OCEAN CITY SENTINEL.

THURSDAY, MAY 2, 1895.

[BY AUTHORITY] LAWS OF NEW JERSEY

CHAPTER CLXII.

An act to abolish the interior courts of common pleas, courts of oyer and terminer and general jail delivery and courts of general quarter sessions of the peace, and to establish in their place a county court in each of the counties of this state, and to provide for and define the jurisdiction, powers and duties of such county courts.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the inferior courts of common pleas, courts of oyer and terminer and general jail delivery and courts of general quarter sessions of the peace in the several counties of this state, be and the same are hereby abolished, and that a county

court be and the same is hereby established in each of the counties of this state, to be known and designated as the (name of county) county court, and which shall be a court of record, with the jurisdiction, powers and duties hereinafter stated and defined and the common seal of the county shall be the seal of the county court therein.

2. And be it enacted, That the legal voters of each of the counties in this state having a population exceeding forty-seven thousand inhabitants, according to the census of the year one thousand eight hundred and ninety, shall, at the next election for members of the general assembly, elect one judge to hold the county courts hereby established therein; that said voters of each of the other counties shall jointly elect judges to hold said county courts therein as follows, namely, said voters of Atlantic and Ocean counties shall elect one judge; said voters of Gloucester and Salem counties shall elect one judge; said voters of Cumberland and Cape May counties shall elect one judge; said voters of Hunterdon and Somerset counties shall elect one judge; and said voters of Sussex and Warren counties shall elect one judge.

3. And be it enacted, That said judges shall be elected from among the qualified voters of the county or counties in and for which they are elected respectively; they shall be members of the bar for this state, and shall be commissioned by the governor, and hold office for the term of five years from and after the first day of December next; their successors shall be elected for terms of five years at the election for members of the general assembly held next before the expiration of each term, and in case any vacancy shall occur more than thirty days preceding any such election, the governor shall appoint and commission a judge qualified as aforesaid, to hold office until the next day of December following such appointment, and if any vacancy shall occur within such period of thirty days, such appointment and commission shall expire on the first day of December in the year next following, and the successors of the judges so appointed shall be elected at the election for members of the general assembly next preceding the expiration of the term for which they shall have been appointed; each judge before entering upon the duties of his office, shall take and subscribe an oath to support the constitution of the State of New Jersey and of the United States, and to faithfully and impartially perform all his official duties as such judge, according to the best of his ability and understanding; which oath shall be administered by a justice of the supreme court, and filed in the office of the secretary of state; and no judge elected or appointed under this act shall be allowed to practice in any of the courts of the county or counties in which he is elected or for which he may be appointed. 4. And be it enacted, That the annual salary of the judges elected in counties containing more than two hundred thousand inhabitants, according to the then next preceding state or national census, shall be seven thousand and five hundred dollars; the annual salary of each of the other judges of said county courts shall be as follows, namely judges elected in counties having between one hundred thousand and two hundred thousand inhabitants, according to such census shall receive the sum of five thousand and five hundred dollars; in counties having between eighty thousand and one hundred thousand inhabitants, according to such census, five thousand dollars; in counties having between seventy thousand and eighty thousand inhabitants, according to such census, four thousand five hundred dollars; and in counties having between forty-seven and seventy thousand inhabitants, according to such census, four thousand dollars; and judges elected by the voters of two counties jointly shall be paid at the same rate, according to the aggregate population of the counties in which they shall be elected, and each of such counties shall pay in proportion to the number of its inhabitants according to such census; provided, that the judges elected in two counties when the aggregate population thereof, according to such census, is not more than forty-seven thousand, shall be paid the sum of three thousand dollars annually; such salaries shall be paid by the collector or treasurer of the respective counties in equal monthly payments, and shall be lieu of all fees and other compensation whatsoever, and shall not be changed during the term for which any judge shall have been elected or appointed; and all fees which are now by law divided among or paid to the judges of any judge or any of the courts hereby abolished, shall not hereinafter be taxed or collected. 5. And be it enacted, That the justices of the supreme court in this state, together with the judges to be elected or appointed in pursuance of this act, shall be judges of the county courts, and any county court may be held by any justice of the supreme court or by any judge of the county courts or by any such justice and judge sitting together; the clerks of the several counties shall be clerks of the county courts therein, respectively, and shall be entitled to the same fees as have been payable heretofore for similar services, and the sheriffs, coroners, clisors, and constables of the several counties of this state, for the time being, shall be the ministerial officers of the county courts held within their respective counties, and shall execute all writs, orders and processes issuing out of said courts and to them directed and delivered, and make true return thereof according to the command of the same, and they shall be entitled to the same fees as heretofore for similar services.

