CHAPTER CCCCXCVIII.

A Further Supplement to the act entitled "An Act to regulate the practice of the Courts of Law," approved April fifteenth, eigh teen hundred and forty-six.

be designated

letter or con

names.

1. BE IT ENACTED by the Senate and General Assembly of Persons may the State of New Jersey, That in all actions upon bills of by the initial exchange, promissory notes, or other written instruments, any traction of of the parties to which are designated by the initial letter or christian letters or some contraction of the christian or first name or names it shall be sufficient in every affidavit to hold to bail, and in the process or declaration, to designate such party by the same initial letter or letters or contraction of the christian or first name or names, instead of stating the christian or first name or names in full.

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

Approved March 17, 1870.

CHAPTER DIII.

A Supplement to an act entitled "An Act concerning Witnesses."

nesses.

1. BE IT ENACTED by the Senate and General Assembly of Husband or wife may be the State of New Jersey, That in any trial or inquiry in any made witsuit, action or proceeding in any court, or before any person having by law or consent of parties, authority to examine witnesses or hear evidence, the husband cr wife of any party thereto, or who has any interest in said suit, action or proceeding, or of any person in whose behalf any such suit, action or proceeding is brought, prosecuted, opposed or defended, shall, except as hereinafter stated, be competent and

Exceptions.

Exception.

compellant to give evidence the same as other witnesses on behalf of any party to such suit, action or proceeding.

2. And be it enacted, That nothing herein contained shall render any husband or wife competent or compellable to give evidence for or against the other in any criminal action or proceeding or in any action or proceeding for divorce on account of adultery, or in any case of bigamy, except to prove the fact of marriage, or in any action or proceeding for or on account of criminal conversation.

3. And be it enacted, That no husband or wife shall be compellable to disclose any confidential communication made by one to the other during marriage.

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

Approved March 17, 1870.

Tax on dogs.

Owner shall provide collar with name thereon.

Registry of dogs.

No damages for dogs killed

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That a state tax of two dollars on the owner of every dog, and three dollars on the owner of every bitch be levied and collected at the same time and manner that taxes are now collected.

2. And be it enacted, That it shall be the duty of all owners of dogs, of either sex, to provide the same with a collar, to be worn at all times, with the owner's name and address thereupon.

3. And be it enacted, That dogs of either sex, to be considered as property, shall be registered, by numbers, free of charge, in the township or city clerk's office of each township or city where such owner resides.

4. And be it enacted, That no damages shall be collected while destroy by the owners of any dog killed in the act of destroying cating sheep, &c. tle, sheep or poultry.

used as a fund

5. And be it enacted, That the taxes collected by each Taxes to be county in pursuance of this act, be used by said county as a for owners of fund for the award and protection of owners of sheep de sheep. stroyed or killed by dogs; any surplus over and above the Surplus to be settlement in full of all claims for killed sheep, to be used school purannually for public school purposes, under the direction of poses. county school superintendent.

applied to

6. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with this act, be and the same is hereby repealed.

dogs without a

unregistered.

7. And be it enacted, That it shall be lawful for any person Lawful to kill or persons to kill and bury any dog or bitch found running at cor and large without a collar or known to be unregistered, for which known to be service he or they shall receive the sum of fifty cents per head, to be paid by the collector of the town, township or ward where said dog or bitch was killed, upon presentation of a proper affidavit to that effect.

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

Approved March 17, 1870.

CHAPTER DV.

Supplement to an act entitled An Act constituting Courts for the trial of Small Causes."

fendant files

plaintiff shall

suit without

1. BE IT ENACTED by the Senate and General Assembly of In actions the State of New Jersey, That in all actions which may be where the debrought by virtue of the act to which this is a supplement an offset the wherein the defendant shall have filed an offset as in and by not withdraw said act is directed or allowed, the plaintiff shall not be per- the consent of mitted to withdraw his suit, nor shall any judgment of nonsuit the defendant. or discontinuance be entered, without the consent of the defendant, but the justice shall proceed to hear and determine the matters in difference between the parties on motion of defendant in case the plaintiff shall neglect or refuse to move in the cause, and if it shall appear upon evidence produced by said defendant that the plaintiff is actually indebted to

Proviso.

him, shall render judgment in his favor for the amount as found. due the said defendant; provided, the defendant shall have filed an affidavit with the justice at the time of filing his offset, that the said offset is not filed for the purpose of delay, and that he verily believes that he does not owe the plaintiff anything, but that the plaintiff is justly indebted to him in a certain sum which shall be stated in the affidavit.

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

Approved March 17, 1870.

Any member

tee of the

cil of a city

witnesses in

regard to its

affairs and interests.

CHAPTER DVI.

Supplement to "An Act concerning Witnesses," approved April sixteenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of of a commit- the State of New Jersey, That whenever the common councommon council of any city within this state shall have appointed a commay adminis- mittee of members of their body upon any subject or matter ter an oath to within the jurisdiction of such common council, or to examine any officer of the city or member of said council in relation to the discharge of his official duties or conduct, or to the receipt or disbursement by him of any moneys in the discharge of said duties, or concerning the possession or disposition by him in his official capacity of any property belonging to the said city, or to use, inspect or examine any book account, voucher or document in the possession or under his control as such officer, relating to the affairs or interests of such city, any member of such committee is hereby authorized to administer oaths to all such witnesses as may appear or be brought before them; and every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter upon any oath or affirmation administered by any member of such committee upon any such investigation or inquiry, shall upon conviction thereof be subject to the pains and penalties of perjury.

tees may issue

corporations.

refusal to obey subpoena

2. And be it enacted, That such committee are hereby au- Such committhorized to issue subpoenas ad testificandum and subpoenas subpoenas to duce tecum to any person or corporation within this state to persons or appear before them to give testimony, or any information required for the purposes of this act; such summons may be served by any police officer or constable of the said city; and in case any person or corporation so summoned, shall re- Penalty for fuse to obey such summons or subpoena, or to give testimony, or to answer questions as required, or produce any books, papers, or documents as required, it shall be lawful for said committee upon affidavit proving the facts, to apply to any judge of the supreme court, or of the court of common pleas of the county in which such city is situated, for an attachwent against such person or officer of such corporation as for a contempt; it shall be the duty of such judge to hear such. application, and, if satisfactory proof be made, to issue an attachment directed to any constable or police officer of such city for the arrest of such person, and upon his being brought before him, to proceed to a hearing of the case; and the said judge shall have power to enforce by imprisonment in the county jail, obedience to the requirements of the summons or subpea, and payment of the costs of said proceeding to be taxed by said judge.

nesses.

3. And be it enacted, That witnesses subpoenad by virtue Fees of witof this act, shall be entitled to the fees of witnesses in civil actions in courts of record, the same to be paid out of the city treasury upon the certificate of such committee.

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

Approved March 17, 1870.

CHAPTER DVII.

An Act in relation to actions at law in certain cases.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That in actions authorized by any