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of the State fund for the purpose of carrying into effect
the provisions of an act of the Legislature entitled "An
act concerning the infliction of the penalty of death,'
approved April fourth, one thousand nine hundred and
six, the sum of ten thousand dollars.

2. This act shall take effect immediately.
Approved March 29, 1907.

CHAPTER 22.

A Further Supplement to an act entitled “An act to pro-
vide for the formation, establishment and government
of towns," approved March seventh, eighteen hun-
dred and ninety-five.

BE IT ENACTED by the Senate and General Assembly
of the State of New Jersey:

dedicated land.

I. It shall be lawful for the town council of any town Vacation of
governed by the provisions of the act to which this is a
supplement, by ordinance, to vacate any street, road,
alley or public place dedicated by the owner of any lands
in such town, where such street, road, alley or public
place shall not have been lawfully accepted by such
town, and shall not have been actually opened, worked
and used by the public; provided, that there shall first be Proviso.
presented to the town counsel a petition, signed by the
owner or owners of all the lands fronting on such street,
road, alley or public place so vacated, and upon the pass-
age of such ordinance, all rights of the public in such
street, road, alley or public place so vacated shall be for-
ever extinguished.

2. This act shall take effect immediately.
Approved April 1, 1907.

Section amended.

Amount of bond issue.

Question submitted to voters.

Special election.

Holding
of election.

CHAPTER 23.

An Act to amend an act entitled "An act to amend an act entitled 'A general act relating to boroughs (Revision of 1897),' approved April twenty-fourth, one thousand eight hundred and ninety-seven," which amendment was approved April second, one thousand nine hundred and three.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section forty-one of the act to which this is amendatory be and the same hereby is amended so as to read as follows:

41. Whenever in the judgment of the council it shall be necessary to issue bonds they may by resolution fix the amount thereof necessary to be issued, and shall in such resolution also set forth generally the object for which said bonds are to be issued; said council may, after ten days from the date of the adoption of such resolution, submit the question of such issue to the voters of the borough at an annual or special election, of which special election, and the object thereof, at least thirty days' notice shall be given by advertisements, signed by the borough clerk, posted in at least three public places in such borough, and printed once each week for at least three weeks in a newspaper published in the borough, if any such exists, or if none, then in a newspaper published in the county wherein the borough is situate, and circulating in the borough; at such special election the only question submitted shall be: "In favor of the issue of bonds according to resolution of council, dated (inserting in said blank the date of such resolution), or "Against the issue of bonds according to resolution of council, dated (inserting in said. blank the date of such resolution); said election shall be

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by ballot, shall be held by the election officers of the borough upon the day appointed by the council; the polls shall be kept open for the time provided by law for general elections in said borough, and such election shall be in all respects conducted and the vote canvassed in the manner provided by law for such general election; there shall be no registration for such election, but the Registration board of elections shall procure and use at such special election a certified copy of the register of voters used at the last preceding general election, and no person shall be entitled to vote whose name does not appear on said register; unless such person shall appear before said board and satisfy said board by affidavit, which the said board hereby is authorized to take, that such person has acquired the right of suffrage in said election district. since said registration was made; if a majority of the ballots cast at such election shall contain the words "In favor of bonds according to resolution of council, dated (inserting in said blank the date of such resolution), it shall then be lawful for the council to issue such bonds; provided, however, that if within ten days after Proviso. the adoption of such resolution a remonstrance or remonstrances against such issue of bonds, signed by the owners of one-half in value of the taxable property in said borough as shown by the latest assessment of valuations made by the assessor, be filed with the clerk, no such election shall be called or held, and no further proceedings taken based on such resolution and consent; and provided further, that no consent of property Previso. owners or vote by the people shall be necessary to the issue of bonds for the purpose of meeting and paying any bonds previously issued and about to become due; and provided further, in order that the bonds issued under Provise. this amendatory act may be paid and retired at maturity, the council of the borough shall provide a sinking fund, not exceeding in amount to be raised in any one year five per centum, or less than three per centum, of the face value of the bonds issued, which sum shall be raised annually, at the time and in the manner provided for the raising of other moneys to be used by said borough; the money so raised for sinking fund purposes shall be

Sinking

fund.

paid to the commissioners of the sinking fund of said
borough, to be used by them for the purposes herein
mentioned.

2. This act shall take effect immediately.
Approved April 1, 1907.

Tenure of police in towns.

Proviso.

Requirements

for police officer.

CHAPTER 24.

An Act respecting police departments of towns, and regulating the tenure and terms of office of officers and men employed in said departments.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

I. In the several towns of the State the officers and men employed by municipal authority in the police department shall severally hold their respective offices and continue in their respective employment as such municipal officers and employes during good behavior, efficiency and residence in such town, and no person shall be removed from office or employment in the police department of any town, or from the police force of any town, for political reasons or for any other cause than incapacity, misconduct, non-residence or disobedience of just rules and regulations established or which may be established for the police force or police department of such town; provided, that any member of the police force of any town who shall be absent from duty without just cause for the term of five days shall, at the expiration of said five days, cease to be a member of such police force.

2. Each member and officer of the police force in towns shall be a citizen of the United States and a resident citizen for two years of the town in which he is appointed, able to read and write the English language understandingly, and he must be of good moral character, of good health and sound body.

3. No person shall be appointed an officer or member Age limits. of the police force in any town who is less than twentyone years or over fifty-five years of age at the time of his appointment.

Removal for charges pre

cause;

ferred.

4. No person, whether officer or employe, in the police department of any town shall be removed from office or employment therein, except for just cause, as provided in the first section of this act; then only after written charge or charges of the cause or causes of complaint shall have been preferred against any such officer or employe, signed by the person or persons making such charge or charges, and filed in the office of the municipal officer, officers or board having charge of the department in which the complaint arises, and after the said charge or charges have been publicly examined into by the appropriate board, officer or authority, upon reasonable notice to the person charged, it being the intent of this act to give every person against whom charges for any cause may be preferred under this act a fair trial Fair trial. upon said charges and every reasonable opportunity to make his defense, if any he has or chooses to make; and the officer, board or body having power to try such charges shall have the power to issue writs of subpœna to compel the attendance of witnesses, which writs shall witnesses. be served in the same manner as subpoenas issued out of the Court for the Trial of Small Causes, and every person who neglects or refuses to obey the command of such writ shall be liable to a penalty of twenty-five dollars, to be sued for in the corporate name of the town in any court of competent jurisdiction, and the penalty, when collected, shall be paid into the treasury of such town.

5. All acts and parts of acts, general or special, incon- Repealer. sistent with the provisions of this act, be and the same are hereby repealed, and this act shall take effect immediately.

Passed April 2, 1907.

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