6. And be it enacted, That the county courts in the several counties in the state shall have jurisdiction and cognizance of all crimes, misdemeanors and offences wherever which by the laws of this state are or shall be of an indictable or presentable nature, and which have been or shall be committed, done or attempted within the counties respectively, and of causes of civil and penal action arising therein; and the said county courts shall have, and they and each of them are hereby invested with and may exercise all the jurisdiction, powers and authority heretofore conferred upon or lawfully exercised by any and all of the courts mentioned in the first section of this act; both by way of original jurisdiction and on appeal, and for the purpose of properly hearing and determining the matters and causes of action committed to said county courts in and by this act, and to facilitate the administration by said courts of the laws applicable to such matters and causes of action, it shall be lawful for said courts to proceed in the manner and according to the methods, rules and practice heretofore provided, established and prevailing in any of the courts hereby abolished until such methods of practice shall be changed by rules, as provided in this set or otherwise, according to law; and all proceedings and acts had and taken before such county court shall be of the same validity, force and effect as if the same were had and taken prior to the passage of this act before the several courts of oyer and terminer and general jail delivery and general quarter sessions of the peace, and the courts of common pleas in the several counties of this state; and every judge of a county court shall have and may exercise all the rights and powers which have heretofore been vested in or exercised by any judge or law judge or president or presiding judge or by the leaders of any of the said courts acting or sitting together, and shall perform all the duties heretofore imposed on or required of any such judge or judges; provided, that a justice of the supreme court shall preside at the trial of any presentiment or indictment for a crime punishable by death.

7. And be it enacted, That whenever any person shall be charged upon oath or affirmation with any offense cognizable before such county courts, and the person so charged shall, in writing signed by him or her, and addressed to the prosecutor of the pleas of the county, waive indictment and trial by jury and request to be tried immediately before the county court of the county in which it is charged such offense was committed, it shall be the duty of the prosecutor to apply to the judge of the county court of such county to appoint a special session of such court for the purpose of trying such person, and such judge is hereby authorized to appoint such session and try the person so charged for such offense.

8. And be it enacted, That all proceedings of whatever kind that shall have been commenced before the first Monday of December next in any of the courts abolished by this act shall, on said Monday of December, be transferred to and continued in the county courts of the respective counties in which such proceedings shall have been commenced and shall be proceeded with as if commenced originally in the county courts; and all suits and proceedings that shall have been commenced, and all orders and judgments that shall have been made or entered in any of the courts hereby abolished prior to the said Monday of December next shall be continued and enforced by said county courts as if originally made or entered therein; and all records of said courts hereby abolished, and all papers and documents on file in the offices of the clerks thereof relating to said courts or to proceedings therein, shall, on and after the said Monday in December, be taken, treated and regarded as records of the county courts respectively, and the same or copies thereof may be certified or exemplified by the judges and clerks of said courts respectively in the manner provided or required by law. 9. And be it enacted, That the judges of the county courts respectively may adopt and settle rules of practice in all matters not regulated by statute for the government of said county courts and of proceedings therein, and may, from time to time, alter, repeal and modify the same as occasion may require.

10. And be it enacted, That the terms of the county courts shall begin in each county at the time and place of beginning the terms of the circuit courts therein, and they may adjourn from time to time and hold special terms when deemed necessary; all writs and processes issuing out of any county court shall be tested in the name of the judge thereof, or in the name of a judge authorized to hold such court; and it shall be lawful for said county courts, in their discretion at any time when the general panel of jurors shall not be in attendance, to issue a special ventre to summon a jury for the trial of any cause that may be pending therein on the application of either or any party thereto.

11. And be it enacted, That any trial judgment of a county court may be removed into the supreme court by writ of error or certiorari in the same manner as final judgments of the courts of common pleas, courts of oyer and terminer and general jail delivery, and general quarter sessions of the peace have heretofore been removed.

12. And be it enacted, That all acts and parts of acts, general, special or local, inconsistent with the provisions of this act be and the same are hereby repealed; provided, that the several courts mentioned in the first section of this act shall continue to exist and exercise their jurisdiction and powers as heretofore until the first Monday of December next. Passed March 14, 1895.

CHAPTER CLXIX. An Act to enable cities of the second class in this state to reconstruct old school-houses or to purchase additional land and construct new school-houses thereon to take the place thereof, and to issue bonds of such city for the payment of such expenditures.

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

sembly of the State of New Jersey, That here-

after in any city of the second class in this state where any public school-house shall be in a dilapidated, unsanitary, unsafe or unsatisfactory condition for school purposes, it shall be lawful for the common council, board of aldermen, or other governing body of every such city to borrow money to an amount not exceeding the sum of one hundred thousand dollars for the pur-

chase of additional or other ground as may seem best for school purposes, and thereon to reconstruct such school-house, or to build another to use in place thereof, on a larger scale, and with better and more modern appointments.

