Ocean City Sentinel, 2 May 1895 IIIF issue link — Page 6

CHAPTER CCXLVIII. An act to repeal an act entitled "An act in relation to the state house and adjacent public grounds," approved June thirteenth one thousand eight hundred and ninety.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the act entitled "An act in relation to the state house and adjacent public grounds," approved June thirteenth, one thousand eight hundred and ninety, be and the same is hereby repealed, and this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCXLIX. An act to repeal the act entitled "An act to provide additional facilities for the transaction of public business," approved March ninth, 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 act entitled "An act to provide additional facilities for the transaction of public business," approved March ninth, one thousand eight hundred and ninety-one, be and the same is hereby repealed, and this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCL. An act to repeal the joint resolution entitled "Joint resolution authorizing the governor to provide a suitable assembly chamber and committee rooms for the transaction of public business and to appropriate money to defray the cost and expense thereof," approved March twentieth, one thousand eighth hundred and ninety-one. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the joint resolution entitled "Joint resolution authorizing the governor to provide a suitable assembly chamber and committee rooms for the transaction of public business and appropriating money to defray the cost and expense thereof," approved March twentieth, one thousand eight hundred and ninety-one, be and the same is hereby repealed, and that this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLI. An act to repeal the at entitled "An act to provide for the purchase of furniture and appliances rendered necessary by the late fire in the state house, to provide for the care of the public documents and records, and to defray incidental expenses incurred on the occasion of the said fire," approved March twenty-sixth, one thousand eight hundred and eighty-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the act entitled "An act to provide for the purchase of furniture and appliances rendered necessary by the late fire in the state house, to provide for the care of the public documents and records, and to defray incidental expenses incurred on the occasion of the said fire," approved March twenty-sixth, one thousand eight hundred and eighty-five, be and the same is hereby repealed, and this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLXXXII. An Act concerning townships wherein boroughs have been or shall hereafter be incorporated. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the township committee or committees and the mayor and council of any one or more boroughs formed within any township or townships, shall, within twenty days after the first annual election for borough officers, hold a joint meeting at some convenient place within the township, and shall ascertain and determine thereat or at an adjourned meeting what amount of the unexpended balances of township moneys, against which there are no outstanding demands, is due to the borough or boroughs aforesaid; that such amount shall be ascertained and calculated upon the proportion that the assessed valuation of real and personal property within the territorial limits of the borough, as appears by the township duplicates for the preceding year, bears to the likewise assessed valuation within the whole township, and thereupon said township committee shall by resolution direct the collector of taxes or township treasurer, or both, as the case may be, to pay such sum or sums so found to be due to the collector of taxes for the borough or boroughs, as the case may be, for the use of the borough. 2. And be it enacted, That this act shall apply to and be enforced within the township wherein boroughs have been incorporated since the first day of January, one thousand eight hundred and ninety-four. 3. And be it enacted, That this act shall take effect immediately, and that all acts and parts of acts inconsistent herewith be and the same are hereby repealed. Approved March 22, 1895.

CHAPTER CCLXXXVI. An Act to amend an act entitled "A further supplement to an act entitled 'An act for the preservation of sheep' (Revision), approved April fourteenth one thousand eight hundred and forty-six," which further supplement was approved April 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 second section of the act of which this is an amendatory be amended so as to read as follows: 2. And be it enacted, That it shall be the duty of each township, village, borough or city in this state to provide a book for the purpose of registering the owner's name of every dog or bitch and the number, numbering them in the order of the owners applying for said registration, and giving to each person information of the registered number thereof; the person applying for registration shall pay the sum of one dollar for each dog or bitch thus registered, of which the clerk shall receive twelve cents for each registration, the balance to be applied to paying damage done by dogs to domestic animals or poultry, after the same shall have been appraised by two freeholders, as authorized and directed by the act to which this is a supplement, and the supplements to said act, and in case there is no damage, such balance to become a part of the general fund of such township, village, borough or city, as the case may be. 2. And be it enacted, That the third section of said act of which this is amendatory be amended so as to read as follows: 3. And be it enacted, That in case the clerk of any township, village, borough or city shall neglect or refuse to so register any dog or bitch then application shall be made to him for that purpose, he shall forfeit and pay the sum of ten dollars for each refusal, which shall be paid to the treasurer of the township, village, city or borough, and he applied to the general fund of such township, village, city or borough, as the case may be. 3. And be it enacted, That the fourth section of the said act of which this is amendatory be amended so as to read as follows: 4. And be it enacted, That the common council or governing board of any incorporated village, borough or town, or the township committee of any township in this state, are hereby authorized and empowered and whose duty it shall be to appoint one or more persons in their respective cities, villages, boroughs, towns or townships, with full power and authority to kill any dog, male or female, found straying off the owner's premises without such collar as above provided for upon its neck. 4. And be it enacted, That the fifth section of said act to which this is amendatory be amended so as to read as follows: 5. And be it enacted, That the common council or governing board of any incorporated city, village, borough or town and the township committee of any township are hereby authorized to fix the compensation to be paid to any person or persons appointed as above provided for and to pay the same out of any moneys in the treasury of said city, village, borough, town or township. 5. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

