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this act shall take effect immediately, and all acts and parts of acts inconsistent herewith be and the same hereby are repealed.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 CCCIV. A Further Supplement to an act entitled "An act for 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 when any borough shall heretofore have been organized or attempted to be organized under and by virtue of the provisions of the act to which this is a supplement, and the territorial limits and boundaries of any such borough shall have been duly fixed and determined in accordance with the provisions of said act in the petition for such incorporation, without any action or decision with reference to such boundaries upon the part of the judge to whom such petition for incorporation shall have been presented, then and in such case the said territorial limits and boundaries of any such borough so organized or attempted to be organized shall be taken, and the same are hereby declared to be the lawful territorial limits and boundaries of such borough; provided, that no act has heretofore been passed by the legislature affecting said territorial limits and boundaries by the creation of new municipalities or otherwise. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCV. An Act concerning the tenure of office of city marshals in cities of the third class.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That

the term of office of the city marshal hereafter elected in any city of the third class shall be three years.

2. And be it enacted, That all acts or parts of acts, either general or special, inconsistent with the provisions of this act, be and the same are hereby repealed.

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

Approved March 22, 1895.

CHAPTER CCCVI. A Further Supplement to an act entitled "A further supplement to an act entitled 'An act respecting bridges' (Revision), approved April tenth, one thousand eight hundred and forty-six," which supplement was approved April eighteenth, one thousand eight hundred and eighty-nine, and which further supplement was approved April twentyfirst, one thousand eight hundred and ninety. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the supplement to the act approved April twenty-first, one thousand eight hundred and ninety, entitled "A further supplement to an act entitled 'An act respecting bridges' (Revision), approved April tenth, one thousand eight hundred and forty-six," shall 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

where any stream, creak or river shall be the dividing line between any two or more counties of this state, the boards of chosen freeholders of said counties shall erect, rebuild, maintain and keep in repair suitable bridge or bridges across the waters, water-way or water-ways of such streams, creeks or rivers, at the joint expense of such counties, whether the waters of such stream, creek or river shall flow in one or more separate channels or water-ways; provided, however, that in case it shall be necessary to erect a bridge or bridges at a point on such stream, creek or river where the same shall flow in two or more channels or waterways, the place where said stream, creek or river divides shall not be more than five hundred yards from the place where said channels or water-ways shall again join and flow as one channel or waterway; and provided, further, that this act shall not apply to any bridge over any stream, creek, river, water-way or channel that has been caused by the erection of any mill or mills for waste waters or race-ways from and to the same; provided, however, that said mill or mills and such stream, creek, river, water-way or channel caused by the erection of said mill or mills for waste waters or race-ways to and from the same, shall be in the same county. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCIX. A Supplement to an act entitled "An act to secure to creditors an equal and just division of the estates of debtors who convey to assignees for the benefit of creditors" (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 it shall be lawful for the orphans' court of any county in this state in which the debtor who has made a conveyance to assignee or assignees, under the provisions of the act to which this is a supplement resides, upon the application of such, assignee or assignees to make an order fixing a time not less than four weeks from the date of said order, requiring creditors to present their claims against the said debtor under oath or affirmation to the said assignee or assignees, or else to be forever barred from coming in for a dividend of said estate, unless by special order of the said court on an application made to it for that

purpose; provided, however, notice of said shall be published in some newspapers, designated in and by said order of the court for such time as may therein be designated, which shall not be less than three weeks before the

expiration of the time limited in and by said order.

2. And be it enacted, That within thirty days after the time limited for the presentation of claims as aforesaid, the said assignee or assignees shall file in the office of the surrogate of the county a true list of all the claims which had been presented to him or

them, as provided in the foregoing section, which said list of claims shall be verified under oath or affirmation.

3. And be it enacted, That it shall and may

be lawful for the said orphans' court upon application being made to said court by said

assignee or assignees, to order a sale and con-

veyance of any of the property of said debtor, either public or private, as may seem in the judgment of said court best for the inter-

est of said estate, and the giving of good and sufficient conveyance in the law therefor, and authorizing and empowering the said assignee or assignees to take such steps as in the care, management and disposition of said assigned estate as a court of equity might do if the same had been in the custody and management of a receiver appointed by said court. 4. And be it enacted, That all acts and parts of acts inconsistent with this act be repealed, and this act take effect immediately.

Approved March 22, 1895.

CHAPTER CCCX.

