Acts of the Legislature of the State of New Jersey

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Chapter I

An Act to amend an act entitled "An act relating* to the issuance, sale and delivery of stock and securities by corporations of this State, which have acquired, or may hereafter acquire, authority, permission or a franchise from the State, or any municipality thereof, to use or occupy any street, highway, road, lane or public place within this State," approved August fourteenth, one thousand nine hundred and six.

Bb it enacted by the Senate, and General Assembly of the State of New Jersey:

1. That section two of the act to which this is an amendment be amended to read as follows :

2. No such corporation shall hereafter issue, sell and deliver its bonds, notes, or obligations of any character, except in return for cash, to the extent of at least eighty per centum of the face value of said securities issued, or for property of an actual cash value of at least eighty per centum of the face value of the securities issued in payment therefor; provided, that this section shall not Proviso, apply to any bonds bearing interest at a rate less than

five per centum per annum, issued under the provisions of, and intended to be secured by, any deed of trust, indenture of mortgage, or like instrument made and

Section amended.

Minimum value^ of securities.

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execut^-bjc any corporation, and recorded in any proper officc'iqr- this State for the recording of such instru- Tpen{% where such making, execution and also recording ,.w«s[ 'prior to the fourteenth day of August, in the year '. M'our Lord one thousand nine hundred and six, which .^ '\^ ootids are a part of the issue provided for in and by said -'-'• ^" deed of trust, indenture of mortgage or other instrument, and a portion of the issue therein provided for were issued and disposed of by siaid corporation before the said fourteenth day of August, in the year of our Lord one thousand nine hundred and six.

2. This act shall take effect immediately and shall be subject to all provisions of the act to which this act is an amendment, and, provided, further, that no bonds shall be sold and delivered in pursuance of this amendment after the expiration of three years after the approval of this act, and no such bonds shall be sold and delivered at less than seventy per cetnum (70%) of their face or par value.

Approved February 13, 1908.

JOHN FRANKLIN FORT,

Governor,

•When effective.

Proviso.

Chapter 2

ar

be

A Supplement to an act entitled "An act to amend an act entitled *An act relative to the Princeton Battle Monument,' approved April third, one thousand nine hundred and two," which amendatory act was approved March twenty-seventh, one thousand nine hundred and seven.

Composition of monument.

Be it enacted by the Seriate and Getieral Assembly of tlve State of New^ Jersey:

1. The material of the monument or statue erected according to the terms of the act to which this act is amendatory may be bronze, granite, or marble, or a combination of any of them.

2. This act shall take effect immediately. Approved February 18, 1908.

Chapter 3

A Supplement to an act entitled "An act respecting the Cleric in Chancery and the Cleric of the Supreme Court (Revision of 1902), approved April third, one thousand nine hundred and two." (P. L. 1902, page

Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. The cleric in chancery with the approval of the ^•^'SJ Chancellor, shall provide at the expense of the State a Aortic oty. duly furnished room or rooms in the city of Atlantic

City for the use of the Chancellor, Vice-Chancellors and advisory masters in the hearing of causes and motions, and that said room or rooms may be rented or leased of such person or corporation as may have rooms or quarters suitable for such purposes to let in said city, and the rent and expenses thereof shall be ascertained and certi- ExptoMi. fied by the chancellor and paid by the Treasurer of the State, and shall not exceed in all twelve hundred dollars per annum.

Chapter 4

A Supplement to an act entitled "An act making appropriations for the support of the State government and for several public purposes for the fiscal year ending October thirty-first, one thousand nine hundred and eight," approved June fifteenth, one thousand nine hundred and seven.

Be it enacted by the Senate and General Assembly of the State of Nem Jersey:

I. The sum of three thousand eight hundred and inaugural

_ expenses.

fifty-three dollars and fifty cents is hereby appropriated to defray the incidental expenses incurred by the joint committee of the Legislature upon the inauguration of the Governor.