2. And be it enacted, That the said common council, board of aldermen or other governing body to secure the payment of the said sum or sums so borrowed may issue bonds of such city not to exceed the said sum of one hundred thousand dollars, payable in not more than twenty years at a rate not to exceed five per centum, pledging the faith and credit of such city for the payment thereof, which bonds shall be sold to the highest bidder at not less than par value, after first having advertised the same for sale by two newspapers of the county for at least two weeks; provided, that the purchase of land for all such purposes and the erecting and furnishing and reconstruction of any school-house with the money so borrowed shall be done solely and entirely by the board of education in every such city, and the money to be borrowed shall be placed to the credit of said board of education for the purposes aforesaid. 3. And be it enacted, That acts and parts of acts inconsistent herewith be and the same are hereby repealed. 4. And be it enacted, That this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXXIV. A Supplement to an act entitled "An act for the formation and government of villages," approved February twenty-third, one thousand eight hundred and ninety-one.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the legal voters of any village formed under the act to which this is a supplement, out of part of a township, shall, at the annual election for village officers, elect a collector of taxes, an overseer of the poor and three judicious freeholders, to hear and determine all appeals in cases of taxation, to be known as commissioners of appeal, the said collector and overseer each to hold his office for the term of three years and until his successor shall be qualified, and to give bond to the said village for the faithful performance of his duties in such sum and sureties as the board of village trustees of such village shall determine, and the said commissioners of appeal to hold their office for the term of one year; the said collector overseer and commissioners of appeal to act in the limits of such village in the place of the collector, overseer and commissioners of appeal of the township wherein such village lies, to have the same powers and authority, to be subject to the same duties and penalties, and to receive the same compensation as is now provided by law in regard to the collector and commissioners of appeal of such township, respectively, except that the compensation of such overseer shall be fixed annually by the board of village trustees; provided, however, that no election of any of said officers shall be had unless the legal vo-

ters of said village shall by an election held for

that purpose determine to elect any one of all

of said officers.

2. And be it enacted, That the assessor of said village shall be paid the same fees for his services as are now paid to the assessor of the township wherein each village lies, and all fees to be paid to such assessor, collector and com-

missioners of appeal shall be paid wholly by the trustees of said village, and not by the said township.

3. And be it enacted, That section sixty of the

act to which this is a supplement be and the same is hereby amended so as to read as follows:

[?] And be it enacted, That the board of trustees, in order to pay the expenses of any such improvement or any improvement in relation to sidewalks made by the said trustees under the provisions of section forty-three of this act, may borrow the money necessary therefor upon the promissory notes of such corporation or by the issue of temporary improvement certificates from time to time as the work progresses in such form as the board may prescribe; said notes and certificates to bear interest at a rate not to exceed six per centum per annum, to be fixed by the board, and shall be payable of not more than

three years from the date of their issue; and that receipts from assessments for such improvement shall be paid to the treasurer and shall be applied to the payment of indebtedness incurred by the village therefor.

4. And be it enacted, That all acts and parts of acts inconsistent herewith are hereby repealed.

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

CHAPTER CXLIII. A Further supplement to an act entitled "An act respecting the orphans' court and relating to the powers and duties of the ordinary and the orphans' court and surrogates."

1. Be it enacted by the State and General Assembly of the State of New Jersey, That section one of the act entitled "An act respecting the orphans' court and relating to the powers

and duties of the ordinary and orphans' court

and surrogates" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, be and the same is hereby amended so as to read as follows:

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the judges of the county courts of the respective counties of this state shall be and they are hereby constituted judges of the orphans' court heretofore established therein; and each judge of the county courts may hold the orphans' court in any county.

2. And be it enacted, That the judges of the orphans' courts respectively shall not be entitled to, demand or receive any fees, compensation or salary for services rendered by them as judges of the said courts in addition to the salary to which they shall be entitled respectively as judges of said county courts, and no fees or costs shall be hereinafter taxed or collected for any such services.

3. And be it enacted, That the orphans' courts in the counties of this state may each adopt and use an official seal.

4. And be it enacted, That all acts and parts of acts inconsistent with this act are hereby repealed, and this act shall take effect on the first Monday of December next. Passed March 14, 1895.

CHAPTER CLXXV. An Act to establish the rate of interest on arrears of taxes and assessments in cities of this state. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the common council or other board having charge and control of the finances of any such city in this state may, by the same vote required to expend moneys, fix and change by resolution the rate of interest on all past-due taxes and assessments of all kinds which were due prior to January first, one thousand eight hundred and ninety-four, at and after a rate of not less than seven per centum per annum; provided, however, that such rate shall apply only to such taxes and assessments as are still due and unpaid to said city, and shall not apply to any taxes or assessments that have been or may be adjusted under the act of the legislature entitled "An act concerning the settlement and collection of arrearages of unpaid taxes, assessments and water rates or water rents in cities of this state, and imposing and levying a tax, assessment or lien in lieu and instead of such arrearages and to enforce the payment thereof, and to provide for the sale of lands subjected to further taxation and assessment," passed March thirtieth, one thousand eight hundred and eighty-six. 2. And be it enacted, That all acts and parts of acts, so far as may conflict herewith be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXXXIV. An Act relative to the formation of surety companies and regulating surety companies doing business in this state. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for seven or more persons to associate themselves into a company to carry on the business of indemnity and surety shall upon making and filing a certificate in writing of their organization in manner hereinafter mentioned, and every company so formed shall, besides the powers conferred by this act, be additionally possessed of all powers and be subject to restrictions thereon contained in the general act entitled "An act concerning corporations," as far as the same are consistent with this act, and be subject to the provisions and regulations of the act entitled "An act to provide for the regulation and incorporation of insurance companies," approved April ninth, one thousand eight hundred and seventy-five.