An Act concerning assessments for benefits for street improvements in boroughs in this state, and providing for a new assessment or

new assessments.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in

all cases where any assessments for benefits

conferred by the improvement of any street or streets, or any part of any street in any borough in this state, has or have been or shall be reversed or set aside on removal by certiorari or other process, and such improvement shall have been actually made in the manner provided by the act under which such

borough is or shall be incorporated, it shall

be the duty of such board, body, commissioners or committee as is or shall be vested with power to make an original assessment for benefits for like improvements by the act under which such borough is or shall be incorporated, to make new assessment or assessments of the several amounts which each property adjoining the said street, streets or portion of street upon which such improvement has been made, has been benefitted by such street improvement, and file such assessment or assessments with the clerk of such borough, whereupon the same shall become a lien upon the property or properties so assessed in the same manner and with like effect and enforceable in the same manner as is provided by the act under which such borough is or shall be incorporated, or any act appropriate thereto, in case of an original assessment for like improvements.

2. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed, and this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCXIX. An Act to amend an act entitled "An act concerning corporations," passed March second, one thousand eight hundred and eighty-two. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section one of the act entitled "An act concerning corporations," passed March second, one thousand eight hundred and eighty-two, 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 in all cases where the bonds of any corporation created by or organized under any act of the legislature of this state have been issued and which bonds are due or about to become due or may be paid by such corporation at its option, it shall be lawful for the board of directors of such corporation to increase its capital stock in order to provide means for the payment of such bonds, and for that purpose to issue and sell the shares of such increase of capital stock for cash only, and in such manner as they deem best, at a price not below the par value of such shares; but no greater number of shares shall be issued or sold than shall be sufficient to raise an amount sufficient for the payment of the principal sums secured by the said bonds and the interest accrued thereon; and certificates of stock shall be issued to the purchaser of such additional shares, upon payment in cash of the purchase price thereof, and the holders of the said shares of the increased capital stock hereby authorized, shall possess and exercise the same rights and privileges in all respects as are possessed and exercised by the holders of the other shares of the capital stock of said corporation, and the proceeds of the sale of the shares representing such increase of capital stock shall be applied to the payment of such outstanding bonds as aforesaid, and to no other purpose whatever.

2. And be it enacted, That section two of said act shall be amended so as to read as follows: 2. And be it enacted, That if like capital stock of any corporation shall be increased, as is authorized by the preceding section of this act, it shall be the duty of its president and secretary, within thirty days thereafter, to make a certificate under their respective oaths or affirmations, setting forth what bonds of such corporation have been paid by the proceeds of increased capital stock, and the number of shares of the increased capital stock thereof that have been issued for that purpose, and to cause such certificate to be filed and recorded in the office of the secretary of state of this state. 3. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCXII. 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 of any city in this state whose charter and no general law applicable thereto does not provide for the alteration or widening of streets, upon the written request of the majority of the properties fronting on any street or any square proposed to be altered or widened, by ordinance to alter or widen any street or alley already laid out and opened within said city and to take and appropriate for such purposes any lands and real estate upon making compensation to the owner or owners thereof, as is hereinafter mentioned and provided; and they may, at their discretion, by ordinance, accept such lands as may be dedicated by the owner thereof as public streets or alleys, and thereupon shall be bound to keep up, repair and maintain the same to the same extent that they may be bound to keep up, repair and maintain streets or alleys laid out by other legal proceedings. 2. And be it enacted, That whenever the city council shall determine, by ordinance, as aforesaid, to alter or widen any street or alley, or any part of a street or alley, and to take and appropriate for such purpose any lands or real estate, they are hereby authorized to treat with the owner or owners thereof, and make such compensation therefor as they shall judge reasonable, and thereupon shall receive from such owner or owners a conveyance of such lands and real estate to the city, and such compensation shall constitute a part of the whole amount of costs, damages and expenses to be assessed under and in pursuance of the provisions contained in this act.

3. And be it enacted, That when the said city council cannot agree with the owner or owners of such required lands or other real estate for the same, or when by reason of the legal incapacity or absence of any such owner or owners no such agreement can be made, it shall be lwaful for the board of city assessors, and they are hereby required, upon application in writing of the said city council, signed by their presiding officer, which application shall specify the improvement and the land or other real estate, with the appurtenances intended to be taken for such purpose, to make an estimate and assessment of the damage that any such owner or owners will sustain thereby, and in estimating and assessing such damages the said board of assessors shall have due regard as well to the value of the land or other real estate, with the appurtenances, as to the injury or benefit of the owner or owners by the making thereof, and it shall be the duty of the said board of assessors, after estimating said damages, to assess the amount thereof, including the sums which may have been agreed upon as the price of any of the lands or other real estate to be taken for such purpose; where agreement has been made with the owner or owners, and also the costs and expenses incurred, upon all the owners of land and real estate in such city peculiarly benefited thereby in proportion as nearly as may be to the advantage each shall be deemed to acquire, specifying in such assessment such lots or subdivisions of lots, designating the lots and subdivisions of land so benefitted by the letters and numbers by which they are distinguished on the city atlas, together with the name of the respective owner or owners thereof, and the amount assessed on each lot, which said assessment shall be embraced in the report of the said board of assessors hereinafter directed to be made; and in case where the city council shall agree with the owner or owners of such lands as to the compensation therefor the board of city assessors shall make their estimate for damages in accordance therewith.

