CHAPTER XXXI. An Act relating to street railways.

1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for any street railway company which now uses the tracks of another street railway company as a part of its route to change the gauge or width of its tracks to conform to the gauge and width of the tracks of the company by whose tracks it so uses as a part of its route.

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

Approved February 12, 1895.

CHAPTER XXXII.

A Further Supplement to the "Act respecting conveyances" (Revision), 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 hereafter the deputy county clerk in any coun-

ty of this state be and he hereby is authorized, during his continuance in office, to perform all the duties and exercise all the powers belonging to the office of commissioner for taking the

acknowledgment and proofs of deeds; and which deputy county clerk, upon taking any acknowledgment and proof by virtue of the powers conferred by this act, shall affix to his signature

the words "deputy county clerk."

2. And be it enacted, That this act shall take effect immediately. Approved February 19, 1895.

CHAPTER XXXIII.

A Supplement to an act entitled "An act to establish a system of public instruction" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four.

Whereas, By reason of the change in the boundaries of school districts the school census taken in May, one thousand eight hundred and ninety-four, is not a correct census of the number of children between the ages of five

and eighteen years who were residents on the thirty-first day of May last of the several school districts in this state as they now exist; and whereas, it is necessary that the school census taken as aforesaid be revised

and the children credited to the districts in which they reside; therefore,

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the state superintendent of public instruction shall have power, and it shall be his duty, to cause

the school census taken during the month of May, one thousand eight hundred and ninety-

four, to be revised and corrected in accordance with the rules adopted by the state board of edu-

cation, as provided in the second section of this act, so that it shall be a correct statement of the number of children between the ages of

five and eighteen years who were residents on the thirty-first day of May last of the several school districts in this state as said districts are constituted on the first day of April, one thousand eight hundred and ninety-five.

2. And be it enacted, That it shall be the duty of the state board of education to adopt such rules, as in its judgment it may deem necessary, as will secure a just and equitable revision of the school census taken in May, one thousand eight hundred and ninety-four.

3. And be it enacted, That all expenses incurred in carrying out the provisions of this act shall be paid out of any moneys in the state treasury not otherwise appropriated, on the warrant of the comptroller, upon bills duly certified by the state superintendent of public instruction and approved by the state board of education.

4. And be it enacted, That this act shall take effect immediately. Approved February 12, 1895.

CHAPTER XI. An Act concerning the cremation of garbage, and authorizing the acquisition of lands and the erection of crematories thereon, in the cities of this state.

1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That whenever, in the opinion of the common council, board of aldermen, or other governing body having charge of the streets of any city of this state, it shall be necessary to cremate the garbage and other refuse collected in such cities, it shall be lawful for such commission council, board of aldermen or other governing body to purchase, in the corporate name of the city, all necessary lands and real estate in such city, and to erect thereon a building or buildings, and equip the same with all appliances necessary and suitable for the cremation of such garbage and refuse matter. 2. And be it enacted, That to provide moneys necessary to pay for such lands and real estate, and the erection and equipment of such buildings, it shall be lawful for such common council, board of aldermen or other governing body having charge and control of the finances of such city, to issue bonds in the corporate name of the city, not exceeding the amount required to be paid for such lands and real estate and the erection and equipment of such buildings, pledging for the redemption thereof the faith of said city, under the seal of the city, signed in the manner prescribed by law, and attested by the city clerk, of such denominations as said common council, board of aldermen or other governing body shall deem fit, bearing interest at a rate not exceeding five per centum per annum, and redeemable in not more than twenty years from the date of issue, and to dispose of the same for the best price that can be obtained, but at not less than par value, and to provide for the redemption thereof and the payment of the interest thereon, by taxation. 3. And be it enacted, That if in the opinion of the common council, board of aldermen or other governing body having control of the streets of such city, it is more advantageous for such city to have such garbage and other refuse matter creamted by persons other than the city authorities, and at crematories not owned by the municipal corporation, it shall be lawful for such common council, board of aldermen or other governing body to make a contract or contracts, not exceeding the term of five years at a time, with any corporation or individual for the cremation of such garbage and other refuse matter, and it shall be the duty of such common council, board of aldermen or other governing body having charge of the finances of such city, during the continuance of such contract or contracts, to annually raise by taxation the sum needed to defray the expense of such collection and cremation for the fiscal year then next ensuing.

4. And be it enacted, That all acts and parts of acts, general, special and local, inconsistent with the provisions of this act, be and the same are hereby repealed, and that this act shall take effect immediately. Approved February 20, 1895.

