CHAPTER CLXXXVI. An Act to amend an act entitled "An act providing for the formation, establishment and government of towns," approved March seventh, one thousand eight hundred and ninety-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section eleven of an act entitled "An act providing for the formation, establishment and government of towns," approved March seventh, one thousand eight hundred and ninety-five, be and the same hereby is amended so as to read as follows: 11. And be it enacted, That the annual town election shall be held on the second Tuesday in April in each year between the hours of six o'clock in the morning and seven in the afternoon, at the place or places in each ward designated by the council; notice of the time and place or places of such election and of the officers to be chosen shall be given by the town clerk at least two weeks before the day of election, by publication in at least one newspaper published in the county in which the town is situated and generally circulating in the town; no person shall be permitted to vote at any such election unless he is an actual resident of the election district in which he offers his vote; immediately after the polls shall be closed at any such election the election officers of each election district shall count the votes given for the several candidates, and certify under their hands the number given for each, and publicly announce the same; and within twenty-four hours thereafter they shall immediately deliver one such statement to the judge or inspector, who shall be delegated to attend the meeting of the board of canvassers, and one to the town clerk, and one to the county clerk, to be by them filed in their respective offices. 2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CXCII. An Act to enable certain municipal corporations of this state to fix the compensation of their recorder. 1. Be it enacted by the Senate and General Assembly in the State of New Jersey, That it shall and may be lawful for the common council, board of council or other municipal governing bodies of any incorporated town having a population according to the last census of not less than ten thousand, in counties of the first class of this state, incorporated or existing under and by virtue of any special act of incorporation and supplements therein, to fix the salary of its recorder; provided that the sum so fixed shall not exceed eight hundred dollars. 2. And be it enacted, That all acts and parts of acts, whether general, special or local, inconsistent herewith are hereby repealed. 3. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCVII. An Act concerning the terms of certain officers of certain cities of the second class. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the second class in this state having a population of less than thirty-five thousand, where the charter of such city shall provide for the election or appointment of certain officers of such city by the common council, board of aldermen or other legislative body thereof, it shall be unlawful for such common council, board of aldermen or other legislative body to elect or appoint any such officer for a longer term than the length of the term for which the members of said common council board of aldermen or other legislative body are themselves elected. 2. And be it enacted, That this act shall take effect immediately. Approved March 21, 1895.

CHAPTER CLXXXIX. An Act to amend an act entitled "An act to regulate the practice of pharmacy in the state of New Jersey," approved April fifth, one thousand eight hundred and eighty-six. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the act entitled "An act to regulate the practice of pharmacy in the state of New Jersey," approved April fifth, one thousand eight hundred and eighty-six, be amended so as to read as follows:

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That from and after the passage of this act it shall not be lawful for any person not a registered pharmacist, within the meaning of this act, to conduct any store or pharmacy for retailing, dispensing or compounding drugs, medicines or poisons, or for anyone not a registered pharmacist or qualified assistant tot prepare and dispense physicians' prescriptions, or to retail or dispense medicines or poisons, except under the immediate supervision of a registered pharmacist. 2. And be it enacted, That on or before the first day of June next the New Jersey pharmaceutical association shall submit to the governor the names of fifteen pharmacists doing business within this state, from which number the governor shall appoint five persons, who shall constitute the board of pharmacy of the state of New Jersey, and who shall hold office for the term of one, two, three, four and five years, as designated in their respective appointments, and until their successors shall have been appointed and qualified; the New Jersey pharmaceutical association shall annually thereafter nominate to the governor five pharmacists, of whom the governor shall appoint one to fill the vacancy annually occurring in the said board, who shall hold office for five years and until his successor shall have been appointed and qualified; any vacancy occurring in said board shall be filled by governor for the unexpired term from among the persons last nominated to him; each person as appointed shall, within thirty days after appointment, take and subscribe an oath, before any officer authorized to administer oaths in the state, that he will faithfully and impartially discharge the duties prescribed by this act.