How paid. 2. All bills for expenses shall be approved by the

committee, or a majority thereof, and when audited by the Comptroller shall be paid out of the Treasury of this State on the warrant of such Comptroller.

validated.

Chapter 5

An Act to authorize and validate bon43 heretofore or hereafter issued pursuant to proceedings taken or which purport to be taken under an act entitled "An act to provide for drainage and sewerage in cities of this State,** approved April seventh, one thousand eight hundred and ninety, and acts amendatofy thereof and supplemental thereto, and to validate such proceedings.

Bz IT ENACTED by the Senate and General Assembly of the State of New Jersey: Bond issue I. AH bonds heretofore or hereafter issued pursuant

to proceedings heretofore taken or which purport to be taken under the act entitled "An act to provide for drainage and sewerage in cities of this State," approved April seventh, one thousand' eight hundred and ninety, and acts amendatory thereof and supplemental thereto, are hereby validated, authorized and confirmed as valid and legally binding obligations of the city issuing the same, and all such proceedings are hereby validated and confirmed, notwithstanding any defect, omission or irregularity in the passage, publication or approval of any ordinance or ordinances, resolution or resolutions, preliminary to the issue of said bonds or with respect to the publication of notice of intention to adopt any said ordinance or resolution or the publication of notice of intention to make the improvements for which said bonds have been issued, or authorized to be issued, whether such passage, publication or approval be prescribed by said act or by any city charter or other act, special or general, or by any local rule or by-law; pro- Proviao. vided that such ordinance or resolution has been passed by a majority vote of all the members of the governing body of said city; and provided that said city has in- ProviK>. curred in good faith the expense or indebtedness to meet which said bonds have been or may be issued ; and pro- Proviso. vided further, that nothing in this act shall authorize the issuance of bonds in exc^s of any limitation prescribed bylaw.

Chapter 6

A Further Supplement to an act entitled "An act to revise and amend 'An act for the taxation of railroad and canal property,' approved' April tenth, one thousand eight hundred and eighty-four," which act was approved March twenty-seventh, one thousand eight hundred and eighty-eight.

Whereas, The Legislature, by an act approved' May Preamble. eighteenth, one thousand nine htmdred and six, being chapter two hundred and eighty of the laws of one thousand nine hundred and six, did provide that the taxes thereafter to be assessed upon the property of railroad and canal companies, referred to in sul>- division two of section three of the act to. which this act is a supplement, should be assessed and taxed in each taxing district in this State in the same manner i6

Time for

assessing

railroad extended.

Assessments made immediately.

Review of assessments.

and at the same rate as other property located in said taxing- district is assessed and taxed, and the amount of taxes derived therefrom should be paid to the officer of each of the, separate taxing districts of the State as shall be by law entitled to receive the same for the use of said taxing* district ; and

Whereas^ Assessments upon the property in said act described were duly made by the local assessors in the several taxing districts of this State for the years one thousand nine hundred and six and one thousand nine hundred and seven ; and

Whereas, By proceedings taken by certiorari in the Supreme Court, and removed' by a writ of error to the Court of Errors and Appeals, it has been determined that said act of the Legislature is unconstitutional, and that the assessments made thereunder are illeg:al and void ; and

Whereas, The time in which the State Board of Assessors, tuider and by virtue of the act to which this is a supplement, may make a proper assessment for said years has expired ; now, therefore,

Bte IT ENACTED by the Senate and General Assembly of the State of Nem Jersey:

I. That the time within which assessments may be made by the State Board of Assessors, pursuant to law, upon the real estate used for railroad or canal purposes in each taxing district in this State, separately valued and assessed under the provisions of subdivision two (2) of section three (3) of said act, for the years one thousand nine hundred' and six and one thousand nine hundred and seven, be and the same is hereby extended for a period of three months from the date of the approval of this act; and said board are hereby authorized and required to make such assessments forthwith; that the said State Board of Assessors shall meet on a day to be fixed by them, not later than twenty d'ays after the making of said assessments, of which immediate notice shall be given by the said board to the companies affected thereby, for the purpose of reviewing their said assessments, and may adjourn from time to time until they have finished the hearing; that not more than twenty days shall be spent by said board in said review, and the amount of taxes payable by each company shall be due and payable into the State treasury on or before the fifteenth day after the time limited for the review by said board of said assessments. ,

2. The said board shall certify the amount of said assessments to the Comptroller in the manner required by the act to which this is a supplement, and the same remedy shall exist for the collection of said taxes as now exists in reference to assessments made in other years, and it shall the duty of the proper officials forthwith to distribute the taxes so as aforesaid collected to the local municipalities in the manner now required by law.