4. And be it enacted, That in making every assessment required to be made by the provisions of this act when any land or real estate is taken or condemned, the said board of assessors shall first estimate and assess in the manner herein required, the damages sustained by the owner or owners of the lands and real estate taken therefor; and af-

ter having ascertained the amount of such damages they shall declare in their report

thereof the cost and expense incurred, which

shall include the damages awarded, and they

shall thereupon at once proceed to make an estimate and assessment of the benefits conferred by the said improvement, as required herein, and they are hereby authorized to de-

clare the damages awarded and benefits as-

sessed in one report, or they may make their report of the damages and benefits separate-

ly, as they may deem best.

5. And be it enacted, That after the filing of any such report, the same shall be at the next meeting of the city council presented by the city clerk, and the same being ratified by the city council shall be binding and conclusive upon the owner or owners of any such lands and real estate; and the lands condemned for any such improvement shall thereupon be and become the property of the city for the purposes for which the same are condemned; provided, however, that any person or persons conceiving himself, herself or themselves aggrieved by the proceedings of the said city council or of the said board of assessors in making an estimate and assessment of damages may appeal therefrom to the supreme court of this state within thirty days after the time of the making of the final order of the city council confirming the said report; and the supreme court shall order a trial by jury to assess the damages sustained by the aggrieved party, the trial whereof shall be conducted as in other cases of trial by jury; and the said court shall have power to order an issue framed and proper proceedings to be had for this purpose. 6. And be it enacted, That in case of non-payment on demand for any damages estimated and assessed as aforesaid, with interest, from the date of the confirmation of such assessment, in case of no appeal to the supreme court as aforesaid, the person or persons entitled thereto may sue for and recover the same from the said city in an action of debt, with costs, in any court having cognizance thereof; and the said proceedings of the said commissioners and the city council or the award of the said jury, as the case may be, shall be conclusive evidence against the defendant; provided, however, that where benefits for any such improvement have been assessed against any person or persons entitled to any award of damages, no recovery shall be had of the damages awarded until such benefits have been paid, and it shall be lawful for the said city to offset the benefits so ascertained against the damages so awarded; and if in any case the damages awarded exceed the benefits asseessed the balance only shall be recovered; if the benefits assessed exceed the damages awarded, then the excess may be collected in the manner hereinafter provided. 7. And be it enacted, That the city treasurer shall, under the direction of the city council, tender and pay the owner or owners of such land and real estate if resident in the said city, the amount of such estimate and assessment of damages due him or them, and if any such owner is not resident in said city, or on due inquiry cannot be found therein, or is a lunatic or idiot or under age, or if for any other lawful cause incapacitated to receive the same, or if such owner will not receive the same and sign a proper voucher therefor when tendered, then in the said treasurer shall make affidavit of such fact and file the same with the city clerk; and the city council shall thereupon direct the amount of such assessment so due as aforesaid to be placed in the city treasury for the use of the person or persons to whom it may be due; and the said money to placed in the city treasury shall be paid by such city to the person or persons entitled thereto on demand, but without interest, except from the time demand is made and payment after demand refused. 8. And be it enacted, That before making any assessment for benefits against any owner or owners of lands and real estate benefitted, the said board of assessors shall give notice in the manner hereinbefore directed of the time and place where and when they will meet for the purpose of considering the same, at which time and place all persons interested therein may be heard, and the said board may adjourn such hearing from time to time until they have completed the consideration thereof and made report thereon as herein directed; and any person who may deem himself aggrieved thereby may present his objections to any such report to the city council of said city at its next stated meeting after the filing of such report; and if the said city council shall refuse to ratify the same it shall be returned by the said city council to the said board of assessors for further consideration, and so from time to time until such report shall be duly ratified and confirmed. 9. And be it enacted, That upon the ratification of any such assessment of benefits, the report thereof shall be transmitted immediately to the officer charged by law with the collection of taxes, and it shall be the duty of such officer thereupon to give notice, in two of the newspapers published in said city, that such assessments have been duly returned to him for collection; all such assessments shall draw interest from the date of confirmation at the rate of seven per centum per annum, and with the costs of collection shall be and become, from the date of confirmation, a first and paramount lien upon the lands and real estate so assessed, which lien shall remain until such assessment is paid.

