Procedure on appeal. Proceedings instituted at any time. All proceed ings in name of State. Arrest without warrant. Detention of act follow an appeal taken and a judgment of affirmance thereupon. 5. Whenever an appeal shall be taken as aforesaid it shall be the duty of the magistrate to send all papers and all money, if any, deposited according to the provisions of this act, and all money paid for costs of prosecution, together with a transcript of the proceedings in the case, to the next Court of Common Pleas of the said county, which court shall, de novo, and in a summary way, try and determine all such appeals, and in case the judgment or sentence of the magistrate shall be reversed on such appeal, the said Common Pleas Court shall order the return of all money deposited as aforesaid, and all costs of prosecution paid by said defendant to said defendant. 6. Proceedings under this act may be instituted on any day of the week, and the institution of such proceedings on Sunday shall be no bar to the successful prosecution of the same; and any process served on Sunday shall be as valid as if served on any other day of the week. 7. All proceedings for the violation of the provisions of this act shall be entitled and shall run in the name of the State of New Jersey, with the chief inspector of power vessels or assistant inspector of power vessels, or a police officer, or a constable, or such other person as shall by complaint institute the proceedings as prosecutor; and any magistrate may, at his discretion, refuse to issue a warrant on the complaint of any person other than the chief inspector of power vessels, until a sufficient bond to secure costs shall have been executed and delivered to the said magistrate. 8. Any constable, or police officer, or chief inspector of power vessels or assistant inspector of power vessels, is hereby authorized to arrest without warrant any person violating, in the presence of such constable, or police officer, or chief inspector of power vessels, or assistant inspector of power vessels, any of the provisions of this act, and to bring the defendant before any magistrate of the county where such offense is committed. The person so offending shall be detained in the office of the magistrate until the officer making such arrest shall make oath or affirmation, which he shall do forthwith, declaring that the person under arrest has violated one or more of the provisions of this act, and specifying the provision or provisions violated, whereupon said magistrate shall issue a warrant returnable forthwith, and the said magistrate shall proceed summarily to hear or postpone the case as heretofore provided. cers and 9. The same fees shall be allowed the magistrate and Fees for offiofficers making an arrest or serving a summons in pro- magistrates. ceedings under this act as are allowed for like services in the Small Cause Court, and shall be paid by the defendant, if the defendant be found guilty of the charge laid against him; but if, on appeal, said judgment be reversed, said costs shall be repaid to said defendant. If As to costs. the defendant be found not guilty of the charge or charges laid against him, then the costs must be paid by the prosecutor, except that when in such instances the chief inspector of power vessels, or the assistant inspector of power vessels shall have been prosecutor, then the costs laid upon the prosecutor shall be paid by the chief inspector of power vessels from the moneys remaining in his hands from the payment of license fees or otherwise. In case of the reversal of any judgment on appeal the costs of the magistrate and on appeal shall be borne and paid by the unsuccessful party. 10. Any person or corporation who shall be convicted Penalty. of violating any of the provisions of this act shall be subject to a fine not exceeding twenty-five dollars for each offense; provided, however, where any of the pro- Proviso. visions of this act already fix the amount of the penalty to be forfeited for the violation thereof the fine in that particular case shall not exceed the amount therein stated. In default of the payment of such fine there shall be imposed an imprisonment in the county jail for a period not exceeding ten days; provided, that any officer Proviso. who shall be convicted of a second offense of the same violation may be fined in double the amount herein prescribed for the first offense, and may, in default of the payment thereof, be punished by imprisonment in the county jail for a period not exceeding twenty days. II. This act shall take effect immediately. Approved May 10, 1907. Section amended. Municipal forestry commission. Proviso. CHAPTER 156. An Act to amend an act entitled "An act to provide for the planting and care of shade trees on the highways of the municipalities of this State," approved March twenty-eighth, one thousand eight hundred and ninety-three. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. Section one of the act to which this act is an amendment be and the same is hereby amended so as to read as follows: I. In all the municipalities of this State there may be appointed, in the manner hereinafter provided, a commission of three freeholders, who shall serve without compensation, and who shall have the exclusive and absolute control and power to plant, set out, maintain, protect and care for shade trees in any of the public highways of their respective municipalities, the cost thereof to be borne and paid for in the manner hereinafter directed; provided, that it shall be optional with the governing body of any municipality to increase the number of the commission to five. 2. This act shall take effect immediately. Return of fine on reversal. CHAPTER 157. An Act to authorize the return of money paid as fines in certain cases. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. In any case where a defendant in criminal action has paid a fine on being found guilty of any offense and has taken a writ of error and obtained a decision in his favor terminating the case of the State against him, it shall be lawful for the board of freeholders or other governing body of the county wherein such trial was had to return to the said person the amount of the fine so paid by him. Approved May 10, 1907. CHAPTER 158. An Act permitting certain boards of education to convey schoolhouses and lands to the boroughs or other municipalities in which they are situate. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: Conveyance property to for nominal municipality of school sum. 1. In any borough or other municipality in this State where the board of education thereof has been or shall hereafter be authorized by vote of the qualified voters of such borough or other municipality at an election held for that purpose to acquire land and erect thereon a new schoolhouse and to dispose of an old schoolhouse and the lot of land on which the same is erected, and the borough or other municipality in which said old schoolhouse and land are situate shall be desirous of acquiring the same to use for public purposes, it shall be lawful for such board of education to convey said old schoolhouse and the lot of land upon which it is erected to the borough or other municipality by its corporate name for a nominal consideration; provided, Proviso. however, the lines of the municipality are coextensive with the lines of the school district and a resolution, requesting such conveyance, shall have first been passed by vote of a majority of all the members of the council or other governing body of the municipality and a resolution, authorizing such conveyance, shall have been passed by a vote of a majority of all of the members of 2. This act shall take effect immediately. Action of trustees not affected by absence of approval by congregation. Deeds and mortgages validated. Validity of corporations CHAPTER 159. A Supplement to an act entitled "An act to incorporate trustees of religious societies," approved April ninth, one thousand eight hundred and seventy-five. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. The rights and customs of any Roman Catholic church corporation now existing, or which may hereafter exist in this State, incorporated under and by virtue of the provisions of the act to which this is a supplement, to conduct its affairs and convey or mortgage its property through a board of trustees, shall not be affected by an act heretofore passed, requiring the reference of such matters to a vote of the congregation. 2. Any and all conveyances or mortgages heretofore made by any such corporations are hereby confirmed and declared valid and effectual in law, notwithstanding that the same had not been submitted to a vote of the congregation. 3. All corporations heretofore created and organized, under this act. Or which may be hereafter incorporated, under the provisions of the act to which this is a supplement, are hereby declared valid and effectual in law, notwithstanding any provisions contained in an act entitled "An act to incorporate associations not for pecuniary profits," approved April twenty-first, one thousand eight hundred and ninety-eight. 4. This act shall take effect immediately. |