Section 32 amended. Officials not to be interested in contracts for buildings or supplies. CHAPTER 124. An Act to amend an act entitled "An act for the punishment of crimes (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. Section thirty-two of the act entitled "An act for the punishment of crimes (Revision of 1898)," approved June fourteenth, one thousand eight hundred and ninety-eight, is hereby amended to read as follows: 32. Any member of any board of chosen freeholders, or any township committee, or any board of education in any school district, or any board of aldermen or common council in any city, or any board of commissioners of any county, township, city, town or borough in this State, who shall be directly or indirectly concerned in any agreement or contract for the construction of any bridge or building of any kind whatsoever, or any improvement whatever to be constructed or made for the public use or at the public expense, or shall be a party to any contract or agreement, either as principal or surety, between the county, township, city, town, borough or school district, as the case may be, and any other party, or who shall be directly or indirectly interested in furnishing any goods, chattels, supplies or property of any kind whatsoever to or for the county, township, city, town, borough or school district, the contract or agreement for which is made or the expense or consideration of which is paid by the board, council or committee of which such member is a part, shall be guilty of a misdemeanor. 2. This act shall take effect immediately. CHAPTER 125. A Supplement to an act entitled "An act respecting the Orphans' Court and relating to the powers and duties of the ordinary and the Orphans' Court and surrogates (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. Section nine of said act be and the same is hereby Section amended so as to read as follows: 9. The masters and examiners of the Court of Chancery shall be ex-officio masters and examiners of the Orphans' Court of this State. amended. Ex-officio masters and examiners of Orphans' Court. Reference master by Court. Orphans' Lawful to take testi mony. to 2. The Orphans' Court may refer to any master in chancery who shall be an attorney-at-law of at least five years' standing, any cause or other matter which may at any time be pending in such court, to hear the same for the Orphans' Court and report thereon to it, and advise what order or decree should be made therein. 3. When any cause or matter shall be so referred to a master, it shall be lawful for him to take and hear the evidence of any or all witnesses in said cause or matter orally in the same manner as the evidence is now taken and heard in courts of law in this State on trials before a jury. And it shall be lawful for such master, when Stenographer. any cause or matter is so referred to him, to employ a competent stenographic reporter to take down the evidence of such witnesses as may be examined before him for the use of the court and parties in such cause or matter. 4. The Orphans' Court may, by rule of court, fix and determine to what masters the references provided for by this act shall be made, and such masters may be removed and changed at the pleasure of the court. The To whom made. references Compensation. Orphans' Court shall fix the compensation to be paid to such masters and stenographers for their services, which said compensation shall be paid by the county collector on the certificate of the said Orphans' Court. 5. This act shall take effect immediately. Approved May 7, 1907. Township committee to CHAPTER 126. An Act to remove police departments in the townships of this State from political control and to regulate the tenure and terms of office of the officers and men employed in such departments. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. In each of the townships in this State, the townControl police. ship committee shall be entrusted with the entire government, control and management of the police department therein, according to such just rules and regulations as may be established and adopted by such township committee. Permanency of police. Preferring charges. 2. The officers and men employed in the police department of each township accepting the provisions of this act and the officers and members of the police department of any township that may hereafter be appointed to such police department, shall hold their respective offices and places in the police department of such township during good behavior, and shall not be removed from their respective offices and places in said police department for political reasons, or on any ground except incapacity, non-residence or disobedience of the just rules and regulations that may be adopted by such township committee for the regulation of the said police department, and then only after written charges and a fair and impartial hearing upon such charges. 3. All charges preferred against any officer or member of such police department shall be in writing and granted. filed with the township clerk, and shall thereupon be examined into by the township committee, and the person against whom such charges are made shall be given a fair and reasonable opportunity to respond to same if he so desires, and, for the purpose of according any and all persons against whom charges shall be filed as aforesaid a fair and impartial hearing and trial, the township Hearing committee of such township shall have the power to issue subpoenas in the name of the chairman of the township Subpœna committee and compel the attendance of witnesses at the witnesses. time and place specified for such trial or hearing, which writs shall be served in the same manner as subpoenas issuing out of the Small Cause Court of this State, and every person who neglects or refuses to obey the command of such writ shall be liable to a penalty of twentyfive dollars, which said penalty may be recovered in an action to be brought in the name of the township, and the penalty when so recovered shall be paid into the police fund of such township; and the township clerk of such township shall act as clerk of such township com- Clerk. mittee at such trial or hearing, and he is hereby authorized to administer oaths or affirmations in any matter or proceeding under the provisions of this act, and any willful or corrupt swearing by any person when taking such oath or affirmation shall be deemed perjury, and shall be punishable in the same manner as now prescribed by the statutes of this State in cases of perjury. 4. In case any member of the township committee, acting under the provisions of this act shall take or receive any reward, compensation or emolument for or in respect of any service under this act, or for or in respect to any appointment to be made or voted on, or for or in respect of any vote to be given by him in any proceedings taken under this act, he shall be deemed guilty of a misdemeanor. Receiving committeeman reward by a misde meanor. 5. All acts and parts of acts, both general and special, Repealer. inconsistent with this act be and the same are hereby repealed; provided, however, that none of the foregoing Proviso. Referendum. Ballots. Result determined and declared. When act effective. The adoption of this act shall be submitted to vote in any township of this State at any election for any township official, hereafter to be held, when a petition therefor, signed by at least five per centum of the qualified electors of such township, as evidenced by the total number of votes cast at the then next preceding election for officials of such township shall have been filed with the clerk of said township at least ten days prior to such election, of which submission the same notice shall be given as is now or may be required to be given of the said election of township officials, and the legal voters of said township may, at such election, decide upon the acceptance or rejection of this act in the following manner: There shall be printed on each ballot for any such township official or officials, next under the party heading of such ballot, the proposition "For an act to remove police departments in the townships of this State from political control and to regulate the tenure and terms of office of the officers and men employed in such departments," and immediately thereunder the proposition "Against an act to remove police departments in the townships of this State from political control and to regulate the tenure and terms of office of the officers and men employed in such departments," and the voter may vote to accept this act by obliterating the said second proposition on such ballot, or may vote to reject this act by obliterating the said first proposition on such ballot; and the said ballots so cast for or against this act shall be counted and the result. thereof returned by the election officers and a canvass of such election had in the same manner and at the same time as in case of ballot for any candidate for any township office voted for at such election, and the acceptance or rejection of this act, so determined, shall be declared in the same manner as the result of said election for any such candidate for office. If voting machines should be used at such election all voting by means thereof shall be conducted in the manner in such case made and provided by statute. And if there shall be a majority of votes so cast in favor of the acceptance of this act, but not otherwise, |