3. The State Board, in making said assessments, shall adopt and use the rate of taxation that prevailed for the years one thousand nine hundred and six and one thousand nine hundred and seven, respectively, in the several taxing" districts in which said property so to be assessed by than for said years is located.

4. Any company or corporation which shall have paid, before the passage of this act, the tax for either of said years under an assessment made upon said property by the local assessors, pursuant to the provisions of chapter two hundred and eighty of the laws of one thousand nine hundred and six, shall be relieved from liability to pay the assessment herein authorized by proving such payment to have been made to the satisfaction of the State Board of Assessors during the time herein authorized for the review of said assessments.

5. No company or corporation shall be permitted to review any. of the assessments herein provided- for by certiorari without first paying to the State Treasurer a sum equal to the amount of taxes assessed against said property for the year one thousand nine hundred and five.

6. Any municipality claiming to be aggrieved by said assessments may have the same remedies to review the same that now exist in favor of such municipalities for similar assessments for other years.

Comptroller notified.

Remedy for collection of taxes.

Pate of taxation.

Relief from assessments.

Deposit to secure reriew.

MunidDalities have right to review asseatmenta.

I8

Corporate name.

Boundary of

S»rtion of ohokus township set off as borough of Ramsey.

CHAPTER 7. An Act to incorporate the borough of Ramsey, in the

county of Bergen.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. The inhabitants of that portion of the township of Hohokus, in the county of Bergen, hereinafter set forth are hereby constituted and declared to be a body corporate in fact and in law by the name of "The Borough of Ramsey/' and shall be governed by the general laws of this State relating to boroughs.

2. The boundaries of said borough shall be as follows: Banning at the northeast comer of lands of Edward Smith, at the northwest corner of lands of John J. DeBaun, and in the line of the borough of Upper Saddle River, and running from thence (i) along lands of the said John J. DeBaun south fifty-nine degrees and thirty minutes east four hundred and seventy-three and nine-tenths feet to a small brook; thence (2) along said brook upstream to the southwest corners of lands of James Carlough; thenoe (3) along the lands of the said Carlough and the west line of said borough of Upper Saddle River north fourteen degrees and fifty minutes east eight htmdred and one and nine^tenths feet to lands of David H. Pulis; thence (4*) along the lands of the said Pulis north sixty-four degrees and forty minutes west eight hundred and twenty-three feet to the centre of the Masonicus road; tihence (5) through the same south fourteen degrees west one hundred and fifty-seven and one-tenth feet; thence (6) along lands of said David H. Pulis and others north seventy-two d^^ees and thirty minutes west sixteen hundred and sixty-three and two-tenths feet to a brook ; thence (7) along the same upstream to a stake on lands of David Fisher; thence (8) north sixty-one degrees and thirty minutes west ten hundred and three and two-tenthi feet to a pear tree on lands of the said Fisher on the east side of the public road; thence (9) north fifty-six degrees and thirty minutes west thirteen hundred and fifty-seven and six-tenths feet to the northwest comer of lands of George Ackerson and in the middle of the public road leading from the Franklin turnpike to Airmont; thence (10) over lands of M.