CHAPTER XLIX. An Act to provide for the autonomy of certain cities in this state which have been created out of townships whose officers have continued to exercise their functions within the corporate limits of such cities. Whereas, Certain cities of this state have been heretofore created within the limits of the territory theretofore included within the boundaries of townships, and governed as such, and, notwithstanding the creation of cities, the township committees and other officers of such townships have continued to assert and exercise their powers as the governing bodies and officers of such townships, in and over and within the limits of such cities, by the assessment and collection of taxes and otherwise, whereby great confusion has arisen in the government of said cities; therefore, 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That from and after the passage of this act, no officer or officers of any township of this state from which any city has been heretofore created, the officers of which townships have continued to exercise their functions within the corporate limits of such city, shall perform any governmental act or exercise as an officer of such township any official function within or over any such city or the property or inhabitants thereof. 2. And be it enacted, That from and after the passage of this act, all taxes assessed or collected within the limits of such cities for any purpose shall be assessed or collected exclusively by the assessor or assessors, collector or collectors of such cities, who shall discharge the same duties and exercise the same powers conferred by law upon assessors and collectors of taxes in such cities; and such assessors of taxes of such cities shall be members of the board of assessors of the counties in which such cities may be situated. 3. And be it enacted, That in each of such cities, unless otherwise provided for by law, there shall be elected at the charter election so many overseers of the poor as are or may be authorized by law to be elected in each of the townships of the county in which such city is situated. 4. And be it enacted, That in each of such cities there shall be elected at the charter election so many chosen freeholders as are or hereafter may be authorized by law to be elected in each of the townships of the county in which such city is situated.

5. And be it enacted, That in each of such cities, or in each of the wards thereof, there shall be elected at the next charter election, and thereafter as their terms of office may expire, so many justices of the peace as are now authorized by the constitution; said justices shall hold office for the term now fixed by law for the justices of the peace elected in townships of this state, and shall have the same jurisdiction and powers as such justices; vacancies in said office shall be filled at the charter elections in the said city in the same manner as is now done in the case of vacancies in the offices of justices elected in townships. 6. And be it enacted, That the township committees of such townships and the finance committees of such cities (or committees in charge of the finances of such cities) shall meet within thirty days after the passage of this act, in the city halls of such cities or other place or places wherein the common councils of such cities now meet, and shall then and there proceed, by writing signed by a majority of the members of said committees present, to allot and divide between such cities and townships all property, real and personal, choses in action, moneys on hand, tax liens, or the right thereof, due or to become due, in proportion to the taxable property and ratables as assessed by the respective assessors within the limits of such cities and townships at the last assessment for taxing purposes made by the respective assessors in such cities and townships, and may adjourn said meetings from time to time, as a majority of those present may deem proper; and the inhabitants of the said respective cities and townships shall be liable to pay their just proportion of the debts, if any there may be; and a majority of the persons comprising said committees shall constitute a quorum, and may proceed to make the said division, and shall, within six months from the time of said first meeting, make their report in writing to the city clerk of such cities and to the township clerk of such townships, to be filed by such officers with the public records of the respective cities and townships; provided, that such award and determination of said committees shall be reviewable by certiorari by the supreme court at the instance of any freeholder within any of such cities or townships, and on the hearing of said certiorari the said court shall have power to determine and settle in a summary manner all of the questions brought up by the said writ, and shall have power to adopt such rules and proceedings as may enable it to carry into effect and the true intent and meaning of this section. 7. And be it enacted, That all acts or parts of acts inconsistent with or repugnant to this act, in so far as they are inconsistent with or repugnant hereto, be and the same are hereby repealed, and that this act shall take effect immediately; provided, however, that nothing in this act contained shall prevent or in any way interfere with the collection in such cities by the officers of said township of taxes heretofore assessed upon persons or property within the limits of such cities by said township assessor, but the payment of such taxes may be enforced in the same manner and to the same extent as if this act had not been passed. Approved February 25, 1895.

JOINT RESOLUTION NUMBER 1. Joint Resolution relating to epileptic persons and the care and treatment of the same.

Whereas, It appears that there are hundreds of epileptic persons in this state, many of whom are in our insane asylums and institutions for the feeble-minded, without those proper environments and that special care and treatment suited to their mental and physical condition; therefore 1. Be it resolved by the Senate and General Assembly of the State of New Jersey, That a commission of five persons, residents of this state, three of whom shall be physicians and two laymen, be appointed by the governor, by and with the advice and consent of the senate, to make careful investigation of this subject, and report at the session of the legislature in the year one thousand eight hundred and ninety-six the results of their deliberations. 2. And be it resolved, That a sum not exceeding six hundred dollars be and is hereby appropriated to meet the necessary expenses of the said commission in visiting the two state institutions for epileptics in New York and Ohio, and in making such other investigations as the commission may deem proper, and that the treasurer of the state, on the warrant of the comptroller, shall pay the aforesaid commission the expenses assumed within the above-named limits of six hundred dollars, the commission first specifying in writing the items of expense. 3. And be it resolved, That this act shall take effect immediately. Approved February 19, 1895.

