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CHAPTER 234.

An Act making an appropriation for plans and estimates of cost for the improvement of Manasquan Inlet.

WHEREAS, It is represented by the Geological Reports Preamble. of New Jersey for the year one thousand nine hundred and five that for a moderate cost the Manasquan inlet can be made available for small craft, at all times, and thereby be a great saving to both life and property, as well as promoting pleasure boating and fishing industries along the coast from Sandy Hook to Barnegat; and

WHEREAS, It is believed that the late plans proposed in the report aforesaid, if adopted, are both feasible and economical; therefore

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

tion.

I. The sum of two hundred dollars, or so much Appropriathereof as may be necessary, be and the same is hereby appropriated out of the State fund for the use and purpose of making plans and estimates of cost for the construction of a "reaction jetty," as is indicated in the report of the State Geologist, year one thousand nine hundred and five, part one, showing changes on the Jersey coast.

The aforesaid sum (two hundred dollars) to be used How used. under the direction of the State Geologist, for expenses

of survey and estimate, who shall transmit to the Gov

ernor a report of the work and his recommendation re- Report. garding it.

2. This act shall take effect immediately. Approved June 10, 1907.

Section amended.

Salaries of oyster superintendents.

Repealer.

CHAPTER 235.

An Act to amend section six of an act entitled "An act
to provide for the marking and designating of the
channels of the bays, thoroughfares and sounds
flowed by tide water in the counties of Ocean, At-
lantic and Cape May," approved June twelfth, one
thousand nine hundred and six.

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

1. Section six of an act entitled "An act to provide for the marking and designating of the channels of the bays, thoroughfares and sounds flowed by tide water in the counties of Ocean, Atlantic and Cape May," approved June twelfth, one thousand nine hundred and six, be amended and read as follows:

6. Each superintendent shall receive annually, as compensation for the duty required by this act, the sum of one hundred dollars, payable July fifteenth, for each district in which such channel shall be so designated, and shall be allowed for the materials and services necessary to carry this act into effect the additional sums of four hundred dollars for the district embraced by Ocean county, four hundred dollars for the district embraced by Atlantic county and six hundred dollars for the district embraced by Cape May county.

2. All acts and parts of acts inconsistent herewith be and the same are hereby repealed to the extent of such inconsistencies, and that this act shall take effect immediately.

Approved June 10, 1907.

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CHAPTER 236.

An Act providing for a survey or surveys to show the amount of dredging necessary to deepen the channels of the inland waterways extending from Cape May to Bay Head along the Atlantic coast, and for estimates of the cost of deepening the same and appropriating five thousand dollars to defray the expenses of such surveys and estimates.

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

deepening

channel made

by geologist.

1. The State Geologist of the State of New Jersey Estimates for is hereby authorized and directed to make an estimate of the amount of expenditures necessary to deepen such portions of the inland waterway extending from Cape May to Bay Head along the Atlantic coast as may be required to be deepened to secure a channel between said points of the minimum depth of eight and ten feet, respectively, at low water, and of the width of fifty feet, and to make a report of the estimate so made by him to the one hundred and thirty-second session of the Legislature of the State of New Jersey at the opening thereof. 2. Said report to be made by the said State Geologist Detailed shall include a detailed statement of the manner in which said estimate is by him made, and shall show the estimated cost of the width named in the preceding paragraph at the two depths respectively named, and shall be accompanied by suitable maps and data to elucidate the same.

report.

3. In making such surveys as may be essential to pro- Assistance. cure the necessary data from which the estimates referred to in the preceding sections may be made the State Geologist is authorized to employ such assistance as in his judgment may be necessary, and the total cost

Appropria tion.

of making said survey and estimates shall not exceed the
sum of five thousand dollars; and there is hereby appro-
priated from the treasury of the State of New Jersey the
sum of five thousand dollars from which all expenses
connected with said survey and estimates which shall be
approved by the said State Geologist shall be paid.
4. This act shall take effect immediately.
Approved June 10, 1907.

As to bulk sales.

Purchaser to protect himself by inquiry and notice to creditors.

Proviso.

CHAPTER 237.

An Act to prohibit sales of merchandise in bulk in fraud. of creditors.

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

I. The sale in bulk of the whole or a large part of the stock of merchandise and fixtures, or merchandise or fixtures, otherwise than in the ordinary course of trade, and in the regular and usual prosecution of the seller's business, shall be void as against the creditors of the seller, unless the purchaser shall, in good faith and for the purpose of giving the notice herein required, make inquiry of the seller and receive from him a list in writing of the names and places of residence or business of and indebtedness to each and all of such creditors, and unless the purchaser shall, at least five days before the consummation of the sale, give personal notice of said proposed sale to each of the creditors of the seller as appearing on said list, or use reasonable diligence to cause personal notice to be given to them, or shall deposit in the mail a registered letter of notice, postage prepaid, addressed to each of the seller's said creditors at his post-office address, according to the written information furnished; provided, however, that no proceedings at law or equity shall be brought against the purchaser to invalidate any such voidable sale after

the expiration of ninety days from the consummation thereof.

action by

2. The seller shall make full and truthful answer, in Truthful writing, to each and all of the inquiries made of him seller. by the purchaser, as required in section one; and if such seller shall knowingly and willfully make or deliver, or cause to be made or delivered, to said purchaser any false answer to such inquiries, or shall induce a sale by refusing to make answer to such inquiries, or by fraudulently claiming or pretending ignorance of the matters called for by such inquiries, then, in each of said cases, said seller shall be deemed guilty of a misdemeanor, after indictment, upon conviction thereof.

3. Sellers and purchasers under this act shall include To whom act corporations, associations, copartnerships and indi- applicable. viduals; but nothing contained in this act shall apply to sales made under any order of a court, or to any sales made by executors, assignees for the benefit of creditors, administrators, receivers, or any public officer in his official capacity, or by any officer of a court.

4. This act shall take effect immediately. Approved June 11, 1907.

CHAPTER 238.

A Further Supplement to "An act to regulate fees," approved April fifteenth, one thousand eight hundred and forty-six.

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

1. Constables of the counties of the first class shall receive per day, for each and every day engaged in attending the Circuit Court, Court of Oyer and Terminer and General Jail Delivery, Court of Common Pleas and General Quarter Sessions of the Peace in said counties, a fee of three dollars and fifty cents, which payment shall

Pay of con

stables in

first class

counties.

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