place when and where they will hear any such persons in interest who may present themselves to be heard, and at such time and place and at such other times and places to which they may be adjourn for that purpose the said commissioners shall attend, and shall give a public hearing to those persons in interest who may desire to be heard; the said commissioners shall have power to examine witnesses under oath or affirmation to be administered by one of them, and to enter upon and view the lands and real estate fronting or bordering on the road or section thereof improved and to adjourn from time to time in their discretion, or as directed by said court; they shall use diligent efforts tot ascertain the names of the owners of the lands fronting or bordering on the road or section, thereof improved, and shall state the same in the report herein after mentioned; but the failure to ascertain the name of any owner, or to state the same correctly, or the omission of any such name from the report, shall not invalidate said assessment nor be a bar to the collection of the same. 12. And be it enacted, That after having given opportunity as aforesaid for a public hearing of the persons in interest, and having viewed the lands fronting or burdening on the road or section thereof improved as aforesaid the said commissioners shall make a report in writing of their estimates and assessments to the said court, accompanied by a map prepared by the engineer in charge of the construction of the road showing the several tracts or parcels of lands and real estate fronting or bordering on said road or section thereof; the said report shall state the cost of the whole work which shall be finished to the commissioners by the board of chosen freeholders from the report of the supervisor of construction filed with said board under the requirements of the third section of this act, and shall give the names so far as ascertained, of the owners of the tracts or parcels of lands and real estate fronting or bordering on said road or section thereof the city, township, borough or other municipality in which each tract or parcel of land is situate, and the amount of the assessment upon the owner or owners of each of said tracts or parcels of land and real estate for the said benefits; which several assessments shall be in proportion, as near as may be, to the peculiar benefits deemed to have been conferred by said improvement upon the respective tracts of land and real estate aforesaid; if any tract of land shall be located in more than one city, township, borough or other municipality, it shall be stated in said report as being in the city, township, borough or other municipality in which there is the greatest frontage by lineal feet on the road or section thereof improved; in no case shall any tract or parcel of land and real estate, or any owner thereof, be assessed beyond the amount or benefit actually derived from said improvement, nor shall the aggregate amount of assessments imposed upon the tracts or parcels of land fronting or bordering upon such road or section thereof exceed ten per centum of the total cost of the improvement. 13. And be it enacted, That upon the coming in of any such report signed by the said commissioners, or any two of them, said court shall cause such notice to be given as it shall deem proper of the time and place of hearing any objections that may be made to such assessment, and after hearing any matter that may be alleged against the same the said court, either by rule or order, shall confirm the said report, or shall refer the same to the same commissioners for revision and correction, or the new commissioners to be appointed by the said court forthwith to reconsider the subject matter thereof, and the said commissioners to whom such report shall be referred by the court shall return the same corrected and revised, or a new report to be made by them in the premises, to the said court without unnecessarily delay and the same, being so returned, shall be confirmed or again referred by the said court in the manner aforesaid, as right and justice shall require, and so from time to time until a report shall be made or returned in the premises, which said court shall confirm; such report when so confirmed, shall be final and conclusive, as well upon the said board of chosen freeholders and the cities, townships, boroughs or other municipalities, in which said lands may be situate, as upon the owners of any lands and real estate affected thereby, and the court shall require the same to be forthwith filed with the county clerk, and certified copies thereof and of the accompanying map, and of the rule or order confirming the report to be promptly delivered to the county collector, one for said county collector and for each city township, borough or other municipality in which the said lands may lie; the county collector shall retain one of the said copies for his own use and shall forthwith give one to the collector or receiver of taxes in each of the cities, townships, boroughs and other municipalities in which the assessed lands may lie; each city, township, borough or other municipality, whose collector or receiver of taxes shall receive such certified copy shall by its proper disbursing officer, within six months after the date of the said order of confirmation, pay the amount of assessments appearing by said report to have been assessed upon the lands situate in such city, township, borough or other municipality, who shall receive for his services three percentum of the money so collected to be paid by the county. 14. And be it enacted, That no certiorari shall be allowed by any court to review any of the proceedings in relation to such improvement, nor in any way to effect any assessment made by such commissioners, after the lapse of thirty days from the making of the order of the court confirming such assessment; the court shall designate what notice, if any, shall be given by publication or otherwise of the confirmation of the report of said commissioners. 