10. And be it enacted, That it shall be the duty of the collector of taxes to whom any such assessment shall have been returned, in addition to the publication of the return thereof to him for collection as herein provided, as far as practicable, to cause a notice to be given to every person assessed of the amount of assessment so made against him or her, with the costs which have been incurred in the collection of the same and the interest which has accrued thereon; but if, for any reason, such notice is not given to or received by the person or persons assessed, it shall in no way impair the right of the city to collect the assessment so made; in all cases in which assessments so made and returned shall remain unpaid for the space of six months from the date of confirmation, it shall be lawful to collect the same by a sale of the property assessed, and it shall be the duty of the said collector within one year after any such assessment shall have been returned to him, to make sale thereof as herein directed; he shall, before making such sale, make advertisement thereof in two of the newspapers published in said city for the space of four weeks, at least once each week, giving notice of the time and place of sale, together with a description of the lot of tract of land assessed by the letter or number by which it is designated on the city atlas, and specifying the amount of money assessed, laid out and expended on the same; and he shall at the time and place so designated sell the said land and real estate, at public sale, for the lowest term of years at which any person will agree to take the same, not exceeding fifty years, to pay the assessment, with interest thereon, and all other expenses incurred subsequent to the confirmation thereof; and thereupon the mayor of the said city, at the request of the city council, and under its corporate seal, shall make, execute and deliver a declaration of sale to the purchaser thereof, and such purchaser, his executors, administrators or assigns, by virtue thereof and under the authority of this act, shall lawfully hold and enjoy the said lands and real estate, for his and their own proper use, until said term shall be fully completed and ended; and they shall be at liberty to remove therefrom all buildings and improvements they shall erect or place thereon during the said term, and every such purchaser, his heirs and assigns, shall pay taxes which shall be lawfully assessed against the said lands and real estate during said term; provided, however, that if the owner of any such lands and real estate, or any person having an estate therein, or any mortgage thereof, shall within six months after such sale, pay to the purchaser, his executors, administrators or assigns, the amount of money so paid by him to said city, with the amount paid for any improvements made therein, and all taxes paid by such purchaser with interest at the rate of twelve per centum per annum, such owner, or persons having an estate therein, or mortgage, as the case may be, shall be entitled to re-enter and re-possess the same and have such rights therein as if the said sale had not been made. 11. And be it enacted, That it shall be lawful for the city council in every case to cause so much of the cost, damage and expense of any public improvement authorized by and made under the authority of this act, as represents the special and peculiar benefit conferred upon the owners of land and real estate benefited thereby, to be assessed thereon in the manner herein provided, in proportion to the benefit each shall be deemed to receive, the balance of such cost, damage and expense to be imposed upon and borne by the city and provided for by general taxation; or the said city council may, at its option, provide that the entire expense of any such improvement shall be borne by the city at large and shall have power, within the limitations herein imposed, to provide therefor by taxation. 12. And be it enacted, That all assessments upon lot owners in said city which may be made for any purpose authorized by this act, or to be authorized by law, shall be made upon the lots or subdivisions of lots as they stand recorded on the city atlas; and in advertising the same for such assessment or for taxes, or in entering liens thereon, it shall be sufficient to describe said lot or subdivisions of lots by the letters and numbers and streets by which they are distinguished on the city atlas, together with the name or names of the owner or owners thereof, as the same appears in the register by the city surveyor, if in any case the name of the owner or owners is unknown, and cannot be ascertained, such assessments may be made against the lots as so designated, with the declaration that the owner's name is unknown.

