75. To A. C. Davis, clerk, for stationery for Assembly, four hundred and thirty dollars and thirty-three cents.

76. To Thomas Macpherson, for paper for Assembly, two dollars.

77. To Charles G. McChesney, for engraving executive seal, five dollars.

78. To A. R. Titus, for carpeting, &c., for state house, three dollars and thirty-six cents.

Approved, April 18, 1846.

AN ACT to regulate the state library.

bond.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That there shall be elected triennially, Librarian to give by the Senate and General Assembly, in joint meeting, a state librarian, who shall hold his office for the term of three years and until a successor is chosen and qualified to serve; and said librarian shall, before he enters upon the duties of his said office, enter into bond to the state of New Jersey, with two good and sufficient sureties, being freeholders in the said state, in the penal sum of one thousand dollars, to be approved by one of the justices of the supreme court, conditioned that if he shall well and truly execute the office of state librarian, and in all things touching and concerning said office, shall well and truly, faithfully and impartially, perform the same, as well with respect to all persons whatsoever concerned as to the said state of New Jersey, and at the expiration of his said office shall deliver all the books, pamphlets, records and papers remaining in the said library, or appertaining thereto, to his successor in office, then the said obligation to be void, otherwise to be and remain in full force and virtue; and shall also take an oath or affirmation, before one of the said justices, that he will well, truly, faithfully, and impartially execute all the duties of state librarian agreeably to law, according to the best of his skill and understanding; which said bond and affidavit shall be filed in the office of secretary of state, there to remain of record.

2. And be it enacted, That the library shall be kept open, Persons entitled in the state house, at all times during the session of the legisla- to use of librature and of the courts of this state, and of the United States,

ry.

Librarian to

which sit at Trenton (Sundays excepted), in each day, from nine o'clock in the morning until six o'clock in the evening. and shall be for the use of the members of the legislature, the secretary and clerks of the respective houses, the officers of the executive department of the state government, judges of the district and circuit courts of the United States, district attorney, chancellor, judges of the supreme court and of the court of errors and appeals of this state, adjutant and quartermaster generals, attorneys of the supreme court, and all other persons who have been, or may be at any time entitled by law to the use of books from such library, when any of them shall be at the seat of government.

3. And be it enacted, That it is further made the duty of the librarian, with the advice and consent of the governor, make rules, &c. treasurer, and secretary of state, or any two of them, to prescribe, from time to time, such rules and regulations for the government of the library as they shall think proper, and a copy of such rules shall at all times be set up in a conspicuous place in the library for inspection; and all fines and forfeitures accruing under and by virtue of such by-laws, shall be recov erable by action of debt, to be brought by the treasurer, before any court having jurisdiction of the amount, in the name of the state of New Jersey, for the use of the state library; and in all such trials, the librarian shall be a competent witness, and his entries, to be made as herein after directed, shall be prima facie evidence of the delivery of the book or books, and the date of such delivery.

Librarian to

make entry of books loaned.

Annual expend

iture for in

4. And be it enacted, That the librarian shall arrange the books in proper order, and preserve them from being injured by moths, moulding, or otherwise, as far as practicable; he shall keep proper books, in which he shall make an entry of all books taken out, designating the name of the person taking the same, and also of the books returned; he shall also keep an accurate catalogue of books belonging to the library, alphabetically arranged, and shall, in the month of January, annually, report to the legislature a full and complete statement of the condition of the library, naming the books lost and destroyed, if any there be, and the cost of such works, and the name or names of the individuals to whom they were charged, together with the fines assessed and collected under the rules and regulations to be prescribed as aforesaid; he shall also keep an account of the manner in which moneys appropriated for the improvement of the library shall be expended.

5. And be it enacted, That there shall be expended annually, by the librarian, under the direction of the governor, seccrease of libra- retary of state, and treasurer, or any two of them, the sum of two hundred and fifty dollars for the increase of the state li

ry.

brary; out of this fund he shall procure the binding of one copy of each volume of the laws and reports of other states and territories sent to this state, and also of ten copies of the laws and joint resolutions passed at each session of the legislature, ten copies of each of the journals of the Senate and General Assembly, five copies of the Chancery Reports, five copies of the Supreme Court Reports, one copy of the bills of each house, and such other books as may require binding or rebinding.

6. And be it enacted, That it shall be the duty of the secretary of the Senate and clerk of the General Assembly to deliver to the librarian, immediately after the final action of both houses, each and every bill and joint resolution lost upon its final passage; and at the close of each session, they shall also deliver to the librarian all bills laid on the table and unacted upon, together with those indefinitely postponed or postponed to the next sitting of the legislature.

Bills not passed to be deposited

in library.

7. And be it enacted, That the librarian shall be allowed Compensation for his services the sum of two dollars for every day he shall to librarian. be employed during the session of the legislature and the sitting of the above mentioned courts (while in session as held in the state house), and for all other duties he shall receive one dollar for each and every day necessarily employed; his account shall be audited by the secretary of state, and paid out of the treasury, upon warrants drawn by the president of the Senate or governor of this state for the time being.