3. And be it enacted, That the board of pharmacy shall organize by electing a president, a secretary and a treasurer, and shall have power to make by-laws and rules for the proper fulfillment of its duties under this act; it shall meet on the third Thursday of January, April, July and October in the city of Trenton, and at such other places and dates as may be required; it shall examine into all applications for registration and grant certificates of registration to all persons whom it shall judge on examination, to be properly qualified to practice pharmacy; it shall keep a book of registration, in which shall be entered the names and places of business of all persons registered under this act, and shall also keep a book of record of all its official transactions, which book shall be legal evidence of such transactions in any court of law; it shall have power to examine into all cases of alleged abuse, fraud and incompetence, cause the prosecution of all persons not complying with the provisions of this act, and suspend and revoke the registration of any persons legally convicted of violating the same, or of any persons addicted to chronic and persistent inebriety, or of any person convicted of a crime involving moral turpitude; it shall annually report to the governor and to the president of the New Jersey pharmaceutical association upon the condition of pharmacy in the state, which report shall embrace a detailed statement of the receipts and expenditures of the board; the members of such board shall receive the sum of five dollars for each day actually engaged in this service, to be paid from the fees and penalties collected under the provisions of this act, and all moneys thus collected by said board in excess of said per diem allowances and of the necessary expenses of said board, shall be paid to the treasurer of the New Jersey pharmaceutical association at its annual meeting; three members of the board shall constitute a quorum. 4. And be it enacted, That every person applying for registration as pharmacist under this act shall not be less than twenty-one years of age and shall furnish satisfactory evidence that he has had at least four years' experience in the practice of pharmacy and pay to the secretary of the board of pharmacy a fee of ten dollars, and upon passing an examination satisfactory to said board, he shall receive from said board a certificate of registration; in case of failure to pass a satisfactory examination, the applicant shall be granted a second examination (without the payment of another fee) at any time within one year from his first examination; and that the board of pharmacy shall grant an assistant's certificate to any person not less than eighteen years of age, who shall have had three years' practical experience in pharmacies where prescriptions have been annually compounded, and shall have passed a satisfactory examination before said board of pharmacy; which certificate shall entitle such person to all the privileges of a registered pharmacist during the temporary absence of his employer, and shall not entitle such assistant to engage in business on his own account or as manager to conduct a pharmacy; every person applying for an assistant's certificate shall pay to the secretary of the board of pharmacy a fee of five dollars before examination; in case of failure to pass a satisfactory examination the applicant shall be granted a second examination without the payment of another fee at any time within one year from his first examination; every pharmacist owning or conducting a pharmacy or store shall conspicuously display his certificate of registration in said pharmacy or store, and any failure to do so shall be prima facie evidence that such person is not a registered pharmacist; and every registered pharmacist and every registered assistant who desires to continue the practice of his profession shall once in three years during the time he shall continue such practice on such date as the board of pharmacy shall prescribe, pay to the secretary of the board a registration renewal fee of fifty cents, in return for which he shall receive a renewal of his registration. 5. And be it enacted, That any person who shall procure or attempt to procure registration for himself or any other person under this act, by making or causing to be made any false representations, or fraudulently represent himself to be registered, or shall adulterate or sell any adulterated drug, medicine or chemical, or who shall otherwise violate the provisions of this act (except section six), shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be liable to a penalty of not less than fifty or more than one hundred dollars, and for every subsequent offense or offenses a like fine or both, at the discretion of the court. 6. And be it enacted, That it shall not be lawful for any person to retail or dispense any of the poisons enumerated in schedule A appended to this section or any other substance commonly recognized as a deadly poison, without distinctly labelling with a red label the bottle, box, vessel or wrapper in which such poison is contained with the name of the article, the word "poison" and the name and place of business of the dispenser, nor without being satisfied that the purchaser is aware of its poisonous nature and intends to use it for a legitimate purpose; any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and for every such omission shall be liable to a fine of not less than ten dollars; and any person who shall give a fictitious name, or who shall make any false representations to the seller when buying any of the poisons thus enumerated, shall be deemed guilty of a misdemeanor and be liable to a fine of not less than ten dollars; the special provisions of this act shall not apply to the sale of such poisons as are used in the arts, agriculture or in manufacturing, to persons known to be engaged in such pursuits, nor to the dispensing of poisons upon the prescription of a practicing physician.

SCHEDULE A. Arsenic and its compounds or chemical derivatives; corrosive sublimate and other poisonous derivatives of mercury; phosphorus and its poisonous derivatives; prussic acid and its poisonous derivatives; tartrate of antimony; essential oil of bitter almonds; oils of tansy, savin or croton; chloroform, chloral-hydrate, aconite, belladonna, conium, cantharides, digitalis, hyoscyamus, nux vomica, Indian hemp, veratrum viride, yellow jessamine, opium, their alkaloids or other preparations (except paregoric and other preparations of opium having less than two grains to the ounce); ergot, savin, cotton-root and their preparations.

7. And be it enacted, That any person or persons who shall establish or conduct any pharmacy for the retailing, dispensing or compounding of drugs, medicines, physicians' prescriptions or poisons not being a duly registered pharmacist of this state, or shall engage as clerk or assistant in said store or pharmacy, and retailing, dispensing or compounding drugs, medicines, poisons or physicians' prescriptions, not having first obtained a certificate of registration as a pharmacist or assistant in accordance with the provisions of this act; or being a duly registered pharmacist or assistant, shall violate any of the provisions of the next preceding section, or shall adulterate or sell any adulterated drug, medicine or chemical; or any person who shall procure, or attempt to procure registration for himself or any other person under this act, by making or causing to be made any false representations, or fraudulently represent himself to be registered in accordance with the provisions of this act, shall forfeit and pay such sum not to exceed one hundred dollars, together with costs, as the court shall determine, to be sued for and recovered in an action of debt, with costs of suit, by any person or persons, in the name of the board of pharmacy of the state of New Jersey, before any justice of the peace, district court or police magistrate in the county where the offense or offenses were committed, one-half thereof to the person or persons who shall sue therefor and one-half to the board of pharmacy of the state of New Jersey. 8. And be it enacted, That nothing in this act shall be construed to apply to or in any manner interfere with the strictly professional pursuits of any physician, nor with the making or vending of non-poisonous patent or proprietary medicines, nor with the sale of simple non-poisonous domestic remedies by retail dealers in rural districts, nor with the ownership of any pharmacy or store in part of whole by any person not a registered pharmacist; provided, such pharmacy or store be at all times in charge of a registered pharmacist; and any person holding a certificate of registration granted under any former act, shall be considered a registered pharmacist within the meaning of this act. 9. And be it enacted, That each and every fine imposed under the provisions of this act shall be paid to the treasurer of the board of pharmacy. 10. And be it enacted, That this act shall be a public act and shall take effect immediately, and that all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed. Approved March 20, 1895.

