OCEAN CITY SENTINEL. THURSDAY, APRIL 18, 1895. [BY AUTHORITY.] LAWS OF NEW JERSEY
CHAPTER I. A supplement to an act entitled "An act concerning corporations" (Revision), approved April seventh, one thousand eight hundred and seventy-five.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be the duty of all corporations which may now or hereafter be authorized to transact business in this state, whether organized under general or special laws, although such corporations may not be organized under the laws of this state, and they are hereby required (unless they have already done so) to file on or before the thirtieth day of June next, and annually thereafter, within thirty days after the usual time of the annual election of directors, managers or trustees and the officers therefor, whether such election shall have been held on the day fixed by law or not, in the department of state of this state, a complete list, duly authenticated by the signatures of the president and secretary, of the names of such directors, managers, trustees and officers, with the date of the election or appointment, term of office and residence of each, and also to designate the business and the location of the principal office or place of business of the company in this state, as also in the state where organized, and for this purpose it shall be the duty of the secretary of state to furnish said corporations blanks, in proper form, and to safely keep in his office all lists as filed, and issue to the company so filing, his certificate thereof, which lists and index shall be submitted to the inspection of persons interested at all proper hours; and it shall further be the duty, during the month of April next, to cause a notice of the requirements of this act to be published three times in each of the papers in this state authorized to publish the laws; and every such corporation which shall not, within thirty days of the time herein fixed, comply with the provisions of this act shall forfeit the sum of two hundred dollars to the state of New Jersey, to be recovered by action of debt, to be brought by the attorney-general of this state in the name of the state of New Jersey, in a court of competent jurisdiction, together with costs of suit; provided, however, that where any corporation shall file a complete list of the officers, directors, managers or trustees, as above required, at any time prior to the entry of judgment upon any suit to be commenced in the manner aforesaid by said attorney-general, and shall pay the costs of such suit up to the time of filing such list, then any and all proceedings thereon shall be discontinued. 2. And be it enacted, That all forfeitures, fines and penalties incurred by reason of the failure of any corporation to file a statement as required by the act concerning corporations, approved April seventh, one thousand eight hundred and seventy-five, or any supplement thereto, be and the same are hereby remitted and released, and that all acts and parts of acts inconsistent with this act be and they are hereby repealed, and that this act shall take effect immediately. Approved January 23, 1895. GEORGE T. WERTS, Governor. EDWARD C. STOKES, President of the Senate. JOSEPH CROSS, Speaker of the House of Assembly.
CHAPTER III. An Act to render valid the proceedings of towns and other municipalities in the matter of the construction of sewers and the issuing of bonds to pay for the same. Whereas, Some of the towns and other municipalities have proceeded to construct sewers and to issue or provide for the issue of bonds to raise money to pay for the same, and there are grave doubts as to the constitutionality of the laws under which such towns and municipalities have acted, because the said laws are or are claimed to be special; and whereas, such towns and municipalities should have the right to finish the construction of such sewers and to issue bonds or to provide for the issuing of said bonds for the purposes aforesaid; therefore, 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That all proceedings heretofore taken by the council of any town or municipality providing for the construction of any sewer therein and the issue and the sale, or proposed issue and sale, of any bonds to raise and pay the cost of any such sewer or sewers, shall be and the same are hereby ratified and confirmed, and the said bonds issued and sold, whether delivered or not or to be issued and sold, are hereby made valid and binding obligations upon any such town or municipality as fully and as effectually as if the said proceedings were had and the bonds issued and sold, or to be issued and sold, under an act of this legislature free from all constitutional objections, and the assessments for benefits when made shall be valid and effectual as if likewise made under an act free from all constitutional objections. 2. And be it enacted, That this act shall take effect immediately. Approved February 5, 1895.
CHAPTER V. An Act to provide for the compensation of certain officers of the legislature.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That as compensation for the legislative session for which the following-named officers are elected or appointed there shall be paid to the second assistant engrossing clerk of the house of assembly, the sum of six hundred dollars; to each additional doorkeeper of the senate, the sum of three hundred and fifty dollars; to the assistant bill clerk of the senate, the sum of five hundred dollars; to each of the two assistant bill clerks of the house of assembly, the sum of five hundred dollars; to the assistant private secretary of the speaker of the house of assembly, the sum of four hundred dollars; to the post-master of the house of assembly, five hundred dollars; to the officer known as assistant to the clerk of the house of assembly, three hundred dollars; to the clerks of the following committees of the house of assembly, namely, judiciary, corporations, railroads and canals, municipal corporations, town and townships, banks and insurance, and revision of the laws, the sum of three hundred dollars; each, and to the clerks of the following committees of the senate, viz: municipal corporations (and judiciary and revision of laws) combined, the sum of ($350) three hundred and fifty dollars each.
2. And be it enacted, That this act shall take effect immediately, and shall apply to the present session of legislature only. Approved February 6, 1895.
CHAPTER VI. An Act concerning cities of the first class in this state, and providing for the purchase of lands and the construction and repair of buildings for high school purposes in such cities.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever the board of education or other body having charge of the public schools in any city of the first class in this state shall, by resolution, determine that the property or buildings devoted to high school purposes in such city are improperly located, or said buildings are unsanitary, inadequate or otherwise unsuitable for high school purposes in such city, by certificate signed by the secretary or clerk of said board or body, it shall be lawful for the common council or other governing body of such city or board having charge of the finances of such city, by resolution, to appropriate such sum of money not exceeding three hundred thousand dollars as they, in their discretion, shall determine, for the purchase of lands and the erection of building and the furnishing of the same, or for the repair and improvement of buildings, and for the furnishing of the same, used or to be used for high school purposes.
