Unlawful to sell adulterated 1. BE IT ENACTED by the Senate and General Assembly articles of food of the State of New Jersey, That no person shall manufacture, or drugs. Penalty. Section amended. State board to take cogni zance. May appoint analysts, &c. Section amended. Penalty for violating pro have, offer for sale, or sell any article of food or drugs which is adulterated within the meaning of this act, and any person violating any of the provisions of this act shall be liable to a penalty of fifty dollars for a first offense, and one hundred dollars for a second or any subsequent offense. 2. And be it enacted, That section five of the act to which this is a supplement, be amended so as to read as follows: 5. And be it enacted, That the state board shall take cognizance of the interest of the public health as it relates to the sale of foods and drugs, and the adulteration of the same, and make all necessary inquiries and investigations relating thereto; it shall also have the appointment and supervision of public analysts and chemists, or inspectors, to serve for general service, or for such special service or length of time as it may deem necessary; and the board of health shall, from time to time, meet and adopt such measures as it may deem necessary for the enforcement of this act, and of the act to which it is a supplement, and prepare rules and regulations with regard to the proper method of collecting and examining articles of food or drink, or drugs; and the analysts, chemists or inspectors appointed may act singly or associated in a council for such time as may be approved or authorized by said board. 3. And be it enacted, That section seven of the act to which this is a supplement, be amended so as to read as follows: 7. And be it enacted, That any person violating any of the visions of act. provisions of this act, and any person who shall hinder, impede, obstruct or otherwise prevent any analyst, inspector or prosecuting officer, in the performance of his duty, shall be liable to a penalty of fifty dollars for the first offense, and one hundred dollars for a second or subsequent offense. Process, how and by whom issued. 4. And be it enacted, That every district court in any city, and every justice of the peace in any county, and any police justice or recorder in any city, is hereby empowered, on oath or affirmation made according to law that any person or persons has or have violated any provision of the act to which this is a supplement, to issue process at the suit of any person, either in the manner of a summons or warrant, against the person or persons so charged, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the nature of a summons, shall be returnable in not less than one nor more than ten entire days; such process shall state what provision of the law is alleged to have been violated by the defendant or defendants; and on the return of such process or at any time to which the trial shall have been adjourned, the said court, justice of the peace, police justice or recorder shall proceed to hear testimony and to determine and give judgment in the matter, without the filing of any pleadings; and the said court, justice of the peace, police justice or recorder shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and person of the defendant or defendants; and the said court, justice of the peace, police justice or recorder is further empowered to cause any such defendant who may refuse or neglect to pay the amount of the judgment rendered against him and all the costs and charges incident thereto, unless an appeal is granted, to be committed to the county jail for any period not exceeding ninety days; but no district court of any city, justice of the peace, police justice or recorder shall have jurisdiction of any offense against the act to which this is a supplement, which offense shall take place outside of the territorial jurisdiction of such district court, justice of the peace, police justice or recorder, as such territorial jurisdiction is now established by law. process. 5. And be it enacted, That the officers to serve and execute officers to serve all process under this act shall be the officers authorized by law to serve and execute process in said courts, and before such magistrates and officers as aforesaid, including the constables of such counties and all police officers of such cities. 6. And be it enacted, That all penalties imposed under the Penalties, how act to which this is a supplement shall be disposed of as disposed of. follows: In case the suit is brought by any officer appointed by the state board of health, the penalty shall be paid into the treasury of this state; in case the suit is brought by any officer of any local board of health or of any city, borough, town or township, the penalty shall be paid into the treasury of said local board of health, city, borough, town or township; in case of any suit not otherwise provided for, the penalty shall be paid to the person bringing the suit. State board authorized to expend certain 7. And be it enacted, That the state board of health shall be authorized to expend annually, in addition to all sums sum annually. Powers of analyst or inspector. Act, how construed. already appropriated for such board, an amount not exceeding one thousand dollars for the purpose of including in its work the carrying out of the provisions of this act and for the protection of the public health. 