CHAPTER CXCIII. A Supplement to an act entitled "An act respecting conveyances," approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That every acknowledgment or proof of any deed or conveyance of lands, tenements or hereditaments lying and being in this state, heretofore made by any grantor or witness thereto, before or by any officers in some other state in the union or territory thereof, authorized at the time of such proof or acknowledgment by laws of the state or territory wherein such proof of acknowledgment was made or taken, to take the proofs and acknowledgments of deeds or conveyances of lands, tenements or hereditaments lying or being in such state or territory, shall be good, valid and effectual in law and the record of said deed admissible in evidence and effectual in law for all purposes notwithstanding the certificate accompanying such acknowledgment or proof under the great seal of such state or territory, or under the seal of a court of record of the county in which it was made, does not certify that the officer before whom such proof or acknowledgment was made was, at the time of the taking thereof, authorized by the laws of such state or territory to take the acknowledgments and proofs of deeds or conveyances for lands, tenements or hereditaments in such state or territory; provided, such certificate and such acknowledgment or proof and the certificate thereof, in all other respects conforms to the laws of this state. 2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CXCVIII. An Act to amend an act entitled "An act to enable second-class cities in this state to improve and extend the water supply in said cities and to issue bonds for the payment thereof," approved March twenty-first, one thousand eight hundred and ninety-three. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section six of the act entitled "An act to enable second-class cities in this state to improve and extend the water supply in said cities and to issue bonds for the payment thereof," approved March twenty-first one thousand eight hundred and ninety-three, be and the same is hereby amended so as to read as follows: 6. And be it enacted, That the common council, board of aldermen or other governing body having control and management of the water supply in said city be and are hereby authorized and required for the purpose of improving and extending such water supply and the purchase and acquisition of land and water rights therefor, and the construction of buildings and reservoirs thereon, and the purchase and erection of pumps, machinery and other appliances and the laying of pipes in and along the streets of such city, to issue bonds in the name and under the seal of the city, to be denominated on their face "water bonds," in addition to any heretofore authorized by law, to any amount not exceeding six hundred thousand dollars; such bonds may be registered or coupon bonds, and shall bear a rate of interest not exceeding five per centum and shall be redeemable at any time not less than five nor more than thirty years from their date, in the discretion of said board, which bonds may be sold at public or private sale for the best price they can obtain for the same, but not under the par value thereof; all bonds issued as aforesaid shall be signed by the city treasurer and countersigned by the mayor of such city, and all the real estate within such city shall be liable for the payment of the principal and interest that may become due on the bonds to be issued by virtue of this act. 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 take effect immediately. Approved March 20, 1895.

