Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-05-17
CHAPTER cxxxvIL
An Act constituting police courts in certain cities
OF this state.


An Act constituting police courts in certain cities
of this state.
!. Be enacted by the Senate and General As
sembly of the State of New Jersey, That it shall
be lawful for the common council OF any lncor-
porated city of this state of the third class to ap-
point in the same manner as other appointed off
of such cities are appointed, one or more po-
lice justices for such city. not exceeding in number
one for each three thousand inhabitants Of such
city or fraction thereof provided, however, that
every incorporated city shall be entitled to at least
one such police justice.
O. And be it enacted, That every such police JUS
tice shall hold office for such term not exceeding
five years, as the common council may, by ordi-
nance, passed before his appointment, prescribe;
provided that the tenure of Office of all police JUS
tees in the same city shall be uniform, and shall
not be changed during the term for which they shall
be appointed; provided, further, that every such
police justice shall be removable at any time by the
common council, on good cause shown
8. And be it enacted, That every such police
Justice SHALL before he enters upon the duties OF
his office, take and subscribe oath affirmation,
before an officer authorized by law to administer
oaths, faithfully, fairly and impartiay to execute
the duties of his office to the pest Of his abilities
and understanding: and shall enter into bond to
the city, by its corporate name with such freehold
security and in such penalty not less than five hun
dred nor more than two thousand dollars, as the
common council shall approve, conditioned for
duly accounting to the proper authorities for all
moneys that may come into his hands as such po-
lice justice. and for the payment Of such moneys
on demand to the person or persons entitled to re-
ceive the same.
4. And be it enacted, That the police justices
appointed aforesaid, shall have the following
and no other powers, authority and jurisdiction,
to wit:
|. They shall be entitled to use and exercise the
like power, authority and jurisdiction in all crlm-
nal matters and complaints arising in the cities for
which they are appointed respectively, as the JUS
tces of the peace in and for the several counties OF
this state are, or may be, by law, entitled to use
and exercise;
IL ANY two such police justices in the same city
shall be authorized and empowered to hear. try and
r.nrfa arrpr oivafu r.f
criminal nature, arising in the city for which they
are appointed, any two justices Of the peace are
or may be, by law authorized and empowered to
hear, try and determine, and shall be authorized to
enforce their Judgment and sentence in like manner
any two justices of the peace are, or may be, by
law authorized SO to do;
III. