CHAPTER CCLXXIII. A further supplement to the act entitled "An act to transfer the charge and keeping of the jails and custody of the prisoners, in the counties of Essex and Hudson, from the Sheriffs to the Boards of Chosen Freeholders, and for the employment of the prisoners, and to regulate their term of service therein," approved February twenty-seven, one thousand eight hundred and fifty-seven. freeholders control and tiary. 1. BE IT ENACTED by the Senate and General Assembly of Board of the State of New Jersey, That the custody, control, and charge chosen of the penitentiary, known as the Essex county penitentia- to have ry, now in course of erection in the township of Caldwell, charge of in the county of Essex, by the board of chosen freeholders penitenof said county, and of the prisoners that may be confined therein, when constructed, shall be in the board of chosen freeholders of that county, and in such warden as they may May apappoint for that purpose; and the said board of chosen free-point warholders and such warden, shall, in the reception, custody, maintenance, treatment and discharge of prisoners be sub. ject to all laws and regulations to which sheriffs and their jailors are subject. 2. And be it enacted, That the said warden shall be appointed as provided by the fourth section of the act to which this is a supplement, and all the provisions of said section are hereby made applicable to the warden so appointed. den. tiary and workhouse to be deemed a part of 3. And be it enacted, That the said penitentiary and the Penitenworkhouse which may be established in connection therewith, or as a part thereof, or so much thereof as shall be so declared by said board of chosen freeholders, shall be deemed common to be a part of the common jail of said county of Essex, and the said warden shall be the master of the said workhouse, and subject to the regulations prescribed by said board, shall have the charge and custody of all persons committed to, have jail. Warden to all persons charge of and confined in said penitentiary at hard labor, or transferred confined in thereto as hereinafter provided; and the sixth section of the act to which this is a further supplement is hereby extended and made applicable thereto. peniten tiary. Warden to keep per sons em ployed. Court may that person be confined bor. tenced to 4. And be it enacted, That said warden shall keep at such work and labor as they are able to perform, in said penitentiary or workhouse, or in the vicinity thereof, subject to the regulations prescribed by said board, during their continuance in custody, all persons sentenced by any court or tribunal of said county, for crime or misdemeanor; all persons convicted and committed under or by virtue of the act entitled "An act to describe, apprehend and punish disorderly persons," or the act entitled "An act for suppressing vice and immorality," or of any supplement to either of said acts, and all persons convicted and sentenced to jail imprisonment for the violation of any municipal ordinances and such other persons as are or may be directed to be employed at work in the workhouses in the several counties of this state. 5. And be it enacted, It shall be lawful for the court of oyer adjudge and terminer and general jail delivery, and the court of genconvicted eral or special quarter sessions of the peace, in and for the at hard la- county of Essex, in all cases where any person shall be convicted in either of said courts, of any offence punishable by imprisonment in the state prison, if in the discretion of said court, it shall be deemed advisable, to adjudge that such person be confined at hard labor in the said penitentiary for any length of time not exceeding eighteen months, for which such person might, for such offence, have been sentenced to the state prison; and such person so sentenced shall be transportPerson sen- ed by the sheriff of said county, or by his lawful deputy, to be trans- the said penitentiary, at the expense of the county at rates to be adjusted and regulated by said board from time to time tentiary at and to be paid, on the certificate and order of said warden; expense of which person so transported to said penitentiary, shall there To be deliv-be delivered into the custody of said warden, together with ered into a copy of the sentence of the court ordering such punishment, and of the taxed bill of costs of prosecution against such person, certified under the hand and official seal of the clerk of such court; and said person so delivered to said warden, shall be safely kept in said penitentiary until the time of his or her confinement shall have expired, and the fine or fines and costs of prosecution and transportation shall ported by sheriff to said peni county. custody of warden. have been paid or worked out, as hereinafter provided, or until discharged by due course of law. 6. And be it enacted, That the director of said board, or who may the chairman of the jail committee thereof, shall have pow-examine er to examine, under oath or affirmation any person or per-amined relsons, relative to any