Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-03-17
cHAPTER I,xxI.

An act to amend an act entitled "a further
supplement to an act entitled An act for the
better regulation Of proceedings upon writs
of mandamus passed December second, one
thousand seven hundred and ninety -four, \
which said supplement was approved March
twenty-ninth, one-th0usand eight hundred
and seventy-eight.
l. Be it enacted by the Senate and General
Assembly Of the State Of New Jersey, That the
first section of the act entitled further sup
plement to an act entitled An act for the bet
ter regulation of proceedings upon Writs of
manda1nus, passed December second, one
Thousand seven hundred and ninety-four, .
which said supplement was approved March
twenty-ninth, one thousand eight hundred and
seventy eight, be, and the same is hereby
amended so as to read as follows.
/. BE it enacted by the Senate and General
Assembly of the State of New Jersey, That
where an application has heretofore been made,
or shall hereafter be made, for a writ Of alter
native or peremptory mandamus, or where a
rule to show cause why such writ should not be
issued has heretofore been obtained or shall
hereafter be obtained, the said writ being de-
sired for the purpose OF compelling any officer
or officers of this state or of any county, town
ship or school district in this state, or the
mayor and common council, or the mayor and
board ofaldermen, or any officer or officers of
any city or other municipal corporation of this
state to perform duty or make payment re-
quired by law, and such writ has been or shall
be denied, or such rule has been or shall be
discharged, by the supreme court Of judicature
of this state, and such denial of said writ, or
such discharge of said rule is the legal conse-
qaence necessarily resulting from determine
ton by said court of the question of the con-
stitutionality or unconstitutionality of any
statute of this state, that being the main ques-
ton brought before the court for adjudication
and the principal ground Of the litigation be-
tween the parties, it shall be lawful
time within one year next after the
date of entry of the rule of said court deny
ing said writ or diseharging said rule, to show
to remove the proceedings into tile court of
errors and appeals, which court shall thereupon
review the said proceedings and the action Of
the supreme court thereon, and make deter
mination in reference thereto.
q And be it enacted, That the second section
of the said supplementary act be and the same
is hereby amended SO as to read as follows:
2 And be it enacted, That the said writ of
error shall be made returnable forthwith. and
upon return thereof said court Of errors and ap-
peals shall require an immediate and speedy
assignment of errors and joinder in error, and
upon such short notice as may by the court
last aforesaid be directed shall hear and deter
mine the cause during the term to or in which
said writ Of error is returnable if possible so to
do without necessitating the postponement of
other business of said term to a subsequent
term; and on reversal the supreme court shall
take action accordingly.
8. And be it enacted, That this act shall take
effect Immediately
Approved March g. 1881.