2. And be it enacted, That such certificate in writing shall set forth: I. The name assumed to designate such company and to be used in its business and dealings. II. The place or places in this state or elsewhere where the business of the company is to be conducted, and the place in this state where its principal office is to be located and the place where the principal office and place of business, if any, out of this state is to be located. III. The objects for which the company shall be formed. IV. The amount of the capital stock of such company, which shall not be less than one hundred thousand dollars; the amount with which they will commence business, which shall not be less than fifty thousand dollars, and the number of shares into which the same is divided and the par value of each share, which certificate shall be proved or acknowledged and recorded as required of deeds of real estate in a book to be kept for that purpose in the office of the clerk of the county where the principal office of the company in this state shall be established, and after being so recorded, shall be filed in the office of the secretary of state, and said certificate, or a copy thereof, duly certified by said clerk or secretary, shall be evidence in all courts and places, and from the filing of such certificate said persons so associating, their successors and assigns, shall be incorporated into a company by the name mentioned in said certificate. 3. And be it enacted, That whenever any bond, undertaking, recognizance or other obligation is by law, or the charter, ordinances, rules or regulations of any municipality, board, body, organization, court or public officer, required or permitted to be made, given, tendered or filed, with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guarantee may be executed by such surety company qualified to act as surety or guarantor as herein before provided; and such execution by such company of such bond, undertaking, obligation, recognizance or guarantee shall be, in all respects, a full and complete compliance with every requirement of every law, charter, ordinance, rule or regulation that such bond, undertaking, obligation, recognizance or guarantee shall be executed by one surety or by one or more sureties, or that such sureties shall be residents or householders or freeholders, or either or both, or possess any other qualification; and all courts, judges, heads of departments, boards, bodies, municipalities and public officers of every character shall accept and treat accordingly such bond, undertaking, obligation, recognizance or guarantee, when so executed by such company, as conforming to and fully and completely comply with such law, charter, ordinance, rule or regulation. 4. And be it enacted, That such company, to be qualified to so act as surety or guarantor, must comply with the requirements of every law of this state applicable to such company in doing business therein; must have good available assets exceeding its liabilities, which liabilities, for the purpose of this act, shall be taken to be its capital stock its outstanding debts and a premium reserve at the rate of fifty per centum of the annual premiums on all outstanding bonds, undertakings, recognizances and obligations of like character in force must have on deposit with the comptroller of this state at least fifty thousand dollars in good securities, worth at par and market value at least that sum, and held for the benefit of the holders of the obligations of such company; must file with the commissioner of banking and insurance a certified copy of its certificate of incorporation, a written application to be authorized to do business under this act, and also with said application, and in each year thereafter in January, a statement signed and sworn to by its president or vice president and its secretary or assistant secretary, made up to December thirty-first preceding, stating the amount of its paid-up cash capital, particularizing each item of investment, the amount of premium on existing bonds upon which it is surety, the amount of liability for unearned portion thereof, estimated at the rate of fifty per centum of the annual premium on all outstanding obligations, stating also the amount of its outstanding debts of all kinds and such further statement similarly verified as may be by the laws of this state required of such company in transacting business therein; said securities deposited with said comptroller shall remain with him in trust to answer any default of such company as surety upon any such bond, undertaking, recognizance or other obligation established by final judgment upon which execution may lawfully be issued against said company, said comptroller and his successors in office being hereby directed to so receive and thereafter retain such deposit under this act in trust for the purposes hereof; such company, however, at all times to have the right to collect the interest, dividends and profits upon such securities, and from time to time to withdraw said securities or portions thereof, substituting therefor other of equally good character and value to the satisfaction of the comptroller; and such securities and substitutes therefor shall be at all times exempt from and not subject to levy under any writ or process of attachment and, further, shall not be sold under any process against such company without at least thirty days' notice to said company specifying the time, place and manner of such sale and the process under which and purposes for which it is made accompanied by a copy of such process; provided, however, that a foreign corporation having not less than one hundred thousand dollars in good securities deposited with a state officer of the state where it is incorporated and held for the benefit of the holders of its obligations as hereinafter provided, and not engaging in the business of executing or guaranteeing bonds, undertakings, recognizances or other obligations, in actions or proceedings, legal, equitable or otherwise, or which are required by law or by the charter, ordinances, rules or regulations of any county, municipality, township, town, village or borough commission for the performance of any written contract for work or supplies or for the enforcement of any penalty of forfeiture provided for in such contract shall not be required to make deposit of fifty thousand dollars with the comptroller as in this section provided. 5. And be it enacted, That no surety company shall hereinafter be formed in this state except in pursuance of this act. 6. And be it enacted, That any corporation of another state which is by the laws of the state where it was incorporated and under its charter, authorized to become surety upon such bonds and undertakings as are in this act mentioned, may engage in the business of suretyship and indemnity in this state in the same manner and to the same effect as allowed by corporations created under this act; provided, that said foreign corporation shall comply with all the requirements of the fourth section of this act, except as therein otherwise provided con-

