Duties of clerk, officers. ment or fine, or both, as shall be authorized by law, in case such person had been duly indicted and convicted; and it shall be the duty of said prosecutor (in person or by deputy) to attend upon said trial, prefer to said court an allegation in writing, alleging the time, place and nature of the offense with which such person is charged, and to which said person shall forthwith plead, and the proceedings for bringing such person for trial before such court, the accusation, place, trial and sentence, shall be in conformity with law, and the practice heretofore, except the same are altered by this act, and the cost of all proceedings in said court under this act shall be taxed and paid in the same manner as costs of proceedings and indictments found in courts of oyer and terminer and general jail delivery of said county are now taxed and paid. 6. And be it enacted, That the clerk of the said county sheriff and other of Cumberland shall be clerk of the court hereby provided for, and shall issue all process, whether of capias, subpoena or execution, which shall be required in carrying out the provisions of the act, which process shall be delivered to the sheriff of the county of Cumberland, and shall be by him served and returned under the same regulations and penalties, and with the same compensation as heretofore; and the said sheriff shall be the officer of the said court, and exercise the same supervision and direction of all constables and subordinate officers attending said court, and in all things pertaining to the office, as heretofore." Persons charged with larceny, how tried. Law judge, power and authority. 7. And be it enacted, That hereafter no person charged with larceny in said county of Cumberland shall be tried otherwise than before said court of special sessions hereby provided for, or on regular indictment, according to the usual course of proceedings at law. 8. And be it enacted, That in all matters within the jurisdiction of the said several courts relating to the practice and settlement of legal rules and questions, the said law judge shall, in the absence of the justice of the supreme court holding the circuit court for said county, have exclusive power and authority to determine such rules, questions and practice. law judge. 9. And be it enacted, That the law judge provided for by compensation of this act shall receive such salary as is now provided by law for counties of its population, payable in monthly payments by the collector of said county, but shall receive no other compensation whatever. 10. And be it enacted, That all acts and parts of acts in- Repealer. consistent with the provisions of this act, shall be and the same are hereby repealed. 11. And be it enacted, That this act shall be deemed a public act and take effect immediately. Approved April 8, 1889. CHAPTER CXXXVI. An Act to facilitate judicial proceedings in the county of Atlantic. of common pleas 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the courts of common pleas, Additional juge oyer and terminer, general quarter sessions of the peace created. and orphans' court in and for the county of Atlantic, shall hereafter consist of one law judge and two lay judges, in addition to the justice of the supreme court holding the circuit for said county, and said law judge shall be a counselor-at-law of this state of at least five years' standing, and shall be appointed in the same manner as justices of the How appointed. supreme court are now appointed; provided, that the pres- Proviso. ent number of lay judges may be continued until the number is reduced to two by expiration of term of office or other vacancy as to one of the number. 2. And be it enacted, That whenever the justice of the Presiding judge, supreme court holding the circuit court for said county. shall be absent, the law judge provided for by this act shall be president judge of said courts of common pleas, oyer and terminer, general quarter sessions of the peace and orphans' court of said county. Courts may hold special terms. Indictments may 3. And be it enacted, That the courts of common pleas, general quarter sessions of the peace and orphans' court in and for said county of Atlantic, may hold adjourned and special terms of said courts, or either of them, under the regulations already provided by statute in case of the circuit court and court of oyer and terminer and general jail delivery. 