8. And be it enacted, That any analyst or inspector appointed by the state board of health, and any inspector or other officer of any local board of health, shall have power to inspect any article of food, or drugs, wherever exposed for sale, or offered or held for sale, or whether in transit or otherwise; and if, upon inspection of such food or drugs, the same shall be found adulterated within the meaning of this act or the act to which this is a supplement, the said inspector or other officers aforesaid shall have power and may prohibit the sale or disposal of said articles until decision shall be rendered by the court, justice of the peace, recorder or police justice before whom the defendant may be brought. 9. And be it enacted, That this act shall not be so construed as to interfere with the special provisions of an act, approved March fourth, eighteen hundred and eighty-two, entitled "An act to prevent the adulteration and to regulate the sale of milk." 10. And be it enacted, That this act shall take effect immediately. Approved March 23, 1883. Association empowered to hold real estate. CHAPTER CXLI. A Supplement to an act entitled "An act authorizing the formation of partnership associations in which the capital subscribed shall only be responsible for the debts of the associations, except under certain circumstances," approved March twelfth, one thousand eight hundred and eighty. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any partnership association, formed or to be formed under the act to which this is a sup plement, shall have power to purchase and hold real estate and dispose of the same in fee simple, or for a less estate, the title thereof to be in the name adopted by such association, and shall be as valid and effectual in law or equity as if the same were held in the individual names of the partners of said association, and every deed or conveyance of the same and every mortgage for purchase or borrowed moneys, shall be made in the name adopted by said association, and executed in the same manner as set forth in section ten of the act to which this is a supplement. estate held by formed, made 2. And be it enacted, That any association heretofore Title to real formed under the act to which this is a supplement, now associations holding any real estate in their association name, either by heretofore purchase or subscription, the title thereof shall be as good valid. and effectual in law or equity as if the same were acquired after the passage of this act. 3. And be it enacted, That this act shall be considered as a public act, and shall take effect immediately. Approved March 23, 1883. CHAPTER CXLII. An Act to better regulate and control a day and night police force in certain townships of this state. tees may trans to commission 1. BE IT ENACTED by the Senate and General Assembly certain townof the State of New Jersey, That in townships of this state ship commitwhere the township committee has been authorized by law fer authority to provide by ordinance for the establishment, regulation ers of police. and control of a day and night police or police force, the said township committee are hereby authorized and empowered, at any regular meeting thereof, or at any special meeting called for the purpose, and held either in the month of March or in the month of April, next after the passage of this act, to commit and transfer their said authority and power, in relation to said police, by resolution by them or majority of them adopted, to three commissioners of police Commissioners must be citizens of township. Commissioners shall meet for organization. After organiza- Proviso. Term of office of commissioners. to be by said township committee appointed at a meeting held as aforesaid. 2. And be it enacted, That the said commissioners and their successors must be citizens of the township in which they may be appointed, and must have been resident therein for at least one year prior to their appointment; and before entering upon their duties they shall make oath or affirmation, before the township clerk, that they will well and faithfully perform all the duties devolving upon them as such commissioners. 3. And be it enacted, That said commissioners shall, on the first Tuesday in May next, after their appointment, between the hours of seven and eight o'clock in the evening, meet at the place of meeting of said township committee, or at such other place as the committee may designate, and organize by election of one of their members as president to serve for one year, and annually thereafter they shall elect a president, which president shall preside over their meetings and perform such other duties as may be assigned to him; and the clerk of the township, who is hereby appointed the clerk of said board of commissioners, shall attend at such meeting and perform the duties of clerk, and thereafter he shall continue to be the clerk of said board of commissioners; in case of his absence at any meeting, the commissioners may appoint one of their number to serve as clerk in his stead. 4. And be it enacted, That from and after the organization of said board of commissioners, the regulation, control, appointment and management of the police of the township shall devolve upon and be vested in them and their successors in office, who are hereby empowered to adopt such by-laws, rules and regulations for their own government, and the government of the officers and persons under their charge and control, as will secure an efficient administration of the affairs of the department; provided, however, that neither this section nor anything hereinbefore contained shall be construed as empowering them to raise money for their purposes the right to do so is hereby declared to be and is to remain with the township and its committee and officers as heretofore, subject only to such changes as this act may render necessary. 5. And be it enacted, That said commissioners shall hold office as follows, viz.: one for three years, one for two years, |