CHAPTER DX.

A Further Supplement to the act entitled "An Act to incorporate a company to form an artificial navigation between the Passaic and Delaware rivers," passed December thirtyfirst, eighteen hundred and twenty-four.

struct rail

1. Be it enacted by the Senate and General Assembly of Power to conthe State of New Jersey, That the Morris Canal and Banking ways. Company are hereby authorized and empowered to construct railways in this state, except in the counties of Hudson and Essex, with one or more tracks, connecting their canal with. such railroads in this state, except in Hudson or Essex county, as now are or may hereafter be built, and to work and operate the same in aid of their business; provided, that Proviso. neither of the said connecting railways shall be more than two miles in length from the Morris canal, and shall not cross the track of the Morris and Essex Railroad Company at any point without the permission of said company.

2. And be it enacted, That the Morris Canal and Banking Right of way Company are hereby authorized and empowered to obtain the to be obtained right of way for the construction of the said connecting railways, respectively, in the same manner as is provided for obtaining the right of way in the act to which this is a supple

ment.

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

Approved April 17, 1868.

71

Provisions of

act extended.

CHAPTER DXI.

An Act to extend the provisions of a "Supplement to an act concerning Roads," approved March twenty-third, one thousand eight hundred and fifty-nine, being a supplement to "An Act concerning Roads," approved April sixteenth, eighteen hundred and forty-six, to the township of West Windsor, in the county of Mercer.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the provisions of a "Supplement to an act concerning roads," approved March twenty-third, eighteen hundred and fifty-nine, being a supplement to “An Act concerning roads," approved April sixteenth, eighteen hundred and forty-six, be and the same are hereby extended to the inhabitants of the township of West Windsor, in the county of Mercer.

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

Approved April 17, 1868.

Power to con

CHAPTER DXII.

A Supplement to the act entitled "An Act to incorporate the Pavonia Horse Railroad Company," approved April fourth. eighteen hundred and sixty-seven.

1. BE IT ENACTED by the Senate and General Assembly of struct railroad the State of New Jersey, That the said company shall be and hereby are authorized and empowered to construct a railroad from a point at or near the Pavonia Ferry in Jersey City to the place commonly known as West End in the city of Hudson, and for that purpose to lay one or more tracks in any street or streets in Jersey City and in the city of Hudson, and also over private property; provided, that the right to lay such tracks over private property shall first have been

Proviso.

acquired by purchase from or consent in writing of the owner or owners of such private property; and provided further, Proviso. that the consent of the common councils of Hudson City and Jersey City shall first be obtained before said company shall lay any tracks in said cities, and that the route or routes of said railroad shall be first approved by the resolutions of the common council of Jersey City and of Hudson City, for such parts of said route or routes as shall be located in Jersey City and Hudson City.

2. And be it enacted, That no motive power except by Steam power horses or other animal power shall be used on the said rail

road.

not to be used

3. And be it enacted, That the sixth section of the act to Repealer. which this is a supplement, be and the same is hereby repealed, and that this act shall be taken as a public act, and shall take effect immediately. Approved April 17, 1868.

CHAPTER DXIII.

A Supplement to an act entitled "An Act relating to the assessment and revision of taxes in the city of Newark," approved March fifteenth, eighteen hundred and sixty-six.

ments.

1. BE IT ENACTED by the Senate and General Assembly of Time for makthe State of New Jersey, That for the present year only, the ing assesstwentieth day of April shall be the day for making the assessment of taxes in the city of Newark, in said state, and all valuation of property and assessment of taxes for said year in said city shall be considered as made on said twentieth day of April.

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

Approved April 17, 1868.

Proceedings

when husband neglects to

provide for

his family.

CHAPTER DXIV.

A Further Supplement to an act entitled "An Act to describe, apprehend and punish disorderly persons," passed June tenth, seventeen hundred and ninety-nine.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any husband or father who and maintain deserts or wilfully refuses or neglects to provide for and maintain his family shall be deemed and adjudged a disorderly per son; and that whenever any overseer of the poor of the township or city within which any husband or father resides believes that such person does desert or wilfully refuse or neglect to provide for and maintain his family, and that by reason thereof such family may become chargeable to such township or city, it shall be his duty to make complaint thereof, under oath, before some justice of the peace therein.

Further proceedings.

Further proceedings.

2. And be it enacted, That upon receiving such complaint, the said justice shall issue his warrant, directed to any constable of the county, for the immediate apprehension of the person so complained of, and for bringing him before such justice, upon the return of which warrant said justice shall cause such person to enter into a bond to said overseer, in any sum not exceeding five hundred dollars, with good security, conditioned for his appearance before said justice at a time therein named, to answer said complaint, and to abide all orders, judgments and decrees that may be made against him touching said complaint; and in default of such person entering into such bond, and giving such security, said justice shall commit him to the county jail, to await the investigation of said complaint.

3. And be it enacted, That at the time of appearance mentioned in said bond, the justice shall proceed to hear the witnesses produced to substantiate and rebut the said complaint, and shall decide whether such person is guilty or not guilty thereof; if he decides such person guilty he shall adjudge him to be a disorderly person, and in lieu of the penalties now prescribed for disorderly persons, such justice may make an order requiring such person to pay such sum weekly to said overseer for the support and maintenance of his family as to said justice may seem proper; but if such person acknow

ledges himself guilty, then said justice may forthwith make such adjudication and order.

continued.

4. And be it enacted, That at any time previous to the Proceedings hearing of said cause, either party may demand a trial by jury, whereupon said justice shall issue a venire facias, to summon a jury of twelve men competent as jurymen to try said complaint, and to decide whether the person complained of as aforesaid be guilty or not guilty; and such venire shall be issued and returned, and such jury shall be empannelled and sworn, and such complaint tried as in courts for the trial of small causes; and in case said jury decide such person guilty, then said justice shall proceed as though he had decided such person guilty, if no jury had been demanded.

peal.

5. And be it enacted, That either party upon paying all In case of apcosts incurred, and by filing with said justice within ten days after trial before him a written notice of his intention to appeal from the decision of said justice or jury, may appeal to the next court of general quarter sessions of the peace, and may there demand a trial by jury, which said court shall proceed to try the same and to make such adjudication and order thereon as is herein provided, in case of such trial before said justice; and any order made by said court shall be held to commence to run from the date of the trial before said justice.

subpoena.

6. And be it enacted, That any justice before whom any Justice may complaint as aforesaid shall be made, is authorized to issue writs of writs of subpoena, and to make adjournments; and the jurymen and witnesses shall receive such pay, and be subject to such fines and punishments, and the justices and constables shall receive such fees for the services as are allowed them for like services in courts for the trial of small causes; the overseer shall be entitled to the sum of one dollar for his fees, both in the court below and on appeal; and the justice shall be entitled to the like sum for making the adjudication and order, the losing party to pay all costs of suit.

7. And be it enacted, That all orders made under the pro- Witnesses. visions of this supplement shall continue in force for the term of one year from the time when the payments therein directed commence to run; but such order shall not be a bar to a subsequent complaint after the expiration of said term, and upon all trials both the wife of the person complained of and himself may be witnesses.

8. And be it enacted, That where any order shall be made when bond in pursuance of this supplement, the person against whom the shall be made.