4. And be it enacted, That indictments for all crimes be handed down. within the jurisdiction of the court of general quarter sessions of the peace shall be handed down by the court of oyer and terminer and general jail delivery into, and be tried in the said court of general quarter sessions of the peace, whenever the said court of oyer and terminer and general jail delivery shall deem it necessary or proper in order to expedite the business of said court, and to deliver the jail. Persons charged waive indictment 5. And be it enacted, That whenever any person shall be with offence may charged, upon oath, before any justice of the peace or and trial by jury. police justice, or any other officer authorized to hear said charge, in the county of Atlantic, with any offense now triable by law before the court of general quarter sessions of the peace of said county, and such person shall, in writing, signed by him or her, addressed to the prosecutor of the pleas of said county, waive indictment and trial by jury, and request to be tried immediately, it shall be the duty of said prosecutor, unless he or the president judge of the court of common pleas of said county shall think the public interest will be benefited by denying said request, to apply to the president judge of said court of common pleas for the immediate trial of said person, and the said president judge shall thereupon call a court of special quarter sessions, to be composed of himself and at least one other judge of said court, to meet at the courthouse, in said county, which court is hereby empowered and required to try such persons with all due speed, having due regard to the circumstances of the case, the public interest, and the possibility of obtaining necessary witnesses to determine the guilt or innocence of the person charged; if such person be acquitted by the said court, he or she shall be forthwith discharged; if he or she shall plead guilty, or be convicted, said court shall thereupon forthwith render and record such judgment of imprison ment or fine, or both, as shall be authorized by law, in case such person had been duly indicted and convicted; and it shall be the duty of said prosecutor (in person or by deputy) to attend upon said trial, prefer to said court an allegation, in writing, alleging the time, place and nature of the offense with which such person is charged, and to which said person shall forthwith plead, and the proceedings for bringing such person for trial before such court, the accusation, place, trial and sentence, shall be in conformity with law, and the practice heretofore, except the same are altered by this act, and the cost of all proceedings in said court under this act shall be taxed and paid in the same manner as costs of proceedings and indictments found in courts of oyer and terminer and general jail delivery of said county are now taxed and paid. sheriff and other 6. And be it enacted, That the clerk of the said county Duties of clerk, of Atlantic shall be clerk of the court hereby provided officers. for, and shall issue all process, whether of capias, subpoena or execution, which shall be required in carrying out the provisions of the act, which process shall be delivered to the sheriff of the county of Atlantic, and shall be by him served and returned under the same regulations and penalties, and with the same compensation as heretofore; and the said sheriff shall be the officer of the said court, and exercise the same supervision and direction of all constables and subordinate officers attending said court, and in all things pertaining to the office, as heretofore. with larceny, 7. And be it enacted, That hereafter no person charged Persons charged with larceny in said county of Atlantic shall be tried how tried. otherwise than before said court of special sessions hereby provided for, or on regular indictment, according to the usual course of proceedings at law. judge. 8. And be it enacted, That in all matters within the Power and jurisdiction of the said several courts relating to the authority of law practice and settlement of legal rules and questions, the said law judge shall, in the absence of the justice of the supreme court holding the circuit court for said county, have exclusive power and authority to determine such rules, questions and practice. 9. And be it enacted, That the law judge provided for Compensation of by this act shall receive a salary of fifteen hundred dollars law judge. Repealer. per annum, payable in monthly payments by the collector of said county, but shall receive no other compensation whatever. 10. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act, shall be and the same are hereby repealed. 11. And be it enacted, That this act shall be deemed a public act, and take effect immediately. Approved April 8, 1889. Boundaries of CHAPTER CLXX. An Act to establish a new township in the county of 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That all that portion of the townnew township. ship of Union, in the county of Bergen, lying within the following boundaries, to wit: beginning at the intersection of a line in the middle of the Hackensack river with the middle line of the lands of the Paterson and Ramapo railroad, now occupied by the New York, Lake Erie and Western railroad company; running thence northerly and westerly, along the center line of said railroad, in the various courses thereof, to the middle of the Passaic river; thence northerly, along the middle of the Passaic river, to the southerly line of the township of Lodi, in the county of Bergen; thence easterly, along the southerly line of said township of Lodi, to the middle of the Hackensack river; thence southerly, along the middle of the Hackensack river, in the several courses thereof, to the place of beginning, shall be, and hereby is set off from the township of Union, in the county of Bergen, and made a separate township, to be known by the name of the township of Boiling Springs. Name of new township. |