the lots front- . ing thereon and benefited thereby, to the extent of such # benefits, and the excess thereof above such benefits shall be paid by said city if not already paid. 3. And be it enacted, That any person or persons or cor- poration, separately or collectively, aggrieved by any assessments heretofore made, may present to said board j i SESSION OF 1875. 641 a petition, stating his or their objections to such assess- Peraons a^- ments, and praying for relief; and upon presenting such J^JJ^^^^y " petition, the assessment so objected to shall be considered heretofore a disputed assessment, so as to give the said board full p,^i"^i. jurisaiction to revise, alter and adjust the said assess- Hon »tatinK ob- ment, and re-assess such amount as would have been a-^*®^®"*** reasonable sum for such improvement upon the land benefited in proportion to the benefits received, as shall be equitable and just, as directed in this act ; and any person or persons or corporation, neglecting or refusing^«'oroofper- to apply to said board for relief from assessments within jHthinVcS-.^ such time as the said board may limit, not less than J'^*^ »"j®» o^- thirty nor more than sixty days, snail be considered asWvS. waiving all objections thereto. 4. And be it enacted, That said board shall give public i*uWic notice notice of the time and place of holding their first meet-fiJ^t^nieettnKV ing for the consideration of each assessment, by ad ver- ^o»rd. tisement in all the newspapers published in said city, at least four weeks prior to the. time of holding such meet- ing, and by written or printed notices given to the owners of property subject to the assessments to be considered at that meeting, either personally, or, if not to be found in the city, then by depositing such notice in the post oflBce of said city, directea to such owner or owners at his or their last known place of residence, (or at the post office nearest thereto;) providedy ihaX the omission to send orp^^j^^ serve such printed or written notice upon any individual shall not, in any case, afiect the proceeaings of said board ; and that said board shall have the power to subpoena witnesses to appear before them, to administer oaths to such witnesses, and to adjourn from time to time, as to said board may deem proper ; and that said board may, after a general examination of said assessment, deduct therefrom such an amount or per centage as they, or a majority of them, may agree upon as unjust to be as- sessed, and the amount so deducted to be borne by the city at large. 5. And be it enacted, That no assessment heretofore No ammsments made and paid shall be set aside by said board or by thep^iJ^^^'^g^t supreme court ; and when any assessment has been ad- aside, justed or confirmed by said board in manner aforesaid, it shall be and is hereby declared to be a new assess- ment, and shall be final and conclusive, as so adjusted, 642 SPECIAL PUBLIC LAWS. Asflewmentfl re-assessed or confirmed by said board upon all parties, J^Jjfl*,lJJ^*3^. and that in all cases of certiorari now brought to remove oiarednewas- proceedings in assessments to the Supreme court for re- tobe filial. "*** view, the parties therein shall file their objections to said assessments with the said board hereby appointed, who shall adjust the same upon principles of justice and equity, as provided by section two of this act, and that no further proceedings shall be had in said supreme court upon said certioraris so pending therein. Power of 6. And be ii enacted^ That said board shall have power, ploy agente. ^t the cxpeuso of Said city, to employ such agents or assistants as they may deem necessary to carry out the duties imposed by this act ; and that it shall be the duty of the officers of said city to furnish such board and their agents with such papers, records and information as may be in their possession or under their control, and as said board may require, and shall also provide said board with suitable rooms in Which to hold their meetings. Prooeedin^ of 7. And be it enacted, That the proceedings of said board, fii^andrt ^ciug by them duly verified unaer their hands and seals, coided. shall be filed in the office of the receiver of taxes and assessments of the city of Paterson, and recorded by said receiver of taxes and assessments in a book to be by him kept for that purpose ; and when so filed, the assessments be^en* and^ °^^^® by Said board, or a majority thereof, shall be a lien how coiiooted. upon the property upon which they are laid, and shall be collected in the same manner provided for the coUec- ProviBo. tion of assessments in the charter of said city ; provided, that nothing herein contained shall be so construed as to require the payment of the same in any manner other than, was provided for in the charter under which the applications for said inaprovements were made. ukT^.**" 8. And be it macted, That each of the members of said board shall take an oath, faithfully and impartially to perform the duties imposed upon them by this act. Compensation 9. And be it enocted, That the compensation of the jusu^of^ ^^ members of said board, and of their clerk and assistants, sapreme oonrt. shall be fixed by the justice of the supreme court who may hold the circuit for Passaic county, and the amount thereof shall be paid by the said •city at large ; and Costs and further, that the taxable costs and- charges, and costs of chaurges, how returns of proceedings, and copies of assessment maps, necessarily incurred in all cases of certiorari on account SESSION OF 1875. 643 of any street assessment adjusted under this act or now pending in the supreme court, shall also be paid by said city to the prosecutors in such certioraris or their attor- neys, on presentation to the board of aldermen of a claim or claims for the same, and said board shall adopt a resolution to pay the same, unless said court shall have denied costs. 10. And be it enacted, That this act shall be a public ^,?J\^®'^ **' act and shall take effect immediately, and shall apply to^^ ' assessments made for street openings, widenings, altering, straightening or grading. Approved April 9, 1875. CHAPTER CCCCLIV. An Act to further amend an act entitled "An Act to provide for the more efficient government of the city of Paterson," approved March twenty-third, one thou- sand eight hundred and seventy-one. 1. Be IT ENACTED by the Senate and Oeneral Assembly of the Stale of New Jersey^ That the seveniy-first section of the act to which this is an amendment, be and the same • is hereby amended, to read as follows : "71. And be it enacted, That the said comptroller shall Amendment, present to the board of aldermen, at its first regular meeting in each month, a report showing the balance to the credit of the several appropriations at the beginning of the fiscal year, the amounts appropriated in the annual tax ordinance, the amount expended on each account in the preceding month, and the whole amount expended on each account up to the date of such report ; and the said report shall be published once in the two daily newspapers in said city having the largest circula- tion ; he snail also, within ten days after the close of each fiscal year, which fiscal year shall end on the twentieth day of March in each and every calendar year, present to the said board of aldermen a statement, 644 SPECIAL PUBLIC LAWS. showing under general heads the indebtedness of the city and the available assets for its liquidation, which statement shall be published in two daily newspapers of said city, at least five days before the next ensuing municipal election." 2. And be it eiiacted, That the seventy-third section of said act be and the same is hereby amended to read as follows : Amendment "73. And be it eudcted, That the city treasurer shall be the executive oflBcer of the bureau of disbursements ; it shall be his duty to receive all moneys paid into any other bureau or department, or from the sale of any property belonging to the corporation, or from rents, mortgages, or the sale of city bonds, and to disburse the same upon the warrant of the comptroller ; in no case shall the public money be drawn from the city treasury unless it be first specifically appropriated by the board of aldermen to some public object requiring the outlay; and the drawing of the same shall be based upon full and detailed statements in writing, which shall be placed on file by said treasurer." 3. And be it enacted, That the seventy-fifth section of said act be and the same is hereby amended to read as follows : Amendment. "75. And be it enacted, That it shall be the duty of the said city treasurer to present to the board of aldermen at its first regular meeting in each month, a statement in ledger form of the cash transactions of the month, show- ing the sources of receipts, by departments and bureaus, the proceeds of the sales of bonds and property of the corporation, and also the objects to which tne expendi- tures were particularly appropriated, and the said state- ment shall be published at least once in two daily news- papers of said city ; the city treasurer shall also, within ten days after the close of each fiscal year, present a similar statement, showing in detail the receipts for such fiscal year, for what and to whom expenditures were made, which statement having been first examined and approved by the department of finance, shall be pre- sented to the board of aldermen, which shall cause the same or the substance thereof to be published in two daily newspapers of sfeid city at least five days before the next ensuing municipal election." SESSION OP 1875. 645 4. And be it enacted^ That clause ten of the eighty- second section of said act be and the same is hereby amended to read as follows : "X. To draw from the moneys which shall be raised AmendiDent. for the purposes of public instruction in said city, such sums as may be required to defray the necessary current expenses of the board, incurred under the provisions of this act ; provided however, that no draft shall be drawn proyiao. either on account of current expenses or of erections or permanent improvements, for any sum or sums in excess of the pro rata per centum of the amount incor- porated in ana collected under the general tax ordinance of anj^ fiscal year, for educational purposes, unless by authority of the board of aldermen ; and any member of the board of education or oflBcer thereof, who shall knowingly approve, sign, certify or countersign any war- rant or other instrument for the payment of any sum, in violation of the terms of this section, shall be deemed guilty of malfeasance in oflBce, and shall thereby vacate his office ; and the said board of education shall at no time incur any liabilities exceeding the amount appro- priated for such expenses ; and all drafts given by the Doard of education in payment of moneys due from said board, shall be drawn upon the comptroller of the city of Paterson." 5. And be it enacted, That the eighty-eighth section of said act be and the same is hereby amenaed to read as follows : "88. And be it enacted, That whenever the appropia- Amendment tions aforesaid shall have been made, the city clerx shall notify the board of education and the comptroller thereof, and it shall thereupon be the duty of the said comptroller to place such sums so appropriated to the credit of the board of education ; he snail keep the accounts of said board entirely separate from other accounts on his books, charging under one head the payments on account of current expenses, and under another head the payments on account of erections or permanent improvements, executed under the direction of the said department of public instruction ; and he shall pay by his warrant upon the city treasurer, all drafts drawn upon him by said de- partment, duly attested by the signature of the president and the secretary of the board of education, to an amount 646 SPECIAL PUBLIC LAWS. Proviso. Ameodment not exceeding the balance remaining on his books to the credit of the said department ; each draft so presented shall state the purpose for which it is given, and whether for current expense account or whether for permanent improvement account, and shall be made payable to the order of the person entitled to receive the same, and be endorsed by said person on the receipt thereof, which drafts shall be filed by the said treasurer As his vouchers ; provided hawevery that said treasurer shall not pay, on either of said accounts, any sum or sums in excess of the pro rata per centum of the amount incorporated in and col- lected under the general tax ordinance of any fiscal year, for educational purposes, unless by authority of the board of aldermen." 6. And be it enacted^ That the one hundred and sev- enty-first section of said act be and the same is hereby amended to read as follows : '' 171. AtuI be it eruidedy That the annual salaries of the ofiicers named below shall be the sums set opposite their respective names, namely : The mayor, one thousand dollars ; Each alderman, four hundred dollars ; The city clerk, fifteen hundred dollars ; The clerk of the board of aldermen, one thousand dollars ; The commissioners of assessment of taxes, twelve hun- dred dollars each ; The clerk of the bureau of assessment of taxes, eight hundred dollars ; The receiver of taxes and assessments, twenty-five hundred dollars ; The comptroller, one thousand dollars ; The city treasurer, fifteen hundred dollars ; The superintendent of streets and sewers, twelve hun- dred dollars; The city surveyor, twenty-five hundred dollars ; The superintendent of outdoor relief, eight hundred dollars ; The superintendent of indoor relief, six hundred dollars ; The recorder, twelve hundred dollars ; The city physician, seven hundred dollars ; Assistant city physicians, five hundred dollars each ; SESSION OF 1875. 647 The city council, two thousand dollars ; The chief of police, one thousand dollars ; The chief engineer of the fire department, six hundred dollars ; The assistant engineers of the fire department, three hundred dollars each ; The commissioners of appeals and revision of taxes, five dollars per diem while sitting." 7. And be it enacted, That all the portions of the said Repealer, act entitled " an act to provide for the more efficient gov- ernment of the city of Paterson," and the supplements and amendments thereto, and all other acts or parts of acts inconsistent with the provisions of this act, oe and they are hereby repealed. 8. And be it enadedy That this act shall be deemed and taken to be a public act, and shall take effect imme- diately. Approved April 9, 1875. < TABLE OF CONTENTS. 42 n 1 i CONTENTS OF SPECIAL PUBLIC LAWS. Chap» Puge 7. A farther supplement to '*An act entitled 'An act to inc'^r- pnratethe Plainfield Fire Department/ '* approved March third, eighteen hundred and fifty-four 169 14. An act for the preservation of crabs in the waters of the North and South Shrewsbury rivers and their tributaries. 170 17. A supplement to an act entitled '^An act to amend and consolidate the several acts relating to Game and Game Fish/' approved March twenty -seventh, eighteen hundred and seventy -four 171 18. A supplement to the act approved March thirteenth, one thousand eight hundred and seventy- two, and entitled *■ An act to authorize the town of Newton, in Sussex county, to issue bonds." « 173 19. A further supplement to an act entitled '^An act to incor- porate Dover," passed April first, eighteen hundred and sixty-nine 175 27. A further supplement to an act entitled **An act to authorize the inhabitants of School District Number One, in the township of Plainfield. in the county of Es^ex, to raise money to build school houses," approved March ninth, one thousand eight hundred and forty -eight 176 28. A further supplement to an act entitled '^An act to facili- tate judicial proceedings in the county of Passaic," ap- proved March twenty- eighth, one thousand eight hundred and seventy -one 177 29. A supplement to an act entitled **An act to incorporate the Board of Education of the City of Camden," ap- proved March fifth, Anno Domini eighteen hundred and fifty 178 31. An act to authorize the inhabitants of Road Districts numbers one and two, in the township of Raritan, in the county of Monmouth, to elect their own road overseers. 179 1 652 CONTENTS. Chap. Pige 46. A further supplement to the act entitled *'An act to au- thorize the inhabitants of the city of New Brunswick School District Number One, of the township of North Brunswick, county of Middlesex, to elect a Board of Education," appn»ved March third, one thousand eight hundred and fiftj-five 180 51. A supplement to an act entitled '*An act incorporating the inhabitants of townships, designating their powers and regulating their meetings/* approved April fourteenth, one thousand eight hundred and forty-six 182 52. Supplement to an act entitled '*An act to legalize loans made and bonds issued by the Common Council of the city of Trenton, to pay bounties to volunteers.*' 183 61. An act to provide for the cession of the Newark and Clinton Plank Road Company, to the city of Newark and the township of Clinton 183 62. A further supplement to the act entitled **An act for the improvement of the town of Freehold, in the county of Monmouth/' approved March twenty-fifth, one thousand eight hundred and sixty-nine 184 63. A supplement to the act entitled '*An act for the improve- ment of the township of Kearney, in the county of Hudson, and to increase the powers of the township com- mittee, in said township,*' approved April sixth, one i^ thousand eight hundred and seventy-one 186 I 64. A supplement to an act entitled '^An act to authorize the township of Clinton, in the county of Essex, to appoint a receiver of taxes, and for other purposes," approved March twenty-fourth, one thousand eight hundred and seventy-four 188 65. An act to enable the collector of the township of Belle- ville, in the county of Essex, for the year one thousand eight hundred and seventy-three^ to pay to the collector of the township of Franklin, in the county of Essex, certain taxes in bis hands assessed and collected illegally in the township of Belleville 190 66. Supplement to the act entitled **An act to incorporate the town of Absecon." 192 67. An act respecting the Prosecutor of the Pleas of the county of Hudson 195 68. A further supplement to **An act entitled *An act to set off fron the township of Belleville, in the county of Essex, a new township to be called the township of Franklin,' " approved February eighteenth, one thousand eight hun- dred and seventy-four 196 70. An act relating to the township of East Orange, and the assessment and collection of taxes therein •••• 201 I i CONTENTS. 653 Giap. Page 71. An act to legalize the sale of lands made by ''The Peter K. Winter Benevolent Association'* to the inhabitants of the borough of Washington, in the coanty of Warren. . . 203 77. An tiot to repeal an act entitled "An act concerning roads in the township of Mansfield, in the county of Burling- ton/' approved March fouith, eighteen hundred and seventy-four 2n5 78. An act to revise the charter of the City of Cape May. . . . 2U6 79. An act to cliange the time of holding the annual town meetings in the township of Franklin, in the county of Warren 24« 84. A supplement to an act entitled *^An act to incorporate the town of Unipn, in the township of Union, in the county of Hudson," approved March twenty-ninth, one thousand eight hundred and sixty-four 246 85. A further supplement to the act entitled ''An act to en- courage the establishment of Mutual Loan and Building Anisociationff," approved February twenty-eighth, one thousand eight hundred and forty-nine 247 95. An act to prevent Usury in the county of Monmouth 248 97. A further supplement to the act entitled *'An act to revise and amend the charter of the city of Newark." 249 98. An net to confirm the acknowledgment and proof of deeds and other writings, taken by Jacob Hitchner 252 99. An act to authorize the township of Middletown, in the county of Monmouth, to elect one or more constables 253 10(). An act to regulate the building and repairing of the public roads in the township of Upper Penns Neck, in the county of Salem 25*3 114. A further supplement to the act entitled *'An act to facilitate judicial proceedings in the county of Passaic," appr(»ved March twenty-eighth, eighteen hundred and seventy-one 254 115. A further supplement to an act entitled '* An act to au- thorize the \ resident and directors of the Trenton Water Works to convey their works and franchises to the city of Trenton, and to provide for the management of said works," approved March first, eighteen hundred and fifty- nine 255 J 23. A further supplement to an act entitled *'An act to im- prove Bergen Wood Road, in Hudson county," approved April ninth, one th(»usand eight hundred and sixty- eight 256 124. An act to enlarge the bounds of the public school district at Boonton, in the county of Morris, to establish a board of education therein, and amendatory of an act pertaining to said school district, passed March thirteenth, eighteen hundred and fifty-one, entitled "An act to authorize the 654 CONTEKTS. Cbap. PbS« inhabitants of school district number seven, in the town- ship of Pequannook, in the county of Morris, to raise money for school purposes,*' and the supplement thereto, passed in eighteen hundred and fifty- six 258 1 25. An act to provide for the assessment and payment of the costs and expense incurred in the improvement of Ridge road and ol Rutherfurd avenue, in the township of Union, in the county of Bergen 270 126. An act to establish free public schools at Ridgefield, in the township of Ridgefield, in the county of Bergen 280 133. An act to facilitate judicial proceedings in the county of Essex 283 134. A supplement to an act entitled **An act appointing Com- missioners in School District Number Three, of the town- ship of Westfield, Union county, for the purpose of purchasing ground and erecting a school house thereon, etc.," which act was approved March second, one thou- sand eight hundred and sixty -nine ' 284 1^. An act to establish ihe office of Register of Deeds and Mortgages in the county of Camden 285 Vi6, An act to fix the salary of the Prosecutor of the Pleas in the county of Sussex 287 145. An act to regulate the salary of the Prosecutor of the Pleas in the county of Bergen 288 146. A supplement to an act entitled '*An act to revise and amend the charter of the city of Elizabeth/* approved March fourth. Anno Domini eighteen hundred and sixty- three, and the several supplements thereto 289 147. A supplement to an act entitled **An act constituting a Public Road Board, for the laying out, constructing, ap- propriating, improving and maintaining public carringe roads, in the county of Essex,** approved March tbirty- firsty one thousand eight hundred and sixty-nine 292 149. A Hupplemeut to an act entitled ^*An act to divide Stoe Creek township, in the county of Cumberland, into three road districts, and for the election of Overseers in the same 293 150. A further supplement to an act entitled ''An act to set off from the township of Belleville, in the county of Ensex, a new township, to be called the township of Franklin,'* approved Februnry eighteenth, one thousand eight hun- dred and seventy-four 294 151. An act concerning ronds in the township of North Bergen , j in the county of Hudson 295 152. A further supplement to an act entitled '*A further enp> plement to ati act entitled 'An act to divide the township of North Bergen, in the county of Hudson,* *' passed February twenty-eighth, one thousand eight hundred and ^ CONTENTS. 655 Chap. Page sixty-one ; approved March eighteenth, one thousand eight hundred and seventy 298 153. An act for the better protection of fish in the Baritan Jiver and its tributaries ...... 299 169. A supplement to an act entitled '*An act to establish a system of public instruction/' approved March twenty- . first, eighteen hundred and sixty-seven 900 170. A further supplement to the act approved April fourth, one thousand eight hundred and seventy-two, entitled **An act to improve Bull's Ferry road, in Hudson county, from the northerly line of the township of \Si eehawken to the Hackensaok plank road, and also the branch road leading from BulPs Ferry road opposite Weehawken street, in the town of Union, to Nineteenth street, in the township of Weehawken." 302 171. A further supplement to an act entitled ''A supplement to an act to incorporate the Chosen Freeholders of the several counties of the state aforesaid," approved April sixteenth, one thousand eight hundred and lorty-sfz ; ap- proved April sixth, one thousand eight hundred and sixty-five 308 175. A further supplement to an act entitled **An act to estab- lish a system of Public Instruction," to provide for the erection of school buildings, and the establishing of a graded school in the town of Long Branch .»*.... 309 176. An act concerning roads in the township of Palisades, in the county of Bergen 310 184. A supplement to an act entitled *'An act to' incorporate the village of Irvington, in the township of Clinton, and county of Essex," approved March twenty-seventh; one thousand eight hundred and seventy-four 322 188. An act to fix the salary of the Prosecutor of the Pleas in the county of Salem 324 189. An act to reorganize the Board of Chosen Freeholders of the county of Hudson 324 190. An act to legalize the election for city officers held m the city of Cape May, on the ninth day of March, eighteen hundred and seventy-five. 331 191 . An act to dedicate certain lands of the State of New Jersey in the city of Trenton for a public street 331 192. Au act to iMpettl an act entitled ** An act to authorize the township of Brick, in the county of Ocean, to vote by ballot," approved March eighth, one thousand eight hundred and seventy 333 193. An act to incorporate the borough of Haddonfield, Camden county, New Jersey 334 194. A further supplement to an act entitled *' An act revising an act to incorporate the city of Bayonne, in the county 656 CONTENTS. Chap. Pttge of HadsoD, and state of New Jersey," approved March tenth, one thousand eight hundred and sixty -nine ; ap- proved March twenty -second, one thousand eight hun- dred and seventy-two 340 207. An act to repeal an act entitled ** A further supplement to an act entitled ' An act revising the act to incorporate the city of Bayonne, in the county of Hudson, and state ^ of New Jersey,' " approved March tenth, eighteen hun- 1 dred and sixty-nine; approved March twenly-second, eighteen hundred and seventy-two 342 208. A further supplement to an act entitled ** An act to incor- porate the city of Hoboken," approved March twenty- eighth, one thousand eight hundred and fifty-five 343 209. A further supplement to an act entitled '*An act to author- ize the inhabitants of the city of New Brunswick (School District Number One.) of the township of North Bruna- wick, county of Middlesex, to elect a Board of Educa- tion,'* approved March third, one thousand eight hundred and fifty-five 343 213. A supplement to an act entitled '^An act to provide for the more efficient government of the city of Trenton," ap- proved March nineteenth, one thousand eight hundred and seventy-four 344 214. Supplement to an act entitled ** An act to establish a free school at Fort Lee, in the county of Bergen/* approved March sixth, one thousand eight hundred and fifty 347 215. A supplement to the **Act concerning roads," approved March twenty-fourth, eighteen hundred and seventy-four 348 216. A further supplement to an act entitled ^* An act to revise and amend the charter of the city of Rahway," approved March twenty-third, eighteen hundred and sixty-five. 351 228. An act to revise and amend the charter of .the city of Bridgeton 354 229. An act to facilitate the collection of taxes in the township of Stockton, in the county of Camden 381 230. A further supplement to an act entitled '*An act concern- ing taxes," approved April fourteenth, one thousand eight hundred and forty-six 384 231. An act to authorize the voters of the township of Jackson, in the county of Ocean, to elect their overseers of roads by districts 386 232. A further supplement to an act entitled ''An act to im- prove Bersen Wood Road, in Hudson county," approved April ninth, eighteen hundred and sixty-eight ••• 386 233. An act in relation to School District Number Eight, in the township of Montclair, in the county of Essex 388 234. An act supplementary to an act entitled **An act to revise CONTENTS, 657 Chiq). Page the charter of the borough of Prinoeton," approved April third, eighteen hundred and seventy three 389 296. A supplement to an act entitled *'An act to incorporate the borough of Haddonfield, Camden county, New Jer- sey/' approved March twenty-fourth, one thousand eight hundred and seventy -five 390 237. A further supplement to the act entitled ^*An act to revise and amend the charter of the town of Orange,*' ap- proved March third, eighteen hundred and sixty-nine.... 390 242. An act relative to taxes in the county of Middlesex 392 243. An act relative to Reservoir Number Three, of the Jersey City Water Works 393 246. A further supplement to an act entitled '*An act to revise and amend the charter of the village of South Orange, in the county of Essex,*' passed April fourth, one thousand eight hundred and seventy-two, and the several supple- ments thereto 395 247. A further supplement to the act entitled *^An act to revise and amend the charter of the town of Orange," approved March third, eighteen hundred and sixty -nine 399 246. An act to authorize the township committee of the town- ship of Freehold, in the county of Monmouth, to borrow money 403 249. An act for the preservation of sheep in the township of Upper Pittsgrove, in the county of Salem 404 250. An act to authorize and empower the Board of Chosen Freeholders of the connty of Cumberland to isoue bonds ^ to an amount not exceeding fifty thousand dollars 405 251 . A supplement to an act entitled **The act to incorporate the city of Beverly, in the county of Burlington," approved March twentieth, eighteen hundred and nfty-seven 406 252. A further supplement to the act entitled '^An act to es- tablish a new township in the county of Cumberland, to be called the township of Landis" 408 253. A supplement to an act entitled '*An act to appoint harbor masters and inspectors," approved March thirty -first, eighteen hundred and sixty-nine 409 254. A further supplement to the **Act concerning roads," ap- proved April sixteenth, eighteen hundred and forty-six, which supplement was approved Murch twenty-third, eighteen hundred and fifty-nine 409 264. A supplement to an act entitled ^*An act to incorporate the Jersey City and Bergen Point Plank Road Company," approved March sixth, one thousand eight hundred and sixty 410 265. An act to fix the salary of the Prosecutor of the Pleas of the county of Middlesex 411 65S CONTENTS. Chap. Page 266. An act to fix the salary of the Prosecutor of the Pleas of the county of Gloucester 411 267. An act to fix the salary of the Prosecutor of the Pleas of the county of Somerset : 412 268. An act to confirm the acknowledgment and proof of deeds and other instruments of writing taken by James H. Van Cleef, Humphrey A. Bodine, Charles D. Jenkins, c Charles H. Runyon and George Berdine 413 ^ 269. An act to authorize the township committee of the town- I ship of Lebanon, in the county of Hunterdon, to pur- chase a farm for the use and support of the poor, or to contract for the keeping of the poor 414 270. An act confirming and establishing the title of certain lands in the '^Trustees of School District Number Sev- enty.two in the county of Morris/' and authorizing them to sell and convey the same '. ... 415 271. A supplement to aa act entitled 'An act to facilitate judicial proceedings in the county of Mercer,'* approved March twenty -seventh, one thousand eight hundred and sixty-seven 417 272. An act to extend the provisions of an act entitled '^An act to prevent horses, cattle, sheep and swine from running / at large in the township of Clinton, in the county of |t Essex, and the township of Rah way, in the county of Union," to the township of Raritan, in the county of Monmouth 417 279. A further supplement to **An act to regulate elections,*' approved April twenty-second, one thousand eight hun- dred and sixty-eight 418 280. A further supplement to the act entitled ''An act constitu- ting a public road board, for the laying out, constructing, appropriating, improving and maintaining public carriage roads in the county of iCssex," approved March thirty- first, eighteen hundred and sixty-nine 420 281. A further supplement to an act entitled *'An act to author- ize the president and directors of the Haokettstown Aque- duct Company to convey their works and franchises to the inhabitants of the town of Hackettstown,** etc., ap- proved March seventeenth, eighteen hundred and seventy. 422 282. A supplement to an act to establish a system of Public Instruction 432 283. A further supplement to the act entitled "An act for the better goveimment of the city of Paterson," approved March seventeenth, A. D. eighteen hundred and seventy. 424 284. A further supplement to the act entitled '*An act to revise and amend the charter of the City of Newark,*' approved March eUventh, eighteen hundred and fifty-seven 425 1 CONTENTS. 659 Chap. Page 285. An act to set off from the township of Dover, in the countj of Ocean, a new township to be called the town- ship of Berkelj 4S)0 266. A further supplement to an act entitled **An act to incor- porate the town of Belvidere. in the county of Warren.. 433 287. A supplement to an act entitled '*An act concerning . roads/' approved March twentj-seventh^ one thousand eight hundred and seventy-four ' 434 288. A supplement to an act entitled '*An act to regulate the salary of the Prosecutor of the Pleas in the county of Camdf-n/' approved March twenty-sixth, one thousand eight hundred and seventy-four 436 280. An act to authorize the Board of Chosen Freeholders of the county of Middlesex to borrow money and issue bonds therefor 437 290. An act to fix the salary of the Prosecutor of the Pleas in the county of Union % 438 291. An act to set off a part of the township of Mansfield to the town of Hackettstown, in the county of Warren. . . . 439 303. A further supplement to the act entitled ^'An act to au- thorize the ditching and draining of the bog and fly meadow in Morris county," passed February twentieth, eighteen hundred and eleven 439 304. A supplement to **An act to authorize the township com- mittee of the township of Plainfield, in the county of Union, to open, work and repair the public roads, streets, avenues and sidewalks in said townships," approved March seventeenth, one thousand eight hundred and seventy 441 305. A supplement to the act entitled ''An act to authorize the Board of Chosen Freeholders of the county of Passaic, to purchase and vacate certain turnpikes in said county,*' approved March twenty-first, eighteen hundred land seventy-four 442 306. An act to authorize the Trustees of School District Num- ber Forty-eight, of the county of Warren, to build a school house therein, at Hackettstown 443 313. A further supplement to an act entitled *'An act to revise and amend the charter of the town of Harrison," ap- proved March the sixth one thousand eight hundred and seventy -three 446 314. A further sup^>lement to an act entitled *'An act relating to hawkers, pedlars and petty chapmen." 452 315. A further supplement to aA act entitled '*An act to es- tablish a new township in the county of Union, called the township of Linden," approved March seventeenth, one thousand eight hundred and seventy 453 660 CONTENTS. Chap. Page 316. A further sapplemc^nt to the act entitled '*An act relating to the assesBDient and revi»on of taxes in the city of Newark,'* approved March fifteenth, one thousand eight hundred and sixty-six 455 317. A further supplement to an act entitled **An act to incor- porate the city of Hoboken,'* approved March twenty- eighth, one thousand eight hundred and fifty-five .^. 456 318. A further supplement to the act entitled *'An act to revise and amend the charter of the city of Newark." 457 322. A further supplement to the act entitled *^An act constitu- ting a Public Road Board for the laying out, constructing, appropriating, improving, and maintaining public car- riage roads in the county of Essex," approved March thirty-first, eighteen hundred and sixty-nine 4.58 323. An act to vacate Plymouth street, in Jersey City 459 324. A further supplement to an act entitled *'An act to revise and amend the charter of the town of Orange/* approved March third, eighteen hundred and sixty-nine 400 325. A further supplement to an act entitled **An act to incor- porate the Chosen Freeholders in the respective counties of the State,** revision, approved April sixteenth, one thousand eight hundred and forty-six 460 326. A further supplement to an act entitled '*An act to enable the Trustees of Freehold School District Number Seven to sell the present school property, and to buy other pro- perty and erect a school house thereon, and to issue bonds in payment therefor '* 461 327. An act to regulate the salary of the Prosecutor of the Pleas in the county of Warren 462 329. An act to authorize the voters of that part of Westfield township called Scotch Plains, and its vicinity, within certain boundaries, to open the polls and vote at Scotch Plains, for all officers and purposes voted for by West- field township at their regular or ordered meetings 463 330. An act to authorize the inhabitants of the township of Delaware, in the county of Hunterdon, to vote by ballot at their annual town meetings 464 3!)!. A further supplement to the act entitled ''An act to revise and amend the charter of the city of Newark.*' 466 332. A further supplement to the act entitled *'An act for the improvement of Flemington,** approved the fourteenth day of March, in the year of our Lord one thousand eight hundred and seventy 468 334. An act to repeal an act entitled '*An act to authorize and provide for a transcript of 'certain deeds, mortgages and official records of lands and real estate in the county of Union,*' approved March twenty-seventh, one thousand eight hundred and seventy-four 469 CONTENTS. 661 Chap. Page 337. Supplement to the charter of Haokettatown 469 338. A further supplement to an act entitled *' An act to estab- lish the Long Branch Police, Sanitary and Improvement Commission," approved April eleventh. Anno Domini eighteen hundred and sixty-seven 477 339. A further supplement to an act entitled ^^ An act for the . better protection of the agricultural and horticultural interests of the county of Atlantic.*' 517 340. A further supplement to the act entitled **An act to revise and amend the charter of Atlantic City,** approved March thirteenth, eighteen hundred and sixty-six 5 1 8 341. A further supplement to an act entitled *'An act to improve Paterson avenue, from the westerly line of the Paterson plank road to the Secaucus road, and the Secaucus road from Paterson avenue to Pen Homes Creek, in tho county of Hudson,** approved April first, eighteen hundred and sixty-nine 519 342. An act to authorize the inhabitants of the road districts in the township of Holmdel, in the county of Monmouth, to elect their overseers 521 343. Supplement to *' An act concerning roads in the township of Palisades, in the county of Bergen,** approved March twenty- second, eighteen hundred and seventy-five 521 350. An act to provide for sewerage and drainage, and for intro- ducing pure water in the township of Englewood, county of Bergen 522 353. An act to prevent horses, mules, cattle, sheep, goats and swine from running at large in the township of Centre, in the county of Camden 536 354. An act to revise, consolidate and amend the act entitled '*A further supplement to the act entitled * An act to create a new township in the county of Union, to be called the township of Cranford,* ** approved March fourteenth, one thousand eight hundred and seventy- one, and the acts supplemental thereto or amendatory thereof 538 355. A supplement to the act entitled ''An act to divide the township of Manchester, in the county of Passaic, and establish a new township, to be called the township of Wayne,** approved February tenth, one thousand eight hundred and forty-seven 544 356. A supplement to an act entitl<>d *'An act to reorganize the local government of the township of West Hoboken,** passed March twenty-seventh, one thousand eight hundred and seventy-four 545 357. An act to repeal an act entitled *'A further supplement to an act entitled 'An act to regulate elections," ** approved April sixteenth, one thousand eight hundred and forty-six, approved March twentieth, one thousand eight hundred and seventy-three 547 662 CONTENTS. Chap. Page 358. An act to authorize the yoters of the township of Brick, in the ooantj of Ocean, to elect their overseers of highways by districts ^ .. 547 359. An act to anthorize Franklin School District, in the town ship of Franklin, Essex county, New Jersey, to issue bond^ or mortgage their real estate to build a school house 549 i 360. A further supplement to an act entitled ^'An act to author- ize the Mayor and Comnoa Comictl of the city of New- ark to purchase the property of the Newark Aqueduct Company and creating the Newark Aqueduct Board.**. . . 551 361. A further supplement to an act entitled **An act to author- ize the ditching and draining of the bog and fly meadow in Morris county," passed February twentieth, eighteen hundred and c'leven 552 362. A further supplement to the act approved April fourth, one thoustind eight hundred and seventy-two, entitled ** An act to improve Bull's Ferry Road, in Hudson county, from the northerly line of the township of Weehawken to the Hac ken sack Plank Road, and also the Branch Road leading from BuIPs Ferry Road, opposite Weehawken street, in the town of Union, to Nineteenth street, in the township of Weehawken.'* 553 363. An act to renew, validate and confirm the appointment and U official acts of John V. £. Fredericks, as a commissioner of the fourth ward of the city of Paterson, to take the acknowledgments and proofs of deeds and other instru- ments of writing 562 364. A further supplement to " An act to reorganize the local government of Jersey City,*' passed March thirty-first, eighteen hundred and seventy-one 563 374. An act to repeal '*An act to provide for free roads between Newark and Jersey City 564 375. A further supplement to the act entitled ** An act to revise and amend the charter of the town of Phillipsburg," ap- proved March eighth, one thousand eight hundred and seventy -five 564 376. An act to legalize Book Number 223 of Deeds, of Mon- mouth county 566 388. A supplement to the Public School Law. An act to enable School District Number Nineteeu. in the township of Gloucester, county of Camden, state of New Jersey, to raise by tax and loans the money necessary to build a public school house within said district 567 389. An act to amend an act approved March thirty-first, eighteen hundred and seventy-five, entitled '*A further supplement to the act entitled * An act to reyise and amend the charter of the city of Newark,' " approved March eleventh, eighteen hnndredand fifty-seven 568 i CONTENTS. . 663 Chap. Page 394. Supplement to an act entitled '*An act incorporating the West Jersey Game Protective Society." 569 395. An act to amend an act entitled ''An act to incorporate the city of Passaic," approved April second, eighteen hun- dred and seventy-three 570 396. A supplement to *'An act regulating procedure in criminal cases/' approved March twenty -seventh, eighteen hun- dred and seventy-four 577 397. An act to prevent injury to roads 577 398. An act to protect bridges in the county of Passaic 578 399. An act in relation to the lighting of streets in the township of Montclair, in the county of Essex 579 400. An act to appoint commissioners to superintend the drain- ago of certain lands lying in the townships of Millburn, Union and Springfield^ in the counties of Kssex and Union 580 401. A further supplement to the act approved April foarth, one thousand eight hundred and seventy-two, entitled ** An act to improve Bergen Line Road in Hudson countv." 582 402. An act relating to water pipes in the city of Jersey City . . 585 403. A further supplement to an act entitled **An act to revise and amend the charter of the town of Phillipsburg/' approved March eighth, one thousand eight hundred and seventy-two 586 404. An additional supplement to ^^An act to provide for the more efficient government of the city of Ttenton," ap- proved March nineteenth, one thousand eight hundred and seventy-four 590 405. A supplement to the act entitled ^'An act for the laying out of public roads in the township of Caldwell," ap- proved March twenty-sixth, eighteen hundred and seventy-four 591 406. An act to legalize the road meeting in District Number One, held in the township of Downe, in the county of Cumberland, March sixth, anno domini one thousand eight hundred and seventy-five 594 407. An act to provide for the inspection of gas and the inspec- tion and sealing of gas meters, and for tiie protection of consumers of illuminating gas, in the city of Newark, in Essex county •••••••.• 595 408. Supplement to an act entitled *'An act to reorganize the local government of the township of West Hoboken," passed March twenty-seventh, one thousand eight hun- dred and seventy-four • .•••• 600 409. A supplement to an act entitled *'An act for the improve- ment of Karitan," approved April third; eighteen hundred and sixty-eight 607 664 CONTENTS. Chap. Page 410. A supplement to an act entitled ''An act to revise and amend the charter of the city of Elizabeth," approved March fourth, A. D. one thousand eight hundred and sixty three, and the several supplements thereto 606 411. An act to amend an act entitled *'A further supplement to an act entitled *An act to revise and amend the charter of the village of South Orange, in the county of Essex, and the several supplements thereto,** passed March twenty- fourth, one thousand eight hundred and seventy-five 609 412. An act to authorize the mayor and council of the city of Hoboken to issue and sell Hoboken city bonds for the purpose of building a school house in said city, and for other purposes 610 413. A supplement to an act entitled ''An act to incorporate the city of Hoboken," approved March twenty -eighth, one thousand eight hundred and fifty -five 611 414. A further supplement to an act entitled '*An act to incor- porate the town of Guttenburg, in the county of Hudson/* approved March ninth, one thousand eight hundred and fifty-nine 612 415. A supplement to an act entitled **An act to authorize the President and Directors of the Trenton Water Works to convey their works and franchises to the city of Trenton, and to provide for the management of said works.** 620 416. An act to provide for the continuation of the Ravine road sewer in the city of Jersey City and city of Hoboken 621 417. A further supplement to an act entitled **An act to incor- g orate the firemen of the city of Elizabeth,*' approved larch twenty -fifth, one thousand eight hundred and sixty- three .••• 626 430. A further supplement to the act entitled **An act to provide for the mere efficient government of the city of Paterson,** approved March twenty-third, eighteen hundred and sev- enty-one 627 431 . An act to facilitate the collection of school tax in the town- ship of Randolph, in the county of Morris 628 432. An act to ^x the salaries of Prosecutor of the Pleas of the counties of Cumberland and Cape May 629 433. An act to amend an act which was approved on the twelfth of March, eighteen hundred and seventy-four, entitled **A further supplement to the act entitled *An act to revise and amend the charter of the city of New Brunswick,' *' approved March eighteenth, eighteen hundred and sixty- three w 690 434. A supplement to ''An act for the transcribing of certain deeds and other official records relating to lands now in the county of Passaic," approved February twenty- seventh, eighteen hundred and seventy-three 632 CONTENTS. 665 Chap. Page 445. A supplement to an act entitled **An act to reorganize the local government of Jersey City,*' passed March thirty- first, one thousand eight hundred and seventy-one 633 446. An act to amend an act approved March twenty -fifth, eighteen hundred and seventy-five, and entitled *^A fur- ther supplement to an act entitled *An act concerning taxes/ " approved April fourteenth, one thousand eight hundred and forty-six 634 451 . A further supplement to an act entitled ''An act to reor- ganize the local government of Jersey City." 636 452. A supplement to an act entitled ^*An act to revise and amend the charter of the city of Elisabeth," approved March fourth. Anno Domini one thousand eight hundred and sixty-three, and the several supplements thereto 6i^ 453. An act to adjust unpaid assessments in the city of Pat- erson 639 454. An act to further amend an act entitled *'An act to provide for the more efficient government of the city of Pater- son," approved March twenty-third, one thousand eight hundred and seventy -one 643 43 •i "»" ■-• " -T- ^^r .-. INDEX. ■ t K ac 1 INDEX TO SPECIAL PUBLIC LAWS. Page AbsecoD, town of — supplement to aot to incorporate 192 Aoknowledgments and proofs of deedsyetc, by Jacob Hitchner — act to confirm. 252 J. H. VanCleef, H. A. Bodine, C. D. Jenkins, C. H. Runyon and G. Ber- dine — aot to confirm 413 Agrioaltural and horticaltural interests of Atlantic — supplement to act for the better protection of 517 AppoiDtment of J. V. £. Fredericks as commissioner of foui*th ward of Paterson — act to confirm 562 Assessments for taxes in Beverly City — act relative to 400 Elizabeth, act relative to 637 East Orange, Essex county — act rela- tive to 201 Franklin township, Essex county, act relative to 196 Middlesex county and New Brunswick city, act relative to.... 384 Newark city, supplement to act rela- tive to 455 Orange, Essex county , act relative to. 399 Paterson, act to adjust unpaid 639 Phillipsburg, Warren county, act rela- tive to 586 School District Number Forty-eight, of Warren county — act relative to . . 444 South Orange, Essex county — act rela- tive to 395 Trenton, act relative to 590 670f . INDEX. Page Aeaooiation, The Peter R. Winter BeneTolent — act legalizing sale of lands by to Washington, Warren county.. 203 ABSOciations, Mutual Building and Loan — supplement to aot to encourage establisnment of 247 Aqueduct Board, the Newark — supplement t^> act creating 551 Company, the Haokettstown — supplement to act au- thorizing conveyance of works and franchises of to town of Hackettstown 422 Atlantic City — supplement to act to revise and amend charter of (relative to debt and election of officers) 518 county, agricultural and horticultural interests of — sup- plement to act for the better protection of. 517 Auditor of Essex county — act creating and authorizing appoint- ment of. 460 A.veiiue, Paierson — supplement to act for improvement of. ..... 518 Rutherford, in Union township, Bergen county — act relative to costs in improvement of 270 B Bayonne City, Hudson county — supplement to act revising act to incorporate 340 repeal of supplement to aot revising act to incorporate, of March 22, 1874 342 Belleville Township, Essex county — act authorizing collector of to pay certain taxes to collector of Franklin township 190 Belvidere, Town of — supplement to act incorporating 4S3 Berdine, George — aot to confirm acknowledgments and proofs of deeds, &c. by 413 Bergen county, Prosecutor of Pleas of — act fixing salary of. . . 2d8 Roads in, leading from steep rocks of the Pal- isades— act to prevent injury to 577 Line Road in Hudson county — supplement to act to improve 5^ Wood Road, Hudson county — supplement to act to improve 256, 386 Berkeley Township — act setting off. from Dover 430 Beverly City — supplement to act to incorporate 406 Board, Aqueduct of Newark — supplement to act creating 551 of Chosen Freeholders of Cumberland county — act au- thorizing to issue bonds. . . 405 Essex county — act authoriz- ing to appoint auditor 460 Hudson county — act to reor- ganize 324 Passaic county — supplement to act authorizing to vacate turnpikes 442 INDEX. 671 Page Board of Chosen Freeholders of Middlesex coantj — act aa- thorizing to borrow money' and issae bonds . . , 437 Education of the City of Camden — supplement to act to incorporate 178 In School District Number One of North Brunswick — supplement to act author- izing election of 180, 343 in Boonton, Morris county — act to estab- lish 258 of Orange, Essex county — act fixing term of , 399 Excise Commissioners for Newark — act creating 425 of Township Committee, of Kearney, Hudson county-^ act relative to 186 Bodine, Humphrey A. — act to confirm acknowledgments and proofs of deeds, &:o. by 413 Bog and Fly Meadow in Morris county — supplement to act au- thorizing ditching and draining of. 439, 552 Bonds — ^act authorizing issue by Bayonne city 340 Board of Freeholders of Cum- berland county 405 Board of Freeholders of Mid- dlesex county 437 Common Council of Hacketts- town 422,469 Franklin School District of Franklin township 549 Freehold township 184, 403 Hoboken (mayor and council of) 610 Newark Aqueduct Board 551 City 566 Phillipsburg Common Council. 586 Rahway City 351 Trustees of School District Number Forty-eight of War- ren county 443 Trustees of School District N umber Seven of Freehold . . 461 Water Commissioners of £n- glewood Township 522 issued by city of Elizabeth — act relative tor 289 Linden Township — act relative to 454 Trenton, under act relative to purchase of Water Works — supplement to act relative to 255 supplement to act authorizing issue by Camden Board of Education 178 Dover, Morris county 175 672 INDEX. Bonds — sapplemeot to aot authorizing issue by Newton, Sus- sex county . . 173 North Bruns- wick Board of Education 180 legalizing issue by Trenton 1 83 Book Number Two Hundred and Twenty-three of deeds of Monmouth county — act to legalize 566 Boonton, Morris county — act to enlarge School District and establish Board of Education in 258 Borough of Haddonfield, Camden county — aot to incorpor- ate 334, 390 Princeton — supplement to act to reylse charter of (relative to exemptions from taxation) 389 Brick Township, Ocean county — act authorizing election of overseers of highways in. 547 repeal of act authorising to vote by ballot 333 Bridges in Passaic county — act to protect 578 Bridgeton City — act to revise and amend charter of 354 Building Asdooiations, Mutual Loan and — supplement to aot to encourage establishment of. 247 Buirs Ferry Road, Hudson county — supplement to act to improve 302, 553 o Caldwell Township, public roads in — supplement to the act for the laying out of 591 Camden City, Board of Education of — supplement to act to in- corporate « 178 County — act constituting two or more Common Pleas Judges of, a General Court of Quarter Sessions 577 to establish office of Register of Deeds and Mortgages in 285 Cape May City — aot to legalize election of city officers, held 19th March, 1875 331 revise charter of 206 County — aot fixing salary of Prosecutor of Pleas of, tJ29 Cattle running at* large — act extending provisions of act to pre- vent to Raritan township 417 in Centre township, Camden county — aot to prevent 536 Weymouth township, Atlantic coun- ty^aot exempting owners of from certain penalties 517 Cemetery, the Hoboken — act making Mayor of Hoboken mem- ber of board of trustees of 611 INDEX. 673 Page Centre Township, Camden County— ^act to prevent cattle run- ning at large in 536 Cession of the Newark and Clinton Plank Boad Company to Newark city and Clinton township — act providing for the 183 Charter of Atlantic City — supplement to .^ 518 Bel videre — supplement to 433 Beverly — supplement to 406 Bridgeton — act to revise and amend 354 Cape May City — act to revise 206 construe revision of 331 Elizabeth City — supplement to revision of 289, 637 (relative to licenses) 608 Guttenburg — supplement to 612 Haokettstown — supplement to 460 Harrison — supplement to 446 Hoboken — supplement to 456 Jersey City — supplement to 563, 633, 636 Newark — supplement to revision of 249, 425, 457, 466, 568 New Brunswick — supplement to 630 Orange — supplement to revision 390, 399, 460 Passaic City — supplement to 570, 627 Paterson — supplement to 424, 643 Phillipsburg — supplement to 564, 586 Princeton borough — supplement to revision of. 389 Rah way City — supplement to revision '351 South Orange — supplement to revision 395, 609 Trenton — supplement to (relative to paving and grading) 344 (relative to taxes) 590 West Hoboken — supplement to 545, 600 Chosen Freeholders of Cumberland County — act authorizing Board of to issue bonds 405 Hudson County — act to reorganize the Board of, and fix salaries of 324 Middlesex County — act relative to pub- lication of an- nual statement. 308 authorized to bor- row money and issue bonds 437 Passaic County — supplement to act authorizing to vacate turnpikes 442 — supplement to act to incorporate in the several counties 308, 460 Clinton Township, Essex County — supplement to act authoriz- ing to appoint receiver of taxes, and for other pur- poses 188 674 INDEX. Clerk of Commoo Council of Town of Belvidere — act author- jzins election of. 433 Grand Jury of Mercer County — act fixing salary of.. 417 Collection of Taxes in Randolph Township — act to facilitate collection of School Tax 628 Stockton Township, Camden County — act to facilitate 381 Collector of Belleville Township, Essex County — act author- izing to pay certain taxes to Collector of Franklin Township , 190 Commission, the Long Branch Police, Sanitary and Improve- ment—supplement to act to establish 477 Commissioner of Streets of Hackettstown — act creating and regulating appointment of 476 Commissioners to carry out provisions of act for ditching and draining Bog and Fly Meadow — act ap- pointing 552 superintend drainage of lands in Millburn, Union, and Springfield, in Essex and Union Counties — act appointing 580 Water — act providing for election of, in Engle- wood Township 522 to rerun and survey lines of Wayne Township — act appointing 544 Common Council of Atlantic City — act fixing number of....... 518 Beverly City — act regulating meetings and organization of 4ii6 Hoboken — act fixing number and term of. . 456 Councilmen of Hackettstown — act prohibiting their taking contracts for work in said town 469 Pleas Judges of Camden County — act constituting two or more a General Court of Quarter Sessions 577 Constables, election of in Middletown, Monmouth County — act authorizing 253 Crabs in North and South Shrewsbury Rivers — act for preserva- tion of. 170 Cranford Township, Union County — act to revise supplement to act creating 538 Creek, Rancooas — supplement to act relative to fishing in 171 Criminal Procedure — supplement to act regulating (constituting two or more Judges of the Common Pleas of Camden County a Court of General Quarter Sessions) 577 Cumberland County — act authorizing Board of Chosen Free- holders of to issue bonds 405 fixing salary of Prosecutor of Pleas of G29 lis DEX. 076 D Page Debt of Atlantio City — act limiting 518 Dedioating lands of New Jersey to Trenton for a publio street — aot for 331 Deeds and other instruments — aot to oonfirm acknowledgment and proof of, by J. H. Van Cleef, H. A. Bodine, C. D. Jenkins, C. H. fiunyon, and George Berdine. 413 act to confirm acknowledgments of by Jacob Hitchner 252 mortgages — act establishing office of register of, in Camden county » S^85 other official records relating to lands now in Passaic county — act for transcribing 632 book of, No. 223, of Monmouth county — act to legalize. 566 Delaware township, Hunterdon county — act authorizing inhab- itants of to vote by ballot at town meetings . . . « 464 Director of Board of Freeholders of Hudson county — act pro- viding for election of, at large, and fixing salary of. 324 Directors of Poor Farm in Lebanon township, Hunterdon county — act providing for appointment of, and regu- lating their powers 414 Ditching and draining of bog and fiy meadow in Morris county — supplement to act to authorize 439, 552 Dover, Morris county — supplement to act to incorporate (au- thorizing council to issue bonds) 175 Drainage in Englewood township — act to provide for 522 Millburn, Union and Springfield townships — act to appoint commissioners to superintend 580 Draining and ditching of bog and fiy meadow in Morris county — supplement to act to authorize 439, 552 E East Orange, Essex county, assessment and collection of taxes in — act relative to 20! Education, Board of. of the city of Camden — supplement ta act to incorporate 178 Election of city officers in Cape May — act to legalize 331 Common Council in Hackettstown — act changing and regulating 469 Director of Board of Freeholders of Hudson county — act providing for. 324 Justices of the Peace in Beverly city — aot pro- viding for 406 Overseers of Poor in town of Belvidere — act rela- tive to 433 676 INDEX. Page Election of Overseers of Roads in Briok township, Ocean coun- ty, by districts — act author- izing 547 Holmdel township, by dis- tricts— act providing for. . 521 Jackson township. Ocean county, by districts— act authorizing 386 Linden township, Union county, by districts — act authorizing 453 Register of Deeds and Mortgages in Camden county — act providing for 285 Trustees in School District Number One, of North Brunswick — act regulating 343 Water Commissioners in Englewood township — act providing for 522 Elections in Berkeley township — act regulating 430 Delaware township — act relative to (authorizing voting by ballot at town meetings) 464 Downe township for road officers, held March sixth, eighteen hnndred and seventy-five — act legal- izing 594 Franklin township, Essex county — act relative to. 196 Haddbufield borough, Camden county — act rela- tive to 334 Hopewell township, Mercer county — act relative to 418 Orange, Essex county — act regulating 390 Phillipsburg, Warren county — act regulating.... 564 Scotch Plains — act providing for and regulating.. 463 — supplement to act to regulate 418 (repealing supplement of April sixteenth, eighteen hundred and forty-six) 547 Elizabeth City — supplement to act to revise charter of 289 incorporate the firemen of 626 (relative to licenses in).. 608, 637 Englewood township — act to provide for sewerage and drainage, and for introducing pure water in .^22 provision relative to road districts in. . . . 321 Essex county, Auditor of — act authorizing appointment of, by Chosen Freeholders 460 Chosen Freeholders of, authorized, to appoint County Auditor 460 i'udicial proceedings in — act to facilitate 283 (oad Board in — supplement to act constitu- ting 292, 420, 453 Exemptions from taxation — act relative to in Princeton borough 389 exempting bonds issued by Trus- tees of School District Number Forty-eight, of Warren county 443 INDEX. 677 Page Excise CommisBlonerB — act creating Board of, for the city of Newark 425 F Fees of Prosecutor of Pleas of Hudson county — act relative to 195 Fire Department, the Plainfield — supplement to act to incor- porate 169 of West Hoboken — act providing for govern- ment of 545 Engine Companies of Hoboken — act authorizing increase of mombers of 343 House and apparatus at Flemington — act author- izing commissioners of town to purchase and hold 468 Firemen of Elizabeth City — supplement to act to incorporate . . 626 Fish, Game — supplement to act to amend and consolidate act concerning 171 in the Raritan river and its tributaries — act for the better • protection of. 299 Flemington — supplement to act for improvement of (authoriz- ing purchase of site of fire engine house and to hold title of fire apparatus) 468 Fort Lee, Bergen county — act to establish free school at 347 Franklin School District, in Franklin Township — act authoriz- ing to issue bonds 549 Township, Essex county — supplement to act setting off from Belleville 1 96, 294 Warren county — act to change time of holding town meetings in 246 Fredericks, J. V. E. — act to confirm appointment and official acts of as Commissioner of the Fourth Ward of Pat- erson 562 Freehold, Monmouth county — supplement to act for improve- ment of 184 act authorizing Township Com- mittee to borrow money 403 School District Number Seven in. Trustees author- ized to sell and buy school property 461 Free Public Schools — act to establish at Ridgefield, Ridgefield township, Bergen county 280 Fort Lee, Bergen county 347 a Game and Game Fish — supplement to act to amend and consol- idate acts concerning 171 678 INDEX. Game in Camden, Gloucester, Atlantic, Salem, Cumberland and Cape Ma/ counties — act relative to 569 Protective Society, the West Jersey — supplement to act incorporating 569 Gas and Gas meters, inspection and sealing of in Newark — act providing for 595 Gloucester County — act fixing salary of Prosecutor of Pleas of 41 1 Township — act authorizing School District Number Nineteen in, to raise by tax and loan money to build school house • 567 Grand Jury of Mercer county — act fixing salary of Clerk of... 417 Guttenburg — supplement to act to incorporate town of 612 Hackettstown — act adding part of Mansfield to 439 authorizing building of school house in 443 Aqueduct Company — supplement to act author- izing conveyance of works and franchises of, to the town of Hackettstown 422 — supplement to charter of 469 Haddonfield, borough of, Camden county — act to incorpor- ate ' 334, 390 Harbor Masters and Inspectors — supplement to act to appoint (applying to the entire county of Hudson) 409 Harrison — supplement to act to revise and amend charter of town of. 446 Hawkers, pedlars, and petty chapmen — supplement to act rela- tive to (making license in Hudson county $100).... 452 Hitchner Jacob — act confirming acknowledgments and proofs of deeds by 252 Hoboken Cemetery — act making Mayor of Hoboken a member of the board of trustees of 611 City — act authorising Mayor and Council to issue bonds for school purposes 610 providing for the continuation of the Ravine road sewer 621 supplement to act incorporating (authorizing in- crease of members oi fire engine companies) 343 — (making Mayor trustee of cemetery) 611 — (fixing number of councilmen and regula- ting police force) 456 Holmdel township— act authorizing inhabitants of to elect road overseers 521 Hopewell township — act dividing into two election districts, and regulating elections in 418 Horticultural interests of Atlantic county — supplement to act for better protection of. 517 Hudson county — act reorganizing Board of Chosen Freeholders of 324 INDEX. 679 Page Hudson Coantj — act regalating license fee of hawkers, pedlars and petty chapmen in 452 • I Incorporating borough of Haddonfield, Camden county — act for 334 town of Union, Hudson county — supplement to act 246 village of Irvington, Clinton township, Essex county — supplement to act 322 Inhabitants of townships — supplement to act incorporating, and designating their powers, etc 182 Inspection of gas in Newark — act providing for 595 Inspector of gas in city of Newark — act authorizing appoint- ment of. 595 Instruction, public — supplement to act establishing a system of. 300, 309 Irvington, Essex county — supplement to act incorporating 322 J Jackson Turnpike, Ocean County — act authorizing and regulat- ing election of Overseers of Roads by districts in... 386 Jenkins, Charles D . — act to confirm acknowledgments and proofs * of deeds by 1.... 413 Jersey City, Ravine road sewer in — act providing for oontinu ance of....« 621 and Bergen Point Plank Road CiMnpany — supple- ment to act incorporating 410 — supplement to act to reorganise local govern- ment of 56), 633, 636 Water Works, Reservoir No. 3, of— act relative to 393 Pipes in — act relating to 585 Judge, Presiding of Essex Common Pleas — act fixing salary of, 283 Judicial Proceedings in Essex County — act to facilitate 283 Mercer County — act to facilitate 417 Passaic County — supplement to act to facilitate 177,254 Justice of the Peace in Atlantic City — act providing for elec- tion of 518 Beverly City — act providing for elec- tion of 406 Kearney Township, Hudson County — supplement to act for im- provement of 186 680 INDEX. Page Lands in School District No. 72, Morris County — act confirm- ing title of in Trustees and aathorizing them to sell J and convey the same 415 * now in PasHaio County — act for the transcribing certain deeds and other official records relating to 6^32 Landis Township, Cumberland County — supplement to act creating 408 Lebanon Township, Hunterdon Coanty — act authorizing Town- ship Committee of to purchase farm for support of poor, or to contract for keeping the poor. 414 Legalizing Book No. 223 of Deeds, of Monmouth County — act for 566 Election of officers in Cape May City held nineteenth March, eighteen hundred and seventy-fiTe 331 issue of bonds by Trenton — supplement to act 183 Road Meeting in District No. 1, Downe Township, Cumberland County — act for 594 sale of lands by Peter R. Winter Benevolent Asso- ciation to Washington, Warren county 203 Licenses in Belvidere — act relative to fees for (to be paid into treasury of town) 434 Elizabeth City — act relative to 608 Hackettstown (of billiard saloons) — act relative to, 469 Hudson County — act relative to hawkers, peddlers. and petty chapmen in 453 Newark City — act regulating (creating Excise Com- missioners) 425 ■ Orange, Essex Coanty — act providing for and regu- lating 401 Lighting of Streets in Montdair Township, Essex County — act in relation to .', 579 Linden Township— supplement to act establishing (relative to election of Overseers of Highways, and for other purposes) 453 Loan and Building Associations, Mutual — supplement to act to encourage establishment of. 247 Loans made and bonds issued by City of Trenton — supplement to act to legalize 183 Long Branch — act providing for the erection of school buildings and establishing a graded school in 309 Sanitary and Improvement Commission — supple- ment to act to establish 477 INDEX. 681 M Page Mansfield Township, Burlin^rton county — repeal of acts oon- oeming roads in.. 205 Warren county — act setting off part of to Hackettstown 439 Mayor and other officials of Beverly City — act regulating terms of 406 Meadow, Bog and Fly in Morris county — supplement to act au- thorizing ditching and draining of 439, 552 Mercer county — act to facilitate judicial proceedings in (fixing pay of Clerk of Grand Jury) 417 act providing for advertising toi proposals for work on roads in certain cases 434 Middlesex County — act authorizing Freeholders to borrow money and issue bonds 437 fixing salary of Prosecutor of the Pleas of 411 relative to publication of annual state- ment of Chosen Freehold- ers of. 308 assessments for taxes in . . . 384 taxes in (releasing county from payment of certain taxes) 392 Middletown Township* Monmouth county — act to authorize election of constables in 253 Milbum Township — act to appoint commissioners to superin- tend drainage of lands in 580 MoDmonth County, Book No. 223 of deeds of — act to legalize. . 566 Usury in — act to prevent 248 Montclair Township, Essex county — act relative to School Dis- trict Number Eight in (regulating election of Trustees) 388 in relation to lighting streets of 579 Mataal Loan and Building Associations — supplement to act to encourage the establishment of 247 Newark and Clinton Plank Road Company — act to provide for cession of to Newark city and Clinton township 183 Aqueduct Board — supplement to act creating 551 Mayor and Common Council of — authorizing to pur- chase property of Aqueduct Company — supplement to act 551 44 682 INDEX. Page Newark City — supplement to charter of 249 (creating Board of Excise Com- miflsioners 425 (aathorizing issue of bonds). . . . 