ty, &c., to have concurred in and cognizance of the structures and property connected with trol of properthe supply and distribution of water, or the supplying, sale no force unless and use of water in any city in this state, shall be of any force by board of or effect unless the same be concurred in by the board of finance and taxation, or other board having control of the fiscal department of said city. 2. And be it enacted, That this act shall take effect immediately. Approved March 16, 1881. finance or other board. CHAPTER CIX. An Act to establish a uniform standard of weights and mea sures in this state. weights and measures es 1. BE IT ENACTED by the Senate and General Assembly of Standard of the State of New Jersey, That the standard of weights and measures of the United States, now deposited in the office of tablished. the secretary of state, at Trenton, and in the offices of the clerks of the several counties of this state, shall be the standard of weights and measures of this state, and of the several counties thereof; and the said secretary of state and county Duties of secreclerks, and their successors in office, are hereby required to county clerks. preserve and care for the same, and to keep them in proper condition for comparison with those used by the inhabitants this state, when required by the provisions of this act. tary of state and Weight of cer 2. And be it enacted, That in this state the bushel of barley Avoirdupois. shall consist of forty-eight pounds; of buck wheat fifty pounds; tain articles to of clover seed, sixty-four pounds; of flax seed, fifty-five the bushel. pounds; of Indian corn, fifty-six pounds; of amber sugarcane seed, fifty-seven pounds; of oats, thirty pounds; of rye, fifty-six pounds; of wheat, sixty pounds; of Irish potatoes, sixty pounds; of sweet potatoes, fifty-four pounds; of beans, sixty pounds; of peas, sixty pounds; of onions, fifty-seven pounds; of dried peaches, thirty-three pounds; of dried apples, twenty-five pounds, and of all other articles usually sold by the bushel and not weighed, the capacity of the bushel Penalty for selling or vend of less weight or measure than established. shall be two thousand one hundred and fifty and forty-two hundredths cubic inches; of liquids, the standard gallon shall contain two hundred and thirty-one cubic inches; the avoirdupois pound, of seven thousand grains troy, shall be the standard for all commodities usually sold by weight, except gold, sil ver, jewels and apothecaries' drugs, of which five thousand seven hundred and sixty grains troy shall constitute a pound; the standard yard shall consist of three feet or thirty-six inches, and the chain for the measurement of lands shall consist of four rods or sixty-six feet. 3. And be it enacted, That if any person or persons within ing wares, &c., this state shall wilfully vend or sell any wares or merchandize, or any commodity whatever, by any weight or measure of a less length, weight or capacity than those mentioned in this act, for the purpose of defrauding the person or persons purchasing the same, the person or persons so offending shall, on conviction thereof, forfeit and pay, for every offence, a sum not less than two nor more than five times the value of the article so illegally sold, to be recovered by action of debt, with costs, in any court having cognizance of that sum, onehalf of said penalty to go to the prosecutor, and the other half to the educational fund of the township in which the offence may have been committed. Persons may compare weights and measures with with county clerks. 4. And be it enacted, That for the protection of any person or persons against prosecution for violating this act, he, she or those deposited they shall have access to the standard weights and measures which now are or may hereafter be deposited in the clerk's office of their respective counties, for the purpose of comparing the several weights and measures by them used with those so deFee of county posited; and the said clerks shall be entitled to receive one cent for every weight, two cents for every measure and ten cents for every scale compared, adjusted or corrected, to be paid by the person by whom application is made. clerks. Certain act and supplements repealed. 5. And be it enacted, That the act entitled "An act to establish a uniform standard of weights and measures in this state, and to provide for the appointment of a state superindent and inspector of the same," passed March twenty-fifth, one thousand eight hundred and seventy-two, and all supplements thereto, be and the same are hereby repealed. 6. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Passed March 17, 1881. CHAPTER CX. A Supplement to an act entitled "An act concerning executors and the administration of intestates' estates," approved March twenty-seventh, one thousand eight hundred and seventy four. amended. Surviving executor authorized to prove will and sell or &c. 1. BE IT ENACTED by the Senate and General Assembly of Section to be the State of New Jersey, That the tenth section of the act to which this is a supplement, as amended by the act entitled "A supplement to an act entitled 'An act concerning executors and administrators of intestates' estates," approved March twenty-seventh, one thousand eight hundred and seventy-four, and approved February twenty-sixth, one thousand eight hundred and seventy-nine," be and the same is hereby amended so that the said amended section shall be and read as follows: 10. And be it enacted, That where any lands, tenements or hereditaments have been or shall be given, or devised by any last will or testament, executed in due form of law to the ex- convey lands, ecutors therein named, or any of them, to be sold, or have been or shall be thereby ordered or directed to be sold by the executors therein named, or any of them, and one or more of said executors shall die or have died, in the lifetime of the testator, or, if living at the death of the testator, shall refuse or neglect to prove the said last will of the testator, or shall die, or, if having proved said last will, and taken upon himself, herself or themselves, the execution thereof shall die, or resign the executorship or remove out of this state and refuse to act, or have died, or resigned the executorship or removed out of this state and refused to act, or shall be or have been discharged or removed from office by any court of competent jurisdiction, then and in any of such cases, the trusts in said will shall vest in the other executor or executors in said will named who shall prove, or heretofore hath or have proved said last will, and in the survivor or survivors of them, unless it shall be or is otherwise expressed in said will; and it shall be lawful for such acting or surviving executor or executors to sell and convey the said lands, tenements and hereditaments of the testator, in the same manner, to all intents and purposes, as if all had been living or acted and joined in such sale. 2. And be it enacted, That this act shall take effect immediately. Approved March 17, 1881. CHAPTER CXI. Section to be amended. Penalty for selling or ex posing for sale or marsh hen. any reed bird A Further Supplement to an act entitled "An act to amend and consolidate the several acts relating to game and game fish," approved March twenty-seventh, one thousand eight hundred and seventy-four, and the supplement thereto, approved March eighth, one thousand eight hundred and seventy-seven. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section ten of the act to which this is a supplement, be amended so as to read as follows: 10. And be it enacted, That no person shall kill or expose for sale, or have unlawfully in his or her possession, after the same has been killed, any rail bird, except in the months of September, October and November; any reed bird or marsh hen except from the twenty-fifth day of August to the first day of December, under a penalty of five dollars for each and every rail bird, marsh hen or reed bird so killed or had in possession. 2. And be it enacted, That this act shall take effect immediately. CHAPTER CXII. A Further Supplement to the act entitled "An act in relation to the court of pardons," approved January eighteenth, one thousand eight hundred and fifty-three. upon applica before court in 1. BE IT ENACTED by the Senate and General Assembly of Persons may, the State of New Jersey, That whenever any person, after con- tion for a par viction, has heretofore been, or may hereafter be, sentenced to don, be heard imprisonment, and has served out, or may serve out, the full person or by term of such imprisonment, and shall apply to the court of counsel. pardons, of this state, for a pardon and a restoration of the rights and privileges forfeited by such conviction and imprisonment, such person may be heard before said court, either in person or by one counsel. 2. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with the provisions of this act are hereby repealed, and that this shall be a public act, and take effect immediately. Approved March 17, 1881. CHAPTER CXIII. An Act in relation to encumbered cities. WHEREAS, Some of the cities in this state are encumbered Preamble. with municipal indebtedness to so great an extent that the annual interest thereon payable by such cities, together with the annual taxable charge upon the taxpayers of such cities, amounts to more than can be readily raised by taxation therein; and whereas, it is expedient that in such cases the governing powers of such cities and their respective muni |