13. And be it enacted, That whenever, by the judgment of any court wherein any certiorari has been is or may be brought, or any assessment made under the provisions of this act has been or is set aside or reversed for irregularity or informality in such assessment, it shall be lawful for the city council to cause a new assessment to be made of so much of the amount of the original assessment as may be set aside, or of the amount thereof still remaining unpaid, to become a lien as of the date of the confirmation of the original assessment and to be proceeded with in all respects in conformity with the provisions of this act and the laws relating thereto. 14. And be it enacted, That whenever, by reason of any informality or illegality in any proceedings of the said city council or of the board of city assessors, surveyors or other agent of the city council or official of the city, in altering or widening a street or alley, any assessment shall be set aside by judicial authority, it shall be lawful for the city council to reinstitute the proceedings set aside, upon the same basis upon which the original proceedings were based, or otherwise if they see fit so to do, and lawfully proceed therein the same as though the former proceedings had not been had, or the said city council may reinstitute said proceedings from the point where such informality or illegality may have been so decreed, and whenever the city council shall discover that any such proceedings are liable to be set aside by judicial authority, they may reinstitute said proceedings from the point where such informality or illegality commences, and no assessment shall be deemed invalid in consequence thereof, but no writ of certiorari shall be allowed or issue to remove any assessment made upon the owner or owners of lands or real estate for any work or improvement made or to be made unless the same be applied for within sixty days after the confirmation of such assessment by the city council of such city. 15. And be it enacted, That whenever any public improvement shall be made, or ordered to be made, under the provisions of this act, and the expense thereof ordered to be assessed by the board of city assessors, and any member of the board of city assessors shall be interested in said improvement, either as an owner of property to be taken or to be assessed, or in any other way, except merely as a taxpayer in said city, such assessor shall not be deemed competent to assist in making the assessment connected with such improvement, but the city council shall, by a majority vote of all its members, elect some disinterested resident in said city to act with the remaining members of the board of assessors in making said assessments; such person, before entering upon his said duties, shall take and subscribe an oath or affirmation before the city clerk, to be filed by him, faithfully and honestly to perform said duties; no report of assessment shall be considered illegal in consequence of the incompetency of any of the persons making such report, if a majority of the persons making such assessments were competent and disinterested; and it shall be lawful for the city council to make such reasonable compensation for the service of any person so appointed to fill such vacancy as it may determine. 16. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCXIV. A Supplement to an act entitled "An act for the preservation of clams and oysters" [Revision], approved April fourteenth, one thousand eight hundred and forty-six.

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 be unlawful for any person or persons to take from the natural beds beneath the w aters of this state, by means of boats, tongs, dredges, rakes or otherwise, any clams the shells of which will measure less than one and one-half inches in length; and every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, at the discretion of the justice for whom the case is brought.

2. And be it enacted, That any person or persons buying, selling, or offering to buy or sell, any clams the shell of which shall measure less than one and one-half inches in length shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, at the discre-

tion of the justice before whom the action is brought; and that the oyster commissioners of their respective districts are hereby empow-

ered to make all necessary arrests for violations of the provisions of this act.

3. 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 CCCVII.

A Further Supplement to an act entitled "An

act to establish and regulate pilots for the ports of Jersey City, Newark and Perth Amboy, by the way of Sandy Hook," approved April seventeenth, one thousand

eight hundred and forty-six.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the sum of twelve hundred dollars shall be the annual appropriation for the state board of commissioners of pilotage, to be expended by them in defraying the expenses of the enforcement of the laws in relation to obstructing in the channels and harbors, and to prevent the

dumping of mud and other refuse matter in

obstructing navigation, and for such other purposes as they may deem advisable and as

they may direct.

And be it enacted, That the treasurer of this state is hereby authorized, upon the warrant of the comptroller, to pay to the president of the board of pilot commissioners, from any money not otherwise appropriated, the sum provided for in the first section of this act.

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

CHAPTER CCCXI.

Supplement to "An act respecting the orphans' court, and relating to the powers and duties of the ordinary and the orphans' court and surrogates," approved March twentyseventh, one thousand eight hundred and

