Member of

police force not to be an elec

tion officer.

Office of judge, inspector or

vacant.

filled.

CHAPTER XXXIV.

An Act entitled "An act to regulate the election of judges, inspectors and clerks of elections in cities, towns and townships."

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall, hereafter, be unlawful for any member of the regular police force in any city, town, or township of this state to hold the office of judge, inspector or clerk at any general or special election

in this state.

2. And be it enacted, That if any such person, a member clerk declared of the regular police force in any city, town or township of this state now holds by election or appointment any such office of judge, inspector or clerk of elections, the Vacancy, how same is hereby declared vacant; and that any vacancy caused by the provisions of this act shall be filled on the morning of election by the qualified voters assembled at such time and polling places where the said vacancies may exist; and the person or persons receiving the largest number of votes for any office so made vacant, shall be declared elected to the same.

Judge of election to fill vacancies.

3. And be it enacted, That the inspector of election, who was elected at the last annual charter election and qualified as such, shall act as judge of the election to fill all vacancies occurring by virtue of the proceedings of this act, and a true statement of the result of such election shall be made under oath by said inspector to the clerk of the city, town or township where such election occurs, who shall file the same in his office as an official paper. 4. And be it enacted, That the provisions of this act judge, inspector shall not interfere with those of any previous act, except ed from police as refers to any member of a regular police force in this state, who now holds or might hereafter be elected to the office of judge, inspector or clerk of elections.

Provisions of

act to apply to

or clerk select

force.

5. And be it enacted, That all laws or parts of laws in- Repealer. consistent with any provisions of this act, be and the same are hereby repealed, and that this act shall be deemed a public act, and take effect immediately. Approved February 26, 1879.

CHAPTER XXXV.

A Further Supplement to an act entitled "An act to regulate elections," approved April eighteenth, one thousand eight hundred and sixty-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section one hundred and seventy-four of said act, and which reads as follows:

amended recit

"174. And be it enacted, That whenever there shall occur Section to be any vacancy, from any cause, in the office of judge or inspec- ed." tor of election in any election district, the common council or board of aldermen of the city shall fill the same; but in all cases they shall provide that no more than two of the members of the board of election shall be chosen from the same political party," be amended so as to read as follows:

174. And be it enacted, That whenever there shall occur Section as any vacancy from any cause, in the office of judge, inspector or clerk of election in any election district, the common council or board of aldermen of the city shall fill the same; but in all cases they shall provide that no more than two of the members of the board of election shall be chosen from the same political party. Approved February 27, 1879.

Majority of directors not

residents of

this state.

CHAPTER XXXVI.

An Act respecting foundries and machine companies.

1. BE IT ENACTED by the Senate and General Assembly of required to be the State of New Jersey, That where any foundry and machine companies have been organized under any law of this state and are carrying on the foundry and machine business, it shall not be necessary, from and after the passage of this act, that a majority of the direc tors of such company be residents of this state; provided, that at least one of said directors be resident within this state.

Proviso.

Repcaler.

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

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

Approved February 27, 1879.

Payment for

publication of

authorized.

CHAPTER XXXVII.

An Act relative to the publication of the minutes and proceedings of the several municipal boards of the cities of this state.

1. BE IT ENACTED by the Senate and General Assembly of official minutes the State of New Jersey, That in any city in this state the minutes and proceedings of the municipal boards of which were authorized by act of the legislature, to be published and the official newspapers for such publica

tion were to be designated by one or more of said boards, if the said board or boards or any or either of them so having the right to designate as aforesaid, shall have designated a newspaper or newspapers as official to publish all legal notices required by the city charter, and the newspaper or newspapers so designated shall have published the official minutes or proceedings of said board or boards, although not designated as official newspapers for that especial purpose, said newspaper or newspapers having been designated as official to publish the minutes and official proceedings previously to the designation to publish said legal notices, and having published said previous minutes and official proceedings and received compensation for such publication, it shall be lawful for the proprietor or proprietors of said official newspaper or newspapers to receive and recover from the city, the board or boards of which shall have made the designation to publish all legal notices as aforesaid, compensation for the publication of said official minutes and proceedings subsequent to said designation, according to the rates fixed by said board or boards for such publication, or paid by them to such newspaper or newspapers as were especially designated for that purpose; provided, that the provisions Proviso. of this act shall not apply, except in cities of this state having over fifty thousand inhabitants at the last state

census.

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

Approved February 27, 1879.

CHAPTER XXXVIII.

An Act to amend "An act respecting the orphans' court, and relating to the powers and duties of the ordinary, and the orphans' court and surrogates," [Revision], approved March twenty-seventh, one thousand eight hundred and seventy-four.

Section to be amended recited.

Section as amended.

Amendment.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the one hundred and fiftyninth section of the act, of which this is amendatory, and which is in the following words:

"159. And be it enacted, That all examinations to be taken and made use of at the hearing of any cause in the orphans' court of any county, may be taken and reduced to writing before the surrogate of such county, or a master in chancery; which examinations shall be taken on ten days' notice of the time and place of taking the same, given by the party or his attorney to the opposite party or his attorney; and either of the parties may, in person or by his attorney, be present and examine and cross-examine such witnesses; and the examination so taken shall be of the like force and effect as if taken in the orphans' court, before the judges thereof, and shall be filed with the clerk of the said court, and read in evidence upon the hearing of the cause, saving all just exceptions," be and the same is hereby amended to read and be in the following words:

159. And be it enacted, That all examinations to be taken and made use of at the hearing of any cause in the orphans' court of any county, may be taken and reduced to writing before the surrogate of such county, or a master in chancery, which examinations shall be taken on ten days' notice of the time and place of taking the same, given by the party or his attorney to the opposite party or his attorney, and either of the parties may, in person or by his attorney, be present and examine and cross-examine the witnesses testifying at such examinations; and the examination so taken shall be of the like force and effect as if taken in the orphans' court, before the judges thereof, and shall be filed with the clerk of the said court, and read in evidence upon the hearing of the cause, saving all just exceptions; but in any particular cause it shall be lawful for the president judge of said court, with the written approval of the justice of the supreme court holding the circuit in that county, to employ a competent stenographic reporter to take down the evidence of such witnesses as may be examined in that particular cause, for the use of the court, and the parties in the cause, and to fix, allow and tax the fees and