CHAPTER CLXXXVI. An Act to amend an act entitled "An act providing for the formation, establishment and government of towns," approved March seventh, one thousand eight hundred and ninety-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section eleven of an act entitled "An act providing for the formation, establishment and government of towns," approved March seventh, one thousand eight hundred and ninety-five, be and the same hereby is amended so as to read as follows: 11. And be it enacted, That the annual town election shall be held on the second Tuesday in April in each year between the hours of six o'clock in the morning and seven in the afternoon, at the place or places in each ward designated by the council; notice of the time and place or places of such election and of the officers to be chosen shall be given by the town clerk at least two weeks before the said day of election, by publication in at least one newspaper published in the county in which the town is situated and generally circulating in the town; no person shall be permitted to vote at any such election unless he is an actual resident of the election district in which he offers his vote; immediately after the polls shall be closed at any such election the election officers of each election district shall count the votes given for the several candidates, and certify under their hands the number given for each, and publicly announce the same; and within twenty-four hours thereafter they shall immediately deliver one such statement to the judge or inspector, who shall be delegated to attend the meeting of the board of canvassers, and one to the town clerk, and one to the county clerk, to be by them filed in their respective offices. 2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CXCVI. A Further Supplement to an act 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 and lien in lieu and instead of such arrearages, and to enforce the payment thereof, and to provide for the sale of lands subjected to future taxation and assessment," passed March thirtieth, one thousand eight hundred and eighty-six. 1, Be it enacted by the Senate and General Assembly of the State of New Jersey, That the certificate of sale issued to any city for lands bought by any city at any sale, under the provisions of the act passed March thirtieth, one thousand eight hundred and eighty-six, the title to which is above recited, may be sold or assigned to any person or persons, by and with the consent of the mayor of any such city, upon the terms and conditions now existing. 2. And be it enacted, That all acts and parts of acts inconsistent or conflict with the provisions of this act are hereby repealed, and this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCIII. A Supplement to an act entitled "An act to authorize a new publication of the public acts of the legislature of this state, and a subscription therefor on the part of this state," 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 first section of the act to which this is a supplement 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 state treasurer be and he is hereby authorized and directed to subscribe for one thousand sets of the public acts of the legislature of this state, to be compiled and edited by Garret D. W. Vroom and William M. Lanning, which work shall contain all the public acts of the legislature of this state now contained in the "revision of the statutes of New Jersey," published in the year one thousand eight hundred and seventy-seven, and in the supplement to said "revision," published in the year one thousand eight hundred and eighty-seven, and the session laws passed and that shall be passed by the legislature of this state between the first day of January, one thousand eight hundred and eighty-seven, and the close of the legislative session of the year one thousand eight hundred and ninety-five, which are general and permanent in their nature, and which shall be in force at the end of the said legislative session of the year one thousand eight hundred and ninety-five, together with abstracts from the public decisions of the courts of this state expounding or construing the same. 2. And be it enacted, That the second section of the act to which this is a supplement be and the same is hereby amended so as to read as follows: 2. And be it enacted, That the said work shall consist of three volumes, as nearly equal in size as may be practicable, and shall be furnished with a full and complete general index of its contents, and with a list, alphabetically arranged, of the cases from which the abstracts of public decisions shall be made, and also a list, alphabetically arranged, of the legislative acts passed since one thousand eight hundred and seventy-five, not published in said work on account of their not being general and permanent in their nature or not being in force at the end of the legislative session of the year one thousand eight hundred and ninety-five; the said work shall correspond, in arrangement of statutes and mechanical execution, to the said "revision" published in the year one thousand eight hundred and seventy-seven. 3. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCLXXV. An Act to provide for the appointment, term of office and salary of assessors in certain cities in this state, to fix the time for making assessments and for the meeting of the board of assessors in such cities and to vacate the office of all assessors now holding office in such cities. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in any city in this state now or hereafter having within its territorial limits a population of more than fifteen thousand and less than thirty-five thousand inhabitants, it shall be lawful for the mayor of such city to appoint in and for such city three assessors-at-large, who, when so appointed, shall perform and discharge the same duties as are now required by law of assessors heretofore elected or appointed in such city, and they shall hold office for three years from the date of their appointment and until their successors are appointed and qualify; and in case of vacancy in the office of any such assessors during such term, either by death, resignation or other cause, such vacancy shall be filled by the mayor of such city by appointment for the unexpired term only; the said assessors appointed under the provisions of this act shall each receive as compensation for the performance of their duties as such assessors an annual salary, which shall be fixed by the common council or other governing body of such city, but which shall not be less than five hundred nor more than one thousand dollars, which salary shall be in lieu of all other compensation and fees heretofore allowed to assessors in any such city for the performance of their duties, and shall not be increased or decreased during their said term of office. 2. And be it enacted, That within fifteen days after the first and every subsequent appointment of assessors in any such city under the provisions of this act, the common council or other governing body of such city, shall, by resolution, divide such city into three assessment districts of substantially equal area, and shall, by the same resolution, assign one of the assessors so appointed to each of the said districts for the term of his office. 3. And be it enacted, That the said assessors shall make in their respective assessment districts, the assessment required by law, between the twentieth day of May and the last Tuesday in July in each year, and that they shall meet as a board of assessors on and after the last Tuesday in July in each year. 4. And be it enacted, That the said assessors may be appointed by the mayor of such city at any time after the passage of this act, and upon their appointment shall immediately enter upon the discharge of their duties, and the offices and terms of office of all assessors existing in any city wherein the provisions of this act may be adopted and assessors-at-large be appointed as aforesaid, shall cease and be abolished and vacated upon the appointment of the said assessors under this act, who shall be taken to be and are hereby declared to be the successors of the assessors whose offices are vacated by this act; provided, that in any such city having more than three wards there shall no [sic] be more than one of the said assessors-at-large appointed from the same ward; and provided, further, that such city shall have as many votes in the board of county assessors in the county in which such city is located as there shall be wards in any such city. 5. And be it enacted, That all acts and parts of acts, general, special, public or local, inconsistent with the provisions of this act, be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CXCV. A Supplement to an act entitled "An act for the formation and government of boroughs," approved April second, one thousand eight hundred and ninety-one.