2. And be it enacted, That such city, by or through its common council or other governing body or board having charge of the finances of such city may, from time to time or at once, as may be deemed most advantageous for the credit of such city, borrow the money so appropriated by the common council or other governing body of such city, pursuant to the provisions of this act, and may issue bonds of such city to the amount so appropriated and may negotiate and sell the same at any sum not less than par, and the money so raised by the sale of such bonds shall, upon the books of the said city, be carried to the credit of the board of education or other governing body having charge of the public schools of such city, to be used by such board or body for the purposes provided for in this act and for no other purpose whatsoever; said bonds so to be issued shall be made payable in not less than twenty nor more than thirty years, shall bear interest at a rate not greater than four per centum per annum, payable semi-annually, and may be registered or coupon bonds, or may be registered and coupon bonds combined, at the option of the city; and there shall be raised by tax in each year, the interest on the whole amount of the bonds so issued, together with three per centum for the purposes of a sinking fund, to be paid to the commissioners of the sinking fund of said cities, for the purpose of meeting the said bonds as they may become due.
3. And be it enacted, That when, pursuant to the provisions of this act, the common council, or other governing body of any such city or board having charge of the finance of such city, shall have appropriated for the purposes of this act any sum or sums of money, it shall be the duty of the board of education or other body having control of the schools of such city, to at once proceed to purchase lands and erect buildings suitable and adequate for high school purposes in said city, or to reconstruct, repair, improve and furnish such buildings; provided, however, that no lands shall be purchased for the purpose of erecting thereon a high school, except with the concurrence and approval of the common council, or other governing body of such city or board having charge of the finances of such city, which concurrence shall be expressed by resolution of the said common council, or other governing body or board having charge of the finances of such city, and the title to all lands so purchased shall be in the mayor and common council of such city.
4. And be it enacted, That all moneys raised by the sale of bonds, or otherwise, pursuant to the terms of this act, and carried to the account of the board of education, or other body having charge of the public schools in any city of the first class in this state, shall be carried in an account to be designated "high school construction account," and all warrants drawn by the board of education, or other body having control of the public schools in any such city upon this account, shall have stamped or printed thereon conspicuously the words "high school construction account," and such warrants in other respects shall conform to the warrants now required by law for the drawing of moneys from the city treasurey for the construction of other school buildings in such cities. 5. And be it enacted, That this act shall take effect on May fifteenth, one thousand eight hundred and ninety-five. Approved February 11, 1895.
CHAPTER VII. A Supplement to an act entitled "An act to provide for the division of incorporated towns, townships and boroughs into wards, and to regulate representation therein," passed February fifteenth, one thousand eight hundred and eighty-six.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in cases wherein any incorporated town, township or borough shall have been or shall hereafter be divided into not more than three wards, pursuant to the provisions of the act to which this is a supplement, and there shall have been polled in any one of such wards at any subsequent election more than six hundred legal votes, it shall be lawful for the governing body of said municipality, at least fifteen days before the annual municipal election next succeeding the approval of this act, in case such votes have been heretofore polled, and in other cases at least fifteen days before the annual municipal election next succeeding such future election at which such votes may be hereafter polled, by resolution passed by the majority of their number at a special meeting held for that purpose, of which meeting notice, in writing, signed by the clerk of said municipality, shall be set up at five of the most public places therein, for at least five days prior to said meeting, to redivide said incorporated town, township or borough into not less than three and not more than five wards, each of which shall consist of contiguous territory, having regard in making such division of equality of representation and to designate such wards by names or numbers. 2. And be it enacted, That from and after the annual municipal election next succeeding such redivision the township committee or other governing body of every such incorporated town, township of borough shall consist of seven persons, in case said division is into three wards, and of nine persons in case such division is into four wards, and of eleven persons in case said division is into five wards, two of whom shall be elected by the legal voters of each ward, and one of whom shall be elected by the legal voters of the municipality at large; that at the annual municipal election next succeeding such division the legal voters in each ward shall elect by ballot one person to serve as a member of the township committee or other governing body for the term of one year, and one for the term of two years, and the legal voters of said municipality, voting in their respective wards, shall at the same time elect one person from the municipality at large to serve as a member for the term of one year, and annually thereafter there shall be elected in and for each ward one person to serve as a member of said governing body for the term of two years, and by the legal voters of the municipality at large, voting in their respective wards, one member for the term of one year; provided, that if at the date of the first election under this supplementary act the term of office of a member of the township committee or other governing body theretofore elected to represent a municipal subdivision or ward shall not have expired, then and in that case such member shall serve out his term of office as a representative of the ward in which his residence may be, and nothing in this act shall be so construed as to give more than two ward representatives to any ward.