CHAPTER LVI. A Further Supplement to the act entitled "An act providing for the formation and government of towns," approved April twenty-fourth, anno domini one thousand eight hundred and eighty-eight.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall

be lawful for the town council of any town in this state that heretofore may have, or hereafter shall, become a body politic and corpor-

ate under and by the authority of the act of April twenty-fourth, one thousand eight hundred

and eighty-eight, entitled "An act providing for the formation and government of towns," upon the petition in writing of not less than fifty persons, who shall be citizens and voters

of such town, from time to time to increase, by ordinance, the number of wards thereof, and to

change the lines of such wards as may be now

existing or that may be hereafter created; pro-

vided, however, that each ward shall consist of contiguous territory and shall contain, as nearly as possible, an equal number of inhabitants.

2. And be it enacted, That all acts or parts of acts inconsistent herewith are hereby repealed, and that this act shall take effect immediately. Approved February 26, 1895.

CHAPTER LII. An Act authorizing and concerning the imprisonment of persons fined for violating city ordinances and who shall refuse or neglect to pay such fines.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cases where a conviction is had for the violation of any city ordinance, and a pecuniary penalty or fine has been imposed for such violation, if the person found guilty of such violation shall refuse or neglect to pay the amount of such penalty, together with all costs and charges incident thereto, the court, justice of the peace, police justice, or recorder rendering such judgment is hereby empowered to commit such person to the county jail or workhouse of the county in which such conviction shall be had, for any period not exceeding ninety days, and said court, justice of the peace, police justice or recorder is further empowered, upon proof made that such person so committed has paid said penalty, together with all costs and charges incident thereto, to order said person to be discharged from said commitment. 2. And be it enacted, That it shall be the duty of the keeper of the jail or workhouse of the proper county to receive and safely keep every person who shall have been committed pursuant to the foregoing section, for the time named in such commitment, unless sooner discharged by the order made as aforesaid. 3. And be it enacted, That all acts and parts of acts inconsistent herewith be and the same are hereby repealed, and this act shall go into effect immediately. Approved February 26, 1895.

CHAPTER XLVIII. An Act to provide for free lectures for working men and working women. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the boards of education in cities of this state, or other municipalities containing over ten thousand population according to the last census, are hereby authorized and empowered to provide for the employment of lecturers on the natural sciences and kindred subjects in the public schools in any said city, or other municipality, in the evenings, for the benefit of working men and working women. 2. And be it enacted, That the said boards of education shall have power to purchase the books, stationery, charts and other things necessary and expedient to successfully conduct said lectures, which it shall have power to direct.

3. And be it enacted, That no admission fee shall be charged, and at least one school in each ward, or subdivision of each city or municipality, where practicable, shall be designated by the said board of education for the purpose of carrying out the provisions of this act, and at least one lecturer shall be delivered during each of the months of October, November, December, January, February and March in each year, which shall be advertised in a daily or weekly paper published in said city or municipality at least ten days in advance of the delivery thereof.

4. And be it enacted, That the boards of education of any of the said cities or municipalities are hereby authorized to meet previous to the first day of September, in the year one thousand eight hundred and ninety-five, and provide the necessary appropriations for the purpose of carrying out the provisions of this act. Approved February 25, 1895.

CHAPTER XLVI. An Act to authorize borough commissioners to order and regulate the construction of sidewalks, and to provide for the payment of the expenses of the same.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the incorporated borough commissions of this state shall have power, through their several legislative bodies, to pass an ordinance for the regulation, construction and repairs of sidewalks, and thereby to fix and determine the method in which sidewalks in such borough commissions shall be constructed, repaired and maintained from materials out of which the same shall be constructed; also to provide for the payment of the cost of such construction, repair and maintenance; provided, however, that the property-owners may construct, at their own expense, sidewalks of any materials that may be allowed by general ordinance of such borough. 2. And be it enacted, That any such borough commission may prescribe, by general ordinance, repaired and maintained at the expense of the abutting land-owners; whenever in any borough commission it shall hereafter become the duty of any borough commission it shall hereafter become the duty of any owner of abutting lands, under the ordinance of a borough commission, to construct, alter or repair any sidewalk or section thereof, the authorities of such borough commission may cause a notice in writing to be served upon the owner or occupant of said lands, requiring the specified work to said sidewalks to be done by said owner or occupant within a period of not less than twenty days from the date of service of such notice; whenever any lands are unoccupied, and the owner cannot be found within the borough commission, the same may be mailed, postage prepaid, to his or her post-office address, if the same can be ascertained; in case such owner is a non-resident of the borough commission, and his or her post-office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in some newspaper printed in the township wherein said borough commission is situate; in case the owner or occupant of said lands shall not comply with the requirements of such notice, it shall be lawful for the street department of the borough commission to cause the required work to be done and paid for out of the moneys of the borough commission to the credit of the street department; the cost of such work shall be lawful for the street department of the borough commission to cause the required work to be done and paid for out of the moneys of the borough commission to the credit of the state department; the cost of such work shall be certified by the person or persons having charge thereof to the person having charge of the collection of taxes and assessments in such borough commission; upon filing said certificate with with the collector of taxes of said borough commission the amount of the cost of such work shall be and become a lien upon the said abutting lands in the front of or on the side of which such work was done; and it shall and may be lawful for the authorities in such borough commission to place the assessments made against any property improved in the manner specified in this act in the annual tax bill rendered to the owner or owners of such property, and the same officers as taxes are or may be collected in such borough commissions; in addition thereto the borough commission may have an action upon contract to recover the said amount against the owner of said lands in any court having obtained jurisdiction thereof; the certified copy of the aforesaid certificate shall in such an action be prima facie evidence of the existence of a debt due from the said owner to the borough.