B. De Yoe north sixty-nine d^rees and fifteen minutes west eleven hundred and twenty-two feet to the northeast comer of lands of D. E. Murphy; thence (11) along the north line of the lands of said Murphy north eighty-eight degrees west three hundred and eighty-six and one-tenth feet; thence (12) still along lands of said Murphy north eighty-six degrees and thirty mdnutes west four hundred and fifty-four and one-tenth feet to the centre of the Franklin turnpike; thence (15) north eighty-six degrees and thirty minutes west over lands of Jacob Crouter, Thomas Banta, Amos Shuart and James Davidson twenty-two hundred and sixty-three and eight-tenths feet to the centre of the public road known as the Island road; thence (14) north eighty-six degrees and thirty minutes west over lands of Exeter Machine Company and Peter D. Ramsey and along the north side of the barrack on lands of said Ramsey twenty-four hundred and fifty-five and two-tenths feet to a small brook; thence (15) up the stream and along the east bank of said brook to the centre of the public road leading from the residence of Peter D. Ramsey to the Ridge road; thence (16) upstream along the east bank of said brook to its source; thence (17) south nineteen degrees and thirty minutes west two hundred and seventy-five and two-tenths feet over lands formerly of Henry Splinter; thence (18) south fifteen degrees and fifteen minutes west four hundred and forty-six and two-tenths feet over lands of Edwin F, Carpenter; thence (19) over lands of said Carpenter and others south eighty-three d^jees and forty-five minutes west twenty-two hundred .and ninety-five feet to the point of intersection of the centre line of the Ridge road with the centre line of the public road leading from Ramsey to Darlington ; thence (20) through the last mentioned road north seventy-six d^^ees west four hundred and seventy- . four and five-tenths feet; thence (21) south twelve degrees and thirty minutes west fourteen hundred and eighty-seven and six-tenths feet ovei' lands formerly of William E.

Conklin to a point on the east side of a pond known as Conklin's pond; thence (22) along the east side of said pond and brook upstream over the estate of Albert W. Conklin, lands of Robinson, Payne, Sturr and others to the fork of said brook; thence (23) following the east branch of said brook to a spring at its source; thence (24) south fourteen degrees and thirty minutes east three hundred and seventy-two and nine-tenths feet; thence (25) south forty-three degrees and fifteen minutes east five hundred and ninety-four feet; thence (26) south sixty-three degrees and forty-five minutes east one hundred and eighty-two and two-tenths feet; thence (27) south sixty-six degrees and thirty minutes east five hundred and ninety-two feet; thence (28) south sixty-four degrees and fifteen minutes east four hundred and sixty-six feet to the centre line of the public road leading from Ramsey to Campgaw; thence (29) through the same south sixty-nine degrees and forty-five minutes east one hundred and eighty-five and five-tenths feet; thence (30) through the public road leading easterly from the last mentioned road south thirty-four degrees east four hundred and fifty feet; thence (31) through the same south forty-five degrees and forty-five minutes east two hundred and ninety-four and four-tenths feet; thence (32) through the same south twelve degrees and thirty minutes west four hundred and twenty-six and four-tenths feet; thence (33) through the same south sixty-five d^jees and thirty minutes east four hundred and sixty-two feet; thence (34) through the same south seventy-two degrees and twenty-five minutes east two hundred and sixty-eight and six-tenths feet; thence ( 3 5 ) through the same south sixty-five degrees and thirty minutes east one hundred and sixty-three feet to the centre of the public road leading from Ramsey to Wyckoff ; thence (36) along the south line of lands of Schlehenried and over lands of others south sixty-five degrees and thirty minutes east thirty-four hundred and forty-eight and five-tenths feet to the middle of the Hohokus brook and the west Une of the borough of Allendale; thence (37) upstream through the middle of said brook and along the west line of said borough of Allendale to the northwest corner of the same ; thence

(38) along the northerly line of said borough of Allendale to a point where the same is intersected by the easterly line of the township of Hohokus; and thence

(39) along the said easterly line of the township of Hohokus (being also the westerly line of the township of Orvil, and the wes.terly and northerly lines of the borough of Upper Saddle River) to the point or place of begfinntng.