15. And be it enacted, That the assessments made by said commissioners shall be and remain a lien upon the lands assessed, from the date of the confirmation of the report of assessments in the same manner and to the same extent that taxes are liens upon lots or tracts of land situate in the city, township, borough or other municipality in which the assessed lands may be. 16. And be it enacted, That the receiver or collector of said city, township, borough or other municipality shall, as soon as the said report is delivered to him, give to the owners of lots and tracts of lands appearing by said report to be assessed, such notice of the assessments and of the time within which the same are required to be paid, as the court in its order of confirmation hereinabove mentioned shall prescribe; all such assessments shall become due and payable to such receiver or collector within six months from the date of the order or confirmation hereinabove mentioned. 17. And be it enacted, That if any assessment upon any lot or tract of land made under the provisions of this act shall not be paid within the time appointed; said notice the township committee, common council or other governing body in the city, township, borough or other municipality within which such lot or tract of land shall be situate, or a majority of them may, as they shall deem proper, either bring an action on contract in any court of competent jurisdiction, in the corporate name of such city, township, borough or other municipality, against the owner or owners of such lot or tract of land for so much money laid out and expended by them for the use of such owner or owners and declare generally, and give the special matter in evidence, and either party from any judgment rendered therein may have the same remedy by appeal or otherwise as if said parties were private individuals, or they may proceed to collect the said assessment by sale of the lot or tract of land whereon such assessment has been imposed, or may be a lien, in the same manner and to the same extent as lands are now sold for unpaid taxes in such city, township, brough or other municipality, and the purchaser or purchasers at any sale or sales, and his legal representatives, shall hold and enjoy such lot or tract of land, with the rents, issues and profits thereof, in the same manner and by the same title and tenure as purchasers at the sales of lots or tracts of land for unpaid taxes can now hold and enjoy the same in such city, township, borough or other municipality. 18. And be it enacted, That if any property-owners or owner along any road in any county of this state which has not been improved, or is not undergoing improvement, under the previous sections of this act, shall desire any section of any road in such county, to be improved, and are or is willing to contribute the whole expense of such improvement, the supervisor of roads of such county shall, upon the written request of such owners or owner, make a plan of such section of road so to be improved, in which shall be given the levels and distances, and also specifications, which shall state the materials that may be used and the manner of using them; and a copy of such plan, specifications and of any bids to do such work shall then be submitted to such owners or owner to the board of chosen freeholders, and if such board shall approve them, it shall be lawful for such owners or owner to accept any bid or bids so approved from among the bidders, and proceed to build such section of road according to such plan and specifications, and such owners or owner shall have control of the expenditure of the moneys used to make such improvement, subject to the approval of the supervisor of such county; and, upon the completion of the improvement to the satisfaction of the said supervisor and said board of chosen freeholders, and upon the submission to said board of receipts, showing full payment for materials furnished and work done under the plan and specifications, such section of road so improved shall be thereafter a county road; and the said supervisor shall be paid by the aforesaid owners or owner the sum of ten dollars for making the plan, the sum of five dollars for drawing the specifications, and the sum of five dollars for the supervision of the work, and, in case such supervisor is not a civil engineer and an actual survey is necessary, then such owners or owner, at their or his expense, shall procure a survey which shall be subject to the approval of such supervision which survey shall take place of the plan before mentioned. 19. And be it enacted, That the act entitled "An act to provide for the more permanent improvement of the public roads of this state," approved the fourteenth day of April, one thousand eight hundred and ninety-one, and all the acts supplementary thereto, and amendatory thereof, be and the same are hereby repealed; provided, however, that this section shall not cause any proceedings for the improvement of any public road or section thereof under the provisions of the act hereby repealed to abate, but such proceedings may be continued under the provisions of this act in the same manner as if they had been commenced hereunder. 20. And be it enacted, That this act shall take effect immediately. Approved 22, 1895.

CHAPTER CCLV. An Act for the protection of certain kinds of birds, game and fish and to provide a procedure to recover penalties for the violation hereof. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey , That it shall be unlawful for any person or persons at any time, either on their own property or that of others, to pursue with intent to kill or injure, or in any manner attempt to take or injure, any hare or rabbit, quail (frequently called partridge), ruffed grouse (frequently called partridge or pheasant), European pheasant, European partridge, European grouse, wild deer, buck, doe or fawn, gray snipe (frequently called English or Wilson snipe), duck, brant, goose, dove, swan, gray, black or fox squirrel, woodcock, reed bird, rail bird, marsh hen, grass or upland plover, or other game bird or game animal, excepting in the manner usually known as hunting with gun or with dog and gun, the gun being such as may be held at arm's length and fired from the shoulder without other rests, and at such times as may be permitted in this act, under a penalty of fifty dollars. 2. And be it enacted, That it shall be unlawful for any person or persons at any time to capture, kill, destroy or injure any of the birds or other animals enumerated in the first section of this act, excepting in the manner usually known as hunting with gun or with dog and gun, said gun being such as may be held at arm's length and fired from the shoulder without other rests, and at such time as may be permitted in this act, under a penalty of twenty dollars for each bird or other animal captured, killed, injured or destroyed. 