466 act relative to assessment and revision of taxes in 455, 457 authorizing issue of bonds by 466 providing how actions for violations of city charter may be brought 568 for inspection of gtis and sealers of gas meters, and for protection of gas consumers in 595 New Brunswick City — act relative to assessments for taxes in 384,634 Water Commissioners of 630 School District Number One — supplement to act authorizing inhabitants to elect Board of Education 180 Newton, Sussex county — supplement to act authorizing town of to issue bonds 173 North Bergen Township, Hudson county — act concerning roads in... 295 supplement to act to divide 298 Brunswick — supplement to act authorizing School Dis- trict Number One in to elect Board of Education . .180, 343 o 0£Bcers of Beverly City — act authorizing appointment of by Common Council 406 Orange, Town of — act relative to sale of ale, 6co. and licenses in 399 Board of Education in — act fixing term 399 — supplement to act to revise and amend char- ter of. 390,399,460 Overseers of Poor in Belvidere — act providing for election of by Mayor and Council 433 Roads in Brick Township — act providing for elec- tion of. 547 Districts Numbers One and Two of Rari- tan township — act authorizing election of by inhabitants 179 Holmdel Township — act providing for election of .• 521 Jackson Township, Ocean county — act authorizing election of by Districts. . . 386 INDEX 683 Page Overseers of Roads in Linden Township — act providing for elec- tion of. 453 act authorizing taxpayers to notify them that roads are not in good order 348 i> Palisades township, Bergen county — act concerning roads in (creating road districts and new board of com- missioners) 310 park in — act providing for acceptance of lands for 310 — supplement to act con- cerning (construing sec- tion sixth, of act of March twenty-two, eigh- teen hundred and seven- ty-five) 521 Park in Palisades township, Bergen county — act providing for acceptance of lands for 310 Passaic city — act to amend act to incorporate 570 county, bridges in — act to protect 578 judicial proceedings in — supplement to act to facilitate 177, 254 Paterson avenue — supplement to act for improvement of 519 city, unpaid assessments in — act to adjust 638 — supplement to charter of, (authorizing adjourn- ment of tax sales).. 424 (relative to unpaid taxes) 627 (amending sections).. 643 Peddlers in Hudson county — act relative to license fee of 452 Perry street, in Trenton — act dedicating lands of New Jersey to be used as part of, 331 Peter R. Winter Benevolent Association- -act to legalize sale of lands by, to borough of Washington, Warren county 203 Petty chapmen in Hudson county — act relative to license fee of 452 Pequannock township — act amendatory of act to authorize in- habitants of school district in, to raise money for school purposes 258 Phillipsbarg — supplement to act to revise and amend charter of 564 (in relation to taxes in) 586 Plainfield fire department — supplement to act to incorporate. . . 169 township, School District Number One, in — author- ized to raise money 176 — supplement to act authorizing, to repair roads, etc., in 441 , Plank Road Company, the Jersey City and Bergen Point — sup- plement to act to incorporate 410 684 INDEX. Page Plank Road Company, the Newark and Clinton — act providing for cession of, to Newark Citj and Clinton township 183 Plymouth street in Jersey City — act vacating 459 Police force of Haokettstown — act relative to appointment of. . 469 Hoboken — act regulating, etc 45& Sanitary and Improvement Commission — supplement to act to establish the Long Branch 477 Poor of Lebanon township, Hunterdon county — act authorizing purchase of farm for, etc 414 Preservation of crabs in North and South Shrewsbury river — act for the 170 sheep in Upper Pittsgrove, Salem county — ^act for the 404 Princeton Borough — supplement to act to revise charter of, (relative to exemption from taxes) 389 Prosecutor of Pleas of Bergen county — act fixing salary of. . . 288 Camden county — act fixing salary of. . 436 Cape May and Cumberland couaties — act fixing salaries of 629 Essex county, assistant of — act fixing salarjr of. 283 — act fixing salary of 283 Gloucester county — act fixing salary of 411 Hudson county — act respecting com- pensation of. 195 Middlesex county — act fixing salanr of. 41 1 Salem county — act fixing salary of. 322 Somerset county — act fixing salary of.. 412 Sussex county — act fixing salary of... . 287 Union county — act fixing salary of 438 Warren county — act fixing salary of. . 462 Protection of agricultural and horticultural interests of Atlan- tic county — supplement to act for better 517 consumers of illuminating gas in Newark — act providing for • 595 fish in the Raritan river and tributaries — act for the better 299 Public Instruction — supplement to act to establish a system of 300, 309, 423 Road Board in Essex county — supplement to act con- stituting 292, 420, 458 School law — supplement to, (to enable School District Number Nineteen, in Gloucester township, to raise money) •••• 567 Q Quarter Sessions of Camden county — act constituting two or more Common Pleas Judges of a general court of.. . 577 I INDEX. 685 R Page Rahway City — supplement to act revising and amending charter of (relative to improvements and assessments therefor) 351 Ranoooas Creek — supplement to act relative to fishing in 171 Randolph Township, School Tax in — act to facilitate collec- tion of... 628 Raritan River, Fish in — ^act for the better protection of. 299 Town of — supplement to act for improvement of (rela- tive to removal of slaughter houses and abatement of other nuisances) 607 Township — act authorizing inhabitants of Road Dis- tricts Nos. 1 and 2 in, to elect road overseers 179 extending provisions of act to prevent cattle runninr at large to 417 Ravine Road Sewer in Jersey City and Hoboken — act providing for continuance of 621 Receiver of Taxes of Clinton Township, Essex County — sup- plement to act authorizing appointment of 188 Register of Deeds and Mortgages in Camden County — act to esUblish office of 285 Repeal of act authorizing Brick Township, Ocean County, to vote by ballot 333 concerning roads in Mansfield Township, Bur- . lington County 205 providing for free roads between Newark and Jersey City 1 564 providing for Transcript of Deeds, Mortgages, &c., in Union County 469 section 12 of supplement to charter of Belvidere, passed 10th March, 1869 434 supplement to act revising act incorporating Bay- onne City, approved March 22^ 1874 342 creating Cranford Township, of March 14 and March 18, 1873 —act to 538 regulating elections, of April 16, 1846 547 Reservoir Number Three of Jersey City Water Works — act relative to 393 Revision of act incorporating Atlantic City — supplement to... 518 Bayonne City, Hudson County — supplement to 340 Bridgeton City 354 Cape May City 2j6 (act to construe) 331 686^ INDEX. Revision of act incorporating Elizabeth Citj — supplement to.. 289,608 Harrison — supplement to 44() Orange, Town of — supplement to 390,399, 460 Newark City — supplement to. . 249, 425, 455. 457, 4G6, 568 New Brunswick — ^supplement to.. 630 Passaic City — supplement to 570 Phillipsburg— supplement to. 564, 586 Princeton Borough — supplement to 389 Rahway City — supplement to. . . 351 South Orange — supplement to.395, 609 Trenton City — supplement to... 344 Ridge Road, Union township, Bergen county — act relative to costs for improvement of 270 Ridgefield, in Ridgefield township. Bergen county — aet to es- tablish free public schools at 280 Road, Bergen Line in Hudson county — supplement to act to improve 582 Wood, Hudson county — supplement to act to improve 256, 386 Bull's Ferry, Hudson county — supplement to act to improve 302, 553 Ridge, Bergen county — act relative to costs for improve- ment of 270 Board of Essex county. Public — supplement to act con- stituting 292, 42(1,458 Districts Numbers One and Two in Raritan township — act authorizing inhabitants of to elect road overseers 179 in North Bergen township, Hudson county — act relative to 295 Englewood Township, Bergen county — ^pro- vision relative to road districts in 32] Palisade Township, Bergen county — act creating 310 Meeting in District Number One, held in Downe township — act to legalize 594 Roads — act to prevent injury to 577 Free between Newark and Jersey City — repeal of act to provide for 564 — supplement to act concerning, (authorizing taxpayers to notify overseers of highways that roads are in bad order) 348 (Proposals for work on roads in Mercer county to be advertised for in certain cases) 434 Striiiing word * -Warren" from supplement of April sixteenth, eighteen hundred and forty-six . 4oo INDEX. 687 Page Roads — in Mansfield Township. Burlington county — repeal of aot oonceming 205 Plainfield Township, Union oountj — supplement to act authorizing opening and repairing 441 North Bergen township, Hudson county — aot con- cerning 295 Palisades Townships-supplement to act con- cerniniC 310, 521 Upper Penns Neck, Salem county — act to regulate building and repairing of..... 253 Caldwell Township — supplement to act for laying out 591 Overieers of in Jackson Township, Ocean county — act authorizing election of by Districts 386 Ranyon, Charles H. — act to confirm acknowledgments and proofs of deeds, dec, by • 413 Ratherford Avenue, in Union township, Bergen county — act relative to costs in improvements of... 270 s Salaries of Chosen Freeholders of Hudson county — act fixing.. 324 Salary of Clerk of Grand Jury of Mercer county — aot fixing. 417 Director of Board of Chosen Freeholders of Hud- son county — act fixing 324 Presiding Judge of Essex Common Pleas — act fixing 283 Prosecutor of Pleas of Bergen county — act fixing . . 288 Camden county — act fixing. 436 Cape May and Cumberland counties — act fixing 629 Essex county— act fixing... 283 assistant — act fixing 283 Gloucester county — act fix- ing 411 Middlesex county — act fix- ing 411 Salem county — act fixing... 324 Somerset county — act fixing 412 Sussex county — act fixing.. 287 Union county — act fixing... 438 Warren county — act fixing. 462 Salem County — act fixing salary of Prosecutor of Pleas of — . 322 School District Number One in Plainfield township — supplement to act authorizing inhabitants to raise money 176 of North Brunswick — supplement to act authorizing election of Board of Education in J 80, 343 at Boonton, Morris county — act to enlarge 258 688 INDEX. Page School Distriot of Peqaannook — act amendatorj of act to aa- thonze inhabitants of, to raise money for school parposes 258 N amber Three of Westfield, Union ooantj — supplement to act appointing commissioners to purchase ground ccc 284 Number Fifteen, of Warren county — act legal- % izing certain expenditures in 900 Number Eight, in Montclair Township, Essex county — act relative to election of trustees in 388 Number Seventy-two, Morris county — act con- firming title to certain lands in the Trustees of, and authorizing them to sell and convey . . 415 of Warren county^act relative to debts in- curred in... 423 Number Forty-eight, Warren county — act au- thorizing Trustees to build school house in. .. 443 Number Seven of Freehold — act authorizing Trustees to sell and buy school property 461 Franklin, in Franklin township, Sussex county — act authorizing issuing bonds by 549 Number Nineteen of Gloucester township — act authorizing to raise money, &c 567 Schools — acts to establish free at Ridgefield, Bergen county ... 280 Fort Lee, Bergen county 347 School House at Hackettstown — act authorizing Trustees of School Distriot Number Forty -eight of Warren county to build 443 Hoboken — act authorizing issue of bonds to build 610 Scotch Plains — act authorizing inhabitants of to vote for officers 463 Sealing of Gas Meters in Newark — act providing for 595 Sections cf Charter of Passaic City— act amending 570 Setting off part of Mansfield township to Hackettstown — act for 439 Sewerage and drainage in Englewood Township — act to pro- vide for 522 Sewer, the Ravine Road in Jersey City and Hoboken — act to provide for continuation of. 621 Sheep, preservation of in Upper Pittsgrove, Salem county — act for 404 Shrewsbury river. North and South — act for preservation of crabs in 170 Somerset county — act fixing salary of Prosecutor of Pleas of. . 412 South Amboy — act releasing from payment of certain tax 392 Orange— supplement to act to revise and amend charter of 395, 609 Springfield township — act appointing commissioners to super- intend drainage of lands in 580 Stockton township, Camden county — act to facilitate collection of taxes in •••• 381 i INDEX. 689 Page Stoe Creek township, Comberland county — sapplement to act dividing into three road districts 293 Street, Perry, in Trenton — act dedicating lands of the State to he used as part of. 331 Plymouth, in Jersey City — act vacatinff 459 Supplement to act to Incorporate the Plainfield Fire Depart- ment 169 amend and consolidate the several acts relating to game and game fish 171 authorise the town of Newton, in Sussex county, to issue bonds 173 incorporate Dover 175 authorize the inhabitants of School Dis- trict Number One, in the township of Plainfield, in the county of Essex, to raise money to build school houses. . . . 176 facilitate judicial proceedings in the county of Passaic... 177, 254 incorporate the board of education of the city of Camden 176 authorize the inhabitants of the city of New Brunswick (School District Num- ber One), of the township of North Brunswick, county of Middlesex, to elect a board of education 180, 343 incorporating the inhabitants of townships, designating their powers and regulating their meetings 182 to legalize loans made and bonds issued by the Common Council of the city of Tren- ton to pay bounties to volunteers 183 for the improvement of the town of Free- hold, in the county of Monmouth 184 for the improvement of the township of Kearney, in the countv of Hudson, and to increase the powers of the township com- mittee in said township 186 to authorize the township of Clinton, in the county of Essex, to appoint a receiver of taxes, and for other purposes 188 incorporate the town of Aosecon 192 set on from the township of Belleville, in the county of Essex, a new township — the township of Franklin. 196, 294 incorporate the town of Union, in the township of Union, in the county of Hudson 246 encourage the establishment of Mutual Loan and Building Associations 247 revise and amend the charter of the city of Newark 249,457, 466 690 INDEX. Supplement to act ^ authoriae the president and directors of the Trenton Water Works to con- vey their works and franchises to the city of Trenton, and to provide for the management of said works 255, 62U improve Bergen Wood Road, in Hudson county 256, «J86 appointing commissioners in School District Number Three of the township of West- field, Union county, for the purpose of purchasing ground and erecting a school house thereon, etc 284 to revise and amend the charter of the city of EUeabeth 289, 608,637 constituting a Public Road Board for the laying out, constructing, appro- {)riating, improving and maintaining pub- ic carriage roads in the county of Essex 292,420,468 to divide Stoe Creek Township in the county of Cumberland into three Road Districts and for the election of Over- seer in the same 293 ftet off from the township of Belleville in the county of Essex a new township to be called Franklin 294 divide the township of North Bergen in the county of Hudson 298 establish a system of public instruc- tion 300,423 improve Bull's Ferry Road in Hudson county «')02. 553 incorporate the Chosen Freeholders of the several counties of the State afore- said 31)8 establish a system of Public Instruction to provide for the erection of school building and the establishing of a graded school in the town of Long Branch 309 incorporate the village of Irvington in the township of Clinton and county of Essex 322 incorporate the City of Bayonne in the county of Hudson and State of New Jersey 340, 342 incorporate the city of Hoboken 3 13, 611 provide for more efficient government of the city of Trenton 344 establish a free school at Fort Lee in the county of Bergen 347 INDEX. 691 Page Sapplement to act conoerning roads 348, 409, 434 to revise and ameDd the charter of the city of Rahway 357 oonoerniDg taxes 384 revision of the charter of the borough of Prince- ton 389 act to incorporate the borough of Hnddonfield, Camden county, New Jersey 390 revise and amend the charter of the town Orange 390, 399 revise and amend the charter of the vil- lage of South Orange, in the county of Essex 395 609 incorporate the city of Beverly, in the county of Burlington 406 establish a new township in the county of Cumberland, to be called the township of Landis 408 appoint harbor masters and inspectors. . . 409 incorporate the Jersey City and Bergen Plank Road Company 410 facilitate judicial proceedings in the county of Mercer 417 regulate elections 418 authorize the president and directors of the Hackettstown Aqueduct Company to convey their works and franchises to the inhabitants of the town of Hacketts- town 422 for the better government of the city of Paterson 424. 627 to revise and amend the charter of the city of Newark 425 incorporate the town of Belvidere, in the county of Warren 433 regulate the salary of the Prosecutor of the Pleas in the county of Camden. . . . 436 authorize the ditching and draining of the bog and fly meadow in Morris county.. 439 authorize the township committee of the township of Plainfield. in the county of Union, to open, work and repair the public roads, streets, avenues and side- walks in said township 441 authorize the Board of Chosen Free- holders in the county of Passaic to purchase and vacate certain turnpikes in said county 442 revise and amend the charter of the town of Harrison 446 692 INDEX. Page Supplement to act relating to hawkers, pedlars and petty chap- men 452 to establish a new township in the county of Union, called the township of Lindf»n. ... 453 relating to the assessment and revision of taxes in the city of Newark 455 to incorporate the city of Hoboken 456 || incorporate the Chosen Freeholders in 1 the respective counties of the State 460 enable the Trustees of Freehold School District Number Seven to sell the pres- ent school property and to buy other property and erect a school house there- on and to issue bonds in payment therefor 461 for the improvement of Flemington 468 to the charter of Hackettstown 469 establish the Long Branch Police Sani- tary and Improvement Commission 477 for the better protection of the agricultural and horticultural interests of the county of Atlantic 517 to revise and amend the charter of Atlantic City 518 improve Paterson avenue from the west- erly line of the Paterson Plank Road to the Secaucus Road and the Secau- cus road from Paterson avenue to Pen Homes Creek in the county of Hudson 519 concerning roads in the township of Palis- ades in the County of Bergen 521 to create a new township in the county of Union to be called the township of Cranford 5% divide the township of Manchester in the county of Passaic and establish a new township to be called Wayne 544 reorganize the local government of the township of West Hoboken.. .....545, 600 authorize the Mayor and Common Coun- cil of the city of Newark to purchase the property of the Newark Aqueduct Company and creating the Newark Aqueduct Board 551 authorize the ditching and draining of I the bog and fly meadow in Morris counter 552 reorganize the local government of Jersey City 563,633 revise and amend the charter of the town of Phillipsburg 564, 386 the public school law 561 INDEX. 693 Page Sapplement to act incorporating the West Jersey Game Pro- tective Society 569 regulating procedure in criminal cases .... 577 to improve Bergen Line Road in Hudson county 582 for the layinff out of public roads in the township of Caldwell 591 for the improvement of Raritan t>07 to incorporate the town of Guttenburg in the county of Hudson 612 incorporate the firemen of the city of Elizabeth 626 revise and amend the charter of the city of New Brunswick 630 for the transcribing pf certain deeds and other official records relative to lands now in the county of Passaic 632 T Taxation — act exempting bonds issued by trustees of School District Number Forty-eight of Warren county from 444 in Cumberland county, to pay for bonds — act author- izing • • 405 Freehold township, to pay for bonds — act author- izing 403 Princeton borough — act relative to exemptions from 389 Taxes in Beverly city — act relative to 406 East Orange, Essex county — act relating to assess- ment and collection of 201 Franklin township, Essex county — act relative to as- sessment and collection of. 196 Middlesex county — act releasing county from payment of certain taxes 392 Newark — supplement to act relative to assessment and revision of. • 455 Orange, Essex county — act relative to 399 Paterson — act relative to unpaid in 621 Phillipsburg — act relative to 586 South Orange, Essex county — act relative to 395 Stockton township, Camden county— ract to facilitate collection of. 381 Trenton — act relative to 590 School, in Randolph township — act to facilitate collection of. 628 — supplement to act concerning (relative to time of assessments in Mid- dlesex county).... 384 (relative to assess- ment of taxes in New Brunswick... 634 694 INDEX. Tax sales in Paterson City — act aathoriziDg adjoarnmeDt of. . . 424 Title of certain lands in School District Number Seventy-two, Morris county — act confirming in Trustees and authorizing them to sell and convey 415 Town Meetings, in Franklin township — act to change time of holding 246 Town of Absecon — supplement to to act incorporate 192 Freehold, Monmouth county — supplement to act for ^| the improvement of 184 Harrison — supplement to act to revise and amend charter of 446 Guttenburg — supplement to act to incorporate 612 Long Branch — act providing for school building and graded school in « 309 Newton, Sussex county — supplement to act author- ing to issue \>onds 173 Orange, Essex county — supplement to act to revise and amend charter of 390, 399, 460 Phillipsburg — aot to revise and amend charter of (relative to tuxes) 586 Raritan — supplement to act for improvement of. .... . 607 Union, Hudson county — supplement to act to incor- porate 246 Township Committee of Freehold — aot authorizing to borrow money 403 Lebanon — act authorizing to purchase farm for poor, 6co 414 of Belleville, Essex county — act to enable collector of to pay certain taxes to the collector of Frank- lin township • 190 Brick, Ocean county — act authorizing election of Overseer of Highways in 547 Caldwell, Essex county — supplement to act for laying out roads in 591 Centre, Camden county — act to prevent cattle running at large in 536 Clinton, Essex county — supplement to act au- thorizing appointment of Tax Receiver in, 6cg. 188 Cranford, Union county — act to revise supple- ment to act creating ^. 538 Delaware, Hunterdon county — act authorizing inhabitants to vote by ballot 464 Franklin, Essex county — act authorizing payment of certain taxes to, by collector of Belleville township 190 Hackettstown — act setting ofP part of Mansfield to 439 Holmdel, Monmouth county — act authorizing election of road overseers in 521 Kearney, Hudson county — supplement to act for improvement of 186 INDEX. 695 Page Township of Linden, Union county — supplement to act creat- ing (regulating election of overseers of high- ways in) 453 Mansfield — act setting off part of to Hacketts- town 439 Milbum, Union and Springfield — act appointing commissioners to superintend drainage of lands in 580 Montctair^ Essex county — a^^t relative to lighting streets of 579 Plainfield, Union county — supplement to act authorizing opening and repairing^ roads in ... . 441 inhabitants of School District Num- ber One in, to raise money 1 79 Randolph, Morris county — act to facilitate collec- tion of school tax in 628 Springfield— ^-act appointing commissioners to su- perintend drainage of 580 Union — act appointing commissioners to superin- tend drainage of 580 Wayne. Passaic county — supplement to act creatine 544 Weymoutiiy Atlantic county — act exempting own- ers of cattle running at large m from certain penalties 517 Townships — supplement to act incorporating, designating their powers, 6co 182 Transcript of deeds, mortgages, &c., in Union county — repeal of act providing for 469 Trenton, loans made and bonds issued by — supplement to act to legalize 183 lands of New Jersey dedicated for public street in. . . 331 supplement to act incorporating (relative to paving and grading streets) 344 (relative to taxes). 590 water works — supplement to act to authorize Presi- dent and Directors of, to convey to the city of Trenton 255,620 Trustees, Board of, of South Orange — act fixing term of office 396 of Fire Department of West Hoboken — act creating. 545 School District Number Eight, of Montclair town- ship— act relative to election of.. 388 Number Seventy-two, of Morris county — act confirming title of certain lands in and authorizing them to sell and convey 415 Number Forty-eight, of Warren county — act authorizing to build school house at Hackettstown . . 443 Number Seven, of Freehold — act 696 INDEX. P«ge aathorlziDg to sell and buy school property 461 Tampikes — supplement to act authorizing Chosen Freeholders of Passaic county to vacate 442 XJ Union county, Prosecutor of Pleas of — act fixing salary 438 repeal of act providing for transcript of deeds, mortgages, etc., in 469 town of, Hudson county — supplement to act to incorpor- ate 246 township — act appointing commissioners to superintend drainage of lands in 580 Upper Penns Neck, Salem county — act regulating building and repairing roads in 253 Pittsgrove, Salem county — act for the preservation of sheep in 404 Usury in Monmouth county — act to prevent 248 V Vacating a portion of the Jersey City and Bergen Point Plank Road Company — act for 410 Plymouth street, in Jersey City — act for 459 Vacation of turnpikes in Passaic county — supplement to act authorizing, by Board of Chosen Freeholders 442 VanCleef, James H. — act to confirm acknowledgments and proofs of deeds, etc,, by 413 Village of Irvington, Essex county — supplement to act incor- porating 322 South Orange, Essex county — supplement to act to revise and amend charter of 395 TV Warren county — act exempting from operation of supplement to act concerning roads, of April six- teenth, eighteen hundred and forty-six 409 fixing salary of Prosecutor of Pleas of. . 4d2 legalizing debts of reconstructed school districts in 423 Washington, Warren county, sale of lands to, by The Peter R. Winter Benevolent Association — act to legalize. 203 Water Commissioners of New Brunswick — act relative to 630 — act regulating election of, in Englewood township 522 introduction of pure, in Englewood township — act pro- viding for 522 INDEX. 697 Page Water pipes in Jersey City — act relating to. ^-.•-o 585 Works, the Trenton — supplement to act to authorize President and Directors of, to convey to the city of Trenton... 255,620 Jersey City — act relative to reservoir number thfee, of 393 Wayne township, Passaic county — supplement to act creating, (appointing commissioners to re-run and survey lines of) 544 Westfield Township, Union county — act appointing commis- sioners of School District Number Three, to pur- chase grounds, &o 284 West Hoboken — supplement to act to reorganize local gowern- mentof 545,600 Jersey Game and Protective Society — supplement to act inoorporatin g 569 Windsor, Mercer county — act relative to election of township committee in 182 Weymouth Township — act exempting owners of cattle running at large in from certain penalties 517 ] Printed at the State Skittikei. Office, Trenton, N. J., by Order of the Governor. PRIVATE LAWS. PRIVATE ACTS PASSED BY THE NINETY-NINTH LEGISLATURE CHAPTER I. An act to change the name of A. Preston C. Stevenson to Preston Stevenson. 1. Be it enacted hy the Senate and General Assembly of the State of New Jersey ^ That the name of A. Preston C. Stevenson, of the city of Paterson, countj' of Passaic, be u d. and it is hereby changed to Preston Stevenson, by which *"^ ^ *"^ latter name solely shall the said A. Preston C. Stevenson hereafter be known, and by it shall possess and enjoy all rights and privileges of person and property which he now possesses, or to which he may in any way become entitled. 2. And he it enacted^ That this act shall take effect im- mediately. Approved February 3, 1876. PRIVATE LAWS. (IHAPTEE II. An Act t<> incorpctrate the Atlantic Coiinty Agricultnral Association of Atlantic Conntv, New Jersey. Prcaniblf, Wherka8, Daniel Walters, George F. Currie, Job G. Bab- cock, Martin Pitney, A. E. Babcock, Elmer Murphy, Absalom Doughty, Lewis H. Babcock, Frederick C. Boice and John S. Doughty, and otliers, under and by virtue of the provisions of an act entitled " An Act to authorize the establisliment and to prescribe the duties of companies for manufacturing and otlier purposes,'' ap- proved March second, eighteen hundred and forty-nine, have associated themselves into a company under the name of " The Atlantic County Agricultural Association of Atlantic County, New Jersey ; " and whereas, the said company are desirous of obtaining a special cliarter and act of incorporation to carry out the objects for which said company w-as organized ; now, therefore, 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That Daniel Walters, George F. Currie, Job G. Babcock, Martin Pitney, A. E. Babcock, Elmer Murphy,. Absalom Doughty, Lewis H. Babcock, Frederick C. Boice, John S. Doughty, and their associates, heretofore known as "The Atlantic County Agricultural Association of Atlantic County, New Jersey," and Buch other person and persons as may hereafter be associated with them, and their successors, shall be, and they are hereby constituted a bodv corporate and politic, in fact and Corporate name j^ law, by the name of "''The Atlantic County Agricultural Association of Atlantic County, New Jersey," and by tliat name shall have power to sue and be liable to be sued, answer and defend, plead and be impleaded unto, in all the courts of law and equity in this state. ^ - , ^. And he it enacted. That the capital stock of said ui stock. association hereby created shall be the sum of five thousand dollars, divided into shares of five dollars each, and paid in CorporaUirg. SESSION OF 1875. 5 by the stockholders in such manner and instahnente as the directors of said association maj direct, and such shares shall be deemed personal property, and shall be transferable in such manner as the said association shall prescribe, and the said association may hereafter increase their (capital stock to any sum not exceeding fifty thousand dollars. 8. And be it enacted^ That the above named persons, or JJ'"ope?**£lok» a majority of them, shall be, and they are hereby appointed J°^p^^j[j[®*"^ commissioners, to open books and receive subscriptions to «p"^»* »*o«^- the capital stock of said association, at such times and places, and in such manner and amount as they, or a majority of them, shall think proper, giving two weeks' notice in one or more of tlie newspapers circulating in said county ; and as soon as one thousand dollars are subscril)ed, the said com- missioners, or a majority of them, are liereby authorized to hold their nlfeeting as directors of said association, at such time and place as they may agree upon, and to choose and elect a board of directors, of not less than ten in number, and sneh other officers and committees as they may deem necessary, w^hich directors and officers shall hold their offices for one year, and until others are elected in their places. 4- A7id be it enacted^ That the board of directors of said May make by- association shall have the right at their first, or any subse- * "' quent meeting, to establish such by-laws, rules and regula- tions, for the government of the association as they may deem expedient, which by-law^s, rules, and regulations shall not be inconsistent with the constitution of this state, or the provisions of this act. 5. And be it enacted^ That the object of said association 2S{SJn **' """^ shall be to provide, keep, and maintain in the <50unty of .Atlantic, in this state, grounds and other real and personal estate suitable for healthy and driving exercises and purposes, and for agricultural, floral, mechanical and other like exhi- bitions and innocent amusements, and shall have authority and power to adopt a corporate seal, and to receive, by donation, or devise to acquire, purchase or lease, and use, hold, posse^, and enjoy such real estate, not to exceed in all thirty acres, and such personal estate as they shall deem necessary for the purposes of said association, and the same, or any part of such real or personal property or estate, to sell, mortgage, lease, or otherwise dispose of at pleasure, and also to make, build and construct on the real estate so 6 PRIVATE LAWS. Iield by them, such buildings, road tracks, walks for visitors^ aad other improvements as they may deem proper and necessary for the better carrying into eflFect the objects and purposes contemplated by the provisions of this act. Frot^ how di- ^ ^^^ jg i^ enacted, That so much of the profits of said association as shall be deemed expedient by tlie directors^ shall from time to time be divided among the stockholders, but no dividend shall be declared which will impair the capital stock of the association. AMociations ^' And he it enacted, That for the carrying into effect hoi? feiS? and ^^® objccts and purposes of the said association, it shall be exhibitions. laAvful for Said association to hold upon their grounds, from time to time, and as often as tliey shall deem proper, fairs and exhibitions for the development of speed, other. desired (jualities, and to encourage competition, may offer and pay such premiums for stock exhibited, and for superiority in the objects sought for in the manner usually exercised by the state and county agricultural societies for tlie improve- ment of the breed of horses, as the said directors, or a majority of them, may agree upon, and to ask, demand and receive for the said association's use such reasonable fees for admittance of exhibitors and visitors to tlie said grounds^ and exhibitors as the said directors shall deem proper, and shall also have power to let, rent out, or lease unto any agricultural or other society, any or all of said grounds and improvements belonging to said association. Incorporators 8. And be it cnuctedj That the incorporators named in SJSjitaS^' from t'^is act, or the cpmmissioners referred to, shall not be inca- being directors, pacitatcd Or prohibited from being elected directors of the said corporation at any time. persons to sell 9. And be it enacted. That from and after the passage ^ ii?a certain dVsI of this act, it shall uot be lawful for any person or persons. ^Snd^" to erect, place, or have any booth, stall, tent, carriage, boat, building of any description, or other place for the purpose or use of selling, giving or otherwise disposing of any -kind of articles of traffic, spirituous liquors, wine, porter, beer> cider, or any other fermented, mixed or strong drink, or for the purpose of holding, having, or making any show or amusement of any kind whatsoever, for gain or pleasure, within quarter of a mile of the boundaries of the grounds of said association during the time of any exhibition of said Proviso. association ; provided, that nothing in this act contained SESSION OF 1876. 7 shall be taken or constnied, bo as to effect any licensed tavern-keepers in his or her ordinary lawftil business, at his or her usual place of residence 8{)ecified in his or her license ; nor shall it be so construed as to effect any merchant, shop-keeper, farmer, mechanic, or other person in the usual and lawful transaction of his, her, or their ordinary concerns and business, in their usual place of doing such business. 10. And be it enacted^ That if any person or persons Jjjjj*3^£'^*^ shall or do violate the preceding sections of this act, he, she, or they shall be liable to the same penalties or forfeitures, which shall be enforced in the same manner as is prescribed against offenders under an act of this state entitled "An Act to prevent the disturbance of meetings held for the purpose of religious worship," passed February second, one thousand eight hundred and twenty. Approved February 3, 1875. CHAPTER III. An Act for the protection and preservation of the Ceme- tery of the Holy Sepulchre. Whereas, certain lands in the township of Manchester, in P^«»n»we. the county of Passaic and state of New Jersey, particu- larly described in deeds of conveyance, one from William H. K. Bibby and wife to Mary A. Smith, bearing date the fourteenth day of September, in the year of our Lord one thousand eight hundred and sixty-four, and recorded in the records of deeds in and for the county of Passaic, the other from Bartlett Smith and Mary A. Smith, his wife, to " The Catholic Church of Saint John the Baptist, of Paterson," dated the first day of May, eighteen hun- dred and sixty-seven, and recorded in the clerk's office of the county of Passaic, in book G, three of deeds, page forty-five, et cetera, containing about seventy-three acres 8 PRIVATE LAWS. and nineteen hundredths of an acre, 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 con- siderable 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 undis- turbed by any public highway or street ; therefore, ouiopon.maK ^' "^^ ^ KN ACTED bj/ the Senate and General Assembly *J^'ti* h^a^'^n ^'f ^^^ State of New Jersey^ That it shall not be lawful or over ceme- for any officcr Or oflBcers 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 ou ProTiso. or over either of them ; provided^ that nothing in this act shall prevent the working and completing of Union avenue, as now laid out by the commissioners heretofore appointed by the supreme court, and which act the said court has confirmed, and the said land, and every part thereof, which shall be actually occupied for burial purposes, 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 firom any individual proprietor who shall own or hold any portion of said land for burial purposes. 2. And be it enacted^ That this act shall take effect immediately. Approved February 3, 1875. SESSION OF 1875. 9 CHAPTER IV. A further supplement to the act entitled "An Act to incor- porate the Orange Orphan Society," approved April ninth, eighteen hundred and sixty seven. 1. Be it ESN acted by the Seriate a7id General Asse7nbly of the State of Neic Jersey^ That the board of trustees of the Orange Orphan Soidety shall hereafter consist of twenty- Number aod five members ; to be elected at the annual election, on the teS. '*" * "**" second Thursday in January, in each year. 2. And he it enacted^ That tlie present board of trustees of said society shall have power, by the vote of a majority of ^j^^'^^' *»ard their number, to elect five persons, to be members of said board, in addition to their present number; sudi newly elected trustees to hold their officeg« until the next annual election and until their successors shall be elected. 3. A nd he it enacted^ That all acts and parts of acts in- Bep«»i«r. consistent witli tlie provisions of this act shall be, and the same are hereby, repealed ; and that this act sliall take eifect immediately. Approved February 3, 1875. 10 PRIVATE LAWS. CHAPTER V. An Act to incorporate Liberty Fire Engine Company, Number Seven, of the Citv of Paterson. 1, Be it enacted by the Senate arid General Assembly corporaton. ^f ^^^ State of New Jersey y That Samuel Bunting, David Trueman, George Hemingway, William T. Wilson, John Goode, Benjamin Sanderson and John Kershaw, and all persons who now are or hereafter shall be<*ome associates of the Liberty Fire Engine Company, Number Seven, of tlie City of Paterson, be, and they are hereby, constituted and declared to be a body corporate and politic, in fact and in Corporate name law, by the name of '*The Liberty Fire Engine Company, Number Seven, of the City of Paterson ;" and by such name they shall liave succession and be persons in law, capable of suing and being sued, pleading and being impleaded, an- swering and being answered unto, defending and being defended, in all courts of judicature whatsoever ; and that they and their successors may have a common seal, make, enter into and execute any contracts or agreements touching or concerning the objects of the said corporation, and shall Powera. have full power and authority to make, form and adopt such forms of constitution and snch by-laws and regulations for their government, not inconsistent with the constitution and laws of this state, or of the United States, as they shall think Proviso. proper ; provided^ that the said company shall be subject to and controlled by the same laws, ordinances, rules and reg- ulations as the several companies of the lire department of the city of Paterson now are or may hereafter be subject to or controlled by. Amount of capi- 2. And he it enacted^ That the capital stock of the said company shall not exceed the sum of twenty-iive thousand dollars, which shall be applied to the purchase of real estate, stock in any insurance company, furniture for their house, equipments for their members, and such implements and machines, and to such incidental expenses as sliall, to the \ SESSION OF 1875. 11 said company, appear best calculated to secure the property of their fellow citizens from injury or destruction by fire. 3. And be it enacted y That the said capital stock of thChSwdtvided.*^* said company shall be divided into shares of ten dollars each, and at the time of subscription there shall be paid an install- ment of ten per .centum on each share subscribed ; the direc tors are authorized to call upon the said subscribers for the payment of further installments, in such sum or sums, at ^""^"pJI^I"*' such- time or times, and under such forfeiture as they may deem expedient, until the whole amount of said shares so subscribed shall have been fully paid. 4r. And be it enacted^ That books of subscription to the subscription capital stock of said company shall be opened at the city ofJSSjj^^***" Pat«rson, at such times hereafter tlie passage of this law, as the members of tlie company shall deem proper. 5. And be it enacted^ That the said company shall elect Annual election annually, out of their own body, a president and such other officers and assistants as they sliall deem necessary tor con- trolling their affairs, according to tlieir constitution and by- laws ; and that the said president shall keep in his custody the common seal of the said company, at tlie expiration of his term of office shall deliver it over to liis successor ; and in their corporate name may institute suits for the recovery of all tines, debts and arrearages due to the said company. 6. A nd be it enacted, That the property of said company propeny held under this act shall be free and exempt from taxes and f^x SFon/ ' " °* assessments. 7. A 7id be it enacted, That an annual statement of the Annual state- financial afiairs of the said company, signed by the president ciai affairs to be thereof, shall be placed upon the records of the said com- ^^^^' pany not less than fifteen days, and not more than thirty days, before each annual election. 8. Atid be it enacted, That this act sliall take efiect im- mediately. Approved February 3, 1876. 12 PRIVATE LAWS. CHAPTER VI. An Act to incorporate Lafayette Steam Fire Engine Com- 1 pany, Niimber Eight, of the City of Paterson. 1. lie it enacted by the Senate and General Assembly Corporators. qJ^ f^e State of New Jersey^ That Columbus Force, John Taylor, George McCandless, Robert Donkley, Garret H. Van Houten, John Hay den, Will Hague, James Bray, Richard Ross, and all persons who now are, or may here- after become members of ^.* Lafayette Steam Fire Engine Company, Number Eight, of the City of Paterson," be and they are hereby constituted and declared a body corporate Corporate name and politic, in fact and in law, by the name of "Lafayette Steam Fire Engine Company, Number Eight, of the City of Paterson," and by said name they shall have succession and be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, Powera, etc defending and being defended, in all courts of judicature whatsoever ; and that they and their successors may have a common seal, make, enter into and execute anv contracts or agreements concerning the objects of said corporation, and shall have full power and authority to make, form and adopt such form of constitution and such by-laws and regu- lations for their government, not inconsistent with the con- stitution and laws of the United States, or of this state, as Proviso. they shall tliink proper ; provided^ that said company shall be subject to and controlled by the same laws, ordinances, rules and regulations as the several companies of the Are department Kyi the city of Paterson, now are or may here- after be subject to or controlled by. Amount of c*pi- 2. And be it enactedj That the capital stock of said com- j howippiiedr" pany shall not exceed the sum of twenty thousand dollars, which shall be applied to the purchase of stock in any insur- ance company, rea^ estate, furniture for their house, equip- ments for their members, and sucKimplemehts and machines, and to such incidental expenses as shall appear to said com- J SESSION OF 1875. 13 panj best calculated to secure the property of their fellow citizens from injury or destruction by fire. 3. And be it enacted^ That said capital stock of said ho& divided, company shall be divided into shares of ten dollars each, and there shall be paid at the time bf subscription ten per cent, of each share subscribed ; the directors are authorized to call upon said subscribers for the payment of further ingtaimentM installments, in sum or sums, at such time or times, and **^'** under such forfeiture as they may deem expedient, until the whole amoimt of said shares so subscribed are fully paid in. 4. And be it enacted^ Tliat books of subscription to the capital stock of said company shall be opened at the city of acriptiou when Paterson, at such times after the passage of this law as the ®p*^"*^- members of the company shall deem proper. 5. And be it enacted^ That said company shall elect an-^J°"*^ ®***^" nually, out of their own body, a president and such other officers and assistants as they shall deem ne(^essary for con- trolling their affairs, according to their constitution and by- laws ; and that said president shall keep in liis custody the common seal of said company, and at the expiration of his term of office sliall deliver it over to his successor ; and he may in their corporate name institute suits for the recovery of all fines, debts and arrearages due to the said company. 6. And be it enacted^ That the property of said company prope rty held under this act shall be free and exempt from taxes and^^ljjgj^/'*^'" assessments. 7. And be it enacted. That an annual statement of the Annual aute- imancial aiiairs of said company, signed by tne president to be made, thereof, shall be placed upon the re(*or(ls of said company not less than fifteen, nor more than thirty days, before each annual election. 8. And be it enacted^ That this act shall take effect im- mediately. Approved February 3, 1875. 14 PBIVATE LAWS. CHAPTER VIII. An Act to incorporate the Sea Grove Association of the -i I^wer Township of the County of Cape Mar. corponton. ^' ^^ ^ EK ACTED by the Senate and General A^seftMy of the State of iVJ?ir Jereey, That Alexander Whilldin, Downs Edmunds, Dr. Y. M. D. Marcj, James 6 ass and John Wanamaker, and such other persons as may subscribe to the stock hereby authorized, and their successors, shall be and they are hereby created a body politic and corporate, in Corporate nftme f^et and in law, by the name of the " Sea Grove Association,'^ and by that name shall be capable in law of purchasing, improving, selling and disposing of such real and personal estate in the county of Cape May, as may be necessary to the objects of this corporation ; and may receive and make all deeds, transfers, covenants, conveyances, grants, contracts, agreements and bargains whatsoever necessary for the pur- poses aforesaid, on such conditions and restrictions not repugnant to the laws of this state or of the United States, as they may see lit. 2. And be it enacted j That it shall be lawful for said roaL, "iater- corporation to construct all necessary roads, waterworks, works, etc. ^^ works, and to provide all the conveniences and improve- ments which may be deemed necessary or desirable. 3. And be it enacted^ That the affairs of said corporation shall be managed and conducted by not less than five nor manage^^ ^" morc than nine directors, a majority of whom shall be resi- dents of this state, all of whom shall be stockholders ; the persons named in the first section of this act shall be the First directors, first dircctors of the said company, and are hereby author- ized to receive subscriptions to the capital stock of said company; the first named shall hold their offices respect- ively for one year and until others are elected ; and that the choMn^MnuiO^®*^^ directors shall be chosen annually, at such time and ly. place as shall be provided for by the by-laws of said corpo- ration, by such of the stockholders as shall attend for that i SESSION OF 1875. 16 purpose, either in person or by proxy^and notice of the time and place of such election shall be published, not less than two weeks previous thereto, in a newspaper published in the county of Cape May, and each stockholder shall be entitled to one vote for each share he or she may hold in said corporation, and the persons having the greatest number of votes shall be directors, who may appoint such agents or officers as they may think fit ; and if at any time it shall happen that any vacancy or vacancies occur from whatever cause, among such directors, such vacancy or vacancies shall vaMnoie* how be filled by such person or persons as the remainder of the directors for the time being, or a majority of them shall appoint. 4. And be it enacted^ That the said board of directors shall, from their own number elect a president and treasurer annually, and may appoint such other officers of the corpo- ration as they may think proper, from time to time, and may pass and enforce such by-laws as they may deem necessary, J[*J JJ*^® ^^r* provided the same be not repugnant to tlie constitution or laws of this state or of the United States. 5. And be it enacted^ That the capital stock of said uutoci!*'^'**' corporation shall be fifty thousand dollars, with the privilege of increasing the same from time to time to any sum not exceeding one hundred and fifty thousand dollars, divided into shares of one hundred dollars each, which shall be deemed personal property, transferable only on the books of the company, in such manner as the directors of said com- pany by by-laws or otherwise may direct, and which shall be paid in such manner and upon such notice as the said direc- tors may appoint ; and as soon as five hundred shares of the capital stock shall have been subscribed and the sum of ten pSJ^iSn**'wS>n dollars on each share so subscribed is paid, or secured to be ^^^ ^^^ paid, it shall and may be lawful for said corporation to carry into eflfect the objects of said corporation, and in case of the failure of any stockholder to pay his or her installment at hSider8**to*^»y the time and place appointed for the payment; thereof (except *jjjjjjj^^^^^^ in case of the fii*st installment to be paid at the time of subscription) within thirty days thereatter, the stockholder so in default shall incur a forfeiture of his or her share or shares and of all previous payments thereon, to the use of the company, and it shall be lawful for said company to issue certificates of stock for the purposes of said company. 16 PRIVATE LAWS. Power to make 6. A nd be it enacted^ That a majority of the directors for*manaVe-for the time being shall form a board for the transaction of mt?on.^^ ^^^^ *^® business of said corporation, and shall have power to make sach by-laws, ordinances and regulations as shall seem necessary and convenient for the management and disposition j of the stock, eflTects and concerns of the said corporation, and for the purpose of restricting nuisances and of compel- ling a imiform system of improvements ; the said company are hereby authorized and invested with power to incorporate May incorpo- iuto any dccd or conveyance made by them, whether in fee forbidSng ^»«Se Simple or othcrwisc, a clause or condition forbidding the of liquors, eu. gjjg upou the prcmiscs of any spirituous or intoxicating liquors, and to require of any grantee of said company to make and maintain such style and character of improvement on said lots so conveyed or on the streets fronting thereon as to the said company may seem best for seciudng a uniform system of development and improvement throughout the said settlement ; and the board of directors of said c^ompany shall have the power to appoint such peace oiBcers as they Power to ap- uiay deem necessary for the purpose of keeping order on the point offlcers. premiscs, whicli officers shall be paid by the said company, Their jwirs ^^^ shall havc wlicu ou duty the same power and authority etc. and immunities which constables and other peace officers imder the laws of this state possess or enjoy when on duty as such, and they shall have the same power to enforce obedience to any rule or regulation of said corporation for the preservation of quiet and good order on the premises of PrtJviHo. said corporation and their grantees; provided^ that such by-laws or regulations are not contrary to the laws or consti- tution of the United States or of this state. 7. And he it enacted. That in case it shall at anv time Failure to elect happen that an election of directors shall not be made on poration'nottothe day when, pursuant to this act it ought to have been be diMoived. jnajg^ ^^^ g^id 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 as the directors of said corporsr tion shall direct. 8. And be it enacted^ That this act shall take effect immediately. Approved February 4, 1874, SESSION OF 1876. 17 CHAPTER IX. A supplement to an act entitled "An act to incorporate the West Jersey Railroad Company," approved February fifth, eighteen hundred and fifty-three. 1- Be it enacted by the Senate and General ^««gmWyRepe«ier. of the State of New Jersey^ That so much of the third sec- tion of the act to which this is a supplement as requires that the president and a majority of the board of directors shall be residents of this state, be, and the same is hereby re- pealed. 2. And he it enacted^ That this act shall take effect im- mediately. Approved February 8, 1876. CHAPTER X. An Act to extend an act entitled "An Act to incorporate the Shrewsbury Mutual Fire Insurance Company," passed February twenty-seventh, one thousand eight hundred and thirty-eight. 1. Be it enacted hy the Senate and General Assembly Act exiendad. of the State of New Jersey^ That the act entitled "An Act for the incorporation of the Shrewsbury Mutual Fire Insur- ance Company," passed February twenty-seventh, one thou- sand eight hundred and thirty-eight, be, and the same is hereby extended and declared to be continued until the first day of March, one thousand nine hundred and thirty. Approved February 9, 1876. 2 18 PRIVATE LAWS. CHAPTER XL A Supplement to an act entitled '^ An Act to incorporate the Hibernia Mutual Fire Insurance Company of Newark, New Jersey," approved March twenty-seventh, one thou- sand eight hundred and seventy-one. Corporate name 1. Be rr ENACTED by the Senate and General Assembly of the State of New Jersey^ That the corporate name of said company shall from and after the passage of this act be " The Hibernia Fire Insurance Company." increaaeof 2. And be it enacted. That the number of directors of number of di- ,i .j v i x* • ^ j. TOctors. the said company may by election or appomtment, as pro- vided by the act to which this is a supplement, be increased to any number not exceeding seventeen, a majority of whom shall constitute a quorum, and the provision in the said act oertain provi- requiring the directors to be divided into classes and hold ■lona repca cd. ^jg^^ ^^^ diflTereiit tcrms, is hereby repealed, and the directors hereafter elected or appointed shall hold office until the next annual election, and until others are chosen in their stead. 3. And be it enacted^ That this act shall take effect immediately. Approved February 9, 1875. 1 J SESSION OF 1875. 1^ CHAPTER XII. A Supplement to the act entitled " An Act to incorporate the Children's Sea-shore House at Atlantic City, for Invalid Children," approved February twenty-fifth, one thousand eight hundred and seventy-tliree. 1. Be it enacted by the Senate and General AnHemhly ^^^ ^^^^ ^^^ of the State of New Jersey. That the said corporation is«iiMe»8eii'and •c -k .1 • 1 . 1 11111 -A r 1 convey real and hereby authorized to take and hold by gut, grant, purchase, personal prop- devise or otherwise, real and personal property for the pur-® ^' poses of said house, to the amount of one hundred thousand dollars, and may sell, convey, demise, lease, mortgage and dispose of the same or any part thereof. 2. And he it enacted^ That the fourth section of this actsepeaier. limiting said amount to thirty thousand dollars, be and the same is hereby repealed. 3- And be it enacted^ That this act shall take effect immediately. Approved February 9, 1875. CHAPTER Xni. An act to incorporate the Concert Hall Association, of Mount Holly, New Jersey. 1. Be it enacted by the Senate and General Assembly ^^^^^^^ of the State of New Jersey^ That Theodore H. Risdon, poratow. Isaac F. Goldsmith, Charles Wills, Austin R. Haines, and Franklin B. Levis, and such other persons as may hereafter cor- 20 PRIVATE LAWS. be associated with them, be and they hereby are constituted Oorporatoname and declared a body corporate and politic, in fact and in •adpowen. i^^^ i^y ^jj^ ^^^^ ^f «rpj^^ Concert Hall Association, of Mount Holly, New Jersey ;" and by that name they and their successors shall have perpetual succession, and shall be capable of leasing, purchasing and holding real estate is the town of Moimt Holly, in the county of Burlington, and to erect thereon a hall and other improvements for the use of societies, public meetings, lectures, concerts, and such other purposes as said association shall deem expedient, sub- ject to the by-laws and regulations of said association, and it shall be lawful for said association to use and lease such parts of the hall, or building to be erected by them, as shall not be necessary for the uses and purposes aforesaid, for the purpose of carrying on any trade or business therein, not inconsistent with the laws of this state, or the provisions of this charter. Amount ofcapi- 2. And be it enacted. That the capital stock of said cor- poration shall be twenty-five thousand dollars, and shall be divided into shares of twenty-five dollars each, wliich shall be deemed personal property, and transferable in such man- ner as the said association shall by their by-laws direct, commtsaionen 3. And be it enacted^ That the above named persons, or ADd receive sub- a majority of them shall be commissioners to open l>ooks to ^riptionB. receive subscriptions to the capital stock of said company, at such time or times as they or a majority of them may deem proper ; and at the time of subscribing for said stock such per centage shall be paid upon each share to the commis- fiioners, or some one of them, as a majority of them shall deem proper, and as soon as fifteen thousand dollars of the capital stock is subscribed for, such commissioners, or a ma- jority of them shall call a meeting of the stockholders to He^iou of di- ^Yect seven directors, a majority of whom shall l>e residents of this state; and such elections may be made by such of the stockholders as shall attend for that purpose, either in person or by proxy, each share of the capital stock entitling the holder thereof to one vote ; and said commissioners, or Any three of them shall be inspectors of the first election of ^ fiaid corporation, and shall certify, under their hands, the names of those persons duly elected, and deliver over the sabficription books and money paid in, after deducting all expenses previously incurred, to the said directors ; and the SESSION OF 1875. 21 time and place of holding the first meeting of said directors shall be fixed by the persons named in the first section of this act, or a majority of them ; and the directors chosen at the first election and at the annual elections thereafter shaU chose out of their own number a president, who shall be a resident of the town of Mount Holly, and in cAse of death tvSi^ ^ or resignation, or removal of the president or any director, such vacancy or vacancies may be filled for the remainder of the year by said board of directors, or a majority of them ; and in case of absence of the president, the said board of directors, or a majority of them shall appoint a president pro tempore, wlio shall have such powers and functions as the by-laws of said corporation sliall provide. 4. .1 n(f be it enacted^ That a majority of the directors inrtaimcDte shall be competent to transact all business of said cjorpora- ^^ ^ tion, to call in the remaining stock of said incoi'poration by installments, at such times as tliey may direct, by giving thirty days' notice in a newspaper published in tlie county of Burlington ; provided^ that no instalhnent shjill exceed Proviso, ten dollars on each share, and that no two installments shall be required to be paid within thirty days of each other ; and shall have power to forfeit, in case of non-payment of said installments, the share or shares upon which said default shall arise, and may and shall, by its board of directors, be <*.apable of receiving and holding any devise, bequest or do- nation whidi may be made to it, and may borrow money on mortgage of the property of the association, to an amount not exceeding the capital stock actually paid in. 5. And he it enacted^ That the said board of directors shall have power to make such by-laws, rules and regulations, XlS, S?* *'" * not inconsistent with the laws, of the .United States, or of . thi^i^tate^.as npiayf 1;^^ 4P6iried necessary for the iolajnagemeitit.. of i^ afiairs, and the same to ciiange or alter from time to time. 6. And he it enacted. That this act shall be deemed and taken to be a. public act and shall take efiect immediately^ Approved Febniary 9, 1875. •iiljni 22 PRIVATE LAWS. CHAPTER XX. A Further Supplement to the act entitled " An Act to incorporate the Newark Firemen's Insurance Company." May invest part \^ gg it j^ ACTED bv the Senate and General AsaetnUy of Burplua fund /•,r» /* ht r mi ^ * 1 In stocks, etc., of the otate of JVew Jersey, ihat the said company may of inoorporated .*^ . . j* ». i T-j- j ij«-jj companion. invcst a part ot its surplus lunds m good regular dividend or interest paying stocks, bonds or securities of incorporated companies, to be approved by the finance committee of said insurance company. 2. Afid be it enacted^ That this act shall take effect im- mediately. Approved February 10, 1875. CHAPTER XXI. An A({t to chan^^e the names of Raymond Dabb and Annie Meeker Dabb. NMQef^^hanged. 1. Bk IT KNACTKD by the Senate a7id General Assembly of the State of New Jersey^ That the names of Raymond Dabb and Annie Meeker Dabb, his wife, both of the city of Elizabeth and county of Union, be and the same are hereby changed to Raymond Dabb Yelland and Annie Meeker Dabb Yelland; and by these names they shall possess and enjoy all the rights, powers and privileges which they would have possessed and enjoyed had they retained their original names of Raymond Dabb and Annie Meeker Dabb. 2. And be it enacted^ That this act shall take effect kn- mediately. Appf^fvtd February 10; 1875. SESSION OF 1875. 28 Corporate m CHAPTER XXII. A Further Supplement to the act entitled "An act to incorporate the Vineland Loan and Improvement Asso- ciation, of Cumberland county," apjJroved February fifteenth, one thousand eight hundred sixty-seven. 1. Be n ENACTED by the Seriate and General Assembly ^^ of the State of Neio Jersey^ That the name of the said changed Vineland Loan and Improvement Association be and the same is hereby changed to the Equitable Loan and Trust Company, and that the said Equitable Loan and Trust Company is hereby invested with all the rights and privi- leges heretofore enuring to the Vineland Loan and Improve- ment Association, and that in any action in any of theMaTf>ro«eeato courts of the state, whether in law or in equity, to which Jiom"* **" the said corporation may hereafter be a party, it may appear and prosecute or defend under the name of the " Equitable Loan and Trust Company," whether the cause arose before the passage of this act or not ; and that by said name the said corporation shall have succession and possess all thepoweni. powers contained in the act to which tliis is a supplement and the supplements thereto. 2. A7id be it enacted^ Tl\i9X in case the annual election Failure to eieet tor officers shall not take place upon the day heretofore or j2iiJ"iS^u hereafter designated or appointed for that purpose, the cor-******^**- poration shall not for that cause be deemed dissolved, but said election may be held at any other time, having first given ten days' previous notice of the time and place thereof. 3. And be it enacted^ That this act shall take effect im- mediately. Approved February 10, 1875. 24 PRIVATE LAWS. CHAPTER XXm. An Act to . authorize the Belvidere Delaware Raihroad Company to issue bonds and to secure the same by mort- gage. Authoruedto 1. Be it enacted by the Senate and General Assembly w l^ebted- of the State of New Jersey^ That for the purpose of retiring pwing^andlx" ^^ P^yi^^g theu' prosout outstanding indebtedness, as the same tending rail- may become due and payable from time to time, and also to provide the means for the improvement, enlargement and extension of their railroad and appurtenances, and increasing their facilities for the transaction of their basiness, as the Kame may from time to time be necessary, the Behndere Delaware Railroad Company be and they are hereby author- ized to make and issue their bonds from time to time, in snch amounts and on such terms, and payable at such times, and bearing such rates of interest, not exceeding seven per centum per annum, as said company may determine, such issue of Amoant. bouds uot to excocd iu the aggregate five million of dollars ; and said company are further authorized to secure the pay- bSnda*by'niort-^®°^ of Said bouds by OHO Or moro mortgages of the whole «•««• or any portion of the railroad estates, real and personal, corporate rights and franchises acquired and to be acquired, and any such mortgage or mortgages may, at the option of said company, be made to secure with the same right, lien and privilege, any or all bonds which may be issued at any time and from time to time as herein authorized. ^y And be k'iriitetedj That this act shall take effect im- mediately. Approved February 10, 1876. SESSION OF 1875. 26 CHAPTER XXIV. An Act to revive a certairi act and to legalize and ratify proceedings thereunder. Wherkas, by an act approved March twenty-fonrth, eighteen Preamble, hundred and seventy-four, it was recited as follows: " Whereas, the governor of this state, in accordance with the provisions of an act entitled 'an act providing for^ declaring and making known that certain laws and joint resolutions have become inoperative and void, approved March third, eighteen hundred and seventy -three, has, by his proclamation, duly issued and dated the lirst day of December, anno domini, eighteen hundred and seventy- three, made known that the acts therein enumerated, have become and are inoperative and void because the parties, therein interested have failed to pay the assessments re- quired by law; and whereas sucli failure to pay such assessments has arisen in many cases froni mistake or inadvertance ; ' " and whereas, by the same ac.t it was. enacted that certain acts, and among others, the following : " an act to confirm a certain sale and conveyance made by Anna Maria Cougles, late of the county of Hunifcerdony dated March seventeenth, eighteen hundred and fifty-eight ; approved March twenty-second, eighteen hundred and sixty-four," should be and were thereby revived and de- clared to be in full force ; provided thftt the persons in Proviso, said acts interested should pay or cause to be paid on or before the first day of May tlteil n^it^ett^tiing; tfie assess^ ments due thereon, respectively according to the terms of the acts entitled "an act to increase the revenues of the state of New Jersey," approved March sixth, eighteen hundred and fifty-eight, and the supplement thereto ap- proved March eighteenth, eighteen hundred and fifty-nine, and also twenty-five dollars additional for the said last named supplement ; and wliereas, the person at whose instance and for whose benefit the said act approved 26 PRIVATE LAWS. March seventeenth, eighteen hundred and sixty-four, had sold and conveyed all his interest in the lands and real estate therein referred to, and changed his residence from this state to the state of New York, long prior to the approval of the act dated March twenty-fourth, eighteen hundred and seventy-four ; and whereas, it appears that the present owner of the said lands and real estate was entirely ignorant of the non-payment of the assessments required to be paid by the above recited acts until after the last named act had taken effect : now therefore, AiJtreTiTed. 1. Be IT ENACTED hy the Senate and General Assemhly . of the State of New Jersey y That the act entitled " an act to confirm a certain sale and conveyance made by Anna Maria Cougle, late of the county of Hunterdon, dated March seventeenth, eighteen hundred and fifty-eight," approved March seventeenth, eighteen hundred and sixty -four, be and the same is hereby revived and declared to be in full force pw)Ti«o. and effect ; provided^ the person interested in the said act shall pay or cause to be paid, on or before the first day of May now next ensuing, the assessments due thereon, re- spectively, according to the terms of the act entitled " an act to increase the revenues of the state of New Jersey," approved March sixth, eighteen hundredand fifty-eight, and the supplement thereto approved March eighteenth, eighteen hundred and fifty-nine, and also twenty-five dollars additional for this supplement. 552S«?i?nu ^' And be it enacted^ That in case of the payment of the Mtaandpro- ' asscssmeuts as required by this act, all acts and proceedings TedanS"d«ciar-had and done heretofore under the act so revived, be and ed legal. ^^^ ^^^ hereby ratified, legalized and confirmed, and are declared to be of equal force and effect as if the said assess- ments had been paid as required by law. 3. And he it enacted^ That this act shall take effect im- mediately. Approved February 16, 1875. SESSION OF 1876. 27 CHAPTER XXX. An Act to extend the (charter of tlie Trenton Banking Com- pany. 1. Be it enacted by the Senate and General Assernbly Acta extended of the State of ISTew Jersey, That tlie a(;t entitled "An Act f^Jo???""""* to erect and establisli the Trenton Banking Company," passed on the third day of December, eighteen hundred and four, and the act entitled "An Act to renew the charter of the Trenton Banking Company," passed on the third day of April, eighteen hundred and fifty-five, be and the same are ' hereby extended and continued in force for the term of twenty yeara, from and after the time by the last mentioned act limited for the continuance thereof. 2. A7id be it enacted. That the annual election for direc- Time ofhoid- tors of the said corporation shall hereafter be held on the tSfn!""" first Monday of February in each year, at the banking house, in the city of Trenton, at such hour as the board of directors may appoint ; at every election nine directors only shall be ^J^jj' ^^ **' chosen, all of whom shall be residents of this state, and a majority of said directors shall constitute a quorum for the transaction of business ; p7'ovided, that nothing herein con- Pro^iM. tained shall be construed to alter or repeal the provisions of the charter regulating the election of the president and the appointment of the cashier of the said corporation. Approved February 16, 1875. 