3. And be it enacted, That all moneys recovered or paid to the borough commission under the provisions of the last preceding section shall be credited to the account out of which the cost of the work was paid.

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

Approved February 25, 1895.

CHAPTER LVII.

An Act to incorporate societies for the perpetuation of the history of the colony of New

Jersey, and the other American colonies, and the memory of the men who assisted in the

establishment and preservation of the said colonies.

1. Be it enacted by the Senate and General As-

sembly of the State of New Jersey, That any association of not less than fifteen male citizens of this state, united to perpetuate the colonial history of New Jersey from the period

of it settlement to the commencement of hos-

tilities at the battle of Lexington, April nineteenth, one thousand seven hundred and seven-ty-five, in the war of the revolution, and further to perpetuate the memory of the men who,

in military, naval and civil positions of trust and responsibility, by their acts and counsel as-

sisted in the establishment, defense and preservation of the colony of New Jersey, and of

the other American colonies, be and they are hereby authorized at any regular or special meeting of such associations called for that purpose to adopt a name by which it shall be known and to elect by ballot such officers as may be deemed necessary and to make and cause to be recorded in the office of the clerk of the county where

such meeting and election shall have been held a certificate under the hands and seals of such officers setting forth the name and objects of such association and the names of the officers so elected and after recording such certificate as aforesaid to file the same in the office of the secretary of state, whereupon such association shall be and become a body corporate in fact and in law.

2. And be it enacted, That there shall be paid to the county clerk recording such certificate the sum of two dollars and to the secretary of state the sum of five dollars as fees for recording and filing the same.

3. And be it enacted, That this act shall take effect immediately. Approved February 26, 1895.

CHAPTER XXX.

An Act to enable cities to lease lands for school purposes and to raise money to build school houses thereon.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the city council or other legislative body of any city in this state tot lease lease [sic] lands for a term not less than ninety-nine years, for the erection of school houses thereon, and to raise money for such purpose by a loan on the credit of the city to an amount not exceeding forty thousand dollars. 2. And be it enacted, That this act shall take effect immediately. Approved February 19, 1895.

CHAPTER L.

A supplement to an act entitled "An act to establish a system of public instruction" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four.

Whereas, By reason of the consolidation of the several school districts in a township into one school district, a large number of children are not now residents of the districts in which they formerly resided; and whereas, in many cases a school-house in an adjoining district is more convenient of access in an adjoining district is more convenient of access to a large number of children than any school-house in the district in which such children reside; therefore,

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the boards of education of any two adjoining school districts may fix and determine the line between said districts in such manner as, in their judgment, may be for the best interests of the schools; the line thus determined shall be accurately described, and a copy thereof filed with the state and county superintendents and with the district clerks, and the property and children transferred from one district to the other shall become and be a part of the district to which they have been annexed; in case the boards of education of two adjoining districts are unable to agree, the county superintendent shall, when petitioned so to do, with the approval of the state superintendent, fix said line, and shall file a copy of the description thereof with the state superintendent and with the district clerk of each of the boards of education; provided, that when the districts are situated in adjoining counties, and the boards of education are unable to agree, the line between said districts shall be determined by the county superintendents of said counties, acting jointly; and provided further, that any boundary determined and described as provided in this section shall remain and be the boundary line between said districts for a period of three years, but nothing in this section shall be construed as preventing the readjustment of said boundary at the expiration of the three years, and every three years thereafter.