3. And be it enacted, That it shall be unlawful to take, kill, injure or destroy or have unlawfully in possession any wild deer, buck, doe or fawn, excepting only between the twenty-fifth day of October and the fifth day of November, inclusive, in each and every year, under a penalty of one hundred dollars for each and every deer, buck, doe or fawn so taken, killed, injured or had unlawfully in possession. 4. And be it enacted, That for the purpose of this section there shall be two game districts in this state, to be known as the "northern game district" and the "southern game disttrict;" the northern game district shall comprise the counties of Sussex, Warren, Hunterdon, Somerset, Morris, Passaic, Bergen, Hudson, Essex, Middlesex and Mercer; the southern game district shall comprise all the other counties of this state; it shall be unlawful to capture, kill or injure or have unlawfully in possession, any hare, rabbit, qual (frequently called partridge), ruffed grouse (frequently called partridge or pheasant), grey, black or fox squirrel, European pheasant, European partridge, European grouse, or woodcock, in the northern game district except only between the twenty-fifth day of October and the tenth day of December, inclusive, in each and every year, under a penalty of twenty dollars for each bird or other animal enumerated so captured, killed, injured or had unlawfully in possession; it shall be unlawful to capture, kill or injure or have unlawfully in possession any hare, rabbit, quail (frequently called partridge), ruffed grouse (frequently called partridge or pheasant), gray, black or fox squirrel, European pheasant, European partridge, European grouse or woodcock in the southern game district except only between the fifteenth day of November and the first day of January, inclusive, in each and every year under a penalty of twenty dollars for each bird or other animal enumerated so captured, killed, injured or had unlawfully in possession. 5. And be it enacted, That it shall be unlawful to capture, kill, injure or have unlawfully in possession any gray snipe (commonly called European or Wilson snipe), except only during the months of March and April, and also between the thirty-first day of August and the fifteenth day of December, inclusive, in each and every year, and reed bird, rail bird or marsh hen, excepting only between the twenty-fifth day of August and the fifteenth day of December, inclusive, in each and every year, under a penalty of twenty dollars for each bird so captured, killed, injured or had unlawfully in possession. 6. And be it enacted, That it shall be unlawful to capture, kill, injure or have unlawfully in possession any grass or upland plover or dove excepting only between the first day of November and the fifteenth day of December, inclusive in each and every year, under a penalty of twenty dollars for each bird so captured, killed, injured or had unlawfully in possession. 7. And be it enacted, That it shall be unlawful to capture, kill or injure or to have in possession after the same have been captured, killed or injured, any night hawk, whip-poor will, thrush, meadow lark, finch, martin, barn swallow, woodpecker, robin, oriole, red or cardinal bird, cedar bird, ranger, or other insectivorous bird, under a penalty of twenty dollars for every bird so captured, killed, injured or had in possession; provided, that nothing in this section shall be construed as to prevent the taking or killing of English sparrows, cranes, hawks, crows, ravens, crow-blackbirds, kingfishers or red winged blackbirds. 8. And be it enacted, That it shall be unlawful to rob or destroy the eggs or nests of any wild bird whatever, under a penalty of twenty dollars for each and every nest so robbed or destroyed. 9. And be it enacted, That it shall be unlawful for any person or persons hunting or gunning after geese, duck or brant or other web-footed wild fowl to place the boat or sink-box or other moving vessel in which he lies in wait to kill said geese, duck, brant or other web-footed wild fowl, at a distance of more than one hundred feet from ice or from marsh or meadow, bar or bank or heaped seaweed not covered with water at high tide, the said boat or other floating vessel to be attached to said marsh or meadow by a line; and it shall be unlawful for any person or persons, with intent to capture or kill geese, duck, brant or other web-footed wild fowl to hunt after or pursue them in any manner, excepting between one hour before sunrise and one hour after sunset, and every person or persons offending against the provisions of this section shall for each and every offense forfeit and pay the sum of twenty-five dollars. 10. And be it enacted, That it shall be unlawful for any person or persons to pursue any goose, brant, duck or other web-footed wild fowl with, or to shoot or shoot at the same from any boat or vessel propelled by any means excepting oars or paddles, or from any boat, vessel or similar structure anchored and staked upon the waters of this state at a greater distance than one hundred feet from ice, marsh or meadow, bar or bank, or heaped seaweed, not covered with water at high tide, under a penalty of twenty dollars for each and every offense. 11. And be it enacted, That it shall be unlawful to catch, kill or injure, or to have unlawfully in possession after the same has been caught, killed or injured any goose, duck, brant or other web-footed wild fowl, excepting only between the thirtieth day of September and the first day of May, inclusive, in each and every year, under a penalty of twenty dollars for every year, under a penalty of twenty dollars for ever goose, duck, brant or other web-footed wild fowls caught, killed, injured or had unlawfully in possession. 12. And be it enacted, That it shall be unlawful for any person or persons to capture, kill, injure or destroy or pursue with such intent any of the game birds or other animals enumerated in this act on his or her own property or on the property of any other person or persons, excepting during the season and at such times and in such manner as provided in this act, and and [sic] person or persons so doing shall be liable to the penalties provided for by said act in violation thereof. 