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for any village heretofore incorporated by virtue of any special or general law to accept the provisions of the act to which this is a supplement, and thereafter be governed by the same, and have all the rights, privileges and powers specified in the act to which this is a supplement, and in the supplements thereto, in lieu and instead of the provisions of the act or acts under which such village was incorporated or which have been heretofore in force therein; provided, that the question of adopting this act shall be submitted to the legal voters of said village by the trustees or other governing board of said village at a general or special election held for the purpose and be approved by a majority of the votes cast at such election. 2. And be it enacted, That the said board of trustees or other governing board shall appoint a clerk and two inspectors of said election, who shall be freeholders and legal voters in the said proposed borough, and who shall hold and conduct the election aforesaid; the polls shall open and close at the same hours as at the general elections in this state, and the election shall be conducted, as nearly as may be, in like manner as general elections are conducted; the ballots cast shall contain the words "for incorporation" or "against incorporation," as the case may be; at the close of the polls the said clerk and inspectors shall canvass the votes cast, and if a majority of the votes shall be for incorporation, they shall forthwith certify the results of said election and the number of votes cast for and against, under their hands to the clerk of the county wherein said borough is situated, to be filed in his office, and from the time of filing said certificate in the office of the clerk of the county aforesaid the inhabitants of said borough shall be a body corporate in fact and in law, under the name of the "mayor and council of the borough of -----," and by said name shall have perpetual succession, sue and be sued, prosecute and defend, in all courts of law and equity in this state have a common seal, and after the same at pleasure and purchase, hold and convey real and personal property for the use and benefit of said borough. 3. And be it enacted, That all acts and parts of acts inconsistent with this act be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCVI. An Act concerning boroughs. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That a majority of the legal voters residing in any borough of this state may at any time present to one of the judges of the court of common pleas of the county within such borough may be located, a petition in writing signed by a majority of said legal voters, requesting the designation of a time and place for the holding of an election in said borough to determine whether or not the said borough incorporation shall be continued. 2. And be it enacted, That upon presenting said petition to said judge, with an affidavit accompanying the same that the said petition is signed by a majority of said legal voters, he shall thereupon designate in writing a time, not less than six days nor more than fifteen days from the presenting of the petition, and a place within said borough for holding therein of an election by the legal voters residing therein to determine whether the said borough incorporation shall be continued or set aside that at the time of granting said order the said judge shall appoint one judge and two inspectors of said election, who shall discharge the same duties imposed upon similar officers in general state elections, who shall receive the sum of three dollars each for serving at said election, which shall be paid from the township funds in which said borough is located. 3. And be it enacted, That the polls of said election shall open at seven o'clock in the morning and close at seven o'clock in the evening. 4. And be it enacted, That notice of said election shall, after signing of said order by said judge, be forthwith published in any newspaper circulating in said borough, which notice shall state the time, place and object of holding the same, and a similar notice shall be posted in five of the most public places in said borough, at least five days prior to said election, which notice shall be signed by the said judge of election and inspectors of election. 5. And be it enacted, That if a majority of the votes cast in said election shall be in favor of a discontinuance of said borough incorporation, the said borough incorporation shall thereupon terminate and the territory within the limits of said former borough shall become a part of the township within which it may be located in all respects as before the incorporation of said borough. 6. And be it enacted, That all bonded indebtedness of the said borough existing at the time of said discontinuance of borough incorporation shall remain a lien on the property within the limits of the said former borough to the same extent as during the existence of said borough, and the interest due on the said bonded indebtedness and the accruing bonded debt shall be assessed within the limits of the township within which the said former borough is located as the same shall become due and accrued, and the said assessments shall be collected by the township collector and applied to the payment of the said indebtedness. 7. And be it enacted, That all debts and unpaid taxes and assessments due and owing the said borough shall after the discontinuance of said corporation, be payable to the proper fiscal officer of said township, who shall apply the money collected thereon to the use of the owners of the taxable property within said former borough as hereinafter set forth, and in case of the non-payment of any taxes, assessments or other money due and owing the said borough borough, such proceedings shall be taken for the collection of the same as in the case of taxes, assessments or debts due said township and proceedings to be in the name of and by the inhabitants of the township within which said borough was located, for the use of said former borough, and the proceeds thereof shall be payable as hereinafter set forth. 8. And be it enacted, That suit for all causes of action existing against said borough at the time of the discontinuance of said borough incorporation may be instituted in any court of this state having jurisdiction of the same, against the inhabitants of the township within which said borough was located, and any judgment obtained thereon shall be satisfied by an assessment made upon the taxable property within said former borough. 9. And be it enacted, That the said township committee shall have power, after the discontinuance of said borough incorporation to sell and dispose of, either at public or private sale, all real estate owned by said former borough, and to execute and deliver a proper deed therefor, all personal property owned by said former borough at the time of the discontinuance of said borough incorporation may be sold, either at public or private sale, by the said township committee and the proceeds arising from the sale thereof shall be applied by the township collector on account of the taxes assessed on the taxable property within said former borough according to the respective assessments thereon, and all moneys accruing from said sales or from other assets of said former borough shall be appointed by said collector in the same manner from year to year until the same is expended fully, as aforesaid. 10. And be it enacted, That it shall be lawful for the township committee of the township within which said borough was located to order paid all legal claims against said former borough, and the same shall be paid in the same manner as claims against townships are paid, and the money so paid shall be assessed on the taxable property within the limits of said former borough, and when collected shall be paid into the general fund of said township. 2. And be it enacted, That this act shall take effect immediately. Approved March 21, 1895.