28 PRIVATE LAWS. CHAPTER XXXIV. An Act to incorporate the Mitchell Fire Company, Number Four, of the City of Burlington. porStora'^^" ^- ^^ ^^ enacted by the Senate and General Assembly of the State of New Jersey^ That David B. Van Slyke, John E. Cheesman, Littleton M. Abdill, Joseph F. Mount. Thomas Stokeley, William R. Schuyler and William Rambo, and all persons who now are or hereafter shall become associates of the Mitchell Fire Company, Number Four, of the City of Burlington, be and they are hereby constituted and declared to be a body corporate and politic, in fact and corporatcnamein law, by the uamc of "The Mitchell Fire Company, Number Four, of the City of Burlington," and by that name shall have perpetual succession, and the other usual powers incident to corporations aggregate of this state. itaJ^toc-y^how^ 2. And he it enacted^ That the capital stock of the said appued. company shall not exceed the sum of fifteen thousand dollars, which shall be applied to the purchase of real estate, furni- ture for their house, and such implements and machines, and to such incidental expenses as shall to tlie said company appear best calculated to secure the property of their fellow citizens from injury or destruction by fire. Election of offl- 3. And be it enacted^ That said company shall elect an^ ceni. nually, out of their own body, a president and such other officers and assistants as they shall deem necessary for con- ducting their aflfairs, according to their constitution and by- laws ; and that said president shall keep in his custody the common seal of the said company, and at the expiration of his term of office shall deliver it over to his successor ; and in their corporate name may institute suits for the recovery of all fines, debts and arrearages due to the said company. Property ex- 4. And he it enacted^ That the property of said company Sion.*^" ***" held under this act shall be free and exempt from taxes and assessments. \ SESSION OF 1875. 29 5. And be it e7iacted^ That this act shall take eflEect immediately. Approved February 18, 1874. CHAPTER XXXV. An act to amend an act entitled "An Act to incorporate tlie Excelsior Hook and Ladder Company Number One, of Scotch Plains, township of Westiield," approved March second, one thousand eight hundred and sixty-nine. 1. Be it enacted iy the Seriate and General AssemBly A^ct sunended. of the State of New Jersey^ That an act entitled "An Act to incorporate the Excelsior Hook and Ladder Company, of Scotch Plains, township of Westfield," approved March sec- ond, one thousand eight hundred and sixty-nine," be and the same is hereby amended by striking out the second, third and fourth sections of said act, and inserting in lieu thereof the following : 2. And he it enacted^ That this corporation shall be Amendment, capable in law of purchasing, holding and conveying, in its corporate name, real estate not exceeding the amount of ten thousand dollars in value, and of purchasing, receiving and holding in its corporate name, personal property, goods and chattels requisite and necessary for the uses and pur- poses of the said corporation as a fire company, and if necessary or expedient to sell, dispose of or replace the same, including all property now owned and possessed by the said corporation. 3. And be it enacted^ That the objects of this corpora- oyecu. tiou are hereby declared to be to assist in the extinguishing of fires, the rescue and removal of persons and property from burning buildings, and buildings in dangerous prox- imity to fire, and generally to preserve the persons and property of their fellow citizens from injury or destruction 30 PRIVATE LAWS. by fire ; the members of this corporation who now are, or shall hereafter become associates of the said corporation, and who shall serve as firemen for seven years, including the time that they or either of them may liave served as a member of the said corporation, previous to this act, shall be entitled to all exemptions and privileges secured to fire- men by existing laws; shall during such service and forever thereafter be exempted from serving as a juror in any of the courts of this state, and from militia duty, except in cases of insurrection or invasion. Certificate to be 4:« And be it cuactedy That the certificate, signed by mem^whfp. *^® president and secretary of the said corporation, and under its corporate seal, shall be conclusive evidence in all cases that the person therein named is, or has been a mem- ber of the said corporation for the period therein stated, and no member of the said corporation shall be individually liable in law or equity for any debt or obligation of the corporation. Repealer. 5. And Be it enacted, That all acts and parts of acts in- consistent herewith be, and the same are hereby repealed, and this act shall take effect immediately. Approved Febuary 18, 1875. CHAPTER XXXVI. An Act to authorize owners of meadow and marsh in the township of Downs, county of Cimaberland, State of New Jersey, to build a bridge over Ware Creek. Names of per- 1. Be IT ENACTED bv the /Senate and General Assembly red to build and scriptions to the capital stock of said company, and when one half of said capital stock shall be subscribed for the commissioners sliall call a meeting of the subscribers to the said capital stock, by an advertisement pu])lished at least ten days pre- viously, in some newspaper published and circulating in the county of Hudson, stating the time and plac3 at which said meeting shall be held, and at which meeting the said sub- scribers shall elect the first board of directors of said corpo- Election of di- , , n , 111 1 rectors and may ration, wlio sliall have power to make such l)y-laws, rules make by-laws, and regulations as may be necessary and convenient for com- ^ ^' mencing and carrying on business under this act \ jyrovuted,^^'''^*'^' said by-laws shall not conflict with the laws of New Jersey or of the United States, or any of them. 7. And he it enacted, That this act shall take effect imme- diately. Approved February 22, 1875. CHAPTER XLIV. An Act to incorporate the Caledonian Club, of Hudson County, New Jersey. 1. Be it enacted hy the Senate and General Assembly of the State of New Jersey, That W. D. Smith, Peter Mc- J'o^SfoV Ewen, Neil Campbell, George Hamilton, Alexander McDon- ald, John Mclnnes, Thomas Walker, David T. Keiler, Alex- Names of corw 42 PRIVATE LAWS. ander Robertson, Alexander Pyle, Archibald Minto, James Alexander, Peter Boag, John Neil, William Harold, Robert H. Muir, Stephen Young, James Aitcheson, Samuel EvanB and such other persons as may become members of the cor- poration hereby created are constituted and declared to be a body corporate and politic by the name and stvle of " The and powers. Caledonian Club, of Hudson County, New Jersey," and by that name they and their successors shall have perpetuJ succession and be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places what- soever, and may liave a common seal, and alter and change the same at pleasure, and that they and their successors by the said name shall be capable in law to purchase, take, re- ceive or hold any estate real or personal by devise or other- wise, to the use of them, their successors or assigns, and to lease, sell, convey, or otherwise dispose of the same as to them shall appear necessary for promoting the interests of Proviso. their corporation; pi^ovided^ the yearly income of such real and personal estate shall not at any time exceed the sum of five thousand dollars. ot^ects and ^- ^^^ ^^ ^^ cnacted^ That the said corporation is hereby purposes of cor- created for tlie purpose of preserving: the ancient literature, poraiioD. i^ t J c» • ' costumes and games of Scotland, establishing a lecture room and library, employing, lecturers, and for such charitable purposes as tlie members of said corporation, or a majority of them, may by their constitution and by-laws direct, and the estate and funds of the said corporation, after paying all proper charges and expenses, shall be exclusively used for the objects aforesaid so far as may be deemed expedient, and for more effectually carrying out the above specified pur- poses the said corporation may apply its funds to the pur- cliase of real estate, and the improvement and erection of buildings thereon, for the benefit, accommodation, and use of the members of said corporation, which real estate may be sold by the corporation, and the proceeds thereof rein- vested as may be deemed expedient. May make and 3. And be it enacted. That the said corporation shall Sitution, by*-* liavc power, from time to time, to make and establish such laws, etc. constitution and by-laws, rules and regulations, as they shall judge proper, not in conflict with this act ; to provide for and regulate the election of officers and members of said SESSION OF 1875. 43 body, for the imposing and collection of admisBion fees, fines and contributions from the members, for regulating the times and places of meeting, for suspending or expelling such members as refuse or neglect to comply with said constitu- tion, by-laws and regulations, and generally for the manage- ment and direction of said corporation. 4. A nd be it enacted^ That the officers of said corporation omcera and m- shall consist of a president, a vice president, a treasurer, a '*"*^ election, recording secretary and a corresponding secretary, who shall be elected annually at such time as may be prescribed by the rules and regulations of the corporation, and shall hold their respective offices for one year, or until their successors shall be elected. , 5. And De it e?iactedjThB,t the business aifairs of said Affairs bj corporation shall be transacted by a board of eleven direc- conducted, tors, who shall be elected annually, and shall hold their office for the term of one year, and that a majority of said board shall have power to make contracts, and all acts and deeds made and done by said board of directors, in their official capacity, sliall be valid ; provided^ that no real estate proviso, shall be bought or sold for the use of said corporation by said directors, unless sanctioned by a two-third majority vote of tlie members of the corporation present at a regular meet- ing ; all the members of said corporation to be duly notified by the corresponding secretary in writing, of such proposed purchase or sale, (me month previous to action thereon. 6. And be it enacted^ That the first five corporators spcci- j^^^^^^^^^^j tied in the first section of this act, viz. : W. D. Smith, Peter board of direo- McEwen, George Hamilton, Neil Campbell, Alexander M<5- °™' Donald, together with John Ilaydock, Daniel Payne and Robert Duncan, of the finance committee, and James Neil, Alexander Milne and James Stuart, of the property com- mittee, shall constitute the board of directors for one year, from the first of January last, and until tlieir successors, shall be appointed or elected. 7. And be it enacted. That the treasurer of said corpora- May require tion may be required to give bonds in such sum as the board give bond». of directors may rec^uire, with approved security to said cor- poration by their corporate name, conditioned for the faith- ful pertbrmance of the duties of his office, and said bond shall be valid in law. ^^-^lif ^ 8. And be it enacted, Thti,t the legislature reserve theJILaied. ^^ ^^ 44 PRIVATE LAWS. right at any time hereafter to repeal, alter, or modify this act. 9. A?i(l be it enacted^ That this act shall take effect immediately. Approved February 22, 1874. CHAPTER XLV. An act to authorize Samuel H. Weatherby, William F. Lip- pincott and AVilliam M. Weatlierby to build and main- tain a wharf in front of their lands on Salem Creek, in the township of Pilesgrove, in the county of Salem. Authorized to 1- Be IT ENACTED hy the Senate and General Assembly SiS^wharve^J "■ ^/ ^6 State of jHeio Jersey,, That Samuel II. Weatherby, piera, bulk- ' William F. Lippincott ancl William M. Weatherbv be and uGflus etc *' they are hereby authorized and empowered to erect ami maintain all such wharves, piers and bulkheads in tVont of their lands on Salem Creek, in the township of Pilesgrove, (!Ounty of Salem, as they may deem proper and necessary for the improvement of their property, or for the benelit of commerce, and to collect wharfage for the use thereof, and to hold, use and enjoy the same to themselves, their heirs ProviHo. and assigns ; ^>;*oi;/^/j^/^ however, that such wharf, pier, or bulkhead shall not extend so far out into said stream as ti> injure or impede the navigation of the same, and that noth- ing in this act shall affect tlie rights of the state, to the lands lying under water ; and the compensation for said lands shall be fixed by tlie Riparian Commissioners and shall be paid or secured to the state to the satisfaction of the Governor on or before the tirst day of Jannary next, and in default thereof then this act and all the provisions thereof shall thereupon cease and be of no force or effect. 2. And be it enacted, That this act shall take effect imme- diately. Approved Fel)ruary 22, 1675. ••If SESSION OF 1875. 45 May increase CHAPTER XLVII. A Suppleiuent to an act entitled " An Act to incorporate the New York and Long Brancli Railroad Company," passed April eightli, eighteen hundred and ftixty-eight. 1. Be it enacted iy the Seyiate and General Assembly ^^ ^^ ^ of the State of Nexo Jersey^ That it shall be lawful for capital stock, the New York and Long Branch Railroad Company, from time to time, with tlie assent of a majority in interest of the stockholders, to increase tlieir capital stock to any sum not exceeding two million of dollars. 2. And be it enacted. That it sliall he lawful for the said May chanp© or .1 1. xi 1 A.' 1* x.\ ' • 1 •! alt(^r location of -company to change or alter the location ot their said rail- road or to so lo- road, or to locate new lines or branches, not varying in any pt^f ^^^ *^"**' (tase over one mile from tlie line as located, after tiling in the office of the secretary of state a survey of such location as varied from the original location ; and sliall be invested with all the powers and privileges, and subject to all the conditions and restrictions in taking possession of and using the land required, which by tlieir act of incorporation they might exercise, and to which they are subject respecting lands required for the road. 3. A7id be it enacted^ That it shall be lawful for the said May lease their company to purchase, lease or operate, or to lease their road,^^^ J^^J^J^i"" or any part thereof, to or consolidate the same with any rail- other niiroML. road w'hich may at any time connect with or intersect their road, or to guarantee the bonds of such company, or to con- solidate the stock of said company with their own on terms to be mutually agreed on ; promded^ such purchase or con- P'<*^**<*- solidation shall not be made without the assent of a majority in interest of the stockholders. 4. And be it enacted^ That this act shall be deemed a public act, and shall take effect immediately. Passed February 23, 1876. 46 PRIVATE LAWS. CHAPTER XLVIII. A Supplement to the act entitled " An Act to incorporate the Eatontown and Sea Shore Turnpike Company," approved February ninth, eighteen hundred and sixty- live. iMrectoraau- ^' ^^ ^ ENACTED by the Senate and General Assembly thoriMdtoieaset?^ the State of New Jersey, That the directors of the or^ urnp ^ Y»2i.toiitoym. and Sea Shore Turnpike Company, the Long Branch and Deal Turnpike Company, and the Mechanics- ville and Oceanville Turnpike Company, are hereby author- ized and empowered to lease or sell a part or the whole of Baid turnpike roads at such times and upon such terms as the stockholders or a majority may direct, at any meeting called for such purpose. 2. And be it enacted, That this act shall take effect unme- diately. Passed February 23, 1875. CHAPTER XLIX. An act to incorporate the Worthy Grand Lodge of the American Protestant Association of the State of N6w Jersey. KameB of cor- 1. Be n ENACTED by the Senate and General Assembly poratoM. ^ ^f^ State of New Jersey, That James Logan, Jacob Seiswenger, August C. Schaufell, Frederick Ahrens, Jacob A. Schillen, Thomas Orr, Andrew Baird, Thomas Schick, SESSION OF 1875. 47 Adam Flomer and Peter J. Edmond and their associates, officers and members of the Worthy Grand Lodge of the American Protestant Association of tlie state of Kew Jer- sey, and their successors, be and they are hereby constituted and declared to be a body corporate and politic in law, by the name, style and title of " The Worthy Grand Lodge corporate name of the American Protestant Association of the State of New Jersey," and by that name they and their successors shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and shall have power to make and use a common seal and the same at pleasure to alter, and they and their successors shall and may at all times liereafter be capable in law of liaving, purchasing, holding and possessing any lands, tenements, My haye, how hereditaments and personal estate, purchased, devised or Sliidsl eU!" bequeathed by any person or persons, bodies corporate or politic, capable of making the same ; provided always thatProTi«)w the said corporation or body politic shall not at any time hold or possess property, real, personal or mixed, exceeding in value the sum of twenty-iive thousand dollars. 2. An& be it enacted^ That this act shall take effect imme- diately. Approved February 23, 1875. CHAPTER L. A Further Supplement to an act entitled "An act to incor- porate the Miners' Savings Bank of Dover, New Jersey," approved February seventh, eighteen hundred and sev- enty-one. 1. Be it enacted by the Senate and General Assembly B/e^etim. of the State of New Jersey, That so much of section fifth (5th) of the act to which this is a supplement, which limits the managers of the Miners' Savings Bank of Dover to in- 48 PRIVATE LAWS. vest a portion of their fund? in temporary or call-loans upon approved personal or collateral security, to an amount not to exceed ten thousand dollars, be and the same is hereby Managers may repealed: and the manaJe«t8 and purposes. PRIVATE LAWS. the constitution and laws of this state or of the United States of America. 6. A?id he it enacted^ That the objects of this association shall be to maintain and promote the interests of the Ameri- can youth ; to assist them in obtaining employment ; to encourage them in business ; to afford relief to the members thereof, and to defray the expenses of their funerals or such other cases of distress as sliall be defined by the by-laws. 6. And be it enacted^ That this act shall be deemed a public act and shall take effect immediately. Approved February 25, 1875. CHAPTER LX. A Further Supplement to an act entitled " An act for es- tablishing a turnpike road from the town of Ilackensack to Iloboken, in the county of Bergen," passed Noreml)er thirtieth, eighteen hundred and two. ^werandau- 1. Be IT ENACTED by the Senate and General Assembly struct a railroad of the State of New Jepsoy^ That tlie Bergen Turnpike ^^' Company are hereby authorized and empowered to lay down and construct a railroad, with the necessary turn-outs and switches, from some point at or near the present terminus of their turnpike road in the village of Ilackensack, near the intersection of Main street and Passaic street, thence along Main street northerly to Grand avenue, tlience along Grand avenue southerly to Clinton Place,tlience along Clinton Place easterly to Linden street, thentre along Linden street south- westerly to Anderson street, tlience along Andereon street easterly to Main street, and also from their said turnpike road at the intersection of Essex street, westerly to First street or the Politly road, witli a branch or branches to the railroad depots as tlie same now are, or may hereafter be located, said railroad and the branches aforesaid to be con- SESSION OF 1875. 55 fitructed and operated from time to time, and in such por- tions or sections on any part of the aforesaid route or streets as the said company shall deem expedient; providsd^ thatP«>Ti«o. the said railroad shall be so constructed as to interfere as little as conveniently may be witli the streets in which it shall be laid. 2. And he it enacted^ That the track to be laid by said width of tew* <;ompany, by virtue of the authority (ionferred by this act, as well as the track which shall be laid upon their said turn- pike road, within the limits of the village of Hackensack, under the authority conferred by an act, being a further supplement to the act incorponiting said company, approved March iifth, eighteen hundred and fifty -eight, shall be of the same width as the wagon track now established by law, and the same shall be laid level with the surface of said streets, and in conformity with the grade thereof, as the same now is, or hereafter may be established by the proper authority ; and it shall be the duty of the said company to keep the surface of the streets inside the rails, and for two feet outside thereof, at its proper grade and in good order and repair, and whenever any macadamizing or other mode of paving shall be ordered by competent autliority, in any portion of any street in which the track, authorized by this act, or by said supplement of March fifth, eighteen hundred and fiftv-eight, shall be laid, the said company shall cause ^«"lP*°y*^ such macadamizing or paving to be done at their own raiia and keep expense, in such part of said street, between the rails of der »nd repair, their said track and for two feet on each side thereof, and shall keep and maintain the same in good order and repair ; pro vi<['id however^ i\i^t the building, constructing and re-P«>Yi8o. pairs to said railroads in public streets, roads and avenues from time to time, shall be under sucli reasonable restric- tions and regulations as the municipal or other proper au- thority, having control of said streets, roads and avenues, may from time to time prescrilie. ?). And be it enacted^ That the said company shall have power to par- power to purchase all such machinery, horses, mules, cars et" and to'oofr or other vehicles, for the transportation of persons and prop- [^n^tatioL •erty on said railroad as they may think expedient, and to use and operate the same on the railroad hereby authorized, or on any portion ^f the track which shall be laid upon their 8aid turnpike road, under the authority conferred by the 56 PRIVATE LAWS. Proviso. May hold real estate, etc. May iocrease ait capital stock. May borrow money, etc. aforesaid supplement, but no steam power shall be used as a motive or propelling power on said railroad, or on said turn- pike road, and the said company are hereby authorized to demand and receive such sums of money for the transpor- tation of persons or property thereon as they may think reasonable and proper ; j)rovHled^ tliat not more tlian ten cents shall be demanded or received for conveying any per- son from any point to another point upon the railroad of said company, within a distancre of two miles. 4. )And he it enacted^ That the said company may pur- chase and hold real estate at such places along the line of the said road as they may desire, and may erect and build thereon depots, stables, sliops and sucfh other buildings and improvements as may be necessary for carrying out the pur- poses of this act. 5. And he it enacted^ That the said company are hereby autliorized to increase their capital stock from time to time to sucli an amount as shall be equal to the cost of the con- struction and equipment of said railroad, in shares of ten dollars each, and that the same shall be subscribed for, paid and collected in the manner specified by an act being a fur- ther supplement to the act incorporating said company, approved February twenty-second, eighteen hundred and fifty-three. 6. And he it enacted^ That the said corporation shsdl have power to borrow such sums of money from time to time as shall be necessary to build, construct, repair or ecjulp their said road, and to secure tlie payment thereof by bond and mortgage, or otherwise, on any portion of the said railroad, turnpike road, lands, privileges, franchises and appurtenances of said company, at the rate of interest not exceeding seven per centum per annum. 7. And he it enacted^ That this act shall take effect imme- diately. Approved February 25, 1875. SESSION OF 1875. 5T CHAPTER LXXII. A further supplement to an act entitled "An act to incorpo- rate the Peoples*' Fire Insurance Company," of Trenton. 1. Be it ENACTiiD hy the Senate and General Assembly ^'^^^'^^^*^^<^ , J* 7 rt /» -nr r mi i ^^ -n» i < t^« t increase capital oj the /State of JSexo Jersey^ That the " Peoples rire In- stock. surance Company" of Trenton be, a*nd they are hereby authorized to increase their capital stock from time to time, as the board of directors may determine, to an amount not exceeding five Inmdred thousand dollars. 2. And be it enacted^ That the increased capital hereby increased capi- antliorized shall be divided into six thousand sliares of fifty and?ow*iMued. dollars each, and mav be issued by the directors at such times and in such manner as tliey may deem most expedient for the interest of tlie company; provided^ that the stock- Proviso, holders of the company, at the time of such issue, shall be first entitled to take such additional stock in proportion to the number of shares held by them respectively. 3. And be it enacted^ That this act shall take effect im- mediately. Approved Marcli 2, 1875. CHAPTER LXXIII. An Act to incorporate the Paulsboro' Hall Association. 1. Be n' ENACTED hy the Seriate and General AsseTuily^^^^^^ of the State of New Jersey^ That Henry Loudenslager, M. <»rporatoi». GUI, W. E. Gaunt, E. G. Miller, S. Hopkins, C. E. Gibbs, C. N. Shuster, W. A. Mullen, Samuel T. Miller, I. J. Cow- 58 PRIVATE LAWS. gill, C. W. Wilkins and Thomas B. Lodge, and all such other persons as may hereafter be associated with them and their successors, he, and they are hereby created a body politic and corporate, in fact and in law, by the name and Corporate name title of the " Paulsboro Hall Association," and by tliat name and title sliall have and possess all tlie powers and privi- leges, which bv the laws of this state are now incident and belonging to corporations, oiuectf. 2. And be it enacted^ That the object of the said asso- ciation shall be to erect and maintain, within the village of Paulsboro', in the county of Gloucester in this state, a suit- able building or buildings, whereby to provide necessary and proper accommodations for lectures, meetings, exhibitions, concerts, stores, lodge rooms, library rooms and purposes of a like character. Amount of capi- ^- And be it enacted J That the capital stock of said asso- tai stock. ciation shall be ten thousand dollars, divided into shares of ten dollars each, and shall be paid by the stockholders at such time and in such manner and by such installments as the directors of said association shall direct, and sucli shares shall be deemed personal property, and shall be transferrable but only on the books of said association in such manner as the said association may by their by-laws direct ; and the May increase Said association may at any time hereafter increase their capital stock, ^j^pital stock to any amount not exceeding thirty thousand dollars. pwnn;i»8i^era 4. Aiid be it enacted^ That the before named persons or and receive sub- any three of them who may be chosen bv a maioritv of said «cnp ons. persons, shall be and they are hereby appointed c"»*^« ^7- 1&W8 GtC association to make and estaWish such bv-laws for the gov- emment and management thereof as may l>e deemed proper and necessary; ^^r^^r/rfi?^/*, that such by-laws shall not con- flict with the constitution of this state or of the United States, or of tlie provisions of this act. 7. And be it enacted^ Tliat the said association, for the Power to re- purpose of erecting and maintaining such building or build- sen andi^fease ings for the piu-poses specified in section two of this act, Jf pn)perty?^°' shall have power and antliority to receive by gift, devise, bequest or purcliase, and to use, hold, possess and enjoy sucli real and personal pro[)erty as shall be necessary and proper for the purpose hereinbefore specified, and the same or any part of said real and personal property, to sell, lease, hire, mortgage or otherwise dispose of at pleasure, and to ask, demand and receive for the said association's own use sucjh sum or sums of money for the rent and use of such building or buildings, or any part or parts thereof, as shall be fixed and determined bv the said board of directors. 8. And be it enacted. That the said association shall have May borrow 1 ,1 .. ^ , 1 t» money and 8©- power and authority to borrow such sum or sums ot money pure «ame by as, from time to time, shall be necessary for the uses and inS^m^o'rtgage! purposes of the said association, as hereinbefore specified and set forth, and to secure the payment therefor by bond or bonds and mortgage, or otherwise, or lands and real estate, 60 PRIVATE LAWS. and appurtenancert of or belonging to said association, at & rate of interest not ex(*eeding seven per centum per annum. Proflteto bedi- ^- ^^^^d be it enacted^ That so much of the profits of said stockhokierf a*^sociation as tlie directors thereof may, from time to time, think fit, shall be divided among the stockholders, hut no dividend or dividends shall be declared which will impair the capital of said association. 10. Arid be it enacted^ That this act shall take effect im- mediately. Approved Man^h 2, 1875. CHAPTER LXXIV. A Supplement to an act entitled " An act to incorporate tlie Union Iron Company," approved April seventh, eighteen hundred and sixtv-eiijht. chaS^!^"**"^ 1. Be it knacted by the Senate and General AsserMy of the State of JVeic Jersey^ That the name of the cor- poration created by thri a-^t to which this is a supplem?nt, be chant'ed to the name of the " North Jersey Iron Com- pany," and that all the legal rights and liabilities of said corporation shall remain the same as if this act had not been passed. May locate of- 2. And be it enacted. That it shall be lawful for the said flCfi Afr/» Ifl ' Morris county, compauy to locatc their oflice, furnace and works in the county of Morris, instead of in the county of Hunterdon, if they tliink it necessary or desirable to do so. 3. And be it enacted^ That this act shall take effect im- mediately. Approved March 2, 1875. I SESSION OF 1875. 61 CHAPTER LXXV. A Furtlier 8uppleineut to an act entitled *' An act to incor- porate the Farmingdale and Squan Village Railroad Com- pany," approved April third, eighteen hundred and sixty- seven. 1. Be it enactkd hy the Senate and General Assembly » ,^ _. ^^ M ,1 CI, , /» -*7- -r n^^ ^ • i //^ i ti . Authorised to of the btate of J\ew Jersey^ ihat the said " the Inarming- extend railroad, dale and Squan Village Railroad Company " ])e and tlie}' are hereby antliorized and empowered to extend their rail- road from some point at or near the present terminus at Squan Village, in tlie county of Monmouth, to some point at or near Long Branch, in said county ; and for said pur- pose, the said company shall have all the powers conferred on them in the act to which tliis is a further supplement ; . and said company shall have power to connect their road ^»y <^»nn«;t . _ - , *^ •- , Ml X With any other With that ot any other railroad company at or near Long railroad. Branch. 2. And f)e it enarted. That the said company sliall hayePo^"*«*»<>'^ . ' J. ^ A ^. ^ row money and power to borrow such sum or sums ot money trom time to to secure aame time, as shall be necessary to build and construct said exten- mortgage^on sion of said railroad, and to secure the payment thereof by ^^^' ^'*^' l>ond and first mortgage, or otherwise on said road, lands, privileges, franchises, depots and appurtenances of or belong- ing to said extension, at a rate of interest not exceeding seven per cent., per annum, which mortgage shall have priority over any mortgages that have been or may hereafter Jai'e^i^orUy be executed on the main line of said road ; and it shall not ^^o/t*a V'***"^ be lawful to plead usury on their bonds or other securities sold, or that at any time may be sold, ])y them at such prices, as at the time they thought best for the interests of the company, but said securities shall at all times be good against said company for their face value. 3. An(f be it enacted, That this act shall take eifect im- mediately. Approved March 2, 1875. 1 62 PRIVATE LAWS. CHAPTER LXXX. A Further Supplement to the act entitled " An act to incor- porate the Longwood Valley Railroad," approved April third, anno domini eighteen hundred and sixty-seven. Authoriz2d to ^^ gg ^ ENACTED hv the Senate and General AssemUn stock. of the State of New Jersey^ That the Longwood Valley Railroad Company be and they are hereby authorized and empowered, at any time to increase their capital stock to an amoimt not exceeding two millions of dollars. Sr^m°iluSn ^* -4/iflJ he it enacted^ That the time limited for the com- oxtendcd. plctiou of Said road, be and the same is hereby extended tor two years from the first day of April, anno domini eighteen hundred and seventy-six. 3. And he it enacted^ That this shall be deemed and taken to be a public act, and shall take effect immediately. Approved March 3, 1875. CHAPTER LXXXI. An Act to incorporate the Mutual Fire Insurance Company, of Hudson County. KamoBof corpo- 1. Be IT ENACTED hy the Senate and General ^LssemUy "***"• of the State of New Jersey, That William Cox, Charl® i . Ruh, Louis Linnewerth, Daniel Bermes, Peter Schupp, Michael Weigand, Charles Knack, Andreas Riemensclmei- der, Andrew Beck, Adolph Meckert, Otto Kohler, Freder- ick Frambach, Charles Schlembach, Wm. J. Danielson, Charles Rau, Louis C. Hauenstein, Henry Kuelil, John SESSION OF 1875. G3 Scliupp, John Kiintz, Charles Wittreich, John Weigand, Warren Smyth, John Dwyer, Charles Wnrtz, Sr., Edward Knack, and all other persons who may hereafter associate with them in the manner hereinafter prescribed, sliall be a corporation by the name of the "Mutual Fire Insurance Corporate nam© Company, of Hudson County," for tlie purpose of insuring their respective buildings, household furniture, merchandize and other property against loss or damage by tire, and by that name tliey and their successors may liave perpetual succes- sion, and sliall 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, tOQ^ncraipowcn. them and tlieir successors, lands, tenements, liereditaments, goods, chattels and effects, of wliat nature and kind soever, necessary for the purpose of said corporation, and tlie same may grant, demise, alien and dispose of at. pleasure for the beneiit of said company, and may also have a common seal, and alter and renew tlie same at pleasure, also may make and establisli such by-laws and regulations as to them shall seem necessary for tlie well ordering and government of the Baid company, and put the same into execution ; provided^ ptotIso. that they be not contrary to the constitution or laws of this state or of the United States. 2. And be it enacted^ That all persons who shall insure parsons insnr- with the said corporation, and also their heirs, executors, membeMT'"^ administrators and assigns, continuing to be insured in the same as hereinafter provided for, shall thereby become mem- bers thereof during the period they remain insured by said corporation, and no longer. 3. And be it enacted^ That all the affairs, property and ^^.^j^ ^^ i^ concerns of said corporation shall be manaojed and conducted managed by di- by thirteen directors, who shall continue in office one year, and until others shall be chosen in their place, all of whom shall be members of the said corporation, and shall take an oath or affirmation of office, and choose out of their body a president and vice president ; all vacancies may be filled for Y^^"*^^®" ^®^ the remainder of the year by such person or persons as a majority of the board of directors for the time being may appoint, and five of whom shall constitute a quorum for the transaction of business. 4. And be it enacted^ That William Cox, Charles F. Ruh, Names of iii«t Ix)uis Linnewerth, Daniel Bermes, Peter Schupp, Michael "^^"* -64 . PRIVATE LAWS. Weigand, Charles Knack, Andreas RiemenscJineider, An- drew Beck, Adolpli Meckert, Otto Koliler, Frederick Fram- bach and Charles Schlembach, shall be the first dire<;itors of said corporation, and that annually hereafter a board of directors may be elected at sucli time and place in the town of l^nion, county of Hudson and state of New Jersey, as the recfora"^'^^' said corporation in their by-laws shall appoint ; of each elec- tion due notice shall be given, in at least one of the public newspapers printed in said county, for two weeks immediately preceding such election ; and it shall be the duty of the board of directors to appoint three discreet persons, not members of said board, to be inspectors of such election, and to count the votes that may be given in, and to declare tlie result of such ele(»tion, which shall be by a plurality of the votes of the members or their proxies then present, allowing one vote* to each member for every one hundred dollars insured in said company at the time of such election ; and it sliall be the duty of such inspectors or a majority of them, to make and sign a certificate of the result of sucli election, statins: who are elected by the greatest number of votes, and deliver such certificate to the secretary of the company for the time being, which certificate shall be filed and recorded by tlie secretary, and be conclusive evidence of the result of such election, until set aside by some court having competent authority to do so. fiSlre*?te/°^°^" ^' "'^^*^ ^^ ^^ enacted^ That the board of directors may appoint a secretary and such other officers and agents as may be re(juisite for effecting the business of said company, and allow them such compensation as may be agreed upon, and also determine the rates of insurance, the sum to be insured, and the sum to be deposited for any insurance. Contracts may 6. And hc H €71 (xcted^ Tliat all policies or contracts founded withoutseai.ete thereon, which shall be made or entered into by the said company, may be made under the seal thereof, and shall be subscribed by the president and attested l>y the secretary, and being so subscribed and attested by the secretary, shall be binding and obligatory upcm said company, and the com- pany shall be liable for all loss or damages sustained, agree- able to and on such terms and conditions as shall be C4)n- tained in the policy. 7. And he it enacted^ That every person who shall become insured in said company shall, before he receives his or her SESSION OF 1875. 66 policy, pay snch sum of money and deposit their promissory Persons insured note or notes for such sum or sums of money as sliall be Loney Ynd"^^ determined upon by the directors, such note or notes to beP^^PJ^^™**" paid at such time and in such manner as the by-laws may determiiie ; and it shall be lawful for said company to loan or put out at interest their moneys, or any part thereof, not May invest immediately wanted for the purposes of said corporation, on '"^^^^^y** ®^- bonds and mortgages, on real estate, government or other dividend-paying stocks and securities, and may from time to time call in such monev or change such investments. 8. A7idbe tt enacted^ That there shall be a cash ^-apital ^moont^ofcash of fifty thousand dollars paid in before commencing opera- paW in. etc. tions upon other than a mutual plan, as an additional security to the members and others effecting insurance therein, which <^ash capital shall be left open for accumulation, and shall be loaned and invested, and the said company may allow an interest on said cash capital, and prescribe the liability of the owners thereof to share in the losses of the company, and such cash capital shall be liable in the payment of the debts of the company. 9. A7id he it enacted^ That when any property insured by when a°dhow the said corporation shall be alienated by sale or otherw'ise, JanceiTed"* the policy of such insurance may be surrendered to the directors of said company to be cancelled, and upon such surrender the assured shall be entitled to receive his note or notes upon payment of his proportion of all losses, risk and expenses that have accrued prior to such surrender ; but the grantee or alienee having tlie policy assigned to him, may (;„nt^ etc,, have the same ratiKed and ccmfirmcd to him for his own'"*?'-^^<^P?"*^y . IT T ratified and proper use and l)eneiit, upon application to the directors and confirmed, with their consent, within thirty days next after such alien- ation, on giving proper security to the satisfaction of said directors, and by suc^h ratifications and confirmatiim, such grantees or alienees shall be entitled to all the rights and privileges, and be subject to all liabilities to which the origi- nal party to whom the policy insured was entitled and sub- jected. 10. And be it enacted^ That the officers of said company, ™fiS,*i^d*foM. at the expiration of one year from the time the first policy es to be made, shall have been issued, or within one month thereafter, and within one month of every subsequent year, shall cause an estimate to be made of the profits and losses, and true state 5 PRIVATE LAWS. chapteh lxxxiii. An act confirming and making valid flie lut entitled " An Act to incorporate tlie Germania Mutiiiil Saving;!; Insti- tution," approved March fonrteentli, one thcmsaiid eight hundred and Beventy-one, and the Buppk'nient thereto, approved March first, one thousand eight linndred and seven ty-t wo. rtTBTiyedsnd !• Be IT ENACTED by the Sejiate and General Assembly ^Md'effMt."/^''^ State of New Jersey, Tlmt the ad entitled "An Act to incorporate the Germania Mutual Savings Institu- tion," approved March fourteenth, one thmisand eight hun- dred and seventy-one, and the supplement thi'i-eto, approved March first, one thousand eight hundred aiid seventy-two, be and the samo are herehy de<;lared to l>e of full force and effeitt, the same as if the state tax upon said actti had been paid within the time prescribed by law, and all the rights, powers and francliises, in the Raid acts conferred upon eaid corporation, are herehy continued and declared to be vested in and exercisable by said corporation aa fully as in said acts are set forth, and all and every act matter or thing done and performed liy said corporation, under the provisions of said acts, he nnd the same are hereby ratified anil made valid ; roTiso. provided, that the state assessments upon the eaid original act and supplement, and on this act be paid on or before the first day of Jidy next, at>er the passage of this act. 2. And be it enacted. That this act shnli be a public act and eliall take eft'ect immediately. Approved Marcli 9, 1875. SESSION OF 1876. 67 17. And he it enacted^ That this act shall take effect immediately. Approved March 8, 1875. CHAPTER LXXXII. An act to authorize the trustees of the Presbyterian Church at Woodstown, in the coimty of Salem, to sell and con- vey certain real estate. 1. Be ft enacted ^y the Senate and General Assembly rr ♦^-.. M t n /» TIT- *^T mi 1 /» 1 T^ TrU8teC8 &U» of the State of Ne%o Jersey^ That the trustees of the Pres-thori«dto8©ii byterian church, of the village of Woodstown, in the county o?iar^°^*^ of Salem, or their successors in office, be, and they are hereby authorized and empowered to sell and convey a certain lot of land situate in said village of Woodstown, in the said county of Salem, now held in trust as the property of the said Presbyterian church of Woodstown, by virtue of a deed made to the trustees of said churcli by Charlotte Ped- rick, bearing date the twenty-third day of December anno domini eighteen hundred and sixty-five, and to make, exe- cute and deliver a good and sufficient deed of conveyance therefor to the purchaser or purchasers for the same, and that such deed or deeds of conveyance shall be good and effectual in law. 2. A nd he it enacted^ That this act shall be deemed a pub- lic act and shall take effect immediately. Approved March 9, 1875. 68 PRIVATE LAWS. CHAPTER LXXXIII. An act confirming and making valid the act entitled " An Act to incorporate the Germania Mutual Savings Insti- tution," approved March fourteenth, one thousand eight hundred and seventy-one, and tlie supplement thereto, approved March first, one thousand eight Inindred and seventy-two. Act revived and 1- Re IT ENACTED hy the Senate and General Assefnbly fo'J^and effecu ^f ^^^ ^^^^^ ^/ ^^'^ Jerseij, That the act entitled " An Act to incorporate the Germania Mutual Savings Institu- tion," approved March fourteentli, one thousand eight liun- dred and seventy -one, and the supplement thereto, approved March first, one thousand eight hundred and seventy-two, be and the same are hereby declared to be of full force and effect, the same as if the state tax upon said acts liad been paid within the time prescribed by law, and all the rights, powers and franchises, in tlie said acts conferred upon said corporation, are liereby continued and declared to be vested in and exercisable by said corporation as fully as in said acts are set forth, and all and every act matter or thing done and performed by said coi*poration, under the provisions of said acts, be and the same are hereby ratified and made valid ; Proviso. provided, that the state assessments upon the said original act and supplement, and on this act be paid on or before the first day of July next, after the passage of this act. 2. A7id be it enacted. That this act shall be a public act and shall take eftect immediately. Approved March 9, 1875. SESSION OF 1875. 69 CHAPTER LXXXIX. An Act to incorporate the Stanhope Union Cemetery. 1. Be it enacted hy the Senate and General Assembly corponton. of the /State of New Jersey^ That W. H. Staekhouse, John M. Knight, John S. Van Arsdale, Joseph II. Bissell, C. J. Cottrell, G. G. Palmer, John Osborn, Ricliard Applegit, William Bro^^Tl, and such others as shall become associated with them, shall be and are liereby created, declared and constituted a body corporate and politic, by the name of the Stanliope Union Cemetery, with.tlie general powers and ^n>orate name privileges of a corporation. 2. And he it enacted^ That the said association shall have May purchwe, power to purchase, to take and hold in fee, a trvict or tracts lands to be used of land, situate near Stanhope, hi the county of Morris or JlJIrpos^!*^ Sussex, in the state of New Jersey, not to exceed twenty acres, for the use and purpose of a cemetery, and erect thereon such buildings and other improvements as the direc- tors may deem suitable and necessary for the objects of said corporation, and may sell or otherwise dispose of the sub- May seu and lots or plats in the said cemetery, to the several purchasers lots^^fc!^ or owners tliereof, by a good and sufficient deed or deeds of conveyance, under the corporate seal of said association, signed by the president and secretary thereof, to be used only as a (jemetery for the burial of deceased persons, with the use and privilege of the several avenues, passages and walks, and other accommodations therein and thereunto be- longing ; subject, however, to such rules, regulations and restrictions as may be establislied in relation thereto by any by-law or ordinance of the said association ; transfers of sub- lots, or rights tliereunto, may be made by the owner or owners thereof by simple assignment annexed to said deed, but shall not be valid until the assignment is recorded on the books of said association; provided^ \\\9X all parts ofproTiso. land not required for cemetery purposes shall be sold within one year after tlie purcliase of the same. 70 PRIVATE LAWS. May sell and 3. And be it enacted^ That if any of the lands purcliased uSsdTted for"** h J the said corporation for the purpose aforesaid shall be purpoeea, etc. unsuited for the purpose of a cemetery, or if the title made to such corporation shall contain any restriction prohibiting them from using such lancj for such purposes, then it shall be lawful for said corporation to sell and dispose of snch parts thereof as are unsuited for or which they are prohibited from using for said purposes. Ajffkirahowand 4. And be it enacted^ That the business and concerns of dueted**^d*°" the Said corporation shall be conducted and managed by a managed. board of directors, consisting of seven persons, all of whom shall be residents of this state, and who shall be elected annually, at such time and place as the by-laws may direct, upon notice given at least ten days previous thereto, by ad- vertisements in two newspapers published or circulated in the county where said cemetery is now or shall hereafter be located, at which election each share of stock shall entitle the holder thereof to one vote ; and the said directors shall elect one of tlieir number president, and shall appoint such other officers and agents as they may deem expedient, and fix the compensation to be paid them ; they shall have power to fill all vacancies in tlieir own number until the annual meeting next ensuing ; and the said board of directors shall have power to make and establish all needful rules, regula- tions, ordinances and by-law^s, and affix from time to time, to the several plats and lots, such prices as they shall deem reasonable and proper, and shall have the sole charge, con- trol and superintendence of said cemetery. Fim directors. 5. And be it enacted^^\\9X^ until the first election of directors, the persons named in the first section of this act shall be the directors, and may act' as such until othera are chosen in their stead ; and in case it should happen that an FaUuroto elect election of directors should not be made during the dav fixed directors corpo- , i i i i . i . i ti ^ i. i ^ ration not to be by the by-law8, the said corporation shall not lor that cause ^^"^ ^ * be deemed to be dissolved, but such election may be held at any other time, upon due notice being given by the directors, and the directors for the time being shall continue to hold their office until others are chosen. Money jpaid for 6. And be it enacted^ That the sum or consideration proviM *™' which the said corporation may agree to pay for the tract or fTtheoipiul*** t^'^cts ^f l*^iid hereinbefore mentioned, and the sums which stock. shall be expended in embellishing, improving, beautifying. SESSION OF 1875. 71 erecting fenceSj buildings, and other necessary accommoda- tions, shall be tKe capital stock of the said association, and shall be divided into shares of twenty-five dollars each. 7. And he it enacted^ That on the sale of any or all of proceeds of sale the lots or plats in said cemetery, not less than twenty-five J^idSi^etc.*** per centum of the net proceeds shall be appropriated or fanded for the further embellishment and maintaining the improvements, fences, and other accommodations of said cemetery grounds, and the balance received shall belong to and be divided among the stockholders according to their several interests ; and whatever sum shall be fimded as afore- said, the same shall be free from all taxes, and no taxes or assessments shall be imposed on the lot owners thereof. 8. And be it enacted, That it sliall be lawful for the P^^J^^^^^^i*^^ directors, or a majority of them, to call in the substjriptions ^ capital stock, to the capital stock at such times, and in such sums, and upon such notice, as they may deem reasonable, and a failure to comply with sucli notice on the part of any stockholder, shall, at the option of the directors, or a majority of them, be cause of forfeiture of all moneys paid thereon, all rights by virtue of his or her subscription to such stock shall be vitiated. 9. A nd be it eiiacted. That tlie said corporation sliall have, capital stock use, and exercise all the rights and privileges incident to a empt^from^ux- corporation herein stated, and shall be exempt from all taxes, *^^°°- assessments and charges upon their capital stock, and the property which they may acquire, hold or possess, and the real estate of said corporation, and tlie said lots and parcels when conveyed by the said corporation, or when sold to individual proprietors, or held by any person for cemetery purposes, shall be exempt from all taxation or assessment whatsoever, and shall not be liable to be sold in execution, or subject to attachment, or applied to the payment of debts by assignment, under any insolvent or bankrupt laws, but may be conveyed under such regulations as the said directors may adopt. 10. And be it enacted, That no public street or road road to be ^ shall hereafter be opened through the cemetery grounds cemeter^y "*"*** without the consent of the said corporation. grounds. 11. And be it enacted. That any association of persons. Associations, for benevolent purposes, and also any religious society, may ?^Mrand^hoid purchase and hold lots in said cemetery, adjacent to each ^^**- 72 PRIVATE LAWS. other, in which they may bury, agreeably to any particular rites or ceremonies of their own, subject only to tlie rules and regulations prescribed by the said board of directors. holSan^*' rant ^^' ^^^^ ^^ ^^ enacted^ That the said corporation may bequest In trust take and hold any grant, donation or bequest of property, provement, etc., upon trust, to apply the same, or the income thereof, under of cemetery, ^.j^^ direction of the board of directors, for the improvement or embellishment of the said cemetery, or for the erection, repair, preservation or renewal of any tomb, monument or grave-stone, fence, railing or other erection, or for the plant- ing or cultivation of trees, shrubs, flowers or plants, in or around any cemetery lot, or for improving the said premises in any other manner or form, consistent with the desiio^ or purposes of this act, according to terms of such grant, dona- tion or bequest. 13. And be it enacted^ That this act shall take effect immediately. Approved March 9, 1875. CHAPTER XC. A Further Supplement to an act entitled " An act to incor- porate the New Brunswick and Cranberry Turnpike Com- pany." Preamble. Whereas, The Said " The New Brunswick and Cranberry Turnpike Company " have, under the provisions of tlieir original act of incorporation, approved February twenty fourth, eighteen hundred and sixty-five, and the supple- ment to the said act entitled '^ A siipplement to an act entitled An act to incorporate the New Brunswick and Cranberry Turnpike Company," approved March twenty- seventh, eighteen hundred and sixty-seven, constructed and made a turnpike road from New Brunswick, in the county of Middlesex, to Cranberry, in the said county ; SESSION OF 1875. 73 and whereas^ the said company have not yet constructed a turnpike road from Cranberry aforesaid to Cranberry Station, as authorized in the said original act of incorpo- tion; tlierefore — 1. Be it enacted by the Seyiate and General Assembly of the State of New Jersey^ That the construction of thcroiSratiflaf ^ said turnpike road from New Brunswick to Cranberry, under *°^ confirmed, the said original act, and the said supplement thereto, be and the same is hereby ratified and confirmed as fully and entirely as if the same had been constructed and completed under the said original act of incorporation. 2. And be it enacted^ That the said company shall have the further time of six years, from and after the passage of pi^fon^extend- this act, to construct and complete a turnpike road from ®^- Cranberry, in tlie said coimty of Middlesex, to Cranberry Station, in the said county. 3. And be it enacted^ That this act shall take effect im- mediately. Approved March 9, 1875. CHAPTER XCI. A Further Supplement to the act entitled "An act to incor porate the Warren Foundry and Machine Company," approved March third, anno domini eighteen liundred and fifty-six. 1. Be IT ENACTED by the Senate and General Assembly ^ ^^^^^ of the State of New Jersey^ That tlie nintli section of the original act to which this is a supplement, which limits the continuance of said act to twenty years, be and the same is Iiereby repealed. Approved March 9, 1875. 74 PRIVATE LAWS. CHAPTER XCII. An Act to legalize the sale of real essate, made by Anna T. Hora and John K. Hora, her husband, of the city of Rahway, county of Union, and state of New Jersey. Preambi*. Whebeas, Anna T. Hora, wife of John K. Hora, and the said John K. Hora, of the city of Railway, in the county of Union, and state of New Jersey, by a deed of convey- ance, dated on the fourteenth day of December, in the year one thousand eight hundred and seventy, did convey to the said John K. Hora, as trustee for Eliza Nelson and lier children, Anna Sophia Nelson, Rosalia Jane Nelson and Eliza Page Nelson, certain lands and premises in said deed described, upon certain trusts therein mentioned ; and lohereas^ doubts have been expressed as to the vaU- dity of said deed, by reason of one of the parties of the first part being the party of the second part, and the hus- band of the other party of the first part, therefore, anSf decu5«d^" ^' ^^ ^'^ ENACTED by the Senate and General Assembly raiid, etc. of the State of New Jersey^ That the said deed of convey- ance so made by said Anna T. Hora and John K. Hora, her husband, to the said John K. Hora, be and the same is hereby declared to be valid and effectual in law to convey to and vest in the said John K. Hora, his heirs and assigns forever, all tlie estate of the said Anna T. Hora and John K. Hora, her husband, so purporting to be conveyed by said deed of conveyance aforesaid, subject to the trusts in said deed mentioned. 2. And he it enacted^^ That this act shall take effect im- mediatelv. Approved March 9, 1875. SESSION OF 1875. 76 CHAPTER XCIIl. A supplement to the act entitled "An act to incorporate the MayB Landing Water Power Company," passed April third, eighteen liundred and sixty-seven. 1. Be it enacted hy the Senate and General -^l^^^^^^yp^^ value of of the State of New Jersey ^ That the president and board shares of stock of directors of the Mays Landing Water Power Company,™*^ with the consent of two-thirds of the stockholders of the company, may reduce the par value of the shares of stock of said corporation to any sum not less than thirty dollars per share. 2. And be it enacted^ That the assessment for taxation on Assessment for the property of the Mays Landing Water Power Company, in b^"^creaaed! ** Hamilton to^^Tiship, Atlantic county, shall not be increased above the assessment for eighteen hundred and seventy-four, to wit, sixty-four thousand dollars, for the period of ten years from the first of January, eighteen hundred and seventy-six; provided always^ tliat unless the said company shall, before ProTiso. the close of the present year, commence improvements to increase the production of their mill by one hundred looms, this section shall be void and of none effect; and provided vtov\»o. further^ that the provisions of this section shall not apply to taxation for state purposes. 3. And be it e?iacted, That this act sliall take effect im mediately. Approved March 10, 1875. J 76 PRIVATE LAWS. CHAPTER XOIV. A Supplement to an act entitled " An Act to incorporate the Elizabethtown Water Company," approved Mareh third, eighteen hundred and tifty-four. Mav issue bonds 1- ^^ IT EXACTED bt/ the Senate and General Assembly Jame^"^"^^'' ^f ^^^ ^^^^^^ of NevD Jersey^ That it shall and may be law- ful for tlie Elizabethtown Water Company, from time to time, to issue tlieir corporate bonds for an amount not ex- ceeding live hundred thousand dollars, of such denomina- tion, and payable at such time and manner, and with such a rate of interest not to exceed seven per cent., as may be stipulated ; and to sell the same on the best procurable terms without invalidation tliereof bv virtue of any statute against usury. j^riSg any pipe ^' ^^^ ^^ ^^ enacted, That if any person or persons shall reservoir, etc. ' wilfuUy and maliciously do, or cause to be done, without authority of law any act or acts or thing \vhatsoever, to injure any water wheel, engine, machine, reservoir, pipe, tire plug, hydrant, or structure whatever, or anything appertain- ing to the works or property of said corporation, or wherebv the same may be obstructed, or injured ; or shall wilfully and maliciously draw off or waste the water from any pipe, fire plug, hydrant or reservoir ; or shall wilfully put or cause to be put in any reservoir or any of the works or structures of said corporation, or into the pond, or streams, or soiu^ce from which the said corporation shall take water for the purpose authorized by the act incorporating said company anything that may render, or is calculated or liable to ren- der the said water oftensive, impure, or unwholesome, the person or persons so offending shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be punished by a line not exceeding live hundred dollars, or imprisoned Proviso. in the county jail not exceeding six months, or both ; provi- ded, such criminal prosecution shall not in any wise impair the right of action of said corporation against such person I SESSION OF 1875. 77 or persons for damages by a civil suit, and the said corpora- tion are hereby authorized to bring an action and recover damages by civil suit for any such injury in any of the courts of this state having cognizance of tlie same. 3. Ajid be it enacted j That it shall and may be lawful for May appoint the president of the said coi'poration for tlie time being to '^^^ * ^ ^^' appoint by writing under his hand and the seal of said cor- poration so many of its officers, servants, and employees as he shall deem necessary to act as special police, wlio shall have power to immediately arrest any person or persons, Powerof special committing or attempting to commit the misdemeanors men-**^ '^*^' tioned in section two of this act, and immediately conduct the person or persons so arrested before the nearest magis- trate of Union county, to be dealt with according to law. 4. And be it enacted, That the Elizabethtown Water Power to sen, Company shall have the right and power to sell, assign, vty?ight^ °°°' transfer and convey to any person or persons or corporation, **"*^'' ®^'^- all the rights, franchises, lands and property, real and per- sonal, of every kind and description, belonging to or vested in said corporation, or to which they are or shall become entitled, upon such terms and conditions as- they shall see lit, and such assignment, transfer and conveyance when so made shall vest in the person or persons, or corporations purchasing the same, all the right, title and interest to their said franchises, lands and property which said the Elizabeth- town Water Company had therein prior to such sale and conveyance ; p?'ovidedy that no such sale and transfer shall P'^^Iso- be made except by the consent of two thirds in interest of the then stockholders of said corporation, to be expressed by a vote at a meeting to be called for that purpose, of which meeting notice shall have been given by at least two insertion^ in some newspaper published and circulated at Elizabeth, in said county of Union. 5. And be it enacted, That this act shall take eflfect im- mediately. Approved March 10, 1875. 76 PRIVATE LAWS. CHAPTER XCIV. A Supplement to an act entitled " An Act to incorporate the Elizabethtown Water Company," approved March third, eighteen hundred and iifty-four. Mav issue bonds 1. Be IT ENACTED by the Senate and General Assembly J°^j«»^"*^e of the State of JVew Jersey^ That it shall and may be law- ful for the Elizabethtown Water Company, from time to time, to issue their corporate bonds for an amount not ex- ceeding live hundred tliousand dollars, of such denomina- tion, and payable at such time and manner, and with such a rate of interest not to exceed seven per cent., as may be stipulated ; and to sell the same on the best procurable terms without invalidation thereof by virtue of any statute against usury. j^friSgan^pipe ^' ^^^^^ ^^ ^^ enacted^ That if any person or persons shall reservoir, etc. ' wilfully and maliciously do, or cause to be done, without authority of law an}' act or acts or thing whatsoever, to injure any water wheel, engine, machine, reservoir, pipe, lire plug, hydrant, or structure whatever, or anything appertain- ing to the works or property of said corporation, or whereby the same may be obstructed, or injured ; or shall wilfully and maliciously draw oft' or waste the water from any pipe, fire plug, hydrant or reservoir ; or shall wilfully put or cause to be put in any reservoir or any of the works or structures of said corporation, or into tlie pond, or streams, or sourec from which the said corporation shall take water for the purpose authorized by the act incorporating said company anything that may render, or is calculated or liable to ren- der the said water oftensive, impure, or unwholesome, the person or persons so oftending shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be punished by a tine not exceeding live hundred dollars, or imprisoned Proviso. in the county jail not exceeding six months, or both ; pron- ded^ such criminal prosecution shall not in any wise impair the right of action of said corporation against such person \ SESSION OF 1875. 77 or persons for damages by a civil suit, and the said corpora- tion are hereby authorized to bring an action and recover damages by civil suit for any such injury in any of the courts of this state having cognizance of the same. 3. A?id be it enacted^ That it shall and may be lawful for May aopoint the president of the said coi'poration for the time being to *^*^ * ^ ^^' appoint by writing under his hand and the seal of said cor- f)oration so many of its officers, servants, and employees as le shall deem necessary to act as special police, who shall have power to immediately arrest any person or persons, Powerof special committing or attempting to commit the misdemeanors men-^^ ^^' tioned in section two of this act, and immediately conduct the person or persons so arrested before the nearest magis- trate of Union county, to be dealt with according to law. 4. And be it enacted. That the Elizabeth town Water Power to sen, Company shall have the right and power to sell, assign, tly^Hghu, ^^^' ti'ansfer and convey to any person or persons or corporation, ^^"^*' *^^^- all the rights, franchises, lands and property, real and per- sonal, of every kind and description, belonging to or vested in said corporation, or to which they are or shall become entitled, upon such terms and conditions as- they shall see lit, and such assignment, transfer and conveyance when so made shall vest in the person or persons, or corporations purchasing the same, all the right, title and interest to their said franchises, lands and property which said the Elizabeth- town Water Company had tlierein prior to such sale and conveyance; provided^ that no such sale and transfer shall P"^"»<>- be made except by the consent of two thirds in interest of the then stockholders of said corporation, to be expressed by a vote at a meeting to be called for that purpose, of which meeting notice shall have been given by at least two insertion^ in some newspaper publislied and circulated at Elizabeth, in said county of Union. 5. And be it enacted^ That this act shall take eflfect im- mediately. Approved March 10, 1875. 78 PRIVATE LAWS. Corporate name changed. CHAPTER CIV. Supplement to an act entitled "An act to incorporate the Lambertville Building and Loan Savings Bank," approved March twenty-third, one thousand eight hundred aid seventy-three. 1. Be rr enacted by the Senate and General AssenMy of the State of New Jersey^ That the name of " The Lam- bertville Building and Loan Savings Bank," incorporated by the act of the legislature of this state, approved March twenty-third, one thousand eight hundred and seventy -three, and to which this act is a supplement, be and the same is hereby changed to " The Lambertville Savings Bank," and inTested with by that name shall be invested with all the rights and privi- aii rights. leges heretofore inuring to " The Lambertville Building and Loan Savings Bank," and that in any action in any of the courts of this state, whether at law or in equity, to which the said corporation may hereafter be a party, it may appear J^Ydefend*ac-^ and prosccute or defend under the name of " The Lambert- ville Savings Bank," whether the cause of action arose before the passage of this supplement or not ; and that all actions now pending shall be carried to a conclusion, in the name of " The Lambertville Building and Loan Savings Bank.'' 2. And he it enacted^ That the third section of the origi- nal act to which this is a supplement shall be amended by striking out the words " of said association," after the word "persons," and before the word "offering" in said third section, and by inserting the words "of such association" immediately after the word " members," and before the word " and" in said section ; so that the w^hole sentence shall read "that the directors of said association shall choose one of their number president, and may appoint such other officers and agents as they shall deem expedient ; fill vacancies in their own board mitil the next annual election, make by- laws, collect installments, let money on interest to memlxaf of said association and other persons, upon such security as tions. Amendment. Amendment. SESSION OF 1875. 79 the bt)ard of' difectors- shall consider judicious and proper, and declare dividends to stockliolders entitled to receive them." 3. And be it enacted. That said institution may invest May inront ' ■! 1 ii ^ money in bond* money and deal in bonds, promissory notes and bills of etc. exchange drawn by individuals or corporations, and buy and sell such bonds, promissory notes and bills of exchange. 4. And be it enacted^ That this act shall be a public act and shall take effect immediately. Approved March 11, 1875. CHAPEK CV. A Further Supplement to the act entitled "An Act to incor- porate the Citizens' Gas Light Companyj of the City of Newark," approved March eighteenth, one thousand eight hundred and sixty-eight. 1. Be it enacted by the Senate and General Assembly compMj m^j of the State of New Jersey, That it shall be lawful for [^"^^^p*^^ this company to reduce its capital stock to the sum of five hundred thousand dollars on the vote or written consent of two-thirds in interest of the stockholders or their legal rep- resentatives. 2. And be it enacted. That hereafter, until the reduction co™§»>jy t<>^ of the stock may be made as authorized by the first section raiue of real of this act, this company shall be taxed on the actual value 5?operty?°*' of all the real and personal estate owned by said company ; jprovided, that such reduction shall be made before the first p«>tUo. day of January, eigliteen hundred and seventy-eight. 3. And he it enacted. That this act shall take effect im- mediately. Approved March 11, 1875. 80 PRIVATE LAWS. CHAPTER CVI. A Further Supplement to an act entitled " An Act to in- corporate the Hoboken Bank for Savings of the city of Hoboken," approved Marcli twentieth, one tlioiisand eight hundred and fifty-seven. Certain acts re- ^' ^^ ^'^ ENACTED by the /Senate and Geney*al Asaeiahly Tived. of the State of New Jersey^ That the act entitled "An Supplement to an act entitled ' An Act to incorporate the Hoboken Bank for Savings of the (atv of Hoboken/ " ap- proved March twentieth, one thousand eight hundred and fifty-seven, approved March twenty-third, one thousand eii^ht hundi'ed and sixtv-four, and the act entitled " An Act to incorporate the Hoboken Bank for Savings of the city of Hoboken," approved March twentietli, one thousand eight hundred and fifty-seven, approved April sixteenth, one thousand eight hundred and sixty-eight, be and they are Proviao. hereby revived and declared to be in full force ; provided^ that the persons in said acts interested shall pay or cause to be paid, on or before the first day of May, now next en- suing the assessments due tliereon respectively, according to the terms of tlie act entitled " An Act to increase the revenues of the state of New Jersey," approved March six, one tliousand eight liundred and fifty-eight, and tlie supple- ment thereto, approved March eighteenth, one thousand eight hundred and fifty-nine. Acts and pro- 2. And be it cuacted^ That in all cases of the payment tofore done lel of the asscssmcuts as required by tliis act, all acts and pro- §*^^*°*^*^**°"ceedings had or done heretofore under the acts so revived, and each of the before mentioned acts of tlie legislature be, and tl^ey are hereby ratified, legalized and confirmed, and are declared to be of equal force and effect as if the said assessments had been paid as required by law. 3. And be it enactedy^hat this act shall be a public act, and shall take eftect immediately. Approved March 11, 1875. SESSION OF 1875. 