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ered for one

penalty a bar

In penal stat- penal statute where the whole penalty to be recovered shall tent reco: be given for the use of the person or persons prosecuting for the same, a judgment recovered for one penalty under the to further ac- same statute in causes of action, concerning the same party same party, grieved and the same defendant shall be a bar to further actions affecting the same party grieved, for offences of a like character.

tions by the

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

Approved March 17, 1870.

Preamble.

Penalty for taking and demanding more than lawful charges.

Repealer.

CHAPTER DXV.

An Act to amend an act entitled "An Act to prevent the taking of unlawful toll or fare on Canals and Railways," passed March twelfth, eighteen hundred and thirty-nine.

WHEREAS, the evils recited in the preamble of the act of which this is amendatory, have greatly increased since the passage of the said act; therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any incorporated company or companies in this state, which is or are, or shall be authorized by law to take toll, or to charge for the transportation of passengers, goods, wares or merchandize, which shall directly or indirectly, through or by any agent, director, or other officer whatever, take or demand of any passenger person or under any pretence whatever, more than the charge, toll rates or fare allowed by law, shall forfeit and pay the sum of two hundred and fifty dollars for each and every such offence, to be recovered in an action of debt, by any person who may sue for the same, the one-half to the prosecutor and the other half to the use of the state, before any court of competent jurisdiction, together with the costs of prosecu

tion.

2. And be it enacted, That the act entitled "An Act to prevent the taking of unlawful toll or fare on canals and rail

roads," passed March twelfth, eighteen hundred and thirtynine, and all acts and parts of acts inconsistent with this act, be and the same are hereby repealed; and this act shall be deemed a public act, and shall take effect immediately. Approved March 17, 1870.

CHAPTER DXXV.

A Further Supplement to "An Act to secure to Mechanics and others payment for their labor and materials in erecting any buildings," approved March eleventh, eighteen hundred and fifty.

married wo

1. BE IT ENACTED by the Senate and General Assembly of Building of a the State of New Jersey, That any married woman, upon man liable unThose lands any building or buildings shall hereafter be der lien law. erected or repaired, or whereon any fixtures shall be put, shall be taken as consenting to the same, and such building or buildings, and curtilages whereon the same are erected, shall be subject to the lien created by the act to which this is a supplement, and the supplements thereto; provided always, that in case said married woman shall cause to be filed in the clerk's office of the county wherein such building or buildings are located a notice in writing (describing the property), and that she does not consent to the erection or repairing of such building or buildings on her lands, and that the same is being done against her wishes and consent, then, in such case, the building or buildings, and the curtilages where on the same are erected, of any married woman, shall be free from the lien given by the act to which this is a supplement, and the supplements thereto, from the time she shall have filed a notice as aforesaid.

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

Approved March 17, 1870.

H

Increase of salary of librarian.

Repealer.

CHAPTER DXXX.

A Further Supplement to an act entitled "An Act to regulate the State Library," approved April thirteenth, eighteen hun dred and sixty-four.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the state librarian shall hereafter receive for his services the sum of one thousand dollars by the year, payable monthly, in the manner now provided by law.

2. And be it enacted, That all acts or parts of acts conflicting or inconsistent with this act be and the same is hereby repealed.

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

Approved March 21, 1870.

JOINT RESOLUTIONS.

NUMBER I.

Rejecting the amendment to the Constitution, known as the Fif teenth Amendment.

refuses to rat

constitution of

1. BE IT RESOLVED by the Senate and General Assembly of Legislature the State of New Jersey, That the legislature of this state ify proposed refuse to ratify, and do hereby reject the amendment to the amendment to constitution of the United States proposed at the third session United States. of the Fortieth Congress, by a resolution of the senate and house of representatives of the United States of America, in congress assembled, to the several state legislatures; said amendment being in the following words, to wit:

"ARTICLE XV.

amendment.

"SECTION 1. The right of citizens of the United States to Proposed vote shall not be denied or abridged by the United States or by any state on account of race, color or previous condition of servitude.

SECTION 2. The congress shall have power to enforce this article by appropriate legislation."

to the right of

2. Resolved, That the right to regulate suffrage is one of Declaration as the reserved rights of the states, and the attempt to vest this regulating power in congress is revolutionary, and destructive of our

present form of government.

Approved February 15, 1870.

suffrage.

Preamble.

Members of

Congress requested to

procure an appropriation for removing

NUMBER II.

Relative to the Navigation of the Delaware River.

WHEREAS, there exists in the river Delaware below the head of tide water a bar known as Perriwig which interferes seriously with the navigation of said river; and whereas, the removal of said bar would tend to increase the trade, popu lation and wealth of an important section of the state of New Jersey; therefore,

1. BE IT RESOLVED by the Senate and General Assembly of the State of New Jersey, That our members of congress, both in the senate and house of representatives be and are hereby bar in Dela requested to procure, if possible, an appropriation by congress of one hundred thousand dollars, to be used o" so much thereof as may be necessary for removing the bar at Perriwig, and otherwise improving the navigability of the Dela

ware river.

ware river at and below the head of tide water.

2. And be it resolved, That the governor be requested to furnish a copy of the foregoing preamble and resolution as soon as possible to the members of congress of the United States from New Jersey.

Approved March 8, 1870.

Copies of di-
gest of law
and equity re-

NUMBER III.

Relative to the Digest of the Law and Equity Reports of th
State of New Jersey.

1. BE IT RESOLVED by the Senate and General Assembly o the State of New Jersey, That on the publication of the diges ports to be de- of the law and equity reports of this state in the manner pre livered to the scribed by law, there shall be delivered to the treasurer fiv

treasurer.

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