CHAPTER XCIV.

AN ACT regulating billiard and pool rooms in this state.

minor under

play billiards or

1. BE IT ENACTED by the Senate and General Assembly Unlawful for of the State of New Jersey, That hereafter it shall not be eighteen years to lawful for any minor, under the age of eighteen years, to pool in certain play any game in this state commonly called billiards or pool, in any saloon or room kept by any person or persons for the purpose of profit or gain.

places.

2. And be it enacted, That any person or persons keep- Penalty. ing such saloon or room, knowingly allowing any such minor to play such games, shall be liable to a penalty of twenty dollars for each and every offence, such penalty to be sued for by, and in the name of the parent or guardian of such minor, in any court of competent jurisdiction in this state, such penalty to go to the overseer of the poor for the use of the poor in said city, borough or township wherein the violation of this act occurs. Approved April 4, 1884.

CHAPTER XCV.

An Act to establish an excise department in cities of this

state.

provide by

the establish

1. BE IT ENACTED by the Senate and General Assembly Common of the State of New Jersey, That in all cities of this state, council may it shall and may be lawful for the common council or ordinance for other governing board of said city to pass, enforce, alter ment of board of and repeal ordinances to take effect within said city for the following purposes, to wit: To provide for the

excise.

To consist of

Proviso.

missioners.

establishment of a board of excise commissioners, to consist of five members, to serve for the term of three years, no more than three of whom shall belong to the same political party, which board shall be elected on a general ticket at the charter election in such city next after the passage of such ordinance in the same manner as other officers in said city are elected; provided, however, that no voter shall vote at such election for more than three of said commissioners, and the five persons receiving the highest number of votes for such office Salary of com- shall be declared duly elected; that the salary of said commissioners shall be fixed by ordinance, but shall not exceed the sum of three hundred dollars each per year, and the said salary shall be paid out of the license fees; that such commissioners of excise shall have the sole power to license and regulate or prohibit inns and taverns, restaurants and beer saloons, and when licensed to revoke or transfer such license and to prohibit all traffic in or sale of intoxicating drink or drinks, to license, regulate and prohibit billiard saloons and bowling alleys on such terms and under such regulations or penalties as the said commissioners of excise shall, by their by-laws, impose, and no other license for such purposes within said city, granted by any other authority, shall be lawful; that all fees for licenses granted by said commissioners shall be paid to the city clerk, who shall, in addition to his other duties, act as the clerk of said commissioners, and by him be paid over to the city treasurer.

Powers.

Ordinance not to

of

2. And be it enacted, That no such ordinance shall be be passed unless passed in any city unless two-thirds of the members of the common council or other governing body of such city shall vote therefor.

members of

council shall vote therefor.

When ordinance

3. And be it enacted, That such ordinance or ordinances to go into effect. for the creation of such board of excise shall go into effect only upon its approval by the mayor of the said city, and it shall thereupon be the duty of the city clerk or other official charged with such duty to give at least three days notice of the proposed election for such excise commissioners.

Clerk to give notice of election.

Commissioners to give bond.

4. And be it enacted, That said excise commissioners shall give such bond for the faithful performance of their duties as the common council or other governing board of said city shall fix by ordinance.

5. And be it enacted, That all acts, and parts of acts, Repeater. general and special, inconsistent with the provisions of this act, be and the same are hereby repealed, and this act shall take effect immediately. Passed April 8, 1884.

CHAPTER XCVI.

An Act to prohibit fishing by steam and other vessels with shirred or purse seines in any of the waters within the jurisdiction of the state of New Jersey.

hibited within

1. BE IT ENACTED by the Senate and General Assembly Fishing proof the State of New Jersey, That it shall not be lawful certain waters. for any person with steam vessels, to take with purse or shirred nets, any menhaden, porgies, herring, or other fish, in any waters within the jurisdiction of this state, including the waters of the Atlantic ocean within three nautical miles of the coast line of said state, either on his own account and benefit, or on account and benefit of his employer; and every person who shall offend herein Penalty. shall forfeit and pay two hundred dollars, to be recovered and applied in the manner hereinafter directed by section four of this act, and the said steam or other vessel used and employed in the commission of such offence, with all the fish, tackle, furniture and apparel, shall be forfeited, vessel to be and the same seized, secured and disposed of in the manner hereinafter prescribed.

seized.

certain waters

&c., on board.