81 CHAPTER CVII. A Further Supplement to an act entitled "An Act to incor- porate the Home Mutual Fire Insurance Company of Newark, New Jersey," approved March the twenty-fonrth, Anno Domini, one thousand eight hundred and sixty-nine. 1. Be it enacted by the Septate and General -I**^^?^^^yximeofhoiding of the State of Ifew Jersey^ That the aimual election of annual eieo- directors of the said company shall hereafter be lield on the second Wednesday in January of eacli and every year, and that notice of such election shall be I'iven in the manner provided by the sixth section of the original act. 2. And be it enacted^ That section eightli of the original Amendment, act be amended so as to read as foUows : '* it shall and may be lawful for the said company to insure houses and other buildings and personal property of all kinds against loss or damage by lire ; also ships, steamboats or otlier vessels, and the property contained therein against h)ss or damage by tire or other casualty, and irenerally to insure against all losses pertaining to lire and marine risks, upon such rates and conditions as shall be contained and stated in the policy of insurance." 3. A.nd be it enacted^ That seven directors of said com- Q"<>'»*™* pany shall constitute a quorum to transact the business of said company ; and all parts or portions of the act to which this is a supplement or the supplements thereto, inconsistent Rep«*iw. with or repugnant to the provisions of this act, be and the same are hereby repealed. 4. And be it enacted^ That this act shall take effect immediately. Approved March 1], 1875. 6 82 PRIVATE LAWS. CHAPTER CVIII. An act to confirm and make valid an act entitled " An Act to incorporate the Highwood Land Company," approved March seventeenth, one thousand eight hundred and seventy. Act declared in ^' "^^ ^"^ ENACTTED by the Senate and General Assembly full fo«e and of the State of New Jersey^ That the act entitled ^* An act incorporate the Highwood Land Company," approved March seventeenth, one thousand eight hundred and seventy, be and the same is hereby declared to be of full binding, force and effect, to all intents and purposes, the same as if the state tax upon said act had been paid within the time prescribed by law, and all the rights, powers and franchises in the said act conferred upon the said corporation by said a^iSde valid ^^^5 ^^® hereby continued and declared to be vested in and exercisable by said corporation as fully as in said act is set forth, and all and every act, matter or thing done and per- formed by said corporation und^r the provisions of said act, ProYiso. ]^g ^j^^ ^YiQ same are hereby ratified and made valid ; provi- ded^ that the state assessment upon the said act, and on this act, be paid on or before the first day of July next after the passage of this act. 2. And be it enacted^ That this act shall take effect im- mediately. Approved March 11, 1876. SESSION OF 1875. 83 CHAPTER CIX. A Supplement to an act entitled " An act to incorporate the Rahway Gas Light Company," approved February eigli. teenth, eighteen hundred and fifty-three. 1. Be it enacted by the Senate and Oeneral ^^^^^^^y Poyrettoin^ of the State of New Jersey^ That the board of directors of crease number the Rahway Gas Light Company may, by resolution, at any "* time, or from time to time, increase the number of said board ; provided^ that the whole number of said board shall Provwo. not exceed nine. 2. And he it en«c^etf, That Avhenever a resolution mak- Board may elect ing any such increase shall be passed by said board, they Sfa^^untfuth- shall immediately elect from among the stockholders of said ®™ *" elected. company, one or more members of said board as may be required to make up such increased number, who shall hold their office until the next following annual^meeting of the stockholders of said company; and their successors shall thereafter be elected in the same manner and for the same time as the other members of said board. 3. And he it enacted^ That this act shall take effect im- mediately. Approved March 11, 1875. 84 PRIVATE LAWS. CHAPTER OX. An Act to incorporate the '^ Cape May City Passenger Railway Company." Corporators. 1. Be Ti ENACTED by the Senate and General Assembly of the State of Neio Jersey^ That Alexander I. Whilldin, Edwin Richards, Edward A. Warne, William J. Sewell, Downs Edmunds, R. B. Swain, and John C. Bullett, and such other persons as may be associated with them, shall l>e and are hereby made, constituted and declared a body politic and corporate, in fact and in law, by the name of the " Cape Corporate nam© May City Passeugcr Railway Company," and by that name shall be capable of purchasing, holding and conveying lands, tenements and real estate, goods and chattels, necessary or proper for the objects of said corporation. ^J^^'jjjtofcapi- 2. And he it enacted^ That the amount of the capital stock of said corporation shall be fifteen thousand dollars, with tlie privilege of increasing the same to twenty-five thousand dollars, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct. ^ , . 3. And be it enacted. ll\iSit the above named persons, or KJommii^sioncrs to open books a majority of them, shall be commissioned to open books to »crip?h)nlf ^" rcccive Subscriptions to the capital stock of said corporation, at such time and place in the city of Cape May or elsewhere, at their discretion, as they or a majority of them think proper, giving at least twenty days' notice of the same in the newspapers published in the said city of Cape May ; and at subscribing, ten per centum shall be paid for each share subscribed for, to the commissioners or some one of them, and as soon as ten dollars of the capital stock shall be sub^ scribed, said commissioners shall give like notice for a meet- ing of the stockholders, to choose not less than five, nor Election of di-^^^^® ^^au seven du'ectors, and such election shall be made rectors. ^t the time and place appointed by such as shall attend for that purpose, either in person or by proxy, each share of the SESSION OF 1875. 85 capital stock entitling the holder thereof to one vote, and the above named persons or any three of them shall be inspectors of the first election of directors of the said corpor- ation, and shall certify under their hands the names of the persons duly elected, and deliver over tlie subscription books and all moneys paid in after deducting all expenses previously incurred to such directors so elected, and the time and place of holding the first meeting of said directors shall be fixed by tlie said persons named in the first section of this act, or a majority of tliem, and the directors chosen at sucli meeting or at the annual election of said coi'poration, shall as soon as may be after every election choose out of their own number a president ; in case of the death, resignation or removal of the president or any directors, such vacancy or vacancies vacancies uow may be filled lor the remainder of the year in which they may happen by the board of directors or a majority of them ; and in case of the absence of the president the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the by-laws of the corporation shall provide. 4. And be it e?iactedy That in case it shall happen that ^'a^u'e to eioot an election shall not be made during the day when pursuant tion notdi»- to this act it ought to be made, the said corporation shall *® ^ not for that cause be deemed to be dissolved, but such elec- tion may be held at any other time in the manner provided by law in sucli cases, and the directors for the time being Bliall continue to hold their oftices until others shall have been chosen in their places. 5. And Be it enacted^ That a majority of tlie directors of Directors to said corporation sliall be competent to transact all business ness and may of the said corporation, and shall have power to call in the et?.^® ^v-^^y^^ capital stock of the said company by sucli installments and at such terms as they may direct, and to make and prescribe Buch by-laws, rules and regulations as to them shall appear needful and proper touching the management and regulation of the stock, property, estate and effects of the said corpora- tion, and shall also have power to appoint such oflicers, clerks and servants as to them shall seem meet, and to estab- lish and fix such salaries to them, and also to the president, ae tx) the board shall appear proper. Power to i»y 6. And be it enacted^ That the said corporation shall J^®;j;j^*°J^^- have power and authoritj^ to lay down and construct a rail ^^^ «*c- 86 PRIVATE LAWS. road with the necessary turnouts and switches, beginning at the present raihroad depot of the West Jersey Railroad Company, and thence running to Schellinger's Landing, on Cold Spring Inlet, and returning thence along the Atlantic Ocean to SewellV Point on said inlet, and returning tlience to the steamboat landing on Delaware Bay, and returning by such route a^ the company may deem best to the point May extend of beginning, with the right to extend their tracks elsewhere tr&CKS &DCl lO ^^ w' D occupy Streets, in tlic city of Capc May as they may deem best, and to ^ *'^^' occupy any streets, roads, lanes or alleys which may be deemed proper by said company for the use of their tracks; Proviso. provided^ however^ that said company shall first obtain the consent of the board of commissioners or city council of Cape May before they shall occupy any street in said city, and shall be subject to any and all rules and regulations made by said board of commissioners or city council in reference Proviso. thereto ; and provided also^ that said company may con- struct such portion of their tracks when first organized as they may deem advantageous, and may afterwards from time to time construct other portions tliereof a.s they may consider proper. Mwr *»^d real 7, And be it enacted^ That the said coi-poration may pur- eBtate. chase, have and hold such real and personal estate as may be necessary for carrying out the object of the said corpora- tion. Maj^mak.eand g^ And be it enacted^ That the pre.ident and directors of deads. said Corporation shall declare and make such dividends as they may deem prudent and proper, from time to time, of the net profits of the said railroad. ThMrcire'^eto. ^- -'^^^^ ^^ ^^ enacted^ That the president and directors of said corporation shall have power to purchase or to have constructed with the funds of the said corporation all machinery, cars, wagons, carriages, or other vehicles for transportation of persons or property on their railroad, as they may think fit, expedient or right, and also to purchase horses or mules as they may or shall deem fit for the pur- Proviao. poses of Said corporation ; provided^ however^ that no steam power shall be used as a motive power upon said railroad, except that known as the dummy engine, and they are hereby authorized to demand and receive such sum or sums of money for the transfer of persons or property upon such railroad as they shall think reasonable and proper. SESSION OF 1875. 8T 10. And be it enacted^ That if any person or persons Penalty for in- shall wilfully or maliciously impair, injure or destroy, or obstructing' °' obstruct the said railroad, or any of its works, turnouts, '*""**' ®**' switches, carriages, animals or machines, such person or per- sons shall forfeit and pay therefor to the said corporation three times the amount of damage sustained by means of such injury, to be recovered in the name of said corporation with costs of suit, in any court having cognizance of the same. 11. And be it enacted. That the said corporation shall Power to boi^ 1 . X 1 t* i? x" J. row money to nave power to borrow such sums oi money, trom time to construct and time, as shall be necessary to build, construct, repair or equip ®'*"*p ^^^' ®*^ said road, and to secure the payment thereof by bond and mortgage, or otherwise, on the said railroad, lands, privi- leges, franchises and appurtenances of said corporation, at the rate of interest not exceeding seven per centum per annum. 12. A7id be it enacted, That as soon as the said railroad ^^^ejj^°*^f^ is finished the president of the company shall file, under oath filed. or affirmation, a statement of the amount of the cost of the railroad inclusive of all expenses, in the oflice of the secretary of state, and annually thereafter he shall, under oatli or aflSrmation, make a statement to the legislature of the state of the proceeds and expenses of said road, the said company shall pay to the treasurer of this state a tax of one half of state tax. one per centum on the cost of said road, to be paid annually on the first Monday in January ; provided, that no other Proriso. tax or impost shall be levied or raised from said corporation by virtue of any law of this state. 13. And be it enacted, That no damages or compensa- company not tion shall be demanded or recovered from said company for ^ ^ompensaT* the use of said streets or the right of way through the same, "trJou'ete! ^' either by the city or the land owners along said streets ; provided, that the said company shall be liable, as in other Proriao. cases, for all damages done by them to private property. 14. And be it enacted. That said company shall have May connect power to c'onnect with any other horse railroad that may Joree ™riTO«d*' hereafter be built and established by any company or incor-J^^^JJJJg"^*^* poration, and to make contracts and engagements with them or with individuals for operating such railroad upon such terms and conditions as shall be agreed between them not inconsistent with this charter. 88 PRIVATE LAWS. 15. And be it enacted^ That thi8 act 8hall take effect immediately. Approved March 11, 1875. CHAPTER CXI. A Supplement to the act entitled " An Act to incorporate the High Bridge Railroad Company," approved March twenty-second, eighteen hundred and seventy-two. Power to alter 1. Be IT ENACTED bi/ the Senate and General Assembly io«ite°Set°nnM of the State of Nexo Jersey^ That it shall be lawful for the said company to cliange or alter the location of their said railroad, or to locate new lines when additional tracks shall be required, not varying in any case over one mile from the line as located and filed, after filing in the oflSce of the secretary of this state a survey of such location as varied from the original location, and shall be invested with all the powers and privileges, and subject to all the conditions and restrictions in taking possession of and using the land re- quired, which by their act of incorporation tliey might exercise, and to which they are subject respecting lands re- quired for their road. 2. And be it enacted^ That this act shall take eflect im- mediately. Approved March 11, 1875. SESSION OF 1875. 89 CHAPTER CXII. A Supplement to an act entitled " An act to incorporate the United States Fertilizing and Chemical Company," approved March eighteenth, eigliteen hundred and seven- ty-four. 1. Be it enacted hy the Senate and General ^4«?6'6^«^^y power to in- of the State of New Jersey, That it shall and may be law-J-J^JJ^^^P^*** fid for said corporation to increase its capital stock, from time to time, to a sum not exceeding one million dollars in the aggregate, in the same manner and subject to the same general conditions as are provided in the eighth section of the act to which this is a supplement. 2. And be it enacted, That it shall and may be lawful Number of di- for the stockholders of said corporation to increase the num- incrSSf '^ ber of directors to any number not exceeding fifteen, who shall be elected at the same time and in the same manner, and shall hold their offices for the same periods, as are now provided in the act to which this is a supplement. 3. And be it enacted, That it shall and may belaw^d for May purchase, said corporation, as often as the necessities of the business Jn^^^S^pose^of of said corporation may, from time to time require, to pur- p*^«"^« ®^- chase, hold, sell, use and dispose of any and all patents for any and every chemical compound or process, and the right to use the same upon such terms and in such way or manner as said corporation may see fit. 4. And be it enacted,, That this act shall take eflFect im- mediately. Approved March 11, 1876. 90 PRIVATE LAWS. CHAPTER CXVI. An Act to incorporate the Union Telegraphic Association of New Jersey. Names of cor- 1. Br n* ENACTED bv the Senate and General Assembly of the State of New Jersey^ That Frank L. Pope, Ralph W. Pope, Joseph V. Fenn, John T. Dunn, Henry Tan Hovenburgh, Myron C. Clark, and all such other persons as may hereafter be associated with them and their succes- sors and assigns are hereby created a body politic and cor- porate, in fact and in law, by the name and title of the Corporate name '< Union Telegraphic Association of New Jersey,'' and by that name and title shall have and possess all the powers and privileges which ])y the laws of this state are now inci- dent and belonging to corporations, pui^po^es of M- ^- ^^^^^ ii enacted^ That the objects of said association 3ociation. shall be to manufacture and apply every description of elec- trical apparatus for local purposes in private and public buildings, such as burglai and tire alarm, railway signals, gas lighters, annunciators, signal l)ell8, dial printing, or sig- nal telegraph instruments for the purpose of commimica- ting l)etween two or more points, and to construct and main- tain any telegraph wires through any street or streets which may be necessary to connec^t any two or more points, sulv ject to municipal authority, or to apply any electric appa- ratus that may be invented for any special purpose whicli may be desired. Principal office 3. And he it enacted^ That the principal office shall be ^pitkTsSSk!*^ located at Elizabeth, New Jersey, in the county of Union, and that the capital stock of said association shall be twenty- five thousand dollars, divided into shares of twenty-five dollars each, and shall be paid by the stockholders at such time and in such manner, and by such installments as the directors of said association shall direct, and such shares shall be deemed personal property, and shall be transferable on the books of said association in such manner as the said SESSION OF 1875. 91 association may by its by-laws direct, and tlie said associa- tion may at any time hereafter increase its capital stock to any amount not to exceed thirty thousand dollars. 4. And be it enacted. Tliat the above named persons, or J^™*"^"*®"®" 1 /•■! 1 11 1 *■ , , to open books any three oi them, who may be ciiosen by a majority of and receiTe sub- said persons, shall be and they are hereby appointed com- "^''^ missioners to open books and receive subscriptions to the capital stock of said association at such time and place, and in such manner and amount as a majority of said commis- sioners may determine, and as soon as three hundred shares are subscribed and twenty-five per cent, of said stock paid for in cash the said association, or a majority of them, are herebv authorized to hold their first meeting at such time FJ"t election • . iiTi **^ offleers, etc. and place as tliey may determine and choose and elect a president, secretary, treasurer, and six other stockholders, who together shall constitute a l)oard of directors, and such and so many otlier officers as may be necessary to carry out the objects of said association, which said officers and direc- tors shall hold their offices for one vear, and until others are elected in their stead. 6. Ayid be it enacted^ That in case any election of offi- Jflcere on li^^ cers of said association should not be held on the day when corporation not ... ,•', to be dissolved. pursuant to the by-laws ot said association it ought to have been held, the corporation shall not for that reason be deemed dissolved ; but the stockholders may proceed to hold an election on any other day ; ten days notice of such election having been given by advertisement in a newspaper published in the county of Union ; and at all elections and meetings of said association, eadi stockholder shall be • entitled to one vote, in person or by proxy, for each share of stock held ; and in case a vacancy should occur in any of vacancy bow the offices, in consequence of death, resignation or in any^"®*^- manner whatsoever, the board of directors for the time being shall fill said vacancy by appointment of any person who is a stockholder in said association ; and any person so appointed shall hold said office until the next annual election, and until another shall be elected in his stead. 6. A fid be it enacted, That it shall be lawful for said asso-May make by- ciation to make and establish such by-law-s for the govern- *^"'® *• ment and management thereof, as may be deemed proper and necessary ; provided, that such by-laws shall not con- proTiso. 92 PRIVATE LAWS. May bold, pur- chase, sell, lease and coDTey property. Power to bor- row money and secure the same by bond and mortgage. ProTiso. Profits to be di- vided among stockholders. Capital stock not to be im- paired. flict with the constitution of this state or the Unite! States^ or the provisions of this act. 7. And be it enacted^ That said association shall have the right to receive and liold by grant, purchase or bequest, such real or pei*sonal estate as may be proper for the pur- poses hereinbefore specified, or to dispose of any or all of said real and personal estate, or to lease, hire or mortgage the whole or any part of the same, at the pleasure of said association or its board of directors, and to demand and re- ceive for said association, such sum or sums of money for the use or rental of such real or personal estate as may be fixed and determined by the board of directors of said association. 8. And be it enacted^ That said association shall have power and authority to borrow money in such sum or sums, from time to time, as may be deemed necessary to carry^out the objects of said association ; and said association shall give bond and mortgage in security for the same, on its real and personal estate, or such part of the same as may be desired; provided^ not more than the rate of seven per centum per annum of interest shall be paid on such bond and mortgage. 9. And be it enacted^ That so much of the profits of said association as the directors thereof shall from time to time think fit, shall be divided amongst the stockholders ; but no dividend or divivends shall be declared which will impair the capital stock of the association in any manner whatso- ever. 10. And be it enactedyTXiAt this act shall take effect imme- diately. Approved March 12, 1875. i SESSION OF 1875. , 93 CHAPTER CXVII. An Act to incorporate tlie West Jersey Mutual Insurance Company. 1. Be it enacted by the Senate and General Assembly ^Kmmot of the State of JSTew Jersey, Tliat Samuel W. Stokes, WiI-^^'^p^™'^™' liam J. Sevvell, Samuel Hopkins, Thomas W. Synnott, Thomas W. Hurif, Isaac C. Stevenson, Horatio J. Mulford, Allen S. Morgan, and George W. Bailey, and all other persons who may hereafter associate with them in the manner hereafter prescribed, shall be a corporation, by the name of the " ^^^st ^'^''^''*'*® °*™® Jersey Mutual Insurance Company," for the purpose of in- suring their respective vessels, buildings, household furniture, merchandise, and other property, against loss or damage by sea or fire ; and by tliat name they and their successors may have perpetual succession, and shall have power to sue and *^°®'*^ p®^*** 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, to them and to their suc;cessors, lands, tenements, hereditaments, goods, chattels and eifects, of what nature and kind soever necessary for the purpose of said corporation, and the same may grant, devise, alien and dispose of at pleasure, for the benefit of said company ; and may also have a common seal, and alter and renew the same at pleasure ; also, may make and establish such by-laws and regulations as to them shall seem necessary and expe- dient for the well-ordering and government of said company, and put the same into execution ; provided, that they be Proviso, not contrary to the constitution or laws of this state or of the United States. 2. And be it enacted. That all persons who shall insure Peraonainauwd . , , .J . ' J 1 ii • 1. • J. to become mem- with the said corporation, and also their heirs, executors, bcw. administrators and assigns, continuing to be insured in the same, as hereinafter provided for, shall thereby become members thereof during the period they remain insured by said corporation, and no longer. 94 PRIVATE LAWS. AffWraby 3. And be it enacted, Tliat all the afiairs, property and whomManaged. ^^^^^^ ^f ^^^ corporation shall be managed and inducted by nine directors, who shall continue in office one year, and until others shall be chosen in their place, all of whom shall be members of the said (corporation, and shall take an oath or affirmation of office, and choose out of their body a presi- vacancies how dent ; all vacaucics may be filled for the remainder of the * year by such person or persons as a majority of the board of directors for the time being may appoint, and a majority of the whole shall constitute a quorum for the transaction of business. First directors. 4. And be it euacted^ That the persons named in the first section of this act shall be the first directors of said corpora- tion, and that annually hereafter a board of directors mav ofSrectora*^*^" be elected at such time and place in the town of Wenonah, county of Gloucester, and state of New Jersey, as the said corporation in their by-laws shall appoint ; of each election due notice shall be given in at least one of the public newspapers printed in said county, for two weeks immediately preceding such election ; and it shall be the duty of the board of direc- tors to appoint three discreet persons, not members of said board, to be inspectors of such election, and to count the votes that may be given in, and to declare the result of such election, which shall be a plurality of the votes of the mem- bers or their proxies then present, allowing one vote to eacli member for every one hundred dollars insured in said com- pany at tlie time of such election ; and it shall be the duty of such inspectors, or a majority of them, to make and sign a certificate of the result of such election, stating who are elected by the greatest number of votes, and deliver such certificate to the secretary of the company for the time being, which certificate shall be filed and recorded by the secretary, and be conclusive evidence of the result of such election, until set aside by some court having competent authority to do so. Board may ap- 5. And be it enacted^ That the board of directors may point officers, appoint a Secretary and such other officers and agents as may be requisite for effecting the business of said company, and allow them such compensation as may be agreed upon, and also determine the rates of insurance, the sum to be in- sured, and the sum to be deposited for any insurance. SESSION OF 1876. 95 6. And be it enacted^ That all policies or contracts founded Policies may be thereon, which shall be made or entered into by the said without aea^r company, may be made under the seal thereof, and shall be subscribed by the president, and attested by the secretary, and being so subscribed and attested by the secretary, shall be binding and obligatory upon said company; and the company shall be liable for all loss or damage sustained, fo^iojaeJ. '**^^* agreeable to, and on such terms and conditions as shall be contained in the policy. 7. Arid be it enacted. That every person who shall become insurers to pay • J. .J iTiT /• 1 • "L • 1 money and d©- msured in said company shall, before he receives his or lier posit promisso- policy , pay such a sum of money, and deposit their promis- '^ °®***' ^^' sory note or notes for such sums of money as shall be deter- mined upon by the directors, such note or notes to be paid at such time and in such a manner as the by-laws may deter- mine ; and it shall be lawful for said company to loan or put ^niys!^* out on interest their moneys, or any part thereof, not imme- diately wanted for the purposes of said corporation, on bond ^ and mortgage, on real estate, government or other stocks, and may from time to time to time call in such money or change such investments. 8. And be it enacted^ That when any property insured by p^^.^ ^ ^ the said corporation shall be alienated by sale or otherwise, <»jceUed^wh en the policy of such insurance may be surrendered to the be sold, etc. directors of said company to be cancelled ; upon such sur- render the assured shall be entitled to receive his note or notes, upon the payment of his proportion of all losses, risks and expenses that have accrued prior to such surrender ; but Grantee may the grantee or alienee having the policy assigned to him,ifiedandcon'* may have the same ratified and confirmed to him for his*™^' own proper use and benefit, upon application to the directors aiid with their consent within thirty days next after such alienation, on giving proper security to the satisfaction of said directors, and by such ratification and confirmation such grantee or alienee shall be entitled to all the rights and privileges, and be subject to all liabilities to which the original party to whom the policy insured was entitled and sabjected. 9. And be it enacted^ That all vessels or cargoes insured company to by said company are hereby pledged to said company, and vSweis, »rg^ the said company shall have a lien thereon, in the nature of ^^^Jj[Ji<*^°8» a bottomry and respondentia ; and all buildings insured by 96 PRIVATE LAWS. said company, together with the right, title and interest of the aBsnred to the lands on which they stand, shall be and are hereby pledged to said company, and the said company shall have a lien thereon in the nature of a mortgage, to the amount of the deposit note or notes given for such insurance. Division of 10. And he it enacted^ That when the cash means on made. hand shall exceed twenty-five per centum of the amount of risks the company is liable for, at any annual meeting, the board of directors may order a division of such excess among the members of the company, in proportion to the amoimt of premium paid by each member ; but no person shall be entitled to a dividend on a policy that occasions loss ; nor shall dividends be paid of sums between even tens of dollars, nor for anv sum under ten dollars ; but all such fractional part of sum or sums less than ten dollars shall be passed to the contingent account of said company, and applied to the payment of expenses and other charges of said company- corporation ^ 11- And he it enacted^ That suits at law or in equity may may maintain \^q maintained by said corporation aeainst any of its meml>ers suits for colleC" ^ * " " tion of deposit for tlic coUcctiou of their deposit notes, or any part thereof, no es, e c. ^^ ^.^^ ^^^^ Other causc relating to the business of said com- pany ; also, suits at law or in equity may be prosecuted and main ta[n suits i^aintaiued by any member agamst said corporation for against compa- losscs, if payment be withheld more than four months after the company are duly notified of such loss or damage ; and no member of tlie corporation, not being in his individual capacity a party to such suit, shall be incompetent as a wit- ness in any case on account of his being a member of said corporation, icspeciai insur- 12. And be it enacted^ That especial insurances may be an^ how taken without the parties thereto becoming members of said corporation, if desired by the insured. When policies 13. And be it enacted. Tliat no policy shall be issued by are to be issued. . , . .t t ^ • i ii i t i» • said company until application shall be made tor insurances to the amount of twenty-five tliousand dollars, at least. Principal office. 1^- -4^2<^ ^e it enacted^ That the principal office of said corporation shall be at such place in Wenonah, in the county of Gloucester, as shall be designated by a majority of the directors at the first regular meeting in every year. 15. And be it enacted^ That tliis act shall take effect im- mediately. Approved March 15, 1875. SESSION OF 1875 97 CHAPTER CXVIII. A supplement to an act entitled "An act to confinn the title of the American Dredging Company," approved the fifth day of March, anno domini eighteen hundred and seventy- Pour. Whereas, by virtue of an act passed by tlie legislature of Preamble, this state, and approved liy the governor the fifth day of March, anno domini eighteen hundred and seventy-four, the title of the American Dredging Company, a corpora- tion incorporated by the state of Pennsylvania, was con- iirmed and declared to be good and valid, both at law and equity, and the said company was thereby authorized to hold and convey the said lands, or any part tliereof, in fee simple ; subject, however, to the compliance by the said company with certain requirements of the riparian com- missioners, and to the payment or securing to the state of the compensation to be fixed by the said commissioners, as by the said act will fully appear; and v?herea8^ all of the said requirements have been complied with by the said company, and tlie said compensation has been paid to the state; and whereas^ the said company is desirous to acquire other lands in the said city and county of Cam- den, and to improve the same l)y the erection of buildings and w-orkshops, and tlie construction of piers, docks, wharves, et cetera ; therefore, 1. Be it enacted by the Senate and General A 8se7nbly AuthoTitedta o/" the State of New Jersey, That the said The American aSd^Jj^eT** dredging Company be and it is hereby authorized to bold JjJ^J** ^■'^^ the lands whicli may be purchased by it within the said city ' ' • and county, to improve the same by the erection, construc- tion and operation of buildings, w^orkshops, piers, docks, v^harves, et cetera, thereupon, and upon the lands referred to and recited in the act to which this act is a supplement, and to convey all the said lands, and the improvements thereupon, or any part or parts thereof, from time to time, 7 08 PRIVATE LAWS. ProTiBo. in fee simple; provided^ however ^ that nothing herein con- tained shall authorize the eonstniction of piers, docks or wharves, unless the consent of the riparian commissioners be first had and obtained, and that the boundaries, the exterior bulkhead and their lines, and the compensation to be paid or secured to the state shall be fixed and established by the riparian commissioners from time to time, as purchases of lands within the said city and county may be made by tlie said company ; and if the bulkhead and pier lines, or either of them, shall be hereafter extended by the said commis- sioners, the right and title of the grantees shall extend to such extended bulkhead and pier lines \^4thout further com- pensation, which compensation, fixed by the said commis- sioners as aforesaid, shall be paid or secured to the state, to the satisfaction of the governor, from time to time as pur- chases of lands may be made by the said company, before the provisions of this act shall apply ; and in default thereof then this act, and all the provisions thereof, shall cease and be of no force and eftect as to any and all the lands the compensation whereupon fixed by the said commissioners shall not be paid or secured to the state as aforesaid. 2. And be it enacted^ That this act shall take effect im- mediately. Approyed March 15, 1875. CHAPTER CXIX. An Act to incorporate the Essex Sewage Company. KMtt«Bofcorpo- 1- "^^ ^'^ ENACTED iSy the Senate and General Assembly retoM. of the State of New Jersey^ That Charles T. B. Keep, George D. G. Moore, Isaac J. Everitt, Henry D. Gould, Elias O. Doremus, and John M. Reuck, and their successors and assigns, be and they are hereby made a corporation by Corporate name the name of the Essex Sewage Company, and shall have and exercise all and every of the powers conferred upon SESSION OF 1876. 99 corporations by the statute of this state entitled "An act concerning corporations," approved February fourteenth, one thousand eight hundred and forty-six. 2. And be it enacted^ That the capital of said company Amount of capi- shall be fifty thousand dollars, with power to increase the * *^ ■ same from time to time as occasion may require, to an amount not exceeding in all the sum of two hundred and fifty thousand dollars, which stock shall be divided into shares of twenty dollars each ; the affairs of said company shall be managed by six directors ; the corporators herein- Directors, before named shall be the first directors, and shall continue in office until their successors are appointed; the stock- holders may meet annually to elect directors, vacancies occuiTing in the board of directors may be filled until the Yg^"^^®*'' ^^^ next stockholders' election by the remaining members of the board ; the said directors may elect a president, secre- tary and treasurer, and such other officers and agents as they may deem necessary. 3. And be it enacted. That said company shall have Power to carry 1 . 1 1 • /• /.on business. power to engage m and carry on the busmess of manuiac- turing fertilizers from sewage, and to purchase and sell tlie same, and to acquire materials therefor, and for-that purpose any city, borough, towTiship, or other municipality in the county of Essex may make contracts with said company. May make con- allowing said company to take, remove, and use for the*"*^**' purposes of said company all or any of the sewage that may be within the limits of any of said municipalities; in the case of cities or towns having a common council such con- tracts shall be made on the part of the city or town by the common council and the mayor, or other chief magistrate, and in the case of townships said contracts on the part of the townships shall be made by the township committee. 4. And be it enacted^ That this act shall take effect im- mediately. Approved March 15, 1875. 100 PRIVATE LAWS. CHAPTER CXX. An Act to incorporate the Spring Lake Beacli Improvement Company. Corporators. 1. Be IT ENACTED by the Seriate and General Assembly of the State of New Jersey^ That Edward Browning, Gus- tavus A. NicoUsj* James. Hunter, Samuel C. Huey, Henry C. Howell, John G. Reading, David C. Spooner, Isaac W. Hughes, William H. Gatzmer, and Samuel B. Huey, and such other persons as they may hereafter associate >vith them, be and they hereby are constituted and declared to be a body corporate and politic in fact and in law by the Corporate name name of '* The Spring Lake Beach Improvement Company," and by that name shall have a corporate seal ; shall be able to sue and be sued, and shall have power to purchase, hold, improve, lease, rent, and sell real and personal estate, or any interest tlierein, and to open books of subscription at such time and place in the county of Monmouth as they may select; and until other directors are chosen, the ten corporators hereinabove mentioned shall be iirst directors, with power to make by-laws and transact such other busi- ness as may be consistent with this act. Capital ftiock. 2. And Be it enacted^ That tlie capital stock of the said company shall consist of five thousand shares of one hundred dollars each, which shares shall be deemed pai'sonal prop- erty and be transferable in such manner as the company may by its by-laws direct; and as soon as one thousand shares are subscribed, and twenty per cent, thereon paid in to the corporators, it shall and may be la\vful for the said corporation to proceed to carry into effect the objects of this act ; and it shall be lawful for the directors of said corpora- tion to call and demand from the stockholders thereof, re- spectively, such instalments, at such times and in such proportions as they may deem proper, not exceeding twenty dollars on each share at any one time, and notice of at least thirty days shall be given before any one of such instalments SESSION OF 1875. 101 is required to be paid ; and it shall be lawful for said com- pany to issue certificates of stock, in whole or in part, for any real or personal estate purchased by the said company ; and in case of failure by any stockholder to pay his or herpaiiureof instalment or instalments, as the case may be, at the time ™ fna^lmenSi and place appointed for the payment thereof, or within «tock forfeited, thirty days thereafter, such stockholder shall, if the company shall so direct, incur forfeiture of his or her share or shares, and of all previous payments thereon for the use of the company. 3. And be it enactedy Thsit the property and affairs ofp^ ^^ ^^^ the said company shall be managed by a board of five direc- »ff"" how tors, shareholders in said company, who shall be chosen by whom, annually at such place in the State of New Jersey or city of Philadelphia, and at such times, and in such manner, and upon such notice as the by-laws of said company shall direct, each share of the capital stock entitling the holder to one vote either in person or by proxy, said directors to hold office until others are elected in their places ; a majority of said directors shall constitute a quorum competent to tran- sact all business ; said directors shall choose one of their number to be president, and may appoint such otlier officers and agents as they may deem expedient ; meetings of such board of directors may be held either in New Jersey or Philadelphia. 4. And be it enacted^ That the president and directors of Power to pur- said company be and they are hereby autliorized and in- ?ea?e%eii, etc., vested with all the rights and powers necessary and expe- ^®*^ ®^^**®' dient to purchase, hold, use, and improve, rent, lease, sell, and dispose of real or personal estate, or any interest therein of however limited a nature, in the state of New Jersey ; to survey such real estate as they may purchase, to lay it out in such lots, to lay out and establish or locate thereon such streets or lines of division, and to sell it in fee simple, or for a lesser estate, and at such prices as shall to said company seem best calculated to improve and build up said property or properties, and to transact all business connected with the carrying out the objects of said corporation. 5. And Be it enacted^ That any conveyance, deed, lease, con^ey^nc^g agreement or other instrument signed by the president and JJ hare iSf ^ secretary of said company, and duly sealed and acknowl- force and eiftct. edged according to the laws of New Jersey, shall have full 102 PRIVATE LAWS. force and effect to bind said company to all the covenants and conditions therein contained. Power to inoor- ^' -1^^ ^^ ^^ enacted, That for the purpose of restricting porateinto nuiHances, and compelling a uniform system of improve- forbidding sale ments in lands belonging to them, the said company are to n?akele*rtain hereby authorized and invested with full power to ineorpo- improveraents. ^^^^ jj^|.^ ^^y deed of couveyauce made by them, whether fee simple or otherwise, a clause or condition forbidding the sale upon the premises so conveyed by said company of any spirituous or intoxicating liquors, and forbidding any nui- sance which the said company may deem detrimental to the interests and prosperity of said settlement, and to require any grantee of said company to make and maintain such style and character of improvements on said lots so con- veyed, or on the streets fronting thereon, as to the said company may seem most expedient for securing a uniform system of develo})ment and improvement of their property, and that any such clause, condition, or covenant shall be a covenant real. May attach 7. And be it enacted. That for the purpose of enforcing pena ty, etc. ^j^^ provisions of the last section, the said company are hereby authorized and invested with power to attach to said clause, to restrict nuisances and regulate improvements, a penal sum which said grantee shall forfeit upon any non-ful- fillment or non-compliance therewith, and the said sum the How recovered. Said Company may recover in any court of record having competent jurisdiction in actions of debt. Dividends. ^- A?id be it enacted, Tliat the president and directors of said company shall declare and make such dividends as tliev may deem proper and prudent, from time to time, out of the profits of the company, or proceeds of sales of its lands. May borrow 9. Arid be it enacted, That the said company may borrow Sre «ime\y^ sucli sum or sums of money, from time to time, as shall be bond, etc. necessary to carry out the objects of said company, and secure Xhe re-payment thereof by the execution and negotia- tion of any bond or bonds, and may secure any of said bonds by mortgage on the lands, privileges, franchises and appurtenances of and belonging to said company, said bonds bearing not more than seven per centum interest per annum. How dissolved. 10. And be it enacted, That the said corporation may be dissolved at any time by a general meeting of the stock- holders specially summoned for that purpose by the presi- SESSION OF 1875. 103 dent of the corporation, by direction of the board of direc- tors ; provided^ that at least two-thirds in vahie of the stock be represented at said meeting ; and upon sucli dissolution, the directors for the time being, or tlie survivor or survivors of them, shall be trustees for settling all the affairs of said corporation, and dividing tlie surplus among the stockholders in proportion to their respective interests therein, unless the stockholders at such meeting shall appoint one or more persons for sucli purpose, in wliich case the person or persons so appointed shall be trustee or trustees for the purpose aforesaid. 11. And be it enacted^ That the said company shall have ^ay subscribe power to subscribe for and take stock in, or purchase tlie Jjj'^jj^jj^*^^^ bonds of any canal, railroad, turnpike, or otlier highway of anycanai. that now^ is or hereafter may be incorporated or established ' by the legislature of this state, whicli shall lead to or pass tlu'ough any lands that may be owned by said company, and to purchase and hold any bond or bonds issued by itself as hereinbefore provided for. 12. And be it enacted^ That in case it sliall at any time ™iar« to elect happen that an -election of directors shall not be made on ration not to be the day when, pursuant to this act, it ought to have been ^^ ^ ' made, the said corporation sliall not for that cause be deemed to be dissolved, but it may and shall be lawful to hold such election on such other day as the directors of said corporation shall direct. 13. And De it enacted^ That this act shall take effect- immediately. Approved March 15, 1875. 104 PRIVATE LAWS. OiNrporatorB. CHAPTER CXXI. An Act to incorporate the Liedertafel Singing Society of the City of Trenton. 1. Be it enacted hy the Senate and General Assembly of the State of New Jersey^ That Louis Brand, Charles Woener, Jacob Opperman, Charles Engle, Ernest C. Stahl, John Melcher, Leopold Feckner, Henry Tlioene, Charles Hauser, Martin Spiegel, Albert Brand, Paul Feckner, Michael Staiger, and Charles S. Hauser, and such other persons as now are or hereafter may be associated with them and their successors, shall be and are hereby constituted a Corporate name body corporate by the name of "The Liedertafel Sinking Society, of the City of Trenton," in the county of Mercer, having for its object the promotion of vocal and instrumental music, and mutual improvement and sociality. 2. And he it enacted^ That the said corporation is hereby Powen. authorized to receive by donation, purchase, or otherwise, and to hold and possess such real and personal estate as it shall deem necessary for the purposes of said corporation ; and the same or any part thereof, to sell, mortgage, lease, or otherwise dispose of at pleasure. 3. And he it enacted^ That the capital stock of said eor- Amountof cap-P^^^^^^^ shall uot cxcced the sum of ten thousand dollars, siaiBtock. which may be divided into shares of such amounts, and transferable in such manner, and upon such conditions as the by-laws of said coi-poration shall prescribe. 4. And he it enacted^ That the said corporation shall JJjJ SJ*^* ^y"have power to make and adopt by-laws and regulations, for the admission, suspension, and expulsion of its members, the election of its officers, and to define their duties, and for the general management of its affairs, and from time to time may alter or repeal the same, to adopt a corporate seal, and to change the same at pleasure ; and in its corporate name may be sued, and may institute suits both in law and equity, for the recovery of all fines, debts, fees, dues and arrearages SESSION OF 1875. 105 due the said corporation, and for all other causes of action. 5. And be it enacted^ That this act shall take effect imme- diately. Approved March 16, 1875. CHAPTER CXXII. An Act to enable the owners of all that tract of meadow lying within the bounds of the lialf Way Creek Meadow Company, Money Island Meadow Company, and meadow lying between the Half Way Creek Meadow Company, and Alloway's Creek, in the township of Elsinborough, in the county of Salem, and state of New Jersey, the more effectually to maintain a road or roads, in and through and to their said meadows. 1. Be it bnacted by the Senate and General Assembly of the State of New Jersey^ That in case any of tlie own- Proceedings in ers of the aforesaid body or tract of meadow, where roads to^^^^^JJ^JJ^^^ the fast land have been or hereafter may be laid out by law, support and or have been and hereafter may be established by contract r^ai^ or by the consent of the proprietors who would have to use any of said roads in going to and returning from their said meadows, cannot agree to support and keep the same in good and suflScient repair, it shall and may be lawful for three- fifths of the owners in value thereof so using said roads, after giving three weeks previous notice of their intentions and the time and place of meeting by advertisements set up in three of the most public places in the neighborhood, to meet, and by a plurality of the votes of those so met to choose such person or persons as they may think proper for manager or managers, treasurer and clerk for the ensuing year, or until their next annual meeting ; they shall likewise at said first meeting appoint three judicious an^^ disinterested persons as commissioners to value said meadow belonging to 106 PRIVATE LAWS. each individual using said road, having regard not only t» the value of said meadow, but also to the comparative benefit tliat may be derived to the owner from the road so contem- plated to be improved. 2. And he it enacted^ That tlie commissioners, when ap- Commissioners to procure plots pomted as atoresaid, shall, as soon as may be, procure and valuation draughts Or plots, of all the lots or parcels of meadow belong- €ach ownw^etc ^^o ^^ ^*^'^ owucr, citlicr by adopting surveys already made, deeds, or causing the same to be carefully measured, showing the quantity held by each owner, and the valuation made thereon, and place the same in the hands of the manager or managers, who shall thereupon make an estimate of the sum or sums of money whicli will be necessarv to defrav the expenses of the difterent services required by this law ; and also of making and keeping tlie aforesaid road sufficiently w^Sfe"*' gooA for hauling hay over, and shall assess tlie same ratably on said meadow, and shall state the said assessment in a regular duplicate containing the names of the owners or possessors, the number of acres and parts of acres held by each, the sums assessed on them severally, and the time or times of payment, which duplicate shall be delivered by him Managers to or them to the treasurer appointed as aforesaid ; and it shall keep road in re- , . , _ r'^ ' , pair. be the duty ot the manager or managers to keep m repair the said road from time to time, as he or thev shall think necessary; and the said manager or managers shall be accountable for anv monevs remainiuff in his or their hands at the end of every year, or at the annual meeting ; and if the said manager or managers shall refuse to pay such balance remaining in his or their hands, to his successors in office, then such successor or successors shall sue for and recover the same, in an action of debt, with costs of suit. S, And be it enacted. That the treasurer, on receipt of notify owner of said duplicate, shall, in person, or by notice in writing left assesflment. ^^ ^^^ usual placc of abodc of cacli owner or possessor, or by advertisement in a public newspaper of the coimty, when anv owner cannot be found, demand of and from such owner or possessor, twenty days before the time of payment, the sums assessed, as aforesaid ; and if any of the said owners or Failure of own- posscssors shall ucglcct Or rcfuse to pay the sum assessed, as urer*to*rent^t ^f^^resaid, for the space of twenty days after the time fixed mw^ow to the for the payment thereof, it shall and maj'' be lawful to and g es er. ^^^ ^j^^ ^^.^ treasurer to seize and rent out by public ven- SESSION OF 1875. 107 due, to tlie highest bidder, for so long a time, and no longer, as will be requisite, so much of the said meadow belonging to or in the possession of said delinquent owner or possessor as may suffi(*e to discharge such assessment, and all expenses attending the recovery thereof, having first advertised the same for the space of three weeks in three of the most public places in the neighborhood where the said meadow lies, and also in one of the newspapers publislied in the vicinity of said meadow. 4. And be it enacted^ That tlie owners and possessors ofowneratomeet said meadow shall meet annually, after their first meeting, *^"°"* ^' on the lirst Monday in April, unless by a majority of those met some other time for the annual meeting shall be fixed upon, and at such place as they shall also, by a majority of those met, appoint. 5. And be it enacted^ That it shall and may be lawful for Managers may the said manager or managers, and he or tliey are hereby IndTtake and* authorized and empowered, from time to time, to dig and dig earth, etc. take, for the purposes aforesaid, any earth, mud or sod in any part of the said meadow most convenient and least det- rimental to tlie owners thereof, and to have free ingress and egress for himself or themselves, his or their team or teams and workmen, through any part of said meadow, whenever he or tliey may deem it necessary ; and whenever any owner thinks himself aggrieved, by any manager digging upon his meadow, and taking therefrom any mud, eartli or sod, for the making and maintaining said roads, and demands dam- ages therefor, if the said manager or managers cannot agree Proceedings in with such owner or owners as to the amount of damages ^not^agiS" sustained, the said manager or managers shall choose one J^J!;** *^^°®™» disinterested freeholder resident in the township in which the damage was sustained, and the owner or owners of the soil shall choose another, and if they fail to agree they may select a tliird disinterested freeholder, resident as aforesaid, and the three persons so chosen shall view the premises and assess the damages sustained as aforesaid, and their decision or a decision of a majority of them, put in writing under their hands, shall be binding and conclusive on the parties. 6. And be it enacted^ T\\9X it shall be the duty of the Managers to said manager or managers, within ten days after a copy of JSJ^J'tafin*^ the said decision shall have been served upon him or them, of son. to pay the owner or owTiers of the said soil the damages so 108 PRIVATE LAWS. ascertained, and also to pay the expenses and compensatioQ of the said freeholders ; and in case he or they shall neglect or refuse so to do, the said owner or owners may maintain an action and recover judgment against him or them for the amount thereof, with costs, in any court of competent juris- diction ; and that the amount of the damages, expenses and compensation, which shall be paid by any such manager or managers, in pursuance of this act, shall be allowed and credited to him or them, in the settlement of his or their accounts. New valuation 7. j^Tid bc it enacted^ That a new valuation or assessment when to be j^^y j^^ j^g^^ every ten years, if three-fifths of the owners in value and possessors may deem it necessary. Mode of voting 8. And be it enacted J That after the first organization, in tied.^ 0 en - ^j eases of an election for ofiicers or for other purposes, the mode of voting shall be in person or by proxy in Avriting, duly executed in the following manner : every person owniDg or possessing meadow in the said company shall be entitled to a vote for every acre upon which he is assessed for main- taining said roads. 9. And be it enacted^ That this act shall be deemed a public act and shall take effect immediately. Approved March 15, 1875. CHAPTER CXXVII. A Further Supplement to an act entitled "An act to incor- porate the Passaic Brick, Tile and Manufacturing Com- pany," approved April second, eighteen hundred and sixty eight. Poruonofeec- ^' Be IT ENACTED by the^Senate and General Assembly tion repealed, of the State of New Jersey^ That all that portion of the fifth section of the act entitled "An act to incorporate the Passaic Brick, Tile and Manufacturing Company," approved 1 SESSION OF 1876. 109 April second, eighteen hundred and sixty-eight, which reads as follows, viz. : " but the same shall in all cases be discharged into the Passaic river above the bridge over the same called Lincoln bridge," be and the same is hereby re- pealed. 2. And be it enacted, That this act shall take eflfect immediately. Approved March 15, 1875. CHAPTER CXXVIII. An Act to incorporate the Paterson Locomotive and Mer- chants' Express Company. 1. Be n^ENACTED by the Senate and General Assembly of the State of New Jersey, That Robert S. Hughes, corporato™. Kobert G. Hughes, James C. Christie, Hiram J. Smith and Charles D. Beekwith, together with such persons as shall subscribe to the stock hereby authorized, and their succes- sors, be and they are hereby constituted a body corporate and politic in law, by the name of the "Paterson Locomo- corporate name tive and Merchants' Express Company," and by that name p®^®"- shall have power to use a common seal, to sue and to be sued, to defend and to be defended in all courts of law and equity, for the purpose of carrying on a general forwarding and express business, in the transportation of all kinds of goods, chattels, merchandise, bullion, specie, money and other arti- cles, from and to, and between various posts and places in this state, and beyond the limits thereof, and to do all such things as are incident to a corporation, and necessary for the purposes of this act. 2. And be it enacted, That the capital stock of said cor- c»pitai stock. poration shall be twenty-five thousand dollars, with the pri- vilege to increase the same at any time to one hundred thou- sand dollars, and shall be divided into shares of one hun- dred dollars each, and the said company may organize and 110 PRIVATE LAWS. commence operations whenever two thousand dollars shall have been subscribed to said stock, and paid or secured to be paid, and tlie said stock shall be deemed personal prop- erty, transferable only on the books of said corporation, and shall be paid in at such times, in such manner, and upon such notice as the directors of the corporation may appoint May procure, 3. And be it enacted, That, for carrying out the purposes «Si pereonai"^ of this act, the said company may, from time to time, pro- and real estate, cure, liold and use sucli vehicles, crates, cars, horses and such other personal property as may be needed by them for carrying on their business as aforesaid, and may also pur- chase, lease, hold, mortgage and convey so much real estate as may be considered necessary for the proper transaction of their business. Principal office. 4. And be it enacted, That the principal office of the said company shall be located in the city of Paterson, and the business of said corporation shall be conducted by not less than three directors, one of whom shall be president ; and the said directors shall hold their office one year and until Annuaieiection others are elected in their stead; the election for directors shall be held annually, at such time and place as the by- laws of said corporation shall provide, at which each stock holder shall be entitled to one vote, in person or by proxy, for each share of stock held. Annual sute- 5. And Be it enacted, That at the annual meeting of the ""'*^* stockholders for the election of directors, the direc^tors shall exhibit a full and complete statement of the affairs of the DiTidenda. said Company during the preceding year ; and no dividends shall be declared upon the stock of said corporation, except from the net profits of the business. 6. And be it enacted, That this act shall take eflPect im- mediately. Approved March 15, 1875. SESSION OF 1875. Ill CHAPTER CXXIX. An Act to incorporate the Union Cranberry Company. 1. Be it enacted by the Senate and General Assembly (^ the State of New Jersey^ That J . Miller Shinn, Francis corporators. H. Jackson, Charles C. Mish and Charles H. Woodruft*, and all such persons as may hereafter be associated with them, their successors and assigns, be and they are hereby consti- tuted a body politic and corporate, in fact and in law, by the name of Union Cranberry Company, for the purpose of buying, holding, cultivating and improving lands in the counties of Burlington and Ocean, or either of themj ^'^^ S?pow«8 *™^ for raising and selling cranberries and other fruits and pro- duce of said lands, and carrying on the business connected therewith, and erecting such buildings, and holding such personal property as may be necessary therefor ; and that they and their successors, by the same name, may sell, mortgage and dispose of the said lands, tenements and he- reditaments, cranberries, produce, fruits, goods and chattels, or any part thereof, and may lay out, open, make and main- taia ditches, drains, sluice-ways and embankments through their own and adjoining and contiguous lands, and may flood the same as they may deem for the benefit of said lands, doing no unnecessary damage, and subject to such compensation to be made therefor as hereinafter directed, and for such purposes the said company shall or may raise by subscription, by opening the books therefor, or otherwise, a capital stock of fifty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, which shall be divided into shares of the par value of one hundred dollars each. 2. And be it enacted^ That if said company or their agents Swcomjlnyj cannot agree with the owner or owners of such required ^j'J°^u«^ree lands, for ditches, drains, sluice ways, embankments and etc flooding, as provided in the first section of this act, or when, by reason of the legal incapacity or absence of sucli owner 112 PRIVATE LAWS. or owners, no Buch agreement can be made, then the jadge of the circuit court in tlie county of Burlington or Ocean, in which such lands are located, shall, on application of either party, nominate and appoint three disinterested per- sons to examine such lands, and estimate the damages sus- tained thereby, who shall, at the same time, take into con- sideration all tlie beneiits which the said owner or owners may derive from or in consideration of said improvement, and who shall, after at least ten days' notice to the parties of the time and place where they will be heard in relation to the matter, proceed without delay to make their report thereon, and deliver the same to the court at the next ses- sion thereof, which shall be held in said county of Barling- ton or Ocean, respectively, and wlienever such report sh^ be confirmed by the court aforesaid, the said company shall, within two months thereafter, pay to the said owner or own- ers, or such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the damages sustained ; but if the person to whom such com- pensation shall be awarded, is, or the said company is dis, satisfied wnth the amount thereof, either party may appeal from the said adjudication to the circuit court of the county of Burlington or Ocean, respectively, wliich is hereby given jurisdiction to re-hear the said matter, and to cause a proper issue to be framed to try the question of compensation, and to liave the same tried by jury, as an issue out of the supreme court in a civil action, but such appeal shall not restrain the said company from taking possession of such required lands, if tlie said compensation found by said appraisers shall have been tendered ; if the jury sliall find more than the appraisers, the cost of such appeal shall be paid by the company, but if the jury find less, or confirm said amount, the costs of appeal shall be paid by the owner or owners ; in case any parties entitled to compensation can- not be found to whom to pay the same, or are unknown, or labor under legal disabilities, payment of such compenssr tion into the circuit court of the county of Burlington or Ocean, respectively, shall be equivalent to the payment of the parties entitled to the same. AfSkin how ^' ^^^ ^^ ^^ enactcd, That the affairs of said corporation managed. shall be managed by not less than three, nor more than five directors, all of whom shall be stockholders, one of whom SESSION OF 1875. 113 ehall be president, and a majority of wliom shall have all the powers of the board ; and they shall hold their office for one year, and until others are elected in their stead, and shall have the power to make by-laws for the government May ™»^« *>t- and management of said corporation, and shall hold their meetings at such times and places as the by-laws may pro- vide ; and that until an election for directors shall be held, the persons named in the first section of this act shall be directors : and in case a vacancy shall occur in the board of vacancies in ,..',•,., • i- ^1 • ^1 • • directors now directors by death, resignation, or otherwise, the remaining filled, directors for the time being, or a majority of them, shall have power to fill such vacancy by the appointment of any stockholder. 4. And be it enacted^ That the stock of said corporation stock and dwi- shall be deemed personal estate, and shall be transferable in such manner as the by-laws may prescribe, but no dividends shall be made to the stockholders except from the net pro- fits of the corporation, and that regular books of accounts of the corporation shall be kept, to w^hich every stockholder shall have free access at all reasonable times for the purpose of inspection. 5. And be it enacted^ That the said corporation may be How diasoired. dissolved by a general meeting of the stockholders specially called for that purpose ; provided^ that at least three-fourths p«>vi«>- in value of the stockholders shall concur therein, and upon such dissolution the directors, for the time being, and the survivor or survivors of them, or such persons as the said stockholders shall appoint, shall be trustees for settling all the affairs of the company, collecting and disposing of its property and assets, paying its debts and dividing the sur- plus among the stockholders in proportion to their respec- tive interests in the stock. 6. And be it enacted^ That the said corporation shall General powen. possess the general powers and be subject to tlie general directions and liabilities set forth in '' An act concerning corporations," approved February fourteenth, eighteen hun- dred and forty-six, so far as the same are applicable. 7. A nd be it enacted^ That this act shall take effect im- mediately. Passed March 16, 1875. 8 114 PRIVATE LAWS. CHAPTER OXXX. An Act to incorporate the New Jersey Stock Exchange. t Corporators. 1. Be IT ENACTED by the Senate and General Assembly the State of Neic Jersey^ That Samuel B. I)od, Samuel Syms, John H. Bonn, William G. Shepherd, Ilazen Kimball, Charles F. Tag, Daniel Dodd, William W. Ship- pen, Frederic B. Ogden and James AV. Vroom, and such other persons as may hereafter be associated with them, be, and they are hereby, constituted a body politic and corpo- corporatcnairerate, in fact and in law, by tlie name of The New Jersey Stock Excliange, and tliat said corporation may sue, and be sued, implead, and be impleaded, may buy, hold, sell and convey any lands, tenements, goods and chattels, necessary or proper, for the purposes of this incorporation. Powers of co:-: 2. And be it enacted^ ^\i2i\ said corporation shall be au- pora on. thorfzcd to kccp a registry of public and private stocks and bonds, and are hereby authorized to buy and sell the same at a public stock board, at such time and place as they or % majority of them shall designate, and to control and regu- late the manner of dealing in said stocks and bonds, and tor this purpose tliey may elect such officers as they may deem necessary, and establisli and enforce the provisions of a con- stitution and by-laws not repugnant to this act or the laws of the State of New Jersey. Copy of consti- 3. And be it enacted^ That a copy of said constitution uws^to*be\^pt and by-laws shall be kept in the office of this corporation, In office. subject to the inspection of all persons transacting business with said stock exchange. 4. And be it enacted^ That this act shall take effect im- mediately. Approved Marcli 16, 1875. SESSION OF 1875. 115 namar CHAPTER CXXXI. An Act to incorporate the People's Loan and Trust (com- pany. 1. Be it enacted hy the Senate and General jlsse^nbly coriior^ioTs of the State of New Jersey^ That Joseph Coult, Jeremiah O'Rourke, Joseph W. Ballentine, Patrick Sheridan, and Charles M. Zeh, and such other persons as may hereafter be associated with them, and their successors, are here])y con- stituted a body corporate, in fact and in law, under tlie name of the " People's Loan and Trust Company," and by that corporate name shall have perpetual suc(*es8ion, and may sue and be sued in any court whatever, witli powers and privileges as hereinafter provided. 2. And he it enacted^ That the capital stock of said com- caoitai »tock pany shall be two hundred thousand dollars, in shares of one ^^".1!"°^^^** hundred dollars each, but when one hundred thousand dol- lars shall have been actually subscribed, and one hundred thousand dollars paid in cash, the said company may organ- ize and proceed to business under this act, the principal office of the said company shall be located at Newark in this State. 3. And he it enacted. That the said company shall have power to guarantee tlie payment, pimctual performance and poration. " collection of promissory notes, bills of exchange, contracts, bonds, accounts, claims, rents, annuities, mortgages, choses in action, evidence of debt and certificates of property or value, and tlie titles of property, real or personal, upon such terms as may be established bv the board of directors of Baid company ; to receive upon storage, deposit, or other- wise, merchandise, bullion, specie, plate, stocks, bonds, pro- missory notes, certificates and evidences of debt, contracts, or other property, and to take tlie management, custody and charge of real or personal estate or property, and to advance moneys, securities and credits upon evidences of debt or any property, real or personal, on such terms as may be estalv lished by the directors of said company. 