CHAPTER CXCIX. An Act to amend an act entitled "An act relating to cities of the third class." 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cities of the third class in this state the city clerk shall be elected by the council or other governing body at their annual meeting or any other regular meeting thereafter, and said council or other governing body shall, by resolution or ordinance, fix the compensation of said city clerk and define his duties. 2. And be it enacted, That the term of office of the city clerk in all cities of the third class shall be three years. 3. And be it enacted, That all acts or parts of acts inconsistent with this act be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 20, 1895.

CXCVII. An Act regulating the payment of fees for licenses or permits granted in third-class cities of this state. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in any third-class city of this state when the city clerk is ex-officio clerk of the board of exise commissioners, or when licenses are granted by the board of aldermen or councilmen, or when, by any general or special public law, fees for licenses to sell malt or spiritous liquors, or for licensing hucksters, peddlers, auctioneers, and so forth, or the fees for any licenses or permits whateaver are required to be paid the city clerk, it shall be lawful for the board of aldermen, councilmen or other governing body in such city having the control of the finances of said city to direct by resolution that all fees for licenses or permits of any sort or description required by law or by any ordinance or said city to be paid to the city clerk, or to be received by him, shall be paid by the applicants for such license or permits directly to the tax collector, collector of revenue or other officer collecting and receiving the taxes in said city, who shall receive the same and thereupon give his receipt therefor, specifying in said receipt the object or purpose for which the said license is to be issued or permit granted; and the receipt of said tax collector, collector of revenue or other officer collecting the taxes in said city shall be sufficient evidence in all courts and places of the payment of the fee or fees for such licenses or permits. 2. And be it enacted, That this at shall take effect immediately. Approved March 20, 1895.

Woman does all she can to render herself irresistible, and then orders man to keep his distance.

CHAPTER CC. An Act to authorize township committees or other governing bodies of townships, villages or boroughs to raise, by taxation, moneys to establish or aid public libraries and free reading rooms. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the township committee or the boards of trustees or other governing body of any township or village or borough in this state to raise by taxation any sum not exceeding one thousand dollars annually, to aid public libraries and free reading rooms in any such municipality in this state, provided the same be first assented to by a majority vote of the legal voters of any such municipality, at their annual election. 2. And be it enacted that this act shall be deemed a public act, and take effect immediately. Approved March 20, 1895.

CHAPTER CCIV. A Supplement to an act entitled "An act to authorize the establishment of free public libraries in the cities of this state," approved April first, one thousand eight hundred and eighty-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That when, in the judgment of the board of trustees of the free public library in any city in this state, which city has accepted the provisions of the act to which this is a supplement, it is advisable to purchase lands, improved or unimproved, or to erect buildings thereon, or both for the purposes of a free public library, or for the improvement and enlargement of such library, and where the estimated cost thereof shall exceed the amount of the annual appropriation for library purposes in such city and the funds of such board of trustees then on hand, said board of trustees of such public library may certify to the common council or other governing body of the city in which such free public library is situated, the amount of money necessary for the purpose of making such purchase of land or improvement thereof, and thereupon the common council or other governing body of such city may by resolution at its discretion authorize and empower the board of trustees of said free public library to expend such moneys as to the said common council or other governing body may seem proper for such purposes, not to exceed however, the amount certified as aforesaid by said board of trustees of the free public library, and upon the passage of such resolution the board of trustees of said public library shall be empowered and authorized to purchase real estate and to erect buildings and make improvements thereto and to expend moneys therefor to the amount of such appropriation; provided, however, that no lands shall be purchased for the purpose of erecting thereon a free public library, except with the concurrence and approval of the common council or other governing body of such city, which concurrence and approval shall be expressed by resolution of the said common council or other governing body the title of real estate so purchased shall be taken in the name of such city, and shall be exempt from taxation, but the use and control of the same shall be in such board of trustees of the free public library so long as it shall be used for free public library purposes. 2. And be it enacted, That to defray the expense of such purchase and construction, or either, the said common council or other governing body of such city is hereby authorized and directed to issue the bonds of such city not to exceed in the aggregate the sum of one hundred thousand dollars, which bonds shall be of such denominations as the said common council or other governing body shall direct; they shall be made payable within not more than thirty years nor less than ten years from the date of their issue; they shall b ear such rate of interest, not exceeding four per centum per annum, and be made payable as the said common council or other governing body may determine; said bonds shall b e negotiated and sold at not less than their par value, they shall be denominated "free public library bonds," and shall be signed as other municipal bonds of such cities are signed. 3. And be it enacted, That for the redemption of the bonds issued pursuant to the provisions of this act, and to provide for the payment of the interest on said bonds, it shall be the duty of the board of trustees of such free public library, from the annual appropriation for the support of free public libraries therein (which appropriation is fixed by the act to which this is a supplement), to pay to the commissioners of the sinking fund or other proper officer or officers having charge of the sinking fund of such city, the amount of interest on said bonds, together with three per centum for the purpose of a sinking fund, and the said sums so annually received for interest and sinking fund by the said commissioners of the sinking fund, or other officers, shall be applied by them to the payment of such interest and to the creation of a sinking fund to meet the said bonds when they shall fall due. 4. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed, and this act shall take effect immediately. Approved March 21, 1895.