8. And be it enacted, That there shall be appointed annu- Committee to ally, a joint committee of the legislature, whose duty it shall examine library. be to examine into the condition of the library, order any repairs that may be necessary, and recommend additions and improvements to the same, by exchange, purchase, or otherwise; they shall also report to the legislature the manner in which the money appropriated for the enlargement of the library has been expended, and whatever else they think proper to make the same useful.

Approved, April 10, 1846.

AN ACT for the preservation of clams and oysters.

1. BE IT ENACTED by the Senate and General Assembly of Beds not to be the State of New Jersey, That from and after the first day

of

raked at certain

times.

Penalty for us. ing dredges.

Proviso.

Justices of the

warrant, &c.

May until the first day of September, yearly and every year, no person, under pretence of taking clams or shell-fish, or upder any other pretence whatsoever, shall rake on any oyster bed in this state, or gather any oysters or shells on any banks or beds within the same; and in case any person shall so do, whether oysters be taken or not, he shall for every offence for feit and pay ten dollars, to be recovered, with costs, by action of debt, by any person who shall prosecute for the same in any court of record in this state having cognizance of that sum one moiety thereof to the use of the prosecutor, and the other moiety to the county collector, for the use of the county in which the offence was committed; provided, that nothing it this section shall be so construed as to prohibit any person o persons from taking oysters from beds planted out by him or them pursuant to this law.

2. And be it enacted, That in case any person residing in or without this state, shall at any time hereafter rake forer gather oysters in any of the rivers, bays, or waters of this state with a dredge, or instrument so called, or shall be on board of any canoe, boat, or vessel employed in raking with such in plement, such person so offending shall forfeit and pay the sum of fifty dollars, to be recovered in the manner and for the use mentioned in the next preceding section; provided, that this and the sixth sections shall not extend, so far as regards per sons residing in this state, to the Delaware bay.

3. And be it enacted, That it shall be the duty of every peace to isssue justice of the peace, upon his own view or the information of any person on oath or affirmation, to issue his warrant to one or more of the constables in his county, commanding him or them to require such and so many persons as he or they deem necessary, to aid and assist him or them in apprehending every person offending against either of the preceding sections, in any of the bays, rivers, or waters of this state, and forthwith 'to bring such offender, when apprehended, before the said justice, or any other justice of the peace of said county, to be proceeded against in the manner herein before directed.

Penalty for of fering oysters for sale at certain seasons.

Penalty for ga

for lime.

4. And be it enacted, That if any person shall hereafter sell, or offer for sale, oysters in any part of this state, between the first day of May and the first day of September, such person shall, for every such offence, forfeit and pay five del lars, to be recovered and applied in manner directed in and by the first section of this act.

5. And be it enacted, That if any person shall at any time thering oysters hereafter rake or gather oysters in any of the rivers, bays, or waters of this state, for the purpose of burning or converting them into lime, or for the purpose of conveying them to any

of the landings to be used in the manufactory of iron in any of the furnaces in this state, or shall land them on any bank or landing for either of the purposes aforesaid, every person so offending shall forfeit and pay fifty dollars for each and every offence, to be recovered and applied in manner directed by the first section of this act.

6. And be it enacted, That no canoe, scow, boat, or vessel, Vessels not to employed in navigating any of the waters, bays, or rivers of carry dredge. this state, shall have on board of the same any instrument called a dredge, for catching or raking oysters or shell-fish; and the master or owner or owners of every such canoe, scow, boat, or vessel, that shall have on board of the same any such instrument, shall forfeit the sum of fifty dollars, to be recovered in the manner and for the use mentioned in the first section of this act.

7. And be it enacted, That it shall not be lawful for any Non-residents person who is not at the time an actual inhabitant and resident not to gather of this state, and who has not been for six months next pre- . oysters, clams, ceding an actual inhabitant or resident as aforesaid, to rake or gather clams, oysters, or shell-fish, either on his own account and benefit or on account and benefit of his employer, in any of the rivers, bays, or waters of this state, on board of any canoe, flat, scow, boat, or other vessel; and every person who shall offend herein shall forfeit and pay twenty dollars, to be recovered and applied in the manner directed by the first section of this act; and the said canoe, flat, scow, boat, or other vessel, used and employed in the commission of such offence, with all the clams, oysters, clam-rakes, tongs, tackle, furniture, and apparel, shall be forfeited, and the same seized, secured, and disposed of, in the manner prescribed in the ninth and tenth sections of this act.

commenced.

8. And be it enacted, That any action under the first, Actions under sixth, or seventh sections of this act, may be commenced by this act, how warrant in the court for the trial of small causes, and be proceeded in as in other cases when the same are commenced by warrant, any law; usage, or custom to the contrary notwithstanding.

9. And be it enacted, That it shall be the duty of all sher- Offenders, bow iffs and constables, and may be lawful for any other person or proceeded a persons, to seize and secure any such canoe, flat, scow, boat, gainst. or other vessel as aforesaid, and immediately thereupon give information thereof to two justices of the peace of the county where such seizure shall have been made, who are hereby empowered and required to meet at such time and place as they shall appoint for the trial thereof, and hear and determine the same; and in case the same shall be condemned, it