cerning a foreign corporation; and in addition thereto shall establish that it has on deposit with the superintendent of insurance or other state officer of the state where incorporated in good securities worth at par and at market val-

ue at least one hundred thousand dollars, held for the security of its obligations, and has a

fully paid-up, safely-invested and unimpaired capital of at least two hundred and fifty thousand dollars; and also appoint an attorney in this state upon whom process of law can be served, and file in the office of the commissioner of banking and insurance a written instrument, duly signed and sealed, certifying such

appointment, together with the residence and

office of such attorney within this state, which

appointment shall continue until another attorney to be substituted.

7. And be it enacted, That whenever any such company, domestic or foreign, has been en-

gaged in this state in the indemnity or surety-

ship business as contemplated by this act and

has made deposit in this state in trust or other-

wise, of securities to answer any default of such company upon any bond, undertaking, recognizance, guarantee or obligation, such se-

curities so deposited shall be by the trustee or

custodian thereof transferred and delivered to said comptroller in trust for the same purposes, under and subject to all the rights and equities of all parties interested and to the terms and provisions of this act, and thereupon such de-

posit shall remain in trust, under and subject to the terms and provisions of this act; and whenever such deposit has been made with a

trustee by order of any court, it shall be the duty of such court, by order or otherwise, to direct such transfer to said comptroller; in case such deposit is less than the sum of fifty-thousand dollars, then such company must deposit

with said comptroller securities sufficient to increase said deposit to said sum of fifty thousand dollars as required by this act.

8. And be it enacted, That the comptroller of banking and insurance, upon one proof by any such domestic or foreign company of its possessing the qualifications in this act speci-

fied, shall issue to such company a certificate setting forth that such company has qualified and is authorized for the ensuing year to do business under this act, which said certificate shall be evidence of such qualification of such company, and its authorization to become and be accepted as sole surety on all bonds, undertakings, recognizances and obligations required or permitted by law, or the charter, ordinances, rules or regulations of any municipality, board, body, organization or public officer, and the solvency and credit of such company for all purposes and its sufficiency as such surety.

9. And be it enacted, That any such surety company, domestic or foreign, may at any time surrender to the commissioner of banking and insurance, its said certificate of qualification, and shall thereafter cease to engage in the said business of suretyship and indemnity; such company shall thereupon be entitled to the release and return of its said securities deposited as aforesaid in manner following; said company shall file with said commissioner a statement in writing, under oath, giving date, name and amount of all its then existing obligations of suretyship or indemnity in this state, setting down the facts of each case, and said commissioner, after an examination of the facts, shall require said company to file with the comptroller a bond to the state, in the penalty of not less than twenty nor more than fifty thousand dollars, executed by said company and two or more responsible freeholders of this state, or a responsible surety company of this state qualified as aforesaid, conditioned for the prompt fulfillment by said company of all its said outstanding obligations of suretyship and indemnity, and stipulating that the makers of said bond may be joined as defendants to any action upon any of the aforesaid obligations or suretyship or indemnity of said company, and that if judgment in such action to be rendered and enforced against the makers of said bond without further or other action against them, and such bond shall stand for the security and benefit of all persons interested in said outstanding obligations of suretyship and indemnity; upon approving and filing such bond said commissioner shall deliver said securities to said company. 10. And be it enacted, That all acts and parts of acts inconsistent with this act be and the same are hereby repealed, and this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CLXXVI. A Further Supplement to the act entitled "An act for rendering the proceedings upon information in the nature of a quo warranto more speedy and effectual," passed March seventeenth, one thousand seven hundred and ninety-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That hereinafter any relator or relators, upon the entry of judgment or ouster in the supreme court in respect to any office or franchise within this state, upon any proceedings upon information in the nature of a quo warranto, wherein such relator or relators shall theretofore have had

judgment of ouster in safe court shall be entitled at once upon the entry thereof to enter,

possess and enjoy the office in respect to which

said proceedings whereon the said judgment may be founded, were or shall be taken; and that the said court or any judge thereof may, upon the entry of such judgment, thereupon

make an order on any defendant in such proceedings requiring him immediately to surrender any such office or franchise, with all the

books, papers and insignia thereof, to the relator or relators; and no writ of error or other

