competent as reason of be ing an inhab itant.. No person in- 22. And be it enacted, That upon the trial of any issue, or a witness by upon the judicial investigation of any fact, to which issue or investigation the burgess, clerk and common council of said borough are a party or in which they are interested no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant or freeholder of said borough; and if any person shall be sued or impleaded by reason of anything done by this act, it shall be lawful for such person to plead the general issue, and to give this act and the matter in evidence at the trial. Proceedings when annual held on the 23. And be it enacted, That in case it shall so happen by election is not any means that the annual election herein before provided for day appointed shall not be held at the time designated therefor as aforesaid, then the burgess and other officers of the said borough of the preceding year shall continue to exercise their several offices, powers and authorities until an election shall be duly held; and it shall be the duty of the common council forthwith to appoint another day for a special election for officers of the said borough, of which time the borough clerk shall give ten days notice as aforesaid, and which shall be conducted in all respects in the manner prescribed herein before for annual elections. To be a separate school district. Proviso. When to go into effect. 24. And be it enacted, That the said borough shall be a separate school district, and shall be entitled to its pro rats share of the public school funds appropriated by the state for that purpose; provided, that if it shall be found that on account of great distance from, or difficulty of access to the proper school house in any other district, the pupils who have heretofore attended the schools within the limits of the said borough, and who shall not reside therein after the passage of this act, and the said pupils could be more conveniently accommodated in the schools of this borough, it shall be the duty of the trustees or controllers of the schools of said borough, and of such adjoining district in the township, to make an arrangement by which such pupils may be instructed in the most convenient school of the adjoining district; and the expenses of such instruction and books used by said pupils, shall be paid as may be agreed upon by the trustees or controllers of the two adjoining districts aforesaid, either by resolution or agreement of said boards, which shall be entered upon the minutes of the respective boards. 25. And be it enacted, That from and after the said first Tuesday of May next, the burgess and common council duly elected, and their successors, shall be one body politic and corporate, in deed, fact, name and law, by the name, style and title of "The burgess and common council of the borough of Riverside," and as such shall have, possess and enjoy all the rights, liberties, franchises and privileges of a borough incorporated in pursuance of this act. 26. And be it enacted, That this act shall take effect immediately. Approved April 15, 1868. CHAPTER CCCCXXXVI. An Act to authorize the erection of a House of Detention in the township of Upper Alloways Creek, in the county of Salem. house of de 1. BE IT ENACTED by the Senate and General Assembly of May erect the State of New Jersey, That the township committee of the tention. said township of Upper Alloways Creek be and they are hereby empowered to erect in such place in said township as to them seems advisable, a suitable building to be used as a house of detention, into which may be committed, by any of the constables or other proper authorities of said township, and safely kept, any and all persons arrested for offending within the limits of said township against the laws of this state until the offence can be heard and duly investigated by a magistrate, and such offender be further dealt with as the law directs. raised by tax. 2. And be it enacted, That the amount of money necessary Cost of buildfor the erection of such house of detention shall be raised in be by assessment upon the inhabitants and taxable property of said township at such time and in such manner as other moneys are raised for township purposes. 3. And be it enacted, That this act shall take effect immediately. Approved April 15, 1868. Corporators. CHAPTER CCCCXXXVII. An Act to incorporate the Hoboken Yacht Club. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Jacob C. Appleby, James E. Pope, Thomas H. Hutton, William H. Curtis, Victor Vuillaume, and such other persons as now or may be hereafter associated with them, be and they are hereby constituted and declared a body politic, in fact and in law, by the name of Name. "The Hoboken Yacht Club," and by that name they and their successors shall have perpetual succession, and be capable of suing and being sued, pleading and being im pleaded, answering and being answered unto, defending and being defended in all courts and whatsoever places, and may have a common seal, and change and alter the same at pleasure, and that they and their successors by the said name shall be capable in law to hold any estate, real or personal, either by devise, purchase, donation or otherwise, to the use of them and their successors, and to lease, sell and convey, or otherwise dispose of the same as to them shall seem most advantageous for promoting the purposes of their incorporation, but the yearly income of such estate shall not exceed the sum of five thousand dollars. Object of corporation. Funds, how appropriated 2. And be it enacted, That the object of this incorporation shall be the building, purchasing and sailing of yachts, the encouragement of yacht building, and the cultivation and advancement of naval architecture, construction and science. 