have, although such mortgage may not have been executed, proved or recorded as a chattel mortgage. usury in any 6. And be it enacted, That no corporation or corpora- Shall not plead tions issuing bouds under the provisions of this act shall statute against plead any statute or statutes against usury in any court of suit to enforce law or equity in any suit instituted to enforce the pay- bonds. ment of such bonds or mortgages. payment of 7. And be it enacted, That all acts and parts of acts in- Repealer. consistent with this act, to the extent of such inconsistency, be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 8, 1893. CHAPTER LXIX. An Act to amend an act entitled "An act to authorize street railway companies incorporated by or under the laws of this state to merge and consolidate their corporate franchises and other property," approved April sixteenth, one thousand eight hundred and ninety-one. amended. 1. BE IT ENACTED by the Senate and General Assembly of Section to be the State of New Jersey, That section one of the said act be amended to read as follows: companies may solidate. 1. BE IT ENACTED by the Senate and General Assembly of Horse or other the State of New Jersey, That it shall be lawful for any street railway horse or other street railway company or companies or merge and conany company or companies owning or operating a railroad operated as a street railway incorporated by or under the laws of this state, to merge and consolidate its corporate franchises and other property with the corporate franchises and other property of any other horse or other street railway company incorporated by or under the laws of this state, which merger and consolidation may be effected in the same manner provided by 1845-129 Repealer. the statutes of this state for the merger and consolidation of horse railroad companies. 2. And be it enacted, That all acts and parts of acts inconsistent with or repugnant to this act, to the extent of such inconsistency or repugnancy, be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 8, 1893. Additional powers given to Proviso. To order con- sewer or drain. To order any straightened. CHAPTER LXX. A Further Supplement to an act entitled "An act to increase the powers of township committees," approved March eleventh, one thousand eight hundred and eighty. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the township committees of the several townships of this state shall hereafter have the following powers, in addition to the powers now vested by law in township committees; provided, however, that nothing in this act shall apply to or affect any street, avenue or highway under the charge or control of any county public road board in this state : I. To order and cause to be constructed any sewer or drain, whether open or covered, for the drainage of any street, highway or public place; to order and cause any street, &c., to be street, highway or alley already laid out or which may hereafter be laid out, or any part or parts thereof, to be straightened, altered or widened, and to take and appropriate for any such purposes any lands and real estate sating the owner. upon making compensation to the owner or owners thereof by the payment of damages; To take for such upon compen To order street paved, &c. II. To order and cause any street, highway or alley, or any part or parts thereof, to be graded, graveled, paved, macadamized or otherwise improved, as to them may seem advisable ; of sidewalks, &c. III. To alter the grade of any sidewalk, street or high To alter grade way, or of any part or parts thereof, and to ascertain and ge establish the boundaries of all streets, highways and alleys in said township, and to prevent and remove all To remove all obstructions and encroachments that may have been or may be made thereon; obstructions. trees. IV. To regulate, clean, and keep in repair all side. To regulate and walks, streets, highways and alleys in said township; to repair sidewalks, direct and regulate the planting, rearing, trimming and To direct the preserving the shade trees in the same, and to authoriz planting of shade or to prohibit the removal or destruction of said trees; to enforce the removal of snow, ice or dirt from the To enforce residewalks and gutters of said streets, highways or alleys &c., from sideby the owner or occupant of the premises fronting walks, &c. thereon, and also to prevent and forbid the removal of To prevent reearth, gravel or any other road making materials from moval of earth. the highways by any person or persons not acting under moval of snow, the authority of the township committee, and also to To abate and reabate and remove nuisances of every kind in any of the move nuisances. highways or public places of the township; moderate driving V. To prevent and punish immoderate driving or To prevent imriding in any street or highway, driving over or upon any sidewalk, and any cruelty to animals, and to author- To authorize deize the detaining without warrant, and the arrest of any taining without person who may be guilty thereof; warrant. ing of water, gas or sewer VI. To lay and regulate, or prohibit the laying of To regulate laywater or gas or sewer pipes in or under the streets and roads, or any part thereof, in said