Right and title to land. 1909. use said railway leading from the said hospital at Morris Plains to Morris Plains, and the use by said Morris County Traction Company of said tracks shall be under such rules and regulations as shall be prescribed by said Board of Managers of said Hospital. 2. Nothing in this act contained, or in any agreement to be entered into between said Board of Managers and said Morris County Traction Company, shall be construed to vest in said company any title, interest, right or ownership in the land covered by the railway tracks leading from the said State hospital to Morris Plains, or of any of the equipment of said railway. 3. This act shall take effect immediately. Approved April 20, 1909. Board of protectors. No salary; expenses met. Causes investigated. CHAPTER 211. An Act for the prevention of drunkenness. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: I. In every municipality of this State, the governing body thereof may appoint three reputable citizens, resident in said municipality, to be known as a board of protectors, which board shall have the power and authority hereinafter set forth. 2. Said board shall serve without compensation, except that their reasonable expenses incurred in serving notices hereinafter prescribed, printing and stationery, shall be paid by said municipality as other bills are paid. 3. Said board shall investigate the causes of drunkenness in the municipality for which they are appointed, and whenever it satisfactorily appears to said board that any person residing in, or who frequents dealers to said municipality, is an habitual drunkard or is likely to become a drunkard by the use of intoxicating liquors, such board shall, by notice in writing mailed Notice to to every person licensed to sell intoxicating liquors in cease selling. said municipality, direct all persons, so as aforesaid licensed to sell intoxicating liquors in said municipality, to desist from either selling or giving intoxicating liquors to any such such person SO determined to be an habitual drunkard or likely to become a drunkard. Any person who know- Penalties. ingly shall sell or give any intoxicating liquor to any person, so as aforesaid determined to be an habitual drunkard or like to become a drunkard, after notice to desist from the sale or gift of intoxicating liquors to any such person, as aforesaid, either directly or through a third person, shall, for the first offence, be liable to a penalty of fifty dollars, to be recovered in an action of debt by said board of protectors; and for a second offence shall be liable to a penalty of one hundred dollars to be recovered in like manner; and for a third offence, shall be liable to a penalty of two hundred dollars, to be recovered in like manner; and upon a third violation said board of protectors shall report said fact to the board, person, body or court having the right to grant license for the sale of intoxicating liquor in said municipality, whereupon said board, person, body or court having the right to grant such license, may revoke the license of the person so selling or giv- May revoke ing intoxicating liquor in violation of the provisions of this act, perpetually or for a stated period of time. No Hearing. action for a penalty, however, shall be instituted against any person for the sale or gift of intoxicating liquor in violation of the provisions of this act, unless the person so violating shall first be given an opportunity to appear before said board of protectors at a time and place to be fixed by said board, notice whereof shall be given in writing to said person, either personally or left at his dwelling house, place of abode or place of business, at least five days before the date of said hearing. license. Notice to party to cease buying liquor. Monthly meetings; notice of. Definitions. 4. It shall also be the duty of said board of protectors to give notice in writing to any person whom said board shall determine to be an habitual drunkard or likely to become a drunkard, by reason of the use of intoxicating liquors, to cease the purchase of liquor within said municipality, and if any such person shall thereafter purchase any intoxicating liquors in said municipality such person shall be deemed a disorderly person and punishable as such. 5. Said board of protectors shall hold a stated meeting at least once in each and every month, and shall give notice in one of the newspapers printed and published in said municipality, or, if there be no newspaper published in said municipality, in a newspaper circulating therein, for one insertion, at least one week before the board shall hold its first stated meeting, of the time and place fixed for the holding of such stated meetings, at any of which meetings all persons shall be entitled to be heard respecting any matters coming within the purview of this act. " 6. The words "intoxicating liquor" wherever used in this act, shall be construed to mean and include vinous, spirituous, malt or brewed liquors of any kind or character, and the word "person" shall be taken to mean and include a corporation or partnership. 7. This act shall take effect immediately. CHAPTER 212. An Act to provide for the purchase, construction, improvement and maintenance of public parks by cities in this State. Be it enacted by the Senate and General Assembly of the State of New Jersey: cities. I. The board or body having charge and control of Parks in the public parks, where a separate board exists for that purpose in any city of this State, shall have authority to purchase lands for public parks in any such city; provided, that before any such purchase the board or Proviso. body having charge and control of the finances of any such city, provided there be a distinct board having such powers, shall concur in the same. Acquire land by agreement or condemna tion. 2. When such board or body having charge and control of the public parks as aforesaid shall deem it proper to acquire certain land for the purposes aforesaid, and the said board, or its agents, cannot agree with the owner, or owners of said land, as to the price and terms of the purchase thereof, or when by the legal incapacity or absence of such owner or owners no agreement can be made for the purchase thereof, or when for any other reason said board cannot arrange for the purchase thereof it shall be lawful for said city to acquire the title by condemnation; provided, that no Proviso. application or proceeding shall be instituted for that purpose, except by and with the consent of the board or body having charge and control of the finances of such city. to meet ligations. 3. The board having charge and control of the fin- Bond issue ances of any such city shall have the power to borrow so much money as may be necessary for the purchase and acquirement of lands for the purposes mentioned in the first section of this act, and for the laying out and improvement of the same, and for the improvement and extension of any parks heretofore purchased or acquired in any such city, and may issue bonds or obligations of the city therefor, bearing interest at a Rate. rate not exceeding four per cent. per annum, in an ob Amount. Proviso. Bonds exempt from taxation. Sinking fund. Sale of bonds and use of proceeds. Act is additional legislation. amount not exceeding three hundred thousand dollars, and make the same payable at such time or times as such board shall determine; provided, that the term of said bonds or obligations shall not exceed forty years. 4. The issue of bonds under the provisions of this act shall be exempt from taxation, and they shall be in such sum as the board having charge and control of the finances of said city shall determine; they shall be executed under the corporate seal of such city. and shall be signed by the mayor and comptroller of such city, and may be either registered or coupon bonds, as the board may direct. The interest on the said bonds and the amount provided to be set apart for a sinking fund therefor, which shall not be less than one and one-quarter per cent. annually, shall be raised and paid by taxation, such tax to be assessed, levied and collected as other taxes in such city are now, or may hereafter be levied and collected. 5. The board or authority having charge and control of the finances of said city may dispose of the bonds or obligations hereby authorized at public sale, after due advertisement, but in no case for less than par; all of the moneys received from the sale of the said bonds shall be applied and used for the purposes of this act, and for no other purpose. 6. This act shall take effect immediately, but shall not repeal or affect any other legislation or proceedings thereunder for the purchase or condemnation of lands for park purposes and for maintaining such parks, and this act is declared to be additional legislation for such purpose. Approved April 20, 1909. |