seventy-four.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall not be necessary for any executor or administrator, under any last will and testament heretofore made, or which may hereafter be made, who is entitled to all the personal estate of the testator after payment of debts and specific bequests, legacies or trusts to file an inventory or settle his accounts in the surrogates' office, unless required to do so as hereinafter set forth; provided, such executor or administrator shall, within one year after probate of said will, or such further time as the orphans' court of the county in which said will was proved, shall for good cause shown allow record in the surrogates' office of the county in which his letters testamentary or of administration with the will annexed shall have been granted, full receipts, releases and discharges from the persons entitled to such specific bequests, legacies or trusts, or satisfactory proof by affidavit that such specific bequest or legacy has been paid or transferred and delivered to said legatee, or his or her attorney or agent; and provided, further, that any person interested in the estate may apply to the orphans' court of the county wherein said will may have ben or may be proved; and upon such application such court, on notice given to said executor or administrator in the manner directed by the court, and on consideration of the circumstances of the case, may make order requiring said executor or administrator to file an inventory and to settle his accounts, and thereupon said executor or administrator shall proceed and file an inventory and settle his accounts in the same manner as other executors or administrators are or may be required by law to do; and provided, further, that all the powers and authority granted by this act to the orphans' court may be exercised by the ordinary in cases where the will shall be admitted to probate or letters of administration with the will annexed granted by him. 2. And be it enacted, That all acts and 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 CCCXX. An Act to amend the supplement to an act entitled "An act for the organization of the national guard of the state of New Jersey," approved March ninth, one thousand eight hundred and sixty-nine, which supplement was approved March seventeenth, one thousand eight hundred and ninety-three. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the supplement to the act for the organization of the national guard, approved March ninth, one thousand eight hundred and sixty-nine, which supplement was approved March seventeenth, one thousand eight hundred and ninety-three, be amended so that the second section shall read as follows: That the second section shall read, "That all surgeons, assistant surgeons and hospital stewards, commissioned or warranted, as officers of the national guard, and all other persons who may hereafter be commissioned or warranted as surgeons, assistant surgeons and hospital stewards, with specified rank, shall constitute a part of the medical department of the national guard, and shall be under the medical control and direction of the surgeon-general, and that the hospital and ambulance corps now attached to the headquarters of each brigade of the national guard shall be consolidated into one corps, which corps, including such persons as may hereafter become members of it, shall be known as the hospital and ambulance corps, and shall be under the direction and control of the surgeon-general, but they may be detailed or assigned to duty in connection with any organization or organizations of the national guard by the commander-in-chief or major-general when the said corps or any part of it so detailed shall be under the military direction of the commanding officer of the organization or organizations to which the said corps or a part thereof is assigned, and that all persons connected with this corps shall be regular members of the national guard and entitled to all the rights and privileges commonly accorded by law to members of the national guard. 2. And be it enacted, That the third section of the said supplement shall be amended to read as follows: That the commander-in-chief, on the recommendation of the surgeon-general, shall appoint one assistant surgeon-general, with the rank of colonel; one medical inspector, with the rank of lieutenant-colonel; two hospital and ambulance corps officers, to have the immediate command of the hospital and ambulance corps, one with the rank of captain of calvary, and one with the rank of first lieutenant of cavalry, all of whom shall be officers of the department medical staff and under the direction and control of the surgeon-general. 3. And be it enacted, That the fourth section of the said supplement shall be amended to read as follows: That the surgeon-general or such other officer or officers of the national guard as may be authorized by him to act, may collect a hospital and ambulance corps not to exceed sixty men; provided, that all persons who are now members of the hospital and ambulance corps shall continue to be members of that corps until discharged from the national guard services and that shall be included as a part of the sixty men authorized to be enlisted, no re-enlistment on their part shall be necessary; but as vacancies in the said corps may occur enlistments may be made to the full quota authorized, and that the surgeon-general may recommend to the commander-in-chief, to be warranted as a non-commissioned officer, one enlisted man for each six men enlisted in the said corps; these non-commissioned officers shall rank as sergeants, and any regular graduate of medicine or pharmacy, or student of medicine or pharmacy, enlisted in the said corps, may be warranted as a sergeant and designated as a medical cadet; provided, the number of authorized non-commissioned officers is not increased thereby, and that the state military board, on the recommendation of the surgeon-general, and with the approval of the commander-in-chief, shall have power to make such regulations as may be considered necessary for the military government, discipline and equipment of said corps. 4. And be it enacted, That there shall be a hospital and ambulance corps court-martial appointed by the surgeon-general, consisting of one commissioned officer attached to the corps and two sergeants or medical cadets; they shall hold sittings as may be directed by the surgeon-general; the commissioned officer shall be the president of the court, and one of the members shall be appointed by the president as recorder; they shall have jurisdiction over the enlisted men of the corps and shall have power to impose such fines and penalties as may be provided by order of the surgeon-general; an affirmative vote of the majority of the members of the court shall be necessary for conviction, of whom the commissioned officer must be one, but no member of the corps shall be expelled without the approval of the surgeon-general is had to the findings of the court. 5. And be it enacted, That the fifth section of the said supplement is hereby repealed. 6. And be it enacted, That the sixth section of the said supplement shall be amended to read as follows: That there shall be paid to the quartermaster-general by the proper state officer from state funds not otherwise appropriated on the first Monday of April of each year, the sum of one thousand dollars for the maintenance and support of the medical department of the national guard, including the hospital and ambulance corps; that this sum shall include the cost of purchase of uniforms and equipments for the hospital and ambulance corps, medicines, surgical instruments and dressings, ambulances, litters, medical chests and panniers and all other supplies necessary to the administration of said department, but no part of this appropriation shall be expended for commissary supplies, transportation, hire of animals for ambulances, or payment for military service; the quartermaster-general shall expend this appropriation only on the approval of the surgeon-general. 7. And be it enacted, That these amendments to the said supplement shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCXV. An Act concerning the care and custody of infants. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That when the parents of any minor child or children, or the parent or other person or persons having the actual care and custody of any minor child or children, are grossly immoral or unfit to be entrusted with the care and education of such child or children, or shall neglect to provide such child or children with proper protection, maintenance and education, or are of such vicious, careless or dissolute habits as to make such child or children chargeable or likely to become chargeable to any township, borough, city or other municipality of this state, it shall and may be lawful for any person or persons interested in the welfare of said child or children, to present to the chancellor, the supreme court of this state, or any justice of said supreme court, a petition setting forth the facts of the case, duly verified by affidavit, and praying that the said child or children may be brought before said chancellor, supreme court or supreme court justice, as the case may be, and for further relief under this act. 2. And be it enacted, That upon presentation of such petition, an order shall issue addressed to the parents or parent or other person or persons in whose care or custody said infant, child or children may be, and also to the said child or children, requiring their appearance at such time and place as shall be designated in the order, to answer said petition and to abide the order of the court; said order shall be served in such manner, whether by personal service, mailing, publication or otherwise, as in said order shall be directed, and said order may further direct that a copy or copies thereof be served upon any other person or persons named therein; at the time and place so appointed, or to which the hearing may be adjourned, and upon proof of due and legal service of said order in the manner therein directed, which proof may be by affidavit of the person or persons serving the same, a summary examination shall take place before the said chancellor, supreme court or supreme court justice, and thereupon, upon proof of the material facts set forth in said petition to the satisfaction of said chancellor, court or justice, an order shall be made committing the said child or children to the care and custody of such person or persons who will accept the same, as the chancellor, supreme court or supreme court justice shall for that purpose designate and appoint, until such child or children, respectively, shall attain the age of eighteen years or the further order of the court; said order shall briefly set forth the grounds of granting the same and need not set forth the evidence nor the substance thereof; and said order may, in the discretion of the chancellor, court or justice granting the same, require the giving of a bond by the person or persons to whose care or custody said child or children may be committed, with such security and on such condition or conditions as to the said chancellor, court or justice shall seem proper.