13. And be it enacted, That it shall be unlawful to have in possession, sell or offer for sale any rabbit, quail (frequently called partridge), ruffed grouse (frequently called partridge or pheasant), English pheasant, English partridge, English grouse, woodcock, reed bird, rail bird, grass or upland plover, marsh hen, duck or any other of the game birds or animals herein enumerated, after the same has been caught or trapped by means of any snare, snood, trap or device of any description whatsoever, under a penalty of twenty dollars for each and every bird and other animal so had unlawfully in possession, sold or exposed for sale. 14. And be it enacted, That it shall be unlawful to have in possession, sell, offer or expose for sale any of the game birds or animals herein enumerated excepting only in the seasons hereinbefore provided during which said game bird or animals may be lawfully hunted and killed, and within ten days thereafter, under penalty of twenty dollars for each and every bird or other animal enumerated so had unlawfully in possession, sold, offered or exposed for sale. 15. And be it enacted, That it shall be unlawful to hunt with a gun, or with a dog, or with any firearms or weapons, or to carry a gun in the fields or in the woods on the Sabbath day (commonly called Sunday), under a penalty of twenty dollars for each and every offense. 16. And be it enacted, That nothing in this act shall be construed to prevent associations or individuals from domesticating or bringing into this state any animals or birds for the purpose of propagating the same or keeping the same until a seasonable opportunity offers for their release. 17. And be it enacted, That it shall be unlawful for any person or persons at any time to take or attempt to take any fish from the waters, excepting the tide waters, of this state by any means or any contrivance whatsoever, excepting hook, rod and line used in the manner commonly known as angling, under a penalty of fifty dollars for each offense; provided, however, that this provision shall not apply to the catching or eels by means of a wicker eel-basket or pot and eel-weir between the fifteenth day of September and the first day of November, said weir to be so constructed as not to prevent the migration of fish during the closed season, nor to the spearing of eels, suckers and carp, the taking of minnows for bait with a seine not over twenty-five feet in length during the whole year; provided, that the young of trout, pickerel, bass and pike are not injured thereby and the taking of fish under the direction of the fish commission of the state; provided, that this section shall not apply to any salt or brackish waters of this state. 18. And be it enacted, That it shall be unlawful to catch, kill, injure or have in possession any black bass, Oswego bass, except only between and including the thirtieth day of May and the first day of December in any year, under a penalty of twenty dollars for each fish so caught, killed, taken or had unlawfully in possession. 19. And be it enacted, That it shall be unlawful to catch, kill, take or have in possession any brook trout, excepting only between and including the first day of April and the fifteenth day of July in each year under a penalty of twenty dollars for each fish so caught, killed, taken or had unlawfully in possession. 20. And be it enacted, That it shall be unlawful for any person or persons at any time to kill, sell, expose for sale or have in possession any black bass measuring less than nine inches in length, or any trout measuring less than six inches in length, except for the use of stocking waters of this state therewith, and on license, in writing [first obtained for that purpose, under the hand and seal of the fish and game commissioners of this state], under a penalty of twenty dollars for each fish so killed, sold, exposed for sale or had unlawfully in possession. 21. And be it enacted, That it shall be unlawful to place in any pond, lake, river, stream or in any of the waters of this state any dynamite, plant or electric power or any explosive substance whatever, or any drug or medicated bait, for the purpose of taking or killing fish, under a penalty of not less than one hundred dollars not more than five hundred dollars for each and every offense, at the discretion of the justice of the peace, police magistrate or district court before whom said conviction is had. 22. And be it enacted, That no person or persons, company, corporation or association shall allow any dye stuff, coal tar, sawdust, shavings, tanbark, lime, refuse from gas-houses or other deleterious or poisonous substance to be turned or allowed to run into any of the waters of this state in quantities destructive of the life of or disturbing the habits of fish inhabiting the same, under a penalty of not less than one hundred dollars or more than five hundred dollars for each and every offense, at the discretion of the justice of the peace, police magistrate or district court before whom such conviction is had. 23. And be it enacted, That it shall be unlawful to shut off or draw off the water of any pond, stream or lake in this state for the purpose of taking, capturing or killing of the fish therein, under a penalty of not less than twenty-five dollars nor more than two hundred and fifty dollars for each and every offense, at the discretion of the justice of the peace, police magistrate or district court before whom such conviction is had. 24. And be it enacted, That it shall be unlawful to put, place or maintain by any of the fresh waters of this state inhabited by pickerel, black bass, perch or trout, any set line or set lines, or to put or use in any such waters any line or lines not under the constant and immediate supervision of the person so placing or using such line or lines, under a penalty of twenty-five dollars for each offense. 25. And be it enacted, That it shall be unlawful to catch, kill, take or have in possession any pickerel between the twentieth day of February and the first day of May in any year, under a penalty of ten dollars for each fish so caught, killed, taken or had unlawfully in possession. 26. And be it enacted, That it shall be unlawful to take or attempt to take, pickerel, pike or perch through the ice, excepting below the tide waters in this state, except by the use of a single line or single lines, with a single hook on said line or each of said lines, under a penalty of twenty dollars. 27. And be it enacted, That it shall be unlawful to take or catch with hook, line and rod or with spoon and scroll in the manner usually known as angling or trolling, or in any other manner, from any large pond or stream any fish of the kind with which such lake, pond or stream of this state is or may hereafter be first or originally stocked by the fish and game commissioners of this state or by private individuals, for three years from the time such stock fish are introduced into such lake, pond or stream, under a penalty of twenty-five dollars for each fish so caught or taken; provided, however, the fish and game commissioners shall have posted at least ten notices to such effect at equal distances, as near as they may be, on the banks or shores of such waters. 