OCEAN CITY SENTINEL. THURSDAY, MAY 9, 1895.

(BY AUTHORITY)

LAWS OF NEW JERSEY.

CHAPTER CCLXVII.

An Act to authorize the purchase of land and the erection of fire engine houses thereon in cities of

the second class in this state.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the mayor and common council, or other governing body of

any city of the second class in this state, are hereby authorized and empowered to purchase the neces-

sary land for the erection of a fire engine house,

and to erect thereon a suitable fire engine house for use in said city; provided, the aggregate cost of such land and engine house shall not exceed the sum of twenty-five thousand dollars. 2. And be it enacted, That to provide money necessary to carry this act into effect the mayor and common council, or other governing body of such city, shall have power to issue bonds of such city to an amount not exceeding twenty-five thousand

dollars, having not more than twenty years to run,

and bearing interest at a rate not to exceed five per centum per annum, pledging the faith, credit and

property of said city for the payment of the same, which bonds, after proper advertisement for the sale of the same, shall be sold to the highest bidder. 3. And be it enacted, That for the purpose of redeeming said bonds and meeting the interest thereon, the said city shall provide a sinking fund, and shall annually include in the tax levy or appropriation of such city a sufficient proportion of said bond issue to meet the principal sum of said bonds at maturity and retire the same from the proceeds of said sinking fund. 4. And be it enacted, That this act shall take effect immediately. Approved March 29, 1895.

CHAPTER CCXCV. An Act to amend an act entitled "An act for the relief of creditors against absconding and absent debtors" [Revision], approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section sixty-five of the act entitled "An act for the relief of creditors against absconding and absent debtors" be amended so as to read as follows: 65. And be it enacted, That it shall be lawful for the defendant in any attachment issued by a justice of the peace, on or before the day appointed for the hearing of the said cause, to file with the said justice a bond to the plaintiff, executed by one or more sufficient sureties, being freeholders and resident in the county in which such attachment shall issue, in double the amount of the claim of the plaintiff, as set forth in the affidavit filed with said justice, conditioned for the due and safe return of the goods and chattels, rights and credits, moneys and effects seized and taken by virtue of such writ of attachment, in case judgment shall be rendered for the plaintiff; which said bond shall be approved by the said justice, and filed by him for the use and benefit of the plaintiff; and thereupon the property attached shall be restored to the defendant and released from the lien of said attachment.

2. And be it enacted, That section sixty-six of said act be and the same is hereby amended so as to read as follows:

66. And be it enacted, That after filing the said bond the said defendant shall file his plea, copy of account or set-off, if any he have; and the said cause shall and may be adjourned and conducted in all things in like manner as if the same had been commenced by summons, under the act entitled "An act constituting courts for the trial of small causes;"

and either party may appeal from the said judgment in like manner, in every respect, as if the said suit had been commenced by summons under the said last-mentioned act, and in case the defendant shall fail to file his bond on or before the day appointed for the hearing of the cause, he nevertheless may appeal from the said judgment upon giving bond as aforesaid; and thereupon the property attached shall be restored to the defendant and released from the lien of the said attachment. 3. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCXCIX. An Act to amend an act entitled "A supplement to an act entitled 'An act to define and suppress tramps,' approved April nineteenth, one thousand eight hundred and seventy-six," which supplemental act was approved March twenty-fourth, one thousand eight hundred and eighty-one.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the said supplemental act be and the same is hereby amended so that henceforth said act shall be and read as follows, to wit: 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That if any person shall be found offending in any county, city, township, borough or district in this state against this act, it shall and may be lawful for any constable or police officer of such place, and he is hereby enjoined and required, on notice thereof given him by any of the inhabitants thereof, to apprehend and convey such person to a justice of the peace or

other magistrate of such place, who shall examine such person, and may commit him or her, being thereof legally convicted before

him by the oath or affirmation of one or more credible witnesses other than the officer making the arrest, to labor upon any county farm or upon the streets, roads and highways of any city, township or borough, or in any house of correction, poor-house, work-house

or common jail, for a term not less than thirty days, nor exceeding six months; and shall

forthwith commit him or her to the custody of the steward, keeper or superintendent of such county farm, house of correction, poor-house,

work-house or common jail, or to the supervisor or overseer of highways, street commissioners or any other officer or officers having in charge the repairs of any street, road or

highway, or overseers of the poor of the respective county, city, borough or township wherein such person shall be found as in their judgment shall be deemed most expedient. Approved March 22, 1895.

CHAPTER CCLXXXVIII.

An Act to authorize cities to issue bonds for the construction of public schools.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the board of aldermen, common council or board having charge of the finances or other legislative body of any city in this state may issue bonds to the amount of fifty thousand dollars each year for the purpose of purchasing lands and the erection thereon of pub-

lic school buildings and the furnishing of the same; said bonds shall be payable in not less than ten years and within twenty years from the date of their issue, and shall bear and pay interest at not more

than five per centum per annum; shall be signed by the mayor, countersigned by the comptroller and

attested by the city clerk and have the corporate seal affixed, and shall be sold for not less than par.