116 PRIVATE LAWS. Business and ^' -^^^^ ^^ ^^ ^'^^^^^^j That tlic business and corporate affaire by whom powers of Said compaDV sliall be exercised by a board of conducted ■ x •/ v nine directors, to be chosen as liereinafter provided, who shall elect from their number a president and other otiicers, if deemed expedient, five of which directors shall constitute a quorum for tlie transaction of business. Commissioners ^- -And be it enacted, That the persons named in the first and?ece?vesub-®®^^^^^ ^^ ^^^^^ ^^^ sliall be and they are hereby appointed Bcriptions. commissioners to open books for subscriptions to the capital stock of said company, at such time and place as they or a majority of them shall deem proper, and for such amounts as in their judgment tlie business of the company mar require, but for no less amount of subscription than fifty thousand dollars. , Annual election 6. And be it. enacted, Tlisit the election of directors, as of directors, aforesaid, shall be held at a time and place to be fixed by said commissioners and annually thereafter on the second Monday in January of each and every year at such hour and place as may be directed by tlie by-laws of said com- Proviflo. pany ; provided, that at least five days' public notice of such election shall be given in one newspaper published in the place where the principal place of business of said com- pany shall be located, and at such election each stockholder shall be entitled to one vote for each share of stock held by him ; that the first election of directors of said company shall be held at such time and place after the said stock shall have been actually subscribed as aforesaid, as the said persons in the first section hereof, or a majority of them Proviso. shall determine ; provided, five days' notice of such election shall be given as aforesaid ; and said directors sliall hold oflice until others are elected as aforesaid. 7. And be it enacted. That it shall be lawful for said corn- May purchase, pany to Icasc, purchase, hold and convey all such real or lease and con- •'•'■i.. i a. ^-l-i: vey real or per- personal cstatc as may be necessary to carry on their busi- sonai estate, n^gg^ ^s wcU as sucli real or pergonal estate as they may deem it necessary to acquire in the enforcement or settle- ment of any claim or demand arising out of their business transactions, and to sell and exchange the same for other property, as they may determine that the interest of said company may require ; and the said company are hereby authorized to make, execute, and issue, in the transaction of their business, all necessary receipts, certificates and con- J SESSION OF 1876. 117 tracts, which shall bear the impress or stamp of the seal of the company, and shall be signed by the president and coun- tersigned by the secretary or treasurer thereof. 8. And be it enacted j That this act shall take eifect im- mediately. Approved March 16, 1875. CHAPTER CXXXII. An Act to incorporate tlie New Jersey Trust Company of Newaa'k. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That Andrew A. Smalley, corporators. Aaron B. Baldwin, Jolm M. Randall, Caleb S. Titsworth, Augustus W. Bell, Alfred Mills, Waldo B. Tiehenor, Wil- liam E. Pine, Joseph I. Meeker, and all other persons who may hereafter be associated with tliem as hereinafter pre- scribed, and their succ^essors are hereby (treated a body corporate in fact and in law, by the name of the " New Carporate name Jersey Trust Company of Newark," and by that name shall have perpetual succession, and be capable of suing and being sued in all courts. 2. And be it enacted^ That the said company shall have Powers of cor- power to construct, maintain and operate suitable buildings p^^***^°- and structures for the reception and storage of personal property, to act as general consignees and bailees thereof, to take all manner of personal property upon deposit for safe-keeping, to make loans upon the same, to sell on com- mission, and guarantee the payment, punctual performance, and collection of promissory notes, bills of exchange, con- tracts, bonds, accounts, claims, rents, annuities, mortgages, choses in action, evidences of debt and certificates of prop- erty or value, and the title of property, real or personal, and to advance moneys, securities and credits upon evi- 118 PRIVATE LAWS. (lenceti of del»t, or any property, real or personal, and to take tlie management, custody and eliarge of real or per- sonal estate, on such terms as may be established by the board of directors. Capita! j«t. And be it enacted^ Tliat the election of directors as ofdirect.»r«». aforcsaid, shall be held at a time and place to be fixed by said commissioners, and annually thereafter, on the third Monday in January of eaith and every year, at such hour and place as mav be directed by the bv-laws of said com- Proviuu. pany ; jyrovided^ that at least five days' public notice of such election shall be given in one newspaper published in the place where the principal place of business of said com- pany shall be located, and at such election each stockholder shall be entitled to one vote for each share of stocrk held by him ; that the first election of directors of said company shall be held at siu^h time and place after the said stock shall have been actually subscribed as aforesaid, as the said persons in tlie first section hereof, or a majority of them Proviso. shall determine ; 7>r6>virf6fl?, five days' notice of sudi election shall be given as aforesaid, and said directors shall bold offit*e until others are elected as aforesaid. SESSION OF 1875. 119 7. And be it enacted. That it shall be lawfiil for said com- May lease, pu^ pany to lease, purchase, liold and convey, all sucli real or per- convey real and Bonal estate as may be necessary to caiTy on tlieir business, p®"<>°** ^^*«- as well as such real or personal estate as they may deem it necessary to acquire in the enforcement or settlement of any °«"- 2. And be it enacted. That the said The First Presbv- tut6a iBfi^l sue- * ^>, * cesrorand In- tcriau Cliurch of Hackcusack be, and the same is herebv, rightB, powers, made and constituted the legal successor of the said The ***^' Reformed Church of Hackensack, and shall succeed to and be vested with all the rights, powers and privileges, inclu- ding the right and title to all the estate, real and personal, owned, possessed or liad by the said The Reformed Church of Hackensack, subject to all the legal liabilities of the same, and shall be vested with all the rights, duties, powers, and privileges of a constituent member of said The Presbv- terian Church of the United States of Ameritta, in the same manner and with the same eflfect as though it had been originally, or in accordance with any law or laws of this State so incorporated. S^i^au^*^**' 3. And be it enacted, That tlie trustees of the said The rights, etc. First Presbyterian Church of Hackensack, and their snc- cessors, shall be deemed and held to be the legal successors in ofiice of the trustees of said The Reformed ChiirtJi of Hackensack, and shall succeed to all tlie rights, powers and privileges of the said trustees of The Reformed Church of Hackensack, and shall also be vested with all the rights powers and privileges of the trustees of a constituent mem- ber of said Presbytery. 3. And be it enacted. That this act shall be deemed » public act and shall take eflFect immediately. Approved March 17, 1875. SESSION OF 1875. 121 CHAPTER CLIV. A Supplement to an act entitled " An Act to authorize and empower the consistory of the Reformed Church of Acquackanonk, in the county of Passaic, and State of New Jersey, to assess the pews of the said church," approved February ninth, eighteen hundred and sixty- nine. 1. Be n ENACTED iSy the Senate and General A sseml/ly ^^ezier. of the State of New Jersey^ That the proviso contained in the first section of tlie act entitled " An act to authorize and empower the consistory of tlie Reformed Church of Acquackanonk, in the county of Passaic, and State of New Jersey, to assess the pews of the said church," approved February ninth, eighteen hundred and sixty-nine, be and the same is hereby repealed. 2. And he it enacted^ That this act shall take effect im- mediately. Approved March 17, 1875. CHAPTER CLV. An Act to incorporate the Trustees of the Church of the Holy Innocents, in the city of Hoboken. Whereas, Martha B. Stevens, of the city of Hoboken, by rrmmbie. a certain deed of indenture, bearing date the first day of July, in the year of our Lord one thousand eight hun- dred and seventy-two, recorded in the clerk's office of the 122 PKIVATE LAWS. (rounty of Hudson, in liber two hundred and forty-seven of deeds, page thirty-four, hath conveyed certain property therein described, unto Kobert J. Nevin, Martha B. Stevens and John Stevens, to be held by them for the purpose of effecting certain charitable trusts therein men- tioned ; and whereas, the said Martha B. Stevens is desi- rous that the said trustees so appointed by her should be duly incorporated ; now therefore, 1. Be rr enacted by the Senate and General Assembly of the State of New Jersey^ That Martha B. Stevens, Robert J. Nevin and John Stevens, shall be and they are liereby (constituted a body politic and corporate, by the c^irporate name name of the " Trustces of the Church of the Holy Inno- cents," in the city of Hoboken, and by that name shall have perpetual succession, and may sue and be sued, implead and be impleaded, may purchase and hold property, both real and personal, may make and have a corporate seal, and the same break and alter at their pleasure, and shall have all other rights belonging to similar corporations by tlie la^vB of this state. Affaire how 2. And be it enacted^ That the entire management of the conduced °^ affairs and concerns of the said corporation, and the corpo- rate powers hereby granted, shall be vested in the above named trustees ; who shall have power from time to time to enact by-laws not repugnant to the (constitution or laws of the United States or of this state ; to fill up vacancies in their board which may occur by death or resignation, or any cause whatever ; and to increase the number of their board to not exceeding nine members. MayseiUBd^ 3. And be it enacted^ That the said Martha B. Stevens, tate, etc. Kobort J. Nevin and Jolm Stevens, are hereby authorized and empowered to sell and convey the real estate and prop erty described in the deed above referred to, unto the said corporation ; wliich is hereby empowered to manage the same for the purposes, trusts and benefits, set torth in tlie said deed ; and is invested wuth all tlie powers which the said Martha B. Stevens intended to bestow upon the gran- ProTiao. tees in said deed ; provided^ that whensoever the said cor- poration shall deem it advisable, they may sell the said real estate, or any part thereof ; and invest the proceeds of every such sale, for the benefit of said corporation. * i SESSION OF 1875. 123 4. A nd be it enacted^ That this act shall be deemed a pul>- lic act and shall take eftect immedir.tely. Approved March 17, 1875. CHAPTER OLVI. A Furtlier Supplement to an act entitled "An Act to incor- porate the Elizabeth and Newark Horse Railroad Com- pany," approved March twenty-iiftli, one thousand eight hundred and sixty-four. 1. Be it enacted by the Senate and General A sseinblt/ mslv \aj down of the State of Nexc Jersey, That the Elizabeth and New- XoX^liS.^* ark Horse Railroad Company be and they are hereby an- tliorized, in addition to the railroad and branches authorized to be constructed by the act to which this is a supplement, and the several supplements thereto, to lay down and con- 8truct a railroad with all the necessary turnouts and switches thereto, and with a single or double tratrk from their present railroaard of and by whom directors of the said corporatic»n shall be competent to tran- managed. ^^^^^ ^jj ^j^^ l)usineps of said corporation, and shall have power to call in the capital stock of said company in such installments, and at such times as they may direct, not ex- ceeding ten per contnm at any one time, and not less than thirty days after the previous installments ; and in case of the non-payment of any such installments, or any one i>f them, to forfeit the share or shares upon which such default shall arise ; and to open the books for further subscript ion^ of sto(*k until the wliole stock subscribed amounts to tlie sum of fifty thousand tlollars, and also to make and prescribe such by-laws, rules and regulations as to them shall appear needful, touching the management of the stock, property, estate and effects of said corporation ; and further, shall have power to elect or appoint as many officers, superinteih - tiation. ^m tcfbe^kept ^' A7id be it enacted, That the directors shall at all times keep or cause to be kept proper books of accounts, in which shall be entered all transactions of said association, and als«> books for the transfer of stock of the association, which shall at all times, at reasonable hours, be opened for the in- spection of stockholders of said association ; that the Annual report directors shall make an annual report to the stockholders of the affairs of the association, of the amount of stock actu- ally paid in, and assets and debts of the association, and no dividends shall be declared except from the actual profits of the association. May receive 6. And be it enacted, That the said institution may, or p(»it°and°invest may uot, as the majority of the directors may decide, re- the same. ^eive as deposits, all such sums of money which may be of- fered, for the purposes of being invested, in such amounts and at such times, and on such terms as the by-laws shall prescribe, which shall be invested accordingly, and shall l>e J SESSION OF 1875. 139 repaid to the depositors at such times, and with such inter- est, and under snch regulations as the board of managers shall from time to time prescribe ; and the said institution may accept and execute all such trusts of every description, as may be committed to them by any person or persons whatever, by will or otherwise, or transferred to them by the order of any court. 7. And he it enacted, That tlie institution shall not be Jf/^*;;^*/*^*" required to allow interest on deposits until it amounts to five dollars, nor to allow interest on the fractional part of one dollar, nor shall the institution be required to allow interest on the fractional parts of a month. 8. And be it enacted, That all deposits and payments J^®g^*^*^»'^JJ^-» . shall be regularly entered on tlie books of the institution, and every pei*son depositing money sliall be furnished with a duplicate of his or her account, in which every deposit shall be regularly entered as soon as made. 9. And be it enacted, T!\\r\. the said institution may in- May invest , 1111 /•*' 1 money in Btocka vest money m the stocks created under the laws oi the and bonds. United States, and in the stocks and bonds issued by the several states, and also in such bonds as mav be issued by the several counties, and cities and townships in the different states, undei the laws thereof, and also upon bonds and mortgages. 10. And be it enacted. Tliat this act sludl be and is hereby Act how cob- an amount not to exceed at any time twenty -five per cent of their total deposits. Bepeaier. 2. And be it enacted, That all acts or parts of acts incon- sistent with this act be and are liereby repealed. 3. And be it enacted, That this act shall take effect im- mediately. Approved March 18, 1875. Preamble. CHAPTER CLXVI. An Act to vest the Manalapan and Freehold Turnpike in the purchasers thereof, at a sale heretofore made by John H. Patterson, then late sheriff of the county of Mon- mouth. Whereas, The Manalapan and Freehold Turnpike Company was incorporated under and by virtue of an act of the legislature of New Jersey, approved March eighteenth, SESSION OF 1875. 141 one thousand eight hundred and sixty-three, and by a supplement thereto, approved April ninth, one thousand eight liundred and sixty-eight, was authorized to borrow money and to mortgage the road, franchises, and so forth, and did by authority of said supplement borrow the sum of fifty-tive hundred dollars, and execute a mort- gage as authorized by said supplement ; and whereas^ said mortgage was regularly foreclosed, and the road, fran- chises, and so fortli, sold by the sheriff of the county of Monmouth upon a fieri facias issued upon said foreclosure proceedings, and George Hunt, John S. Denise, David* Clark Perrine, Acton C. Hartshome, Joseph Ely, John R. Perrine, Charles H. Snyder and Thomas Smith became the purchasers thereof ; therefore, 1. Be it enacted by the Senate and General A88emhly9>\^x\w%^%\e of the State of New Jersey, That the aforesaid sheriffs JSnfirmS!"* sale be ratified and confirmed, and made valid in law and equity, and that the said George Hunt, John S. Denise, corporators. David Clark Perrine, Acton C. Hartshome, Joseph Ely, John K. Perrine, Charles H. Snyder and Thomas Smith be and are hereby incorporated into the name of The Manala- Name and pow- pan and Freehold Turnpike Company, with tlie same power and authority to carry on the business of said turnpike road as is given in the aforesaid original act of incorporation, approved Marcli eighteenth, one thousand eight hundred and sixty-three, and in tlie several supplements thereto. 2. And be it enacted, 1\\A\ a mortgage, lieretofore and Mortgage de- since said sale executed upon said turnpike road, land, privi-j^/J^®°*^*^^^ leges, franchises and appurtenances for the sum of eiglit thousand dollars, shall be a good and subsisting lien upon said road, lands, privileges, franchises, and so forth, botli at law and in equity. 3. And be it enacted, That the said The Manalapan and May barrow Freehold Turnpike Company sliall have power to borrow Jirc^same^by^ such sum or sums of money as shall be necessary to discharge mo°rtga^%tc. the present or future indebtedness of said company, in what- ever form such indebtedness mav be, not exceeding the sum of ten thousand dollars, and to secure the repayment thereof, by the execution and negotiation of a bond or bonds, secured by a mortgage or iiiortgages on the said road, fran- chises and appurtenances of and belonging to said company, which mortgages shall constitute good and sufficient liens thereon. 142 PRIVATE LAWS. 4. And be it enacted, That this tu-t shall take effect imme diately. Approved March 18, 1875. CHAPTER CLXVII. Pi^amble. ntte Tested; ^dTiB ciation. May make and adopt by-laws, etc. Corporators. 1. Be IT ENACTED by the Senate a?id General AssevMy of the State of New Jersey^ That William H. Ilowell, Stmdder II. Phillips, Israel Hendrickson, Alfred C. Ilowell, Edward Magnire, and their associates and successors, shall be and they are hereby created a body politic and corporate Corporate name in fact and in law by the name of the Ewingville Driving Park Association, and by that name sluill sue and he sued, and shall generally possess all the powers, privileges and incidents of a corporation. "1. And Be it enacted^ That the directors of the said asso- ciation shall have the power and authority at their first or any subsequent meeting, to make, adopt and establish such by-laws, rules and regulations for the government of the association, as they may deem proper and expedient, and to alter and change the same at pleasure, and to adopt a cor- porate seal, and all other acts necessary for the organization of the corporation hereby created ; prox^ided^ such bylaws, niles and regulations shall not be inconsistent with the con- stitution of this state and of the United States, or the pro- visions of this act. 3. And be it enacted^ That the capital stock of said cor- poration shall be twenty thousand dollars, divided into Proviso. Capital stock. SESSION OF 1875. 145 shares of one hundred dollars each, and paid in by the stockholders in such time, manner and instalments, as the directors of the said corporation may direct, and such shares shall be deemed personal property, and be transferable only in such manner as the said association by their by-laws may prescribe, and the said corporation may hereafter increase their capital stock if they choose, to an amount not to ex- ceed fifty thousand dollars. 4. And be it enacted, That the above named persons, o^ F**™*""?)^®" a majority of them, shall be and they are hereby appointed and receive »ub- <:onimissioners to open books and receive subscription to the *"*^^ ^"'' ^ •capital stock of said association, at such times and places, «.nles and other real and personal property suitable for riding and driving exercises and purposes, and shall have power and authority to receive by donation or devise, to acquire, purchase or lease and use, hold, possess and enjoy such real estate and «uch personal estate as thev shall deem necessarv for the purpose of the association ; and the same or any part of ^uch real or personal property, to sell, mortgage, lease or otherwise dispose of at pleasure, and also to make, build, 4*onstruct and lay out on the real estate so held by them, fiuch buildings, roads, tracts, walks and other improvements as they may deem necessary. 6. And be it enacted. That for the purpose of carrying t^^„ hold fai« into effect the objects and purposes contemplated by the andexhibitiona provisions of this act, it shall be la\\^ul for said association 9 146 PRIVATE LAWS. Profits how di- Tided. Invested with police Juriadic^ tiOD. Power to pre- yent sale of li- quors, etc. May appoint officers and their powers. to hold upon said grounds, from time to time, and as ofteu as they deem proper, fairs and exhibition for the develop- ment of speed or other desired qualities, and to encourage competition may offer premiums and rewards for stock exhi- bited, and for superiority in tlie objects sought for as the directors, or a majority of them may agree upon ; and to ask, demand and receive for said association's own use, siich reasonable fees for admittance of exliibitors and visitors to the said grounds as the said directors, or a majority of them may deem proper ; and shall have power to let, rent or lease unto any agricultural or other society, person or persons, any part or all said grounds, buildings and improvementb belonging to said association. 7. And be it enacted, That so much of the profits of said association as shall be deemed proper and expedient by the directors, shall, from time to time, be equally divided among tlie stockholders ; but no dividend shall be declared that will impair the capital of the association. 8. And be it enacted, That for the purpose of maintain- ing order and preserving the peace and decorum upon and about all the exhibition or meeting groimds of said associa tion, the said directors, or a majority of them, shall have police jurisdiction within one quarter of a mile of their boundaries of any tlieir said grounds, and it shall he their duty, and they shall have the power to suppress the sale of ardent spirits and other intoxicating beverages by partis not regularly licensed by the public authorities, and to pro- hibit every species of gambling, breach of the peace or laws of this state within the said limits, and it shall also be law- ful- for the said directors, or a majority of them, to appoint from time to time, one or more fit, proper and discreet per- son or persons, who shall take and subscribe an oath or aflirmation before one of the justices of the peace of said county, which oath or aflirmation, shall be filed in the office of the clerk of said county, where said exhibition or meet- ing is to be held, and shall be of like form and effect, as is now required by law for constables to take and subscribe, and the date of said filing shall be endorsed by said clerk, who shall be paid the usual fee for filing papers of that description, and the person or persons so appointed and sworn or afiirmed, shall possess so long as the said directors may choose to retain him or them, the same powers and authority or J SESSION OF 1875. 147 the premises of the said association, and on the lands and premises adjacent thereto within the limits above named which constables now possess in criminal cases in this state, and they shall liave power and authority without process to arrest all persons who shall be there found violating any of the laws of this state, or who shall conduct themselves in a disorderly manner, or disturb or wrongfully interfere with the meeting or exhibition of the said association, or the visitors tliereto, or violate any of the rules or regulations of the said association, and the said person so arrested shall be taken as soon as conveniently may be, before some jus- tice of the peace of said coimty of Mercer, and there to be dealt with according to law. 9. And be it enacted^ That tliis a(5t shall take effect im- mediately. Approved Marcli 22, 1875. CHAPTER CLXXIX. An Act to incorporate the River Dock and Warehouse Company. 1. Be rr enacted by the Senate and General Assembly of the State of New Jersey^ That Charles Stockham, Henry corporators^ fi. Wilson, Kandolph Wood, John H. Dialogue, John B. Wood, William J. Sewell, and such others as may hereafter be associated with them, their successors and assigns, be and are hereby constituted and declared a body politic, in fact and in law, by the name of "The River Dock • and Corporate nwn* Warehouse Company," and as such shall have the general rights of corporations formed under the laws of this state. 2. And be it enacted^ That the affairs of this company Affaim how shall be managed by not less than five nor more than nine ™*°** ' directors, first selected by the incorporators, who shall hold office until others shall be chosen by vote, at an annual meeting of the stockholders, each share of stock having a 148 PRIVATE LAWS. May usuebonda right to a votc : the directors shall have the right to issue etc. *-^ bonds and secure the same by mortgage upon the dock or docks of the said company ; also, to declare cash or stock dividends out of tlie profits of the company, and to attend to tlie other business of tlie company, amongst which shall be tlie appointing of officers, building, buying or repairing, and managing fioating and other docks, as well as all busi- ness that may be incidental thereto. 3. And be it enacted^ That the capital stock shall be twenty-five thousand dollars, with the right to increase to any amount not exceeding one hundred thousand dollars, 4. Afidbe it e7iacted^ That this act shall take effect im- mediately. Approved March 22, 1875. Capital stock. CIIAPTEK CLXXX. An Act to in(H)rj)orate the Rendrock Powder Company. 1. Be it enacted by the Senate and General Assembly of the State of JVeio Jersey, That Jasper K. Rand, Addi- corporators. SOU C. Hand and William P. Richardson and the survivon* of them, and such other persons as may hereafter be a^>so- ciated with them, be and are hereby created a body politic and corporate, in fact and in law, by and under the name and style of " The Rendrock Powder Compauv," for the Corporate name *^ i -^i ^i ^ .^ ». j* " ' and powers, purposc, and With the power and authority ot carrying on in the county of Passaic, in this state, and elsewhere, the business of manufacturing gun and blasting powder, and all other articles of which the materials used in the manufac- ture of such powder shall form a component part, or to be used in connection with or auxiliary thereto, and of buying and selling the same, and all other goods and articles requi- site and proper to be used for and in the business authorized by this act ; and by the said name shall have continued suc- cession, and be capable in law of holding, purchasing, leas- SESSION OF 1875. 149 ing, mortgaging and conveying any lands, tenements, goods and eliattels, requisite and proper for the use and purposes of the corporation hereby created ; and the principal office of said corporation shall be in tlie county of Passaic afore- said. 2. And be it enacted^ That the capital stock of said com- capital stock. pany shall be one hundred and fifty thousand dollars, with liberty to the directors to increase the same from time to time, to any amount not exceeding live lumdred tliousand dollars, to be divided into sliares of one Inmdred dollars each ; and the persons named in the first section of tliis act are hereby autliorized to open books of subscription and take and receive subscriptions to such capital stock, at such time or times, and in such manner, and to such extent, not exceeding the amount herein authorized, as they sliall deem proper ; and whenever the same shall be paid, or satisfac- torily secured to be paid to tlie extent called for, tlie said company may commence business ; and the persons in the iirst section named, and tlie directors of said company may receive in payment of subscriptions for said stock, any land, buildings, machinery, patent rights or other rights or prop- erty by them deemed necessary or proper for the use of said company in said business, and at such valuation as a majority of the above named persons or the directoi's sliall approve. 3. And he it enacted^ That the stock, property and con- cerns of said company shall be managed and conducted by AflFairs to be not less than three nor more than nine directors, being bI,aM*o:?d^reo- Htockholders, who shall elect one of their number president ; *<^"- and the said directors, after the first directors hereinafter named, shall be elected by the stockholders, in person or by proxy, upon such notice, on such day and at such hour and place as the directors shall, by their by-laws or otherwise, from time to time appoint and dire(*t ; each share of the capital stock entitling the holder thereof to one vote, and the persons having tlie greatest number of votes shall be directors ; and the directors may appoint sucli officers, superintendents and agents, and assign to them such com- pensation as a majority of the directors shall think fit; and if any vacancy, by death, resignation or otherwise, shall vacauciea how occur among the directors named in this act, or those here- after to be elected, such vacancy may be filled by the re- maining directors or a majority of them ; and the said Jas- 150 PRIVATE LAWS. First board of directors. May make bj- lawn, rules, etc. Pro'^iso. Failure to elect directors corpo- ration not deemed to be dissolved. May su>>»crlbc for and take stock in other companies. May borrow money and se- cure same by bond, etc. per R. Rand, Addison O. Rand and William P. Richardson shall be the first directors of said company, and shall serve as such until the next annual election, and until others are chosen. 4. And be it enactedy That a majority of the directors shall form a quorum for the transaction of the business of said corporation, who shall have power to ordain, establish and put into execution, such by-laws, ordinances and regula- tions as they shall deem nec^essary and proper for the annual elections and the notice for the same, tlie calling in and demanding payment of su])Kcriptions to the capital stock, for the transfer thereof, and for forfeiting the same for default of payment, and for the government, management or disposition of the stock, effects, profits, business and con- cerns of the said (corporation ; provide d^ that the same be not contrary to the (constitution of this state or of the United States. 5. And be it enacted ^ That in case an election for direc- tors shall not be made on the day prescribed for that pur- pose, tlie said corporation shall not for that cause be deemed to be dissolved, but it shall be la>vful to hold such election on such other day and upon such notice as may be appointed for that purpose by resolution of the board of directors. 6. And be it enacted^ That it shall l>e lawful for the said company to subscribe for and take stoi-ik in any other com- pany or association organized for the purpose of carrying on any business connected witli or auxiliary to the business authorized by this act. 7. And be it e?iactedj Tliat the said company shall have power to borrow such sum or sums of money from time to time as the directors shall deem necessary and expedient for said business, not exceeding one-half ot the capital stock paid in, and to mortgage their property and franchises or otherwise secure the payment thereof; and to execute all proper and necessary securities therefor, Mnth interest thereon not exceeding seven per centum per annum, and to sell and dispose of any bonds, obligations or assurances, which they may issue to secure the payment of the money so borrowed as aforesaid, at any rate of price they may be able to obtain for the same, without the same being in any way invalidated thereby. SESSION OF 1875. 151 8. And be it enacted^ T\\9X the stock and property of stock decmM said corporation, of whatever name or kind, shall be deemed e^y^^d Eoi?" personal estate, and tlie said stock shall be transferable in *™°*''^"^- snch manner as the directors may prescribe, but no transfer of stock shall be valid or eflfeetual, until such transfer shall be entered and registered in the books to be provided and kept by the president and directors for that purpose, and no dividends shall be declared except out of the net profits of the company. HowdiawiTrt. 9. And be it enacted^ That the said company may be dissolved at any general meeting of the stockholders thereof specially convened for that purpose by the president, upon Prortei. twenty days' notice ; provided^ at least three-fourths in value of the stock shall be present or represented thereat by tlie said stockholders ; and upon such dissolution, tlie directors for the time being, and the survivors and survivor of them, shall be trustees for settling all the affairs of said (corpora- tion, disposing of its effects, recovering and paying its debts, and dividing its surplus among the stockholders, in propor- tion to their respective interest in the stock, unless the stockholders at such general meeting shall appoint other persons, not less than three nor more than five in number for such purpose, in which case the persons so appointed, and the survivors and survivor of them, shall be trustees for such purpose ; and the said trustees may use the corporate name of the company in all proceedings necessary and pro- per in the settlement and prosecution of any claims or busi- ness, and the transfer and sale of any property of the com- pany. 10. And be it enacted^ That this act shall take effect im- mediately. Approved March 22, 1875. 162 PRIVATE LAWS. CHAPTER CLXXXI. An Act to incorporate the Gloucester City Printing and Publishing Company. 1. Be it enacted by the Senate and General Assembly GorporEtors. of the State of New Jersey^ That Frederick F. Pfieflfer, James P. Michellon and James E. Hays, and such other person or persons as may hereafter be associated with them by becoming stockholders as is liereinafter provided, and tlieir successors and assigns, be and they are hereby created and declared to be a body politic and corporate in fact and Corporate name i^ ^^^'i by the name of " The Gloucester City Printing and andpowere. Publishing Company," and by that name tl»ey and their successors and assigns shall have perpetual succession and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being an- swered unto in all courts of law and ecjuity in this state or elsewhere, and shall have power to make and use a common seal and the same to renew at pleasure, and shall have all the powers, privileges and franchises belonging to or inci- dent to a corporation in this state. Power*, etc. 2. And he it enacted^ That " The Gloucester City Print- ing and Publishing Company," hereby incorporated, and it* successors and assigns shall have power, and the said company is hereby authorized and empowered to carry on the^ business of printing and publishing book, newspapers, pamphlets, and binding the same, and of selling and dispos- ing of any and all such books, newspapers and pamphlet«^ and of purchasing and disposing of^ all such other books* newspapers, pamphlets and stationery as they may deem convenient and proper, and shall and may do and perform all manner of job work in all its branches, and shall be ca- pable in law of acquiring, leasing, hiring, purchasing, and taking in fee any lands, tenements, hereditaments and ap- purtenances, as well as any and all personal property, goods and chattels as the said company may find convenient and SESSION OF 1875. 153 proper in the carrying on the business hereby authorized and empowered to be carried on, and may mortgage and sell or otherwise dispose of any and all of its real estate and personal property, at such time and times as the said com- pany may determine. 3. And be it enacted, That the capital stock of said <^ap*tai stock. company shall be ten thousand dollars, divided into shares of fifty dollars each, witli the privilege of increasing the said capital stock to any amount not exceeding twenty thousand dollars, upon tlie vote of a majority of tlie shares of the stock of tlie company for such purpose ; wliich cap- ital stock shall be personal property and be transferable on the books of the company a3 the by-laws may provide. 4. And be it enacted, That the above named incorpora- ^.^j^^^jj^gj^^^^ tors shall be commissioners to open books and receive sub- ^^5^^^^ s'^^ scriptions in cash to the capital stock of said company, at»iription8. 8ach time and place, and upon such notice as they shall di- rect ; and at tlie time of subscribing for said stock, such amount on each share subscribed for shall be paid, satisfied or satisfactorily secured to said commissioners, as they or. a majority of them shall direct ; and the residue of the sub- scription shall be paid, satisfied or secured as the directors of the said company, when elected, may detennine ; in such instalments, at such times and places, and in such manner as said directors shall, from time to time, direct ; giving ten days' written notice of such time and place, and of such in- stalments to be paid to each stockholder personally, or left at his usual place of business or abode ; or by publishing the same in a newspaper published in the county of Cam- den, for two weeks, once in each week ; and upon the failure Failure to pay ^ . i.* i? i.1 instalments of any person or persons to pay, satisty or secure the pay- shares may bo ment of such instalments or any of them aforesaid, the di- forfeited. rectors shall be empowered to forfeit the share or shares of each and every person so failing, or any of them, to and for the use and benefit of said company ; and every share or shares of stock forfeited aforesaid, may be held by the said company, or any person or persons for its benefit, and may at any time be sold or disposed of for the benefit of the company, as the directors may determine ; or may be di- vided proportionately among the remaining stockholders, to be by them held and enjoyed, or sold and transferred with all the rights and benefits incident thereto, the same in all 154 PRIVATE LAWS. Meeting of stockholders to elect board of directors. Vacancy how filled. Wlio entitled to vote. Power to pur- «hase newspa- per, presses, etc, and to change name. respects as if they were original shares bv them subscribed. 6. And he it enacted^ That whenever two thousand dol- lars of the capital stock aforesaid shall have been subscribed and paid in cash, said commissioners, or a majority of them shall, as soon as they deem expedient^ give notice in such manner as they may determine of a meeting of the stock- holders, at such time and place, in the state of New Jersey, as said commissioners may designate, to choose not less than three nor more than five directors, who shall hold their oflSce for one year, and until others are dulv elected ; and at such meeting of stockholders, convened as aforesaid, said stock- holders shall prescribe the time and place for holding the annual election, and the number of directors of the said company ; which time, place and number of directors shall not be changed except at the annual election of said com- pany ; and the directors chosen at such meeting or at the annual election of said company, shall, as soon as may be after their election, choose from their number a president of said company, who shall hold his oflSce for one year, and until his successor is duly appointed ; and in case of the death, resignation or otlier incapacity of the president or any director of said company, the vacancy thereby created in the board of directors, may be filled by the remaining directors for the current year. 6. And he it enacted^ That at all elections by stockholders for officers of said company, and at all meetings of stock- holders, and upon all questions submitted to them, each stockholder shall cast one vote for each and every share of stock standing upon the books of said company in his or her name, which vote raav be cast either bv said stockholder in person or by proxy. 7. And he it enacted^ That it shall be lawful for the said " The Gloucester City Printing and Publishing Company " to purchase the newspaper now printed and published in Gloucester City, knovm as " The Gloucester City Reporter,'' as well as the presses, type, and all the materials and pei^ sonal property used in and about the printing and publish- ing the said newspaper, and shall have power to change and alter the said newspaper, and call it by such name as the company hereby incorporated shall determine from time to time, and to print and publish any and all such other news- paper or newspapers, and to purchase all and such other SESSION OF 1875. 155 presses, type and personal property from time to time as it may determine upon ; and it shall be lawful to publish in said newspaper any and all legal notices and advertisements required to be published ; nothing herein contained shall be construed to authorize the publication of the public laws therein. 8. And be it enacted^ That the board of directors of the Board of direo. eaid company shall have power to appoint a treasurer, sec-p^^"*J^^ retary, and such other agents and servants of the said com-»°r- poration for the accommodation of their business and con- cerns, of which it may bo necessary for the said corporation to acquire and hold for the purpose of receiving debts and powers. SESSION OF 1875. 176 which have become due to them in the regular buBincBs of said corporation ; j^^ovidedj that said real estate shall not Provino. exceed what may be necessary for the purposes mentioned, and no private lands shall be in any way injured or defaced without permission first obtained from the owner or owners thereof. 2. A^nd be it enacted^ That said corporation shall be em- Power to lav powered to lay down their gas pipes and to erect gas posts, aSd^eSect^iwrnp burners and reflectors in the streets, alleys, lanes, avenues, ^^^' public roads and grounds in the county aforesaid, and to do all things necessary to light the streets, buildings, manufac- tories, and other places as aforesaid, with gas; pi^ovided^^^^"^^^ tlie public travel shall at no time be unnecessarily disturbed bv the laying of such pipes or the erecjtion of said posts, aune liundred dollars each, and the said commissioners, or a niHJority of them, shall open books for this purpose, at such times in such place or places in the county of Warren as they shall designate by a public advertisement to be pre- viously inserted, for at least two weeks in a public newspaper printed in said county, and sliall continue the same open until the said capital stock shall be subscribed, or at tlieir discretion close the same after they shall be open two days, and again open the same at some other time or times, place or places, giving public notice thereof as aforesaid, and the Bnm of ten per cent, upon each share so subscribed shall be paid in cash or certified check by each subscriber at the time of subscription to said commissioners, or their duly ap- pointed agent, and each subscriber shall ^be entitled to re- ceive a certificate foi such stock from said cemmissioners, and the amount so received by said commissioners shall be paid over to the directors of said company to be appointed as hereinafter provided, and all the power of said commis- 176 PRIVATE LAWS. sioners Bball cease and determine on the appointment of such board of directors, and the said board of directors when so appointed shall have power, and they are hereby autliorized from time to time under the foregoing regulations to open books for the further subscription of stock imtil the whole stock subscribed amoimts to the sum of twenty-five thousand dollars, and are also authorized to call upon sub- scribers for the further payment of instalments in such siuns and at such times and under such forfeiture as they may deem expedient until the whole amount of such shares so ProTiso. subscribed sliall have been fully paid ; provided^ that no such instalment shall exceed twenty per centum upon each share, and that instalments shall be required within twenty days of the opening the subscription books. Affairs of com- 4. And he it enacted^ That the management of the con sgSfby board^cerns of Said company shall be vested in seven directors to of directors. ^ elected from the stockholders annually, five of whom shall be citizens of Warren county, and said directors shaD choose by a plurality of votes a president from among them- selves, and as soon as conveniently may be after the sum of twenty-five thousand dollars shall have been subscribed, the before-named commissioners, or a majority of them, shall convene the said stockholders by public notice, and notice in writing to their post office address to be given as afore- said, and at such time and place in the county of Warren as they shall designate in such notice to choose the first board of directors, who shall hold their office for one year from the said day of election, and until others are elected, and said board of directors shall by their by-laws appoint a day for holding the annual meeting of stockholders for the elec- tion of directors, and the said president and board of direc- tors shall hold their office from the day of election on which they were appointed, till the next annual election, and until others are elected, and public notice shall be given of the time and place of holding such election for ten days in a daily newspaper published in the county of Warren; and Vacancies in of- ^'^^ vacaucy in the board of directors may be supplied by flee how fined, appointments to be made by the board of directors until the next election, and all elections shall be by ballot of the stockholders or their proxies, allowing one vote for each share which they shall have held in his, her, or their names, at least fourteen days before the time of voting. SESSION OF 1875. 17.7 5. A?id be it enacted^ Tliat if at anytime an elecit ion Failure to elect 18 not held on the day appointed by the by-laws, this (50i-po- ration^m>rtabo ration shall not be dissolved tor that cause, but an election ^"***'^^^ shall be held in such manner as directed by the by-laws at any time within the year, and the former directors shall hold their office until their successors shall be appointed. 6. A?id be it enactedj That seven directors shall be aQu„ruiu quorum, or a majority of them shall be competent to trans- act all the business of sai'e power to forfeit the shares^ of each and every person so failing to pay the said instal- ments, or any of them, to and for the use of said company ; ProviBo. provided^ that if the number of shares subscribed for, shall exceed the number of shares authorized by this act, that the said commissioners shall apportion the said stock among* such subscribers in proportion to the amount or number of PioYiBo. shares l>v them subscribed for as aforesaid ; provided alsOy that the stockholders shall, upon request, have the right to SESSION OF 1875. 183 pay the Btock tubseribed, except the first instalment, by work or labor upon said road, under such reojulations, at such times and upon such notice by eitlier party, as tlie directors may determine; provided also^ tliat no stock- Prorim). holder shall pay for his instalments by labor for more than eight shares. 4. And be it etiactedy That if the number of shares h^'i*e-^'j^^^^^^°*^*'*«- inbefore made necessary for the incorporation of the said company, be not subscribed for within three years from tlie time of opening the said subscription bt>oks, tliis act, and all the subscriptions under it, sluill be null and void, and the said commissioners, after deductinij: thereout tlio ex- penses incurred, shall return the residue of the money paid in to the respective subscribers, or their representatives, in proportion to the sums paid in by tliem. 5. And be it enacted. That wlien fifty ^llarcs of said stock ^^^^iJ° ^^ ^^' shall be subscribed for, the said commis>ioners sludl call a meetini!; of tlie stockholders, lijivinj^ at least tw^Mity days' notice of the time and place of said meetin<^, as hereinbefore directed with repird to the op(ming of said books, at which nieeting the subscription books sliall be laid before the stockholders, who shall tlu?re;i})on proce° fu- shall regulate the tolls, and have the superintendence and direction of all receipts and disbursements, and all other affairs of the company, and may make and enforce snd ordinances and bv-laws as thev mav think expedient for regulating the transfer of stock, and for the general govern- ment of the company and management of its affaire ; provi- ded^ the same are not rei)ugnant to the c(mstitution and laws of this state or of the United States. 8. And be it enacted^ That at the annual meeting of the stockholders it shall be the duty of the president and direc*- tors of the preceding year, to exhibit to the stockholders, a full and complete^ statement of the affairs of the (*ompHnT during said term. 9. A nd be it enacted^ That specrial meetings of tlie stock- holders may be called by order of said president or three of tho directors, or liy the stockholders owning one-fourth of the whole stock of the <'ompany, by giving notice of the time and place of holding the same, as hereinbefore directed with regard to the annual meetings, which said notice shall specify the particular object of the meeting ; but that no business of the company shall be transacted at such special meeting unless a majority in value of the stockholders attend and concur therein, wlio may recjuire tlie books, accounts, and all other papers and proceedings of the com- pany to be e'xhibitee- given in writing, under the oath or affirmation of sorae engi- neer or proper agent of the company, and also the name or names of the occupant or occupants, if there l)e any, and of the owner or owners if known, and their residence if the same can be ascertained, to one of the justices of the supreme court of tliis state, or to one of the judges of the court of common pleas of the county of Camden, who shall cause said company to give notice thereof to the person interested, if known and in this state, or if unknown and out of thi^ state, to make publication thereof as he shall direct for anv term not less tlian twenty flays, and to assign a particular time and place for the appointment of commissitmei-s here- inafter 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 tliree disinterested, impartial and judicious freeholders, commissioners to exam- ine and appraise such lands and materials, and to assess the damages upon such notice to be given to tlie persons inte^ estcd, as sliall be directed by the justice or judge making such appointment, to be expressed therein not less than twenty days ; and it shall be the duty of said commissioners commissionera having first taken and subscribed an oath or affirmation be- etc.^andmaice ^'^^c some persou duly authorized to administer an oath or report. affirmation, faithfully to examine the matter in question, anii make a true report according to the best of their skill and understanding, to meet at the time and place appointed, anc SESSION OF 1876. 187 proceed to view and examine the said lands and materials, and to make a just and equitable estimate or appraisement of the value of tlie same, and assessment of damages to be paid by said liompany for such lands and materials and damages aforesaid, and to make a report thereof under the Lands and seals of said commissioners, or any two of them, and file the same within ten days thereafter, together witli tlie aforesaid description of the land or materials, and the appointments and oaths or afiirmations aforesaid in the clerk's office of the county of Camden to remain on record therein, and shall be re(torded by said clerk ; which report, or a copy thereof, certified by the clerk of said connty shall at all times be considered as plenary evidence of the right of said company to have, liold, use, occupy, possess and enjoy tlie said land or materials after the payment of the owners may m- value and damages so assessed, and of tlie right of the said i>f valuation, owner or owners to recover the amount of the said valuation, ^^' with interest and costs, in an action in any court of compe- tent jurisdiction, in a suit to be instituted against the com- pany if they shall neglect or refuse to pay the same for thirty days after demand made of their treasurer, and shall constitute a lien upon the property of tlie company in the nature of a mortgage ; and the said justice or judge shall tax and allow such costs, fees and expenses to the justice, commissioners, clerk and other persons performing any of the duties prescribed in this section, as he shall think equi- table and right, which in all cases shall be paid by the company. 14. A}id be it enacted^ That as soon as the said company May erect gate* shall have constructed said road in a workmanlike manner, toil, according to the several directions in the twelfth section, and the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates across said road, and to demand and receive toll for traveling ea(*h mile and all fractions over a half mile of said road, not exceed- ing the following rates, to wit : For every carriage, sleigh or sled, drawn by one beast, (»ne and one-half cents ; Rates of toil. For every additional beast, one and one-half cents ; For every horse and rider, or led horse or mule, one and one-half (^ents ; For every dozen of calves, sheep) or hogs, two cents ; For every dozen of horses, mules or cattle, six cents ; 188 PRIVATE LAWS. and it shall and may be lawful for the toll gatlierers tu ?top persons riding, leading or driving any horses, cattle, mnlei calves, sheep or hogs, or carriages of burthen or pleasure, from passing through the said gates, until they shall have Proviso. paid the toll as above specified ; provnTe(T^ that nothing ii this act shall be construed so as to entitle said company to demand or receive toll from anyone on the Sabbath day,«)r for horses, carriages, sleighs or sleds, caiTving any j)ersO» to or from any funeral, or any pei'son passing from any part of his farm to any other part of the same on the comnum business thereof. Shall erect mile ^^' -'^wrf he it € nci cted y TliHt before said coiupauv diall stones before rcccive toU for traveliufi: said road, thev shall cause inik recelyiQff toll. ^^ posts to l)e erected and maintained, one for each and evm mile on said road, and on each and every post or stone shaD be legibly and fairly marked the distance the said stone or post is from Berlin to Iladdontield aforesaid, and shall t-anrf to be fixed, and always to be kept up at the gates afore^aii in a conspicuous place, a printed list of toll wlii<'h mayl< lawfully demanded, and also a board on which shall I* painted, in large letters, ^' keep to the right, as the U« directs." pcDaity for de- 16. And be it euactedy That if any person shall wiltiillj 8toiie8,7njur7 break down, throw down or deface any of the mile posti? » passinjTgate*"^ crcctcd ou Said road, or wilfully tear down or deface any rf wHhout paying the printed rates of toll or directions, or shall cut, break down or destroy, or otlierwise injure, any gates, turnpikes or bridges that shall be erected pursuant to this act, or shall forcibly pass the same without having paid tlie legal toll , sleighs or sleds of every kind and description, *^^"°"°^ ^°"**' whether of burthen or pleasure, or persons on horseback, usini]: said road, shall keep their horses, carnages, sleighs or sleds, on the right hand of said road in the passing direc- tion, leaving the otlier side of the road free and clear for carriages or persons on horseback ; and if any person shall oti'-iid against this provision, such person shall forfeit and j)ay tlie sum of ten dollars, to any person who shall be ob- structed in Iiis or her j^assage, and will sue for tlie same, aiMJ shall also be subject to an action for damages for every sii« li offence, to be recovered with costs of suit. ItL And it he enacted^ That if said company shall not Proceedings kct'p said roads, bridges and railings in repair, it shall be bridSosVe^not th** resi(lent, or any of the directors of said company, s'J)ecify- ing parts i^omplained of, and after hearing the parties, if the c»oiiipany have not repaired said bridge, road or railing as Kpeeiiied, to appoint under his hand and seal, three judi- cious freeholders not interested in said road, being residents of said county and non-residents of the township through which the said road is located, who having been duly quali- iied and sworn to act impartially in the case shall proceed to view and examine the parts complained of, and report to said judge in writing, signed by them or any two of them, y wliether the said road is in such state as the law requires it to be kept ; and if the report be unfavorable to said road, tlien said judge shall immediately, under his hand and seal, in writing, order the keeper of the gate or part complained of to keep the said gate open until otherwise ordered, and it* said keeper, after service of a copy of said order upon him, shall, notwihtstanding the order of said judge to open said gates or turnpikes, exact toll of travelers, 190 PRIVATE LAWS. When to erect gates and to collect toll. the said company shall forfeit and pay twenty dollars for each offense, to be sued for by any person who shall prose- cute for the same in an action of debt, with costs of suit, and the said judge sliall be allowed for his services one dollar, and the persons appointed to view the road one dollar each, to be paid by the companj^, and u|K>n due proof before said judge that said company repaired or mended said road, bridge or railing in the particular com- plained of, he shall, by an order in writing under his hand and seal, directed to the toll gatherer, permit tlie gates ur turnpikes to be sliut and the toll to be collected as before, and the same fee to be allowed and paid as before directed; but if upon 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 fee sliall be allowed as before prescribed, and shall be paid by the person or person? making the complaint. 20. And be it enacted^ That when the said company shall have (completed any one mile of said road, according to the directions and true intent and meaning of this act, it shall be lawful for said company to erect a toll gate across said road, and demand and receive toll for traveling therei>n ascreeable to the fore^^oinff rates. 21. And he it enacted^ That this act shall be taken and construed to be a public act, and tliat the said corporation shall possess the general powders, and be subject to tlie re- strictions and liabilities contained in the general laws of this state concerning corporations. 22. And be it enacted^ That if the said road be not com- Smpiitfon'of ^ menced within three years, and completed within six yean road. from the passage of this act, that then and in that case, this act shall be void. Commissioners 23. And be it enactcd^ That the above commissioners, or and^r'ISerJe sub- a majority of them, are hereby appointed to open suhscrip- •criptions. tious to the Capital stock, at such times and places as thej, or a majority of them may direct ; giving notice thereof at least twenty days prior to the opening of said books, bj publishing the same in a newspaper in the county of Cam- den. 24. And be it enacted^ That this act shall take effect im- mediately. Approved March 25, 1875. Act how con- strued. Time for com- SESSION OF 1875. 191 CHAPTER CCXXII. An A<^t to itu^orporate the Highlands and Sea Bright Turn- pike Company. 1. Be it enacted by the Senate and General Assembly ^^rn^^^^^ of the State of New Jersey^ That the subscription books JJIJJ^'^J'J^i^^^^'J® of the capital stock of the Highlands and Sea Bright Turn- •^^'^jp capital pike Company sliall be opened by Edward M. Hartshorne, Thomas T. Kinney, Louis J. Phillips, Lemuel Smitli and Timothy M. Maxon, or a majority of them, who are hereby appointed commissioners to receive subscriptions to the said stock at such times and such places as they, or a majority of them, may direct, giving notice at least twenty days prior to the opening of said books, b}- publishing the same in at least two of tbe newspapers published in this state. ii. And be it enacted, That the capital stock of said com- ^''p*^*^ *^'^^- pany shall be ten thousand dollars, with liberty for the said company to increase tlie same to a sum not exceeding fifteen thousand dollars, and shall be divided into shares of twenty live dollars each, and that when eighty shares shall be sub- scribed for, the persons holding the same shall be and they are hereby incorporated into a company by tlie name of the *' Highlands and Sea Bright Turnpike Company," and by Corporate came tliat name shall have, enjoy and exercise all tlie rights, powers, and privileges appertaining to corporate bodies, and necessary to carry the objects of said (!ompany into effect. 3. And be it enacted, That at the time of subscribing for Pa7'°®°* ®f «aid stock, two dollars in cash shall be paid upon each share to oipitaut^^tt subscribed for to the commissioners, or any of them, which money shall be paid over to the treasurer of the company as soon as one shall be appointed, and the residue of the subscription shall be paid in instalments, at such times and at such places, and to such persons as the president and directors of the company shall from time to time direct or give public notice thereof in manner aforesaid, and upon failure of the payment thereof as so directed, the said presi- 192 PRIVATE LAWS. dent and directors hKhU liave power to forfeit the shares of eiieli and every person so failing to pav the said instalments, or any of them, to and for the nse of said (*ompany ; ProTiBo. provided^ that the tstockholders shall upon request have tlie right to pay the stoc^k sul)seribed for, except the tirst instal- ment, by work upon said road, under such regulations, at such time, anaid com- pany, be not subscribed for within three years from the time of opening the said books, this act and all the subsc-rip- tions under it shall be null and void ; aiul the saitl commis- sioners after deducting thereout the expenses incurred, sliall return the resiilue of the money paid in to the respective subscribers, or their representatives, in proportion to the sum paid in by them. Kiection of di- 5. And he it enacted yT\mt when eighty shares of saiJ "*^^"' stock shall be subscribed for, the said commissioners i^hall call a meeting of the stockholders, giving at leai^t twenty days' notice of the tinu* and place of said meetmg, as here- inbefore directed with regard to the opening of said lH>okN at which meeting the subscription books shall be laid before the stockholders, who shall tliereup^m proceed to elect by ballot, five directors, a majority of whom shall be citizea* (»f this state, to manage the affairs of said company for one year, of which election the said commissioners, or a nia]o> ity of tliem, shall be judges ; and at the expiration of that term, and annually thereafter, upon like notice, to be given bv the directors for the time beinty, the said stockholders shall elect by ballot the same number of directors, a maJO^ ity of whom shall ])e citizens of tliis state as aforesaid ; and at everv such election, and in all other cases in which the stockholders shall be entitled to vote, a vote may be given for each share of the liolder or holders thereof, either in person or by proxy. Ei3cUonof 6. Aiid be it enacted^ That within twenty days after the president. annual election as aforesaid, the' said directors shaD elect from among their number a president of their said company, who shall be a resident of the county of Mon- mouth, who shall hold his office for one year and until another shall T»e elected, and receive such compensation for SESSION OF 1875. 193 his services as a majority of tlie said directors shall direct, and shall be the presiding officer at all meetings of said directors, and shall have the casting vote when they shall be equally divided ; he shall liave charge of the seal of the company, and shall appoint the judge or judges of all elections of stockholders, or in case of his death, absence or inability so to do, the said directors shall appoint some other suitable person, who, for the time being, shall possess the same powers and authority, and peform all duties herein prescribed. 7. A7id be it e?iactedj That the said directors or a ma- (jenerai powers jority, may supply any vacancy in tlie interval between the °^ d^»^^"- annual elections, by deatli, resignation, removal or refusal to act of an}' president or director, and may appoint a treasurer, who shall be a citizen of this state, and a resident in the county of Monmouth, and all officers, agents, super- intendents and other servants that may be required to transact tlie business of the company, witli sucli compen- sation as they may determine upon, and may exact from them such security for the due performance of their re- spective trusts as they may tliink expedient ; they shall regulate the tolls, and have the superintendence and direc- tion of all receipts and disbursements, and all other affiiirs of the company, and may make and enforce sucli ordi- nances and by-laws as tliey may tliink expedient for regu- latins: tlie transfer of stock, and for the ijjeneral govern- ment of the company and management of its affiiirs ; pt'ovl-'ProyiBo, (led^ that the same are not repugnant to the constitution or laws of this state or of the United States. 8. And be it enacted. That at the annual meeting of the ^^°t"f^-5^*^4g stockholders it shall be the duty of the president and direc- tors of the preceding year, to exhibit to the stockholders, a statement of the affiiirs of the company during said term. 9. And be it ^nac^^r/. That special meetings of the stock- specui meet- holders may be called by order of said president or two*°88. of the directors, or by the stockholders owning one-fourth of the whole stock of the company, by giving notice of the time and place of holding the same, as hereinbefore directed with regard to the annual meetings, which said notice shall specify the particular object of the meeting ; but that no business of the company shall be transa(;ted at such special meeting unless a majority in value of the stockholders 13 L 194 PRIVATE LAWS. Not to be dis- tolved bT rea- son of failure to hold election. May construct and make turnpike road. Proviso. Proviso. Width of road and how con- structed. attend and concur therein, who may require the books, accounts, and all other papers and proceedings of the com- pany to be exhibited to them by the president and directors. 10. And be it enactedy That if from any cause any elec- tion hereinbefore named shall not be had at the time speci- fied by this act, the same may be made at any other time on notice as aforesaid, and that until such election be had the officers of the preceding year, sliall continue to hold their respective offices until others be elected in their stead; and that this charter shall not be defeated or avoided bv reason of the irregularity or want of such election. 11. And be it enacted^ That it shall and may be lawfiil for the said company to construct and make a turnpike road from the Highlands Station, on the Long Branch and Sea Shore Kailroad, in the county of Monmouth, to Sea Bright Station, on the said railroad, in the same county, beginning at a stake standing one hundred feet south of the easterly abutment of the Navesink Bridge at the Highlands, and ending at the easterly abutment of the bridge across the Shrewsbury river at Sea Bright ; 2^^*oi'idedj That before the said company shall construct the said turnpike road afore- said, they shall pay to the respective owners of the lands over which the said highway, selected for constructing the said turnpike upon, now passes, all damages which the said owners may sustain, by reason of the construction of the said turnpike road ; and in case the said company and any of the said owners cannot agree upon the amount of the said damasres, then the said dama2;es shall be ascertained and determined as nearly as may be in the manner herein- after provided for, for ascertaining and determining the damage which any land owner or owners shall sustain by the taking of stone, gravel, or otlier materials from liis or her land, for the constructing or maintaining of said turn- pike road; provided^ also^ that the said company shall have power to take only the right of way over the lands whereon the said road is to be constructed, paying damages whidi the owners may sustain thereby, and the commissioners hereinafter named, if appointed, shall have power to assess damages for the right of way only. 12. And he it enacted^ That the said turnpike road shall be constructed at least twenty-five feet in breadth along the middle, as near as may be, of the said highway, and shall SESSION OF 1875. 195 be sufficiently arched and drained to make and keep the «anie dry, and at least sixteen feet thereof shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon ; and the said company shall make good and sufficient bridges along Bridge to be the line of said road, not less than fourteen feet in breadth ; kep'u™ rel^r* and whenever the said road in passing over low ground shall be raised so much at the margin or side as to render car- riages passing thereon liable to overset, the said company shall cause railings to be erected and maintained on the sides, so as to prevent horses and carriages from running off. 13. And be it enacted, That it shall be lawful for said uSs^^id to'^" company, their officers, superintendent, engineers and JJroSgho'?* workmen, with carts, wagons and otlier carriages, and witli "cross the beasts of burthen and draught, and all necessary materials, tools and implements, to enter upon all lands contiguous or near to the route of said road, doing as little damage thereto as possible, repairing any breach tliey may make in the enclosures thereof, and to make all ditches and under- drains across and through such lands necessary for properly draining said road, and that when said company or its agents Proceedings cannot agree with the owner or owners of such required Tnd own?ra*°^ land or material for the use or purchase tliereof ; or when JJ^Jni 5f ml^ by reason of the legal incapacity or absence of sucli owner Aerials required or owners, no such agreement can be made, a particular description of the land or materials so required for the use of said company in the construction of said road shall be given in writing, under the oatli or affirmation of some engi- neer or proper agent of the company, and also tlie name or names of the occupant or occupants, if tliere be any, and of the owner or owners if known, and their residence if the same can be ascertained, to one of the judges of the supreme court of this state, or to one of tlie judges of the court of common pleas of the county of Monmouth, wlio shall cause said company to give notice thereof to the parties interested, if known and in this state, or if unknown and out of this state, to make publication thereof as he shall direct for any term not less than twenty days, and to assign a particular tinae and place for the appointment of commissioners here- inafter named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, a intmentof he shall appoint under his hand and seal three disinterested comm£fcion°r?. 196 PRIVATE LAWS. impartial and judicious freeholders, commissioners to exam- ine and appraise said land or materials, and to assess the damages upon notice to be given to the persons interested, as shall be directed by tlie justice or judge making such appointment, to be expressed therein not less than twenty days ; and it sliall be the duty of said commissioners hav- ing iirst taken and subscribed an oath or atHrmation be- fore some person duly autliorized to administer an oath or affirmation, faithfully to examine the matter in question, and make a true report according to the best of their skill and understanding, to meet at tlie time and place appointed, and commiMioners proceed to view and examine the said lands or materials mate assess- and make a just and equitable estimate or appraisement ^"and report" of the valuc of the same, and assessment of damages to Ik? the same. p^^j^j ]^y gj^jj compauv for sucli land and materials and damages aforesaid, and to make a report thereof under the hands and seals of the said commissioners, or any two of them and file the same within ten days thereafter, together with tlie aforesaid description of the land or materials, and the appointment and oaths or affirmations aforesaid in the clerk's office of the county of Monmouth, in which the said land or materials may be, to remain on record therein, and shall be recorded by the clerk ; w^hicli report, or a copy thereof, certified bv the clerk of said countv shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the said land or materials after payment of the value and damages so assessed, and of the right of said owner cover amSunr" ^^ owners to recover the amount of said valuation, with «tc- interest and costs, in an action in any court of compe- tent jurisdiction, in a suit to be instituted against the com- pany if they shall neglect or refuse to pay the same for twenty days after demand made of their treasurer, and shall constitute a lien on the property of the company in the nature of a mortgage, and payment of which said asseser ment shall be made to the owner or owTiers, or persons en- titled to receive the same, or to the clerk of the eoiut of common pleas of Monmouth county, whenever the judge appointing the commissioners shall so order ; and the said justice shall tax and allow^ such costs, fees and expenses to the said justice, commissioners, clerks and other persons performing any of the duties prescribed in this section, as SESSION OF 1875. 