28. And be it enacted, That it shall be unlawful for any person or persons to enter or trespass on any land for the purpose of taking fish from any private pond, stream or spring after the owner, lessee or rightful occupant of such lake, pond, stream or spring, shall have posted or caused to be posted in prominent places on such land, adjacent to such pond, stream or spring, at least ten legibly written or printed notices forbidding such trespassing on said land for the purpose of taking fish from such pond, stream or spring, under a penalty of twenty-five dollars for each and every such offense. 29. And be it enacted, That the term "waters of this state" for the purposes of this act shall be construed to mean all waters within this state where the tide does not ebb and flow; provided, that all waters under the exclusive control of individuals or associations, credited and stocked exclusively at the expense of such individuals or associations, and not runways for migratory fish shall be considered private waters and be exempt from the provisions of this act, as far as such individual and the members of such association shall be concerned. 30. And be it enacted, That it shall be unlawful for any owner, lessee or tenant of any property knowingly to permit the erection or maintenance on his, her or their property of any of the contrivances for the unlawful taking of game and fish prohibited by the provisions of this act, or to permit the setting of a fyke or other net or the drawing of any net whatsoever from the banks of any stream which may form a boundary line for said property, under a penalty of twenty-five dollars for each offense, and it is hereby made the duty of such owner, lessee or tenant to immediately destroy any and all such unlawful contrivances. 31. And be it enacted, That it shall be unlawful at all times to remove or attempt to remove from this state any of the birds, game or fish whose capture is prohibited or for which a close season is provided by any provision of this act; provided, however, that this section shall not apply to birds, game or fish in possession of the person who may have lawfully captured the same during such permits as the provisions of this act make lawful for such capture, and that such removal shall not take place excepting within such periods; and provided, that this act shall not apply to common carriers, carrying from beyond the confines of this state in unbroken packages to some other point beyond the confines of this state any such birds, game or fish; any person or persons or corporation found guilty of a violation of this section shall be punished by a fine of twenty dollars for each bird, game or fish so removed or attempted to be removed. 32. And be it enacted, That hereafter justices of the peace, district courts and police magistrates shall have jurisdiction to try and punish any person or persons accused of violating any of the provisions of this act, and all the different penalties in this act prescribed for the violation thereof may be enforced and recovered before any justice of the peace, district court or police magistrate either in the county where the offense is committed or where the offender is first apprehended or where he may reside.

33.And be it enacted, That such justice of the peace, district court or police magistrate upon receiving proof by affidavit or affidavits of one or more persons of the violation of any of the provisions of this act, is hereby authorized and required, unless the accused is then before him, to issue a warrant, under the hand and seal of said justice or police magistrate, or under the seal of such district court, as the case may be, directed to any constable, police officer, fish and game warden of the county, or the fish and game protector of the state, to cause such person or persons to be arrested and brought before such justice, district court or police magistrate, and shall thereupon, in a summary way, hear and determine the guilt or innocence of the person or persons so charged, and upon conviction of any such person or persons upon such hearing, the said justice, district court or police magistrate is hereby authorized and required to impose upon the offender and offenders so convicted the penalty or penalties prescribed, together with the costs of prosecution for such offense, and if any person or persons shall fail to pay the penalty or penalties so imposed, together with the costs of prosecution, the said justice, district court or police magistrate is hereby authorized and required to commit such offender to the common jail of the county for a period of not more than ninety days or until said penalty and costs are paid. 34. And be it enacted, That for the violation of any of the sections of this act done in view of any constable, police officer, fish and game warden or game and fish protector, or any officer or detective of any incorporated game protective society, such officer is hereby authorized, without warrant, to arrest the offender or offenders, and to carry him or them before a justice of the peace, police magistrate or district court of the county where such arrest is made; and the justice, district court or police magistrate before whom such offender shall be taken shall have jurisdiction of the case, and is hereby authorized and required summarily to hear and determine the same after receiving from the said officer an affidavit in writing of the commission of the offense for which the person or persons was or were arrested. 35. And be it enacted, That in all actions commenced for violation of this act, the prevailing party shall recover costs against the other; the same fees and costs shall be allowed therein as in trial before justice of the peace holding court for the trial of small causes. 36. And be it enacted, That any case begun under this act may be for good cause shown adjourned by the justice, district court or police magistrate not exceeding thirty days from date of arrest of the defendant, but in such case it shall be the duty of the justice, district court or police magistrate to retain the defendant in custody, unless he shall enter into bond unto the person making the complaint with at least one sufficient surety in double the amount of the penalty prescribed for the offense complained of, conditioned for his appearance at the adjourned day of trial, and thence from day to day until until the case is disposed of, and then to abide by the judgment of the justice, district court or police magistrate, or otherwise to demand and perfect an appeal to the court of common pleas of the county within ten days after rendering final judgment; and such bond, it forfeited, may be prosecuted in the name of the person making the complaint in any court of competent jurisdiction; all sums of money recovered for the violation of this act or the forfeiture of such bonds shall be paid, one-third to the person making the complaint, one-third to the game and fish commissioners and one-third to the person or persons furnishing the evidence necessary to secure conviction. 