When water

overflows dam,

gate.

this act shall be liable for any and all damages, to either public or private property which shall be proved in any court of competent jurisdiction to have resulted from such non-compliance.

3. And be it enacted, That when any heavy rain storm or owner to raise freshet shall occur, and the waters backed up by any dam shall overflow the same, it shall be the duty of such owner or lessee to raise the waste-gate or gates in such dam to a height sufficient to allow the surplus waters to run off freely, and relieve the pressure against such dam, in order to avoid the danger of the same being carried away; and in case of the failure or neglect of such owner or lessee to so raise such gate or gates, it shall be lawful for the roadmaster of any road district wherein such dam shall wholly or partly lie, to raise the gate or gates as aforesaid.

Person ag

grieved may appeal.

Not to apply

to dams located

on tide water.

4. And be it enacted, That if any person who shall be notified to construct a gate or gates under this act shall feel aggrieved, he may, within ten days after the service of the notice upon him, appeal to the board of chosen freeholders of the county by serving a written notice of appeal upon the clerk of said board, and by serving a copy of such notice of appeal upon the clerk of the township committee or committees who gave the notice requiring such gate, personally, or by leaving the same at his or their residence; and thereupon, said board of freeholders shall have power to hear and determine said appeal, and the decision of a majority thereof thereupon shall be final; if no appeal be taken, such gate or gates shall be constructed within ninety days from the service of the notice requiring the same, and if an appeal be taken and the board of chosen freeholders decide that said gate or gates shall be constructed, the same must be constructed within ninety days after such decision, and it shall be the duty of the board of chosen freeholders to hear and determine any such appeal within forty days after the appeal is taken.

5. And be it enacted, That this act shall not apply to any dams located on tide water.

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

Approved March 23, 1883.

CHAPTER CXXVI.

An Act for the classification of boroughs and incorporated villages of this state for the purposes of municipal legislation in relation thereto.

1. BE IT ENACTED by the Senate and General Assembly How classified. of the State of New Jersey, That from and after the passage of this act, the classification of the boroughs and incorporated villages of this state shall, for the purposes of municipal legislation in relation thereto, be as follows, viz.: "boroughs of the first class," "boroughs of the second class," "boroughs of the third class."

used on

population.

2. And be it enacted, That "boroughs of the first class" classes distinshall consist of all boroughs and incorporated villages in this state that have within their territorial limits a population exceeding three thousand inhabitants; that "boroughs of the second class" shall consist of boroughs and incorporated villages in this state that have a population within their territorial limits of not less than fifteen hundred nor more than three thousand inhabitants; and that "boroughs of the third class" shall consist of all boroughs and incorporated villages in this state not embraced within either the first or second class as herein distinguished.

a sufficient

3. And be it enacted, That it shall be a sufficient classifi- What shall be cation of boroughs and incorporated villages to which any classification. law hereafter enacted shall apply, to refer in any such law to boroughs and incorporated villages under the classification herein provided by the classification herein designated, and such law shall be construed to apply to and embrace all boroughs and incorporated villages of the class referred to in the act; and all courts of this state shall take notice of this classification and construe all legislation founded upon the classification herein designated, as if this act were a part of the law under consideration, when any law passed on the basis of the classification in this act shall in any wise be called in question.

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

Approved March 23, 1883.

Glass ballot boxes to be

provided in Counties and cities of the first class.

CHAPTER CXXVII.