CHAPTER CXCIV. An Act to establish and regulate a police department in the cities of the second class in this state having a population by the last census not exceeding thirty-five thousand, and to remove the same from political control. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That there shall be and is hereby created and established in each of the cities of the second class in this state whose population, by the United States or state census last taken, does not exceed thirty-five thousand, which shall accept the provisions of this act as hereinafter provided, a board of police commissioners, to whom shall be exclusively entrusted the government, control and management of the police department therein and the transaction and control of all public police matters and business. 2. And be it enacted, That such board of police commissioners shall consist of four persons, resident in such city, and each of whom shall be appointed and commissioner by the mayor of such city; two of the persons so appointed shall be selected from the dominant political party and two from the party which at the last preceding municipal election cast the next highest number of voters in such city; that is to say, two of the members of the said board shall be selected and appointed from each of the two political parties casting the largest number of votes at the last preceding municipal election in such city, two of the said commissioners, one from each of the said political parties, shall be appointed for the term of two years, and two of the said commissioners, likewise one from each of the said political parties, shall be appointed for the term of three years; and thereafter, upon the expiration of the term of each of the members of said board of police commissioners, as herebefore provided, the mayor of such city shall appoint his successor, who shall be selected from the same political party as his predecessor, to serve for the term of three years as a member of said board of police commissioners; but in no case and at no time at all more than two of said commissioners composing said board belong to the same political party as aforesaid. 3. And be it enacted, That such board of police commissioners shall be entitled to have and appoint a city clerk, who shall receive a salary to be fixed by the said board, and who shall keep a record of all their proceedings and proper accounts of all money received and expended by said board, and do all other acts directed by said board, and the said board of police commissioners shall make and render detailed reports monthly to the mayor of such city. 4. And be it enacted, That before entering upon the duties of such office each of said commissioners, and the clerk of the said board, shall take and subscribe an oath or affirmation before the clerk of such city, faithfully and impartially to perform the duties of such office, and each of the said commissioners shall enter into a bond to the corporation of such city, in such sum not exceeding five thousand dollars, and with such sureties as may be designated or approved by the mayor of such city, conditioned for the faithful performance of his duties as such commissioner. 5. And be it enacted, That the mayor of such city shall have the right to expel from office any of the said commissioners therein on good cause shown, and after a trial of such commissioner before such mayor, and for such purpose such mayor shall be and he is hereby fully authorized and empowered to summon, assess or affirm and examine witnesses, near counsel, and try and determine the charges against such commissioner, as to the said mayor shall seem just and proper, and his determination shall in all cases be final and conclusive. 6. And be it enacted, That in case a vacancy shall occur in the said office of police commissioner, such vacancy shall forthwith be filled for the remainder of the unexpired term, in the same manner as the original appointment was made, and such commissioner shall be selected and appointed from the same political party as his predecessor. 7. And be it enacted, That the commissioners composing such board of police commissioners be and they are hereby authorized and empowered to employ such persons as may be deemed necessary by said board, from time to time, in their respective departments; and the said board is hereby fully authorized and empowered to declare vacant any or all of the offices or positions therein or thereunder as to such board may appear best for the public interests in such department, including the chief of police of such department or person holding the equivalent or similar position, however called or designated; and the said board shall have power to make or alter, from time to time, such by-laws, rules and regulations for the government of such board and for the conduct and management of the affairs of said board and the department under its control and government as to the members of such board shall seem proper, provided such by-laws, rules and regulations are not contrary to the constitution and laws of this state or the provisions of this act. 8. And be it enacted, That such board of police commissioners shall be and it is hereby authorized to designate, appoint or approve all the policemen or other persons employed in the police department of such city; and the said board of police commissioners is also hereby fully empowered and authorized, and it is hereby invested with the full right and power to suspend, remove, expel and discharge any and all persons employed or appointed in or under the department under the government and control of the said board, provided good cause shall be shown for such suspension, expulsion or discharge after an investigation by said board. 9. And be it enacted, That each of such commissioners shall devote such time and attention to the duties of his office as the welfare of the department under his control and the public interests therein may require; and each of such commissioners shall receive an annual salary of two hundred and fifty dollars, to be paid quarterly to such commissioners by such city. 10. And be it enacted, That said board of police commissioners shall annually, or whenever a vacancy occurs, select one of their number to act as president, who shall preside at their respective meetings, and in case of a vacancy in the office of chief of police by removal, dis[?]ity or otherwise, the president of said of said board shall perform all the duties and possess all the powers of said position during the continuance of such vacancy. 11. And be it enacted, That the said board of police commissioners shall have power to fix and regulate the compensation of all officers, servants and employees of their respective departments, and said board shall have the power to appoint a surgeon from among the regularly graduated and licensed physicians of such city, who shall be under the control of said board and subject to its rules and regulations. 12. And be it enacted, That the said board of police commissioners shall have power to issue subpoenas in the name of the president of such board and compel the attendance of witnesses upon any proceedings by virtue of its rules and regulations, and each member of said board is hereby authorized to administer oaths or affirmations in any matter or proceedings as aforesaid, and any willful or corrupt swearing by any person before said board shall be deemed perjury and punishable in the same manner as is now prescribed by the statutes of this state in cases of perjury. 13. And be it enacted, That annually, before making up the tax levy or tax budget in any such city, the said board shall estimate in detail the expenses of the police department therein for the ensuing year, and transmit the same to the common council of such city, which body shall make provision for the assessment of the same in the tax ordinance of such year; provided, the sum required shall in no case exceed by more than ten per centum the amount expended for the police department in such city for the previous fiscal year; provided, further, that it shall be lawful for the common council or other governing body to make additional appropriation to the use of the said department whenever the public interests may require it. 14. And be it enacted, That in paying salaries of said police department a pay-roll of such department shall be made out by the said commissioners thereof, and submitted to the mayor of such city, and such mayor shall order warrants drawn on the city treasurer of such city for the amount thereof to the order of the president of such board of police commissioners, and it shall be the duty of said president of such board to pay the officers and employees of said board according to the pay-roll so made out and submitted to such mayor. 15. And be it enacted, That the members of the police force employed by the board of police commissioners are hereby invested with all the powers applicable to the sheriffs and constables of this state, except to serve civil process; they shall also be exempt from duty as jurymen and from military service during the time they shall remain members of such police force. 16. And be it enacted, That each of such police commissioners shall have full power to arrest, without warrant for breaches of the peace committed in their presence; and in every such case of arrest the person so arrested shall be forthwith taken before a proper judicial officer to be dealt with according to law. 17. And be it enacted, That no police commissioner shall accept or hold any other place of public trust or amendment within the elective franchise or accept any nomination therefor unless he shall first resign his office of commissioner, and upon his acceptance of any such place or nomination his position as a member of such board shall become vacant. 18. And be it enacted, That in case any police commissioner appointed under this act shall take or receive any other reward, compensation or emolument for or in respect of any service under this act, or for or in respect to any appointment to be made or voted on, or fore or in respect of any vote to be given by him as such commissioner, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two thousand dollars, or imprisonment at hard labor for a term not to exceed two years, or both, at the discretion of the court before which such conviction is had. 19. And be it enacted, That it shall be the duty of the common council of any city in this state wherein is established a board of police commissioners, under the provisions of this act, to provide such board with suitable quarters and accommodations and to make such changes and alterations therein, and to increase and enlarge the same whenever such board shall so request such common council. 20. And be it enacted, That this act shall not apply to nor be operative in any city until its provisions shall have been accepted by an ordinance duly passed for that purpose by the common council or other governing body of such city exercising legislative power therein by a majority vote of all its members and such ordinance shall have been approved by the mayor of such city, and it shall be the duty of the mayor upon the approval of such ordinance forthwith to cause proclamation to be made of the passage of such ordinance and its approval; stating therein that this act has become operative in such city, and he shall cause the said proclamation to be published for four weeks successively, once each week, in the newspapers published and circulating in said city in which the ordinances of the said city are required by law to be published, and from and after the approval of the said ordinance the said act shall take effect in and be operative in such city. 21. And be it enacted, That all acts and parts of acts, general, special, local or private, inconsistent herewith be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCI. An Act in relation to the service or process in actions ex delicto upon residents of other state and upon non-resident receivers of foreign corporations. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cases in which means process shall issue out of the supreme court or circuit court of this state in actions ex delicto against any person, persons, corporations or receiver of foreign corporations, who do not reside in this state, but who own or control or have the custody of property, real or personal, situate in this state, and the plaintiff is a resident of this state; such process may be served upon the defendant or defendants therein named in the same manner as process may now be served on non-resident defendants in actions denominated local, the cause of which arose in the state; and the practice in all cases under this act shall be the same, as nearly as may be, as the practice provided for in the said local actions. 2. And be it enacted, That this act shall take effect immediately. Approved March 20, 1895.

