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When person is not found, magistrate to

session of cans.

6. And be it enacted, That if, upon the issue of any such process as aforesaid, the said constable or other officer shall determine pos be unable to find the person therein named, but shall find any can or cans as therein set forth, he shall bring such can or cans before such justice, who shall thereupon proceed to determine the right of such complainant thereto; and if upon the hearing had thereon he shall be satisfied that such can or cans rightfully belong to such complainant, he shall forthwith deliver the same into his or her possession, or the possession of his or her agent.

jury trial.

May demand a 7. And be it enacted, That any time previous to the hearing of said complaint as aforesaid, either party may demand a trial by jury, whereupon said justice shall issue a renire facias to summon a jury of twelve men, competent as jurymen, to try said complaint, and to decide whether the person complained of be guilty or not guilty, which said jury shall also determine the rightful ownership of every such can or cans, if any there be; and in case the said jury decide such person guilty, then said justice shall proceed as though he had so determined, no jury having been demanded.

May appeal to court of quarter sessions.

Proceedings, how conducted.

Repealer.

8. And be it enacted, That either party, upon paying all costs incurred and by filing with said justice within ten days after trial before him a written notice of his or her intention to appeal from the decision of said justice or jury, may appeal to the next court of general quarter sessions of the peace of said county, and may there demand a trial by jury, which court shall proceed to try the same and make such adjudication and delivery thereon as is herein provided in case of such trial before said justice.

9. And be it enacted, That except as herein provided, all proceedings had under the provisions of this act shall, as nearly as may be, be regulated by the provisions of and conducted in the manner prescribed in and by an act entitled "An act constituting courts for the trial of small causes," and the several supplements thereto.

10. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed, and that this act shall take effect immediately.

Approved March 8, 1883.

CHAPTER LXIX.

A Supplement to an act entitled "An act to regulate proceedings in criminal cases," approved March twenty-seventh, one thousand eight hundred and seventy-four.

for manslaugh

of general

1. BE IT ENACTED by the Senate and General Assembly Indictments of the State of New Jersey, That indictments for man- ter may be slaughter may be tried by the courts of general quarter ses- tried by courts sions of the peace in all counties of this state having a law quarter sesjudge as president judge, and that the same proceedings may ties having law be had thereon, as to trial and judgment, as if said indict- judge. ments were tried in the courts of oyer and terminer of this

state.

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

Approved March 8, 1883.

sions in coun

CHAPTER LXX.

An Act relating to certain contracts for the lease or conditional sale of railroad equipment and rolling stock, and providing for the record thereof.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever any railroad equipment and rolling stock shall hereafter be sold, leased or loaned, on the condition that the title to the same, notwithstanding the possession and use of the same by the vendee, lessee or bailee, shall remain in the vendor, lessor or bailor, until the terms of the contract as to the payment of the instalments, amounts or rentals payable, or the per

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How evidenced.

Record to be made.

How marked and named.

Not to apply to contracts heretofore made.

formance of other obligations thereunder shall have been
fully complied with; such condition shall not be valid as to
any subsequent judgment creditor or any subsequent pur-
chaser for a valuable consideration without notice, unless :
I. The same shall be evidenced by writing, duly acknowl-
edged before some person authorized by law to take acknowl-
edgments of deeds;

II. Such writing shall be recorded in the same book as mortgages of goods and chattels are recorded, in the office of the recorder of deeds of the county in which is located the principal office or place of business of such vendee, lessee or bailee, within the state;

III. Each locomotive or car so sold, leased or loaned, shall have the name of the vendor, lessor or bailor, or the assignee of such vendor, lessor or bailor, plainly marked upon both sides thereof, followed by the word owner, lessor, bailor or assignee, as the case may be.

2. And be it enacted, That this act shall not be held to apply to or invalidate any contract heretofore made of the character described in the first section, but the same shall be and remain valid if recorded within ninety days from the date hereof, and this act shall take effect immediately. Approved March 8, 1883.

Act repealed.

CHAPTER LXXI.

An Act to repeal an act entitled "A supplement to an act to amend and consolidate the several acts relating to game and game fish," approved the twenty-seventh day of March, one thousand eight hundred and seventy-four, approved March third, one thousand eight hundred and eighty-one.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That an act of the legislature of this state entitled "A supplement to an act to amend and consolidate the several acts relating to game and game fish,"

approved the twenty-seventh day of March, one thousand eight hundred and seventy-four, which said act was approved March third, one thousand eight hundred and eighty-one, be and the same hereby is repealed.

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

Approved March 8, 1883.

CHAPTER LXXII.

An Act for the relief of officers and employes of boards of education whose salaries have not been paid by reason of the failure of any bank in which money has been deposited, which was to be used for the purpose of paying such salaries.

nance author

salaries.

1. BE IT ENACTED by the Senate and General Assembly Board of fiof the State of New Jersey, That where any money has been ized to borrow deposited in any national or state bank by the treasurer of money to pay any board of education, or any other city officer, to be used for the payment of the salaries of superintendents, teachers, janitors, clerks or other officers or employes of said board, and said bank shall have become insolvent and unable to repay to the said treasurer, or other proper city official, the moneys so deposited as aforesaid, whereby loss will be entailed upon the said officers and employes, then and in every such case the city board having control of the finances. of any such city shall have power to borrow the money necessary to meet the deficiency caused by the failure or refusal to pay of said bank, not exceeding, however, the sum of eleven thousand dollars, such money to be used exclusively for the payment of the salaries as aforesaid, the salaries to be paid by a resolution of the board of education, but with the concurrence of said board having control of the finances of said city.

2. And be it enacted, That the moneys thus borrowed Money borshall be placed on the next tax levy.

rowed to be raised by tax.

City official not released from

gation.

3. And be it enacted, That nothing in this act contained any legal obli- shall be in any way construed to release the treasurer of any such board of education or city official depositing said money in such bank as aforesaid, from any legal obligation upon their bonds or otherwise now existing, but they shall remain liable the same as if this act had not been passed.

Moneys recovered to be

placed in sink ing fund.

Repealer.

4. And be it enacted, That all of said moneys hereafter recovered or obtained from said bank, or from such treasurer of the board of education, or other city officer or person having placed such money in said bank as aforesaid, or from the sureties of any such treasurer or other city officer, shall be placed in the sinking fund of said city, to be used exclusively for the payment of the debt of such city, and shall not be used for any other purpose whatever.

5. And be it enacted, That all acts and parts of acts inconsistent herewith, be and the same are hereby repealed, and this act shall take effect immediately. Approved March 8, 1883.

Preamble.

CHAPTER LXXIII.

An Act explanatory of section twenty-four of the act entitled "An act relative to public printing," approved March twenty-fourth, one thousand eight hundred and eighty

two.

WHEREAS, By section twenty-four of the act entitled "An act relative to public printing," approved March twentyfourth, one thousand eight hundred and eighty-two, it was enacted as follows: "24. And be it enacted, That Charles A. Boeger, of Paterson, be employed to print the report of the state geologist in the German language ;" and it is uncertain, from the terms of said act, what number of copies of said report, and which report of said geologist it was intended the said Charles A. Boeger should print; therefore, in order to render the said act certain in the respects aforesaid,

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