2. And be it enacted, That the buildings to be erected pursuant to this act shall be erected and furnished by the body in any such city having charge of and control of the public schools, and the

money arising from the sale of said bonds shall be placed to the credit of said last-issued body to be expended for the purposes aforesaid.

3. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCXCVI. A Supplement to an act entitled "An act respecting executions" [Revision], approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the household goods and furniture of every kind, not exceeding in value the sum of two

hundred dollars, of any absconding debtor

having a family residing in this state, shall be

reserved for the use of his family, and shall

not be liable to be seized or taken by virtue of any writ of attachment or civil process whatever issued out of any court of this state, except the said writ of attachment shall have been issued on a debt or demand for which said household goods shall have been sold and delivered; provided, that nothing herein contained shall be deemed to apply to process issued for the collection of taxes. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCXCVII. A Further Supplement to an act entitled "An act to provide additional accommodations for the insane of this state," approved March thirty-first, one thousand eight hundred and seventy-one. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That "the board of managers of the state hospitals" be and they are hereby authorized to erect on the land owned by the state at Morris Plains an additional building or buildings of sufficient size to accommodate six hundred patients, and to procure such furniture and apparatus for the same as may in their opinion be requisite and necessary; and also to make such sanitary improvements in the present buildings of the New Jersey state hospital at Morris Plains as they shall deem advisable. 2. And be it enacted, That the said board of managers may appoint and employ architects, superintendents and such other persons as may be necessary for the successful prosecution of said work; may erect said buildings and make said improvements and purchase such furniture and apparatus by contract or otherwise as they may deem for the best interests of the state, and may advertise for proposals for doing the whole or any part of the work hereby authorized, if they consider it best to have the same done by contract, and may incur all expenses necessary to carry out the provisions of this act, and they are hereby authorized to spend the sum of one hundred and twenty-five dollars, or so much thereof as may be necessary in the prosecution of said work and for the purposes hereinafter specified. 3. And be it enacted, That the said board of managers be and they are hereby authorized to construct, maintain and operate upon the lands now owned by the state at Morris Plains, or upon any other lands in the county of Morris which may be acquired by them for the purpose by purchase or condemnation a system of water works, including such works as may be necessary for gathering and storing water and protecting the sources of supply from contamination and such other works as in the opinion of said board of managers shall be necessary, proper and sufficient to furnish an adequate supply of pure and wholesome water for the buildings now standing upon the land of the state at Morris Plains, and for such buildings as may hereafter be constructed upon said lands, either under the authority of this act or of any other act, and for the use of the patients and occupants of said buildings and the persons employed therein. 4. And be it enacted, That it shall be lawful for the said board of managers to purchase such lands as may be required to carry out the provisions of this act and necessary for the construction, maintenance and operation of said water works, and also the right to take and divert, either in whole or in part, the water of any spring or springs, stream or streams in said county of Morris, and the right to build and maintain any pipes, conduits, feeders, ditches, surface drains and other works upon any lands in said county, taking title to the same in the name of the state of New Jersey, or to take and acquire such lands rights and privileges by condemnation proceeding in the manner hereinafter set forth. 5. And be it enacted, That it shall be lawful for the said board of managers, and their agents and servants, before such purchase or condemnation, to enter upon any and all lands in the neighborhood of the New Jersey state hospital at Morris Plains, and to make such preliminary examinations, explorations and surveys as may be necessary in their opinion for the purposes of this act and for laying out a system of water works for the purpose aforesaid, doing thereby as little damage as possible to the owner or owners of said laids.