township, and to pro- Pipes. vide street lamps for, and to light the streets either with lamps. gas or other material; To provide street cadamizing, &c., walks by curb VII. To improve the streets, public roads and high- To improve ways of the township by macadamizing, grading and streets by ma paving the same, or otherwise, under the direction improve side and control of the township committee, and also for the ing, &c purpose of improving the sidewalks in said township, under the like direction and control, by curbing the same, or otherwise, and to determine in what manner any street, road or highway, or any part or parts thereof, shall be so improved; To regulate erection of VIII. To regulate or probibit the erection of signs or s gns or awnings, awnings over the streets or sidewalks. Town commit tees may pass prosecute offenders, &c 2 And be it enacted, That for the enforcement of the foreordinances, pre- going provisions of this act, the township committees of scribe penalties, the several townships of this shall have power to pass, alter and repeal, from time to time, any and all such ordinances as they shall think proper, to carry into effect the powers conferred by any or all of the foregoing purposes; and shall have authority to prescribe a penalty or penalties for the violation of any ordinance or ordinances, passed for any purpose under the fifth subdivision above, by a fine not exceeding fifty dollars; and may, in the name of the clerk of the township, prosecute offenders against the said provisions or of the said ordinances, before any justice of the peace elected in the townBook of record ship; and that the book of records of the ordinances of the said township shall be taken and received in all courts or elsewhere, as evidence of the due passage of all the ordinances recorded therein. of ordinances received in all courts Notice to be served upon owners of lots shall be passed. What such notice shall Contain 3. And be it enacted, That when at any meeting of the township committee any ordinance shall be offered at before ordinance said meeting by any member of said township committee, for any of the powers conferred on them by the first, second and third subdivisions hereof, such ordinance shall not be passed until the township committee shall have caused notice to be served upon the owners of lots or lands fronting or bordering upon the street affected by such ordinance, if such owners are known; such notice to contain a copy of the proposed ordinance, and stating the time and place when such ordinance will come before said township committee for final passage, which notice shall be served on such owner or owners, if known, at least five days prior to said time, by giving to each of them a copy thereof personally or left at their usual place of abode with a member of the family over the age of fourteen years, at which time and place all persons interested in said ordinance may appear and be heard by themselves, or their counsel, for or against the passage of such ordi Ordinance, shall be recorded by nance. 4. And be it enacted, That all ordinances that shall heretownship clerk after be passed by any township committee shall be enin book for that grossed by the township clerk in a book to be provided purpose, &c. for that purpose, with a proper index, which book shall be deemed a public record of such ordinances, and shall be and remain in the custody of the township clerk, and that every such ordinance hereafter passed shall be signed in the said book of the record of ordinances by the chairman of the township committee and the township clerk. shall be pub shall be of no 5. And be it enacted, That every ordinance hereafter Every ordinance passed as aforesaid shall be published one issue in a news- fished in a newspaper printed and circulating in such township, or if none paper or same be printed in such township then in a newspaper printed effect. in the county and circulating in such township, and until such ordinance shall have been so published as aforesaid, the same shall be of no effect. nances, or copies township clerk, shall be received in all courts as evidence. 6. And be it enacted, That the said book of the record of The book of ordinances shall be taken and received in all courts as record of ordievidence of said ordinances, and that copies of said ordi- certified by the nances, certified by the township clerk, under the corporate seal of the township, shall likewise be taken and received in all courts as evidence of said ordinances, and that the publication of said ordinances in a newspaper, as herein required, shall, in all cases, be presumed to have been made, until the contrary shall be proved. 7. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved March 8, 1893. CHAPTER LXXII. An Act concerning the collection of arrears of taxes in cities of this state. The receiver of the consent of 1. BE IT ENACTED by the Senate and General Assembly of taxes authorized the State of New Jersey, That in any city of this state in to appoint, with which the collection of arrears of taxes is now performed finance commitby deputy collectors of arrears of taxes, it shall and may be lawful for the receiver of taxes of such city, or other tee or board of finance, addi tional deputy collectors. |