197 he shall think equitable and right, which shall in all cases be paid by the said company. 14. And be it enacted^ That as soon as the said company ^^ ^^^^ ^^ shall have constructed said road in a workmanlike manner, and demand according to the several directions in the twelfth section, and the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates or a turn pike across the said road, not exceeding two in number, and to demand and receive toll for traveling each mile and all fractions over half a mile of the said road, not exceeding the following rates, to wit : For every carriage, sleigh or sled, drawn by beast, two Rates of toil. and one-half cents per mile ; For every additional beast, two and one-half cents per mile ; For every horse and rider, or led horse or mule, one and one-half cents per mile ; For every dozen of calves, sheep or hogs, twelve cents per mile ; For every dozen of horses, mules or cattle, twelve cents per mile ; And it shall and may be lawful for the toll gatlierers to stop persons riding, leading or driving any horses, cattle, mules, or calves, sheep or hogs, or carriages of burtlien or pleasure, from passing througli the said gates or turnpikes, until they fihall have paid the toll as above specilied; provfcTerT^ thatProvUo. nothing in this act shall be so construed as to entitle the said company to demand or receive toll of or from any person passing to or from public worship on the Sabbath day, or liorses, carriages, sleighs or sleds, carrying persons to or from a funeral, or any person passing to or from his common busi- ness on his farm. 15. And be it enacted, That before the said company shaii erwt miio shall receive toll for traveling said road, they shall cause receiving tou. mile stones or posts to be erected and maintained, one for each and every mile on the said road, and on each stone or post shall be fairly and legibly marked the distance the said stone is from the Highland Station, and shall cause to be lixed, and always to be kept up at the gates or turnpikes aforesaid, in a conspicuous place, a printed list of the rates of toll which may be lawfully demanded, and also a board on which shall be painted, in large letters, " keep to the right, as the law directs." 198 PEIVATE LAWS. Penalty for de- 16. And be it enacted. That if any person shall wilftillT rtw2Bor*iSjury break down, throw down or deface any of the mile stones or to property, posts SO erected on the said road, or wilfully tear down or • deface any of the rates of toll or directions, or shall cut^ break down or destroy, or otherwise injure, any gates, turnpikes or bridges that shall be erected pursuant to this act, or shafl forcibly pass the same without having paid the legal toll at such gate or gates, or turnpikes, such person or persons shall forfeit and pay the sum of twenty dollars, besides being sub- ject to an action for damages for the same, to be recovered bj the said company by action of debt, or other proper action in any court of competent jurisdiction, with costs of suit, and if any person with his or her carriage, team or horses, turn off the said road to pass a gate or gates, on private grounds adjacent thereto, and again enter on the said road with intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay three times as much as Uie legal toll would have been for passing through said gates, to be recovered by said company for the use thereof in an action of debt, with costs of suit. Penalty for de- 17. And be it enacted, Tlmt if any toll gatherer shall y ng rave ers mjjj^^gggj^j.yy delay or hinder any traveler passing at any of the gates and turnpikes, or shall receive more toll than is by this act established, the said company shall, for every such offence, forfeit and pay the sum of twenty dollars, with costs of suit, to be prosecuted by, and recovered for the sole use of the person so unreasonably hindered or defrauded. Penalty for ob- ig. And bc it enacted. That all the drivers of the car- •tructing road. . i-v iji? i-j jj •^• riages, sleighs or sleds of every kind and description^ whether of burthen or pleasure, or persons on horseback^ using the said road, shall keep their horses, carriages, sleighs or sleds, on the right hand of said road in the passing direct tion, leaving the other side of the road free and clear for carriages or persons on horseback ; and if any person shall offend against this provision, such person shall forfeit and pay the sum of ten dollars, to any person who shall be ob- structed in his or her passage, and will sue for the sazne^ and shall also be subject to an action for damages for every such offence, to be recovered with costs of suit. Proceedings ^^' ^^^ ^^ ^^ enacted, That if the said company shall when roador not keep the Said road and bridges in repair, and complaint kept^ repaS? thereof shall be made to any judge of the court of common SESSION OF 1875. 199 pleas of the county of Monmonth, who may be disintereBted, the Baid judge shall immediately appoint by writing under his hand and seal, three disinterested freeholders of said county, which three persons or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, nearest to the bridge or the part of the road out of repair, shall meet at such time and place as tlie said judge may appoint, and having taken an oatli or affirmation to act im- partially, shall proceed to view and examine the said road so complained of, and to report to the 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 re- quires it to be kept ; and if the report be unfavorable to the said road, the said judge shall immediately in writing under his hand and setil, order the keeper of the said gate or turnpike to keep the same open until otherwise ordered, and il* the said keeper shall, notwithstanding the order of the said judge to open the said gate or turnpike, exact toll of travelers, the said company shall for each offence forfeit and pay twenty dollars, to be sued for by any person who will prosecute for the same in an action of debt with costs of suit ; and the judge shall be allowed for his services fifty cents, and the persons appointed one dollar each, to be paid by tlie company ; and it shall be the duty of the persons so appointed, or a majority of them, on application of said cx)mpany again to view the road, and report as aforesaid their opinion to the said judge who shall, if autliorized by the report of the said persons, or any two of them, by license under his hand and seal, directed to the toll gatherer, per- mit the gates or turnpikes to be shut and the toll to be col- lected as before, and the same fee shall be allowed and paid as before directed, but if on the lirst view, as before men- tioned, the report of the persons appointed shall be in favor of the company, the same fee shall be allowed as before prescribed, and paid by the person or persons making the complaint. 20. And be it enacted^ That when tlie said company when to erect shall have completed any two conse(*.utive miles of said road, maSitoU.*^ according to the directions and true intent and meaning of this act, it shall be lawful for said company to erect a toll gate across the said road, and demand and receive toll for travelling thereon, agreeably to the foregoing rates. 200 PRIVATE LAWS. Genorai powers 21. And be it enactecfy That the corporation hereby created shall possess the general powers and be subject to the general restrictions and liabilities set forth in the act entitled "an act concerning corporations," approved Feb- ruary fourteentli, eighteen hundred and forty-six, and supple- ments thereto, so far as the same are applicable. 22. And be it enacted. That tliis act shall take effect im- mediately. Approved March 25, 1875. CHAPTER CCXXIII. An act to incorporate the Triton Boat Club, of Newark, in the count V of Essex. Names of cor- 1- Be IT ENACTED bt/ the Semite and General AssemUy porators. ^^ ^^^ ^^^^^ ^^f jyr,^ Jersey, Tliat John Brisbin, William A. Halsey, Alfred H. Gibbs, Alexander Eagles, Jr., William F. Coulter, William C. Farmer, W. A. Brintzinglioffer, Jr., William C. Mver, Samuel A. Smith, Frederick Townleyand such other persons as now are or may be hereafter connected with them, are hereby constituted a body corporate, by the Corporate name name of the " Triton Boat Club, of Newark," Essex countr, for the purpose of engaging in and promoting tlie healtlifiJ and manly exercise of rowing. May hold, pur- 2. And be it enacted. That the said corporation shall be Giiasc iGasc and convey real and capable in law to hold, by donation, purdiase or otherwise, persona estate. ^^ ^ ^^^^ ^^ leasc and convcy from time to time, real and personal estate, in value not to exceed the sum of ten thou- sand dollars, so far as the same may be needed, for the pur- pose of carrying out the objects for which the said associa- tion is incorporated. Power to make ^- -^^^ ^^ ^^ enacted, Tliat the said corporation shall by-laws, etc. have the power to make and adopt a constitution, by-laws and regulations for the admission, suspension and expidsion of its members, and their government ; the election of its SESSION OF 1875. 201 officers and to define their duties ; and from time to time mav alter or repeal the same, and in their corporate name may institute suits for the recovery of all tines, debts, fees, dues and arrearao^es due the said coi-poration. 4. A7id be it ejiactedj That this act shall take effect imme diately. Approved March 25, 1875. CHAPTER CCXXIV. A Supplement to an act entitled " An Act to Incorporate the Jersey City Board of Grain Weighers and Measur- ers," approved April fourtli, one thousand eight hundred and seventy-one. 1. Be IT ENACTED iy Md A^^na^e aiid Ge7ieral Assembly Authorizod to of the State of New Jersey, That the act entitled " An siocTand^RlSl Act to incorporate the Jersey City Board of Grain Weigh- ^*^' "^ tii^ctors ers and Measurers," approved April foiu'th, one thousand eight hundred and seventy-one, be and the same is hereby so amended as to authorize the increase of the capital stock to a sum and in an amount not exceeding: one million dollars, and the number of directors not to exceed nine persons, who shall be citizens of the United States. 2. And he it enacted^ That so much of tlie said act as Kepeaier. conflicts with the above amendment is hereby repealed. 3. And be it enacted^ That this act shall take eftect imme- diately. Approved March 25, 1875. 202 PRIVATE LAWS, CHAPTER COXXV. An Act to incorporate the Atlantic City Water Company. 1. Be rr enacted by the Senate and General AsserrMy Names of of the State of New Jersey, That Walter D. Bell, A. J. corporators. ^j^^cUo, Lcwis Reed, Jr., Jacob Keim, William Maseey, John Lncas, Henry H. Diston, Enoch A. Doughty, Thomas H. Dudley, and their associates, and all other persons wha shall become subscribers to the capital stock hereby created, and their successors, shall be and they hereby are incor- porated into and made a body corporate and politic, in fact Corporate name and in law bv the name of "the Atlantic City Water Com- pany." 2. And be it enacted, That the capital stock of the said Capital stock, company shall be one liundred thousand dollars, with liberty in the board of directors of said company, by the consent of a majority in value of the stockholders thereof first had and obtained, at any time or times to increase the same to any sum not exceeding two hundred thousand dollars ; and that the said capital stock shall be divided into shares of one hundred dollars each ; and shall be deemed personal prop erty ; and shall be transferable in such manner as the by- laws of said company sliall direct ; and shall be paid by the Instalments stocklioldcrs, in such installments, at such times and places, how paid. ^^^ ^^ e^xi^Yi person or persons, as the board of directors may appoint, giving at least thirty days' notice of the time, place and amount of any installment required to be paid ; and any stockholder shall incur a forfeiture of his or her shares of stock, and all previous payments thereon, to the use of said company for a neglect or refusal to pay any installmeiit thereon wlien required to be paid as aforesaid. Commissioners 3. And be it enacted, That the above mentioned eoi^ and reoeRjsub- porators, or a majority of them, are hereby appointed com- ^iufut^k niissioners to receive subscriptions to the capital stock of said company, and for that pui-pose they, or a majority of them, are liereby authorized to open a book or books of sabscrip- 'BES8IO!» OF 1875. 203 tion to said capital stock at Biich times and places as tliey, or a majority of them, may think proper, in the county of Cam- den or Atlantic, in this state, giving such notice thereof by pub- lication in a newspaper or newspapers printed and published in either of said counties as they, or a majority of them, shall think proper, and that at sucli time or times and place or places they, or a majority of them, shall attend and re- ceive subscriptions to said capital stock, and sliall receive, at the time, five dollars on each share subscribed for. 4/ A nd be it enacted. That whenever there shall have been Election of di- five hundred shares of said stock subscribed for, and twenty- five hundred dollars paid thereon, as aforesaid, the said com- missioners, or a majority of them, shall call a meeting of the stockholders of, or subscribers to said stock, at some time and place in either of said counties, for the purpose of elect- ing the first board of directors and organizing said company, of which election the said commissioners, or a majority of them, shall be the judges, and shall give at least two weeks public notice thereof, designating the time and place, in two of the newspapers printed and published in said counties ; and at said meeting the stockholders shall proceed to elect by bal- lot seven directors, who sliall hold their offices for one year, and until others shall be elected in their stead ; and each stockholder, at such election and at all future elections, shall have one vote for each share of stock held by him, and may vote either personally or by proxy. 5. And be it enacted^ Tluit at the close of said election Kiection of the commissioners holding the same, or a majority of them, p"^®*^^^"'* ®**^' shall certify the result thereof to the persons chosen, who shall thereupon become the directcrs of said company, and shall then, or as soon as conveniently may be thereafter, con- vene and organize by electing from their number a president of said company for the ensuing year, and by appointing a secre- tary and treasurer and such other officers as they may think proper ; and upon such organization, or at any subsequent time when required, the said commissioners shall deliver and pay over to said board of directors, or to their order, the subscription book or books, and all moneys received by them thereon, less the proper expenses of said commissioners in the pertbrmance of their duties aforesaid. AiWrBtobe 6. And be it enacted, That the aifairs of said company managed by shall be managed by a board of seven directors — those to™. ^ "**" 204 PRIVATE LAWS. chosen as aforesaid being the first — a majority of whom shall be a quorum for the transaction of business, but a less num- ber shall have power to adjourn ; and should a vacancy at , . any time occur in the board of directors, bv death or other- VftCftDClGS bow *' ' •• fliied. wise, the board may, at any subsequent meeting, till such vacancy until the then next annual election of directors; and no person shall be a director but a stockholder. Annual eiec- 7, A?id be it enacted j That tliere shall be an annual election of directors, at such time and place, and upon such notice as shall be ordained by the by-laws ; and the boaird of directors shall appoint the judge or judges of such elections; but if it should happen that an election of directors should Failure to elect not be had at the time and place so ordained the said com- Gi rectors. ^ Corporation pauy shall not from that cause be dissolved, but an election solved. ^ "" of directors may be held at such other subsequent time and place as the board of directors 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 elect from their number a president of said company, to serve until tlic next annual election of directors, and another shall be elected in his stead ; the president of the company shall preside at all meetings of the board, except, when aJ)- eent, any other director may be diosen president, pro tem- pore ; and all stated meetings of the board shall be at such times and places as tlie by-laws may ordain, but special meetings may be held by appointment of the board, or upon call of the president. r»no«* ^r «, ^, And be it enacted. That the obiect of the said com- Objects of com- 111 -i pany to supiiiv pauy sliall be to furnisli to the inhabitants, residents and city etc with * •' ... water. ' visitors of Atlantic Citv, in the coiintv of Atlantic, in this state, a sufficient and fall supply of pure, fresh water, at all times, for drinking and culinary purposes, and for the ex- tinguishment of fires, tlie cleansing and watering of the streets and highways of said city, and for other uses in said city, from any of the rivers, creeks, springs, and other sources of fresh water in the said countv of Atlantic ; and for that purpose it shall be lawful for the said company, by its officers, engineers, agents and other servants, at all times, lanSa^and"'*^"*'^ ^^^^^ upou any lauds or waters in said coimty, and to waters and to survcv, cxplorc, scarcli for, examine, measure, and test all make survey?*, i^ i /• .i» €tc. such waters and sources oi water, doing no unnecsssary SESSION OF 1875. 205 damage to the owners of such lands, waters, and sources of water ; and it shall be lawful for said company to pur- chase, procure, and hold any lands in said county, and any power to pur- estate, corporeal or incorporeal, in such lands necessary or Jo ^Qivertfuk^ proper to effect the aforesaid obiect of said company; and a"<^ "»« «^»^a>"« X JL o X »/ ' yprinffs etc. also for that object to purchase, procure, divert, take and use any of the streams, springs, and other sources of water in said county, and the waters thereof; and to divert and drain the said streams, springs, and other sources of water, and the waters thereof, in, across, and over the lands which intervene their natural locations, to any artificial reservoirs or l>ixsins which said company may think proper to construct ; and also, by any artificial means that may be necessary or proper to elevate, divert, carry, flow, or drain the water from such reservoirs or basins, by pumps, engines, canals, ditches, pipes, or other acqueducts through, over, or across any intervening lands or streams, to and into said Atlantic Ciry ; and it shall be lawful for said company having pro- fiu'cd, obtained, conveyed or introduced a supply of water to or for said city, or made suitable and sufficient arrange- May uy pipes nit'i.ts for that purpose, to lay pipes for conducting the Lnd^o^e^^•t'fire w.-iter in, along aud beneath the surface of the public streets, ^'*""^''- Lilies and highways of said city, free of all charge, by, or on the part of said city, and to place such hydrants and fire phii^s as may be necessary or proper for furnishing water to said city for the extinguishment of fires, and cleansing and >vatering the streets of said city, upon such terms and con- siderations as may be agreed upon between said company and said city ; and said company shall have power without compensation to said city, from time to time, as re- <|iiired, to tap the main pipes and place and run all branch pipes therefrom, to the houses and other places along said streets requiring the use of said water ; always, however, restoring the streets, lanes, and liighways broken up for that purpose to the condition, as nearly as may be, in which they were before being so broken up. 9. And de it enacted. That whenever said company can- ^'o«^««^*°R» *° .1,1 ., 1-1 ^^'^^ company not agree with the owner or owners ot any lands, or estate and owners; in lands, or for the diversion, taking, and using any of the to^andiftlken ' streams, springs or sources of water required by said com- ^J'**®"®*^"*^' pany to carry its object into eflfect ; or, when by the legal incapacity or absence of such owner or o^vners no such 206 PRIVATE LAWS. agreement can be made, a particular description of the lands, or estate in lands, or of the waters requii^ to be diverted, taken and used for such object, shall be given in writing under the oath or affirmation of some engineer or agent of said company ; and, also, the name or names of the occu- pant or occupants, if any there b^, and of the owner or owners, if known, and of their residences, if the same can be ascertained, to one of the justices of the supreme court of this state ; and upon delivering such description and affidavit to such justice, said company shall make applica tion to him to assign a particular time and place for the appointment of commissioners as hereinafter stated, wlio, thereupon, shall assign such time and place, and cause said company to give notice to the said persons interested, of the said application, and the time and place assigned by said justice for the appointment of said commissioners, if the said persons be known and in this state, or, if unknoAvn, or out of tins state, to make such publication thereof as said justice sliall direct, for a term not less than ten days, at which time and place, upon satisfactory evidence to him of the proper service or publication of such notice, he shall appoint, under liis hand and seal, three disuiterested, impar- tial, and judicious freeholders, resident in said county of Atlantic, to examine and appraise the said lands, or estate in lands, or waters, required to be taken, diverted, and used, and to assess the damages by reason thereof, upon such notice to be given to the said persons interested and said commissioners, as shall be directed by the justice making such appointment to be expressed therein, and not less than ten days, and it shall be the duty of said commissioners, CommiasLonera (having first taken and subscribed an oath or affirmation, ^r^s^^en^of bcforc somc pcrsou duly authorized to administer an oath, k »n^knd^*make faithfully and impartially to examine the matter in question* xjport. and to make a true report, according to the best of their skill and understanding,) to meet at the time and place appointed, and proceed to view and examine the said lands, or estate in said lands, or the said waters required to be diverted, taken and used, and to make a just and equitable appraisement of the value of the same, and an assessment of damages to be paid by said company for such lands or estate in such lands, or for the diverting, taking and u^ng of such waters, as aforesaid ; which report shall be made in SESSION OF 1876. 207 writing, under the hands and seals of the said commissionerB, •or any two of them, and filed within ten days thereafter, Mrith the aforesaid description of said lands or estate in said lances, or said waters required to be diverted, taken and used 416 aforesaid, and the appointment and oaths or affirmations :aforesaid, in the clerk's office of said county of Atlantic, to remain of record therein ; and thereupon, and on payment •of the amount awarded as aforesaid to the said persons in- terested, or on tender of such payment to them, if known and resident in this state, or if unknown, or not resident in t;his state, on payment of said amount for tliem, to the clerk •of said county under the direction of the court of common pleas of said county, the said company is hereby empowered to enter upon and take possession of the said lands or estate in Baid lands, or to divert, take and use said waters, for the purposes aforesaid ; and the said report, or a copy thereof, oertilied by the clerk of said county, and proof of payment, or tender of payment of the amount awarded as aforesaid, sliall at all times be considered as plenary evidence of tlie right of said company to have, hold, use, occupy, possess and en^oy the said lands, or estate in lands, or said waters a>8 aforesaid : or of said owner or owners to recover the ^ ... 1 1 . . 1 . 1 . . Owners may a.mount oi said valuation with interest and costs, m an action recover amount of debt or other proper form ot action in any court of com- action™**^ ^ petent }urisdiction, in a suit to be instituted against said company if it shall have omitted to pay or tender payment of the same as aforesaid, and shall neglect or refuse to pay the same for twenty days after demand made of its treas- urer ; and such amount until paid or tender of payment as Aforesaid, shall from time to time constitute a lien upon the property of said company in the natui e of a mortgage ; and the said justice of the supreme court shall on application of either party, and on reasonalile notice to the others, tax, and allow such costs, fees, and expenses to the justice of the supreme court, commissioners, clerks, and other persons per- forming any of the duties prescribed in this section as he shall think equitable and right, which shall be paid by said company. 10. Jlnd he it enacted^ That the said company may rent. May rent, seii, sell and dispose of the water, to be procured, obtained or waten"^* **' conveyed, by its pipes and other apparatus, to and for said Atlantic City, at such prices, and under such regulations, 208 PRIVATE LAWS. Dividends, how ninde. Annual state- ment to be made. May borrow riioiu'v and se- cure the .same by bonds or mortgage. Camden and Atlantic Rail- road Company may guarantee the payment of bonus, etc. Penalty for in- juring works. and upon sucli terms and conditions as it may, by itfi laws, from time to time, regidate and adopt. 11. And be it enacted j That dividends of so much of the profits of said company, as shall appear advisable to its board of directors to be declared, shall be made and paid to the stockholders semi-annually, at such stated periods as the said board shall determine ; and, at each annual meeting of the stockholders for the purpose of an election of directors, it shall be the duty of the president and directors of the preceding year to exhibit to the stockholders a full and com- plete statement of the afiairs of the company during the past year, and shall produce the books, accounts and papers, of the company if required by any stockholder or stock- holders of said company. 12. And be it e?iacied, That said company, at any time or times, shall have power to borrow money not exceeding one hundred and fifty thousand dollars, and to secure the same by bond or bonds or other evidences of debt, bearing interest not exceeding seven per centum per annimi, payable half-yearly, and by a mortgage or mortgages upon its prop- erty, franchises and privileges, in such form and with su<*h covenants as it, said company, may deem expedient, and that it shall be la^iul for " Tlie Camden and Atlantic Kail- road Company," by the consent of a majoritj' in value of its stockliolders, given at any public meeting of said stock- holders called for the purpose of considering the same, to guarantee the payment of the said bond or bonds or other evidences of debt and the interest thereon. 13. And be it enacted^ That if any person shall wilfully and maliciously injure any of the works or property of said company, he or they shall forfeit and pay therefor to said company double the amount of damages, to be recovered in an action of tresspass or other proper form of action in any court of competent jurisdiction. 14. And he it enacted^ That this act shall take effect im- mediately. Approved March 25, 1875. SESSION Of 1875. 209 CHAPTER CCXXYI. An Act to incorporate the New Jersey and New England Telegraph Company. 1. Be rr enacted hy the Senate and General Assembly Gotpontor% of the State of New Jersey^ That Samuel Hopkins, Wm. H. Heiss, Joseph B. Cornish, John A. Wright, William Hutchison, Richard N. Herring, John M. Wyckoff, and such other persons as may hereafter Ijecome associated with them in the New Jersey and New England Telegraph Company^ their successors and assigns, shall be and are hereby made and constituted a body politic and corporate, for the pur- pose of making, using, and maintaining telegraph lines and communications through the counties of Hudson, Bergen, Essex, Union, Middlesex, Mercer, Monmouth, Ocean, Bur- lington and Camden, by the name, style and title of " The aS?*^^,?.*"* New Jersey and New England Telegraph Company," and by that name, style and title shall have perpetual succession, and all the privileges, franchises, and immunities incident to a corporation, may sue and be sued, plead and be im- pleaded in all courts of justice, may purchase, receive, have, hold and enjoy to them, their successors and assigns all such lands, tenements, and hereditaments, goods and chattels, and estates, real, personal and mixed, of what kind and quality soever as may be necessary for the purpose of the said cor- poration, and the same from time to time may sell, convey, mortgage, encumber, charge, grant, lease, alien, and dispose; to make dividends of such portions of their profits as they may^ deem proper, and also to make and have a common seal, and the same to alter and renew at pleasure, and also to ordain, establish, and put in execution such by-laws or ordinances, rules and regulations as may be necessary or convenient for the government of the corporation hereby created, not being contrary to the constitution and laws of the United States, or of the state of New Jersey, and generally may do all and singular the matters and things which to them shall lawfully 14 210 PRIVATE LAWS. Proviao. Proviso. appertain to do for the well being of the said corporation, and the management and ordering of tlie affairs and business of the same ; provided^ that nothing herein contained shall be so considered and construed as to give to the said corporation any banking privileges or franchises, or any privileges or franchises but such ^ may be necessary or belong to the making, using or maintaining the said telegraph lines and the connections it may form for the advancement of its in- terests. Capital stock. 2. And be it enacted^ That the capital stock of the cor- poration shall be fifty thousand dollars, divided into shares of twenty-five dollars each, certificates of whicli sliall be signed by tlie president and countersigned by tlie secretary, and sealed with the common seal ; whicli stock shall be transferable in person or by attorney, executoi-s, administra- tors, guardians, trustees, or officers, under such regulations as may be provided by the by-laws ; jrrovided^ that if the business of the corporation shall require any additional \vire or wires, that the stockholders shall at any regular or special meeting convene for that purpose, of which three weeks' notice shall have been given in one or more of the public papers of the county or counties through which the line passes or is intended to pass, have the right to increase the capital stock, if found necessary, to any amount not exceed- ing two hundi'ed and fifty thousand dollars. 3. And he it enacted^ That the said corporation shall have power to purchase, make, use and maintain any connecting or side lines ; provided^ that no connecting or side lines not purchased or made by the said company shall be used by them, unless the consent of the owners shall first be ob- tained in writing ; and the said corporation shall have power to lease its own lines and telegraphic property to other parties or corporations, or lease from other parties or corpo- rations their lines and other telegraphic property. 4. A nd he it enactedy^ That the persons named in this act, or any four of them, shall call a meeting within six months from the passage of this act, of the corporate body hereby created, giving tliree weeke' notice of the time and place of holding the same in at least two newspapers of this state, for the purpose of clioosing a president and six direc- tors, which six directors, \vith the president, shall constitute the board of directors for the management of the affairs of Power to use side lines, etc. Proviso. Election of president and olrectors. SESSION OF 1875. 211 the corporation ; and said board shall elect a secretary and treasurer, either or both of whom mav be chosen from their ■own number ; said board shall hold their oflSce for the term of one year, and until their successors are elected, and shall exercise all the powers pertaining to the making, maintain- ing, use and management of the said telegraph lines, and the aftairs, interests, and business of the said corporation ; that the annual meeting of the said (corporation shall be held on Annual meet- the first Monday in March in each and every year, unless °** the stockholders, at an annual meeting, shall otherwise direct ; that the place and time of holding the first election shall be fixed in the call for the same, and thereafter it shall be de- termined by the stockholders at their annual meeting ; special meetings may be called by a mnjority of the direc- tors whenever in their opinion the interests of the company require it, or requested by one-third of the stockliolders. 5. Audit be enacted^ That at eacli and every election who entitled for officers, each share shall entitle the holder thereof to one vote, to be given by ballot, and stockholders may be repre- sented by proxy. 6. And be it enacted. That tlie said company shall be-^^^t?*""******^ , - , 1 • -I ^ ''i . . erect, construeft and are hereby authorizea to erect, construct, and maintain aad mainuin their lines of telegrapli, over or under any of the public gra^h° *" roads, streets and highways, and through, across or under any of the waters within tlie limits of this state ; provided^ Proviso. the same shall not be so constructed as to interfere with the safety or convenience of persons traveling on or over the said roads or highways, or injuriously interrupt the navigation of said waters ; nor shall this act be so construed as to authorize the construction of any bridge across any of the waters of this state ; provided^ aho^ that the incorporated cities and prdTiso. towns of this state shall designate the streets to be used, and the mode in which the same shall be used, and such use shall be subject to such regulations and restrictions as may be imposed by the corporate authorities of said cities or towns. 7. And be it enacted^ That if any person or persons Penalty for la- shall wilfully injure, destroy or obstruct the use of anyitructingworki telegraph constructed, maintained or worked by virtue of this act, by the said company, or any of their necessary works, the persons or person so offending shall be deemed guilty of a misdemeanor, and being thereof convicted, shall 212 PRIVATE LAWS. ProTbo. Compaoy to be punished by fine not exceeding one hundred dollars, or imprisonment at hard labor not exceeding one year, or both; provided^ such criminal prosecution shall not in any wise injure the right of action for damages by civil suit being authorized to be brought for any such injury as aforesaid, by and in the name of the said company, in any court of this state having cognizance of the same. 8. And be it enacted^ That it shall be the duty of the tninSimit mes- said Company, at all times, without charge, on request of any 2^bHc*buBi[- public officer of this state, to transmit (confidentially, if re- SS^e?^^**" quired) over their lines of telegraph, messages relating to the public business of this state, and also at all times to as- sist the public officers of the state by the transmission of in- telligence. 9. And be it enacted^ That this act shall take effect im- mediately. Approved March 25, 1876. CHAPTER CCXXVII. An Act to incorporate the AVinkler's Brass Band, of the City of Trenton, Xew Jersey. Corporators. 1. Be IT ENACTED by the Senate and General AssetnAly of the State of New Jersey^ That Albert Winkler, Gott^ wald Winkler^ William Winkler, Emil Winkler, William ••' Sweet, Eudolph Khulman, William Tiel, Matthew Hill, Edward McClurg, Samuel Gambol, David James, Joseph Rhulgarber, Enos Jenkins, Peter Rheinfeldt, and Joseph Wise, and then* successors, be, and they are hereby consti- tuted and declared to be a body corporate in fact and in Corporate name law, by the name of the "Winkler's Brass Band, of the City of Trenton, in the State of New Jersey." Capita] Btock. 2. And be it enacted^ That the capital stock of said com- pany shall be five thousand dollars, and shall be devoted to the procurement of such uniforms, instruments, and the de- SESSION OF 1875. 213. fraying of such expenses as shall be incident to the more efficient organization of said company. 3. And be it enacted^ That said company shall 1^*^^® *^J2i*nt®L4 power to elect once in each year a president out of their own other officer*, body, and such other officers as they shall deem necessary for conducting their affairs, according to the constitution and by-laws adopted or to be adopted by them, in conformity with the laws of this State and the United States, and that said president shall keep in his custody the common seal of said company, and surrender the same to his successor at the expiration of his term of office, and that said company p^^e„ ^f in its corporate name may institute suits for the recovery of p««^*on- all lines, dues, debts, and arrearages due the naid company, and may purchase, hold, and transfer any real or personal estate which they may deem necessary for the purposes con- templated by this act. 4. And be it enacted^ That the above named corporators Annwieieo- flhall act until their successors are duly elected and qualified, and that the election for officers of the said company shall be annually, on the first Monday of July, in each and every year, and shall be by ballot, and in case said incorporators shall fail to elect their officers on the day specified herein, it shall and may be lawful for them to elect the same on any day during said vear. 5. And be it enacted^ That this act shall take effect im- mediately. Approved Marjh 25, 1875. 214 PRIVATE LAWS. Pieamble. CHAPTER CCXXXVIII. A Further Supplement to an act, entitled "An Act to incor^ porate the Raritan Cemetery Company of Keyport," ap- proved April second, one thousand eight hundred and sixty-seven. Whereas, Doubts liiive arisen as to the power of the afore- said corporation to make assessments upon the lots in said cemetery, and to enforce the collection thereof against the owner or owners of such lots ; and whereas, the greater part of tlie lots in said cemetery had been sold by private individuals at and before the date of the aforesaid act of incorporation, and no provision had been or coiild be made to provide a fund to improve and keep in repair the part thus sold and occupied ; and w^hereas, the money paid to the trustees of said cemetery from the pro- ceeds of the sale of the remaining lots, as provided in the fifth (5) section of the aforesaid act of incorporation and the interest accrued thereon, does not amount to the sum of one tliousand dollars ; and whereas, tlie truBtees of said cemetery have expended a considerable sun^of money in improving and keeping in repair the fences, avennes, walks and other fixtures of the said cemeterv, and in meeting other expenses which have accrued, and have caused to be made an assessment upon each and every lot in said cemetery, to provide a fund for the payment of the sum of money so expended as aforesaid ; therefore, M»T enforce 1. Be IT ENACTED by the Senate and General A99em6t^ S^Mclsmenu by of the State of New Jersey^ That it shall and may be law-, salts at Uw. ^^^ j^^. ^j^^ ^^-^ corporation to enforce the collection of the aforesaid assessment, by a suit at law against the owner or owners of such lot or lots, in the way and manner provided in the first section of a supplement to the said act of incor-^ poration, approved March fifth, eighteen hundred and iseventy-four. SESSION OF 1875. 215 2. A fid be it enacted^, That it shall and may be lawful power of tnu- 4 A.AA 4 «Wk L for the trustees of said cemetery, at any time hereafter and aSSesMwJu before the money paid to them from the proceeds of the f^^oyilt^ Kale of the remaining lots, na provided in the fifth section of K'o«ndB, etc. the aforesaid act of incorporation, inchiding the interest accrued thereon, shall amount to the sum of one thousand dollars, to make an assessment or assessments upon each and every lot in said cemetery, for the purpose of improving and keeping in repair the fences, avenues, walks and other fixtures of the said cemetery, and for meeting such other expenses as may accnie, and that it shall and may be lawful for the said corporation to enforce the collection of such AweBsmeDte assessment or assessments by suit at law against the owner *»ow coiiecud. or owners of such lot or lots, in the way and manner pro- vided in the first section of the said supplement, approved March fifth, one thousand eight hundred and seventy-four. 3. And he it enacted, That this act shall take eflect im- mediately. Approved Mandi 25, 1875. CHAPTER CCXXXIX. An Act granting certain powers to the Central Stock Yard and Transit Company for the preservation of their prop- erty, maintaining order upon their premises, and punish- ing offenders. 1. Be it enacted by the Senate and General Assembly mkv esiaibihh of the State of Nexo Jersey, That it shall be lawful for thej^:/*'''*'™^*"' Central Stock Yard and Transit Company to make and establish by-laws, rules and regulations for the following purposes : 1. To prohibit and prevent any canal boat, steamboat, J^^pjj™*^^ vessel, or other water craft from trespassing upon the waters paasing upon floHing over the lands under water, owned or leased by said by company. 216 PRIVATE LAWS. .To prohibit boats from faM- tening to whar» and piers. To preTCDt amoking on grounds, etc. bringing of combustible articles, etc. To prevent gambling, etc company, and from trespassing on the waters in any slip adjoining any wharf or pier owned, leased or used by said company. 2. To prohibit and prevent any canal boat, steamboat, vessel or other water craft, from fastening or attaching itself to any wharf or pier belonging to, leased or used by said company, or remaining alongside said wharf or pier. 3. To prohibit and prevent any person from using or smoking any cigar, cigarette, pipe or other thing, upon any portion of the premises owned, leased or used by said com- pany. To present the ^ rp^ prohibit aud prcveut any person from bringinjj^ upon the premises, owned, leased or used by said (jompany, any article or thing of a combustible or explosive nature, or that might endanger the property of said company, or expose it to the risk of iire. ^5. To prohibit and prevent every species of gambling, ])reach of the peace, or violation of the laws of the state, or the ordinances of any city, town or township in which their property is or may be situate. 6. To regulate as they may deem proper the use of their premises by those wlio may come thereon for business or other purposes, and to exclude therefrom such persons as they may deem ne(^essary to preserve good order, peace and security to their property. 2. Ancf be it enacted^ That all the by-laws aud regula- tions made and established by said company, under sei-tion one of this act, shall be posted in one or more conspicuous places on said premises, together with a copy of this act, 3. And Le it enacted^ That the said company may appoint from time to time, one or more fit, proper and discreet per- son or persons, who shall take and subscribe before a jus- tice of the peace, of the county of Hudson, an oath or affir- mation, which said oath or animation shall be filed in the office of the clei*k of the county of Hudson, and shall be, as ner.rly as may be, of like form and effect as is now requir- ed by law for constables to take and subscribe ; and the date of tiling shall be endorsed by said clerk, who shall be paid the usual fee for filing papers of that description ; and the person or persons so appointed, sworn or affirmed, shall possess, so long as the said company may choose to retain him or them, the same powers and authority, on the premi- To regulate, use of premises, etc. By-laws, etc., to be pitsted. May appoint persons to act H8 conHtables. Powers aud authority of persons ap- pointed. SESSION OF 1875. 217 868 of said company, and on the lands, waters and premises adjacent thereto, which constables now possess in criminal cases in this state ; and they shall have the power and au-M^ym^i^e thority, without process, to arrest all persons who shall be »"®«t»- there found violating any of the laws of this state, the ordi- nances of any city, town, or township in which the property of said company is situate, the by-laws, rules and regulations of said company, established under section one of this act, or who shall conduct themselves in a disorderly or immoral manner, or disturb or wrongfully interfere with the business of said company, or any person on said premises ; and the said persons so arrested shall be taken as soon as conven- iently may be before a police justice of Jersey City, or a justice of the peace of tl.ie said county of Hudson, there to be dealt with according to law, or said person or persons shall be ejected from said premises. 4. And be it enacted^ That the person or persons appoint- p^^^^^g ^p. ed under section three of this act, may be appointed by the {*^°^jfh*°J^J"„ Board of Police Commissioners of Jersey City, and their of policemen, successors in office, as policemen, with the same powers and authority as the policemen of Jersey City ; and thrit the city shall not pay such officer any compensation whatever. 5. And be it enactedjThat any person violating, or refiis- P<*"on8 visa- ing to obey any of the by-laws, rules or regulations of said ejected from company, made and established under section one of this penaUy*for°en- act, may be ejected from the premises of said company, and ^f^hout pe?- if, after being so eje(;ted, lie shall come again on said prem- mis«ion. ises without the written permission of an officer of said com- pany, he shall be guilty of a wilful trespass, and upon con- viction shall be adjudged guilty of a misdemeanor, and be punished by a line not exceeding two hundred and lifty dol- lars or imprisonment not exceeding three months, or both of them in the discretion of the court. 6. And be it enacted^ That if any person violates or re- penalty for tIo- fuses to obey any of the by-laws, rules and regulations estab- g*" °Jf Som™^^ lished by said company under section one of this act, and paoy- for such violation is directed to leave the premises of said <5ompany by any of the officers appointed under section three of this act, and refuses to leave after such direction, he shall be deemed a wilful trespasser upon the premises of said company, and upon conviction shall be adjudged guilty of a misdemeanor and be punished as provided in section five of this act. 218 PRIVATE LAWS. PtotIbo. Penalty for in- 7. And be it euacted^ Tliat if any person or person shall JSeiSfetc.*'^*"' wilfully nm any boat or vessel of any kind against the pieis, wharves or piling of said company, or wilfully cause or per- mit to be done any act or acts whatsoever, wliereby the wharves, piers, piling or other property of said company shall be injured, tlie person or persons so ofiending shall be deemed guilty of a misdemeanor, and upon conviction shall . be punished as provided in section five of this SLet ; provided^ that sucli criminal prosecution shall not in any wise impair the right of action for damages by a civil suit hereby au- thorized to be brought for any such injury as aforesaid, by and in the name of the said corporation, in any court ot competent jurisdiction ; and if any damage is done to the property of said company, or the wharves, piers, piling or premises leased to said company, by any canal boat or other vessel or boat, said suit may i)e comnaenced against the owner of said canal boat or other vessel or boat, without using the name of said owner, and said canal boat or other vessel or boat may be attached as provided in an ac^t entitled " An act for the relief of creditors agauftst absconding and absent debtors." 8. And he it enacted^ That this act shall b<^ deemed a public act, and take effect immediately. Approved March 25, 1875. CHAPTER CCXL. Cor|M)r ton. An Act to incorporate the Weehawken Ferry and Guitteiir berg Passenger Railway Company. 1. Be it enacted by the Senate and General A^senibiy of the State of New Jersey^ That John Dwyer, Otto Koehler, Frederick W. Herrmann, George Sneatb, Jacob Klein, Adolph Meckert, William H. Steinbrenner, Frederick Walker, Jacob Jenny, Edward Lennon, John Meeks, Sr., Alexander Sb^ler, Ovyen Hill and such other persoiu« as SESSION OF 1875. 21& maj hereafter be assocnated with them, their sucee^sors and assigns, be and they are hereby created a body corporate, in fact and name, by and under the name of " The Weelwiw- ken Fen*y and Guttenberg Passenger Kailway Company," corporate nain» and shall be capable of purcliasing, holding and conveying any real estate, tenements, goods and chattels wlMttsoeTer, necessary or expedient for the objects of this *x>rporation, and as may be required for their purposes. 2. And be it enacted^ That the amount of eapital stock Amount of eapi*- of said company shall be one hundred and fifty tlKH^sand^*^'^^* dollai's, with the privilege of increasing the same to- tive hundred thousand dollars, to be divided into shares o4* twenty-five dollars each, which shall be deemed personal property, and transferable in such manner as tl>e said f04'- poration by their by-laws sliall prescribe. 3. And be it enacted^ That the stock, capital, property, Amiirs of com- concerns and affairs of the said company shall be managed managed by and conducted by a board of not leas than seven nor more J^JJ* *' ^^^^ than thirteen directors, a majority of whom shall be resi- dents of this state, all of whom sliall be stockliolders, audi one of whom shall be president ; who shall hold their office* for one year, or until others are elected in their plac« ; and that said directors shall be chosen by said stockholders an- Aaiwiaieiec- nually, at such time and place, and in such manner, and ilS^**'^*"^*^ apon such notice as shall be directed by the by-laws of said corporation ; and in case such election of directors shall not be held at the appointed time, the corporation shall not for that cause be deemed dissolved ; but such election may be held at any other time upon the usual notice, and the officers and directors for the time being shall be continued in olK(te until others are elected in their stead. 4. And be it enacted^ That a majority of the said board Quorum and shall be a quorum for the transaction of l)U8iness, and that if fifSL^*®" ***** any time it sliall happen that any vacancy or vacancies oc- cur from any cause whatever among the direcrtors named in this act, or those hereafter to be elected, such vacancy or vacancies shall be filled by such stockholders as the direoa tors for the time being, or a majority of them, shall appoint \ and the said directors may appoint such ofiicers and other agents and employees, and assign to them such duties and pay them and to their president such salaries as they may see fit. 220 PRIVATE LAWS. Pint directors. 5. And bc it etiactedj That the incorporators hereinbefore named shall be the first directors, and shall respectively hold their offices for one year from the organization of said company or nntil others shall be legally chosen from the stockholders in their places ; and every share of stock shall entitle the holder thereof to one vote, either in person or proxy, at any authorized meeting of such stockholders. -., , . ^. And be it enacted. That the above named directors, Directors to .. , in ii /.!•• open books and Or a majority ot them, shall cause books ot subscription to scrfpIioDs to the capital stock to be opened, at such time as they, or a capiui stock, majority of them, shall deem proper, and each subscriber to the capital stock shall pay at the time of such subscription into the treasury of said (corporation an installment of twenty per centum on the stock by liim subscribed ; and the said directors shall liave power to call in the capital stock of said company in such installments and at sucli times as thev may direct ; and in case of the non-payment of such install- ments, or any of them, to forfeit the share or sliares upon May make by- which default shall have been made ; and to make and pre- laws, etc, scribe such l)y-laws and regulations as to them may seem needful and proper toucliing the management of the stock, property and business of the said coaporation. Power to con- 7. And be it enacted^ That the said corporation shall iafn^aDd*(5)ef- have power and authority to construct, maintain, and oper- ate a railroad. ^^Q a railroad from a point at or near Weekawken Ferry, on the Hudson river, in tlie township of Union, county of Hud- son, over and upon such lands, roads, streets and highways in the said townsliip, and in the township of North Bergen, in the said county, as may be deemed expedient by the said company and authorized by the township committee of the townsliip through which said railroad may be laid, the same not to exceed fifty feet in width. uSSs^'for to'"''" 8. And be i{ enacted. That it shall be lawful for said out road?"^ ^"^ Company, its agents, engineers, or others in their employ, tv^ enter at all times upon all lands for the purpose of exploring, surveying and laying out the route of such railroad, and of locating the same, and to locate all necessary works, bnJld- ings, appurtenances and appendages thereof, doing no un- necessary injury to private or other property ; and when the route of such railroad and the location or locations of the works, buildings, appurtenances and appendages thereof shall have been determined upon, and a survey of such SESSION OF 1875. 221 route, location or locations depoBited in the office of the secretary of state, then it shall be lawful for said company by its officers, agents, engineers, superintendents and workmen in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate any su^h lands, and to erect em- bankments, bridges and all other necessary works, and to do all other things which may be suitable and necessary for the completion, management and repairs of said railroad ; pro- Proviso. vided always^ that the payment or tender of payment of all damages for the occupancy of lands through, over, and upon wliich the said railroad and its works, buildings, appurten- ances and appendages may be laid out or located, be made beftJie the said company, or any person under their direction or employ, shall enter upon or break ground in the premises, except for the purpose of surveying and laying out such railroad and its works, ])uildings, appurtenances and append- ages, and for locating the same, unless the consent of the owner or owners of such lands be first had and obtained. 1). And he it enacted^ That if the owner or owners of the^JJ^*^]^* lands so required cannot agree with the said company for and owners tlii3 use or purchase thereof, or when by reason of legal in- to lauds requii^ capacity or absence of su(th owner or owners no such agree- ment can be made, application may be made to a judge of the court of common pleas of the county of Hudson, who shall direct notice to be given by said company to said owner or owners, either personally or by publication as he may direct, of the time and place for the appointment of commissioners, at which time, upon due proof of service of such notice, he shall, under his hand and seal, appoint tliree disinterested freeholders commissioners to examine and appraise such lands, and to assess the damage, the time and place of such examination to be expressed in said ap- pointment ; and such commissioners shall thereupon meet at such appointed time and place, and being first duly sworn faithfully to examine and report their actions and proceed- ings, proceed to value said lands, and assess the damages to be paid therefor by the s«iid company, and within ten days thereafter, they or any two of them, shall make a report in writing and file the same, together with their appointment, with the clerk of the county of Hudson, who shall record the same, and a certified copy of such record shall at all times be considered plenary evidence of the right of said 222 PRIVATE LAWS. company to liave, hold, use and enjoy the lands, after pay- ment of tke value and damages aforesaid, and of the right of sueh owner or owners to recover the amonnt of such valuation with interest and costs, in an action in any court of competent jurisdiction,* if said company shall refuse to pay the same' for twenty days after demand of their treas- TTQvhio. urer ; jyrovided^ that if either party shall feel aggrieved by the Appraisement and award of the said commissioners, sim> ilar proceedings may be had in the nature of an appeal, as are provided for in the seventh section of the act entitled "An Act to inoorporate the North Hudson County Ferry Company ,'\ approved March seventeenth, one thousand eight hundred and seventy. ratiro^^St ^^^ ^'^' ^^d be it enacted^ That the said company shall have grade. the right to cross at grade any railroad in the townsliip of Union and Nortli Bergen, and the tracks of any railroad built by virtue of this act shall be of the same ^vidth as those of the street railroads now- in use in the county of Tracks In HudsoD, and Said tracks shall be laid in all streets in con- vtreets how ' laid. formity with the grades thereof, as the same now are or may hereafter be established by proper authority, and in all cases the rails of said company shall be so laid as to prevent an unnecessary obstruction to the ordinary travel by wagons and other vehicles over and across the streets, through or over which the said roads sliall be laid, and the said company shall at all times keep the tracks in good repair, so as to create no unnecessary impediment to public travel. Majr conuruct, 11, And hc U enocted,, That tlie said company for the S>er°ate eieva- purposc of facilitating the ascending or descending of their tors, etc. ^g^j.g ^jp g^^ down the Palisades or Weehawken hills is hereby authorized and empowered to construct, maintain and oper- ate one or more elevators, by means of inclined planes, or otherwise, and to use steam or other motive power in work- ing the same, and to do all other things necessary or con- venient for the safe and expeditious construction and use of the same, and for the purpose of taking any land necessary for the said elevators or inclined planes, the said company shall pursue the method prescribed in this act for taking May borrow \^^ for its routc or routcs. SiuVa^ **"*^*' ^^' And he it enacted^ That the said company shall have operate rua4, powoT to borrow such sums of mouoy from time to time as Uad4, ete?^ shall be necessary to build, equip, operate and repair said SESSION OF 1875. 223 road or roads, and to secure . the payment thereof by the issue of bonds secured by mortgage on said raih'oad or raih'oads, to be built by said company, and the lands, fran- chises and appurtenances of said company at a rate of in- terest not to exceed seven per centum per annum. 13. And be it e?ia€ted, That if any person or persons Pentity for in- shall wilfully or maliciously impair, injure, destroy, or ob-ibBtrSctinJ^''' struct the railroad or any of the works or property of the '****• said company, such person or persons shall forfeit and pay therefor to said company three times the amount' of damage sustained by means of such injury, the same to be recovered by them in any court of competent jurisdiction. 14. And be it enacteiij That said company * shall ^^ake J^*y *^J^« ^ ^^ such rules and regulations as to the price for carriage of rates of fare, passengers, freight and merchandise on said road as the president and board of directors shall elect, but the price for passengers shall not exceed the sum of five cents for each passenger per mile or less, and after that rate for all distance over a mile. 15. And be it enacted^ That when one mile or more ofwhento com- said road shall be completed, the said company may com-™^^* runniog mence running cars for the transportation of passengers and freight, enjoying all the privileges, and subject to the re- strictions created by this act. 16. And be it enacted^ That the said road shall be com- Time of com- menced within two years from the fourth day of July next, mencement etc. and finished wuthin five years fi'om that date. 17. And be it enacted^ That the president and directors DiTidendi. of said company shall declare and make such dividends as they may deem prudent and proper, from time to time, out of the net profits of said railroad. 18. And be it enacted^ That tliis act shall take effect im- mediately. Approved March 29, 1875, 224 PRIVATE LAWS. CHAPTER CCXLI. Corporator!. Ckirporate name Objects. Powers. Officers to bo elected an- nually. Mar purchase ana hold real and personal estate. Qeneral pow- ers. An Act to incorporate the Unabhangiger Turn Verein (In- dependent Turn Society), of Newark, New Jersey. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ Tliat Michael Helmstacdter^ Adolph Hember, George Luderson, Otto Conrad, P. Wil liam Roder, Charles Schmidt, Andrew Deobald, Charles Lutter, Louis Nees, Noha Guter, Frederick Dain, John Baugert, and such other persons as are now or hereafter shall become members of the " Unabhangiger Turn Verein of Newark," are hereby constituted a body politic and cor- porate by the name aforesaid. 2. And he it enacted^ That the objects of this society shall be the improvement of mental, pliysical and corporal edn- cation. 3. And he it enacted^ That the said corporation shall have power to prescribe admission and expulsion of its members, and for the election, time of service and duties of its officers. 4. And he it enacted^ That the officers of the said corpo- ration sliall consist of a president, vice president, one corre- sponding, one recording, one financial secretary, treasurer, first and second turn master, librarian, quartermaster, drum- major, and the chairman of the mental turn school, said officers to be elected annually, and at such time and place as the by-laws of the said corporation may prescribe. 5. And he it enacted^ That the said corporation may purchase and hold real and personal estate, for their use and benefit, the value of which shall not at any one time ejfceed the sum of fifty thousand dollars. 6. And he it enacted^ That the said corporation shall possess all the powers and privileges, and be subject to all the restrictions and liabilities contained in the act entitled "An Act concerning corporations," passed and approved SESSION OF 1875. 225 February the fourteenth, one thousand eight hundred and forty-six, and the various supplements thereto. 7. And be it enacted^ That this act shall take effect im- mediately. Approved March 29, 1875. CHAPTER CCXLIV. An Act to incorporate the " Independent Printing Com- pany." 1. Be rr enacted by the Senate and General Assembly of the State of JV^ew Jersey yThiit Albert C. Noble, William corporatow. H. Noble, and Henry A. Vku Fredenburgli, and their asso- ciates, successors, and assigns, be and they are hereby created a body politic and corporate by the name of the " Indepen-Con>o«*«»J dent Printing Company," and by tliat name shall have power to acquire by gift, grant, devise, purchase or lease, and hold real and personal property, not exceeding in value twenty thousand doUars, and to convey, mortgage, and lease the same, and by their said name shall have power to sue and bo sued, plead, and l)e impleaded, in all courts and places ; to make and use ac(mmion seal, and alter the same at pleasure, and to make by-laws not inconsistent with the constitution and laws of the United States, and this state, for the manage- ment of the property, the regulation of the affairs, and the transfer of the stock of the said corporation. 2. A7id be it enacted^ Tl\\fit the general object of said^^J"^ corporation is declared to be tlie publishing of one or more newspapers, and the conducting of a general printing and publishing business in the county of Sussex. Z. And be it enacted^ That the capital stock of said cor-^*P*^**"*^*' poration sliall be ten thmisand dollars, and may bo increased .from time to time by the board of directors, to any sum, not ^exceeding in all, twenty thousand dollars ; that said stock nhall be divided into shares of ten dollars each, which shall 15 \ 226 PRIVATE LAWS. Shares how tranaferred. Certificates of ■took. KLtLj purohaae hirei or lease propertj, etc. UaoM^ment restea in board Df directors. Axmnal election of directors. be subscribed for in sucli manner, in such instalbnents, and upon sucli notice as the board of directors by their by-laws may direct and appoint, and in case of failure by any stock- holder to pay his or her instalment or instalments, at the time and place appointed by said by-laws for the payment thereof, such stockholder shall, at the option of the board ot directors, incur a forfeiture of his or her share or shares, and all previous payments thereon, for the benefit and use of said corporation. 4. And be it enacted, That the capital stock of said com- pany shall be deemed personal property, and said shares shall be transferable only on the books of said company, in such manner as said l)y-law8 may direct ; and that certifi- cates of stock be issued to the stockholders, and that each share of said stock shall entitle the holder thereof ta one vote either in person or by proxy. 5. And be it enacted, That it sliall be lawful for said cor- poration, if they shall see tit to purchase, hire or lease, all or any part of the property, assets, rights, and effects of any paper, printing company, or publisliing association, and to give stock in part or full payment thereof. 6. And be it enacted, That the management and disposi- tion of the affairs and property of said company, shall be vested in a board of directors, one of wliom shall be presi- dent ; that the number of said board shall not be less than three, or more than five ; that the persons named in the first section of this act shall be the directors of said corporation until the first day of April, one thousand eight hundred and seventy-five, and thereafter until others are elected in their stead ; that on the first Thursday of April next, and annually thereafter, the directors shall be chosen at such place, and on such notice, and at suc^h time as the by-laws of said com- pany shall determine ; that the directors so chosen shaD hold their office for one year, and thereafter until others are chosen in their stead ; that all elections shall be by ballot, and if at any time for any cause it shall happen that no election shall be had at the time herein appointed, the directors for the time being shall continue in office until an election be regularly held, according to the requirements of the by-laws in that behalf, or by this act ; and any vacancy in the board of directors may be filled for the unexpired term, by a majority of the same. SESSION OF 1875. 227 7. An^Tie it enacted^ Tliat the board of directors may Bomrd mmy ap- appoint such officers, editors and agents as they may deem^° ** **"* necessary, and may, by their by-laws, fix their duties and the compensation thereof. 8. And be it enacted, That said corporation may be dis- How diMoWed. solved at a general meeting of the stockholders, specially called for that purpose, thirty days' notice having been given by piablishing the call thereof at least once in each week during said period in a newspaper published in Sussex county ; provided, that at least tliree-fourths in value of all ProTiso the stockholders sliail <^oncur therein, and upon such disso- lution tlie directors, for the time being, or such persons as the said stockholdet's shall, by a majority vote, appoint, shall be trustees ibr settling blithe affairs of the corporation, collecting and disposing of its property and assets, paying its debts and dividing any surplus among the stockholders in proportion to their respective interests in tlie capital stock* 9. And be it enacted, That the said company are hereby JJj^^'lJ^^^jS authorized to issue bonds not to exceed one-half the cost of by mortgage, their property, bearing interest not exceeding seven per centum per annum, as they may deem expedient in further- ance oif tlie objects of said corporation, which bonds may be secured by mortgage of the whole or part of the property of the said corporation and may be converted into the stock of the said company on such terms as may be agreed upon. 10. And Be it enacted. That this act sliall take effect im- mediately. Approved March 29, 1875, 228 PRIVATE LAWS. CHAPTER CCXLV. Oorporatora. Corporate name and powers. Kav pnrchaso ana hold real ciitate. Gapital stock. Bterd of direo- tora to manage wJStin. An Act to incorporate the Elizabethport Publishing Com- pany. 1. Be IT ENACTTED by the Senate and General Assembly of the State of New Jersey^ That Elihn H. Ropes, George N. Potter, Tliomas Windsor, P. 11. Gilhoolv, William R. C. Coleman, Jabez B. Cooley, and Charles E. Pountney, and their associates, successors, and assigns, l)e and they are hereby declared to be a body politic and cor- porate, by the name of "The Elizabethport Publisliing Company," subject to the general laws of the state of New Jersey, not inconsistent with the provisions of this act, for the purpose of carrying on a general printing and publishing business, if they shall so elect, and for the purpose of print- ing, publishing, distributing, and selling a daily or weekly, or other newspaper or magazine, in the city of Elizal>et!i, and county of Union, and state of New Jersey, and for the doing of every act and thing necessary to said business in any wise belonging or appertaining. 2. And he it enacted^ That said corporation may pur- chase and hold such real estate as may be required for the purpose of said corporation, and may dispose of the same. 3. And be it enacted^ That the capital stock of said company shall be five thousand dollars, divided into shares of ten dollars each, with liberty to increase the same to any sum not exceeding twenty thousand dollars, w^hich shares shall be deemed personal property, and shall be transferable only on the books of the company, in such manner as the directors by their by-laws may direct ; each share to entitle the holder to one vote either in person or by proxy, such stock to be subscribed, called for, and paid in at such times, and in such installments, and upon such notice as the direc- tors may appoint. 