Suit in equity to compel per. formance. Right of action not affected, nor bar indictment. Invalidity of section not to affect other sections. cedence over all causes on the docket of the court, and said cause shall be tried and determined as other civil causes in said court. 9. To enforce the orders of said commission, said commission may proceed by a suit in equity to compel the specific performance of the order or orders so made, or of the duties imposed by law upon such company. 10. This act shall not have the effect to release or waive any right of action by the said board or by any person for any right, penalty or forfeiture which may have arisen or which may hereafter arise under any laws of this State, and any penalty or forfeiture enforceable by this board shall not be a bar to affect a recovery for a right, or affect or bar any indictment against any railroad company, or person or persons operating such railroad, their officers, directors, agents or employes. II. Each section of this act and every part of each 12. This act shall take effect immediately. Section 111 amended. CHAPTER 198. A Supplement to an act entitled "An act respecting the Be it enacted by the Senate and General Assembly of the State of New Jersey: 1. Section one hundred and eleven of an act entitled "An act respecting the Court of Chancery (Revision of 1902)," approved April third, one thousand nine hundred and two, be and the same is hereby amended to read as follows: Appeals; for what and in what time brought. III. All persons aggrieved by any order or decree of the Court of Chancery, may appeal from the same, or any part thereof, to the Court of Errors and Appeals; and all appeals, except from final decrees, shall be made within forty days after filing the order or decree appealed from; and all appeals from final decrees in the said court shall be made within one year after making such decree; unless a notice of lis pendens has been filed, or on bills to quiet title, in which cases, all appeals from final decrees shall be made within three months after filing the decree appealed from; provided, in cases where the person en- Proviso. titled to such appeal from any final decree be an infant, or insane, he shall have one year to bring such appeal, after such disability shall be removed, except where a notice of lis pendens has been filed or the bill is filed to quiet the title of the lands, in which case the appeal shall be taken within three months after such disability is removed. affected. 2. This act shall take effect immediately, but shall not Rights not affect the right to appeal from final decrees made prior to the time it takes effect; provided, appeal be made there- Proviso. from within six months after this act takes effect. Approved May 15, 1907. CHAPTER 199. A Supplement to an act entitled "An act respecting writs of error (Revision)," approved March twentyseventh, one thousand eight hundred and seventyfour. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section two (2) of an act entitled "An act re- Section specting writs of error (Revision)," approved March amended. twenty-seventh, one thousand eight hundred and seventy-four, be and the same is hereby amended to read as follows: Time for bringing writ of error. Proviso. Right not affected. Proviso. 2. No writ of error shall be brought or allowed on any judgment that shall have been or hereafter may be entered or obtained, unless the same shall be brought and allowed within three months after the judgment rendered in actions affecting the possession of or title to lands, or within one year in other cases; provided, where the person entitled to such writ of error be an infant, or insane, he or she shall have one year to bring such writ of error after such disability shall be removed. 2. This act shall take effect immediately, but shall not affect the right to a writ of error upon any judgment entered or obtained prior to the time it takes effect; provided, a writ of error shall be brought or allowed thereon within six months after this act takes effect. Approved May 15, 1907. Agreement of sale of land void unless suit com CHAPTER 200. A Supplement to an act entitled "An act respecting conveyances (Revision of 1898)," approved June fourteenth, one thousand eight hundred and ninety-eight. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Every agreement for the sale or purchase of any lands or real estate in this State which hereafter shall be menced within recorded, shall be absolutely void as against subsequent specified time. judgment creditors of the vendor or vendors and as against subsequent purchasers and mortgagees for value of said lands or real estate, unless the vendee or vendees, his or their heirs, executors, administrators or assigns, within three months after the date fixed in such agreement for its consummation, or if no date shall be fixed in such agreement for its consummation, then within three months after the date of such agreement, or if the consummation of such an agreement shall be extended by the parties thereto before the date fixed therein for its consummation, beyond the date so fixed, and such extension shall be duly acknowledged and recorded as agreements for the sale of lands are now required to be acknowledged and recorded in order to give them the effect of notice to subsequent judgment creditors, purchasers and mortgagees, then within three months after the date fixed in such extension for the consummation of said agreement, or upon the death of the vendor or vendors or one or more of them within any of such periods of three months, then within three months after such death, shall commence suit for the specific performance of said agreement, or for its rescission or for the violation of any of the covenants therein contained, and shall file a notice of the pendency of such suit in the office of the clerk of the Court of Common Pleas, except in counties where there is a register of deeds and mortgages, then in the office of the register of deeds and mortgages of the county in which such lands or real estate lie, setting forth the title of the cause and the general object thereof, together with a description of the land or real esate to be affected thereby; provided, in Proviso. case the complainant or plaintiff in any such suit does not take steps to prosecute his suit diligently within six months after the filing of such notice, then the Chancellor or court in which such suit is brought may, upon application by any interested party, and upon notice to the complainant or his solicitor, or to the plaintiff or his attorney, declare the filing of such notice to be null and void and of no effect, and that the lands and real estate mentioned in the said notice shall be and remain discharged of all equities or claims founded on such agree ment. 2. This act shall take effect immediately. Approved May 15, 1907. Interpreters in second CHAPTER 201. A Supplement to an act entitled "An act relating to courts having criminal jurisdiction and regulating proceedings in criminal cases (Revision of 1898)," approved June fourteenth, one thousand eight hundred and ninety-eight. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. The judge of the Court of Quarter Sessions in any class counties. county of the second class may appoint an interpreter skilled in the German, Polish and Slavish languages, whose duty it shall be to attend in person upon the Courts of Oyer and Terminer, Quarter Sessions and Special Sessions of the said county, the sessions of the grand jury thereof, and, when requested so to do, the judges of the said courts at chambers, and to perform any duty required of him connected with the business of said courts in the office of the prosecutor of the pleas of the said county in the interpretation of the said languages; and said interpreter shall receive as compensation for his services an annual salary to be fixed by the said judge of not more than one thousand two hundred dollars, said salary to be paid by the collector of the county in equal monthly installments out of the funds of the said county. Compensation. 2. This act shall take effect immediately. |