2. And be it enacted, That no steam vessel found in any vessel found in of the waters within the jurisdiction of this state, in- not to have nets, cluding the waters of the Atlantic ocean within three nautical miles of the coast line thereof, shall have on board of the same any purse or shirred nets, or seine or seines, with the necessary instruments and appliances for catching any of the fish mentioned in the first section of this act; and the master or owner or owners of every Penalty. such steamer or other vessel that shall have on board the

Action may be commenced by warrant.

Vessel to be seized.

Trial.

To be sold if condemned, &c.

Penalty for

refusing to allow vessels to be entered, or

same any such nets, instruments or appliances named in this section shall forfeit the sum of one hundred dollars, to be recovered in the manner and for the use mentioned in section four of this act; and said vessel, with all of the rigging, furniture and appliances attached to the same, shall be liable to be seized, condemned and disposed of in the manner directed in the said last named section.

3. And be it enacted, That any action under the first and second sections of this act may be commenced by warrant in the court for the trial of small causes and be proceeded in as in other cases when the same are commenced by warrant; any law, usage or custom to the contrary notwithstanding.

4. And be it enacted, That it shall be the duty of all sheriffs and constables and may be lawful for any other person or persons, to seize and secure any such steam vessel as aforesaid, and immediately thereupon give information thereof to two justices of the peace of the county where such vessel shall be held and secured, who are hereby empowered and required to meet at such time and place as they shall appoint for the trial thereof, and hear and determine the same, having first given notice of the time and place so appointed by notice in writing, over their hands, set up in at least three public places within the township where the said vessel is held, at least five days prior thereto, and also served at least five days previously upon the owner or master of said vessel, if he can be found within the county; and in case the same shall be condemned, it shall be sold by the order and under the direction of the said justices who, after deducting all legal costs and charges, and paying the penalty provided for by the first section of this act, shall pay over the remainder of the proceeds of such sale to the owner or claimant of such steam vessel so seized as aforesaid; one-half of said penalty shall go to the person or persons making the seizure, and the remainder shall be paid to the treasurer of this state for the use of this state.

5. And be it enacted, That if any person or persons on such vessel aforesaid shall refuse and not suffer to enter resisting seizure. the same, or resist, before or after entering, any of the

said officers, or other person or persons seizing the same, or otherwise resist them, or any of them, in the lawful seizing of the same, then every person so offending shall forfeit and pay the sum of fifty dollars to be recovered and applied in the manner herein before directed.

conducted.

6. And be it enacted, That the sale and disposition of How sale to be the property seized and condemned, as provided for in this act, shall be conducted in the same manner and upon the same notice as prescribed for the sale of personal property seized under execution issued under the act of the legislature of this state entitled "An act constituting courts for the trial of small causes;" and all fish and property of a perishable nature, found in and upon said vessel, shall be sold under the order of said two justices, by giving one day's notice of the time and place of such sale, by setting up advertisements thereof in three public places in the township where such property shall be held, and the proceeds thereof applied in the same manner as hereinbefore provided.

retain possession

property.

7. And be it enacted, That if any owner or claimant of Proceedings to said vessel or vessels and property seized as hereinbefore of vessel and provided for, shall desire to retain possession of the said property so seized, the owner or claimant of such property shall notify the officer or officers before whom the case is being prosecuted, in writing, and request that the property so seized shall be appraised; and the said officers shall be and they are hereby required to prepare a true statement of all property coming into [his] hands under the provisions of this act; and upon such request of said owner or claimant, three disinterested men shall be appointed, one by the officers, one by the claimant and one by the joint action of the two appraisers, who shall appraise said vessel and property, the same to be surrendered to said claimant on his giving bonds for the amount of such appraisement, with good and sufficient security for the same and the payment of all fines, costs and expenses connected with such seizure and prosecution, otherwise the said vessel or vessels and apparatus to be held as security until all of said expenses incurred are fully paid; and in case of failure on the part of said. claimant to comply with the provisions of this section, said property shall be sold as provided for in section fourt

of this act.