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evidence of indebtedness or bonds shall be used to retire
any floating or matured bonded indebtedness, for the
enlargement and improvement of the public buildings,
water works, sewerage system and for other lawful pur-
poses of such city; provided, that the issues of said Provise.
bonds shall be duly authorized by ordinance.

bonds.

2. It shall be the duty of the city council to provide Payment by taxation in the annual tax levy of such city such sum as will be sufficient in every case to provide for the annual interest of the bonds so issued and a sinking fund for the redemption thereof, which shall be not less than two per centum of the amount so issued.

3. All acts, either general or special, inconsistent here- Repealer. with or limiting the amount of money to be raised by loan in any one year in any city of the fourth class of this state, be and the same are hereby repealed, and this act shall take effect immediately.

Approved April 9, 1902.

CHAPTER 216.

An Act for the protection of marsh hens, to regulate their capture or killing, and provide open and close seasons for such capture or killing.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

669-1

R03-536

marsh hens,

1. It shall be unlawful to capture, kill, injure or Season for have in possession, any marsh hens (sometimes called mud hens), excepting only during the months of September, October, November and December in each year, under a penalty of twenty dollars for each marsh hen so captured, killed, injured or had in possession. 2. It shall be unlawful for any person to capture or Daily number kill in any one day during the months of September, taken. October, November and December, a greater number than thirty marsh hens, under a penalty of twenty dollars for each and every marsh hen so captured or killed in excess of thirty.

that may be

Enforcement of act and penalties.

Repealer.

3. This act shall be enforced and the penalties for violation thereof shall be recovered in accordance with the provisions of an act entitled "An act to provide a uniform procedure for the enforcement of all laws relating to fish and game, and for the recovery of penalties for violations thereof," approved March twenty-ninth, one thousand eight hundred and ninety-seven, and the several acts supplementary thereto and amendatory thereof.

4. All acts or parts of acts inconsistent with this act are hereby repealed.

5. This act shall take effect immediately.
Approved April 9, 1902.

Section amended.

State comp troller to notify prosecutor of failure to pay.

Prosecution.

Expenses met.

CHAPTER 217.

An Act to amend an act entitled "An act to tax intestates' estates, gifts, legacies, devises and collateral inheritance in certain cases," approved May fifteenth, one thousand eight hundred and ninety-four.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section seventeen of the said act be and the same is hereby amended to read as follows:

17. Whenever the state comptroller shall have reason to believe that any tax is due and unpaid under this act, after the refusal and neglect of the persons interested in the property liable to said tax to pay the same, he shall notify the prosecutor of the pleas of the proper county, in writing, of such failure to pay such tax, or is hereby authorized to designate and retain counsel to represent him, and the prosecutor of the pleas or such counsel, when so notified of such failure to pay such tax, if he have probable cause to believe a tax is due and unpaid, shall prosecute the proceeding before the ordinary of the orphans' court in the proper county, as provided in section sixteen of this act, for the enforcement and collection of such tax; and the said state

comptroller is authorized to direct the state treasurer to pay all expenses thereby incurred, out of the funds. which may be in his hands on account of the said tax; all costs awarded by such decree to such prosecutor or counsel that may be collected after the collection and payment of the tax to the state treasurer, may be retained by the prosecutor of the pleas or such counsel for his

own use.

2. This act shall take effect immediately. Approved April 9, 1902.

CHAPTER 218.

An Act authorizing the creation of garbage collection districts in townships, providing for the collection of garbage therein and providing a method of raising the cost of such work.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

garbage coltricts in town

ships.

1. The township committee of any township in this Creation of state may, at any time set off and create within the limits fection disof said township one or more districts to be designated by numbers, and may from time to time alter the same, and shall, by ordinance duly adopted as other ordinances are adopted in townships, define and declare the limits, boundaries and numbers of said districts, and the same being so defined and declared shall be deemed and taken as garbage collection districts.

2. The township committee may provide, by contract How collected. or otherwise, for the collection and removal of garbage within any such district; provided, that no contract Proviso. therefor shall be made for a longer period than five years.

cost of col

3. The township committee shall have power, by reso- Payment of lution, to order and cause to be raised, within the limits lecting of any such district, sufficient money to provide for the payment of the cost of removing the garbage from such district; the township clerk shall serve on the township assessor a copy of such resolution and there

Assessment a lien.

upon it shall become the duty of the township assessor to assess or levy upon all the ratables and taxable property within such district, and of the township collector to collect, the sum so ordered to be raised, in the same manner and at the same time that township taxes are assessed and collected, and to pay the same to the township treasurer, and the money so raised shall be applied only to the purposes for which it is raised.

4. Money assessed and levied under the provisions of this act shall be a lien upon the land against which it is assessed in the same manner that taxes are made a lien against land in townships, and the payment thereof shall be enforced within the same time and in the same manner and by the same proceedings as the payment of taxes is enforced in townships.

5. This act shall take effect immediately.
Approved April 9, 1902.

Limit of payments for salaries, etc.

CHAPTER 219.

An Act to regulate the salaries, commissions, fees and other compensation paid by loan, homestead and building associations..

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. It shall be unlawful for any loan, homestead and building association organized under the laws of this state, or doing business therein, to pay in the course of any fiscal year of such association as salaries, commissions, fees and other compensation to its officers, managers, directors, auditors, clerks, agents, solicitors and other employes, other than for entrance or membership fees, sums of money the aggregate of which shall exceed four per centum of the total money received by such association in the same fiscal year as dues, premium, interest and periodical payments on installment shares, or where the constitution and by-laws of any building and loan association incorporated under the laws of this

state provides in its constitution and by-laws that the
expenses of such association shall be borne by its interest-
bearing assets, then and in that case the expenses of
said association shall not exceed one per centum of the
interest-bearing assets of such association, and it shall
be unlawful for any such association, in the course of
any fiscal year of said association, to pay as salaries,
commissions, fees and other compensations to its officers,
managers, directors, auditors, clerks and other employes
other than for entrance or membership fees and fines.
sums of money, the aggregate of which shall not exceed
one per centum of the interest-bearing assets of said
association; provided, that nothing in this act contained Proviso.
shall operate to impair or affect any contract for the
payment of salary, commissions, fees and other com-
pensation actually entered into by any such association
before the passage of this act.

stead and

ciation de

2. The term "loan, homestead and building associa- "Loan, hometion," as used in this act, shall apply to and include all building assocorporations, companies, societies or associations formed fined. or organized for the purpose of enabling their members to acquire real estate, make improvements thereon, and remove encumbrances therefrom by the payment of money in periodical installments or principal sums, for the accumulation of a fund to be returned to members who do not obtain advances for such purposes, when the funds of the corporation, company, society, or association amount to a certain sum per share, or otherwise doing business in the manner of what are commonly known as building and loan associations.

ply with this

act to vold

charter.

3. In case of the failure of any such loan, homestead Failure to comand building association to comply with the provisions of this act, its charter shall be null and void if such association be incorporated under the laws of this state, or it shall be deprived of the right and power to do business within this state if such association be a foreign corporation; and it shall become the duty of the commissioner of banking and insurance to report such offending association to the attorney-general, who shall forthwith institute such legal proceedings by a writ of quo warranto or otherwise, as may be necessary, to have

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