Chapter 8

A Supplement to an act entitled "An act making appropriations for the support of the State government, and for several public purposes, for the fiscal year ending October thirty-first, one thousand nine hundred and eight," approved June fifteenth, nineteen hundred and seven.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

I. The following sum, or so much thereof as may Approprtation be necessary, be and the same is hereby appropriated fSIiivISy*^ ^ out of the State funds for the purpose of making repairs Reformatory, to the buildings of the New Jersey Reformatory, to wit:

To the New Jersey Reformatory, to repair the copper dcxne, to place the roof of the centre building in a water-tight condition, and to place on the present plaster ceiling of the dome a ceiling of sheet metal, the design

Amount.

to be approved by the State Architect, four thousand dollars.

Corporate name.

CHAPTER 9. An Act to incorporate the borough of Roseland, in the

county of Essex.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. The inhabitants of that portion of the township of Livingston, in the county of Essex, contained within the limits hereinafter set forth, are hereby constituted and declared to be a body politic and corporate in fact and in law by the name of the borough of Roseland, and shall be governed by the general laws of this State relating to boroughs.

2. The territorial limits of said borough shall be as follows :

Beginning at a point at the intersection of Eagle Rock avenue and Canoe brook, known as the northeast o¥as'r^rougi comer of Livingston township; thence running westerly of Roseund. ^j^^^^. ^j^^ southerly line of the borough of Essex Fells,

and along the southerly line of the borough of West Caldwell, to the Passaic river, a point known as the northwest comer of Livingston township; thence running southerly along* the line of the Passaic river to the southerly line of land belonging to Simeon Harrison's estate, a point to be known as the southwest comer of the boroug-h of Roseland ; thence running easterly along the southerly line of land of Simeon Harrison's estate to the centre line of Beaufort avenue; thence running southerly along the centre line of Beaufort avenue to the southerly line of Lambert Speer's land ;- thence running easterly along the southerly line of Lambert Speer's land and along the southerly line of land of Ezra Tomp-

Boundary of >ortion oC po

Livingston (hip towns set

Idns' estate to a comer ; thence running northerly along the easterly line of Ezra Tompkins' estate to a corner; thence running easterly along the southerly line of John Klem's land and along the southerly line of Eugene Underhill's land to a comer; thence running northerly along the easterly line of Eugene Underhill's land to the centre line of Locust avenue; thence running southerly along the centre line of Locust avenue to North Midway avenue; thence running easterly along the southerly line of John Roll's. land and along the southerly line of land of Rufus F. Harrison's estate to a comer ; thence running northerly along the easterly line of Rufus F. Harrison's estate to a corner; thence running easterly along the southerly line of Frederick Wolf's land, and along the southerly line of Frederick Sipple's land, along the southerly line of land of Conrad Sipple's estate to the centre line of Laurel avenue; thence running northerly along the centre line of Laurel avenue to the northerly line of land of Henry Heather's estate ; thence running easterly along the northerly line of Henry Heather's land to a point in the West Orange line, said point to.be known as the southeast corner of the borough of Roseland; thence running northerly along the West Orange line to the place of beginning.

3. This act shall not become operative until the pro- Refcrcnditm. visions of this act shall be submitted to the voters of

the territory comprehended by the aforementioned borough limits at a special election and approved by a majority of the voters voting at such election upon the question of the approval or disapproval of said act, and said act shall be submitted to the vdters in accordance with the provision of the general election law regulating the method of submitting legislative acts with other questions at special elections.

4. The first election of officers in and for said bor- f^7*S2Sion^^ ough of Roseland shall be held within thirty days after

this act shall have been approved by a majority of the voters voting as aforesaid (if approved), and notice thereof shall be given by the clerk of said township of Livingston, in the county of Essex aforesaid ; said notice shall be published in the Newark Evening News eight <lays prior to said election, and shall also be posted for the same length of time in five of the most public places in the territory hereinbefore described, and the said election shall be held in the manner now prescribed for the election of borough officials.

Evidence ol transfer of land in cases where records are destroyed.