2. And be it enacted, That the portion of any school district annexed to an adjoining district shall become and be a portion of the district to which it is annexed for all school purposes, and the property included in said section shall be deemed to be and be a part of the taxing district to which it is annexed for the assessing, levying and collecting of special school taxes, ordered to be raised for the current school expenses, text-books and supplies of the district to which said property has been annexed, but for no other purpose whatsoever; and whenever any special district tax shall be ordered raised for any of the purposes enumerated in this section in any school district the boundary line of which is not the same as the boundary of a taxing district, it shall be the duty of the district clerk to make out and sign a certificate thereof, under oath or affirmation, that the same is correct and true, and deliver the same to the assessors of the several taxing districts in which said school district is situated, and to the county superintendent; it shall be the duty of each of said assessors to assess on the inhabitants of that portion of the school districts residing within the limits of his taxing district, and on their estates and the taxable property therein, in the same manner as township taxes are assessed, such portion of said special tax as shall be found to be due from that portion of the school district assessed by him, and said money shall be assessed and collected; and it shall be the duty of the collector of each of said taxing districts to collect that portion of said taxes assessed upon the inhabitants and property of that portion of the school distrtict in his taxing district, and to turn over to the collector of other custodian of the school moneys belonging to said school district, the amount of tax assessed in that portion of said school district situated in his taxing district, and the assessor and collector of the fractional portion of any school district shall receive five cents and no more for each name for assessing, levying and collecting such special district school tax; but when the property to be assessed for any special school tax is the same as the property assessed for other than school purposes, then and in that case the assessor and collector shall not receive any special compensation for assessing, levying and collecting said special school tax.

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, and that this act shall take effect immediately. Approved February 25, 1895.

CHAPTER XXXIV. A supplement to an act entitled "An act respecting coroners" (Revision), 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 hereafter the jury of view and inquiry provided for in said act shall consist of six good and lawful men of the same county. 2. And be it enacted, That the said jurors shall receive a fee of one dollar each in each case and no more. 3. And be it enacted, That this act shall take effect immediately. Approved February 19, 1895.

CHAPTER XLII. A Supplement to an act entitled "An act for the establishment and government of a naval reserve of New Jersey," approved February twelfth, eighteen hundred and ninety-five.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, that section nine of the act to which this is a supplement be and the same is hereby amended so as to read as follows:

2. And be it enacted, That the naval reserve shall be commanded by a captain who shall be nominated by the governor and appointed by

him with the advice and consent of the senate;

the captain shall have power to appoint a staff to consist of an aide, a paymaster and a surgeon, each of the grade of lieutenant.

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

Approved February 20, 1895.

CHAPTER LIII. An Act respecting cities of the first class, and providing for the collection of personal taxes therein.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be the duty of the receiver of taxes, or other officer for the collection of personal taxes in cities of the first class in this state, within twenty days after the twentieth day of January in each year, to make out in books, which may be used as warrants, a list of names of delinquents in the payment of personal taxes for the previous year and deliver the same to the comptroller of such city.

2. And be it enacted, That it shall be the duty of the comptroller of such city, to whom such list of delinquents shall be returned as aforesaid, immediately upon the receipt thereof to administer to the receiver of taxes, or other officer for the collection of taxes in such city returning the same, an oath that the moneys in said list mentioned have been duly demanded or due notice thereof given or left at the usual place of residence of each delinquent who can be found or who may reside in said city, and thereupon as comptroller to issue his warrant directed to the receiver of taxes, or other

officer for the collection of taxes in such city, containing a list of the names of the several persons and the sum due from each respectively, either in figures or in words at length as the

same shall have been returned to him as aforesaid, and shall thereby command the said collector to cause the said several sums, with interest thereon as aforesaid, and all lawful costs and fees, to be levied and made of the goods and chattels of the several persons named therein and the date the same are due respectively, by

selling the same at public auction, giving at least four days' notice of the time and place of such sale by advertisements set up in five public places in such city, and in case the receiver of taxes, or other officer for the collection of taxes in such city, to whom such warrant is directed, cannot find sufficient goods and chattels of the said persons whereof the tax or taxes so due from them respectively with all costs and fees can be made, then the said warrant shall further direct the said receiver or collector of taxes shall take his or her body, if to be found in the county in which such city is located, and deliver the same to the sheriff of such county, or his jailer, to be kept in close and safe custody until payment be made of the said tax with costs; and the warrant of the said comptroller shall be of like force and effect as if the comptroller of such city were a jus-

tice of the peace duly authorized to make such warrant, and for the purposes of this act the comptrollers of the respective cities of the first class of this state shall have and possess all of the powers of justices of the peace; it shall not, however, be necessary for such comptrollers to have or keep a docket or to enter the name of the delinquent taxpayer or copies of their warrants in any docket; and such comptrollers shall not be entitled to any fees for services performed under this act.