4. And be it enacted^ That the property and affairs of said company shall be managed by a board of directors, of SESSION OF 1875. 229 not less than three nor more than seven in number, of share- holders in said company, to be chosen annually, at such time and place in 'the city of Elizabeth, county of Union, as the directors by the by-laws or otherwise may from time to time direct and appoint, and that Elihu 11. Ropes, George N.J/jJJJ^^'**' Potter, William R. C. Coleman, P. H. Gilhooly, Thomas Windsor, Jabez B. Cooley, and Charles E. Poutney shall be the first board of directors, who shall as soon as con- venient after the passage of this act assemble and organize said company and continue in ofiice until others are elected in their stead. 5. And be it enacted, That as soon as three thousand when autbori*. dollars of said capital stock shall have been subscribed, the bSainSS?"*"** said company shall be authorized to proceed to carry out the objects of this corporation, the directors shall choose out of their own number a president, and elect or appoint such other officers and agents as they may deem expedient, and fix their compensation, they shall have power to adopt by- powe™ of laws, rules and regulations for the management of said com- ^^^ ®' dixw- pany, to fill vacancies in their own board until the next an- nual election, and until others are chosen in tlieir stead, to declare stock forfeited for non-payment of any installment, and to sell and issue stock in lien thereof for the benefit of said company. 6. And be it enacted, That the directors of said company Annumi report shall make an annual report to the stockholders at their an- JjJ^I^^J^ nual meeting of tlie condition and afiairs of said company, of the assets and debts of the company, and no dividend shall be declared except from the actual and net profits of the company. 7. And he it enacted, Tliat this shall be a public act and take effect immediately. Approved March 30, 1875. 230 PRIVATE LAWS. Power to add to membera dues, propor- tionate snareH of amount of tax assessed, etc. Power to col- lect tax assessed CHAPTER CCLVI. An Act to regulate the collection of taxes of the Mechanics' Building and Loan Association of Florence, New Jersey, in the county of Burlington. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey y Tliat it shall be lawful for the directors or secretary of the Mechanics' Building and Loan Association of Florence to add to each and every member * dues his proportionate share of the amount of tax that shall be assessed to said association on account of bonds, mort- gages, and other securities held by said association against said members. 2. And be it enacted^ That said Jissociation shall have power to collect said tax as all other dues are collected by said association, as provided for in the by-laws of said as- sociation. 3. And be it enacted, That this act shall take efiect imme- diately. Approved March 30, 1875. CHAPTER CCLVIL An Act to change the name of George W. Coxson to GeoT^ W. Barr. Whereas, George W. Coxson, of the county of Hudson, is desirous of having his name changed to George W. Barr, and no reason appearing to the contrary ; therefore, 1. Be rr enacted by the Senate and General Assembly jffaBie changed. ^/ l^^ State of Nexo Jersey^ That the name of George W. SESSION OF 1875. 231 Coxson, of the county of Hudson, be and the same is here- by changed to George W. Barr, and by that name he shall possess and enjoy all the rights, powers and privileges whicli he would have possessed and enjoyed, had he retained his original name of George W. Coxson. 2. And be it enacted^ That this act shall take effect im- mediately. Approved March «S1, 1875. CHAPTER CCLVIIL An Act to change tlie name of Mary J. Michaels. 1. Be it enacted by the Senate and General Assembly of the State of Nev) Jersey^ That the name of Mary Jane Name changed Michaels, of the city of* Camden, and state of New Jersey, be and the same is hereby (changed to Mary Jane Fox. 2. A7idbe it enacted^ Tliat tliis act shall take effect im- mediately. Approved March 3i, 1875. CHAPTER CCLIX. An Act to change the name of Joanna F. Phillips, Mary M. Phillips and Henry D. Phillips. 1. Be rr enacted Ly the Senate and General Assembly of the State of New Jersey^ That the names of Joanna F. Name, banged rhillips, Mary M. Phillips and Henry D. Phillips, l)e and the same are hereby changed to Joanna F. Barricklo, Mary F. Barricklo, and Henry 1). Barricklo. 2. And be it enacted^ That this act shall be deemed a pul)- lic act and shall take effect immediately. Approved March 31, 1875. 232 PRIVATE LAWS. CHAPTER CCLX. A Supplement to the act entitled " An Ac^t to incorporate the Manufacturers' Land and Improvement Company," approved March twenty-seventh, eighteen hnndred and Beventy-four. 1. Be it kn acted hy the Senate and General Assemily tngsof B^rdof^ the State of Nexc Jersey^ That meetings of the board of bohSd"™*^ directors of tlie Mjmufacturers' Land and Improvement Company may be held eitlier in tlie state of New Jersey or in the city of Philadelpliia, in the state of Pennsylvania, at such time and places as tliey may determine upon from time to time, and all transactions of business by the board of directors at their meetings held in tlie city of Philadelphia, in the state of Pennsylvania, sliall be as legal as if held in the state of New Jersey. 2. And he it enacted^ That this act shall take effect im- mediately. Approved March 81, 1875. Repealer. CHAPTER CCLXL A Supplement to an act entitled ^'An Act to incorporate the 'Gloucester Water Works Company,' " approved March twenty-sixth, one thousand eight hundred and seventy -two. 1. Be it enacted hy the Senate and General AssenMy of the State of New Jersey^ That the third section of the act to wliich this net is a supplement be and the same is hereby repealed. SESSION OF 1875 233 2. AncT be it enacted^ That whenever ten thousand dol- Election of lars of tlie capital stock shall have heen subscribed, the said to™. ^ "^ commissioners, or a majority of them, shall as soon as they •deem expedient, give notice in such manner as they may '>^ dent, or any director, the vacancy thereby created in the board of directors may be tilled by the directors for the •current year. 3. And be it enacted. That the board of directors ofP^'^Jf'J^J*'"* the saul company shall have power to make and adopt a notes, deed common seal for said company, to appoint a treasurer, and cure same by -secretary and such other officers, agents and servants and °***'^^»*^»®' ^^ employees of said company as they may deem necessary, and to prescribe the form of and to issue or authorize to ])e issued, such promissory notes, bills of exchange, and busi- ness paper of said company as they may determine; to borrow such sums of money from time to time as they may deem advisable for the purposes of said company, and to pledge the credit and property, of the company for the pay- ment thereof, or to issue the promissory notes or bonds of the said company therefor to secure the payment of said promissory notes or bonds, either by mortgage on the real or personal property of tlie said company in whole or in part, or in sudi other way as the said directors may see fit ; and may make such by-laws, rules and regulations for the May make by- issuing and transfer of stock, and for the government of the ^**''' **^" said company, its officers, clerks, asrents, and employees as said directors may determine, and to direct the control and management of the business and affairs of the said company 234 PRIVATE LAWS. ill sucli manner consistently with the provisions of this act as they may think proper. M»7 enter into ^' -And bc U enactedy That t lie said company is hereby and execute authorized and empowered to enter into and execute any any contracts -^ . •' or agreement contract or agreement necessary tor or to carry out the ob andwavey jccts of the Said compauy, and may grant, sell, transfer and works, etc. convey the said water works and all the right, title, interest, privilege and franchises of the said company at any time upon a vote of a majority of all the shares of the stock of the said company so to do, to any person or persons, com- pany or corporation, and in making such sale the purchaser or purchasers, whether it be a person or persons, company or corporation, shall become vested with all the rights, privileges, powers, and franchises as are vested in and with Tlie Gloucester Water Works Company, in the same man- ner and to the same extent as is vested in the said company by tliis act, and the act to which this is a supplement. May Bell and 5. And be it enacted. That the companv mav seD and QiBDose of water x . •' etc. dispose of the water issuing from the reservoir, aque- ducts or pipes for such price or prices or annual rents, and under such restrictions as they may think proper. 6. And be it enacted^ That this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCLXII. A Supplement to the charter of the Bridgeton and Port Norris Railroad. 1. Be it enactkd by the Senate and General AssetnUy Persons neg- of the State of New Jersey y That it shall be lawful for the cSre°tfcket8^"*" compauy Operating the Bridgeton and Port Norris Railroad, Sf ex^ces's!*'^^^** ^^ cliargc any person or persons neglecting to procure their tickets before entering the cars, when there are ticket agents at the stations, an excess of five centa on the regular fare. 2. And be it enacted^ That this act shall take eftect im- mediatelv. Approved March 31, 1875. SESSION OF 1876. 235 CHAPTER CCLXIII. An Act to change the name of the Ea«t Newark "Wesley Chapel. # 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That the name of the East Name chwigwjw Newark Wesley Chapel be, and the same is hereby I'hanged to the " Wesley Methodist Espiscopal Church." 2. And be it enacted. Tliat all the legal rights und Kabil- RiKht» and .^. x» • J 0.' 1 n • i.1 'x* L\ • . liabilities to ities ot said corporation shall remain tiie same as ii \Xy\& act itmain eaine. had not been passed, and tliat this act shall take effect im- mediately. Approved March 31, 1875. CHAPTER CCXCV. A Further Supplement to the act entitled " An Act to in. corporate Kepaupo Meadow Company." Whereas, By an act of incorporation to enable the owners PreMnbi«. and possessors of tlie meadow and marsh adjoining Re- paupo creek in the county of Gloucester, to erect and maintain banks, dams and water works sufficient to pre- vent the tide from overflowing tlie same, passed Novem- ber twenty-eighth, one thousand eiglit luindred and thirty- one, the owners and possessors l)y that act feel aggrieved by the inequality of the manner of voting ; therefore, 1. Be it enacted by the Senate and General Assembly of the State of Nexo Jersey^ That in all cases of an elec- M«de of voting. tion of officers or for othei purposes (excepting for commis- 236 PRIVATE LAWS. sioners) the mode of voting shall be in person or by proxy, in writing duly executed, or by guardian for his or her ward or wards, in the following ratio : every person owning or possessing meadow in said (company shall be entitled to one vote for every one hundred dollars, or any fraction over fifty dollars, as shall appear by present assessment or any assessment hereafter to be made, and every owner or pos- sessor of meadow not to the amount of one hundred dollars, shall be entitled to one vote for the same. Act not to take 2. And Be it enacted^ That this act shall not take effect wew valuation Until after a new valuation of the 'meadow of the said com- ij made. pany, and the new valuation shall not be made unless au- thorized by a majority of votes at a special meeting of the company, to be held within sixty days after the passage of to*be madTby*** ^^^^^ ^^^f *^^ ^'^^ ^^^ Valuation to be made by three commis- oommS8€ioners. sioucrs appointed as prescribefl in section ten of the act to " which this is a supplement. ■Bepeaier. 3. And be it enacted^ That all acts and parts of acts in consistent with this act are hereby repealed. 4. And be it enacted^ That this act shall be a public act, and take eifect immediately. Approved April 1, 1875. CHAPTER OCXCVI. A Supplement to the act entitled " An Act to incorporate the Newark, Harrison and Kearney Horse Railroad Com- pany," approved April the fourth, eighteen lumdred and seventy-one. 1. Be it enactted by the Senate and General Assembly iJJi??^®'^'"' A of the State of New Jersexi. That the eighteenth section of f>leti0D of road \ i . i . i . • i -% i i i extended. the act to whicu this 18 a supplement, be so amended that the time specified for the completion and operation of said railroad be extended to one year from the fourth dav of July, eighteen hundred and seventy-five. SESSION OF 1875. 237 2. And be it enacted^ That the said corporation shall be corporation subject to like and similar charges, taxes, assessments and M»^men\"^ expenses for the grading and paving of any street or avenue J^j-Jj^^g^*"* throiigli which it nms, as other horse railroad companies are 8i"»ts, etc. subject to in the city of Newark. 3. And be it enacted^ That all acts or parts of acts incon-Repe^er. sistent with the provisions of this supplement, be and the same are hereby repealed. 4. And be it enacted^ That this act shall take effect im- mediately. Approved April 1, 1875. CHAPTER CCXCVII. An Act to chansre the name of John Adam Kachele. 'to' 1. Be it enacted by the Senate and General Assembly of the State of Nexo Jersey^ That the name of John AdamNams ciaaged. Kachele, of the city of Jersey City, in tlie county of Hud- son, be and the same is hereby changed to Adam John Kachlee, and by the last mentioned name he shall be known in all courts, places and proceedings, and he shall possess and enjoy all the rights, powers and privileges which he would have possessed and enjoyed had he retained his origi- nal name. 2. And be it enacted^ That this act shall take effect im- mediately, and shall be taken in all courts and places as a public act. Approved April 1, 1875. 238 PRIVATE LAWS. CHAPTER CCXCVIII. Preamble. A.cfc roTived. PrOTlBO. An Act to revive an act, entitled " A Further Supplement to an Act, entitled ' An Act to incorporate the Newark and South Orange Horse Car Railroad Company,' " ap proved April sixth, one thousand eight hundred and sixty- five, which further supplement was approved March eighteenth, one tliousand eight hundred and seventy-four. Whereas, At the last session of the legislature an act was passed, entitled '* A Further Supplement to an act to in- corporate the Newark and South Orange Railroad Company," approved April sixth, one thousand eight hundred and sixty -five ; and whereas, the same has become inoperative and void, because the parties interested there- in have failed to pay the assessment required by law, which failure has arisen from inadvertence and mistake: now therefore, 1. Be rr enacted iy the Senate and General Assembly of the State of New Jersey^ That the said act is hereby revived and declared to be in full force ; provided^ the parties interested therein shall pay or cause to be paid on or before the first day of May next, all assessments due there- on, according to the terms of the act of the state of New Jersey, entitled " An Act to increase the revenue of the fitate of New Jersey," approved March sixteenth, one thou- sand eight hundred and fifty-eight, and the supplement thereto, approved March eighteenth, one thousand eight hundred and fifty-nine, and also ten dollars additional fee for this supplement. 2. And be it enacted^ That this act shall take effect im- mediately. Approved April 1, 1875. SESSION OF 1875. 239 CHAPTER CCXCIX. An Act to amend, extend, and increase the corporate pow- ers and privileges of The New Jersey Homestead Com- pany. 1. Be n ENACTED by the Senate and General Assembly of the State of New Jersey^ That The New Jersey Home- Power to in- stead Company, a corporation duly organized imder and by oFdirectora! vii'tue of " An act to authorize and encourage the improve- ment of property in this state, approved April ninth, eigh- teen hundred and sixty-seven," shall have power to increase the number of the directors thereof from five, the number fixed by said act, to any convenient number not, however, exceeding fifteen, a majority of whom may reside in this state or elsewhere, as may best promote the interest and advance the prosperity of said organization. 2. And be it enacted. T\x^\.\\\ addition to the riffht to May buy, seii, 161186 hirO ftDQ build houses and improve real estate, as provided in the cultivate lands, aforesaid act and the certificate of incorporation, it shall be ''"*"*®'' ®^^- lawful for the said New Jersey Homestead Company to buy, [ sell, lease, hire, and cultivate lands, quarries, and water powers, manufacture lumber, lime, lath, and all other arti- cles and materials required in the erection, building and furnishing of houses and other buildings, and for this pur- pose may build dams, mills, kilns, and other structures for the manufacture, storage, transportation, and sale thereof; the said company shall also have power to issue bonds, bear- May issue ing interest at a rate not to exceed seven per centum per^°*** annum, and sell and dispose of the same at market value, and to secure the payment of such bonds said company shall convey, or pledge, by way of mortgage, trust deeds, or other- wise, such portions of the property of said company as the directors may deem necessary for such purpose ; provided^ ProTiao. the amount of such bonds shall not exceed the amount of the full paid capital stock of said company. 240 PRIVATE LAWS. Failure to elect 3. And be it enacted^ That in case it shall at any time poratio" not" happen that the meetings for the election of directors shall or ^mpifrluie ^^^ ^^ ^^^^^ on the day prescibed by the laws of this state of property, qf by-law8 of Said company, or in case of a neglect or omission to comply with any other formal or non-essential provision thereof, such failure, neglect, or omission shall not affect the validity of said corporation, nor impair the title to any property held or conveyed by said corporation ; but such election mav be held as soon thereafter as the same shall have been ordered by the directors. 4. And be it enacted^ That this act shall take effect im- mediately. Approved April 1, 1875. CHAPTER CCC. A Supplement to an act entitled, "An act to incorporate the New Jersey Conference Camp Meeting Associatiou,'* approvexl — Preamble. Wherp:a8, the directors of the New Jersey Conference Camp Meeting Association, at a meeting held on the seventeenth day of August, eighteen liundred and seventy- four, resolved to borrow for and upon the credit of swd corporation, the sum of ten thousand dollars and to issne the bonds of said corporjMtion therefor, and to secure the payment of said bonds by issuing to the holders thereof the stt)ck of said corporation, with the privilege of voting on said stock at all meetings of said corporation ; and whereasy at the regular annual meeting of the stockholders of said corporation, the aforesaid action of said directors was approved ; now therefore, to prevent all doubt as to the right of the holders of said stock to vote on the same- Holders of stocv 1. Be IT ENACTED bt/ the Senate and General AssenMy SSJttogi! ""^ *" ^f ^^^ ^^^^^ ^f -^^^^ Jersey, That it shall and may be law- SESSION OF 1875. 241 ful for tlie liolders of any and all stock of said corporation issued as aforesaid, to vote thereon at any and all meetings of the sto<*kholder8 of said coi-poration, in the same way and manner as if said stock had been issued and sold to them absolutely; and further that all elections of officers of Elections deci»- sadd corporation, at which said stock or any part thereof^ was voted upon, be and the same are hereby declared to be valid and effectual in law, and that this act shall take effect immediately. Approved April 1, 1875. name CHAPTER CCCI. An Act to incorporate the Long Beach Club of New Jersey. 1. Be it enacted by the Seriate and Ge?ieral Assembly of the State of New Jersey^ That Edward P. Miller, Gov- Corporators, encur Morris, George S. Greene, junior, James E. Baremore, James M. Miller, Minot Mitchell and Frederick W. Leonard, and such other persons as are now or may hereafter l)ecome associated witli them, are hereby constituted a body corpor- ate by the name of the " Long Beach Club of New Jersey," corporate for the protection, increase and capture of fish and game. 2. Arid be it enacted^^ That the capital stock of said capiui 8t«ck. <»,orporation shall be ten tliousand dollars, with the privilege of increasing the same from time to time as said corporation j^ the elec^ior^ of directors thereof. • • 4. Andb^tt enacted^ That the number of direcrtors of said Number of m- corporation snail not be less than live nor more than seven, ™* all of whom slmll be stockholders and residents of this state, and one of whom shall l)e president, who shall hold their otKces for ohe year and until others are elected in their ft/ 8tead, and every year thereafter, at such time and place in eaid city of Bridgeton, wliere the principal place of business of such corporation shall l)e, as the by-laws of said corpo- tion sliall direct, an election shall be held for d i re c>tors Annual eioc- thereof, at which election every stockholder shall l)e entitled to (me vote for every sluire of stock he may own, and in case it shall happen at any time that an election shall not beheld oil the dav on which it oui^ht to have been ma(U\ the said corporation shall not for this reason be deemed to be dissol- Failure to elect, ved, but it sliall and may be lawful to hold such deletion onSSved. ** such other days as said corporation may directt. 5. And be it enacted y That this act shall take effect im- mediately. Approved April 1, 1875. CHAPTER CCCrX. An Act to incorporate Lawrence Grange, No. 40, of Patrons of Ilusbandrv. of the state of New Jersey. • fc » 1. Be it enacted by the Senate and General Assernbly of the State of Nev^ Jersey^ That William B. Welling, corporators. William C. Brearlev, Samuel Girton, (ireorge W. Johnston, George Zerwick, I^evvis Reeder, Benjamin Satterthwaite,and James AI. Ilendrickscm, and their a^^sociates and successors. 246 PRIVATE LAWS. be and they are liereby constituted and declared a body corporate and politic in fact and in law, by the name of Corporate name I-'^^^'^'^^^® ^""^^^g^' ^^' ^^'. ^^ Patrons of Husbandry, of and powers. tlic State of New Jersey, witli power to have a common seal, and to use and change the same at pleasure, and with fiill power and authority to purchase and to liold such real and personal estate as it shall deem necessary for the purposes of said corporation, and the same or any part thereof to sell, mortgage, lease, or otlicrwise dispose of at pleasure. Capital stock. ^- A 7id be it enacted, T\mt the capital stock ot the said corporation sliall not exceed the sum of twenty thousand dollars, wliich may be divided into shares of such amounts, and transferable in such manner, and upon such conditions as such corporation by its by-laws shall prescribe. Power to make 3. ^l/ul be it eiiactecC, Tlxfit said corporation shall have f"ws,etc.^ ^ power to make and adopt by-laws and regulations for the election of officers, and to prescribe their duties, and for the general management of its affairs, and from time to time may alter and repeal the same. 4. And be it enacted, That this act shall take effect im- mediately. Approved April 5, 1875. CHAPTER CCCX. An Act to incorporate the Hopewell Printing" Company. 1. Be it kn acted by the Senate and General Assembly Corporators, of the State of New Jersey, That Joseph W. Anderson, Joseph H. VanCleef, Rynear S. Merrill, and all who may become holders of shares or any part thereof in said com- pany, shall become and be a corporation by the name, style Corporate name and title of "The Hopcwell Printing Company," \nth powers. pQ^vej.^ Jn addition to the general powers set forth in an act entitled " An act concerning corporations, approved February fourteenth, A. I), eighteen hundred and fort3"-six,'' and the SESSION OF 1876. 247 ft several supplements thereto, to do a general publishing and printing business, including the power to do all acts and things incident to such a publishing and printing business, as well as to exercise all other powers liereby granted. 2. Audit be enacted^ That the capital stock of said com- capital stock. pany shall consist of thirty (30) shares, which shares shall be deemed personal property, and transferable on the books of the company in sucli manner as the by-laws of the com- pany shall prescribe ; each share of said stock sliall be enti- tled to one vote in person or by proxy, and fractions of a share to a fractional vote equal to such fractional share, at all elections and meetings of the shareholders of the com- pany ; the directors of the company sliall have power tiOp^^^^^^^j^.^^ exchange the whole or any part of said shares for property tore. or money, at sucli rates and upon sucli terms as they shall deem expedient, and for the best interests of the company ; And when anv of said shares sliall have been exchanged for money or property, the directors shall have power to declare the same to be full paid, and holders of all or any shares of said company so declared to be full paid, shall not be liable to the company for any assessments or instalments upon such shares. 3. And be it eriacted^ That there shall be an annual meet- Annual meeUng ing of the shareholders for the election of directors, and to transact such other business of the shareholders as shall •come before the meeting, to be held at such time and place HS the by-laws of the company shall prescribe ; the affairs of the company shall be managed by a board of management AflfUre to be w-hich shall consist of five directors, who shall be share- Soarf*^ cJreo- holders in the company, and w^ho shall hold their places until ^^"'* their successors are elected or appointed in their stead ; but JToseph W. Anderson, Joseph II. VanCleef, and Rynear S. Fi«t diroctora. Merrill, shall be the first directors of the company, and they or a majority of them shall liave power to fill the existing vacancies in the board of management ; but all subsequent vacancies shall be filled in such manner as the by-laws shall prescribe ; three directors shall constitute a quorum of the board of management, sufficient to transact all the business of the company. 4. And be it enacted. That said company may, if it be May change T 1 j»^i -^ 1 name and aa- deemed expedient, change its name and assume a new name, sume new namo And when a copy of a resolution of the board of manage- 248 PRIVATE LAWS. fllcd. ProTiso. ment changing itb name and assuming a new name, certitied by tlie Beal of the company impressed thereon, attested bj Certificate to be ^'^^ signatures of the president, secretary and the holders of a majority of tlie shares of the stock of the company, ^al) have been tendered to tlie secretary of state of this state, to be tiled and recorded in his otHce, thereupon and thereafter said company shall be known and known only by the name assumed in such certified ve^o\\\X\oji\ jyrovided^ that notluiig contained in this section shall be construed to reduce an? liability of tlie company. 5. And be it enacted j That all acts or parts of >i«ts incoD- sistent with tliis act, so far as they eflet^t this act, are hereby repealed. t). A7id be It enarfed. That this act shall take eflbttt im- mediately. Approved April (>, 1875. Repealer. CHAPTER CCCXr. ■ A Further Supplement to the a(;t approved March twentieth, one thousand eight hundred and sixty-seven, entitled '* An Act to incorporate the Xew Jersey Sugar Refining Com- pany.'' 1. Be rr enacted by the Senate and Oeneral Assemtiy Company may of (he State of New Jersev. That it shall be lawful for the wtrec witu any /*/*/' peraoD or cor- said company, and any other corporation, or any individual JuppVy "f^atcr. or individuals, to agree together for tlie supply of water to said first mentioned company, at such rate and on swch terms as may be mutually agreed upon, and that it shall be May lay down lawful for Said first mentioned company to lav down all Dines etc* i » •• necessary pipes for conducting such waters from any place in the county of Hudson to their refineries, without the let. Proviso. hindrance or disturbance of any person or authority ; pro- vided^ that said pipes shall be laid in any public streets or SESSION OF 1875. 249 highways, or with the consent of the owneii* in any plai-ie not a public highway ; and provided^ further^ that such pipes Provisio. shall be laid and from time to time repaired nnder the direction and superintendence of the officer having the care, charge, or superintendence of any street in which they shall be laid, and tliat said company shall at all times, in the ex- ercise of said rights, be subject to the regulations of the local authorities, so as they shall be reasonable, and do not deprive of the right hereby granted ; and j)7'ovid€d further^ ProviJ^). that nothins: herein shall authorize anv a£:reement for the supply of water which shall take the place of the supply of water obtained by said company from the public water works of the city of Jersey City, or which shall be applied to the uses to whicli said supply from said water works is. applied. 2. And be it enacted^ That this act shall take cftect im- mediately. Approved April (>, 1875. CHAPTER CCCXXXV. A Supplement to an act entitled "An Act to incorporate the Germania Savings Bank, of Jersey City," approved the twenty-ninth day of March, in the year eigliteen liundred and seventj'-one. 1. Be it enacted ^y the Senate and General AssemBly of the State of New Jersey^ That the board of trustees of Board of tru»- the corporation created by the act to which this act is ft s"p- monev8^and?o pleinent, may make any order for, or give authority to make j^n and^tranii- any investment of moneys, and to sell and transfer any other pecuritieB. Btock or securities belonging to tlie said corporation, by the atiirmative vote of at least seven members of said board, at any regular or special meeting thereof ; and that any stand- ing committee of said board of trustees, elected or appointed 250 PRIVATE LAWS. by the votes of at least seven concurring trustees, at a regu- lar meeting of the said board of trustees, may also make any such investments of money, and order and authorize the sale and transfer of any stock or securities be- longing to the said corporation, when and in such manner and with such restrictions as sliall be provided for by the by- laws of tlie said corporation. depoJr^i^siIS ^- And be it enacted^ That the said corporation may re- «ot exceeding a (jeive on deposit from any person or coi*poration, anv sum certain amount. _,^ , jin '•- not exceedmg ten thousand dollars. Depositor may 3. And be it enacted^ That in case any depositor with JSent®*PP^^°*"the said coi-poration shall appoint any person, to whom his or her deposit or deposits shall be paid, in accordance with tlie provisions of the ninth section of the act to which tliisaet is a supplement, such depositor may revoke any such ap- pointment in the same manner such appointment is required vok "Ippoint to be made ; and in default of any such revo<*ation, the ™«°t..,:J"on«y monev deposited by such depositor, and the accrued interest deposited how •' Tni -t. i -i i paid. thereon, shall be paid m accordance with sucli appomtment, wliich payment shall be a full discharge to the said corpora- tion for the money paid by it. ^^Hl^'S?^*^ 4:. And be it enacted. That the books of said corpora- poration not to . , ,, , , . . , . ^ ^ be opened for tiou sliall uot be opcu to tlic inspcctiou or the examination ot inspection. , .. j -^ j. i i • any depositor or depositors, except only upon and m pursu- ance of an order made by the chancellor, for some good reason or cause, to be determined by the chancellor, such order only to be made upon notice to the corporation of the time and place when and where it can be heard in opposition to the making of said order. 5. And be it enacted^ That this act shall be deemed a public act, and shall take effect immediately. Approved April 7, 1875. SESSION OF 1875. 251 CHAPTER CCCXXXVI. An Act to incorporate the " Hope, Knowlton, and Blairs- town Horse* Protection Society." 1. Be it enacted hy the Senate and General Assembly of the State of Neio Jersey^ Tliat Bartlett Larue, Samuel ^^'p<*™^<*"- S. Bogart, George Hiles, John H. Blair, David Cooke, Stewart B. Hildebrant, Isaac Lida, Martin F. Read, Calvin Raul), Williamson H. Liverton, and others, their associates, successors, and assigns, sliall be and they are hereby created a body politic and corporate in law and in tact, by the name of the ''Hope, Knowlton, and Blairstown Horse Protection Corporate name Society," and by that name they and their successors shall have perpetual succession, and shall have power to sue and be sued, and to defend and be defended in all courts and places whatsoever, and they and their successors may have a common seal, and may change and alter tlie same at pleasure, and also that they and their successors by the name of the "Hope, Knowlton, and Blairstown Horse Protection Society," shall l)e in law capable of purchasing, possessing, ^^'.'rJhasT^n^j^^ and enjo^'ing, to them and to their successors, lands sufficient imsesa lands to to enable them to erect a suitable building thereon, in which Indidin^, etc.^ to hold their place of meeting, and transact the business of the said corporation, and grant, demise, sell, and dispose of tlie 8*ime at their pleasure, and also to hold such goods and chattels, rights, credits, and effects of what nature and kind soever, necessary for tlie purposes of this corporation, and to sell, and dispose of the same at their pleasure, and also 5iJpoJ|"iandl may make, establish, and enforce all sucli by-laws and regu-®^*^- lations as to tliem shall seem proper and necessary for the purpose of carrying out and enjoying the purposes of this <;orporation. 2. And be it enacted^ That the object of this corporation *^^j^^*®- «hall be to indemnify, and pay its members for the losses and damages they may sustain by reason of having tlieir horses, mules, wagons, sleighs, liarness, and sulkeys stolen or taken from them by tlieft. 252 PRIVATE LAWS. Office.. Affairs tu ho managed hy board of direc- tors. First oli*oti«>n. Failure to elect directors not to be dittsolvod. First directors. Elt-ct Ion of Pre- sident. Power to a|»- polnt otii(\*rs. 3. And he it enacted^ That the office of said company i^hall be located at such place in either of the townships of Hope, Knowlton, or Blair.-^town, in the county of Warren, in this state, as the hoard of directors of said corporation shall direct. 4. Aiid be it enacted^ That tl)e property and affairs of said corporation shall be niauagcnl and c^Hiducted by nine directors, to l)e (thosen by ballot by and from among the members, to hold their office for one year, and until others are chosen to till their ]>laces, and the election for directors shall be held on the first Saturday in January, in every vear, at the office of the company or such other place as a majority of the directors for the time beiuiij shall appoint, of wliich (Section the secTetarv shall give publit* notice in two news- papers printed in the county of Wan-en, for at lejist two weeks immediately precedini; such electioii, and if any director or directors elected at such election, shall die or refuse to serve, or neglect to act in the siud office for the space of three months after sudi election, tl>eii and in every such case the remaining directijrs shall have power to fill such vacjancy or vacancies until the tinie of the next annual election ; and in case it sliall happen that an election of direc^tors shall not be held on the day when pursuant to thL^ act it ought to have been hehl, the said corporation for that cause sliall not be dissolved, but it shall and may be lawful on any other day to hold an election for directors, and until an electicm for directors shall be held according to the pro- visions of this section, the following persons shall Ihj directors, namely : Bartlett Larue, Samuel S. Itogart, George Ililes, John II. Blair, David Cooke, Stewart B. Hildebrant,. Isaac Lida, Martin F. Read, Oalvin Raub, and Williamson II. Liverton. 5. And be it enacted^ That at the first meeting of -the directors, held after the passage of this act, and at every annual meeting of the directors in each year tliereafter, they shall choose from among themselves one person for president, who shall continue in office until the next annual meeting, and until another shall be appointed in Iiis plat^. t>. And be it enacted^ That it shall and may be lawful for the said board of directors to choose and appoint a sec- retary and treasurer for said corporation, and sucih other officers as, in their judgment, they shall think it proper and SESSION OF 1875. 253 necessary and for the interest of the said corporation to ap- • point, and to require the treasurer to give bond in such sum of money as the said board of directors sliall designate for the faitliful performance of his duty as such treasurer. 7. And be it enacted^ Tliat all persons wlio have paid up who considered all dues and assessments required of them by the by-laws*"*^"* '^"' ^nd constitution of what has been heretofore known as the " Hope, Knowlton and Blairstown Protection Societ}^," for tlie detection of horse thieves, shall be considered ipeml)ers of this corporation. 8. A7id be it enacted, That any person may become a Persons may member of this corporation by paying such sum as the ^r^by pay-' board of directors may, by tlieir by-laws, adopt as an initia-Ji*^n fee.^ *°^'**" tion fee, and by complying with all the rules and regulations •establislied bv tlie said board of directors. 9. And be it enacted. That in case any member of the Gorporatii»n to said (corporation sliall lose any of tlie property named in the vjKie'of")rV«r- second section of this act, by theft, it sliall be the duty of ^y"^"'®"- the said corporation to pay such person for the value of the property stolen, and if the board of directors and the owner of the said property cannot agree upon the value of the fiaid property the said board of directors shall select a proper person, and the said owner sliall select a proper person,- to make an appraisement of the said property, which said ap- praisers shall be sworn to make a true appraisement. of the said property, and the appraisement of such appraisers shall be final and conclusive between the parties ; j)?'07nded, that ^^'■oviso. no horse shall be appraised at a higher sum than three hundred dollars. 10. And be it enacted^ That in case tliere should not be power lomako sufficient money derived from initiation fees to pay the losses upon^"membera incurred bv theft of the propertv named in the second sec- ^o l»<^<^^ *o»»e» ♦: ^» i.1 •" i. 1 J.1 x« i.1 -J and expenses. tion oi this act, and tlie necessary expenses ot the said cor- poration, it shall be lawful for the board of directors to make an assessment upon the members, from time to time, to raise money sufficient to meet such losses and expenses, «nd to enforce the collection of such assessment from all delinquent members by suit at law, or otherwise. 11. And be it enacted. That in case the said corporation ^j^y i^^g^t shall at any time have on band more money than is required ™oney on hand, for the payment of their losses and necessary expenses, it «hall be lawful to loan out said money on such security and 254 PKIVATE LAWS. for such time as the said })oard of directors shall direct, and to enforce the collection thereof, in case of non-payment, in any court of law or equity. Ma rovideb ^^' And be it etiacted^ That it shall be la^\iTll for the laws for pay- said board of directors to provide, by their by-laws, for the etc." ^ ^^^ appointment of all such committees for the detection and pursuit of thieves, and for the payment of rewards to per- sons capturing tliieves and finding and returning the prop- erty stolen, as they may deem proper. Property when 13. And he it enacted^ That when the property stolen turnSi,*'actuai shall be found and returned to the owner it sliall be the duty paid^ownen*' of the said corporation to pay said owner for the actual damage done to the property wliile it was out of his pog- session. 14. And be it enacted^ That this act shall take effect im- mediately, and shall be a public act. Approved April 7, 1875. CHAPTER CCCLI. A Further Supplement to the a(*t entitled " An Act to in- corporate the Passaic Water Company," approved Fel»- ruary thirteenth, one thousand eight liimdred and forty- nine. 1. Be it enacted by the Senate and General AssenMy Corporation au-^y* the State of New Jersey^ That the Passaic Water Coni- chase^d^ac-"'" P^^y ^^® hereby authorized and empowered to purchase and ri*hts*"etc*' ^^acquirc all the property whatsoever, real and personal, stock, Frank'iin i!ake franchises, powcrs, rights, and privileges of the Franklin coSSoUdate*^ '** Lake Company, incorporated by an act entitled " An Act to stock. incorporate the Franklin Lake Company," approved April ninth, one thousand eight hundred and sixty-eight, and any supplement thereto, or to consolidate the stock of said Franklin Lake Company with that of the said Passaic Water SESSION OF 1875. 255 Company, and upon such pui'chase and acquisition as afore- said, or consolidation as aforesaid, the said Passaic Water Company shall be vested with all the property, stock francliises, powers, rights, and privileges which said Franklin Lake Company have or may be in any way entitled to at the time, by such purchase and acqui- sition, and therefrom and thereafter, they shall be used, exercised, and enjoyed by the Passaic Water Company, in the same manner as the other property, stock, franchises, powers, rights, and privileges of the said Passaic Water Company are or may be used, exercised, and enjoyed. 2. And be it enacted^ That upon the purchase and acqui- May issue bonds sition of the property, stock, franchises, powers, rights, and the^property,*^ privileges of the Franklin Lake Company aforesaid, the said eff^' p^^^"' Passaic Water Company are authorized and empowered to issue bonds payable to the bearer, bearing interest at seven per centum per annum in payment therefor, and to secure tlie said bonds by a purchase money mortgage, upon the said property, stock, franchises, powers, rights, and privileges whatsoever purchased, and to further secure the said bonds by making the said mortgage also cover all the property whatsoever, real and personal, stock, franchises, powers, rights, and privileges of the Passaic Water Company, sub- ject to any previous mortgages upon the same ; and, in case of a sale and conveyance under a foreclosure of the said mortgage, it is hereby further enacted^ that the purchaser upon such sale and conveyance shall be vested with all tlie property, stock, franchises, powers, rights, and privileges (^.^rpo^tion'-in- which the said Franklin Lake Company, or the Passaic J««^^*J JJ^^^' »ii Water Company had or miglithave been in any way entitled to before or at the time of making the said mortgage, and from and after such sale and conveyance, the said property, stock, franchises, powers, rights, and privileges shall be used, exercised, and enjoyed, by the said purchaser in the same manner, and as fully to all intents and purposes as the said property, stock, francliises, powers, rights, and privileges were or might have been had, used, exercised, and enjoyed by the said Franklin Lake Company, or by the said Passaic Water Company, or either of them. 3. And he it enacted^ That section eleven of the act afore- Repealer, said to incorporate the Franklin Lake Company be and the same is hereby repealed, and that said company is hereby authorized to make the sale or consolidation aforesaid. 256 PRIVATE LAWS. 4. A7id be it enacted j That this act shall take effect im- uiediatelv. Approved April 8, 1875. CHAPTER CCCLII. A Supplement to an act entitled " An Act to incorporate the Hackensaek Water Company," appnived Man-h twelftli, eighteen liundred and sixty-nine. 1. Be rr enacted by the Senate and General AssemUy War inercaso of the State of New Jersey^ That said company may, by and cipitai stock. 'v\'itli the consent of the holders of a majority of its stock, incretu^e its capital stock to the sum of five hundred thousand dollars. Authorized to ^- And be it enacted^ That the president and directors of SSrsUes^foi ^*^ ^^^^ company are hereby authorized and invested with all reservoirs, flic rifjhts and powcrs necessary and expedient to survey and ftQueducts etc, •/ 1. •> ' ' lay out the site or sites of reservoirs, drains, ditches, con- duits, aqueducts, pipes, fountains, water wheels, force pumps and all other devices and work which thev mav deem necessary for supplying all that part of the county of Bergen which lies east of the Hackensaek river with water for domestic and such other uses as may conduce to the health and comfort of the citizens, and it shall be lawful for said president and directors, or their employees, to enter at all Mar enter upon times upou all lauds in said county, east of said river, and surveys and fiurvcy, and locatc all reservoirs, drains, ditches, aqueducts, ^towor-H i)ipes, fountains, water wheels, fo>ce pumps and buildings, and all other necessary works and appendages thereto, doing no unnecessary damage to private or other property, and tx) take possession of, have, hold, use, occupy, excavate, erect rcseivoirs, water wheels, buildings, pumps and all otJier machinery upon said land, and do all other things suitable and necessary for completing and keeping in repair the works hereby contemplated, subject to such compensation as is hereinaftor provided for. SESSION OF 1875. 257 3. And be it enacted. That when the said coin])any or Prctuedings in , •11 *l"i caite company its agents cannot agree with the owner or owners, or other and owner or persons interested in any land which said corporation may SJree'w^fo^iwid desire to use and occupy for the purposes aforesaid, as to tlie "^"^'^' ®*<^- compensation to be paid to any such owner or owners or other person interested, or in case such owner or person be absent from this state or under legal disability, it sliall be the duty of any judge of the court of common pleas of said county, disinterested in the premises, upon application by said corporation, and upon two weeks' previous notice pub- lished in a newspaper at Hackensack, or served upon such owner or person if resident in said county, to appoint three disinterested commissioners to assess the amount of damages to be paid by tlie said company, whicli commissioners, be- fore entering upon their duties, shall be sworn faithfully to ex- ecute the duties of said appointment, and said commissioners shall forthwitli proceed to appoint a time and place to meet, like notice of which meeting shall be given, at which time and place they sliall meet and proceed to view the premises^ and said corporation shall make and exliibit to said commis- sioners at said meeting a statement and description, in writing, or by drawings or maps or both, of the lands by them sought to be taken, and of the use, occupation of, and excavations upon any lands by them sought to be made, said commissioners shall thereupon ascertain and assess the dam- ages afoi esaid, and make report in writing to said company, wliicli report shall be tiled in the clerk's office of said comity ; provided^ that this act shall not authorize the taking of P^-o^i^o- any lands under water, water, water-courses, springs or ponds, witliout the consent in writing of the owner or own- ers thereof. 4. And he it enacted^ That before taking possession or J^JJjj^p*^™®"^ entering thereon to excavate or occupy, said company shall lands vested in pay or tender to such owner or person interested, or to the ^®'^**'*'^ ®"' clerk of said coimty, the amount of damages so awarded, and the award of said commissioners and the payment or tender, as aforesaid, of said damages, shall vest in said cor- poration tlie lands, rights and privileges by tliem sought, described and set forth in said statement and description, in all respects the same as if the same had been conveyed to said corporation by said owner or owTiers, or persons inter- ested, under their hand and seals. 17 258 PRIVATE LAWS. PaHiesdiasatis- 5. Ami be It enacted, That if either party is dissatisfied of^cSiimurioS^witli the award of the eoiiimissioiiers tliey shall have the ere may appeal. ,.ig]j|- |-^ appeal as provided in section eighth of the act to which this is a supplement, and that sections ninth, tenth and eleventh of the act to which this is a supplement are hereby extended and made applicable to tlie purposes con- templated by this supplement, as fully as if the same were lierein set forth at length. Power to bor- 6. .Alul he it enacted. That said corporation shall have row money and , , , ' i* ^ ^ . secure the same powcr to Dorrow sucli suni or sums ol moncy, from time to by mortgage, ^j^^^^ ^^^ gj^^jj |^^ nccessary to purchase lands or to build, construct, maintain and procure such reservoirs, standpipes, houses, machinery, engines, pumps, pipes, hydrants, conduits and other things necessary for the use of said company, and to secure the payment thereof by bonds or notes of said company, or by mortgage on tlie property, lands, privileges, franchises and appurtenances of or belonging to said corpo- ration. 7. And he It enacted, That this act shall take effect im- mediately. Approved April 8, 1875. CHAPTER CCCLXXm. An Act confirming and making valid the act entitled " Ad Act to incoi'porate the Union Mercantile Association of Swedesboro', Gloucester county, New Jersey, approved March twentieth, one thousand eight hundred and seventj- three." Preamble. Whereas, By the proclamation of the governor of this state, made on the first day of December, one thousand eight hundred and seventy-three, under the provisions of an act of the legislature of this state entitled " An act pro- viding for, declaring, and making known that certain laws SESSION OF 1875. 259 and joint refiolutions liave become inoperative and void, passed tlie third day of March, one thousand eiglit hun- dred and seventy three ;'' among other things the act en- titled "An act to incorporate The Union Mercantile Association of Swedesboro', Gloucester county, New Jer- sey, approved March twentieth, one thousand eight hun- ;'(>?vV/f.^rf', theproyiso. said piers, docks, wharves and bulkheads, sliall not obstruct the navigation of tlio Hudson river, or in any way impair the rights of the state to su(^h lands under wat(»r ; and for the purpose of enabling said company to determine where said docks, piers, wliarves and bulkheads can be located and constructed to the best advantage for the purpose aforesaid, it shall be lf).wful for the said company by its agents, en- gineers, officers or other persons in their employment to enter upon all lands lying along tlie Hudson river north of Fifteenth street, in the city of Hoboken aforesaid, whether the same be covered by water or not, for the purpose of ex- ploring, surveying and locating said piers, docks and wharves or other improvements, doing no unnecessary damage to private property, and when the location of said piers, wharves, docks and bulkheads shall be determined, and a survey of the same deposited in the office of the clerk of Hudson county, it shall be lawful for the said company by any of its officers, agents, superintendents, engineers, contractors or other persons in their emploj', to enter upon, take possession of, have, hold, use and occupy any such lands not exceeding three hundred feet in width, and to build docks, piers, wharves and bulkheads, and all other necessary works and structures for the purpose aforesaid, which may be neces- 264 PEIVATE LAWS. sary to carry into effect the purposes contemplated by Proviso. this act ; ^;r(>i'/^/"e(f, tliat where such lands are not purchased by or given to said company, payment or tender of payment of all damages for the occupancy of said lands to be deter- mined as hereinafter provided, shall be made before the ssud company si mil enter upon or occupy said lands except for the purpose of surveying tlie same, as hereinbefore men- tioned. 7. A7id be it enacted. That if the the said company, or case company its officcrs or agcuts, cauuot agree with the owner or oxraers with^owner^ or of sucli required lands or water rights, for the use or pur- fa'^droJ^iater^'l^'^se thereof, or if by reason of the incapacity or the ab- rights required, senc'c of sucli owucr or owucrs, uo such agreement can be made, as particular a description as the case will admit of tlie land or water, or other rights so required for the use of the said company, shall be given in writing under the oath or affirmation of some engineer or proper agent of said ccm- pany, and also tlie name or names of the occupants or owner?, if known, to one of the justices of the supreme court, who shall require the said company to give notice of said application to the persons interested, if known, and in this state, to make publication as he shall dii'cct for any term not less than ten days, in two newspapers published in Hud- son county, and tlie said justice shall appoint a time and place for the appointment of three disinterested commis- sioners, residents of tlie state of New Jersey, to view said lands ; and at the time and place appointed, upon satisfac- tory evidence of the service or publication of said notice, the said justice shall appoint three disinterested commis- sioners to appraise the value of said lands and water rights, and the damaijes which may be sustained bv the owner, bv the taking of the same by said company ; and the said com- missioners, having first taken an oath or affirmation in writing before a justice of the supreme court, faithfully and impartially to execute the duties of said appointment, shall, after giving ten days' notice to both parties, where said par- ties reside in this state, view the premises and hear the par- ties and their evidence, if so desired, and thereupon make such appraisement of the value of said lands or water rights and of the damages sustained by the owner, as to them shall appear just and proper, and shall transmit such appraise- ment and award in writing, under their hands and seals, to SESSION OF 1875. 265 the justice who appointed them, to be by him returned and filed in the office of the clerk of said county of Hud- son, together with all the papers before him, there to be kept as a public record, and the said commissioners shall imme- diately notify both parties that they hare made their report relating thereto ; and if either party shall feel aggrieved l)y the said appraisement and award of the said commissioners, Ssf either ^^ the party so aggrieved may appeal to the circuit court of g^^^ ^^^ of the said county of Hudson, at the next term after said ap- commissionerg. praisement and award shall be returned and filed as afore- fiaid, by a proceeding in the form of a petition to said court, and the party appealing shall give to the opposite party five days' notice in writing of said appeal, and the tiling of such petition in said circuit court shall vest in said court full power to hear and adjudge the same ; and if required by either party, said court shall award a venire for a jury, who shall view the premises and hear and determine said appeal, subject to the right of writs of error to the supreme court • and court of errors and appeals; the said jury shall assess the value of the land or water rights taken by said com- pany, and all damages sustained or tliat may be sustained by the owner ; and if said jury shall tind a greater sum than w^as awarded by the commissioners, judgment shall be given therefor against the company, with costs, and execution may be issued tliereon, but if the said jury shall be demanded by the owner or owners, and shall find the said sum or a less sum than the commissioners awarded, tlie costs shall be paid by tlie owner or owners, and shall be deducted out of the sum so found by the jury or considered a payment thereon, or an execution may issue therefor by order of the i^ourt, and on payment or tender of payment of the sum so awarded by the commissioners or found by the said jury, or that may be finally determined on an appeal with costs, where costs are adjudged ; said company, their successors and assigns, shall have the right to hold, use, occupy, pos- sess and enjoy, the water rights and lands described in the report of said commissioners, for the uses and purposes au- thorized by tliis act ; provided, that the said company may proviso take possession of said lands and water rights, and use the •same for the purposes contemplated by this act, at any time after tlie appraisement and award of said commissioners, and notwithstanding any appeal therefrom, having first ten- n 266 riilVATE LAWS. dered to the owner or owners the amount of said award, or, in case of refusal to receive the same, or in case of any dis- ability on the part of the owner, or in his absence from the state, liaving paid tlie same into the circuit court of said ProviBo. ('ounty, for the use of such owner or owners ; provided aUo^ tliat if tlie owner or owners of the lands so taken has not complied with tlie provisions of the act entitled " Supple- ment to * An Act to ascertain the rights of the state and of riparian owners in the lands lying under the waters of tlie bay of New York and elsewliere in this state,' approved April eleventh, eighteen lumdred and sixty-four," and bear- ing date Marcli thirty-iirst, eighteen hundred and sixty-nine, the amount provided by said act to be paid to the state, shall be deducted from the award of the commissioners or jury, and upon the payment or deposit, as hereinbefore pro- vided, of tlie remainder of said award after deducting from said award said sum provided by statute to be paid the state, the title to the said lands or water rit'hts shall inure to, and be vested in said company in like manner as if the whole award had been paid, tendered or deposited ; and that any riparian right of the state in and to the shore or tide-way out into the river to the exterior line fixed bv law, included in, described" and intended to be conveyed by deed to the corporators or either of them, shall be, and the title to the same is hereby made over and confirmed to such grantees or grantee, provided they or he pay into the state treasury, when improved, fifty dollars per lineal foot front, to secure the confirmation of said title to four hundred feet lierebv set apart to the public use for a ferry to be established within five years, and to be operated according to the provis- gg-r.^ ions of this law. Authorized to ^' And he it enacted^ That the said company be, and borrow money they are lierebv authorized to borrow such monev not ex- ftnd to secure •/ •< » same by bonds cccdiug ouc-lialf the auiouut of the capital stock of said and mortgages, (j^jjj^p^jjy ^g ^^^y \^q neccssary for the construction of said docks, wharves, piers and bulkheads, for the purpose afore- said, and for furnishing the necessary boats, engines, ma- chinery and for constructing buildings and other improve- ments for the use and objects of said corporation, and to secure the repayment thereof with interest, not exceeding seven per centum per annum, by execmting bonds and mort- gages, or otherwise, on the said w^ater rights, personal pn>p- SESSION OF 1875. 26'7 erty, franchises and appurtenances of, or belonging to the said company ; and it shall not be lawful for the said com- pany to plead any statute or statutes of this state against usury, or in any suit in law or equity instituted to enforce the payment of any bond or mortgage executed under this section. 9. And be it enacted^ That it shall not be lawful at any Unlawful for time hereafter for any owner, captain or other person having owntr°orboat8 control of any steamboat or other boat or vessel, to touclij^^^docks?'^*"^^ or to land at said docks, wharves, piers or bulkherds of said ^i»»rves, etc. company, constructed for the purposes aforesaid, or to re- ceive or to land or discharge any passengers or freight at any of said docks, wharves, piers or bulkheads, or such other improvements as may be made thereon by said company, unless in cases wliere any boat or other vessel sliall be in distress, without consent first liad and obtained from said company. 10. And be it enacted. That if the said ferry shall not^<^*^^®5,*«^>«- •' come YOucL be established and in public use at the expiration of live years from the passage of tliis act, tlien and in that case this act sliall be void ; provided^ tliat any time said company ^®^^**- sliall be delayed by judicial proceedings shall form no part of said time. 11. And be it enacted^ Tliat this act shall take eftect immediatelv. Approved April 9, 1875. CHAPTER CCCCXIX. An Act to incorporate the Montgomery Fire Insurance Company of Jersey City. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey^ That Alfred A. Lutkins, Miles ^^'^p®'*^"- Tiemey, John Craven, Edward Cullen, Charles Murray, Henry' Trapliagen, James Stevens, Patrick Reilly, James 268 PRIVATE LAWS. Keany, Patrick Kelly, George Beck, David Eitlinji^, Patrick H. Laverty, Jacob Wagner, Dand C. Joyce, Patrick J. Condon, Edward P. Kaslam, John Hogan, Patrick Mclf iilty, Michael Sliannon, Henry Gaede, Emil Steiger, Henry lim- beck, Murtha McConville, Frank Leham and all such per- sons as shall become stockholders to the capital stock her^ inafter mentioned, their successors and assigns shall be and are hereby constituted and made a body corporate and p«)l- corporate name itic by tlic name and style of " The Montgomery Fire In- surance Company of Jersey City," and the office of the said company shall be located*iat Jersey City in the countT of Hudson in this state ; and by that name shall be known in law, and liave power to sue and be sued, to defend and and be defended in all courts, whetlier in law or in equity, and by that name may aLo have, purchase, possess and en- joy to them and their successors, lands, tenements and hereditaments, goods, chattels and eifects of what nature or kind so ever necessary for tlie purpose of tliis corporation, and grant, demise, alien and dispose of the same' at pleasure for the benefit of the said corporation ; and may also have a common seal, and alter and renew the same at pleasure; and also create and establish such by-laws and regulations a» shall seem necessary and expedient for the government of said corporation, and put the same into execution ; pnh vided, tlie same be not contrary to the laws of this state or of the United States. Capital stock. 2. A7id he it enacted^ That the capital stock of said company shall be one hundred thousand dollars, which shall be divided into shares of ten dollars each ; and there «hall be paid into the treasury of said corporation by each snh- scriber of the capital stock at the time of subscribing, an installment of twenty-five per centum on the capital stock by him subscribed for, the remainder to be paid in such in- stallments, at such times and upon such notice as the lK>ard of directors of said corporation may determine ; and the When to com- company shall not commence the business of insiu-ance mencebusinesf. , i*^!-! .1 iiii ii^i ^ hereby authorized, until one hundred thousand dollars of the capital stock herein authorized is actually paid into the treasurv thereof in cash. • 3. And he it enacted^ That the business, property aai AffaiMbjnrhom affairs of said company shall be manacled and conducted br not exceeding thirty directors elected for two years, a SESSION OF 1875. 269 jority of whom shall be citizens of this state ; provided^ ProYiso. that at the first election the said directors shall be divided into two equal classes, the term of the first class to expire on the first day of July, eighteen hundred and seventy- seven, or as soon thereafter as others may be elected in their place, and the term of the second class to expire on the first day of July, eighteen hundred and seventy-eight, or as soon thereafter as others may be elected in their place, so that one-half may be chosen every year. 4. And be it enacted^ That there shall be an annual elec- ^^°^j|j^i«^JJ"o«» tiou of directors on the last Monday in the month of June in every year, to fill the vacancies of those wliose term shall have expired, to be held at the oftice of the company, or such other place as a majority of the directors may desig- nate, of which said election a public notice sliall be given by the secretary, in two newspapers published in tlie city of Jersey City, at least two weeks previous to the time of hold- ing: th.e same ; that such election shall be held under tlie di- rection of three stockholders appointed by the directors, slinll be by ballot, by plurality of votes of the Stockholders ; Rud each share of stock shall entitle its owner to one vote at each election, to be given either in person or by proxy ; and if any of the directors sliall die or refuse to act for the space of three months successively, then in every such case the re- maining directors shall have power to fill such vancancy or vacancies for the unexpired tenn thereof ; that in case it Failure to elect should liappen an election for directors should not be held Eation°m)rt7^ on tlie day when pursuant to this act it ought to have been ^ ^*****^^®^* held, the said corporation shall not for that cause be dis- solved, bnt it shall and may be lawful to hold such election on any other day appointed by the board of directors and that the oftice of records of the company shall be kept in the city of Jersey City, in the county of Hudson in this state. 5. And be it enacted^ That Alfred A. Lutkins, Miles Tier- commisaionera ney, John Craven, Henry Traphagen, James Keany and wriptions to" Jacob Wagner shall be commissioners to receive subscrip-^*^^*^'^^^' tions to the capital stock of said company, and when the said stock shall be subscribed for and paid in as mentioned in the second section of this act, the commissioners shall call a meeting of the stockholders, by an advertisement pub- lished at least two weeks previously in two newspapers pub- 270 PRIVATE LAWS. lislied in tJie eity of Jersey City, stating the time and place at whicli such meeting of the stockholders shall be held, wlio shall by ballot elect the iirst directors of said company ; said commissioners sliall appoint three stockholders in- spectors of said election, and should there be any deaths or resignations among the commissioners above appointed then the remainder shall elect others to supply the yacancy or vacancies so occasioned. Kiwtionof 6. And be it enacted^ That it shall be tlie duty of the presi em. cUrcctors On Organizing the company, and annually there- after, to choose one of their number to be president, to serve for the ensuing year, or until another shall be chosen, and in case of the death, resignation, or inability to serve of the president such vacancy may be tilled by the board of diree^ tors, for the remainder of the term ; and in case of the absence of the president, the board of directors shall have power to appoint a president pro-tempore, wlio shall exercise all such powers and duties as tlie president might exercise. 7. And be it enacted^ That the board of directors for the t?"iayap-^^time being shall have power to appoint during their pleasure point other offl-g^ Secretary and such other officers as they shall deem neces- sary for carrying on the business of the company, and allow them respectively such compensation for their services as may in their judgement be deemed reasonable. Company may ^- And be it enactedj That said company shall have iiisiire certain power: tirst, to make insurance upon vessels, freirfit^, coods, class of proper- r 5J r > o,^5? ^ ty. . wares and merchandise, and to make all and every insuranee connected with marine risks and the risks of transportation and inland navigation ; second, to make insurance upon dwelling houses, stores and all kinds of buildings, and npon household furniture, merchandise, and other property again^ loss or damage by fire, upon such rates and conditions as shall be contained in the policy of insurance ; third, to cause themselves to be insured when deemed expedient. ^ , ^ d. And 5e it enacted. That all policies, or contracts Contracts may iii i.iini i i« i. be made with or founded thereon, which shall be made or entered into by said company, may be made under or without the seal there- of, and shall be subscribed by the president or by such other officer as may be designated by the company for that -pur- pose, and attested by the secretary, and being so subscribed and attested, shall be obligatory upon the company acrd- ing to the tenor, intent and meaning of this act, and of sudi policies or contracts. SESSION OF 1875. 271 10. And ie it enacted. That it shall and mav be lawful m»t purehwe for Btiid conipan}' to purchase and hold such and so much S°tate nectary real estate as shall b3 necessary for their accommodation in Jj^^JJ^^J^^^"* the transaction of their business, and also to take and hold an3' real estate or securities, bona tide mortgaged or pledged to said (company to secure the payment of any debt which may be contracted with them ; and also to proceed on mort ^RiXe or other securities for the recovery of the moneys thereby secured, either at law or in equity, and to purchase on sales made under su(;h proceedings, or otherwise to take and receive any real estate in payment or towards satisfac- tion of any debt previously contracted with or due to said com- pany, and tlie said real estate to mortgage, sell or exchange, or otherwise dispose of; and said company may invest their <;apital stock and accumulating premiums from time to time in public stocks, bimds and mortgages as the directors may approve; prorldijd^ nothing in this act contained shall au-ProTiso. thorize said company to use its funds for banking purposes. 11. And be it enacted j That the capital stock of said ^*or- hJP'fjJ^nJJfe^,^ poration shall be transferable according to the rules and reg- ulations prescribed by the diiectors, and in case a subscriber or stockholder of any share or shares of said stock shall fail or refuse to pay any installments on his or her stock, when •called in by the directors, and required to be paid pursuant to the provisions of this act, it shall and may be lawful for the directors of said company, and they are hereby author- ized to declare forfeited the shares of each and every person riSeitSTfor so failing, to pay such installments or any of them to andi*n,";\*JJ^®^*°^ for the use of the company, or at their option to sue for and recover the installment or installments so remaining unpaid of the person or persons in whose name such stock fihall stand on the books of the company at the time of call- ing in such installments respectively. 12. And be it enacted. That it shall be lawtul for the di- i>i^We°d» iio'^ rectors to make dividends of so much of the profits of the company as sliall appear advisable among the stockholders, whi®*^- Baid vessel property shall have been made by the stockhold ers as hereinafter prescribed, the owners of said vessels shall receive certificates of stock from said corporation in propor- tion to tlie value of said property. 4. And be it eiiacted. That the said corporation may be- w**®*> *? <»"»- • gm operations when one hundred thousand dollars of stock fihall have been subscribed and twenty-five thousand dollars rectors. 280 PRIVATE LAWS. Proviso. paid in ; provided^ that the vessels owned and accepted by said corporators shall be taken, held and considered ae a part of the paid-up capital stock of said corporatioo. 5. And be it enacted^ That the corporators above-named Commissioners shall be commissioners to receive subscriptione for the capi- acripSons lo" tal stock of this corporation, at such time and place in the capital stock, ^.j^.