3. And be it enacted, That in cases wherein any incorporated town, township or borough shall have been divided into four or more wards under the provisions of this act, and the legal voters resident in any one of said wards, and owning more than one-half in assessed value of the real estate in such ward, shall petition the township committee, or other governing body of said municipality, within ten days after the organization of said governing body, and request that the money to be levied, assessed and collected within such ward for that year for street paving, road repairs, road construction, cross-walks, sidewalks, street lighting and water purposes shall be expended for said purposes within the limits of said ward, then it shall not be lawful for the said governing body to expend the money assessed and collected for the said purposes within said ward, otherwise than in accordance with the request of such petition, unless such expenditure thereof shall be assented to by both the representatives of said ward in said governing body. 4. 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 immediately. Approved February 12, 1895.
CHAPTER VIII. An Act abolishing days of grace.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That on all notes, drafts, checks, acceptances, bills of exchange, bonds or other evidences of indebtedness made, drawin or accepted by any person or corporation after this act shall take effect, and in which there is no expressed stipulation to the contrary, no grace, according to the custom of merchants, shall be allowed, but the same shall be due and payable, as therein expressed, without grace. 2. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved February 12, 1895.
CHAPTER IX. A Supplement to an act entitled "An act to authorize the inhabitants of the several townships of this state to vote by ballot at their town meetings," approved March twenty-second, one thousand eight hundred and sixty. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in the several townships of this state the commissioners of appeal shall hereafter be elected for the term of three years; provided, however, that at the first annual town meeting held in such townships after the passage of this act, the said commissioners of appeal shall be elected for one, two and three years respectively, and at each succeeding election one commissioner of appeal shall be elected for the term of three years.
2. And be it enacted, That this act shall take effect immediately. Approved February 12, 1895.
CHAPTER X. An Act to authorize the counties of this state to renew matured and maturing bonds.
1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That whenever any bonds heretofore legally issued by the board of chosen freeholders of any county in this state, under the authoriy of law, are now due and unpaid, or shall hereafter become due, the board of chosen freeholders of any such county may renew ninety per centum of said indebtedness, or any less part thereof, by the issuing of bonds for that purpose in the corporate name and under the corporate seal of such county, signed by the director and attested by the clerk of the board of chosen freeholders of any such county; which bonds shall be made payable at periods of time not exceeding twenty years from the date of issuing the same, and shall draw such rate of interest not exceeding five per centum per annum, and be issued in such sums, not less than one hundred dollars nor more than one thousand dollars, as the said board of chosen freeholders shall by resolution determine, and which bonds shall, except as hereinafter provided, have coupons attached for every year's interest until due, and which coupons shall be signed by the collector of said county, and numbered to correspond with the bond to which they shall be respectively attached; and when the said board judge best said bonds, or any of them, may be registered and made payable to the order of the purchaser, and shall thus be registered as provided by said board, and issued without coupons, and be transferable only in person, or by power of attorney, on the books to be provided by said board for that purpose; and all bonds issued under this act shall be numbered, and a register of the number, denomination, date of issuing and name of person to whom issued, if registered, and time of payment shall be made by the collector in a book to be provided by said board for that purpose; which bonds may be sold at public or private sale for the best price which can be obtained for the same, but shall not be for less than the par value, and all the real estate and property within the county shall be liable for the payment of the principal and interest that may become due on the bonds to be issued by virtue of this act, but nothing in this act contained shall be held to permit any board to issue bonds the legality of which is now questioned or contested in any court of this state or of the United States, nor to renew or re-issue bonds held by any such court not to have been legally issued.
2. And be it enacted, That the board of chosen freeholders of any such county shall have power and authority to provide by taxation for the payment of said bonds and the interest thereon, and shall yearly, and every year until the said bonds shall be redeemed and paid off, order and cause to be assessed and collected by tax, at the same time and in the same manner that other taxes in any such county are assessed and collected, a sum of money sufficient to pay the interest on the said bonds as the same shall become due and payable, and to pay and discharge the principal at the several times it shall become due and payable. 3. And be it enacted, That this act shall take effect immediately. Approved February 12, 1895.
CHAPTER XI. An Act authorizing the sinking fund commissioners of certain cities in this state to cancel the municipal bonds of such cities held by them for the redemption of the debts of their respective cities.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever the municipal debt of any city in this state exceeds, or shall hereafter exceed fifteen per centum of the assessed valuation of the real and personal property in such city for purposes of taxation, it shall be lawful for the commissioners of the sinking fund of such city to cancel all bonds that have been or may hereafter be purchased by them for the redemption of the debts of such city notwithstanding such bonds may not be by their terms due and payable at the time of such purchase.
2. And be it enacted, That all acts and parts of acts, general, special or local, and inconsistent herewith, be and the same are hereby repealed, and that this act shall take effect immediately. Approved February 12, 1895.
CHAPTER XII. An Act for the establishment and government of a naval reserve of New Jersey.
Be it enacted by the Senate and General Assembly of the State of New Jersey, That the commander-in-chief be and is hereby authorized to organize a naval reserve by voluntary enlistment for the defense of the sea-costs and navigable waters; in time of peace there shall not be maintained more than two such battalions organized as herein provided and which shall constitute the naval reserve of the state of New Jersey, but the commander-in-chief shall have power in case of war, insurrection, invasion or imminent danger thereof, to increase the force beyond such limit of two battalions and to organize the same as the exigencies of the service may require; the commander-in-chief may alter, annex, divide, consolidate or disband the said naval reserve or any battalions or divisions thereof, whenever, in his judgment, the efficiency of the state service will thereby be increased.