6. And be it enacted, That in case the said board of managers cannot agree with the owner or owners of any lands which are necessary to be taken to carry into effect the provisions of this act, or from which it is necessary to take or divert either in whole or in part any spring or springs, stream or streams of waters, or upon which it is necessary to construct or maintain any pipe, conduit, feeder, ditch, drain or other works, as to the amount of compensation or damages to be paid to such owner or owners for such taking, use, occupation or diversion, or if by reason of the absence or legal incapacity of such owner or owners or any of them, or by reason of said owner or owners or any of them being unknown, no such agreement can be made, the said board of managers may apply by petition in writing to any justice of the supreme court of this state, which petition shall contain a description of the lands, rights and privileges so required to be taken, with the name or names of the owners, occupants and other parties interested, so far as known, and of their place or places of residence, if the same can be ascertained, and thereupon the said justice shall cause notice to be given to said owners, occupants and persons interested, if known and in this state, for at least two weeks, or if said owners, occupants or persons interested, or any of them, are unknown or out of this state, or cannot be found therein, such notice shall be published in one of the newspapers of said county of Morris for not less than ten days in such manner as said justice shall direct, and said justice shall assign a particular time and place for the hearing of said application, at which time and place, or at some other time and place to which the matter may be adjourned by said justice, and upon satisfactory evidence to him of the service or publication of said notice as by him directed, the said justice shall appoint, by writing under his hand, three impartial and judicious freeholders, residents of said county of Morris, as commissioners to examine the lands, springs and streams in question, and to appraise and assess the compensation and damages to be paid for the taking of said lands or of said rights and privileges, as the case may be, upon such notice to be given by said commissioners to the owners, occupants and persons interested as shall be directed by said justice, which notice shall be given for not less than ten days, and shall be served or published in such manner as said justice shall direct; and in case of the neglect or refusal of any one or more of the commissioners so appointed to attend and perform his or their duties under said appointment, the said justice shall have power, upon such notice to the said board of managers and to the owners, occupants and persons interested in said land, as he may prescribe, to appoint one or more other impartial and judicious freeholders, residents of said county of Morris, to act in place of the commissioner or commissioners so neglecting or refusing; and the said commissioners shall meet at the time and place by them appointed, and having first taken and subscribed an oath or affirmation before some person duly authorized to administer the same faithfully and impartially to examine the matter in question, and to make a true appraisement and assessment therein, according to the best of their skill and understanding, they shall proceed to view and examine the said lands and premises, springs and streams in question, and hear the parties interested, and take evidence if any be offered, and for that purpose may administer oaths and affirmations to witnesses, and may adjourn from day to day and from time to time; and the said commissioners shall proceed to make a just and equitable appraisement and assessment of the compensation and damages to be paid to the said owners, occupants and persons interested for the lands, rights and privileges required as aforesaid, which appraisement and assessment, together with a description of said lands, rights and privileges, and the names of the owners, occupants and persons interested, shall be set forth in an award to be maid in writing, under the hands and seals of the said commissioners, or any two of them, which award shall be filed within fifteen days thereafter, together with the petition to said justice, the order of appointment and the oaths or affirmations of said commissioners, in the clerk's office of said county of Morris, to remain of record therein; and thereupon and on payment or tender of payment of the amount of said appraisement and assessment to the party or parties entitled thereto, the said board of managers shall be empowered to enter upon and taken possession of the lands and to use, exercise and enjoy the rights and privileges so required, and all title thereto for the purposes for which the same are taken, shall, upon such payment or tender, pass from the owners, occupants and parties interested to the state of New Jersey; and the said award shall be recorded by the clerk of said county in the record of deeds, and the same or the record thereof or a copy thereof certified by the clerk of said county, together with proof of the payment or tender of the amount of said appraisement or assessment, shall at all times be considered plenary evidence of the right of the state of New Jersey to have, hold, use, occupy, possess and enjoy the said lands, rights and privileges; or the said board of managers may, at the time of filing the said award, or at any time thereafter, pay the amount of said appraisement and assessment into the circuit court of said

county of Morris, for the benefit of the owners, occupants and persons interested, to be paid out and distributed to and among the parties entitled thereto by the order of said circuit court, on the application of any one or more of said persons, on due notice to the others; and in case of such payment into court the title to said lands, rights and privileges shall pass to the state of New Jersey at the time of

such payment; and the certificate of the clerk

of said county that said amount has been so paid into court, together with said award or

the record thereof, or a certified copy thereof, shall be considered as plenary evidence of the right of the state of New Jersey to have, hold, use, occupy, possess and enjoy the said lands, rights and privileges; and any justice of said supreme court, upon the application of any party interested and a reasonable notice to the other party or parties, shall tax and allow such costs, fees and expenses to the said commissioners and to any other persons who may have performed any duties in the premises, as the said justice shall think equitable and right, and the same shall be paid by the said board of managers.

the record thereof, or a certified copy thereof, shall be considered as plenary evidence of the right of the state of New Jersey to have, hold, use, occupy, possess and enjoy the said lands, rights and privileges; and any justice of said supreme court, upon the application of any party interested and a reasonable notice to the other party or parties, shall tax and allow such costs, fees and expenses to the said commissioners and to any other persons who may have performed any duties in the premises, as the said justice shall think equitable and right,

and the same shall be paid by the said board of managers.