proceedings shall in anywise affect the right of such relator or relators to immediate entry into such office or franchise; provided that such relator or relators shall, upon his or their entry into such office or franchise, five bond to the defendant or defendants in such sum and with such surety or sureties as the supreme court or any judge thereof shall approve, conditioned for the repayment to the defendant of the emoluments of the office or franchise during such relator's incumbency therein to which such defendants may be adjudged to be entitled, as well as the costs of the defendant, in the event of the subsequent reversal of the judgment of ouster in the said proceedings. 2. And be it enacted, That this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXXVII. A Supplement to "An act relative to the state house and adjacent public grounds," passed March twenty-fifth, 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 governor, the treasurer and the comptroller, or a majority of them, be and are hereby authorized and required to effect and maintain insurance against loss by fire upon the state house and the contents thereof, in such sum as in their judgment may be necessary and sufficient. 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 March 19, 1895.

CHAPTER CLIXXVII. An Act in relation to mutual fire insurance companies.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful for any mutual fire insurance association, organized under the laws of this state, to insure buildings, farm produce and other personal property against loss or

damage by lightning or fire, wheresoever the same may be located. 2. And be it enacted, That this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXIV. An Act to enable the city clerk of cities of the first class in this state to designate a clerk in the office of the city clerk to act as city clerk. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the city clerk of any city of the first c lass in this state shall be authorized to designate from the clerks in his office a clerk to act as city clerk during his absence or disability, which designation shall be made in writing and addressed to the board having the control of finances in said city, which designation shall be operative until the resumption of the work of the office by the city clerk.

2. And be it enacted, That such acting city clerk shall perform all the duties of the office of city clerk during such absence or disability of the city clerk, which said city clerk shall be responsible for the acts and doings of such clerk so designated as acting city clerk.

3. And be it enacted, That this act shall take

effect immediately.

Approved March 18, 1895.

CHAPTER CLXX. A Further 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.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the board of education, board of school trustees, or other body having charge and control of the public schools in any school district in this state acting under a special charter, is hereby authorized and empowered for the purpose of enlarging any school-house or houses in said district, to borrow such sum or sums of money as may be necessary for that purpose; provided, the legal voters of said district shall have first authorized and determined the amount that may be borrowed for said purpose, by a majority of the votes cast at an annual election or at a special election called by said board or said other body for that purpose; and provided, further, that the said board or said other body shall have made an estimate of the amount necessary to be borrowed for such purpose and notice in writing of such estimate shall have been set up by the district clerk in seven of the most public places in said district at least ten days before the time for holding such election.

2. And be it enacted, That the money borrowed by virtue of this act shall be secured by bonds issued in the corporate name of the said school district, to be known as district school bonds, which bonds shall bear interest at a rate not to exceed five per centum per annum, payable semi-annually; and the said bonds shall and are hereby declared to be the first lien upon the school house and the lot on which the same be erected and for the erection, enlarging or repair of which they shall have been issued; that such loan may be paid at such times and in such amounts as said board of education, board of school trustees or other body borrowing money under the provisions of this act may direct; provided, that the first payment on any such loan shall become and be payable not later than five years from the date of said loan.

3. And be it enacted, That if any charter or any incorporated school district in this state shall limit the amount of the indebtedness that may be incurred or shall limit the amount of tax or the rate of taxation in any incorporated school district, or by its terms prevent the carrying out of the provisions of this act, the said charter shall not hereafter be held to apply to the raising of money under the provisions of this act, any public, local, special or other law to the contrary notwithstanding.

4. And be it enacted, That it shall be the duty of the officer or board charged with the raising, levying and assessing of taxes in any school district issuing bonds under the provisions of this act, to assess upon the inhabitants thereof and their estates and the taxable property therein, an amount sufficient to pay the bonds of the said district maturing in such year, together with the interest accruing upon the whole issue of the unpaid bonds of such district, and the tax so ordered shall be assessed, levied, collected and paid over in the same manner as other taxes for school purposes are assessed, levied, collected and paid in said school district.

5. 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 March 19, 1895.

CHAPTER CLXXI. A Further Supplement to an act entitled "An act for the better regulation of the proceedings upon writs of mandamus," approved December second, one thousand seven hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all proceedings by mandamus to enforce the col-

lection or payment of a tax or appropriation, it shall and may be lawful to plead and show a defense that such tax or appropriation is in whole or in part illegal.