37. And be it enacted, That any party to any proceeding instituted under this act may appeal from the judgment or sentence of the justice, district court of police magistrate to the court of common pleas of the county in which the said trial shall take place; provided, that the party appealing shall, within ten days from the rendering of judgment serve a written notice of appeal upon the person making the complaint and pay the costs adjudged against him, and deliver to the justice, district court or police magistrate a bond to the opposite party in double the amount of the penalty imposed, with at least one sufficient surety, conditioned to prosecute the appeal, and to stand to and abide by such order or judgment of the court as may be made against him in the premises. 38. And be it enacted, That whenever an appeal shall be taken as aforesaid it shall be the duty of the justice, district court or police magistrate to send all the papers in the case to the next court of common pleas of the said county, which court shall receive and try and determine all such appeals in the same way and manner that appeals from the courts for the trial of small causes, where no jury has been had below, are now tried and determined in that court, except that on the trial of such appeals no notice of the production of any new evidence on behalf of either party shall be required. 39. And be it enacted, That in cases under this act no state of demand or other pleading shall be required, but the preliminary affidavit shall specify the section of this act claimed to have been violated. 40. And be it enacted, That the duly appointed fish and game protector and fish and game wardens of this state shall have the same power and be entitled to the same fees for the service of process in cases instituted under this act that constables have and are entitled to receive in the courts for the trial of small causes. 41. And be it enacted, That no person shall be excused from giving evidence in any action or proceedings taken or had under this act on the ground that the evidence might tend to convict such witness or to establish the liability of such witness under any provisions thereof, but such evidence shall not be received against such witness to recover any of the penalties mentioned in this act. 42. And be it enacted, That when any fish or game warden, or the fish and game protector, or any of the fish and game commissioners, has reason to believe and does believe that any fish and game mentioned in this act are concealed in any house or houses, or in any other place or places during any of the periods aforesaid during which it is unlawful to have such fish or game in possession, any such fish and game warden, or the fish and game protector, or fish and game commissioner, may go before any justice of the peace of the county, or any district court, or police magistrate, in any city wherein such offense may be or has been committed, and make complaint thereof under oath; and that thereupon it shall beb the duty of such justice of the peace, or district court, or police magistrate as aforesaid, before whom any such complaint shall be made as aforesaid, thereupon to issue a process in the nature of a search warrant directed to any constable, police officer, fish and game warden of the county, or the fish and game protector of the state, which shall recite such complaint as aforesaid, and shall command such constable, police officer, fish and game warden of the county, or the fish and game protector of the state, to immediately search the premises, place or places mentioned in said complaint; and if upon such search any such fish or game as mentioned in said complaint be found, bring the same, together with the body of the person in whose possession they may be found, before such justice of the peace, or district court, or police magistrate; and that when any such person as aforesaid shall be brought before any justice of the peace, or such other magistrate, upon a process issued as aforesaid, such justice or other magistrate shall proceed as directed by the other sections of this act in cases where an arrest of some one having fish or game unconcealed and unlawfully in possession has been made. 43. And be it enacted, That if any person or persons shall be found making use of any boat or boats, vessel or vessels, or of any seine, gill, drift, anchor or sink-nets, fixed-nets, trap, pot, pound, set-line fyke, wire or other apparatus for the unlawful taking of fish in any waters within the jurisdiction of this state, contrary to the intent and meaning of this act, he, she or they shall, in addition to the penalties prescribed, forefeit the boat or boats, vessel or vessels, seine or seines, net or nets, gill or gills, drift or drifts, draw-net or nets, fyke or fykes, trap or traps, pot or pots, pound or pounds, weir or weirs, set-line or lines or other apparatus so unlawfully used; and it shall be the duty of all constables, sheriffs, fish and game protectors or fish and game wardens, or it may be lawful for any other person or persons, to seize and secure any of the aforesaid apparatus, and immediately thereafter give notice to some justice of the peace, district court or other magistrate of the county where said seizure shall have been made, and said justice of the peace, district court or other magistrate is hereby required and authorized at such times and places as he shall appoint to hear and determine in a summary manner whether the same was unlawfully used, and if it shall appear to his satisfaction that the same was used unlawfully, to make an order directing that the same be declared confiscated and forefeited to the use of the game and fish commissioners of this state, who may dispose of the same at their discretion. 44. And be it enacted, That any judgment obtained under the provisions of this act against a corporation may be docketed in the office of the clerk of the circuit court for the county in which said judgment was obtained, and the sheriff of the county is authorized and directed to proceed to the collection of the judgment as if said judgment had been rendered in the circuit court.