7. And be it enacted, That if the said board of managers or any owner, occupant or person interested in said lands shall feel aggrieved by the award of said commissioners, such party may appeal therefrom in respect to his, her or their interest therein to the next or second term of the circuit court of said county of Morris to be held thereafter, by petition in writing to said court, of which notice shall be given at least two weeks prior to such term, either by service upon the opposite party or by publication in one of the newspapers of said county of Morris, in such manner as said circuit court shall direct, which petition and notice so served or published shall vest in said circuit court full authority, power and jurisdiction to hear and determine the said appeal, and thereupon the said circuit court shall direct a proper issue to be framed between the parties, and the same shall be tried by a jury, and said court may order a jury to be struck for the trial of the same and a view of the premises to be had, and the said issue shall be tried upon the like notice and in like manner as other issues of fact are tried in said court, and it shall be the duty of said jury to appraise and assess the compensation and damages to be paid for the taking of the lands, rights and privileges in question, or such part, share or interest therein as may be affected by said appeal; and the right of said board of managers to appeal from the appraisement and be waived or lost by paying or tendering to the parties entitled thereto or paying into court the amount of the award and taking possession of the land or exercising the rights and privileges described in said award and the right of any owner, occupant or person interested to appeal in like manner shall not be waived or lost by the acceptance of the amount so awarded; nor shall any appeal, either by said board of managers or by the owners, occupants and persons interested, or any of them, prevent the said board of managers from taking possession of the land and exercising the rights and privileges covered by the award of said commissioners upon filing the said award and paying or tendering to the parties entitled thereto the amount thereof or paying the same into court, as hereinabove provided; and if any error in law or in fact be committed upon the hearing or determination of said appeal or in the giving of judgment thereon, the party aggrieved thereby may have a remedy in the same manner and upon the same terms as in the case of other trials and judgments in said court; and upon the final determination of any such appeal, the court shall render judgment in favor of the one party and against the other as the verdict of the jury and the right and justice of the case shall require, and shall order any moneys remaining in court to be disposed of in accordance therewith, and shall award to the party substantially succeeding and prevailing in said appeal, his, her or their costs of said appeal, and order the same to be paid by the opposite party, and shall have power to enforce such judgment and order by execution in the same manner as other judgments of said court are enforced, or may take such summary proceedings, either by attachment for contempt of said court or otherwise, as shall be necessary to enforce the judgments and orders of said court in the premises. 8. And be it enacted, That the several sums of money hereby appropriated shall be paid by the state treasurer out of any moneys in the state treasury not otherwise appointed, upon warrants drawn by the comptroller from time to time as payments shall become due; said payments to be made on proper vouchers, approved and certified by said board of managers, or by such officer as they may designate for that purpose. 9. And be it enacted, That the said board of managers shall make to the legislature at its next session, and at each successive session thereafter until the said work and improvements are completed, a full and detailed report of their proceedings and expenditures under this act. 10. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCC. A Supplement to an act entitled "An act to complete the geological survey of this state," approved March thirtieth, one thousand eight hundred and sixty-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the annual appropriation of eight thousand dollars per annum for the completion of the geological survey of this state made in the supplement to this act which was approved May twelfth, one thousand eight hundred and ninety, be further continued for five years. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCI.

An Act to repeal a supplement entitled "A supplement to an act entitled 'An act con-

cerning cities,' approved March eighth, one thousand eight hundred and seven," which supplement was approved April nineteenth, one thousand eight hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That an act entitled "A supplement to an act entitled 'An act concerning cities,' approved March eighth, one thousand eight hundred and seventy-seven," which said supplement was approved April nineteenth, one thousand eight hundred and ninety-four, be and the

same is hereby repealed.

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

Approved March 22, 1895.

CHAPTER CCCII.

An Act to amend an act entitled "An act concerning corporations," approved April third, one thousand eight hundred and eightynine.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section one of an act entitled "An act concerning corporations," approved April third, one thousand eight hundred and eighty-nine, 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 it shall be lawful for any corporation organized or which may hereafter be organized under any law of this state, excepting always railroad and canal corporations, to increase its capital stock to such an amount as may be determined by its board of directors; provided, that such corporation shall, previous to the issuing of any share of stock representing the increase of its capital stock by this section authorized, file in the department of state a certificate, signed by its president, under its corporate shall attested by its secretary, setting for the amount of the proposed increases of capital and the number of shares into which the same is to be divided and the assent in writing to said proposed increase of stockholders owning at least two-thirds in value of the existing capital stock. 2. And be it enacted, That it shall be lawful for the board of directors or trustees or managers of any such corporation having outstanding preferred or guaranteed stock to issue common stock to an amount equaling the total of said preferred and guaranteed stock; provided, that such common stock shall in nowise prejudice or impair the rights of owners of said preferred or guaranteed stock; and provided, further, that before the issue of any stock by this section authorized, a certificate, under the seal of the corporation, setting forth the amount and date of such increase, shall be filed in the department of state. 3. And be it enacted, That the issues of capital stock hereby authorized shall be made from time to time in such sums, in such manner and on such terms and conditions as the board of directors, trustees or managers of the corporations may determine. 4. 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 CCXC. A Further Supplement to an act entitled "An act for the formation of borough governments," approved April fifth, one thousand eight hundred and seventy-eight.

Whereas, An act passed at the session of the legislature entitled "A further supplement to an act

entitled "A further supplement to an act entitled 'An act for the formation of borough

governments,' approved April fifth, one thousand eight hundred and seventy-eight," which first-named act was approved March seventh, one thousand eight hundred and ninety-five, went into effect only five days before the usual spring general elections in this state, whereby it was impracticable to fully put into effect all its provisions, especially those relating to the election of members of the township committee, overseers of the roads or township officers as provided for in section six of said act; therefore,

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all townships of this state within the limits of which are boroughs incorporated under the act to which this is a supplement, and to which townships at the time of the last general election the legally qualified voters thereof failed to elect any member or members of the township committee, overseers of the roads or township officers in the place of such officers who were residing within the limits of such boroughs, under the provisions of section six of the act above mentioned, approved March seventh, one thousand eight hundred and ninety-five, the members of the township committee, overseers of the roads or township officers residing within the limits of such boroughs shall continue to act as such officers until the expiration of their several terms of office, anything in said supplement approved March seventh, one thousand eight hundred and ninety-five, to the contrary notwithstanding.