2. And be it enacted, That one battalion shall have headquarters at Jersey City, and be known as the battalion of the east; one battalion shall have headquarters in Camden, and be known as the battalion of the west. 3. And be it enacted, That to each naval battalion there shall be a commander, who shall command the same; one lieutenant-commander, who shall act as executive officer, who shall be next in rank, and one lieutenant, who shall act as navigator; these officers shall be chosen by the commissioned officers of their respective naval battalions; each battalion shall consist of not less than two nor more than four divisions; to each division there shall be one lieutenant to command the same, one lieutenant (junior grade), two ensigns, all chosen by the divsions, and thirty-six petty officers and seamen as a minimum, and eighty-one petty officers and seamen as a maximum; to each division there shall be allowed such and so many petty officers as the commander-in-chief shall from time to time prescribe, which officers shall be nominated by the commander of the dicision to the commander of the battalion of which such division is a part, who shall appoint and issue warrants to the persons so nominated when approved by him or order new nominations when disapproving.
4. And be it enacted, That the commander shall have power to nominate on his staff one adjutant, one ordinance officer, one paymaster, one surgeon, each with the rank of ensign; the non-commissioned staff of the battalion shall consist of one master-at-arms, two yeomen and one chief bugler, who shall be appointed by the commander and warranted by him. 5. And be it enacted, That the uniform of the naval reserve and the insignia and designation of grade and rank shall be prescribed by the state military board, which may change and modify the same from time to time. 6. And be it enacted, That the naval reserve shall perform the same amount of duty in each year as is required of the national guard, except that such duty, or any part of it, may be performed afloat.
7. And be it enacted, That officers and enlisted men of the naval reserve shall be paid for active duty in such amount only as is allowed to officers and enlisted men having the same relative rank or position in the national guard; members of naval courts shall receive the same compensation for service as members of similar courts in the national guard. 8. And be it enacted, That the system of discipline and exercise of the naval reserve shall conform generally to that of the navy of the United States, prescribed by congress; all matters relating to organization, discipline and government of the naval reserve not otherwise provided for in this article, or in the general regulations, shall be decided by the custom and usage of the national guard, if applicable, and if not applicable, by the custom and usage of the United States navy.
9. And be it enacted, That the naval reserve shall be commanded by a captain, who shall be chosen by the commanders and lieutenant-commanders of the naval reserve when two battalions shall have been completely organized; 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. 10. And be it enacted, That the rank given in this article is naval rank; the relative rank of officers in the naval reserve and in the national guard is as follows: captain with colonel, commander with lieutenant-colonel, lieutenant-commander with major, lieutenant with captain, lieutenant (junior grade) with first lieutenant and ensign with second lieutenant; the relative position of seamen shall be that of private in the national guard, and the relative position of petty officers in the naval reserve, and non-commissioned officers in the national guard, shall be determined by the state military board.
11. And be it enacted, That the appointment, composition and powers of naval boards, delinquency courts, courts of inquiry and courts-martial shall be as is now provided by the military law of New Jersey for similar bodies in the national guard. 12. And be it enacted, That the divisions of the naval reserve shall be considered the equivalent of companies of the national guard, and the battalions shall be treated as battalions in the national guard not parts of a regiment. 13. And be it enacted, That the state military board shall make and publish regulations for the government of the naval battalions, which regulations shall conform as nearly as practicable to those governing the United States navy; the members of each battalion and division may form themselves into an organization and adopt by-laws in the same manner, with the same powers and subject to the same limitations as are now prescribed for members of companies in the national guard. 14. And be it enacted, That the armories of the naval battalions shall be situated on or near the navigable waters of the state, in such position as best to promote the efficiency of the service; the word "armory," as used or applied to the laws relative to the New Jersey naval reserve, shall be held to include a vessel anchored, moored or secured to the land, while used only as an armory for the purpose of instruction, drill or defense. 15. And be it enacted, That the quartermaster-general shall, upon due requisition therefor, approved by the commander-in-chief, furnish the naval battalions with suitable arms, uniforms, equipments and colors, in such number and quantity as are furnished to the national guard. 16. And be it enacted, That the commander-in-chief, whenever it shall in his judgment be neccessary or advisable for the public interest, may cause to be organized additional divisions of the naval reserve, not to exceed two, which divisions shall be attached to the battalions authorized herein, as the commander-in-chief may direct. 17. And be it enacted, That the commander-in-chief is authorized and empowered to make his requisition upon the treasurer, to meet the necessary and proper expenses to carry out the provisions of this act in such amount and not more for each division of naval reserve than is now allowed for a company of infantry. 18. And be it enacted, That all acts and parts of acts not consistent with the provisions of this act, be and the same are hereby repealed. 19. And be it enacted, That this act shall take effect immediately. Approved February 12, 1895.
CHAPTER XIII. An Act in relation to the manner of paying teachers in the public schools of certain cities in this state, and giving the common council or other governing body power in relation thereto.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the common council or other governing body in any city of the first class of this state to provide by ordinance for the manner in which payments shall be made to teachers of the public schools in such cities, and for the form and manner in which warrants upon the public treasury of any such city shall be drawn and signed for this purpose; and all payments and disbursements made, and all warrants drawn in accordance with the terms of an ordinance duly passed for that purpose, in any such city, shall be deemed and taken to be in all respects regular and lawful.