abuse or breach of duty, on the part of breach of any officer or employee of said penitentiary, or to any mat- duty. ter or thing pertaining to said penitentiary. ative to may work of prosecu 7. And be it enacted, That the said board may allow any Offender offender committed to said penitentiary to work out any out his fine or fines and costs of prosecution and transportation af- tine or costs ter he shall have served his or her full term of confine- tion. ment; and in computing fines and costs of prosecution and transportation in such cases, there may be credited to each offender such sum per day for each and every day he or she shall actually be engaged in work assigned to him or her, after serving his or her term of imprisonment, as said board may prescribe. visions for 8. And be it enacted, That the said board may make such Board may provision for the reformation and the moral and mental in- make prostruction and improvement of the inmates of said peniten- moral and tiary as they may deem expedient. mental improvement of inmates. strued. 9. And be it enacted, That all sentences to hard labor Sentences and imprisonment in the common jail or workhouse of said how concounty shall be construed to apply either to the county jail or workhouse in the city of Newark, or to the said penitentiary or workhouse in the said township of Caldwell, and any person sentenced to or confined in either one may be committed or transferred to the other, whenever the said board may deem it expedient. raise 10. And be it enacted, That the said board may raise by Board may tax and expend from time to time such sum or sums of mon- money by ey as shall be necessary to carry into effect the purposes of this act. tax. of certain 11. And be it enacted, That the provisions of the act enti- Extending tled "An act for the establishment of workhouses in the provisions several counties in this state" and all supplements thereto, acts. as well as the provisions of the act to which this is a further supplement, shall extend and apply to the said penitentiary, so far as they may be consistent with the provisions of this act, which shall be deemed a public act and take effect immediately. Approved March 18, 1874. Cesspool or not to be the same shall be eight feet above water level, CHAPTER CCLXXXVI. An act for the preservation of health and to preserve the purity of the water in the Township of Landis, county of Cumberland. 1. BE IT ENACTED by the Senate and General Assembly of the privy vault State of New Jersey, That it shall be unlawful to dig or dug unless maintain a cesspool or privy vault in the ground, unless the same shall be at least eight feet above the water level of the water at high water mark in the wells of said township. 2. And be it enacted, That it shall be lawful for any per son to make complaint, under an oath or affirmation before a justice of the peace in this state against any one offending against the provisions of this act, and said justice shall proceed to try the same. Complaint before whom and how made. Penalty. Repealer. 3. And be it enacted, That any person convicted of offending against the provisions of this act, shall be fined in any sum not less than twenty dollars nor more than forty dollars for each offence, with the costs of said suit, one half of which sum shall be paid to said complainant. and the other half to be paid to the collector of said township for the use of the poor of said township. 4. And be it enacted, That all acts and parts of acts inconsistent with this act are hereby repealed. 5. And be it enacted, That this act shall be considered a public act, and shall take effect immediately. Approved March 19, 1874. CHAPTER CCLXXXVII A supplement to an act entitled "An act to establish a system of Public Instruction," approved March twenty-first, one thousand eight hundred and sixty-seven. ballot in 1. Be it ENACTED by the Senate aud General Assembly of vote to be the State of New Jersey, That whenever the trustees of any taken by school district in Cumberland county shall be directed or certain authorized to purchase land for school purposes, to build, cases. enlarge, or repair, or improve school buildings, or borrow, or raise money therefor, or to pay debts of the district, incurred for such purposes, or for the current expenses of the school, the vote of the inhabitants, so directing or authorizing the trustees, shall be taken by ballot. 2. And be it enacted, That this act shall take effect immediately. Approved March 19, 1874. CHAPTER CCLXXXVIII. A further supplement to an act entitled "An act to divide the township of North Bergen, in the county of Hudson," passed February twenty-eighth, one thousand eight hundred and sixty-one. Act passed 1. BE IT ENACTED by the Senate and General Assembly of the Nothing in State of New Jersey, That nothing contained in the act to February which this is a supplement shall prohibit the allowance or 28, 1861, granting of a writ or writs of certiorari touching an assess-hibit allowment for any improvement named in said act, provided, the or writs of shall pro ance of writ certiorari, &c. |