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

CHAPTER CLXV. An Act to authorize the relaying and repair of sidewalks in townships of this state, and to provide for the assessment and collection of the costs and expenses incurred therein. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the township committees of the several townships of this state be and they are hereby authorized by ordinance to provide for the relaying and repair of sidewalks in the several townships in this state, in such localities, of such width and material and of such length as they may deem best; that upon the passage of such ordinance by any township committee it shall be the duty of the township clerk to notify, in writing the owner or owners of all lands adjacent to such proposed improvement of the adoption of such ordinance, and requiring such owner or owners to make or cause to be made, under the supervision of said town committees, the improvement therein and thereby provided for in front of their said lands respectively within thirty days after service of such notice, and that, in default thereof, such improvement will be made by said township committee at the expense of such owner or owners; such notice shall be served personally upon such property owner or owners when he, she, or they reside within the township where such improvement is proposed, or by leaving the same at his or her residence with some member of his or her family above the age of fourteen years; but when such owner or owners reside without the limits of said township, such notice shall be served either personally or by mailing the same to such owner or owners at his, her or their proper post office address, if the same be ascertained, but if the same cannot be ascertained after due in-

quiry, then such notice may be given by publishing the same once a week for at least two weeks in some newspaper published in said township, if any; or if no newspaper shall be published in said township, then by publishing the same in some newspaper published in the county in which said township lies, and circulating therein for the same period in the same manner.

2. And be it enacted, That in default of any property owner or owners making such improvement within thirty days after being notified as aforesaid, the said township committee

shall and may without delay proceed to relay or repair said sidewalk, make or cause the same to be relaid or repaired in front of the property

of such owner or owners, and shall pay the cost and expenses of the same to the person or persons entitled to receive the same; the said township committee shall cause the work to be done by contract in all cases where the amount of work to be done is estimated to cost more than one hundred dollars, and shall in such case invite bids for said work by public notice given once a week for at least two weeks in some newspaper printed and published in the township, or if there be no such newspaper, then in some newspaper printed and published in the county and circulating in said township; said township is hereby empowered to place the promissory notes of said township in payment of the cost and expenses of said work.

3. And be it enacted, That whenever said work shall be done in whole or in part by any township committee, pursuant to the act, it shall be the duty of said committee to ascertain and determine the costs and expenses of doing such work in front of and adjacent to the lands of any and every owner neglecting or refusing to make such improvement after notice as aforesaid, and thereupon to assess such costs and expenses upon and against the said lands of such owner or owners respectively, and to file such assessment under the hands and seals of said township committee with the clerk of said township. 4. And be it enacted, That it shall be the duty of the township clerk of said township to receive and file said assessment and within five days thereafter to deliver a certified copy thereof to the collector of said township; and from and after the filing of said assessment with the clerk of said township and said assessment shall be and remain a first and paramount lien upon the lots assessed for the amounts thereon assessed respectively, with interest at six per centum from the time of such filing, and also for all costs and fees thereon until the same shall be paid and satisfied, notwithstanding any devise, descent or alienation thereof, or any judgment, mortgage or incumbrance thereon, and notwithstanding any mistake in the name or names of the owner, or omission to name the owner or owners thereof, and any assessment in which such mistake or omission occurs shall nevertheless be valid and effectual lien upon the lands assessed. 5. And be it enacted, That the assessments to be imposed shall be collected by the same officer or officers and at the same time and in the same manner that taxes are or may be collected in the township where said improvement is made. 6. And be it enacted, That this act shall take effect immediately. Approved March 16, 1895.

CHAPTER CLXXII. 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 seventy-three of an act entitled, "An act to establish a system of public instruction"

(Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, be and the same is hereby amended so as to read as follows:

73. And be it enacted, That it shall be the duty of the trustees of the school fund of this state, on or before the fifteenth day of November of every year, to appropriate out of the annual income of the fund for the support of public schools the sum of two hundred thousand dol-

lars; and if the annual income of said fund shall not have been received in full, or shall be insuf-

ficient for that purpose, then the said trustees are hereby empowered to draw for any sum ne-

cessary to make up the deficiency, by warrant, signed by the comptroller, upon the treasurer of the state, who is directed to pay the same; which sum, so drawn from the treasury afore-

said, shall be replaced from the annual income of said school fund as soon as the same shall be received.

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

CHAPTER CLXXIII. An Act to repeal a further supplement to an act entitled "An act for the formation and govern-

ment of villages," approved February twenty-third, one thousand eight hundred and nine-

ty-one, said further supplement 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 an act entitled a further supplement to an act entitled "An act for the formation and government of villages," approved February twenty-third, one thousand eight hundred and ninety-one, said further supplement approved May fourteenth, one thousand eight hundred and ninety-four, be and the same is hereby repealed, and that this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXXIX.

A Supplement to an act entitled "An act providing for the formation and establishment of wards in cities of the first class in this state," approved May sixteenth, one thousand eight hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the first class in this state in which new ward lines may have been or shall hereafter be established under the provisions of the act to which this is a supplement, there shall be elected at the first charter election ensuing after the formation of such new wards, one al-

derman from each of the wards thus formed, who shall hold the offices to which they have

been elected for the term of two years; and that one alderman shall be elected each year there-

after in each of the said wards, to hold office for a like term; and other officers required to be elected in said new wards shall be elected to such number only as would have been required to be elected for full terms in such wards had the new wards been the original wards theretofore provided for by law.

