led and Statement filed in the offices of the county collectors, respectively, there to remain as public records; the said statement audited. shall be forthwith audited by the county auditors or other proper county officers, and on or before the twentieth day of each month, the said sheriffs shall respectively pay over the amount of such fees and moneys to the county collectors of their respective Moneys paid counties, under penalty of one hundred dollars for each day's neglect to file such certificate or to pay over such moneys, to be recovered in the name of the board of chosen freeholders of such county where such default shall occur, for the use of said county, in an action upon contract in the supreme court, or in the circuit. court of said county. 3. The said sheriffs shall be personally liable to their respective counties for the payment of all such fees and costs, and for their own protection it shall be lawful for them to exact the payment of such fees and costs before receiving, filing or entering any paper, or executing writ, process, order or mandate, or performing any other services in their said offices for which costs, fees or compensation is allowed by law; and for convenience it shall be lawful for the said sheriffs to receive from suitors and their attorneys reasonable deposits of money in advance to answer such fees and costs, rendering an account thereof to the person making such deposit at least once in four months. Sheriff's liafees, etc. bility for Annual sheriffs. salary of 4. The said sheriffs in counties of the first class of this state shall be paid an annual salary of ten thousand dollars each, to be paid by the county collectors of their respective counties, in equal monthly payments, in full compensation for all services rendered by said sheriffs. in lieu of all fees and other compensation whatever heretofore provided or allowed by law; said sheriffs Assistants. shall select and employ the necessary deputies and assistants for said office, who shall receive such compensation as shall be approved by the boards of chosen freeholders of their respective counties, and who shall be paid monthly by the proper disbursing officers of the said counties on warrants authorized by the boards of chosen freeholders of their respective counties. All duties performed by incumbent. Legality of all proceedings. Sheriff's liabilities. Repealer. 5. No person hereafter elected to the office of sheriff in any county of the first class shall perform any of the duties of said office after he shall have ceased to hold said office by the expiration of the term for which he was elected, but all the duties of such office shall be performed by the person holding such office at the time when such duties are to be performed; whenever any person shall cease to hold the office of sheriff he shall deliver to his successor all process, orders, mandates and papers of every kind and nature whatosever remaining in his hands unexecuted, or unreturned, or otherwise outstanding, and also all moneys held by him; and all acts or duties which it would have been incumbent on the outgoing sheriff to perform had he not ceased to hold office shall be done and performed by his successor or successors. 6. No writ, process, order, mandate, sale, deed or other paper shall abate, be delayed or otherwise become inoperative because of the expiration of the term of any sheriff hereafter to be elected in any county of the first class, but the same shall be valid and effectual in the hands of his successor or successors in office as fully and completely as if no succession in office had intervened, and the execution, sale, delivery and return thereof, as the case may be, shall operate and be effectual according to the tenor thereof the same as if remaining in the hands of the sheriff to whom the same was originally delivered. 7. Nothing in this act contained shall be held to abrogate, diminish or impair the duties or liabilities of any such sheriff; but he shall be and remain subject to all the duties, responsibilities and liabilities heretofore devolving upon him by law. 8. All acts and parts of acts inconsistent herewith are hereby repealed and this act shall take effect, so far as respects said offices, at the expiration of the terms of office of the present sheriffs of said counties respectively. Approved, February 21st, 1905. CHAPTER 7. A Supplement to an act entitled "An act to incorporate the chosen freeholders in the respective counties of this state," approved April sixteenth, eighteen hundred and forty-six. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. Whenever any vacancy occurs in the board of chosen freeholders of any county in this state by reason of the failure of any city or ward to elect a member to said board of chosen freeholders, or by reason of the death, resignation, removal, or other disqualification from any other cause of any member of said board, it shall be lawful for the governing body of such municipality to fill such vacancy until the next general election. 2. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. 3. This act shall take effect immediately. Approved February 21st, 1905. CHAPTER 8. An Act for extending the time for completing certain railroads. Be it enacted by the Senate and General Assembly of the State of New Jersey: 1. Whenever the time limited for the completion Two years' of any railroad authorized to be constructed within extension. this state, under any special or general act, has expired, or shall expire before the thirty-first day of December, one thousand nine hundred and five, such time shall Proviso. Proviso. be and the same is hereby extended for the further period of two years from the passage of this act; provided, however, that this act shall not apply unless money has actually been expended in surveys or location of route, or in acquisition of right of way or in construction since January first, one thousand eight hundred and eighty-six; provided, further, that this act shall not apply to any corporation unless such corporation shall first, and as the condition precedent to the exercise of any power granted by this act, file in the office of the secretary of state an agreement, to be approved by the governor and attorney-general, waiving all right of exemption from taxation and from privileges and advantages arising from any law or contract, if any there be, establishing any special mode of taxation of any such corporation, and the further agreement to be bound by any general law of this state now in existence or that may be hereafter passed, taxing such corporations as are now authorized to be taxed by the legislature of the state under any general law, and further agreeing that the exercise of any power granted by this act shall not in any way affect the rights of this state, if any there exist, to take the property of such corporations under any existing law of this state, and agreeing further that all laws affecting such corporations shall be subject to alteration or repeal by the legislature. 2. This act shall be deemed a public act, and shall take effect immediately. Approved February 27th, 1905. CHAPTER 9. An Act to enable the state of New Jersey to take part in the inaugural parade at Washington, District of Columbia, on March fourth, one thousand nine hundred and five. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: State tion at representainauguration of President. 1. The governor is hereby authorized and requested to send a suitable representation of the national guard of this state to participate in the military display on the occasion of the inauguration of the president of the United States; and the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated to cover the cost of transportation and other necessary expenses for that purpose; and provided, that the services of the representation of Proviso. the national guard to be selected shall be voluntary. The Commander-in-chief is authorized and requested to make or cause to be made the following detail from the national guard, for the purposes aforesaid, to wit: Two companies of infantry from each regiment and two other companies of infantry, one from each brigade; the first troop of cavalry; the second battalion of naval reserves; the signal and telegraph corps and battery B field artillery; provided, that if any such Proviso. company, battery or battalion, shall refuse to volunteer for such service as aforesaid, the Commander-in-chief is authorized and requested to detail or cause to be detailed any other company, battalion or battery that shall volunteer for such service. 2. This act shall take effect immediately. Approved March 1st, 1905. |