Proceedings in certiorari when founded on defeat in assess ment, &c. CHAPTER IX. A supplement to an act entitled "An act relative to the writ of certiorari." 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in all cases of writs of certiorari brought to remove any tax or assessment or other order or proons for re-ceeding, touching any local or public improvement, when reasversal are ons for reversal are filed, founded on any omission or defect omission or in the return of said assessment or proceeding which, in the returns of opinion of the court out of which said certiorari is issued, may be supplied by a new or supplemental certificate of the commissioners or other person making such return, it shall be lawful for the said court, on the application of either party to said writ of certiorari, or on their own motion at any time before said writ of certiorari shall be finally determined, to grant a rule upon the commissioners or other persons making such assessment, to certify to said court touching such omission or defect, and to stay the final determination of such cause for a reasonable time, until said rule shall be returned to said court; and if it shall appear by the return of said commissioners, or a majority of them to said rule, that their action or determination in respect of which said reason for reversal is filed was really had, made, or taken by said commissioners in making said assessment, and was accidently or inadvertently omitted from their said return or report of assessment, the return of said commissioners or other persons to said rule shall have the same force and effect as if the facts therein certified had been contained in the said original report or return; and said original report or return shall be considered as amended by said return to said rule. Action respecting costs of writ of certiorari. 2. And be it enacted, That in all such cases it shall be lawful for the court to take such action respecting the costs of said writ of certiorari as it shall deem equitable and just, whether the proceeding reviewed by said certiorari shall be affirmed or set aside. 3. And be it enacted, That this act shall take effect im An act to authorize persons to change their names. Proceed ings Circuit thorize per their 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That any person, residing in any county gs on apof this state, may apply to the circuit court of such county plication to for an order to authorize such applicant to assume another Court to auname; if said applicant be a minor, he shall apply by guar-sons to dian or next friend; such application shall be by petition, change which shall set forth the grounds of the application, and names. shall be verified by the affidavit of the applicant annexed thereto or endorsed thereon. And notice of such application shall be published at least once in each week for four weeks successively next preceding the time of such application, in some newspaper of said county. make order of name 2. And be it enacted, That if the court to which such ap- Consent to plication shall be made, shall be satisfied by such petition, for change so verified, or by affidavits presented, that there is no reason- when there able objection that such person should assume another name, is no reas such court shall make an order authorizing such applicant jection. to assume such other name, from and after some time, not less than thirty days, to be specified in such order. onable ob order to be per by ap 3. And be it enacted, That within ten days after granting Copy of such order, such applicant shall cause a copy thereof to be published published in a public newspaper printed in the county in newspa which he shall reside at the time of making such application; plicant. within twenty days from the granting of such order such applicant shall cause such petition, affidavit or affidavits, order, and an affidavit of the publication of such order to be filed and recorded in the county clerk's office of the county in which such applicant shall reside at the time of making such application, and within the same time such When requirements applicant shall cause a certified copy of such order to be filed with the secretary of state. 4. And be it enacted, That when the requirements of this of act are act shall be complied with, the applicant shall, from and with appli- after the day specified for that purpose in such order, be cant to be known by the name which by such order he shall be auto assume thorized to assume, and by no other. authorized name contained in the order. Suit or legal pro ceedings not to be 5. And be it enacted, That if any suit or legal proceeding shall be commenced by his former name, against any person whose name shall have been changed pursuant to this act, such suit or proceeding shall not be abated, nor any abated by relief or recovery sought thereby, be prevented by such misnomer. misnomer, but the plaintiff or party instituting such suit or proceeding may amend in respect to the name of the person against whom it shall be commenced, at any time and with reason of Act when to out costs. 6. And be it enacted, That this act shall take effect on the take effect. first day of April, eighteen hundred and seventy-six. Approved February 24, 1876. Section to be amended. CHAPTER XI. An Act to amend "An act to encourage the establishment of mutual loan, homestead and building associations," (revision), approved April ninth, eighteen hundred and seventy-five. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section eight of "An act to encourage the establishment of mutual loan, homestead and building associations," (revision), approved April ninth, eighteen hundred and seventy-five, which reads as follows: "8. Every company formed under this act shall adopt a constitution, which shall be signed by its members and filed as aforesaid, which shall embrace all the provisions of the foregoing sections, and such articles for their government and the management of their business as they shall deem pro per; provided, the same shall not be inconsistent with this act, or with the act concerning corporations aforesaid and shall not contravene the laws or constitution of this state or the United States;" be and the same is hereby amended so as to read as follows: ment. 8. Every company formed under this act shall adopt a con- Amendstitution which shall embrace all the provisions of the foregoing sections, and such articles for their government and the management of their business as they shall deem proper; provided, the same shall not be inconsistent with this Proviso. act or with the act concerning corporations aforesaid, and shall not contravene the laws or constitution of this state or the United States, and may alter and amend the same, from time to time, in the manner therein provided; the investments of every such association shall be made either in loans to, or in redemption of the shares of, or in purchasing lots and erecting dwellings for the members, or in all of said modes, or in such other ways as the constitution of the particular association shall provide; and no premium given for priority of loan or acquisition of a building, or discount given on the redemption of shares, shall be deemed to be usurious. 2. And be it enacted, That this act shall take effect immediately. Approved February 29, 1876. CHAPTER XII. An act for the support of the State Reform School for Boys. ation for workshops, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That for the support and maintenance Appropri of the State Reform School for Boys, and to enable the erection of trustees to erect and furnish a new family house for fifty &c. boys, and also to erect a workshop and supply it with suitable machinery, the sum of fifty-five thousand dollars is hereby appropriated, which the treasurer of the state is hereby Expendi certain pur directed to pay to the trustees on the warrant of the comptroller. 2. And be it enacted, That the trustees in the erection, tures for furnishing and completion of the new family house and workshop, and in purchasing machinery for said shop shall not exceed the sum of twenty thousand dollars, and this amount shall be used for that purpose and no other. poses not to exceed twenty thousand dollars. 3. And be it enacted, That this act shall go into effect immediately. Approved February 29, 1876. districts with less ty-five children, CHAPTER XIII. A supplement to the act entitled "An act to establish a system of public instruction." 1. BE IT ENACTED, by the Senate and General Assembly of the New School State of New Jersey, That no new school district shall hereshall not be after be formed which shall contain less than seventy-five formed children, between five and eighteen years of age, by the than seven-county superintendent of any county except the circumstances of the case be in his opinion extremely urgent, in between which case he shall certify to the state superintendent of eighteen public instruction, the facts of the particular case with his cept in cer- recommendation in the premises, and upon the state supertain cases. intendent endorsing his approval thereon in writing a new district may be formed, provided, that no such new district. shall contain less than twenty-five children between the ages aforesaid. five and years, ex Proviso. 2. And be it enacted, That this act shall take effect immediately. Approved March 7, 1876. |