^, ^^ New Brunswick, in the county of Middlesex^ in this state, as they shall appoint, by giving two weeks^^ notice thereof in two of the newspapers published in the cour^tj of Middlesex ; and if the whole capital stock shall not be sub- scribed at the times and places so appointed, other subscrip- tions may be received until the whole capital stock shall be subscribed, under such regulations as the board of directors shall designate. Election of di- 6. And be it enacted^ That as soon as the requirements of the fourth section of this act shall have been complied with, the corporators named herein shall call a meeting of the stockholders by giving one week's notice thereof in two of the newspapers publishea in the county of Middlesex. and said stockholders shall elect by l>allot at such meeting, or at any subsequent meeting, seven directors, being stock- holders, to manage and conduct the concerns, affairs and business of said corporation, who shall hold their office for one year, and until otliers are chosen in their places; each share shall entitle a stockholder to one vote, and the election shall be held by such person who shall attend either in person or by proxy ; in case it should at any time happen that an elec- iMctoVcor-""'^ tion sliould not be made at the time appointed by the bv> KdiVsoiv^! *^laws of said coi'poration, the paid corporation shall not for that cause be deemed dissolved, but such election may be held on any other day which shall be appointed by the di- rectors of said corporation; any four of the directors of said corporation shall form a quorum for the transactitm of all the business of said corporation. First directors ^- And be it enacted^ That the corporators in the first section named shall be the first directors of said company until others are chosen in their stead. D»i-«>ctorR may 8. And be it enacted^ That it shall be lawful for the di- ^^Jj^|^^°J^^'/P' rectors of said corporation to call in and demand from the stockholders respectively, all su(^h sums of money by them subscribed at such times and in such payments or install- ments as the directors shall deem proper, and the said oor- Failure to elect SESSION OF 1875. 281 poration may sue for and recover all such sums of money, as may from time to time or at any time be due on sub- scription, with interest from time of default in the payment stock mar he thereof, or if payment shall not be made by any stock- J[*J"^'^{J^^^J^^ holder or stockholders within sixty days after notice requir- etc. ing such payment shall have been served upon the person, or left at his or her usual place of abode in this state, the board of directors may declara the share or shares of stock so subscribed for bv such stockholder or stockholders for- feited, and the same shall thereby be forfeited, together with all the previous payments thereon. 9. And be it enacted, That the principal office of said principal office, corporation shall be in the city of New Brunswick, and they may have other offices in this state, or in the state of Penn- sylvania, New York, or in any of what are called the New England States. 10. And be it enacted, That the directors of this corpo- ration may appoint one of their number to be president, appoint officera and such other agents and officers as they may deem proper uwa™*'^^ ^^' for the management of their affairs ; and make and estab- lish all needful by-laws, rules, and regulations for the con- duct of their affairs ; provided, tliey do not interfere with proviso. the constitution or laws of this state, or of the United States. 11. And be it enacted. That said corporation shall keepg^oij ^^ x^^xa^ a book showing the names of the stockholders, their resi-J^ »^<>ckhoider» dence, the number of their shares held by each, and such other books a.s they may deem necessary to sliow their bUSmeSS. ^ General powers. 12. And be it enacted, That said corporation shall pos- sess the general powers, and be subject to the restrictions and liabilities contained in the " Act concerning corpora- tions," approved February fourteenth, one thousand eight hundred and forty-six, so far as the same are applicable ; and that this shall be deemed and taken as a public act, but shall be subject to the provisions of " An Act to increase the revenue of tlie state," approved March sixth, one thous- and eight hundred and fifty eight. Approved April 9, 1875. 282 PKIVATE LAWS. CHAPTEK CCCCXXIL An Act to incorporate the Central New Jersey Yacht Chib, of Elizabeth. 1. Be rr enacted hy the Senate and General AssemSly oorponttora. of the State of New Jersey^ Tliat Peter Bonnett, James E. Baremore, Francis H. Myers, Sidney Stewart, George Baremore and Edward P. Miller, and such other persons as are now or mav be hereafter associated with them, be and the same are hereby constituted a body politic, in fact and Corperate name ill law, by the name of " The Central New Jersey Yacht powers. CIqI^^" and by that name, they and tlieir successors shall liave perpetual succession, and be capable of suing and be- ing sued, pleading and being impleaded, answering and be- answered unto, defending and being defended, in all courts and whatsoever places, and may have a common seal, and change and altar tlie same at pleasure, and that they and their successors, by the said name, shall be capable in law to hold any estate, real or personal, either by devise, pur- ♦ chase, donation or otherwise, to the use of them and their successors, and to lease, sell and convey, or other wi-e dis- pose of the same, as to them shall seem most advantageous for promoting the purposes of their incorporation. Objects. 2. And be it enacted^ That the object of this incorpora- tion shall be the building, purchasing and sailing of yachts, the encouragement of yacht building, and the cultivation and advancement of naval architecture, construction and science. Eatateand 3. And be it enacted^ That the estate and funds of said propria?^*^ incorporation, after paying all proper charges and expenses, shall be exclusively devoted to the objects aforesaid, except so far as tliey may deem it necessary to apply their funds to relf eUtSe^Snd ^^^^ purposc of holding and purchasing of any real estate, stract^wharf ^^^ erecting any buildings thereon, for the benefit and ac- dock, etc. * commodation of the members of said corporation, or the purchase, leasing or construction of any wharf, dock, or SESSION OF 1875. 283 pier, as may be deemed necessary to carry out the objects of this iucorporHtion; provided that notliing- in this actproTiao. shall affect tlie rights of the state, to the lands lying under water ; and the compensation for said lands shall be iixed by the riparian commissioners and shall be paid or secured to the state to the satisfaction of the governor on or before the first day of January next, and in default thereof then this act and all the provisions thereof shall thereupon cease and be of no force or effect. 4. A7id be it enacted^ That the capital stock of the said capital stock, corporation shall be ten thousand dollars, divided into shares of twentv-live dollars each, which shares shall be transferable only on the books of said coi*poration. 5. A7ul be it enacted^ That the said corporation shall Pojer to make liave power from time to to time, to make and establish constitution, such constitution, by-laws, rules and regulations as they ^y*^*^'' ®'*^- shall judge proper, for the election of otticers, for prescrib- ing their respective functions, and tlie mode of dischaging the same ; for the admission of members, the suspension and expulsion of the same ; for tlie government of the offi- oers and members thereof, for imposing and collecting ad- mission fees, tines and contributions from the members, for regulating the time and place of meetings, whicli constitu- tion and by-laws sliall not be repugnant to the constitution and by-laws of the United States, or of this state, and which tliey may, from time to time, alter and repeal. 6. And be it enacted^ That the said corporation shall be where located. located at Elizabeth, or some convenient point in the county of Union, and that the persons named in the first section shall be the first directors of said corporation, and First directors, shall continue in otfice until the first Thursday in April, one thousand eight hundred and seventy-six. 7. And be it enacted^ That the oificers of said corpora- ^j^^lJ^j^^^jj^^j^ tion shall be chosen annually, at such time and place as ly- their by-laws may direct, that all elections shall be by ballot, and that each member shall be entitled to one vote for each share of stock held by him ; and if at any time for any cause it shall happen that no election shall be held Failure to hold •' 1 • 1 • • 1 1 %. i. 1 election officers or made at the time herein appointed, the otfacers tor the to hold over. time being, shall continue in office until an election be regularly held, according to the requirements of the by- laws in that behalf, or of this act, and that in any elec- 284 Act how con- ■trued. PRIVATE LAWS. tion of officers the persons having or receiving the greatest number of votes shall be officers, and shall continue in office until their successors be elected. 8. And be it enacted j That this act shall be favorablv construed in all courts and places for the purposes thereby intended, and no misnomer of the said corporatiim, in any deed, grant, gift, devise, bequest, contract or conveyance shall defeat or invalidate the same, if the corporation be sufficiently described to show or ascertain the intention of the parties. 9. And be it enacted j That this act shall take effect im- mediatelv. a Approved April 9, 1875. CHAPTER CCCCXXIII. Supplement to an act entitled " An act for the relief of the Tubular Transit Company of Staten Island," approved March nineteenth, one thousand eight hundred and seventv-four. Preamble. ActdecUrcd lived. Whereas, through inadvertence, the state assessment on the a(*t to wliich this is a supplement, was not paid within the time required by tlie act entitled "An act to increase the revenue of tlie state of New Jersey," approved March sixth, eighteen hundred and fifty-eight, and the supple- ment thereto, approved March eighteenth, eighteen him- dred and fifty-nine, by which inadvertence and non-pay- payment of said state assessment, the said act has been declared inoperative and void ; and whereas^ it is desir- able that said act should be revived, therefore — 1. Be rr enacted by the Senate and General Assembly re- of the State of New Jersey^ That the act entitled an " An act for the relief of the Tubular Transit Company of Staten Island," approved Marcli nineteenth, eighteen hundred and SESSION OF 1875. 285 seventy-four, be and the same is liereby revived and shall «tand in full force and effect, the same as if tlie said state assessment required to be paid by act entitled " An act to in- crease the revenue of the state of New Jersey," and the supplement thereto, had been paid within the time pre- scribed by law and the time for the fulfillment of tlie condi- tions of said act extended for one year; provided^ that the proviso. Estate assessment on the said original act of relief and also on this supplementary act be paid before the first day of July next ensuing the passage of this supplement. 2. And be it enacted^ Tliat this act shall take eflect im- mediate! v. Approved April 9, 1875. CHAPTER CCCCXXIV. A supplement to an act entitled " An act to incorporate the Trenton Horse Railroad Company," approved March ninth, eighteen lumdred and fifty-nine. Be it enacted by the Senate and General Asseviby of the State of New Jersey^ That the eleventh section of said Eleventh seo- act be so amended that it sliall be lawful for the said com- amended!^ pany to demand and receive, not to exceed six cents, for carrj'ing any person from any one point to anotlier on said road; provided^ tliat said company, and they are hereby re- Proviso. quired, to run their cars the extreme length of their railroad at least two cars each hour at regular intervals, to and from the railroad depot to the terminus of the road at Propect street, during tlie day and evening from seven o'clock A« M. to nine o'clock P. M. (Sundays excepted), and that a failure to comply with this proviso shall work a repeal of this supplement upon the fact being proved before any mag- istrate in the city of Trenton, 2. And be it enacted^ That this act shall take effect im- mediately. Approved April 9, 1875. 286 PRIVATE LAWS. CHAPTER CCCCXXV. An Act supplementary to tlie act to incorporate the Essex county Printing and Publishing Company. 1. Be rr enacted hy the Senate and General Assembly AmoMTii of cApi' of the State of New Jersey^ That the cupital stock of said B oc , e c. (jQjjrjp^jjy jjjj^y i^g j^j^y y^jjj^ ^^^ jggg fhau tcU' uor more than fifty thousand dollars, and that the organization of said company, and its right to commence business shall be held complete on the bona fide subscription of its capital stock and payment of at least one-half thereof, anything in the act incorporating said company to the contrary notwith- standing. 2. And be it enacted ^ That this a<'t sliall t^ke effect im- mediately. Approved April 9, 1875. CHAPTER CCCCXXXV. An act to confirm the title to land sold by Stephen H. Ward, as attorney in fact, for Jasper N. Ball and C^aro- line W., his wife, to David S. Bower and others. Proambie. Whereas, Jaspcr N. Ball and Caroline W., his wife, then missionaries to Caesaria, in Asia Minor, did on the twen- ty-third day of May, Anno Domini eighteen hundred and fifty-five, execute and deliver to Stephen H. Ward cer- tain letters of attorney, bearing date the day and year aforesaid, empowering said Stephen H. Ward to sell, grant and convey all their lands, tenements and heredita- SESSION OF 1875. 287 ments, wherever situate, to Bueli person or persons, for such consideration and on such terms and conditions as he should see fit, and to make, seal, deliver and acknowl- edge all such deeds, conveyances, contracts and agree- ments respecting the same as he should see fit ; and by virtue of said/ letters of attorney, said Stephen H. Ward did afterwards execute a deed of partition, dividing or in- tending to divive certain lands in the township of Chatham, c^ounty of Morris, of which Matthias Ward died seized, between all the devisees named in the last will and testa- ment of said Mattliias Ward, deceased, in which lands the t^aid Caroline W. Ball had an interest as devisee ; and whereas, afterwards, to wit, on the twenty-sixtli day of January, Anno Domini eighteen lumdred and fifty-six, by deed dated on that day, said Stephen H. Ward, as such attornev in fact, did sell and convev to David S. l5ower a portion of the lands set off in said partition to jiaid Caroline W. Ball, containing seventy-eight him- (Iredths of an acre of land, and afterwards said Stephen H. Ward, as such attorney in fact, did convey the remaining portions of the share so set oft* to said Caroline W. Ball, a8 aforesaid, to Charles D. Laughlin and Henry P. Day ; and whereas, it has been alleged that the title to said land so divided by said deed of partition, and so conveyed to satd David S. Bower and Henry P. Day and Charles D. Laugldin, is defective because of said "Caroline W. Ball being a married woman at the time of the execution of 8aieedB declared of the State of New Jersey, That the said deed of parti- ^^'^^' 288 PRIVATE LAWS. tion so made bv said devisees, under the last will and test«- ment of said Matthias Ward deceased, so far as the execution thereof by said Stephen H. Ward, as attorney in fact, for said Caroline W. Ball and Jasper K. Ball, her husband, and the said deed of conveyance so made by said Stephen H. Ward, as attorney in fact, for said Caroline W. Ball and Jasper X. Ball, her husband, to said David S. Bower and Charles D Langhlin and Henry P. Day, be and the same are herebj declared valid and effectual in law, and to convev and ye^t in the said Philip C. Ward, Stephen H. Ward, Juliet Ward and Laiu'a Bower, and their respective heirs and assigns, and such person or perscms as have since purchased from said devisees, or now claim to hold under them or their heirs or assigns, and to the said David S. Bower, Henry P. Day and Charles D. Laughlin, or such person or persons as now claim to hold under conveyance from them or either of them, or the assigns of them, or either of them, and to their and each of their heirs and assigns, all the estate of the said Caroline W. Ball and Jasper N. Ball, her husband, in and to the said lands respectively, at the time of said sales, and the execution of said deeds, respectively, by the said Stephen H. Ward, as attorney in fact for the said Car- oline W. Ball and Jasper N. Ball, her husband, as fully as such estate would be conveyed and vested, had said Caro- line W. Ball been feme sole at the time of the execution of said letters of attorney. 2. And be it enacted^ That this act shall take effect im- mediately. t/ Approved April 9, 1875- SESSION OF 1875. 289 CHAPTER CCCCXXXVI. An Act to incorporate The Dairymen's Co-op€rative Association. 1. Be it enacted by the Se7inte and General A .^uiembly of the State of New Jersey^ That Horace B. Lippincott, Names of cor- William Warrick, Edward Burrouglis, Joseph C. Ilollins-P^"'^"- head, George L. Gillingliam, Mark H. Biizbv, AVilliam R. Wills, Caleb Baldwin, Joshua Ashhridge, William H. Crawford, James Brooks, Amos W. House, Caleb Mindle, Thomas S. Downing, Chalkley Ilaney, EllisM arshall, Mar- shall B. Hickman, Isaac S. Cochran, Joseph C. Turner, Henry Townscnd, W^ellington Hickman, AV. B. Roberts, their assoi^iatess and successors, be and thev are hereby created and declared to be a body politic and coii:)orate in law by the name of "The Dairymen's Co-operative Asso- corporate nam* elation," and as such shall have perpetual succession and all the privileges and franchises belonging or incident to a corporation. 2. A.nd be it enacted^ That the capital stock of said Amount of cap- company shall ])e two hundred thousand dollars, divided *'*^ *^*^^' into twenty thousand shares of ten dollars each, which capi- tal stock shall be personal property and be transferable on the books of the company. 3. A7id be it enaetedy That the above named coi*porators, commissioner or a majority of them, shall be commissioners to receive J^h^iods to" subscriptions to the capital stock of said company, at such <^*pi^** **o<^^- time and place and up(m such notice as tliey may direct ; and at the time of subscribing for said stock, such amount on each share subscribed for shall be paid, satisfied or satis- factorily secured to said commissioners as they or a majority of them shall direct, and the residue of tlie subscription shall be paid, satisfied, or secured as the directors of said company when elected may determine, in such installments, at such times and places, on such notice and in such manner as said directors shall from time to time direct ; and upon 19 290 PKIVATE LAWS. First election of directors. Failure to pay the failure of any person or persons to pay, satisfy or secure stock may be the payment of such installment or installments or any of forfeited. them US aforesaid, the directors shall be empowered to for- feit the share or shares of each and every person so failing or any of them, to and for the use and beiietit of said com- pany ; and any share or shares of stock forfeited a*i afore- said may l)e held by the said company or any person or persons for its benefit, and may at any time be sold or di^ posed of for the benefit of the company as said directors may determine, or may be divided proportionately among the remaining stockholders, to be by them held and enjoyed or sold and transferred with all the rights and benefits inci- dent thereto, the same in all respects iis if they were original shares by them subscribed. 4. A7id be it enacted, That whenever ten thousand dol- lars of the capital stock aforesaid shall have been subscril>ed, said commissioners or a majority of them shall, as soon as they deem expedient, give notice in such manner as they may determine, of a meeting of the stockholders, at such time and place in the state of New Jersey as said commis- sioners may designate, to (choose not less than three nor more than nine directors, who shall hold their oflices for one year and until others are duly elected, and at such meeting of stockholders convened as aforesaid, said stockholders shall prescribe the time and place for holding the annual elections and the number of directors of said company, which time, place and number of directors shall not be changed except at an annual election of said company ; and the directors chosen at su(;h meeting or at the annual elec- tion of said company, shall as soon as may be al'ter their election, choose from their number a president of said com- pany, who shall hold his office for one year and until hi* successor is duly appointed ; and in case of the death, resignation or other incapacity of the president or any director, the vacancy thereby created in the board of directors may be iilled by the remaining directors for the remainder of the then current year. Who entitled to S- A?id be it e?iacted, That at all elections by stockholders Tote. fQj. officers of said comp^my, and at all meetings of stock- holders, and upon all questions submitted to them, each stockholder shall cast one vote for each and every share of stock then standing upon the books of said company in his Vacancies how filled. SESSION OF 1875. 291 or her name, which vote may be cast either V)y said Ktoc^k- liolder in person or by proxy. 6. And be it enacted^ That the board of directors of said j^^^d of direo- company sliall have power to make and ^idopt a connnonj^^ra^jg^ap;;^ seal for said corporation, to appoint a treasurer, secretary etc. and such other officers, agents, clerks, servants and em- ployees of said company as they may deem necessary, and to prescribe and regulate tlieir duties, salaries and comj)en- sation ; to prescribe the form of and to issue or authorize ^{c^^nd^borrow to ])e issued, such promissory notes, bills of exchange, and money, business paper of said (company, as tliey may determine ; to borrow such sum or sums of money from time to time as they may deem advisable for the purposes of said company, and to pledge the property and credit of said company for the payment tliereof, or to issue the promissory notes or bonds of said company tlierefor, and to secure the payment of said promissory notes or bonds either by mortgage or mortgages - commissioners to open the books for subscriptions to tlie »^»"*pJ^*j<>^JJJ,^ capital stock of said company, and they shall give ten days' previous notice in a newspaper printed and published in the city of Camden, of the time and place of the opening of said books, which books shall be kept open during the pleasure of said commissioners, or a majority of them. 4. And be it enacted^ That when one hundred thousand Election of dollars of said capital stock shall have been subscribed, and tors, paid in, the subscribers to said capital stock, npon ten days' previous notice in a newspaper published in the city of Camden, given by said commissioners, shall proceed to the election of a board of directors, composed of fifteen per- sons, a majority of whom shall be residents in this state, and all of whom at the time of their election, and during their continuance in olKce, shall be stockholders in the said company in their own riglit ; and thereupon said company may commence operations as authorized by this act; and the stock, property, concerns and afiairs of said company shall be managed by the said board of directors and their successors. 5. And he it enacted^ That the directors first chosen Director* to •sRall divide themselves into three classes of five memfberSgeriwi^nS^" each, one class of whom shall serve as directors for one^^"*®"- year, one class for two years, and one class for three years, severally computed from the second Monday in January, 4>ne thousand eight hundred and seventy-six ; on the second Monday in January in each and every year thereafter, at such hour of the day and at such place in the city of Cam- e held in the city of Jersey City on tlie first day of May in the present year, at such hour and place as may be designated by advertisement, and at wliich election a ma- jority of tlie votes cast by the incorporators present and voting shall determine the dioice of managers ; of the man- agers so elected tliree shall be a quorum to transact business ; and the seat of any manager who shall have neglected to at- ^ ^^^ tend for four consecutive meetin«rs mav be vacated bv the ing of man- board ; the managers shall meet annually on tlie first Mon- ^^^ " day in January and choose one of their number as president ; they shall liave power to appoint a secretary, treasurer and audi other officers as to them shall appear necessary for con- ducting the business of tlie institution ; which officers, so •chosen and appointed, shall continue in office one year, or until others are appointed, and all officers so chosen shall be tinder oath for the faithful performance of the duties of their offices respectively, and shall give security, if required, for the faithful execution of the duties of their office in such sum or sums and such securities as mav be directed bv the board ■of managers ; such of the above named incorporators as maj' not be chosen as managers shall be regarded as advisory members of the board of managers witliout pecuniary re- sponsibility for any act done by the board, and without the power to vote at any meeting of the board. 3. And be it enacted. Tliat the board of manasjers shall. May ™«Jfe.o'- o ' dftin and cstab* from time to time, have power to make, ordain and establish ibhby-iaws.eto «uch by-laws and regulations as they shall judge proper for the elec^tion of their officers, for prescribing their respective duties, for regulating the times and places of meetings of the -officers and managers, and for the transacting, managing and directing the affairs of the institution ; jirovided^ that such proTiso. -by-laws and regulations shall not be repugnant to the con- stitution and laws of this state and of the United States of America; and such bj'-laws and regulations shall be put up in some public and conspicuous place in the room where the business of said institution shall be conducted, and shall not be altered so as to affect injuriously any one who may have been a depositor pievious to the alteraticm. 300 PRIVATE LAWS. May receive 4. And be it cnactedj That the said institution may re- ™l8?rand"iave8t <^eive as deposits all sums of money which may be ottered the same. j-^j, |.j^^, purpose of being invested in such amounts and at such times and on such terms as the by-laws shall presjoribe, which siiall be investeil accordingly and sliall be repiud to the depositors at such times and with such interest and under such regulations as tiie board of managers shall, from time to time, prescu-ibe. Manasrersto 5. A fid be it eiifictccl^ That it shall be the duty of the fSterefet/*^^ "^managers to regulate tlie rate of interest to be allowed t<> the depositors, so that they shall receive a ratable propor- tion of the protitH, after deducting therefrom all necessary expenses, and a reasonable surplus or contingent fund ; prc^- Proviso. vidcd. that said rates of interest mav, at the discretion of the managers, be so regulated that the interest ^ allowed to depositors having over one thousand dollars deposited shall be at least at the rate of one per centum per annum les> than the interest allowed other depositors. Who to receive 6- And he it ciiacted^ That no emolument whatever compensation, gj^jj^jj (ijpectlv or iudircctlv be received by the manair % or any of tlieni for their servit-es, except the president, secre- tary and treasurer; and the (committee on examination of property ottered as security for loans shall receive sucJi compensation as may, from time to time, be established bv a majority of the whole number of the managers of said inijtuution not corporation ; nor shall the said institution issue any notes toissuj notts ,*^.,| 1 11 /%. /. I . . > 1 11 1 or bills, etc. Or oills, uor shall anv otncer of the mstitution be allowetl, directly or indirectly, to borrow any money from said insti- tution or to use the same, except to pay necessary expenses; nor shall the institution take or hold any bonds, mortgages, or other securities, for the payment of money drawn or en- dorsed by or exifcting against any ofticer of the institution^ as security for the money loaned by it, unless the same shall have been received in payment of debts due from other parties. May Invest 7. And be, it enacted^ That the said institution may in- SSanS" *^vest the money left with them on deposit, in no other way bonUH,etc. ^jjj^j^ jj^ public stocks or bonds such as are created or issnei} by the United States, and by the several states, and by the several counties and cities in this state, under the laws thereof, nor upon bond and mortgage, except on unemcnm- bered real estate, worth at least double the amount invested: t'"* SESSION OF 1875. 301 j}rovided^ said institution may make temporary loans upon Proviso, personal securities, with pledges of collateral securities worth at least twenty per centum more than the amount loaned, but the amount thus loaned on personal security, shall not at any time exceed twenty per centum of the whole amount of the assets and securities of the said institu- tion. S. And be H enacUd^ That all certificates of evidence of J|J*|5^^»Jf^5^^ deposit made under the hand of the proper officers of the institution, shall be as binding as if the same were made under the common seal. 9. And be it enacted. That it shall be lawful for the said J^J7^^\'J/^^;^^^^^ institution, at their discretion to pay any depositor, being a to minors, minor, such sum as may be due to such depositor, not ex- <5eeding one thousand dollars; in cases where no guardian shall have been appointed for such depositor, and that the receipt and acquittance of such minor shall be as valid as if the same were executed by a guardian of such minor duly appointed ; j?;/v>v?V/^rf, such deposit shall have been madeproTiao. personally hy such minor, and not by any other person for his 01* her benefit ; married women may deposit money in their own names, and receive their interest and dividends thereon, and receive and withdraw the same, and such de- posits shall not be subject to the control of the husband, nor liable for his debts, nor shall money deposited by single women, be subject, in case of marriage to the use or control, nor liable for the debts of the future husband. 10. And be it enacted, That the said institution shall inter^^st when not be required to receive on deposit a less sum than twenty- °*^^ **"°''®^' live cents, nor to allow interest on a deposit until it amounts to one dollar, nor to allow anv interest on the fractional part of a dollar, nor shall the institution be required to allow interest on the fractional part of a month. 11. And be it enacted. That all deposits and payments i^^p^sjts and shall be regularly entered in the books of the institution, eute"rtd.' and every person depositing money shall be furnished with a duplicate of his or her account, in which every deposit or payment shall be regularly entered as soon as made. 12. And be it enacted, That it shall be the duty of the Annual rfpcrt said institution to make an annual report to the legislature **. ® "* of this state, under the oath or affirmation of the treasurer and a committee, appointed for that purpose by the mana- 302 PRIVATE LAWS. Vacancies how filled. Office or place of business. Act bow con- strued. ProviBO. ProTlso. gers, or three or more of their number, of the state of ifct funds, and such statement shall ])e publislied in one or more of the newspapers publislied in the City of Jersey City. 13. And be it enacted^ That the managers shall have the power to till up by ballot, at a regular meeting, any vacancy which may occur in their own body or otKcers, by a vote of the majority of the managers present. 14. And be it enacted^ That the offi(te or place of busi- ness of the said institution shall be in the city of Jersey City, and tlie books of the institution shall at open at all times to the inspection and examination of such person ot persons as the legislature may from time to time appoint for that purpose. 15. And be it enacted^ That this act shall be and hereby is declared to be public act, and the same shall be construed in all courts favorably and benignly for every beneficial pur- pose therein intended, and that no misnomer of the said in- institution in any deed, grant, devise, or other instrument* of contract of conveyance, shall vitiate or defeat the same: provided^ the institution shall be sufficiently de8cril)ed, so as to ascertain the intention of the parties; and jyrovided^ also^ that the legislature may at any time hereafter amend or modify this act. 16. And be it enacted^ That this act shall take effect im- mediately. Approved April 9, 1875. J TABLE OF CONTENTS. CONTENTS OF PRIVATE LAWS. Chapter. Page. 1. An act to change tlie name of A. Preston C. Stevenson to Preston Stevenson 3 2. An act to incorporate the Atlantic County Agricultural Asso- ciation of Atlantic county, New Jersey 4 3. An act for the protection and preservation of the Cemetery of the Holy Sepulchre 7 4. A further supplement to the act entitled ** An act to incor- porate the Orange Orphan Society, " approved April ninth, eighteen hundi*ed and sixty-seven 9 5. An act to incorporate Liberty Fire Engine Company, Num- ber Seven, of the City of Paterson 10 6. An act to incorporate Lafayette Steam Fire Engine Com- pany, Nimiber Eight, of the City of Paterson 12 8. An act to incorporate tlie Sea Grove Association of the Lower Township of the County of Cape May 14 9. A supplement to an act entitled "An act to incorporate the West Jersey Eailroad Company," approved February fifth, eighteen hundred and fifty- three 17 10. An act to extend an act entitled "An act to incorporate the Shrewsbury Mutual Fire Insurance Company," passed February twenty-seventh, one thousand eight hundred and thirty-eight 17 11. A supplement to an act entitled "An act to incorporate the Hibemia Mutual Fire Insurance Company of Newark, New Jersey," approved March twenty-seventh, one thousand eight hundred and seventy-one 18 12. A supplement to the act entitled "An act to incorporate the Cliildren's Sea-shore House at Atlantic City, for Invalid Children, " approved February twenty-fifth, one thousand eight hundred and seventy-three 19 13. An act to incorporate the Concert Hall Association, of Mount Holly, New Jersey 19 20. A further supplement to the act entitled "An act to incor- porate the Newark Firemen's Insurance Company.". ... 22 21. An act to change the names of Eaymond Dabb and Annie . Meeker Dabb. 22 20 306 CONTENTS. Chapter. 22. A further supplement to the act entitled **An act to incor- porate the Vineland Loan and Improvement Association, of Cumberland county," approved February fifteenth, one thousand eight hundred and sixty-seven 23 23. An act to authorize the Belvidere Delaware Bailroad Com- pany to issue bonds and to secure the same by mortgage. 24 24. An act to revive a certain act and to legalize and ratify pro- ceedings thereunder 25 30. An act to extend the charter of the Trenton Banking Com- pany 27 34. An act to incorporate the Mitchell Fire Company, Number Four, of the City of Burlington 28 35. An act to amend an act entitled **Aii act to incorporate the Excelsior Hook and Ladder Company Number One, of Scotch Plains, townsliip of Westfield,** approved M^h second, one thousand eight hundred and sixty-nine 29 36. An act to authorize owners of meadow and marsh in the town- ship of Downs, coimty of Cumberland, State of New Jersey, to build a bridge over Ware Creek 30 37. An act to incorporate the Passaic County Fair Grounds As- sociation 31 38. A supplement to an act entitled *'An act to incorporate the Trenton Baptist Association of the Stote of New Jersey," approved February third, eighteen hundred and sixty- nine 34 39. A further supplement t(^ the act entitled **An act to incor- porate the Newark Fire and Marine Insurance Com- pany," approved March fifth, eighteen hundred and fifty- seven 35 40. A supplement to the act entitled **An act to incorporate the Widows' and Orphans* Friendly Society," approved April third, one thousand eight hundred and seventy-three ... 35 41. An act authorizing the Bishop of the Protestant Episcopal Church of the Diocese of Northern New Jersey to regis- ter certain acts on the register of the Parish of Grace Church, in the city of Newark 37 42. An act to incorporate the South Jersey Telegraph Company. 38 43. An act to incorporate the "Atlas Assurance Guarantee Com- pany." 39 44. An act to incorporate the Caledonian Club, of Hudson Coimty, New Jersey 41 45. An act to authorize Samuel H. Weatherby, Wilham F. Lip- pincott and William M. Weatherby to buHd and main- tain a wharf in front of their land^ on Salem Creek, in the township of Pilesgrove, in the county of Salem 44 .47. A supplement to an act entitied ''An act to incorporate the New York and Long Branch Bailroad Company," passed April eighth, eighteen hundred and sixty-eight 45 CONTENTS. 307 Chapter. Page, 48. A supplement to the act entitled "An act to incorporate the Eatontown and Sea Shore Turnpike Company," approved February ninth, eighteen hundred and sixty-five 46* 49. An act to incorporate the Worthy Grand Lodge of the American Protestant Asaociation of the State of New Jersey 46- 50. A further supplement to an act entitled **An act to incorpor- ate the Miners* Savings Bank of Dover, New Jersey," approved February seventh, eighteen hundred and seventy-one 47 56. An act to authorize the Livingston Baptist Society to sell and convey certain lands and real estate in the coimty of Essex 48^ 57. An act to incorporate the Association of Exempt Firemen of the town of Morristowu, New Jersey 49" 58. An act to incorporate the Ossenberg Hose Company "of the city of Trenton 61 59. An act to incorporate the State Coimcil of the Junior Order of United American Mechanics, of New Jersey 52 60. A further sujjplement to an act entitled "An act for establish- ing a turnpike road from tlie town of Hackensack to Hoboken, in tlie county of Bergen," pasoed November thirtieth, eighteen hundred and two 54 72. A fiu^her supplement to an act entitled **An act to incorpor- ate the Peoples' Fire Lisurance Company," of Trenton.. 67 73. An act to incorporate the Paulsboro' Htdl Association 57 74. A supplement to an act entitled **An act to incorporate the Union Lron Company," approved April seventh, eighteen himdred and sixty-eight 60 75. A further supplement to an act entitled "An act to incor- porate the Faimingdale and Squan Yillage Railroad Company," approved April third, eighteen hundred and sixty-seven 61 80. A further supplement to the act entitled "An act to incor- porate the Longwood Valley Railroad," approved April third, anno domini eighteen* hundred and sixty-seven. . . 62 81. An act to incorporate the Mutual Fire Insurance Company, of Hudson coimtv 62 82. An act to authorize the trustees of the Presbyterian Church at Woodstown, in the coimty of Salem, to sell and convey certain re4d estate 67 83. An act confirming and making valid the act entitled "An act to incorporate the Germania Mutual Savings Institution," approved March fourteenth, one thousand eight hundred and seventy-one, and the supplement thereto, approved March first, one thousand eight hundred and seventy- two 68 89. An act to incorporate the Stanhope Union Cemetery 69 308 CONTENTS. Chapter. 90. A further supplement to an act entitled *'An act to moorpor- ate the New Brunswick and Cranberry Turnpike Com- pany" 72 91. A further supplement to the act entitled ''An act to incor- porate the Warren Foundry and MJochine Company," approved March third, anno domifii eighteen hundred and fifty-six. 73 92. An act to legalize the sale of real estate, made by Anna T. Hora and John K. Hora, her husband, of the city of Rahway , coimty of Union, and State of New Jersey 74 93. A supplement to the act entitled **An act to incorporate the Mays Landing Water Power Company," passed April third, eighteen hundred and sixty-seven 75 94. A supplement to an act entitled **An act to incorporate the . Elizabeth town Water Company," approved March third, eighteen hundred and fifty-four 76 104. Supplement to an act entitled "An act to incorporate the Lambertville Building and Loan Savings Bank," ap- proved March twenty-third, one thousand eight hundred and seventv-three 78 105. A fiuiiher supplement to the act entitled "An act to incor- porate the Citizens* Gas Light Company, of the city of Newark," approved March eighteenth, one thousand eight hundred and sixty-eight 79 106. A further supplement to an act entitled "An act to incor- porate the Hobokeu Bank for Savings of the city of Ho- boken," approved March twentieth, one thousand eight himdred and fifty-seven 80 107. A further supplement to an act entitled "An act to incor- porate the Home Mutual Fire Insurance Coonpany of Newark, New Jersey," approved March the twenty- fourth, anno domini one thousand eight lumdred and sixty -nine 81 108. An act to confirm and make vahd an act entitled "An act to incorporate tlie High wood Laud Company," approved March seventeenth, one thousand eight himdred and seventy ffi 109. A supplement to an act entitled "An act to incorporate the Rahway Gas Light Company," approved Februaiy eighteenth, eighteen hundred and fifty-three 83 110. An act to incorporate tlie "Cape May City Passenger Bail- way Company" 84 111. A suppl-^ment to the act entitled "An act to incorporate the High Bridge Railroad Company," approved March twen- ty-second, eighteen hundred and seventy-two 88 112. A supplement to an act entitled ^'An act to incorporate the United States Fertilizing and Chemical Company," ap- proved March eighteenth, eighteen hundred and seventy- four 89 1 CONTENTS. 309 Chapter. Page. 116. An act to incorporate the Union Telegraphic AasociatlaQ of New Jersey 90 117. An act to incorporate the West Jersey Mutual Insurance CJompany 93 118. A supplement to an act entitled **An act to confirm the title of the American Dredging CJompany," approved the fifth day of March, anno domini eighteen hundred and seventy-four 9T 119. An act to incorporate the Essex Sewage Company 98 120. An act to incorporate the Spring Lake Beach Improvement Company 100 121. An act to incorporate the Liedertafel Singing Society of the city of Trenton 104 122. An act to enable the owners of all that tract of meadow lying within the bounds of the Half Way Creek Meadow Company, Money Island Meadow Company, and meadow lying between the Half Way Creek Mea 159. A further supplement to an act entitled *'An act to incor- porate the Hoboken Land and Improvement Company," passed February twenty-first, one thousand eight hun- dred and thirty-eight 12^ 160. An act vesting the real estate of Charles Boetticher, de- ceased, in Dorothea Boetticher, his widow 12? 161. An act to restore and make valid an act to incorporate the Ocean Beach and Squan River Turnpike Company 130 162. An act to vest the title of the State in certain land of John Dodd, deceased, in Catharine Dodd, his widow 131 163. An act to incorporate the South Orange Gas Light Company 13? 164. An act to incorporate the "Somerset County Building and Loan Savings Bank" 13^ 165. A fiuHiher supplement to an act entitled *'An act to incor- porate the Dime Savings Institution of Plainfield, New Jersey," approved Apnl twenty-second, one thousand eight hundred and sixty-eight HO 166. An act to vest the Manalapan and Freehold Turnpike in the purchasers thereof, at a sale heretofore made by John H. Patterson, then late sheriff of the county of Mon- mouth ' 140 167. An act to vest the title of real estate in the city of Newark, in Martha Boeriun, widow of iVIartin Boerum, deceased. 142 168. An act to confirm the title of lands given by John Jufer to Barbara Homer, nnd by her devised by her last will to Elizabeth Blette, now Elizabeth Kolb, wife of Nicholas Kolb W3 178. An act to incorporate the Ewingville Driving Park Associa- tion lU 179. An act to incorporate the River Dock and Warehouse Com- ptmy U" 180. An act to incorporate the Rendrock Powder Company M$ 181. An act to incorporate the Gloucester City Printing and Pub- lishing Company IS^ 182. An act to incorporate Saint Patrick's Mutual Alliance and Benevolent Association, of the state of New Jersey 15S 183. An act to incorporate the New Brunswick City Mission, and to enable the said Mission to provide charitable relief for the poor and suffering 157 185. An act to authorize the Lackawanna Iron and Coal Company to hold mineral lands and other real estate in the stats oi New Jersey 159 186. A further supplement to an act entitled *' An act to incorpor- ate the Phillipsburg Building and Loan Savings Bank,*' approved March fourteenth, eighteen hundred and seventy-two 15^ CONTENTS. 311 'Chapter. Page. 187. A Bupplement to the act entitled ** An act to incorporate the lS:unkIin Lake Company," approved April ninth, one thousand eight hundred and sixty-eight 160 196. A further supplement to an act to incorporate the Manchester Land Company, approved March sixth, eighteen hun- dred and sixty-six 161 197. A further supplement to an act entitled ** An act to incorpor- ate the Red Bank and Rumsun Neck Railroad Company," approved March twenty-third, eighteen hundred and sixty-five 162 198. A further supplement to an act entitled "An act to incorpor- ate the South Mountain and Boston Railroad Company," approved March seventeenth, eighteen hundred and seventy-four 163 • 199. A supplement to an act entitled "An act to incorporate the Women's Christian Association, of the city of Newark," approved March twenty-fifth, eighteen hundi'ed and seventy-tliree 163 200. An act to revive an act entitled " An act to incorporate the Newark Stove Platform Company," approved February eighteenth, one thousand eight hundred and seventy- four 164 201. A supplement to an act entitled " An act to incorporate the Hoboken Sliip Canal Company." 165 202. A further supplement to the act entitled "An act to incor- porate the Newark and Irvington Horse Car Railroad Company," approved March seventh, eighteen hundred and sixty-one 166 203. A further supplement to an act entitled "An act to incorpor- ate tlie Newark and South Orange Horse Car Railroad Company," approved April sixth, eighteen hundred and sixty-five 167 204. A supplement to the charter of the Port Royal Navigation Company, incorporated under the general law, October fourteenth, one thousand eight hundred and seventy- four 168 205. An act revising an act entitled "An act to incorporate the Jersey Cit^ Curling Club," approved February fifth, one thousand eight hundred and seventy-four 169 206. An act fo incorporate the Camden Hospftal 170 207. An act to incorporate the Moorestown Pursuing and Detec- tive Company of the township of Chester, in the coimty of Burlington 171 218. An act to incorporate the Warren County Qns Light Company 174 1219. An act to incorporate the Maxwell Saving Bank 178 312 CONTENTS. Chapter, P»«t 220. A supplement to an act entitled *' An act to authorize the ^ West Side Avenue Methodist Episcopal Church of Jersey City, to mortgage certain church property,** approved April fourth, one thousand eight hundred and seventy- three 181 221. An act to incorporate the "Berlin and Haddonfield Turnpike Company" 182 222. An act to incorporate the Highlands and Sea Bright Tum- ' pike Company 191 223. An act to incorporate the Triton Boat Club of Newark, in the county of Essex 200 224. A supplement to an act entitled " An act to incorporate the Jersey City Board of Grain Weighers and Measurers," approved Ax)ril fourth, one thousand eight himdred and seventy-one 201 225. An act to incorporate the Atlantic City Water Company 2(fi 226. An act to incorporate the New Jersey and New England Tele- graph Company 209 227. An act to incorporate the Winkler's Brass Band, of the city of Trenton, New Jersey 212 238. A further supplement to an act entitled "An act to incorpor- ate the Baritan Cemetery Company of Keyport," ap- proved April second, one thousand eight hundred and sixty-seven 2U 239. An act granting certain powers to the Central Stock Yard and Transit Company for the preservation of their pro- perty, maintaining order upon their premises, and punishing off'enders 215 240. An act to incorporate the Weehawken Ferry and Guttenberg Passenger Railway Company 218 241. An act to incorporate the Unabhangiger Turn Verein (In- dependent Turn Society), of Newark, New Jersey 224 244. An act to incorporate the ** Independent Printing Company." 225 245 An act to incorporate the EHzabethport Publishing Company 213 256 An act to regidate the collection of taxes of the Meorate 125 the Lambei-tville Building and Loan Savings — supplement to act to incorporate 78 the Maxwell Savings — act to incorporate 178 the Philhpsburg Building and Loan Savings — supplement to act to incorporate 159 the Jersey City Savings — act to incorporate 298 Banking Company, the Trenton — act to extend the charter of 27 Baptist Association, The Trenton — act to incorporate 31 Baptist Society, the Livingston — act to authorize to sell and con- vey certain lands and real estate..? 48 Belvidere Delaware Railroad Company to issue bonds — act to au- thorize the 34 Berlin and Haddontield Turnpike Company — act to incorporate the 182 Bisbing Lime Patent Company — act to incorporate the 244 Bishop of the Diocese of Northern New Jersey — ^act authorizing to register certain acts 37 Boat Club, the Triton of Newark — act to incorporate 200 Boerum Martha — act to vest title of real estate in Newark in. 142 Boetticher Charles — act vesting real estate of in his widow 129 Brass Band of Trenton, the Winkler's — act to incorporate 212 Bridge over Ware Creek — act to authorize owners of meadow and marsh to build a 30 Bridgeton and Port Norris Baih'oad — ^supplement to the charter of the 234 Building and Loan Association, the Mechanics of Florence — act to regulate the collection of taxes of 230 Burlington — ^act to incorporate the Mitchell Fire Company, Num- ber Four, of the city of 28 c Caledonian Club of Hudson county — act to incorporate the 41 Camden Hospital — act tj incorporate the 170 Camp Meeting Association, the New Jersey Conference — supple- ment to act to incorporate 240 Canal Company, the Hoboken Ship — supplement to act to incor- porate 165 Cape May — act to incorporate the Sea Qrove Aflsociation of the County of. 14 1 INDEX TO PRIVATE LAWS. 810 P*ge. Cape May City Passenger Railway Company — act to incorporate die 8^ Cemetery Company, of Keyport, the Baritan — supplement to act to incorporate .' 214 of the Holy Sepulchre — an act for the protection and the preservation of the 7 the Stanhope Union — act to incorporate 69 Central Stock Yard and Transit Company — act granting certain powers to the 215 Chapel, the East Newark Wesley — act to change the name of 236 Children's Sea Shore House at Atlantic City, for Invalid Children — supplement to act to incorporate the 19 Christian Association of Newark, the Women's — supplement to act to incorporate.... 163 Chiirch of the Holy Innocents — act to incorporate the Trustees of 121 at Woodstown, the Presbyterian — act to authorize trus- tees to sell and convey real estate 67 the West Side Avenue Methodist Episcopal — supplement to act to authorize to mortgage 181 Citizens Gas Light Company of Newark — lupplement to act to incorporate the 79 dub, the Central New Jersey Yacht, of Elizabeth — act to incor- porate 283 the Long Beach, of New Jersey — act to incorporate 241 Company, Liberty Fire Engine, Number Seven, of the City of Paterson — act to incorporate 10 Repaupo Meadow — ^supplement to act to incorporate the 235 the West Jersey Railroad — supplement to act to incor- porate .* 17 the Shrewsbiuy Mutual Fire Insurance — act to extend act to incorporate 17 the Newark Firemen's Insurance — supplement to act to incorporate 22 to issue bonds — act to authorize the Belvidere Delaware Railroad 24 the Trenton Banking — act to extend the charter of . . . . 27 the Mitchell Fire, of tlie City of Burlington — ^act to incorporate 28 Number One, the Excelsior Hook and Ladder, of Scotch Plains — act to amend act to incorporate 29 the Newark Fire and Marine Insurance — supplement to act to incorporate 85 the South Jersey Telegraph — act to incorporate 38 the Bashing Lime Patent — act to incorporate 244 the People's Loan and Trust — act to incorporate 115 the Ocean Beach and Sciuan River Turnpike — ^act to restore and make valid act to incorporate 130 "the Hoboken Land and Improvement — supplement to act to incorporate 128 Atlas Assurance Guarantor* — .ict to incorporate the 39 320 INDEX TO PRIVATE LAWS. Company, Elizabeth and Newark Horse Railroad — supplement to act to incorporate the 123 the New Jersey Trust, of Newark — ^act to incorporate. 117 the PeuBsaic Brick, Tile and Manufacturing — ^supple- ment to act to incorporate 108 the South Orange Gob Light — act to incorporate 132 the Union Cranberry — act to incorporate HI the Paterson Locomotive and Merchants Express — act to incorporate 109 the Spring Lake Beach Improvement — ^act to incor- porate 100 the Way Creek Meadow and Money Island Meadow — act to enable owners to maintain roads. 1(^ the Essex Sewage — act to incorporate 98 the American Dredging — supplement to act to con- firm the title of 97 the United States Fertilizing and Chemical — ^supple- ment to act to incorporate 89 the West Jersey Mutual Insiurmce — act tci incorporate 93 the River, Dock and Warehouse — act to incorporate . . 147 the Hackensack Water — supplement to act to incorpor- ate 256 the Piissaic Water — ^supplement to act to incorporate. . 254 the New Jersey Homestead — act to amend, extend and increase powers of 239 the Manufacturers' Land and Improvement — ^supple- ment to act to incorporate 232 tlie Newark and South Orange Horse Car Railroad — act to revive supplement to act to incorporate 238 the Independent Printing — act to incorporate 225 the Red Bank and Rumsun Nock Railroad — supple- ment to act to incorporate 162 the Gloucester Water Works — supplement to act to in- corporate 232 the New Jersey Sugar Refining — supplement to act to act to incorporate 248 the Hopewell Printing — act to incorporate 246 the Wcehawken Ferry and Guttenberg Passenger Rail- w^ — ^act to incorporate 218 the Elizabethport Publishing — act to incorporate 228 the Hoboken Ship Canal — supplement to act to incor- porate 165 the Newark and South Orange Horse Car Railroad — supplement to act to incorporate 167 the Raritan C emetery, of Keyport — supplement to act to incorporate 214 the Central Stock Yard and Transit — ^act granting cer- tain powers to 215 the M^^orestown Pursuing and Detective — act to incor- porate 171 the Warren County Gas Light — act to incorporate 174 the Atlantic City Water — act to incorporate 202 INDEX TO PRIVATE LAWS. 321 Viige. Company, the Highlands and Sea Bright Turnpike — ^act to inoor- porate 191 the Berlin and Haddonfield Turnpike — ^act to incor- porate 182 the Franklin Lake — supplement to act to incorporate . . 160 the Manchester Land — supplement to act to incorpor- ate 161 the South Moimtain and Boston Railroad — supplement to act to incorporate 163 the Newark Stove Platform — act to revive act to incor- porate 164 the Newark and Irvington Horse Car Baihroad — sup- plement to act to incorporate ■ 166 the Port Royal Navigation — supplement to the charter of 168 the Lackawanna Lron and Coal — act to authorize to hold lands, etc 159 the Gloucester City Printing and "Publishing — act to incorporate 152 the Reudrock Powder — act to incorporate 148 the New Jersey and New England Telegraph — act to incorporate 209 the High Bridge Railroad — supplement to act to incor- porate 88 the Highwood Land — act to confirm and make valid act to incorporate 82 the Home Mutual Fire Insurance, of Newark — ^supple- ment to act to incorporate 81 the Citizens' Ons Light, of Newark — supplement to act to incorporate 79 the Rahway Gas Light — supplement to act to incor- porate 83 the Elizabethtown Water — supplement to act to incor- porate 76 the May's Landing Water Power — supplement to act to incorpoi*ate 75 the Warren Foundry and Machine — supplement to act to incorporate 73 the Cape May City Passenger Railway — ^act to incor- porate 84 the Peoples' Fire Lisurance, of Trenton — supplement to act to incorporate 57 the New Brunswick and Cranberry — supplement to act to incorporate 72 the New York and Long Brandi Railroad — supplement to act to incorporate 45 the Eatontowu and Sea Shore Turnpike — ^supplement to act to incorporate 46 the Ossenberg Hose of Trenton — act to incorporate. . . 51 the Union Lron — supplement to act to incorporate 60 the Farmingdale and Squan Village Railroad — supple- ment to act to incorporate 61 f 322 INDEX TO PRIVATE LAWS. Company, the Essex County Printing and Publishing — act sup- plementary to act to incorporate 286 the Trenton Horse Bailroad — ^supplement to act to in- corporate 285 the Union Ferry, of Hudson county — act to incorpor- ate 260 the Montgomery Fire Insurance — act to incorporate. . 267 the National Real Estate Loan and Deposit — act to in- corporate 272 the Tubular Transit, of Staten Island — supplement to act for the relief of 284 the New Jersey and Eastern Transportation — act to in- corporate 278 the New Jersey Agricultural Insurance — act to incor- porate 294 the Fruit Growers Trade — act to incorporate 292 the Mutual Fire Insurance, of Hudson coimty — act to incorporate 62 Concert Hall Association of Moiint Holly — act to incorporate the. 19 Co-operative Association, the Dairymen's — ^act to incorporate 289 Cougle, Anna Maria — .act to confirm sale and conveyance made by 25 Coxon, George W., to Gaorge W. Barr — act to change the name of 230 Cranberry Company, the Union — ^act to incorporate Ill Curling Club, the Jersey City — act revising act to incorporate 169 r> Dabb, Raymond and Annie Meeker — act to change the name of . . 22 Dairymen's Co-operative Association — act to incorporate the. . . . 289 Dodd, John — act to vest title of State in land of, in his widow . . 131 Downs, Township of — act to authorize owners of, &c., to build over Ware Creek 30 Dime Savings Institution of Plainfield — supplement to act to in- corporate the 140 Driving Park Association, the Ewingville — act to incorporate 144 E East Newark Wesley Chapel — act to change the name of the 235 Eatontown and Sea Shore Turnpike Company — ^supplement to ad to incorporate the 46 Elizabethpoi-t Publishing Company — act to incorporate the 228 Elizabethtown Water Company — supplement to act to incorporate the 76 Engine Company, Liberty Fire, Number Seven, of the City ol Paterson — an act to incorporate 10 Essex County Printing and Publishing Company — ^act supple- mentary to act to incorporate the 286 Sewage Company — ^act to incorporate the 98 INDEX TO PRIVATE LAWS. 323 Page. Excelsior Hook and Ladder Company, Number Qne, of Scotch Plains — act to amend act to inooi-porate 29 Exchange, the New Jersey Stock — act to incorporate 114 F Fair Grounds Association, the Passaic County — act to incorpo- rate 31 Ferry Company, the Union, of Hudson county — act to incorpor- ate 260 Fire and Marine Insurance Company, the Newark — supplement to act to incorporate 35 Company, the Mitchell, of the City of Burlington, act to incorporate 28 Insurance Company, the Shrewsbury Mutual — act to extend act to incorporate 17 Insiurance Company of Newark, the Hibemia Mutual — sup- plement to act to incorporate 18 Firemen, the Association of Exempt — act to incorporate 49 Franklin Lake Company — supplement to act to incorporate the..., 160 Freehold Mutual Loan Association, Third Series — act to change the name of tlie. 124 Friendly Society, the Widows and Orphans' — supplement to act to incorporate 35 Fruit Growers Trade Company — act to incorporate the 292 a Gas Light Company, the South Orange — act to incorporate 132 Warren county — act to incorporate 174 Germania Mutual Savings Institution — act cx>n firming and making vaUd the act to incorporate.. . 68 Savings Honk of Jersey City — supplement to act to in- corporate the 249 Gloucester City Printing and Publishing Company — act to incor- poi-ate the 162 Water Works Company — supplement to act to incor- porate the ". 232 Grace Church, the Parish of — ^act authorizing the Bishop of the Diocese of Northern New Jersey to register certain acts on the register of 37 Grain Weighers and Measiurers, Jersey City Board of — supple- ment to act to incorporate 201 Ha.'kei:8ick, the Reformed Church of — act to change the name and relations of 119 to Hoboken — supplement to act establishing turn- pike road from the town of 54 Water Company — supplement to act to incorporate. 256 r 324 INDEX TO PRIVATE LAWS. Hibemia Mutual Fire Insurance Company of Newark — ^supple- ment to act to incorporate the 18 Highlands and Sea Bright Turnpike Company — act to incorporate the 191 Highwood Land Company — ^act to confirm and make valid act to incorporate the 82 Hoboken Bank for Savings — supplement to act to incorporate the 80- Land and Improvement Company — supplement to act to incorporate the 128 Ship Camd Company — supplement to act to incorporate tlie ie5 Holy Innocents, the — act to incorporate Trustees of the Church of 121 Home Mutual Fire Insurance Company, of Newark — supplement to act to incorporate the 81 Homestead Company, the New Jersay — Ji3t to amsnd, extend and increase powers of 239 Hope, Knowlton and Blairstown Horse Protection Society — :4ct to incorporate 251 Hopewell Printing Company — act to incorporate the 246 Homer, Barbara — act to confinn title of lands given by John Jufer to 143 Horse Protection Society, the Hope, Knowlton and Blairstown — act to incorporate 251 Hospital, the Ciiniden — act to incorporate 170 Hudson County — act to incx)rporate the Caledonian Club of 41 Independent Printing Company — act to incorporate the 225 Insurance Company of Newark, the Hibemia Mutual Fire — ^sup- plement to act to incorporate 18 the Montgomeiy Fire — ^act to incorporate.... 267 Mutual Fire, of Hudson county — act to incorporate 62 New Jersey Agricultural — act to incor- porate 29i Newark Firemen's — supplement to act to incorporate 22 Newark Fire and Marine — ^supplement to act to incoi-porate 35 Peoples* Fire, of Trenton — supplement to act to incorporate 57 West Jersey Mutual — act to incorporate. 98 Iron Company, the Union — supplement to act to incorporate 60 Invalid Children, the Children's Sea Shore House at Atlantic City for — supplement to act to incorporate 1^ Jersey City Board of Grain Weighers and Measurers — supple- ment to act to incorporate the 201 INDEX TO PRIVATE LAWS. 325 Page. Jersey City Curling Club — act reviqjng act to incorporate the.. . . 169 Savings Bank — ^act to incorporate the 298 Jufer, John — act to confirm title of lands given by, to Barbara Homer 143 Ej^hele, John Adam — act to change the name of 237 Lackawanna Iron and Coal Company — ^act to authorize the to hold lands 159 Lafayette Steam Fire Engine Company, Number Eight, of the City of Paterson — act to incorporate 12 Lambertville Building and Loan Savings Bank — ^supplement to act to incorporate 78 Land and Improvement Company, the Manufacturers' — supple- ment to act to incorporate 232 Lawrence Grange of Patrons of Husbandry — act to incorporate . 245 Liberty Fire Engine Company, Number Seven, of the City of Paterson — an act to incorporate the 10 Livingston Baptist Society, the — act to authorize to sell and con- vey certain lands and real estate in Essex county 48 Loan and Deposit Company, the National Beal Estate — act to in- corporate 272 Improvement Association, the Vineland — supplement to act to incorporate 23 Trust Company, the People's — act to incorporate 116 Lodge, Worthy Grand, of the American Protestant Association — act to incorporate 46 Long Beach Club of New Jersey — act to incorporate the 241 Longwood Valley Bailroad — supplement to act to incorporate the 62 ]M MamdapaxL and Freehold Turnpike — ^act to vest in purchasers thereof 140 Manchester Land Company — supplement to act to incorporate the 161 Manufacturers Land aoid Lnprovement Company — supplement to act to incorporate the 232 Maxwell Savings Bank — act to incorporate the 178 May's Landing Water Power Company — supplement to act to in- corporate the 75 Mechanics BuOding and Loan Association of Florence — act to regulate the collection of taxes of the 230 the State Council of the Junior Order of United American — act to incorporate 52 Mercantile Association of Swedesboro', the Union- -act confirming and making valid the act to incorporate 258 r 326 INDEX TO PRIVATE LAWS. Methodist Episcopal Church of Jersey City, the West Side Avenue — supplement to act to authorize to mortgage . . 181 Michaels, Mary J — act to change the name of 231 Miners* Savings Bank of Dover — supplement to act to incorporate the 4B Mission, the New Brunswick City — ^act to incorporate 157 Mitchell Fire Company, Number Four, of the City of Burling* ton — act to incorporate the 28 Montgomery Fiae Insurance Company of Jersey City — act to in- corporate the 267 Moorestown Pursuing and Detective Company — ^act to incorporate the 171 Mount Holly — act to incorporate the Concert Hall Association of. 19 Mutual Fire Insurance Company of Newark, the Hibemia — sup- plement to act to incorporate 18 the Slirewsbury — act to extend act to incorporate 17 Name of John Adam Kachele — act to change the 237 Joanna F. PhiUips, Mary M. Plullips and Henry D. PhiUips — act to change the 231 George W. Cozson to Gteorge W. Burr — act to change the 230 Mary J. Michaels — act to change the 231 National Heal Estate Loan and Deposit Company — act to incor- porate the 272 New Brunswick City Mission — act to incorporate the 157 Newark Firemen's Insurance Company — supplement to act to in- corporate the 22 the Hibemia Mutual Fire Insurance Company of— supplement to act to incorporate 18 and Irvington Horso Car Bailroad Company — supple- ment to act to incorporate the 166 and South Orange Horse Car Bailroad Company — ^act to revive supplement to act to incorporate the 238 the Triton Boat Club of — act to incorporate the 200 Unabhangiger Turn Verien — act to incorporate the 224 Stove Platform Company — act to revive act to incorpor- ate the 164 and South Orange Horse Car Bailroad Company — ^sup- plement to act to incorporate the 167 New Jersey Agricultural Insurance Company — act to incorporate the 294 Conference Camp Meeting Association — supplement to act to incorporate the 24fl and Eastern Transportation Company — act to incor- porate the 278 and New England Telegraph Company— act to incor- porate the 209 Homestead Company — ^act to amend, extend and in- crease powers of the 239 INDEX TO PRIVATE LAWS. 327 Page. New Jersey Yacht Club, The Central, of Elizabeth — ^act to incor- porate 282 New York and Long BnAch Railroad Company — supplement to act to incorporate 45 o Orange Orphan Society — a further supplement to the act to incor- porate the 9 Order, United American Mechanics State Council of the Junior — act to incorporate the 52 Oosenberg Hose Company of Trenton — act to incorporate the 51 Pjjasaic Brick, Tile and Manufacturing Company — supplement to act to incorporate the 108 Water Company — ^supplement to act to incorporate the . . . 254 County Fair Grounds Association— act to incorporate the. 31 I*ater8on — act to incorporate Lafayette Steam Fire Company, Number Eight, of 12 act to incorporate Liberty Fire Engine Company, Number Seven, of 10 Locomotive and Merchants* Express Company — act to incorporate the 109 prttrons of Husbandly, Lawrence Grange, Number 40, of — act to incorporate 245 Paulsboro' Hall Association — act to incorporate the 57 PhiUipsburg Building and Loan Savings Company — supplement to act to incorporate the 159 Phillips Joanna F., Mary M. and Henry D. — act to change the name of 231 Plainfield Dime Savings Institution — supplement to act to incor- porate the » 140 Presbyterian Church at Woodstown — act to authorize trustees to sell and convey real estate 67 Printing Company, the Hopewell — act to incorporate 246 the Lidependent — act to incorporate 225 Printing and Publishing Company, The Essex County — ^act sup- plementary to act to incorporate 286 Publishing Company, the Elizabethport — act to incorporate 228 Pursuing and Detective Company, the Moorestow?i — ^act to incor- porate y 171 Port Royal Navigation Company — supplement to the charter of the 168 Bohway — act to legalize the sale of real estate made in the city of 74 Gas Light Company — supplement to act to incorporate the J. . 88 328 INDEX TO PRIVATE LAWS. Railroad, the Bridgeton and Port Norris — ^supplement to the charter of 2S1 Longwood Valley — supplement to act to incor- porate 62 Railroad Company, the Elizabeth and Newark Horse — supplement to act to incorporate 123 Farmingdale and Squan Village — supple- ment to act to incorporate 61 High Bridge — ^supplement to act to incor- porate 88 Newark and Indngton Horse Car — supple- ment to act to incorporate 166 Newark and South Orange Horse Car — supplement to act to incorporate 167 Newark and South Orange Horse Car — act to revise supplement to act to incor- porate 238 New York and Long Branch — supplement to act to incorporate 45 Red Bank and Rumsun Neck — supplement to act to incorporate 162 South Mountain and Boston — supplement to act to incorporate 163 Trenton Horse — supplement to act to in- corporate 285 West Jersey — supplement to act to incor- porate 17 to issue bonds — act to authorize the Belvidere Delaware 24 Railway Company, the Cape May City Passenger — an act to incor- porate 84 Weehawken Ferry and Guttenberg Pas^ senger — act to incorporate 218 Raymond Dabb and Annie Meeker Dabb--act to change the names of 22 Real Estate Loan and Deposit Company, the National — ^act to in- corporate 272 — act to legalize sale of certain, in Rahway. 74 Red Bank and Rumsun Neck Railroad Company — supplement to act to incorporate the 162 Reformed Chiurch of Acquackanonk — supplement to act to an- thorize and empower to assess the pews of the 121 Hackensack — act to change the name and relations of 119 Rendrock Powder Company — act to incorporate the 148 Repaupo Meadow Company — lupplement to act to inoorpoiate . . 235 River Dock and Warehouse Company — act to incorporate the 147 8 Sayings Bank, the Maxwell — ^act to incorporate 178 1 INDEX TO PRIVATE LAWS. 329 » Sayings Bank, the Somerset County Building and Loon — act to incorporate 13(3 g South Orange — act to incorporate 125 Savings Institution of Plainfield, the Dime— supplement to act to incorporate 140 the GermauiA Mutual — act confirming and validating act to incorporate (58 Saint Patrick's Mutual Alliance and Benevolent Association — act to incorporate the 15(5 Salem Creek, wharf in front of lands on — act to authorize certain persons to build and maintain 44 Scotch Plains — act to amend act to incorporate the Excelsior Hook and Ladder Company of 29 Sea Grove Association, of the Coimty of Cape May — act to to in- corporate 14 Sepulchre, Cemetery of the — an act for tlie protection and preser- vation of 7 Sewage Company, the Essex — act to incorporate 97 Singing Society, the Trenton Liedertafel — act to iucori)orate . . . . 1()4 Society, the Hope, Knowlton and Blairstown Horse Protection — act to incorporate 251 Livingston Baptist — atit to authorize to sell and con- vey certain lands and real estate in Essex county . . 48 Orange Orphan — supplement to act to incorporate . . 9 Somerset County Building and Loan Savings Bank — act to incor- porate 18(5 South Mountain and Boston Railroad Company — supplement to act to incorporate the 1(53 Jersey Telegraph Company — ^act to incorporate the 38 Spring Lake Beach Improvement Company — act to incorporjit(» the 100 Stanhope Union Cemetery — act to incorporate the 09 Stevenson, A. Preston C. — an act to change the name of 3 Preston — an act to change tlie name of A. Preston C. Stevenson to 3 Stock Exchange, the New Jersey — act to incorporate 114 Sugar Befining Company, the Now Jersey — 3upi)lement to act to incorporate 248 T Telegraph Company, the New Jersey and New England — act to incorporate 209 South Jersey — ^act tb incorporate 38 Transportation Company, the New Jersey and Eastern — act to in- corporate 278 Transit Company, the Tubular of Staten Island — supplement to act for th« rehef of the 284 Trenton Banking Company — ^act to extend the cliai'ter of 27 the Baptist Association of — act to incorporate 34 Horse Railroad Company — ^supplement to act to inc