An Act to prevent fraudulent voting at elections.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the boards of chosen freeholders of each county of the first class and the common councils or board of aldermen of each city of the first class, shall, within three months after the passage of this act, and from time to time, as occasion may require, provide and keep in good repair, ballot boxes for the use of each ward, township or election district, which box, when completed, shall be eleven inches in length, width and depth, interior measurement, as near as may be, the top and bottom to be made of hard wood, one inch thick and fourteen inches in width and length, as near as may be, and the four sides of plate glass, at least five-sixteenths of an inch thick, and so clear that the inside of the box can be plainly seen through it; and the four glass sides shall be closely fitted and fastened by glass cement into proper grooves, one-half of an inch deep, as near as may be, both in the top and bottom of the box; each of the four corners formed by the glass portions of the box shall be secured on the exterior by a strong brass corner, extending from top to bottom, fitting closely over the glass corner, such brass corners not to extend more than three-fourths of an inch on the glass sides each way from the corners so formed, and to be securely fastened into the top and bottom of the box; the top and bottom to project beyond the glass portions the same distance on each of the four sides as near as may be, and to be fastened together by a brass rod three-eighths of an inch thick, as near as may be, at each corner, exterior to the glass and brass corners before mentioned, each rod to extend from top to bottom, and through both top and bottom, and be so secured by heads at each end of the rod that the same cannot be removed without breaking, cutting, filing or melting said rod, or breaking, cutting, filing or burning said top or bottom; each box shall have a lid thereto, which shall be fastened

with brass or iron hinges, and there shall be on the lid thereof three locks of different construction, so that neither of them can be opened with the key belonging to another of them, and there shall be in the lid thereof an aperture not larger than shall be sufficient to admit a single closed ballot therein at one time, and the interior of the lid thereof shall be provided with a bar or bolt that the aperture in the same can be covered thereby, in such manner that when the ballot box shall be locked, no ballot or other thing can be inserted in the same; the price to be paid for any such box shall not exceed ten dollars.

2. And be it enacted, That at every election, general, local, No other box municipal or special, held within this state after three months to be used. from the time this act shall take effect, the ballot boxes con

structed and provided as required by this act, and no other,

shall be used.

failure to provide ballot

3. And be it enacted, That if any board or council men- Proceedings on tioned in section one of this act, shall fail to provide as many ballot boxes as may be necessary, as required by this boxes. act, within the three months specified in section one of this act, any citizen of the county or city in which such board or council exists, may proceed by mandamus in the supreme court, to compel such boxes to be provided, and the supreme court shall have jurisdiction of such proceeding, and shall have power to compel such ballot boxes to be provided at or before a time to be designated, and to commit for contempt until the order or judgment of the court be complied with. Approved March 23, 1883.

CHAPTER CXXVIII.

A Supplement to an act entitled "An act for the prevention of cruelty to animals," approved March eleventh, one thousand eight hundred and eighty.

1. BE IT ENACTED by the Senate and General Assembly Section of the State of New Jersey, That section six of the act to amended. which this is a supplement, be amended so as to read as follows:

Proceedings in case of seizure of property.

B. SEIZURE OF PROPERTY.

6. And be it enacted, That the person arresting the person or persons offending against the provisions of section eleven of this act, and so seizing such living animals, creatures, implements or appliances, as in said section provided, shall, within twenty-four hours after such seizure, make application to a justice of the peace, district court or police magistrate, to have the same forfeited and sold; which application shall be in writing, and shall specify the articles seized, the place where they were seized, and state for what reason the same were seized; and the said justice shall thereupon cause a notice to be published in a newspaper circulating in the neighborhood of the place where such seizure was made, for at least three times if in a daily paper, or one time if in a weekly paper, stating that a seizure has been made, the names of the articles seized, the place where the same were seized, and the reason for such seizure; and in such notice shall appoint a time and place, not less than five nor more than ten days from the date of such seizure, when and where all parties may be heard, and show cause why the application should not be granted; and if; upon the hearing of such application, it shall be found and adjudged that at the time of said seizure the same were engaged or used in violation of said section, or were owned, possessed or kept by any person with the intent that the same should be so engaged or used, they shall be adjudged forfeited, and the said justice, court or magistrate shall order the same sold in such manner as he shall deem proper, and after deducting the costs and expenses, shall pay one-half the proceeds of such sale to the district society for the prevention of cruelty to animals, if one is in existence in his county, and, if not, then to the New Jersey society for the prevention of cruelty to animals, and the other half to the person making the seizure aforesaid; should it be found and adjudged that any such bird or animal is of no use or value, the same shall be set at liberty, or disposed of as the said justice, court or magistrate may direct; but should the creature or property so seized be adjudged not forfeited, the same shall be returned to the owner, and the party making the seizure shall pay all the costs and expenses of the same.