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 14, 1895.
CHAPTER XIV. A Further Supplement to "An act for the construction, maintenance and operation of water works for the purpose of supplying cities, towns and villages of this state with water," approved April twenty-first, one thousand eight hundred and seventy-six.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the first section of the act to which this is a supplement be amended so as to read as follows:
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That any number of persons, not less than seven, a majority of whom shall reside in this state, may form a company for the purpose of constructing, maintaining and operating water works in any city, town, township, village, seaside resort or borough in this state having a population of not more than fifteen thousand and not less than five hundred, and for the purpose of supplying such city, town, township, village, seaside resort or borough, and the inhabitants thereof, with water. 2. And be it enacted, That this act shall take effect immediately. Approved February 14, 1895.
CHAPTER XV. An Act fixing the time for holding the annual or charter elections of cities of the second class in this state.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the second class in this state the annual or charter election thereof shall be held on the second Tuesday in April. 2. 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 14, 1895.
CHAPTER XVI. An Act to provide for the purchase of water works and water-supply plants and the operation of the same, and to provide the money necessary for the purchase thereof in townships of this state.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the township committee in the townships of this state to purchase any system of water works or water-supply plant now constructed and in successful operation in such township, owned and operated by any person, persons or corporation, upon such terms as may be agreed upon by said township committee and the said person, persons or corporation owning and operating the said system of water works or water-supply plant. 2. And be it enacted, That before the township committee of any township of this state shall purchase or enter into any contract for the purchasing of any water works or water-supply plant, such township committee shall, by resolutions, submit to the legal voters of any such township, the question of whether such township will purchase such water works or water-supply plant; if the proposition be to purchase any system of water works or water-supply plant, the ballot to be deposited by those in favor of such proposition shall have printed or written thereon the words "in favor of purchasing water works or water-supply plant," and the legal voters opposed to the purchasing of water works or water-supply plant shall deposit a ballot with the words "opposed to purchasing water works or water-supply plant," printed or written thereon; there shall be a canvass upon the return of the votes upon the question submitted, made by the board of registry and election in the same manner as for officers voted for at any charter or municipal election; and if a majority of the ballots on which there shall be either the words "in favor of purchasing water works or water-supply plant," or "opposed to purchasing water works or water-supply plant," to be found in favor of purchasing such works, it shall then be lawful for the said township committee to purchase a system of water works or water-supply plant in conformity with the first section thereof.
3. And be it enacted, That the township committee of any such township may submit the question of purchasing a water works or water-supply plant to the legal voters of any such township at a special election to be held for that purpose, causing thirty days' notice of such election to be posted in five conspicuous places in such township, and to be published in two or more newspapers printed and published in such county and circulating in said township, which notice shall be signed by the township clerk, and shall state the time and purpose of said election, and place where the same will be held in the several precincts or voting divisions in said township. 4. And be it enacted, That the said election shall be held and conducted on the day appointed by the township committee of said township by the board of registry and election and registry or poll clerks that held the last annual or municipal election in such township, in conformity with an act of the legislature of the state of New Jersey, approved May twenty-eighth, one thousand eight hundred and ninety, entitled "A further supplement to an act entitled 'An act to regulate elections,'" approved April sixteenth, one thousand eight hundred and seventy-six, and the supplements to said act of May twenty-eighth, one thousand eight hundred and ninety, except as herein otherwise provided; there shall be no registration for such elections, but said board of registry and election shall procure and use at such special election a certified copy of the register of the voters filed with the clerk of said township; and no person shall be entitled to vote whose name does not appear on said registry. 5. And be it enacted, That it shall be the duty of the clerk of such township to provide a room in such election district in which to hold said election, and to notify the clerks and board of registry and election that said room has been procured and where the same is located, in conformity with the act above mentioned, but said clerks shall not have booths or apartments prepared in said rooms, nor shall any booths or apartments be used at such election. 6. And be it enacted, That at such election the persons entitled to vote therein shall vote by ballot, which shall be a paper ticket, on which shall be written or printed the words provided for in the second section of this act; and no official ballot or official envelope shall be required at such special election. 7. And be it enacted, That if at the hour of seven o'clock in the morning of the day of such election, or at any other time during such election, any member of the board of registry and election, or any registry or poll clerk, shall be absent from the place where such election shall be appointed to be held, or shall be disqualified, or being present shall neglect or refuse to perform the duties of such office, it shall be the duty of such board to appoint some other person, qualified to vote in said election, in said election district, who shall then and there be present, to fill such vacancy. 8. And be it enacted, That in order to provide for the purchase of a system of water works or water supply plant under the provisions of this act, it shall be lawful for the township committee of such township, in the corporate name of the said township, to issue its bonds in any sum not exceeding in the aggregate five per centum of the taxable valuation of each township, as shown by the tax valuation, to be designated "water bonds," which shall run for any period not exceeding thirty years, and bear interest at any rate not exceeding five per centum per annum, payable semi-annually, which bonds may be sold and disposed of aby the township committee of such township at any sum not less than par, the proceeds of which shall be devoted exclusively for the purchase of a system of water works or water-supply plant owned and operated by any person, persons or corporation; and it shall be the duty of the said township committee to provide by taxation the amount of money necessary to pay the interest on the said bonds so authorized to be issued as the same falls due, and the principal of the said bonds when the same shall mature, and every such township shall have authority to levy and collect taxes for this purpose in case the rents and income from the operation of the said system of water works or water-supply plant shall not be sufficient to provide for the interest on the said bonds, and the payment of the said bonds at their maturity, after deducting such sums from the rents and income as may be necessary to extend the said system of water works or to make repairs thereto. 9. And be it enacted, That it shall be lawful for the township committee of such township, from time to time, to pass such ordinances as may be necessary for the proper management, control and operation of the said system of water works or water-supply plant, and to appoint such officers as may be necessary, and to define their respective duties and term of office and compensation, and to enforce the collection of the rents, rates and changes in any court of law in this state in the corporate name of the said township. 10. 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 immediately. Approved February 14, 1895.