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

Approved March 22, 1895.

CHAPTER CCXCII. An Act to extend the time for building and putting in operation certain street railways incorporated under an act entitled "An act to provide for the incorporation of street railway companies and to regulate the same," approved April sixth, one thousand eight hundred and eighty-six.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever the time limited for the building and putting in operation of any street railway or any portion thereof authorized to be constructed under the act

referred to in the title of this act shall expire during the year one thousand eight hundred and nine-ty-five, such time shall be and the same is hereby extended for a further period of one year.

2. And be it enacted, That this act shall be deemed a public act and shall take effect immediately. Approved March 25, 1895.

CHAPTER CCXCIII.

A Supplement to an act entitled "An act for the punishment of crimes" [Revision], approved March twenty-seventh, eighteen hundred and seventy-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That any person who shall knowingly be engaged as a messenger, clerk or copyist or in any other capacity in or about any office or room in any building where lottery slips or copies of numbers of lists of drawings of any lottery drawn or alleged to be drawn anywhere within or without this state shall be printed, kept or used in connection with the business of lottery or lottery policy, so-called, or any person who shall knowingly have in his or her possession any paper, document, slip or memorandum that shall pertain in any way to the business of lottery-policy, so-called, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding two hundred dollars or imprisonment not exceeding two years, or both.

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

Approved March 22, 1895.