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 March 19, 1895.

CHAPTER CLXXXV. A Supplement to an act entitled "An act for the formation, establishment and government of towns," approved March seventh, one thousand eight hundred and ninety-five, conferring upon towns formed and established under previous acts of the legislature of this state the powers, authority and franchises conferred upon towns organized, or to be organized under the act to which this is a supplement, and giving to the acts and proceedings of such towns the force, effect and validity of acts done and proceedings had and taken under the provisions of the act to which this is a supplement.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That every town government heretofore established, formed under and in accordance with the provisions of the acts of the legislatures of this state for the formation and government of towns which has been in fact constituted, formed and or-

ganized substantially in the manner directed by the act to which this is a supplement, con-

taining within its limits and jurisdiction the population therein required, whether the authority to form such government has been lawfully conferred or not, shall be deemed, held and taken to be a town government treated under the provisions of the act to which this is a supplement and each and every of such governments is hereby constituted and made a town government, as fully to all intents and purposes as if the proceedings for the formation of the same had been instituted and the said governments had been formed under the provisions of the act to which this is a supplement; and every such town government is hereby perpetuated and continued and authorized, without organization or further proceeding, to assume and exercise all the powers, privileges and franchises conferred upon town governments by the said act to which this is a supplement; and that all officers heretofore appointed, chosen or elected in any such town government shall continue in office until the expiration of the term or terms for which they were originally appointed or elected, with all the powers and subject to all the duties and responsibilities that are conferred upon or imposed upon like officers appointed, elected or chosen or to be appointed, elected or chosen in governments formed and organized under the provisions of the act to which this is a supplement, and that all laws, ordinances, acts and proceedings of every such government heretofore passed, done and taken shall have the same force, validity and effect as if they had been passed, had done and taken by governments organized under and in pursuance of the authority of the act to which this is a supplement.

2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CLXXX. An Act respecting local boards of health in cities of this state.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That where the board of health of any city in this state shall have established or shall hereafter establish a plant for the production of diphtheria anti-toxin serum, and shall be engaged in the production of diphtheria anti-toxin serum, that such board of health shall have power from time to time and at such price as they shall determine, to sell to any other municipality or to any person desiring to purchase the same such surplus diphtheria anti-toxin serum as they

may have and which is not needed in the city in which such health board is located. 2. And be it enacted, That this act shall take effect immediately. Approved March 19, 1895.

CHAPTER CLXXXII. A Further Supplement to an act entitled "Further supplement to an act entitled 'An act to regulate elections,' approved April eighteenth, one thousand eight hundred and seventy-six," which supplement was approved April twenty-eighth, one thousand eight hundred and eighty-seven.

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

sembly of the State of New Jersey, That section

twenty-seven of an act entitled "An act to regulate elections," approved April eighteenth, one thousand eight hundred and seventy-six, which section was amended by a supplement to said act, approved April twenty-eighth, one thousand eight hundred and eighty-seven, be and the same is hereby amended so as to read as follows:

27. And be it enacted, That the board of chosen freeholders of each county, and the common council, board of aldermen or other governing body of each city and incorporated town and each township, shall, when new boxes are required, provide and keep in good repair such ballot-boxes for the use of each township, ward or election district, which box shall be made at least one foot in depth, width and length on the exterior thereof, and may provide a ballot-box known as the "safety ballot-box" of Camden, New Jersey, and that no sum in excess of twenty-five dollars shall be paid for each ballot-box, and that the said ballot-box may be furnished to the respective municipalities and townships before the first day of October, anno domini one thousand eight hundred and ninety-five; said ballot-box shall be so constructed as to have four glass sides, supported by four upright columns, and that no bolts, screws or other attachments by which the box is held together shall be exposed on the outside; and that the said ballot-boxes shall be secured by three patent locks, no two keys of which are alike, and these locks in turn to be covered by an outer door, connected by a rod running to dial in front of the box; which is sealed and in full view of the voter, and each vote cast to be recorded in figures plainly visible in the front of the box.

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 March 19, 1895.

CHAPTER CLXXXVII. An Act to repeal an act entitled "An act to provide for admission of certain persons resident of this state to practice as attorneys and counselors in the supreme court of this state," approved April thirtieth, one thousand eight hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That chapter one hundred and seven of the laws of one thousand eight hundred and ninety-four, entitled "An act to provide for admission of certain persons residents of this state to practice as attorneys and counselors in the supreme court of this state," approved April thirtieth, one thousand eight hundred and ninety-four, be and the same is hereby repealed.

2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CLXXXVIII. An Act in relation to the salary of comptrollers in certain cities.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the board of aldermen or common council of any city having a population exceeding seventy-five thousand inhabitants may, by resolution, increase the annual salary of the comptroller of the city to an amount not exceeding two thousand dollars; provided, however, that this act shall not be construed to limit the salary of such officer in such cities where such officer now receives a larger annual salary.

2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.