Chapter 10

A Supplement to an act entitled "An act concerning the settlement and collection of arrearages of impaid taxes, assessments and water rates or water rents in cities of this State, and imposing and levying a tax,, assessment and lien in lieu and instead of such arrearages, and to enforce the pa)mient thereof, and to provide for the sale of lands subjected to future taxar* tion and assessment,!' passed Mafch thirtieth, eighteen hundred and eighty-six.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

I. In case of the destruction by fire or otherwise of the public tax records or of the records in the office of the city clerk of any city, or in case of the loss of the records of both said offices, any certificate of the sale of lands in said city for tmpaid taxes or assessments or any deed made by any officer of such city under and by virtue of the act to which this is a supplement and of the various acts amendatory thereof and supplementary thereto, shall be taken as conclusive evidence, in any of the courts of this State, as to the truth of any fact recited therein in regard to the tax or assessment for which said land was sold or said deed given, or in regard to the publication or service of any notice required to be made by the act to which this is a supplement, or by any of the acts amendatory thereof or supplementary thereto; provided, however, that such cer- Proviso, tificate of sale or such deed shall have been made before the destruction of any such record.

CHAPTER II.

An Act to incorporate the borough of Red Bank in the

county of Monmouth. ^

Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. The inhabitants of that portion of the county of Corporate Monmouth hereinafter set forth, are hereby constituted '***°*' and declared to be a body corporate in fact and in law

by the name of "The Borough of Red Bank/' and as such shall be governed by the general laws of this State relating to boroughs.

2. The boundaries of said borough shall be as follows :

Beginning at a monument planted at ordinary high Boundaries of water mark on the south shore of the North Shrews- RSf"S5nk! bury river, in the county of Monmouth, which monur ment is distant one mile easterly in a straight line from the northwest comer of Maple avenue, where it ends at the original shore of the river, near Allen's dock. Said begfinning point being north forty-seven degrees and forty minutes east three hundred and twenty-five feet from a marble monument, marking the northwest comer of the division line of lands of Francis White and lands formerly the Boyd estate. Said beginning point being also south thirty-six degrees and forty-five minutes west one hundred and forty-one and six-tenths feet from a marble monument marking the northeast corner of the Boyd estate and Tyson's land. Running thence southerly, westerly and northerly on a curved line, describing a part of a tme circle, the radius of which is one mile, and the pivot or center point thereof is the said northwest comer of Maple avenue; said curved line being now marked by monuments at East Front street. Prospect avenue, Tower Hill avenue, Spring* street and Branch avenue, also crossing the center line of the New York and Long Branch railroad in the center of Broad street, also crossing Shrewsbury avenue at a monument standing on the west side thereof at a point two hundred and sixty-three feet northerly from the north side of the Newman Springs road ; thence continuing northwesterly still on said curved line, until it intersects the boundary line between Shrewsbury and Middletown townships in the middle of said river at or near the range of the center line of Beach street continued westward; thence northerly and easterly down said river, following the boundary line between said townships to a point where the tangent of said curve from the banning point, produced northerly, intersects said boundary line; thence from said intersection southerly on said tangent to the place of banning.

Approved March 10, 1908. v

Chapter 12

A Supplement to an act entitled "An act m^ing appropriations for the support of the State Government, and for several public purposes for the fiscal year ending October thirty-first, one thousand nine hundred and eight," approved June fifteenth, one thousand nine hundred and seven.

Be it enacted by the Senate and General Assembly of the State of New Jersey: Additional I. The following sum, or so much thereof as may

for' w%ii«° be necessary, be and the same is hereby appropriated v1?eiand ^^^ ^^ ^^^ State f und for the following purpose :

To the Board of Managers of the New Jersey Home for Disabled Soldiers, Sailors, Marines and their Wives, for the erection of a separate boiler house, and the installation therein of all necessary boilers and machinery for the heating and lighting of all of the buildings of said Home, the sum of twenty thousand dollars. Amount.

Chapter 13

An Act to enable boards of chosen freeholders to raise the moneys required for the purchase or improvement of toll or turnpike roads.