sioners may proper expense, and neglecting or refusing to commence the same within sixty days after receiving said notice, or who may unnecessarily delay the completion of said work, then the said commissioners shall have full power to cause said On failure work to be done as described in this act, at the expense of commisthe person or persons, companies or corporation owning or do the work holding said dam or dams; the said commissioners shall have power and shall collect the said expenses, with cost, in an action of debt, in any court in the state of New Jersey having jurisdiction of the same. 4. And be it enacted, That this act shall take effect immediately. Approved March 27, 1874. CHAPTER CCCCLXXI. A further supplement to an act for the relief of creditors against absconding and absent debtors. ings in defendant ment. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That in case of the death of any de- Proceedfendant in attachment, after the return day of the writ of case of attachment, as provided for in the forty-eighth section of death of the act to which this is a supplement, it shall be lawful for in attachthe executors or administrators of such deceased defendant' to enter an appearance to the suit of the plaintiff or plaintiffs therein, or of any creditor or creditors under the said attachment, in the manner and to the same effect as is provided for in cases of living defendants in the supplement to said act, approved March first, one thousand eight hundred and seventy-one; and thereupon such further proceedings may be had as are provided for in said supplement in cases of living defendants. 2. And be it enacted, That this act shall take effect immediately. Approved March 27, 1874. Preamble. Proceedings for alteration tions of road. CHAPTER CCCCLXXIII. A further supplement to an act entitled "An act concerning roads," revision approved April sixteenth, eighteen hundred and forty-six. WHEREAS, changes in public roads are frequently desirable and necessary, to accommodate public and private interests, by vacating short pieces of such roads and relaying them in other places; and whereas, for small changes, proceedings under the present act to which this is a supplement, are both expensive and troublesome, and are attended with much delay, so much so that few persons are willing for the public good to incur the expenses attendant on such change; for remedy whereof, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever ten or more persons, of short sec- being freeholders, shall think any alteration of any public road necessary in any part of the county wherein they reside, by having a portion of such road vacated, not exceeding in length six hundred yards, and said road changed by Application relaying it in another place (the road so relaid not to exceed six hundred yards in length) they may make applicahighways. tion to three of the surveyors of the highways of said county, to sur veyors of Noticewhat to state. one of whom shall be a surveyor of the highway of the township wherein the portion of the road proposed to be changed shall be situated (unless the road to be vacated, or relaid, shall run through his land, in which case a surveyor of any adjoining township may be selected in his stead), the other two surveyors to be taken from the surveyors of the highways, of two of the adjoining townships by public notice in writing signed by said freeholders and put up in three public places in the township where the said road so proposed to be changed or altered is situated; which notice shall contain a description of the portion of road proposed to be vacated and a general description of the road proposed to be laid out in lieu of the one so vacated, and shall name surveyors. a day and hour not less than ten days from the putting up of said notice, and when they will apply to one of the judges of the court of common pleas of said county at his chambers (giving also the name and residence of said judge) for the selection and appointment of said three surveyors of the Appointhighways as aforesaid, which judge upon due proof being ment of made to him of the putting up of said notices as required by this act, without any further application than a copy of the notice so as aforesaid put up, is hereby authorized to make such selection and appointment from the acting surveyors of the highways, as aforesaid, by an order under his hand, which order shall name the said surveyors and the township wherein they severally reside, and shall fix the time and place of meeting of said surveyors, and for so doing he shall receive the sum of one dollar. appoint 2. And be it further enacted, That said applicants shall cause Copies of the said order, so as aforesaid, to be copied, and a copy there- ment to be of served on each of the surveyors therein mentioned, at served. least six days before the day therein appointed for their meeting. posted. 3. And be it further enacted, That like notices required to And to be be put up by the second section of the act to which this is a supplement, shall be given of the time and place of meeting of said surveyors. and duties ors. 4. And be it further enacted, That said three surveyors, so Meeting selected, when met as aforesaid, or a majority of them, on of surveydue proof being made to them of the putting up of the notices of their said meeting, as required by this supplement on which said surveyors shall decide, and their decision shall be final and conclusive, and they shall thereupon proceed, as surveyors are now required to proceed by the fifth section of the act to which this is a supplement, and the first and second sections of a supplement thereto, approved March first, eighteen hundred and fifty, and the certificate and return of said surveyors shall be final and conclusive as to the alteration of any road made in pursuance herewith and the same may be opened, on tendering to the owner of the lands. not applicants, the damages assessed to him, her, or them, and on his, her, or their refusal to accept the same, then by paying the same to the clerk of the county wherein said road is situated. 5. And be it further enacted, That the said applicants shall Papers to cause to be returned with the certificate of said surveyors, with county be filed clerk. Review of proceedings. Act not to apply to to the clerk of the county, the order made by said judge, and the notice whereon said order was founded, and such certificate and proceedings shall not be set aside for matters of form, and any omission may be supplied, by affidavit and an order of the court amending such return in matters of substance, and said clerk shall receive ten cents per folio for recording said proceedings and return. 6. And be it enacted, That if the township committee, or the owner of lands or real estate so taken, as aforesaid, shall be dissatisfied with the assessment of said surveyors, they may have the same reviewed by proceeding in the manner provided by the fifth section of the supplement to the act to which this is a further supplement, which supplement was approved March first, eighteen hundred and fifty. 7. And be it enacted, That the provisions of this act shall Sussex and not extend to the counties of Sussex, and Somerset, and this act shall take effect immediately. Somerset. Approved March 27, 1874. Railroad companies ten cents is paid on Para CHAPTER CCCCLXXIV. An Act to authorize Railroad Companies to charge and collect an excess of ten cents, where fare is paid in the cars. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey. That it shall be lawful for any railroad may charge company owning or operating a railroad in this state, to dewhen fare mand and collect an excess charge of ten cents, over the regular or established rate of fare, from any passenger who pays fare in the car in which he or she may have taken passage; provided, however, that it shall be the duty of such company to give to any passenger paying such excess a recharged to ceipt or other evidence of such payment, and which shall entitle the holder thereof to have such excess charge refunded, upon delivery of the same at any ticket office of the said company, upon the line of their railroad. Proviso. be refunded 2. And be it enacted, That this act shall take effect immediately, and shall be deemed and taken to be a public law. Approved March 27, 1874. CHAPTER CCCCLXXV. An Act appropriating two thousand dollars to enable the Commissioners of Fisheries to stock the streams, etc., of the state with food fishes, etc. stocking 1. BE IT ENACTED by the Senate and General Assembly of the AppropriaState of New Jersey, That the sum of two thousand dollars, tion for be and the same is hereby appropriated, under the direction waters with of the commissioners of fisheries of the state of New Jersey, food fishes. to be used in stocking the lakes, ponds, and streams of our state, with food fishes, during the year one thousand eight hundred and seventy-four. 2. And be it enacted, That this act shall take effect immediately. Approved March 27, 1874. CHAPTER CCCCLXXVIII. A supplement to an act entitled "An act to regulate Fees." preme 1. BE IT ENACTED by the Senate and General Assembly of the Fees of suState of New Jersey, That from and after the passage of this court comact, supreme court commissioners shall be entitled to re- missioners.; ceive for their services the following fees and no more: For making every order for bail the sum of one dollar; For taking every recognizance of bail, the sum of one dollar; For approving every replevin bond, the sum of one dollar; For ordering the entry of every judgment on bond and warrant of attorney, the sum of one dollar; For taking testimony, the same fees as are now allowed to masters in chancery for like services. Approved March 27, 1874. |