CHAPTER XVII. An Act to amend an act entitled "An act relating to cities of the first class in this state, and requiring the publication of names of applicants for licenses to sell spiritous, vinous, malt or brewed liquors," approved March seventeenth, one thousand eight hundred and ninety-two. 1. Be it enacted by the State and General Assembly of the State of New Jersey, That section two of the act to which this is an amendatory act shall be amended to read as follows: 2. And be it enacted, That the cost of publication and proof required by the first section of this act shall be paid by the said municipality of said newspapers in the same manner as the other bills of said municipality are paid, and the amounts thus paid for publication shall be deducted from the whole amount of license fees received by said city before such license fees shall be carried to any special fund or funds to which the same may be appropriated; provided, that the costs of the insertion of the publication required as aforesaid in any such daily newspaper, including the cost of proof of such publication, shall not exceed the sum of ten cents per applicant for each of said insertions. 2. And be it enacted, That this act shall take effect immediately. Approved February 14, 1895. CHAPTER XVIII. A Supplement to the act entitled "An act relating to and regulating the government of cities," approved April twenty-fourth, 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 provisions of the act entitled "An act relating to and regulating the government of cities," approved April twenty-fourth, one thousand eight hundred and ninety-four, shall not apply to or affect any city of the first class of this state. 2. And be it enacted, That this act shall take effect immediately. Approved February 18, 1895. CHAPTER XX. An Act to repeal an act entitled "A further supplement to 'An act to re-organize the board of chosen freeholders in counties of the first class in this state,' approved April third, one thousand eight hundred and eighty-nine," being chapter seventy-four of laws of the year one thousand eight hundred and ninety-two, which further supplement was approved March seventeenth, one thousand eight hundred and ninety-two. 1. Be it enacted by the Senate and General Assembly of the State of New Jersery, That the act entitled "A further supplement to 'An Act to re-organize the board of chosen freeholders in counties of the first class in this state,' approved April third, one thousand eight hundred and eighty nine," being chapter seventy-four of the laws of the year one thousand eight hundred and ninety-two, which further supplement was approved March seventeenth, one thousand eight hundred and ninety-two, be and the same is hereby repealed. 2. And be it enacted, That this act shall take effect immediately. Approved February 18, 1895. CHAPTER XXI. An Act in relation to the writ of quo warranto. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all actions of quo warranto, the supreme couty may, if the writ, return and pleadings are poorly framed for the purpose, determine by its judgment, not only the title of the respondent to the office or franchise in question, but also the title of the relator or relators to the same office or franchise, and shall have power, by appropriate process or orders, to enforce its said judgment. 2. And be it enacted, That this act shall take effect immediately. Approved February 18, 1895. CHAPTER XXII. An Act concerning the formation of borough governments. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That no election for the formation of any borough government shall hereafter be ordered unless the petition for that purpose shall be signed by persons owning at least one-half in value of the taxable real estate in the limits of the proposed borough, as the same appears upon the assessor's duplicate of the township; provided, also, that in case said proposed borough shall embrace parts of more than one township no such election shall be ordered unless said petition be signed by persons owning at least one-half in value of such real estate in the limits of said proposed borough, in each of the townships. 2. And be it enacted, That this act shall take effect immediately. Approved February 18, 1895. CHAPTER XXIII. An Act concerning the office of overseer of the poor in certain cities in this state. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities in this state, having a population of not less than fifty-five thousand, the common council, board of aldermen or other governing body of such city, shall, within one month after this act shall take effect therein, appoint an overseer of the poor in lieu of and to be substituted for, and to act in the place of, and who shall be invested with and shall have all the powers and perform all the duties of such officer, by whatsoever title he may be now designated by law, to act in such office. 2. And be it enacted, That such officer shall be appointed for two years and until his successor shall be appointed and shall receive such salary as the body appointing him shall prescribe; and the term of office of every person holding such an office in any such city at the time of such appointment, by whatsoever name the same may be known, shall end at such appointment, and every such officer whose term of office shall so end shall immediately deliver up his office and all property, books and papers, matters and things whatsoever connected therewith, to his successor. 3. And be it enacted, That all acts and parts of acts, general, specific, public or local, inconsistent with the provisions of this act, be and the same are hereby repealed, and this act shall take effect immediately. Approved February 18, 1895.
