All books, etc., delivered to board.

Sinking fund.

Organization.

President.

Quorum.

Special meetings.

By-laws.

power and duty heretofore performed by any other board, department or authority in regard to the raising and borrowing of money, or any other of the financial affairs of such city.

3. All books and papers, matters and things in the possession of any board of finance, board of aldermen, common council, or any committee or department thereof, or of any authority in such city, or used by them, or either of them, in the discharge of their duties in the care and management of the financial affairs of such city, shall be delivered up to the Board of Finance pursuant to the provisions of this act immediately after demand therefor.

4. The board shall receive and invest, reinvest and keep invested, and apply all moneys and securties theretofore set apart then or hereafter to be raised as a sinking fund in such city pursuant to any law or ordinance at any time in force therein. The persons, commission or board having charge thereof shall deliver to such Board of Finance, upon demand therefor made, all moneys and securities belonging to any sinking fund, together with the books and papers relating thereto.

5. The members of such board first appointed hereunder shall meet immediately after the taking and subscribing of the required oaths or affirmations, and the execution and the approval of their official bonds for the faithful performance of the duties of their office, and they shall immediately select one of their members to act as president for the ensuing year, and thereafter they shall select a president each year on the first day of January; in case of a vacancy occurring at any time during the year in the office of the president, the board shall fill the office for the unexpired term. A majority of the whole number of the members of such board shall be necessary to constitute a quorum for the transaction of business, and the acts of three members of such board shall be the acts of the board; the president shall have the power to call special meetings of such board whenever he shall deem it expedient; the members of such board may make, establish, modify and repeal such bylaws, rules and regulations, and pass such resolutions

governing the proceedings of such board or its members, and the officers and employes over whom by the provisions of this act they shall have authority and control, as such board may deem proper and advisable; said board shall have the power to appoint a clerk and Clerk. fix his compensation. They shall appoint a city treas- City officers. urer, a comptroller, a receiver of taxes and assessments, by whatever name they may be called in said city, who, after their appointment by said board, shall have and possess the same power now vested in such officers in such city and be subject to the same duties. Such officers shall also be subject to the rules and regulations prescribed by said board for the more efficient government of the department of finance. Such appointment When apshall take place on the first day of January, upon the expiration of the term of such officers existing in any such city when this act goes into effect therein as aforesaid. The term of each of said officers shall be for three Term.

years.

pointed.

their duties.

6. Such boards shall appoint the city counsel of such Legal officers; city and the city attorney. The city counsel shall perform all the duties now required by law or the ordinances of such city to be performed by the city counsel thereof, by whatsoever name he may be designated, and shall be the legal adviser and law officer of such city, and of the various boards, commissions, departments and officers in and of such city. It shall be the duty of the city attorney, under the direction and supervision of the city counsel, to draw and prepare all contracts in which the city is interested, ordered by any board, officer or department of the city government, to prosecute and defend actions in which the city or any of its boards, departments or officers are parties in relation to the interests of the city, to prepare all such cases for trial or argument and to perform such other duties as by law are now imposed, or may hereafter be imposed, upon such officer, and as shall pertain to the office of city attorney.

7. Such board shall have the power to fix the salaries Salary of of the city counsel and city attorney; the salary of the law officers. city counsel not to exceed five thousand dollars per annum, and the salary of the city attorney not to exceed

Term.

Mayor to have right of veto.

Present board abolished.

Validity of

act.

Repealer.

two thousand dollars per annum, such salaries to be paid monthly in the same manner as salaries of other city officers in such city are paid. The term of office of the city counsel and city attorney shall be three years and until the appointment and qualification of their successors; but this act shall not terminate or abridge the term of office of any such officer holding office in such city at the time this act becomes operative therein, but such officer shall serve out the term for which he was originally elected or appointed, and the said board shall have power only to appoint his successor at the end of the term for which he was originally elected or appointed, or to fill any vacancy that may occur. Any vacancy in said office shall be filled for the unexpired term only.

8. The mayor of such city shall have the right to veto the acts of such board, except the appointment of officers, and copies of all resolutions or other matters, duly certified, shall be furnished to the mayor, and he shall have ten days in which to consider them in each case before signing or returning them to said board with his objections. The mayor shall have the power to veto any item or items contained in any ordinance or resolution appropriating money for any purpose and to approve of the residue of such ordinance or resolution. Said board may pass any resolution or other matter, notwithstanding the objections of the mayor, by a vote of three members thereof.

9. Any board of finance existing in any such city when this act takes effect therein as aforesaid shall be and is hereby abolished from the time the Board of Finance herein provided and authorized shall be organized for the discharge of their duties.

10. In case, for any reason, any section or provision of this act shall be questioned in any court, or to be held unconstitutional or invalid, the same shall not in anywise affect any other section or provision of this act.

II. All acts and parts of acts, general and special, public or local, inconsistent with the provisions of this act, be and the same are hereby repealed, and this act shall take effect immediately.

Approved April 12, 1907.

CHAPTER 47.

An Act to further amend an act entitled "An act relative to the writ of certiorari (Revision of 1903)," proved April eighth, one thousand nine hundred and three.

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

amended.

1. The eleventh section of the act of which this is Section amendatory is hereby further amended so as to read as follows:

Court to determine quesand law.

tions of fact

II. In all cases of writs of certiorari now pending or hereafter brought to remove any tax or assessment, or other order or proceeding touching any local or public improvement, or to review the proceedings of any special statutory tribunal, or to review the suspension, dismissal, retirement or reduction in rank of any person holding an office or position, State, county or municipal, from which he is removable only for cause and after trial, the court shall determine disputed questions of fact, as well as of law, and inquire into the facts by depositions taken on notice, or in such other manner as is according to the practice of the court; provided, either party may use the testimony taken before the tribunal, board or officer whose action is being reviewed, which testimony shall be considered by the court the same as if it had been taken by deposition on notice, and either party may take additional testimony. The court may Court may reverse or affirm, in whole or in part, such tax or assessment, or other order or proceeding, finding or determination, suspension, dismissal, retirement or reduction in rank reviewed.

2. This act shall take effect immediately. Approved April 12, 1907.

Proviso.

reverse or affirm.

Action to determine

title to

Suit in chancery.

CHAPTER 48.

An Act to compel the determination of titles to riparian lands and lands under water in which the State claims an estate in remainder or reversion and to quiet the title to the same.

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

1. When a grant or conveyance in fee of riparian lands or lands under water, or both, has heretofore been riparian lands. made or shall hereafter be made by the State or by the Riparian Commission to any person or corporation who or which is in possession, or whose lessee or grantee is in possession, under a lease or an estate for years of the same lands, or any part thereof, which lease has not expired, or which estate for years has not terminated, and the State denies the validity of such grant or conveyance of the fee, and desires to contest it, the AttorneyGeneral is hereby authorized and empowered to bring and maintain a suit in chancery on behalf of the State to settle the title to said lands and to clear up all doubts concerning the same. The bill of complaint or information in such suit shall describe the lands with reasonable certainty; shall set forth that the State denies that the fee has passed by such grant or conveyance to the grantee; that it still resides in the State; and shall name the corporation, person or persons who claim under said. grant or conveyance in fee, and shall call upon such corporation, person or persons to set forth and specify its, his or their title, claim or encumbrance, and how and by what instrument or authority the same is derived or created.

Bill to set forth.

Object of suit given with subpœna.

2. With the subpoena in such suit there shall be issued a ticket to each defendant, describing the lands, stating the subject of the suit, and that if the defendant claims any title or interest to or encumbrance upon said lands, he is required to answer said bill, but not otherwise.