CHAPTER CCLXXXIX. An act respecting the opening, widening, extending or otherwise improving of streets, avenues and public highways in cities of the first class in this state, and providing for the payment of the same; and further providing that the assessments upon property for special benefits shall be payable in full or in installments at the option of the property's owner. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in addition to any power now vested in any board or body having control of the streets and highways of any city of the first class of this state, said board or body shall have further power either upon the application of any owner or owners of property liable to assessment for any contemplated improvement, or in their discretion to cause to be opened, widened, extended or changed as to its boundary any street, avenue or public highway in such city under the provisions of this act, and all proceedings taken hereunder shall refer to this act by its chapter number, and this act shall not be construed to affect the proceedings now provided by law regulating the subject-matters herein named, nor shall the proceedings which may be taken under the provisions of this act be abridged by the provisions of any previous act. 2. And be it enacted, That when in the opening, widening or extension of any street, avenue or public highway under the provisions of this act it becomes necessary to lay out and establish grades, and grade, curb and flag any portion or the whole of same, and to erect any viaduct, cause any filling to be made, retaining walls, bridges, abutments and approaches to be built, in order that a continuous and suitable public highway may be provided, such board or body may cause the same to be done; provided, however, that the power vested hereunder shall not be construed to embrace general paving or sewering. 3. And be it enacted, That when in the judgment of said board or body it is desirable that any street shall be opened, widened or extended and a grade established therefor, any any improvement contemplated by this act should be made, then said board or body may, by a resolution setting forth the nature of the opening, widening, extension, grade and the character of the improvement desired, direct their proper officers to prepare either a map or specifications, or both, describing therein the location and character of such opening, widening, extension, grade and improvement, together with a preliminary estimate of the amount of materials and work necessary to carry out the desired improvement, which when so prepared, presented to and adopted by said board or body shall be filed, and upon the filing thereof, the officer or officers now performing a similar duty in such city, shall cause to be place in the daily official newspapers of said city for five consecutive insertions and in any weekly official newspaper in said city for one insertion, an advertisement soliciting proposals for the doing of the work and for the furnishing of the materials necessary to complete the improvement, and when such proposal shall be presented, said board or body may at the time of such presentation or at any time thereafter, not exceeding six months, at some public meeting of said board or body, either reject any or all of said proposals or proceed to award a contract therefor in such manner as now prescribed by law in any said city for the making of improvements when the cost thereof, either in whole or in part, is payable by assessments for special benefits on property benefited thereby, which award of contract shall be provisional only and shall impose no duty or liability upon such city unless it shall be finally made by such board or body as hereinafter provided. 4. And be it enacted, That when a contract shall be awarded as aforesaid such board or body shall cause to be prepared by such officer or officers now performing a similar duty in such city a preliminary map and report of such improvement based upon such award of such contract and the amount of materials estimated as aforesaid, which said map shall show in detail the real estate or easements required to be taken for such improvement, and as far as practicable the names of the owners of such real estate as is required to be taken or any interest therein acquired and the damage to be done to any owner or owners, and shall also show the total cost of such contemplated improvement and the probable amount to be assessed upon the property specially benefited thereby, and the officer or officers so preparing said map and report shall, in the matter of real estate to be taken and of easements to be acquired and damages to be sustained, proceed in all things in the same manner as is now prescribed by law in any such city for the opening of streets when an assessment for special benefits is to be levied therefor; and upon the filing of such preliminary map and report the officer or officers now performing a similar duty in such city shall thereupon cause to be published in the official newspapers of such city a notice to parties interested in said proposed opening, widening, extension and establishing of grade of any street and any improvement, of the time and place for hearing objections thereto, which said notice shall describe the location and character of the opening, widening, extension and establishing of grade of any street and the proposed improvement, real estate to be taken or damaged and the easements to be acquired and the property to be assessed therefor, and such hearing shall not be held sooner than two weeks from the date of first publication of said notice; said notice shall be inserted in the official daily newspapers of such city for a period of five days, and in any weekly official newspapers of such city for one insertion, and at the time and place so fixed said board or body shall proceed to hear and adjudicate upon any objections which may be presented, and no opening, widening, extension, establishing of grade or any improvement shall be proceeded with under the provisions of this act if objections thereto in writing are presented to said board or body representing properties liable therefor to more than one-half of the probable assessment on the basis of preliminary map; in case objections shall not be so presented, or if in the opinion of said board or body a sufficient reason has not been presented for stopping said improvement, an award of contract shall then be finally made and payment ordered for the real estate and easements to be taken and acquired and damages sustained; provided, that no payment shall be made for real estate taken, or easements acquired, or damages sustained, except in such manner as is now prescribed by law in any such city for the acquiring of lands for the opening of streets; and provided f urther, that if there is now required in any such city the concurrence of any other board or body in the final award of contract for assessable improvements and in the payments of awards for real estate taken, or easements acquired, and damages sustained, such concurring power shall not be dispensed with. 5. And be it enacted, That it shall be the duty of such city to pay for such real estate as may be taken or easements acquired, and for such damages as may be sustained in carrying out the provisions of this act, in the same manner as payment is now made in any such city for like purposes, when an assessment is to be levied for special benefits, and to pay for such work and materials as may be required by temporary bonds or improvement certificates, which bonds or certificates shall upon their face indicate the improvement for the payment of which they are so issued, by virtue of the provisions of this act; and it shall be the duty of the proper officer or officers of such city to keep a record of all bonds or certificates so issued, which said bonds or certificates shall be payable at the option of the city and within six years from the date thereof, and shall bear interest at a rate not exceeding five per centum per annum, payable semi-annually, from the first day of January or July next succeeding the date of issue; that the said bonds or certificates shall, as far as practicable, be issued in sums and for amounts of one hundred dollars and multiples thereof, and shall be negotiable, and shall not be subject to defense by the city causing the same to be issued, except such defense as might be interposed to the payment of bonds issued in such city for like improvements, and such bonds or certificates shall not be subject to taxation in the hands of the holder; and in case the amount assessed for special benefits on the property specially benefited does not equal the whole cost of the improvement, and any portion of the cost of such improvement is required to be borne by the city at large, said city shall provide for the payment thereof in such manner as is now provided by law in such city for payments where any part of the cost of an improvement, proposed to be paid by assessments upon property specially benefited, is placed upon the city at large. 6. And be it enacted, That upon the completion of the work done by contract as herein provided, the said board or body having control of streets and highways in such city shall cause to be filed with the commissioners of assessment, or the officer or officers now levying assessments upon property specially benefited by an improvement, a statement showing the entire cost of said improvement, and such commissioners of assessment, officer or officers shall proceed to make the assessment and prepare a report and map showing the benefit to each lot or parcel of land which is specially benefited by reason of the opening, widening, extension and the establishing a grade of any street and the making of any improvement; and said assessment when so made shall be filed with the clerk of the board or body making the opening, widening, extension and the establishing a grade of any street and the improvement, whereupon notices by publication shall be given to the owners of the property liable to assessment therefor, which said notices shall name the time and place for the hearing of objections, and shall be published in such manner and for such length of time as heretofore provided in this act for the notice of hearing the preliminary map and report, and at the time and place so fixed in said notice said board or body shall then proceed to hear and adjudicate upon all objections which may be presented in writing against the confirmation of final assessment, and said board or body shall have the authority to confirm the same as a whole, or refer the same back to said commissioners of assessment, officer or officers making the same, for further consideration, and the proceedings thereon shall be conducted in the same manner as the making of the original assessment, and the final action thereon shall be shown in the resolution of confirmation; and a copy of said final assessment map, on which shall be slated the date of confirmation, shall then be filed with the officer or officers upon whom devolves the duty of collection of assessments in any such city.

