Section 1 amended. No process deemed constructive notice until lis pendens is filed. Proviso. Proviso. CHAPTER 168. An Act to amend an act entitled "An act respecting notice of lis pendens" (Revision of 1902), approve! April third, one thousand nine hundred and two. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section one of the act of which this act is amendatory be and the same hereby is amended so that shall read as follows: 1. Neither the issuing of a summons or subpœna, or other process or writ, nor the filing of a declaration or bill in any suit relating to or affecting the possession of or title to lands or real estate, nor any proceedings had or to be had thereon, either at law or in equity, before a final judgment or decree, shall be deemed or taken to be constructive notice to any bona fide purchaser or mortgagee of any lands or real estate to be affected thereby, until the plaintiff or complainant in such action, or his attorney or solicitor, shall have first filed in the office of the clerk of the Court of Common Pleas, except in counties where there is a register of deeds and mortgages, then in the office of the register of deeds and mortgages of the county in which such lands or real estate lie, a written notice of the pendency of such suit, setting forth the title of the cause and the general object thereof, together with a description of the lands or real estate to be affected thereby; provided, that in suits for the satisfaction or foreclosure of any duly registered or recorded mortgage, such notice shall also specify the book and page of record of such mortgage; provided, further, in case the plaintiff in any suit at law or the complainant named in any bill in Chancery does not take steps to prosecute the suit diligently within three years after the filing of such notice, then the court in which such suit at law is brought, or the Chancellor, may, upon application by any interested party, and upon notice to the plaintiff or his attorney, or to the complainant or his solicitor, declare the filing of such notice to be null and void and of no effect. 2. Section two of the act, of which this act is amend- Section 2 atory be and the same hereby is amended so that it shall read as follows: amended. lis pendens 2. It shall be the duty of the clerk or register, with Record of whom any such notice shall be filed, forthwith to record kept. the same, together with the time of the filing thereof. in a proper book to be by him provided and kept in his office for that purpose, which book shall be properly indexed by said clerk or register and be a public record, to which all persons desirous of examining the sam shall have access; and in case the general object of such suit shall be the foreclosure or satisfaction of any duly registered or recorded mortgage, it shall be the duty of such clerk or register also to note the book and page of record of such lis pendens upon the margin of the record of such mortgage. Approved March 16, 1925. CHAPTER 169. An Act relating to the Court of Chancery and providing for the trial of persons cited for contempt or disobeyment of an order of the Court of Chancery. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: to Vice for contempt or disobey ing orders. 1. Whenever any person or persons shall be cited for References disobeying any order issued out of the Court of Chan- Chancellor cery; or for contempt of the Court of Chancery, except such order relate to the specific performance of contracts or enforcement of covenants; or relate to restraining an action of law; or trespass upon land; or restraining waste; or concerning the administration of trusts; or writs of habeas corpus or for the payment of alimony; Right of hearing by jury. Procedure. Fees for jurymen and witnesses. Repealer. Validity. or concerning other domestic relations relating to care or custody of children; or the relations between husband and wife; then such citation shall be referred for hearing by the Chancellor to a Vice-Chancellor other than the one by whom the original order of restraint was issued. 2. Whenever such citation shall relate to the disobeyance of an order issuing out of the Court of Chancery, or for contempt of any such order which order relates to a labor dispute, then the person or persons so cited may, at the discretion of the Vice-Chancellor hearing the order, have the facts concerning such dispute determined by a jury. Such jury shall be summoned by the sergeant-at-arms of the Court of Chancery from the panel of jurors summoned for duty in the Court of Common Pleas for the term when the alleged violation of the order, or contempt, was committed. The procedure before the Vice-Chancellor in impaneling and selecting the jury, and in admitting evidence, shall be the same as that provided for the trial of feigned issues issuing out of the Court of Chancery or other civil cases tried in the Supreme Court. 3. The jurymen so summoned shall be entitled to the same fees for services as are now allowed in other civil trials. Witnesses shall be entitled to the same fees as in the trial of other civil cases. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed and if any part or parts of this act shall be declared to be unconstitutional, it shall not thereby invalidate the other provisions of this act. 5. This act shall take effect immediately. CHAPTER 170. An Act to approve and ratify proceedings taken for the issue of bonds for school districts in certain cases and to confirm and validate bonds issued or to be issued thereunder. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: Validating issue of bonds by school dis tricts under 1. Whenever at any annual meeting of a school district or special meeting thereof called for that purpose, the legal voters of said school district shall have by the certain convote of a majority of the legal ballots cast authorized ditions. the board of education of said school district to issue bonds of the district for the purpose of purchasing or taking and condemning land for school purposes or building a schoolhouse or schoolhouses, or making additions, alterations, repairs or improvements in or upon any schoolhouse and the lands upon which the same shall be located, or purchasing school furniture and all other necessary equipment, or for any or all of said purposes, and shall have by their said vote provided for the payment of the said bonds at times or in a manner not authorized by law; and thereafter at a subsequent annual meeting of said school district or special meeting thereof called for that purpose, the legal voters of said school district shall by a majority of the legal ballots cast have rescinded such unlawful provision, and shall by a majority of the legal ballots cast have authorized the payment of the bonds so to be issued at times and in a manner authorized by law, then the said proceedings taken at said meetings shall be and the same are hereby ratified and confirmed and the bonds issued and to be issued in accordance therewith are hereby validated and confirmed in all respects as if all the provisions with reference to the issue and payment of said bonds had been lawfully authorized at one and the same meeting. 2. This act shall take effect immediately. Approved March 16, 1925. Title amended. New title. Section 1 amended. Judiciary fund created. Use. Proviso. CHAPTER 171. An Act to amend an act entitled "An act to authorize and require boards of chosen freeholders in counties of this State to provide for the payment of the salary or compensation of court clerks, assigned or designated by county clerks for service in the county courts, from a fund to be established there for," approved April seventh, one thousand nine hundred and nineteen. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. The title of the act of which this act is an amendment be and the same is hereby amended to read as follows: An act to authorize and require boards of chosen freeholders in counties of this State to provide for the payment of the salary or compensation of court clerks, assigned or designated by county clerks or surrogates for service in the county courts, from a fund to be established therefor. 2. Section one of the act of which this act is an amendment be and the same is hereby amended to read as follows: 1. The boards of chosen freeholders in counties of this State are hereby authorized and required to provide in their annual budget of appropriations a "judiciary fund" from which shall be paid the salary or compensation of the clerks assigned by the county clerk or surrogate for service in the county courts, not exceeding one clerk to each court; provided, however, this act shall not apply to counties other than counties of the first class. 3. This act shall take effect immediately. |