45. And be it enacted, That proceedings under the provisions of this act may be instituted on any day of the week, and the institution of such proceedings on a Sunday shall be no bar to the successful prosecution of the same and any process served on Sunday shall be as valid and effectual as if served on any other day of the week. 46. And be it enacted, That all proceedings for the recovery of penalties imposed by the provisions of this act shall be entitled and shall run in the name of the state of New Jersey, and one of the fish and game wardens of the state prosecutor, and no proceedings shall be instituted by any person not a duly commissioned fish and game warden or an officer or detective of any incorporated game protector society or fish and game protector of the state without the direction of the fish and game warden appointed for or authorized to act in the county in which said proceedings shall be begun. 47. And be it enacted, That in all cases where a person shall be convicted a second time, either in the court where the first conviction was had or in the court where the second conviction is had, double the penalty prescribed shall be imposed for the second conviction, and it is hereby made the duty of every complainant under the provisions of this act who has reason to believe that the accused has been previously convicted of a violation of this act to lay such information before the justice, court or magistrate and adduce such proof in support of the same as may be obtainable. 48. And be it enacted, That an act entitled "An act concerning trespassing on private lands," approved April twelfth, one thousand eight hundred and ninety-four; "An act for the protection of certain kinds of birds, animals and fish and to provide a procedure to recover penalties for the violation hereof," approved February twenty-eighth, one thousand eight hundred and ninety-three (except sections forty-five to fifty-six inclusive of said act), and the various supplements thereto, approved April twenty-sixth, one thousand eight hundred and ninety-four, and May twenty-second, one thousand eight hundred and ninety-four, and all other acts or parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed; provided, that such repealer shall not be taken or construed to prevent any prosecutions now pending or which may hereafter be begun for the violation heretofore of any setion of such repealed laws, and upon conviction of such violations the same penalties shall be enforced in the same manner as though the laws had not been repealed. 49. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLIII. A Supplement to an act entitled "An act to establish a system of public instruction" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That each assessor shall include in the next assessment made by him one fifth of the total value of all the school property situated within his taxing district, as appraised as now provided by law, and there shall be remitted to the taxpayers of each school district, as said district existed on the thirtieth day of June last, one-fifth of the appraised value of the school property belonging to said school district, and yearly thereafter one-fifth of the value of said property, so appraised as aforesaid, shall be so assessed and remitted until the total appraised value of said property has been remitted; provided, that in case a district lay in two or more townships or boroughs or in a tow ship and borough, the amount ascertained as due that portion of the district lying in the township or borough which does not contain the school house, shall be paid over by the collector of the township or borough in which said property is situated, to the collector of the township or borough in which is situated that portion of the district which does not contain the school-house, and the moneys thus paid over shall be used for the repair or improvement of the school property of said township or borough. 2. And be it enacted, That for making said appraisement the assessor shall be paid such compensation as shall be determined by the township committee or borough council, and the collector shall receive such compensation for the performance of the duties imposed on him by this act as said committee or council shall allow, and the compensation to said assessor and collector shall be paid from the funds of the township or borough. 3. And be it enacted, That this act shall not apply to any district whose boundaries have not been changed since the thirtieth day of June last, and that in said districts an appraisement shall be made. 4. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLXXXII. An Act concurring in an act passed by the general assembly of the commonwealth of Pennsylvania, approved March fourteenth, anno domini one thousand eight hundred and sixty-seven, entitled "An act to authorize the owners of certain mills on the Delaware river at Morrisville to extend their wing-dams." Whereas, The general assembly of the commonwealth of Pennsylvania passed a certain act, approved March fourteenth, anno domini one thousand eight hundred and sixty-seven, the title and the act being as follows:

"An act to authorize the owner of certain mills on the Delaware river at Morrisville to extend their wing-dam. "Whereas, Adam Hoops erected certain mills upon an arm of the Delaware river between an island and the main shore at Morrisville, in Bucks county, and for the purpose of supplying the same with water constructed a wing-dam extending up the river from head of said island, the right to the continuance of which and of taking water from the river for the use of said mills was recognized and confirmed by the general assembly of Pennsylvania, in one thousand seven hundred and seventy-one; and "Whereas, By the construction of canals and water works tapping the river above said dam, the flow of water into said dam has been much obstructed and diminished and the value of said mills impaired; therefore,

"Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, that David W. Kelly, Andrew K. Rowan, William C. Vansant and Joakim R. Moon, the present owners of said mills, their heirs and assigns, are hereby authorized to extend the said wing-dam up the stream to the distance of seven hundred and thirty-five feet from the head of the present dam; provided, that the head of said wing-dam does not extend into said river beyond the distance of five hundred and fifty feet from the Pennsylvania shore, and that nothing herein contained shall authorize any construction that will interfere with the channel of said river;" therefore,

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the above act be and the same is hereby concurred in. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLIV. An Act to prevent deception in the sale of cakes and biscuits and to ensure the public health. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That no person by himself or his agents or servants nor as an agent or servant shall manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell, any cakes or biscuits on which yolks, yolkaline, tumeric, chronic yellow or any other substitute for eggs of like nature has been used, except there be displayed in a public manner on the package in which such cakes and biscuits are carried, or on the place, receptable or holder in which such articles are placed for sale, a label, show card or sign, on which shall be printed in letters of the English language at least three inches high and one and one-half inches wide the words, "these cakes and biscuits are colored with an artificial substitute for eggs." 2. And be it enacted, That any person or persons who shall violate any of the provisions of this act shall forfeit and pay a penalty of one hundred dollars for the first offense, and two hundred dollars for each subsequent offense, to be recovered in an action of debt by any person who may sue for the same, one-half of said penalty to go to the person so suing and one-half for the use of municipality where such offense is committed. 3. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

A boy does not always get much comfort out of his first cigar, but he gets a heap of experience.