7. And be it enacted, That after the confirmation of said assessment as herein provided the property owner or owners shall have five years from the date when the annual tax is payable, next after the making of the aforesaid assessment, in which to pay for the same; the amount assessed against each piece of property shall bear interest at the rate of six per centum per annum from the date of confirmation; and such payment may be made immediately after confirmation or in five equal annual installments as follows: the first installment is to be due and payable when the annual tax is payable, next after the making of the aforesaid assessment and confirmation, and each installment thereafter shall be due and payable on and after the date of payment of annual taxes of each year in said city, together with interest computed at the rate aforesaid upon the unpaid balance of such assessment, and the property owner or owners shall, at any time after the aforesaid confirmation, have the right to pay the said assessment or any amount remaining unpaid thereon, with interest as aforesaid, from the date of confirmation to the date of payment; all payments herein provided for shall be paid to the official or officials authorized to receive the payment of assessments in such city. 8. And be it enacted, That all property against which said assessment is made shall be subject, as to each annual installment, to the laws now in force for the collection of taxes and assessments, and all such assessments and installments shall be enforced and collected in the manner now or hereafter provided by law for the collection of taxes and assessments; and it shall be lawful for such city through its proper board to provide by ordinance or resolution for such enforcement and collection in accordance with the provisions of this act and the laws of this state. 9. And be it enacted, That in order to take advantage of the provisions of this act and put and keep the same in operation in such city, such board or body ordering the opening, widening, extension or establishing of grade of any street and the contract work herein authorized shall pass a resolution including therein an itemized statement of the cost of advertising done as herein directed, and any and all costs not herein mentioned and which may have been necessarily incurred to carry out the provisions of this act, which statement shall not include any amount of said costs as before referred to which represents any amount placed upon the city at large by reason of the assessments on property specially benefited by the improvement not equaling the cost of the improvement, and shall forward such resolution and statement to the board or body in such city having the control of the finances thereof; and such last-named board or body shall borrow such sum or sums of money so included in such resolution and statement in anticipation of the collection of taxes to be thereafter levied, and to issue evidences of indebtedness therefor at a rate of interest not exceeding five per centum per annum; provided, that any money borrowed as aforesaid shall be met and paid by an appropriation to that board having borrowed the money as aforesaid, the same to be placed in the tax levy next thereafter to be levied in any such city.

10. And be it enacted, That the board or body in any such city having control of the finances thereof, shall provide such sum or sums as may be necessary to acquire any real estate or easements therein for the purposes of this act to provide for any payment and for damages to such real estate as hereinbefore provided, and are empowered to issue evidences of indebtedness therefor at a rate of interest not exceeding five per centum per annum, and such certificates of indebtedness shall subsequently be redeemed when the assessments levied for special benefits hereunder are collated, or in such other manner as said board or body may direct.

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

Approved March 22, 1895.

CHAPTER CCXCIV. A Supplement to an act entitled "An act providing for the establishment of schools for

industrial education," approved March twenty-fourth, one thousand eight hundred and eighty-one.

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

4. And be it enacted, That there shall be a board of trustees of each of such schools, which shall consist of the governor and the mayor or other chief executive officer of the city, town or township in which such school is located, as ex-officio members, and eight other persons to be chosen and appointed by the governor as follows: within thirty days after the passage of this act the governor shall choose and appoint eight persons, resident in the city, town or township in which such school is located, as members of such board of trustees for the following terms, two for the term of one year, two for the term of two years, two for the term of three years, and two for the term of four years; and thereafter two trustees shall be appointed in like manner each year for a full term of five years; and the official terms of all trustees in office at the time of the passage of this act shall terminate and expire upon the making of the appointments aforesaid, and the trustees appointed hereunder shall take office immediately upon their appointment, and shall continue in office until their successors are appointed, and any vacancy that may occur in said board of trustees shall be filled by appointment in like manner for the unexpired term only; the said board of trustees shall have control of the building and grounds owned and used by such schools, the application of the funds for the support thereof, the regulation of the tuition fees, the appointment and removal of teachers, the power to prescribe the studies and exercises of the school, and rules for its management, to grant certificates of graduation, to appoint some suitable person treasurer of the board, and to frame and modify at pleasure such by-laws as they may deem necessary for their own government; they shall report annually to the state and local boards of education their own doings and the progress and condition of the schools.

2. And be it enacted, That all acts or parts of acts inconsistent herewith are hereby repealed, and this act shall go into effect immediately.

Approved March 22, 1895.

CHAPTER CCXCI.