3. And be it enacted, That the chancellor, court or justice, before whom proceedings shall or may be conducted under this act, may in lieu of committing such child or children, as in the last preceding section specified, commit such child or children to the care and custody of any society for the prevention of cruelty to children duly incorporated under the act entitled "An act for the incorporation of societies for the aid of children and the prevention of cruelty to children," passed March fifth, one thousand eight hundred and ninety. 4. 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 22, 1895.

CHAPTER CCCVIII.

A Supplement to an act entitled "An act concerning cities of the first class in this state and constituting municipal boards of street and water commissioners therein and defining the powers and duties of such municipal boards, and relating to the municipal affairs and departments of such cities placed under the control and management of such boards and providing for the main-

tenance of the same," approved March

twenty-eighth, one thousand eight hundred and ninety-one.

1. Be it enacted by the Senate and General

Assembly of the State of New Jersey, That

the board of street and water commissioners

in cities of the first class in this state shall have full power to construct and build in such cities at one time and as one improvement sewers or drains in two or more streets

or highways, avenues or other public places, provided such sewers or drains so constructed have a common outlet or employ either directly or through each other into the same sewer. 2. And be it enacted, That in advertising for bids or sealed proposals for the building and

construction of such sewers and drains, the board of street and water commissioners may

in his discretion ask for bids and receive proposals either for the work as a whole or for the work in such sections or parts as to it may seem proper and for the best interests of the city.

3. And be it enacted, That in all the proceedings for the levying or making of assessments

for special benefits upon lands benefitted by

said sewers or systems of sewers, and in all matters relating to the payment of said assess-

ments, and in all matters relating to the payment of contractors therefor, the same proce-

dure shall be observed as is now required by law in case of the building or constructing of a sewer or drain in a street or highway of such city.

4. And be it enacted, That in case a protest against the construction or building of such sewer or system of sewers, signed by owners of property representing a majority of the lineal feet of frontage along said sewer or system of sewers, is presented to said board of street and water commissioners, then and in that case the ordinance or other proceeding for the building of such sewer or system of sewers shall require the affirmative vote on its final passage of at least four-fifths of the members of said board.

5. And be it enacted, That nothing herein contained shall be construed to dispense with the concurrence of any board now required by law to concur in any proceeding relative to the creating of liens of assessments for special benefits on lands benefited thereby.

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

CHAPTER CCCXVI. A Further Supplement to an act entitled "A supplement to an act entitled 'An act regarding proceedings on forfeited recognizances and appropriating the moneys arising from the same and from fines and amercements' (Revision), ap-

proved April fifteenth, one thousand eight hundred and forty-six," which supplement was approved March twenty-ninth, one thousand eight hundred and ninety-two.