3. And be it enacted, That the estate and funds of said incorporation, after paying all proper charges and expenses, shall be exclusively devoted to the objects aforesaid, except so far as they may deem it necessary, to apply their funds to the purpose of holding and purchasing of any real estate, and erecting any building thereon for the benefit and accommodation of the members of said corporation, or the purchase, leas ing or construction of any wharves, docks or piers, as may be deemed necessary to carry out the objects of this incorpora tion, which said real estate they may again sell and invest as the interests of the corporation may require. Powers of cor. 4. And be it enacted, That the said corporation shall have power from time [to time] to make and establish such consti poration. tution, by-laws, rules and regulations as they shall judge proper for the election of officers; for prescribing their respective functions, and the mode of discharging the same; for the admission of members, the suspension and expulsion of the same; for the government of the officers and members thereof; for imposing and collecting admission fees, fines and contributions from the members; for regulating the time and place of meeting; which constitution and by-laws shall not be repugnant to the constitution and laws of the United States, or of this state, and which they may from time to time alter and repeal; and they shall have power in their corporate name to institute suits for the recovery of all fines, debts, dues and arrearages due the said corporation. and first trus 5. And be it enacted, That the said corporation shall be Where located located in Hoboken, or some convenient point in the county tees. of Hudson, and that the persons named in the first section shall be the first trustees of said corporation, and shall continue in office until the first Wednesday in November next, and until others are elected in their stead. trustees. 6. And be it enacted, That the trustees of said corporation Election of shall consist of five in number, who shall be chosen annually on the first Wednesday in November, at such time and place and on such notice as said by-laws shall fix; that all elections shall be by ballot, and that each member shall be entitled to one vote, which must be given in person or by proxy; and if at any time for any cause it shall happen that no election shall be held or made at the time herein appointed, the trustees for the time being shall continue in office until an election be regularly held, according to the requirements of the bylaws in that behalf, or of this act; and that in any election of trustees, the persons having or receiving the greatest number of votes shall be trustees, and shall continue in office until their successors are elected. mally con 7. And be it enacted, That this act shall be formally con- Act to be for strued in all courts and places for the purposes thereby in-strued. tended, and no misnomer of the said corporation in any deed, grant, gift, devise, bequest or other instrument, contract or conveyance, shall defeat or vitiate the same if the corporation be sufficiently described to show or ascertain the intention of the parties. 8. And be it enacted, That the legislature reserve the right May be reat any time hereafter to alter, repeal or modify this act. pealed. 9. And be it enacted, That this act shall take effect imme diately. Approved April 15, 1868. CHAPTER CCCCXXXVIII. An Act to legalize certain tax sales made by the collector of the township of Montague, in the county of Sussex. Preamble. WHEREAS, Thomas Perry, collector of the township of Montague, did, on or about the twenty-fourth day of April, eighteen hundred and sixty-seven, by the order and direc tion of the township committee of the said township, make sale of certain lands situate in the said township belonging to non-residents and subject to taxation in said township; and whereas, doubts exist as to the legality of the sale so made as aforesaid; therefore Sales legalized 1. BE IT ENACTED by the Senate and General Assembly of and confirmed the State of New Jersey, That the sales made by the said Thomas Perry, collector of the said township, in the preamble to this act set forth, be and the same are hereby legalized, ratified, and confirmed in all things, and that all conveyances made by him in pursuance thereof, shall be as valid and effectual in law as if made in strict conformity with the laws of this state. 2. And be it enacted, That this act shall be deemed s public act, and shall take effect immediately. Passed April 15, 1868. |