3. And be it enacted, That the said warrants shall be made returnable by the receiver of taxes, or other collecting officer thereof, on the first Monday of November next ensuing, at which date the said warrants shall be returned to said comptroller with a full statement of all the taxes collected by virtue of said warrant, and the said comptroller shall thereupon, under his hand and seal, extend said warrant for such time not less than one year as he shall by indorsement thereon determine, and shall have power thereafter to extend the said warrant from time to time as he shall by further indorsement thereon determine.

4. 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 February 26, 1895.

CHAPTER XLVII. An Act to fix the time at which the term of office of township officers shall begin in counties of the first-class. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the term of office of all township and village officers who shall hereafter be elected in the several townships and villages in counties of the first-class in this state shall begin on the Monday next after the annual town meeting or election at which such officers shall be chosen; and such officers shall continue in office until their successors shall be duly elected and qualified. 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 February 25, 1895.

CHAPTER XXXVI.

An Act respecting criminal courts in cities of the first class in this state, and providing for the increase of jurisdiction thereof and regu-

lating the proceedings therein.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the criminal courts in any city of the first class in this state shall have jurisdiction to try and

determine all cases of assault, simple assault and battery, petty larceny and any other of-

fense, the penalty for which does not exceed a

fine of one hundred dollars or imprisonment for a term not exceeding six months, or both, where such assault, simple assault and battery, petty larceny or other offense is committed within

the corporate limits of the city in which such court is established, provided the person or

persons charged with any such offense shall, in

writing waive indictment and trial by jury.

2. And be it enacted, That whenever the judgment shall be tendered in any such criminal court, upon conviction of any of the offenses specified in the first section of this act, such proceedings shall be had thereupon for the purpose of obtaining satisfaction of the fine and costs, or costs, adjudged, by writ or writs of

fieri facias, or warrant or warrants in the nature of a capias ad satisfaciendum, in the like manner and to the same effect as in civil cases;

but such execution or executions, warrant or warrants in the nature of a capias ad satis-

faciendum, shall not have the effect to discharge the defendant or defendants from imprisonment, pursuant to the judgment of the court, until such judgment shall be satisfied. 3. And be it enacted, That the clerk of such court shall keep a record of all the cases tried in such court under the provisions of this act in a separate docket to be provided by the board of police commissioners of the city in

which such court is established, which docket

shall always be open to the inspection of any person lawfully entitled thereto, and all papers

in every cause tried in such court under the

provisions of this act shall be filed and remain in said court, and no record of conviction, other

than the record in said docket, shall be necessa-

ry in any case; a transcript of such docket, certified by the clerk under the seal of the court,

shall be received and taken in all courts and places as evidence of the matters therein con-

tained, and have the same probative force as the docket itself; the clerk shall furnish to any

person requiring the same a transcript of the record from said docket in any cause upon the payment to him of a fee of fifty cents.

4. And be it enacted, That there shall be paid monthly by the city in which such court is established the following fees: to the judge of the court a fee of three dollars for trying each cause under the provisions of this act; to the clerk a fee of two dollars in each cause, which fees shall constitute, together with the fees of the witnesses on the part of the state, the costs of the trial; all fines and costs collected shall be paid by the clerk of such court to the comptroller or city treasurer as now provided by law, who shall keep a separate account thereof, and no fees shall be paid to said judge and clerk except out of said moneys realized from fines and costs imposed and collected.

5. And be it enacted, That upon any conviction under this act the court may impose such penalty or penalties as may be provided by law for the offense of which the defendant shall be convicted.

6. And be it enacted, That any person waiving indictment and trial by jury as provided in the first section of this act, may be held to bail to appear for trial in said court at such time as may be fixed, and in default of such bail may be temporarily committed to the county jail of the county in which such court exists, and on the order of the judge making such commitment shall be brought before said court for trial.

7. 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, and that this act shall take effect immediately. Approved February 19, 1895.

CHAPTER XLIV.

A supplement to an act entitled "A further supplement to an act entitled 'An act for the formation of borough governments,' approved April fifth, one thousand eight hundred and seven-

ty-eight," which supplement was approved

May ninth, one thousand eight hundred and ninety-four, and is chapter one hundred and seventy-six of the laws of one thousand and eight

hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the second section of the act to which this is a supplement be and the same is hereby repealed; provided, however, that the term of office of any freeholder heretofore elected under said act shall be extended to and terminate on the

second Wednesday of May next.

