Section as amended. [105. The plaintiff may file his declaration and serve a copy thereof on the defendant at the time of, or at any time after the issue of the summons, provided such filing and service shall not be after the time now limited by law; or, if he shall so elect, he may annex his declaration to the summons and deliver the same to the sheriff or other officer to whom the summons is directed and delivered, with as many copies of the summons and declaration as there are defendants to be served; in such case such sheriff or other officer, when he serves the summons, shall, at the same time, serve a copy of the declaration on each defendant, and shall return the declaration "served," adding the date of service, which return shall be proof of the service of the declaration and of the schedules, statements and notices thereon endorsed and thereto annexed, and the defendant shall file his plea or demurrer in thirty days after such service of the declaration, or on failure thereof, judgment shall be entered against him; provided, that there shall be endorsed on such declaration and on the copy served, a notice that unless the defendant shall appear and file a plea or demurrer within thirty days after the service of the declaration, judgment will be entered against him, and in every case where the declaration is served separately from the summons, the plaintiff, before entering judgment, shall file an affidavit of such service; the sheriff or other officer who serves the summons with the declaration annexed as above provided, shall receive the same fees for such service, as for the service of a summons alone, and no more, but he shall be entitled to, in addition to the fee now allowed by law for serving summons, a fee of twelve cents for returning the declaration, such fee to be taxed in the costs.] Approved April 25, 1884. CHAPTER CLXXXIII. An Act concerning division of wards in cities of this state. wares how made. 1. BE IT ENACTED by the Senate and General Assembly of Division of the State of New Jersey, That the city council or other legislative body of any city of this state, shall have power to divide one of the wards of said city into two wards once in five years; provided, three-fourths of the mem- Proviso. bers of said legislative body shall agree thereto and the same shall be approved by the mayor of said city. 2. And be it enacted, That this act shall take effect immediately. Approved April 25, 1884. CHAPTER CLXXXIV. Supplement to an act entitled, “ An act to regulate the practice of courts of law," (Revision) approved March twenty-seventh, one thousand eight hundred and seventy-four. rari not to be allowed to ments unless 1. BE IT ENACTED by the Senate and General Assembly of Writs of certiothe State of New Jersey, That no writ of certiorari shall granted or hereafter be granted or allowed to review any assessment review assessfor taxes, to recover which taxes any sale has been had granted within a or made by virtue of any special or local law, or to review the proceedings of any such sale, unless such writ be granted or allowed within six years from the date. or time of any such sale. certain time. 2. And be it enacted, That this act shall take effect immediately. Approved April 28, 1884. Number of passengers allowed to be taken aboard sail boats or vessels Proviso. Penalty for violation of act. CHAPTER CLXXXV. An Act for the better protection of life. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That no more than thirty passengers shall be taken on board within this state or permitted to be on board, at any one time, of any sail boat or sailing vessel used or engaged in the business or occupation of carrying out to sea or upon the ocean, passengers or parties from any place or places within this state; provided, nothing in this act shall be construed to apply to any vessel carrying passengers between different ports of the United States, or from any port in the United States to any foreign port, nor to any vessel of more than one hundred tons register. 2. And be it enacted, That the captain, sailing master or other person in charge of any sail boat or sailing vessel used or engaged as aforesaid who shall take or permit to be on board more than thirty persons, at one time, contrary to the first section of this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be subject to fine or imprisonment, or both, the fine not to be less than five hundred dollars, or more than one thousand dollars, the imprisonment to be not more than three years. 3. And be it enacted, That this act shall take effect immediately. Approved April 28, 1884. CHAPTER CLXXXVI. An Act to provide for the election of road overseers in their respective districts. voters may be elected by direct that assessors of roads districts. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the legal voters of any town- to ship within this state wherein the overseers of roads have heretofore been elected at the annual town meeting, may at any town meeting by a majority vote pass a resolution or resolutions directing that hereafter the overseers of roads may be elected in their respective districts, by the legal voters residing therein, on Wednesday following the regular annual town meeting, in each and every year, and the overseers in each road district shall set up two notices Notice of election in writing, in two public places in each road district, of election of overseers, stating the time and place of such election, which shall be between the hours of two and five o'clock, p. m., five days before the day herein fixed for such elections, and in case of the failure of any overseer to give such notice, then the town committee shall appoint some suitable person to fill any vacancy; Vacancies how said election may be by ballot or otherwise, as the meeting may determine. to be posted. filled. overseers. 2. And be it enacted, That each overseer shall receive Salaries of such salary as the voters in said road district shall vote him for every day he shall be employed in executing the duties of his office. overseers. 3. And be it enacted, That the said overseers shall per- Duties of form all the duties required of them under the general statute; they shall see that all appropriations made by the town committee are faithfully worked out, and all bills of said overseers duly verified before a justice of the peace (or any person duly authorized to administer an oath), shall be presented to the town committee for examination and allowance; and any person interfering with the work of the overseers shall be liable to a penalty of twenty dollars with costs, for each offence, to be sued for and recovered by such overseers in an action of debt, such penalty shall be applied in working the road of which he is overseer. 4. And be it enacted, That all acts and parts of acts inconsistent with this act be and the same are hereby repealed, and that this act shall take effect immediately. Approved April 28, 1884. Cities authorized CHAPTER CLXXXVII. An Act to authorize cities in this state in certain cases to extend streets now partly opened and to pay for such extension. 1. BE IT ENACTED by the Senate and General Assembly of to open streets. the State of New Jersey, That in all cities of this state the mayor and common council or municipal board of any such city having power to open streets, are hereby authorized and it shall be lawful for such mayor and municipal board to open any street, where such street is now opened, at both ends, but said street is not a continuous street by reason of the erection of buildings across such street between the present terminal points thereof, and such building or buildings, and the land whereon the same is or are erected is claimed under a title adverse to any claim which such city has or claims to have such portion of said land as would form a portion of such street if the same were not bisected or obstructed by such building or buildings, and the mayor and said municipal board of any such city are hereby empowered, for the purpose of extending such street through such buildings and over the lands so held under any adverse claim of title according to the full width of the street as now opened or laid out, to proceed to condemn such land and building or buildings, or so much thereof as would obstruct the said street if the same were continued as aforesaid. May condemn lands. |