CHAPTER XXIV. A Further Supplement to the act entitled "An 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 the fifty-seventh section of the act entitled "An act respecting conveyances" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, shall hereafter read as follows: 57. And be it enacted, That all acknowledgments or proofs of deeds heretofore made or taken, or hereafter to be made or taken, after the lapse of ten years from the date of such acknowledgment or proof, notwithstanding any errors or imperfections in said acknowledgments or proofs, shall be taken and held to be good and sufficient in law; provided, however, that all such deeds shall have been duly recorded, and that this act shall be construed to apply to deeds executed by married women, and such deeds shall be sufficient to convey their estates in the lands described therein, whether the execution of the same shall have been acknowledged by such married women or their execution thereof proved by the oath of a subscribing witness thereto. 2. And be it enacted, That this act shall take effect immediately. Approved February 18, 1895. CHAPTER XXV. An Act respecting certain township officers in townships whereof the territorial limits have been or shall hereafter be changed or altered. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever the territorial limits of any township have been or shall be altered or changed by taking or setting off and excluding therefrom the portion thereof which is included within the corporate limits of a town or city lying within such township, then and in such case all the township officers of said township excepting the assessor, collector and chosen freeholder shall retain, hold and exercise their respective offices in and for said township with the powers and privileges thereto belonging until the expiration of the terms of office for which they were severally elected. 2. And be it enacted, That the township assessor and collector of said township, if they reside within the part of said township that has been set off, shall cease to be officers of said township, but shall exercise and enjoy the office of assessor and collector respectively in said town or city so set off as aforesaid, until the terms for which they were elected shall expire and until their successors are elected; provided, that the offices of assessor and collector exist under and by virtue of the provisions of the charter of said town or city or are authorized therein by any law of this state. 3. And be it enacted, That if the chosen freeholder of such township resides in the incorporated town set off as aforesaid, and said town shall be entitled to elect freeholders by wards, then said chosen freeholder shall hold his said office until the expiration of his term and until his successor is elected as the chosen freeholder from the ward in which he resides, and his successor shall be elected for a term ending at the same time as the terms of the other chosen freeholders of said town or city. 4. 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 18, 1895.
CHAPTER XXVI. An Act in relation to debts fraudulently contracted and obligations fraudulently incurred. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever a debt shall be fraudulently contracted, or an obligation shall be fraudulently incurred, it shall be lawful for the party defrauded to institute a suit, action or proper proceedings at any time after such a debt was so fraudulently contracted, or such obligation fraudulently incurred, to recover the money owing on any such contract or obligation, or thereby contracted to be paid, notwithstanding the fact that by the terms of any such contract or obligation, the debt contracted or the money secured to be paid thereby shall not then be due or payable, and that in such cases, upon discovery of the fraud, the party defrauded may either rescind the contract wholly, and recover any property so obtained by fraud, or may at any time proceed by action on contract for the recovery of the moneys owing thereon, and that in all the cases mentioned in this section, the plaintiff or complainant in such action, suit or proceeding shall be entitled to all the remedies and processes to which he would be entitled in case the said debt or obligation was due and payable at the time of the beginning of such suit, action or proceeding. 2. And be it enacted, That this act shall be construed in all courts of judicature in the most liberal manner for the detection of fraud, the advancement of justice and the benefit of creditors, and that this act shall take effect immediately. Passed February 19, 1895. CHAPTER XXVII. An Act in relation to the organization, powers and jurisdiction of district courts. 1. Be it enacted by the Senate and General Assembly by the State of New Jersey, That the provisions of an act entitled "An act to regulate the practice of courts of law," approved March tenth, one thousand eight hundred and ninety-three, and being chapter ninety-seven of the laws of one thousand eight hundred and ninety-three, and any and all supplements thereto, heretofore passed, or hereafter to be passed, be and the same are hereby extended to any and all district courts, whether organized under a general or special law. 2. And be it enacted, That this act shall take effect immediately. Passed February 19, 1895. CHAPTER XXVIII. A Further Supplement to the act entitled "An act to ascertain the rights of the state and of the riparian owners of the lands lying under the waters of the bay of New York and elsewhere in the state," approved April eleventh, one thousand eight hundred and sixty-four. Whereas, The Palisades situate in this state are liable to be irreparably injured or destroyed unless measures be adopted for the preservation thereof; and whereas, by the insertion or imposition of proper and appropriate terms, conditions, restrictions and limitations in leases, grants and conveyances of the lands lying under water adjacent to or in front of the Palisades, the threatened injury or destruction thereof may in a great degree be averted; 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That hereafter the riparian commissioners shall not make any lease, grant or conveyance of any lands lying under the waters of the Hudson river adjacent to or in front of the Palisades or adjacent to or in front of the strip of land between the base of the Palisades and the lands under water, unless there be inserted in the lease, grant or conveyance such terms, conditions, restrictions and limitations as will, so far as possible, forever thereafter preserve unbroken the uniformity and continuity of the Palisades, and also, so far as possible, prevent the lands leased, granted or conveyed from being in any way used or devoted to injurious or destructive work or operations against the Palisades or in connection with or for the encouragement, aid or promotion of injurious or destructive work of any kind against the Palisades. 2. And be it enacted, That this act shall take effect immediately. Approved February 19, 1895.