An Act to authorize incorporated towns in this state governed by boards of commissioners either separately or jointly, either with other boards of commissioners of incorporated towns or with townships in this state, to acquire and own lands for hospital purposes and to erect and maintain thereon hospitals and to pay for the same, and to convey such lands or any portion thereof when not needed for hospital purposes.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever the board of commissioners of any incorporated town in this state shall deem it advisible to provide a hospital for persons have contagious diseases, and for other hospital purposes, it shall be lawful for any such board of commissioners of such incorporated town to acquire and own lands in the corporate name of such incorporated town, whether such lands are situate in said incorporated town or out of it, for hospital purposes, and to erect and maintain thereon a hospital and to pay for the same from any money or funds of such incorporated town not otherwise appropriated, or to obtain temporary loans for the purpose and provide for payment of such loans in the succeeding tax levy by taxes to be assessed and collected in the same manner as other taxes are assessed and collected for such incorporated town, and to convey such land as is acquired, or any portion thereof, when not needed for hospital purposes; but when such lands are situate out of the limits of any such incorporated towns or acquire title to the lands, then before using such lands for hospital purposes for persons having contagious diseases, there should be obtained the consent of the township committee or other governing body of the township or other municipality within the limit of which such lands lie and such hospital is erected, that the same may be used for the purpose aforesaid; but the total expenditure for lands and buildings for hospital purposes shall not exceed one-tenth of one per centum of the total sum of assessment for one year, for the purpose of taxation in such corporated town, as shown by the duplicate, or other records of assessments for the previous year.

2. And be it enacted, That it shall be lawful for the board of commissioners of any two or more incorporated towns, either with each other or the boards of commissioners of one or more incorporated towns with one or more townships, to jointly exercise all the power and authority given to separate boards of commissioners of incorporated towns in the first section of this act, and such boards of commissioners of incorporated towns are hereby authorized to make all necessary agreements for the purpose of so doing, and for doing all that any board of commissioners of any incorporated town is authorized to do separately by said first section of said act, including the power and authority to acquire and convey as aforesaid land inside or outside the limits of any incorporated town. 3. And be it enacted, That any hospital or hospitals which may be provided under the provisions of this act, shall be in charge and under the control of the board of commissioners or the incorporated town which acquires land and provides hospital buildings as aforesaid, but when the boards of commissioners of two or more incorporated towns, or the boards of commissioners of one or more incorporated towns, with one or more townships, jointly provide a hospital as any board of commissioners of any incorporated town or incorporated towns are authorized to do in section two of this act, then such hospital shall be in charge and under control of the boards of commissioners of the two or more incorporated towns or the boards of commissioners of one or more incorporated towns, exercised jointly with the township committee of such township or townships as the case may be.

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

effect immediately.

Approved March 22, 1895.

CHAPTER CCCIII. An Act to amend an act entitled "An act to amend an act entitled 'A further supplement to an act entitled "An act concerning corporations" [Revision], approved April seventh, one thousand eight hundred and seventy-five,' which said supplement was approved February twenty-fourth, one thousand eight hundred and ninety-two," which act was approved April twenty-fifth, one thousand eight hundred and ninety-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the first section of an act entitled "An act to amend an act entitled 'A further supplement to an act entitled "An act concerning corporations" (Revision), approved April seventh, one thousand eight hundred and seventy-five,' which said supplement was approved February twenty-fourth, one thousand eight hundred and ninety-two," which act was approved April twenty-fifth, one thousand eight hundred and ninety-four, be and hereby is 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 first section of said act 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 upon the dissolution of any corporation organized under the act to which this is a further supplement, or any amendment or supplement thereto, the president and directors, acting as trustees to settle the affairs of said corporation, shall, in cases not already provided for by law, have power to meet an act under regulations to be fixed and determined upon by a majority of said trustees, and shall have power to determine when and how and where the property, real or personal, of said corporation shall be sold, whether in parcels or as a whole, and shall sell all or any part for cash, or partly on credit, or take mortgages not exceeding fifty per centum of the purchase price secured by bonds, for part of the purchase price for all or any of said property, and to fix the terms and conditions of the sale of all or any part of said property; and when the distribution of the property in whole or in part shall be by allotment between the respective shareholders, deeds and suitable instruments of transfer of the lands, shares of stock and other property, so alloted or set off to each shareholder, shall be made and delivered by the trustees to each shareholder upon payment of the amount of his share of the expenses and indebtedness of said corporation as determined by said trustees; and upon the failure or refusal of any shareholder to pay the same, the said trustees shall have power to sell, at public sale, the lands, shares of

stock and other property so allotted or set off to him, or so much thereof as shall be necessary to satisfy and pay said amount and the expenses of such public sale. 2. And be it enacted, That this act shall take effect immediately, and all acts and parts of acts inconsistent herewith be and the same hereby are repealed. Approved March 22, 1895.

CHAPTER CCXCVIII. A Supplement to an act entitled "An act constituting courts for the trial of small causes" [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 in all cases of appeal from the judgment of

any justice of the peace, it shall and may be lawful for either party to the appeal, upon giving notice in writing to the clerk of the court of common pleas of the county, on or before the first day of the term to which the appeal shall have been sent up, if the trail be

had at that term, or if not, then on or before

the first day of the term at which such appeal shall be tried, to demand a trial of said ap-

peal by jury, and upon receiving such notice said clerk shall file the same in his office, and the said appeal shall be tried by a jury, and the sheriff shall return a jury either immediately or at such future time as the said court shall direct, and that by order of the court and without writ.

2. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, and that this act shall take effect immediately.

Approved March 22, 1895.