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

sembly of the State of New Jersey, That whenever any person hath been or shall be bound by recogni-

zance to the state of New Jersey, with condition

for his or her appearance at the court of general

quarter sessions of the peace, held or to be held in and for any county within this state, and said person hath not appeared or shall not appear for any

cause, agreeably to the condition of such recogni-

zance and said recognizance hath been or shall be

forfeited and the amount thereof paid in the county treasury of said county and in accordance with law, and said person as bound by said recognizance has appeared or shall appear before said court to answer unto the charge of indictment pending against him, after such recognizance shall have been declared forfeited, it shall and may be lawful

for the court of general quarter sessions of the peace in and for said county in its discretion to direct and order the return of the moneys so paid or to be paid upon said forfeited recognizance, and thereupon it shall be the duty of the county collector or treasurer of such county to repay the amount of such recognizance less the taxed cost on the proceedings to forfeit said recognizance, to recognizor or recognizors who shall have paid the same into the county treasury, provided application shall be made to said court within two years after such recognizance shall have been declared forfeited.

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

CHAPTER CCCXIII.

An Act to validate and confirm proceedings for the formation of borough commissions, had and taken under the provisions of an act entitled "An act for the formation of borough commissions," approved March seventh, one thousand eight hundred and eighty-two.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That no proceedings had or taken for the formation of a borough commission under the provisions of an act entitled "An act for the for-

mation of borough commissions," approved March seventh, one thousand eight hundred and eighty-two, and the acts amendatory thereof or supplemental thereto, shall be taken or held to be invalid or inoperative because the clerk and two inspectors appointed

by the freeholder of any township to conduct an election for the purpose of ascertaining

whether a majority of the legal voters of said proposed borough commission are for or against the formation of a borough commis-

sion, shall have failed or neglected to file with the clerk of the county wherein said borough is situated a certificate setting forth the result of said election, and the number of votes cast for or against the formation of said borough

commission, as in section three of said act is directed; provided, however, that this act shall only apply to borough commissions

which have been in existence, exercising all the functions as such for a period of over nine years, from the time the election was held wherein a majority of the voters of said proposed borough commission voted in favor thereof.

2. And be it enacted, That it shall be lawful for the president of said board of borough commissioners to file with the clerk of the county in which said borough commission is situated a certificate embracing the results of said election under which said borough commission was formed, and all other matters which said original certificates should have contained, which said certificate shall be swore to by the president of said borough commission and attested by the secretary thereof, and when so filed shall for all the intents and purposes of said act be treated as and take the place of the certificate which should have been filed immediately after the election authorizing the formation of said borough commissions.

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

CHAPTER CCCXVII.

A Further Supplement to an act entitled "An act respecting the orphan court and relating to the powers and duties of the ordinary and the orphans' court and surrogates," 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 where any contest has arisen or shall arise, in any part of this state, touching the probate of any paper purporting to be the last will and testament of any person, it shall and may be lawful for the ordinary, upon petition made for that purpose by the widow of such deceased person, or by any child or children of the deceased (and if any such child or children be within the age of twenty-one years, then by the next friend of such child or children), to make an order upon the person or persons having custody of such estate, for the payment of such allowance for the support and maintenance of such widow or of such child or children, out of the income of the estate of such deceased person, as the ordinary may deem just, pending such contest, and such further allowance out of the income, or if need be, out of the corpus of such estate as may be necessary to meet the expenses incurred or to be incurred in conducting such contest concerning the probate of such will; provided, that the person hereinabove described as a widow shall have been ceremonially married to the deceased person, and shall have bene living with him as his wife at the time of his death; and the ordinary shall prescribe such rules to secure a summary hearing and relief upon such petition as he may deem necessary. 2. And be it enacted, That this act shall take effect immediately. Approved March 22, 1895.

CHAPTER CCCL.

An Act authorizing and validating the sales of certain church and parsonage property of the Methodist Episcopal church and other churches or religious societies.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the present trustees of any Methodist Episcopal, or of any other church or religious society, and their successors in office, or a majority of them, are authorized and empowered to sell at public or private sale, and

convey, in fee simple or otherwise, all such church

and parsonage property, together with all the estate, right, title and interest which the said trustees

or stewards or other officers now have or may have in the same by virtue of any deeds of conveyance or otherwise, whenever any such church or religious society may authorize

and direct such sale thereof, by a majority of its members present at any meeting called by said trustees at its usual place of public worship, after at least ten days notice of the time and place and object of such meeting, by an advertisement set up in open view at or near such place of meeting, signed by the president and secretary of said board of trustees or by a majority of said trustees.

2. And be it enacted, That all such sales and conveyances heretofore made by such trustees are hereby validated and confirmed; provided, they

have been or shall be authorized and approved by a majority of the members of such church or religious society present at the duly called meeting thereof.

3. 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 28, 1895.

Lieutenant Howland is inspecting the lighthouses along the New Jersey coast.