CHAPTER XXIX. An Amendment to an act entitled "An act to authorize the purpose or acquirement of lands for school purposes and the construction of school houses," being the title of the act as amended by chapter fifty-nine of the laws of one thousand eight hundred and eighty-eight, approved February twenty-second, one thousand eight hundred and eighty-eight. 1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That section two of an act entitled "An act to amend an act entitled 'An act for building school-houses in townships,' approved March eleventh, one thousand eight hundred and eighty," being chapter fifty-nine of the laws of one thousand eight hundred and eighty-eight, which amendment was approved February twenty-second, one thousand eight hundred and eighty-eight, be and the same is hereby amended so as to read as follows: 2. And be it enacted, That section one of the act entitled "An act for building school-houses in townships," approved March eleventh, one thousand eight hundred and eighty, be the same and 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 school district of this state at their annual meeting or at any special meeting called for that purpose upon legal notice, by a majority vote of the persons present at any such meeting, to vote and appropriate money for the purchase or acquirement of lands and the construction of a school-house, or for the purchase or acquirement of additional lands to increase the present school grounds of said district, at such place in said school district as the school trustees thereof may designate, and for that purpose the said trustees may acquire the said land by purchase or condemnation, provided a majority of the persons present at any such meeting shall vote on any proposition presented for the condemnation of lands; and any money heretofore raised by tax for any of the purposes aforesaid in any school district, and not otherwise appropriated or expended, may be used for such purpose upon the order of the school trustees of such district. 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 19, 1895.
CHAPTER XXXV. An Act concerning the making and collecting of assessments for benefits conferred, by the construction of sewers and drains. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That where in any city, or other municipality, sewers or drains have been or may be constructed, forming part of a general system of sewerage or drainage for such city, or other municipality, or part or parts thereof, it shall and may be lawful in assessing the benefits conferred, by the construction of any main, trunk, or intercepting sewer or drain, forming a part of such system, to assess such benefits not only upon the lands and real estate fronting or abutting on the line thereof, but also upon all the lands and real estate situate in and throughout the entire sewerage or drainage area or district in such city, or other municipality, and thhrough which sewers or drains the whole or a part of the sewerage or drainage of such area or district, directly or indirectly, finds or will find an outlet. 2. And be it enacted, That the assessment upon all lands and real estate which at the time of making such assessment front or abut on, or are situate in the vicinity of the line of such main, trunk, or intercepting sewer or drain, or any other sewer or drain already constructed, and connected directly or indirectly therewith, whereby a direct tapping or drainage benefit is or may be secured, shall be collectible at once, and that where such benefit is prospective only, depending upon the construction of any other and connecting sewer or drain not yet built, such assessment shall be collectible and bear interest only from the time when the assesesment to be made for benefits conferred upon such lands and real estate, by the construction of such other sewer or drain along the line of which such lands and real estate front or abut, or are in the vicinity of, shall be confirmed and collectible. 3. And be it enacted, That in ascertaining and estimating the proportion of the cost of such main, trunk, or intercepting sewer or drain, which may be assessed upon lands and real estate not fronting or abutting upon the line, or in the vicinity thereof, and having no immediate tapping or drainage benefit, the benefit conferred upon the lands and real estate so fronting or abutting thereon, or in the vicinity thereof, and having an immediate tapping or drainage benefit shall be first ascertained, and after deducting the amount thereof from the entire cost, the balance, or so much thereof as may be applied, shall be assessed upon such other lands and real estate not having an immediate tapping or drainage area or district to the extent that the same is benefited by the construction of such main, trunk, or intercepting sewer or drain, and to be benefited thereby when the sewer or drain in front of, or in the vicinity of such property, shall be constructed and connected therewith, and in which the said property may secure a direct tapping or drainage benefit. 4. And be it enacted, That in all cases of sewer or drain assessments made for benefits conferred by the construction of any lateral or connecting sewer or drain, forming a part of the general system aforesaid, and upon the lands and real estate fronting or abutting on or in the vicinity of the line of such lateral or connecting sewer or drain, no assessment was made for benefits conferred or likely to be conferred by the construction of any main, trunk, or intercepting sewer or drain, and through which such lateral or connecting sewer or drain has or will have an outlet for its sewerage or drainage, it shall and may be lawful to include in such assessment not only the cost or part of the cost of such lateral or connecting sewer or drain, but so much of the cost of the main, trunk or intercepting sewer or sewers, drain or drains, with which the same is connected and through which it finds an outlet, as the said lands and real estate shall be peculiarly benefited by the construction of said main, trunk or intercepting sewers or drains, or any part thereof.
5. And be it enacted, That in all cases the benefit assessment so made shall be limited to and shall not exceed the peculiar or special benefit which each lot or parcel of land assessed has received, or will receive, when lateral connections are made as aforesaid, and be made as near as may be in proportion to the benefits each shall be deemed to acquire. 6. And be it enacted, That if in any case different portions of sections of any trunk line sewer or drain are or may be constructed under different acts, requiring a different disposition of the moneys collected from benefit assessments, that in every such case a separate assessment shall be made for each portion or section, in order that a lawful application may be made of the moneys derived from such assessment when received. 7. And be it enacted, That it shall be the duty of the corporation attorney or counsel of such city or other municipality, to assist the board, commission, or other municipality, to assist the board, commission or other body charged with the making of such assessments, by advice, preparation of reports, and otherwise in the discharge of their duties, when requested, and the city surveyor or engineering department of the city shall make all necessary surveys and maps required. 8. And be it enacted, That this act shall take effect immediately.
Approved February 19, 1895.