CHAPTER CCV. An Act concerning cities. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the city council or other governing body of any city of this state to pass a resolution requiring the collector or other officer of such city having charge of the collection of taxes, to pay to the city treasurer or other fiscal officer or department of such city all the moneys which may be collected for state and county taxes required to be assessed in such city, in which case, however, such city shall pay to the county collector of the county in which such city is located such state and county taxes out of the first moneys which it shall receive from the collection of taxes, and as soon as the same are collected. 2. And be it enacted, That this act shall be deemed a public act and take effect immediately. Approved March 21, 1895.

CHAPTER CCLXXIII. Amendment to an act entitled "An act to protect the planting and cultivating of oysters in the tide waters of this state," which act was approved May seventeenth, one thousand eight hundred and ninety-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section two of said act be amended to read as follows: 2. And be it enacted, That upon the grounds now or hereafter held, used or occupied as aforesaid, the person or persons holding, using or occupying the same may plant, cultivate and gather oysters; they may shell said grounds and gather the oysters that may grown thereon, and all oysters on said grounds shall be deemed and taken to be their personal property; and every person or persons who shall gather, catch or take oysters, clams or shells from any lot of ground property planted with oysters held, used or occupied as aforesaid, or use thereon any tongs, rake or dredge without the permission of the person or persons holding, using or occupying the same, shall be deemed guilty of a misdemeanor, and upon confiction thereof shall be fined in a sum not greater than one hundred dollars or be confined in the county jail for a period not exceeding six months, or both, at the discretion of the court. 2. And be it enacted, That all acts or parts of acts inconsistent herewith be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCLXXXI. A Supplement to an act entitled "An act to provide for the appointment of police justices in cities of the first class," passed May eighteenth, one thousand eight hundred and ninety-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That if the common council, board of finance, or other board or body having charge and control of the finances of any city in which courts are established by the act to which this act is a supplement, shall by resolution so provide the annual salary of the judges of said courts shall be three thousand five hundred dollars, and the annual salary of the clerks shall be eighteen hundred dollars, to be paid monthly in the same manner that other officers of such city are paid; and upon the adoption of such resolution, all fees now and by law payable to such judges and clerks shall be paid into the city treasury for the use of the city, and thereafter the judges and clerks of such courts shall not be paid any fees or compensation other than the salaries herein provided for. 2. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act be and they are hereby repealed, and this act shall take effect immediately. Approved March 22, 1895.