unexpended, to such person as may be appointed to succeed him, on demand; and such treasurer shall give bond to the inhabitants of such town or township in such sum and with such sureties as the said committee shall approve, conditioned for the faithful discharge of all the duties of his office, and for the payment by him, on demand, to his successor in office, or to such person as the said committee shall designate and appoint, of such moneys remaining in his hands not paid out on the order of said committee, and upon the further condition that such treasurer render at all times, when called upon by the said committee, and at the end of his term of office, a just and true account of all moneys received and paid out by him as aforesaid, which bond shall be filed in the office of the clerk of the county in which such town or township is, the same having been first approved by the said town committee, and such approval indorsed on said bond; provided, however, that the provisions of this act shall not apply to townships in counties of this state having one hundred thousand inhabitants, or more, by the last state census. 2. And be it enacted, That this act shall take effect immediately. Approved March 26, 1889. CHAPTER LXVII. A Supplement to the act entitled "An act to authorize the sale of church property and vesting a valid title thereto in the purchaser, free from uses for church purposes," approved April fifth, one thousand eight hundred and eighty-six. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any incorporated religious Power to sell society, owning or holding the title to any lands, premises lands, &c. and convey Previso. or real estate in trust or on condition that the same shall be used for church purposes, may, by its board of trustees, consistory or other board managing its temporalities, alone and without a vote of the members of the society, sell and convey, and it is hereby authorized and empowered to sell and convey, in fee simple or otherwise, such lands, premises and real estate, or any part thereof, with the appurtenances, freed and discharged from such trust or condition, and the deed therefor shall convey to the purchaser a title good and effectual in law, free from such trust or condition, and the grantee or grantees shall take the property so freed and discharged accordingly; provided, the donor or donors by whom such trust was created or condition imposed shall have discharged the property or such society from such trust or condition, or shall consent to such conveyance free from such trust or condition. 2. And be it enacted, That this act shall take effect immediately. Approved March 26, 1889. CHAPTER LXVIII. A Further Supplement to an act entitled "An act to provide for the incorporation of street railway companies and to regulate the same," approved April sixth, one thousand eight hundred and eighty-six. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section eight of the act entitled "An act to provide for the incorporation of street railway companies and to regulate the same," approved April sixth, one thousand eight hundred and eighty-six, be and the same is hereby amended so as to read as follows: amended. 8. And be it enacted, That the board of aldermen, com- Section as mon council or township committee of any municipality or township, upon the petition of the directors of any company incorporated under this act, or a majority thereof, for a location of the tracks of its railway therein, conformably to the route designated in their articles of incorporation, or for an extension of the same, shall give notice to all parties interested, by publication in one or more newspapers published and circulated in said municipality, or, if none be published there, then by posting in five of the most public places in such municipality or township, at least fourteen days before their meeting, of the time and place at which they will consider such application for location; and, after hearing, they shall pass an ordinance refusing such location or extension or granting the same, or any portion thereof, under such lawful restrictions as they may deem the interests of the public require; and the location or extension thus granted shall be deemed and taken to be the true location or extension of the tracks of the railway, if an acceptance thereof, in writing, by said directors, shall be filed with the secretary of state within thirty days after receiving notice thereof, and a copy thereof delivered to the clerk or other equivalent officer of the municipality or township; provided, that no street railway shall be constructed in the Proviso. same street or highway in which a street railway may then be constructed and operated within one thousand feet of said railway, nor parallel thereto within less than two blocks thereof, for a distance greater than two hundred feet, without the written consent of the company then operating said railway, except to cross the same; but it shall and may be lawful to construct a street railway for a distance not greater than three hundred feet in any street or highway in which a street railway may be then constructed, in case the portion of said street or highway in which it is proposed to construct a new road is within two hundred feet of a passenger depot of any steam railroad, and is also a street or highway connecting two other streets or highways, in both of which it is proposed to construct said new road or extension; and in such case it shall not be necessary to obtain and file, as hereinafter provided, the consent of the owners of Proviso. Proviso. Proviso. Section as amended. Proviso. property fronting on that portion of said street or highway in which said street railway is already constructed as aforesaid; provided, always, that nothing herein contained shall be deemed to authorize the construction of any street railway upon any road lawfully built or controlled by any turnpike, plank-road or toll-road company, without the written consent of such turnpike, plank-road or toll-road company; and provided, further, that such ordinance shall not be passed or adopted until the company applying for a location of route shall file with the clerk of the board of aldermen, or other body to which application is made, the written consent of the owners of at least one-half of the property fronting on such portion of the street or highway through which such railway is to be made, which written consent shall be acknowledged by the subscribers thereto as are deeds entitled to be recorded; provided, that the consent as aforesaid of any executor or administrator having power to sell real estate, shall be a sufficient consent for the lands which he has such power to sell; if the route thus accepted be shorter than the route designated in the certificate of incorporation, a proportionate part of the moneys paid to the state treasurer upon filing the certificate of incorporation shall be forthwith refunded by the treasurer to said company; but none of such money shall be refunded as aforesaid for any distance in length of route less than half a mile. 2. And be it enacted, That section ten of said act be and the same is hereby amended so as to read as follows: 10. And be it enacted, That if any street railway company incorporated under this act shall not build and put in operation at least one-half of its road within two years. after the passage of the ordinance establishing its route by the local authorities, its corporate power shall thereupon cease, and any moneys paid by it to the state treasurer as a guarantee of good faith, under section three of this act, shall be forfeited to the use of the state, excepting such parts thereof as may have been refunded by the treasurer, for portions of the road built; provided, that if any company incorporated under this act shall be restrained, by the order of any court having jurisdiction, from constructing its road or extension, after the route thereof has been duly located, then the time during which such restraint exists shall not be computed as any portion of the time allowed by this act for the construction and putting into operation of said road. &c., conferred heretofore 3. And be it enacted, That all the powers, rights and Powers, rights, privileges conferred by the provisions of this act shall upon companies apply to and be enjoyed as well by any street railway organized. company heretofore organized under the act to which this act is a supplement, as by any such company hereafter to be so organized thereunder. 4. And be it enacted, That all acts or parts of acts, Repealer. general or special, inconsistent with the provisions of this act, be and the same are hereby repealed. 5. And be it enacted, That this act shall take effect immediately. Approved March 27, 1889. CHAPTER LXIX. An Act to remunerate General William S. Truex for certain services performed by him for this state, as superintendent of a recruiting camp near Freehold, New Jersey, during the late civil war. WHEREAS, General William S. Truex, late colonel of the Preamble. fourteenth regiment New Jersey volunteers, and a survivor of both the Mexican and the late civil wars, is now a confirmed invalid, suffering from paralysis, resulting chiefly from military service in the late war; and whereas, during a period of fifty days, namely, from July seventh, one thousand eight hundred and sixtytwo, to August twenty-sixth, one thousand eight hundred and sixty-two, he rendered certain important services for this state, as superintendent of a recruiting camp-Camp Vredenburgh-near Freehold, New Jer |