2. And be it enacted, That at the annual elections for the borough officers, which are held on the same day that the annual township elections

are held in the various townships of this state, the legal voters of any borough heretofore or-

ganized under and by virtue of the act to which this is a supplement, embracing within its territory parts of more than one township, shall

be entitled to vote within such borough for a for a chosen freeholder or the township in which a majority of the legal voters of such borough shall reside at the time of the passage of this act, and the legal voters of any such borough hereafter organized under and by virtue of said act shall be entitled to vote therein for a chosen freeholder for the township in which a majority of such legal voters shall reside at the time of the incorporation of such borough.

3. And be it enacted, That if any dispute shall arise or doubt shall exist as to which township shall contain the residence of a majority of the legal voters of any such borough, it shall be

lawful for the council of such borough or the township committee of any township interested to apply to the president judge of the court of common pleas of the county wherein such borough is situated, who shall proceed in a summary way, on such notice as he may direct, to ascertain in which township the greater part of the legal votesr of such borough reside, and his adjudication in writing duly filed in the office of the clerk of said county shall be final and conclusive evidence thereof. 4. And be it enacted, That the votes polled in such borough for freeholder shall be added to the votes polled in the township and canvassed in the same manner as the votes of the several election districts in the township now are or hereafter may be directed by law to be canvassed. 5. And be it enacted, That this act shall take effect immediately. Approved February 25, 1895.

CHAPTER LI.

CHAPTER LI. An Act to amend an act entitled "An act to establish a system of public instruction" (Revision), 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 section thirty-four of an act entitled "An aact to establish a system of public instruction" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, be and is amended so as to read as follows: 34. And be it enacted, That each board of education created under the provisions of this act shall organize within ten days after the annual election, by the election of one of its members as a president and one of its members as district clerk, and shall have the power to fix the compensation of said clerk, and on its failure to organize, the county superintendent shall appoint such president and district clerk; in case the office of president or district clerk shall become vacant by reason of death, removal or otherwise, the board of education shall, within ten days after such vacancy occurs, appoint one of its members to fill such vacancy for the unexpired term, and on its failure to fill said vacancy within the said ten days, the county superintendent shall appoint one of the members of said board to fill such vacancy for the unexpired term.

2. And be it enacted, That if any township, city, town, borough or other municipality acting under the provisions of this act, which is not divided into wards, it shall be deemed for the best interest of the schools that the number of members constituting the board of education of said township, city, town, borough or other municipality, shall be reduced to a number less than nine, it shall be the duty of the district clerk, when directed by the board of education, to insert in the call for the annual school meeting a notice that it will be determined at said meeting to reduce the number of members of said board to either five or three, the members of said board shall continue in office for the terms for which they were severally elected, and their successors shall be elected in the manner following:

I. If it be determined that the board of education shall consist of five members, then and in that case no election for members of said board shall be held at said meeting; at the next annual school meeting there shall be elected two members of said board for the term of three years, and at the second annual school meeting held after the meeting at which it was decided to reduce the number of members of the board of education to five, there shall be elected two members of the board of education for the term of three years, and one member of said board for the term of one year, and thereafter there shall be elected at each annual school meeting a member or members of said board, in the place of those whose terms expire, who shall hold office for the term of three years.

II. If at said meeting it shall be determined that the board of education shall consist of three members of the board of education shall be held until the expiration of the terms of office of all the members of said board then in office, and at the second annual school meeting held after the annual meeting at which it was decided to reduce the number of members of the board of education to three, there shall be elected three members of said board of education for one, two and three years respectively, and thereafter one member of said board shall be chosen at each annual school meeting, who shall hold office for the term of three years.

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, and that this act shall take effect immediately. Approved February 25, 1895.

CHAPTER LIV.

A further supplement to an act entitled "An act respecting police departments of cities and regulating the tenure and terms of officers and men employed in said departments," approved March twenty-fifth, one thousand eight hundred and eighty-five.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all incorporated towns of over ten thousand inhabitants in counties of the first class of this state authorized by law to establish and maintain a regular day and night uniform police, no person shall be removed from office or employment in the police department of said towns, except for just cause, and then only in manner pre-

scribed in section five in the act to which this is a supplement, for the removal of officers in such departments.

2. 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, and that this act shall take effect immediately.

Approved February 25, 1895.

CHAPTER LV. An Act to amend an act entitled "An act to authorize the cities of the second class of this state to fund their underfunded or floating indebtedness," approved May fourteenth, one thousand eight hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the title to said act approved May fourteenth, one thousand eight hundred and ninety-four, be and the same is hereby amendewd so as to read as follows: An act to authorize the cities of this state to fund their unfunded or floating indebtedness. 2. And be it enacted, That section one of said act, of which this is an amendment, shall be and the same is hereby amended so as to read as follows: I. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for any city of this state, by and through its board of aldermen, common council or other legislative body or its board of finance, in such cities where the latter board now has power to issue bonds, to issue bonds for the whole amount of the outstanding unfunded or floating indebtedness of the city, or such part thereof as they from time to time shall prescribe, and such indebtedness shall be and include all the temporary oustanding notes, scrip and other indebtedness other than bonds; that such bonds may be made payable as follows: ten per centum of each issue five years from the date thereof, and ten per centum each successive year thereafter, each such payment to be provided for in the annual tax levy when such payments are due, and shall bear interest at a rate not exceeding five per centum per annum, and be issued in such sums and of such denomination as the board of aldermen, common council or other legislative body or board of finance shall by ordinance determine; all of such bonds shall be signed by the mayor, countersigned by the comptroller, attested by the city clerk, and have the corporate seal of the city affixed, and shall have coupons attached for every half year's interest until due, which coupons shall be numbered to correspond with the bond to which they shall be respectively attached, and a register of such numbers, the date of issuing and the time of payment shall be made by the comptroller or other officer directed by said board, in a book to be provided for that purpose; provided, however, that no bonds shall be issued under this act to an amount which, with the other outstanding bonds of any such city, shall exceed the amount of ten per centum of the gross valuation of taxable property of any such city for the present fiscal year, nor shall any bonds be issued pursuant to this act unless the same are issued within one year after the passage thereof. And be it enacted, That all acts inconsistent herewith be and the same are hereby repealed, and that this act shall take effect immediately. Approved February 25, 1895.

CHAPTER LVIII.

An Act to regulate and control private insane asylums, retreats and institutions for care or treatment of persons of unsound mind. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That no person, association or corporation shall establish or keep an asylum, retreat or institution for the care, custody or treatment of the insane, or persons of unsound mind, for compensation or hire, without first obtaining a license therefor from the board of managers of state hospitals; provided, that this section shall not apply to any state asylum, or institution, or to any asylum or institution established or conducted by any county; and provided, also, that it shall not apply to cases where an insane person or person of unsound mind is detrained and treated at his own house or that of some relative. 2. And be it enacted, That every application for such license shall be accompanied by plan of the premises to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of the ground appurtenant thereto, and the number of patients of either sex proposed to be received therein; and it shall not be lawful for "the board of managers of the state hospitals" to grant any such license without having first caused an examination by one of its number of the premises proposed to be licensed, and upon being satisfied by such examination that they are as described

and are otherwise fit and suitable for the purpose for which they are designed to be used, shall grant such license.

3. And be it enacted, That "the board of managers of the state hospitals" may make proper rules for the management and conduct of all private institutions as to which such license may be granted, and shall have power to revoke any such license upon being satisfied after investigation and hearing of the licensee that such

rules have been violated.

4. And be it enacted, That the said "the board of managers of the state hospitals" shall cause every such licensed institution to be visited by at least one of its number at least once in every year, and shall be entitled to receive twentyfive dollars each year from each institution so licensed, which sum shall be used to defray the expenses attendant upon examination and vis-

itation of such licensed institutions.

5. And be it enacted, That every person, association, corporation or institution licensed

by "the board of managers of the state hospitals," under the provisions of this act, to keep

an asylum or institution for the care, custody or treatment of the insane, or of persons of un-

sound mind, shall have the right and power, while such license remains, in force and unrevoked, to receive and hold any patient or person who shall be delivered into the care, cus-

tody or charge of such licensed person, association, corporation or institution by virtue of any order or commitment of any judge or justice of any court of record of this state, or by virtue of the certificate of two respectable physicians under oath, setting forth the in-

sanity or unsoundness of mind of such person, which certificate shall be dated within one

month of the reception of such person and shall be accompanied by a request under the hand of the person by whose direction such patient is sent, stating the age and place of nativity, if known, the christian name and surname, place of residence, occupation of such patient, and the degree of relationship, or other circumstances of connection between the patient and person requesting his admission; and each person signing such request or certificate shall annex his name his profession or occupation, and the place of his residence, unless these facts appear on the face of the document; and every such certificate and request shall be delivered to and lodged with the superintendent or man-

ager of the licensee upon the reception of such patient and shall be forthwith copied and entered in a book to be kept by such licensee for the purpose, together with a minute of the date of the reception of such patient. 6. And be it enacted, That within five days after the reception of such patient the licensee shall mail to "the board of managers of the state hospitals," to the address of the secretary therefor, a copy of the order and commitment or request and certificate which accompanied such patient, and within the first week of each quarter such licensee shall report in writing, mailed to the said secretary, the name, residence and physical and mental condition of every patient then in the custody of the licensee, together with the date and cause of discharge

or death of every patient who shall have been discharged or died since the last previous report, and shall keep an accurate record of all such matters.

7. 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, and this act shall take effect July fourth, one thousand eight hundred and ninety-five. Approved February 26, 1895.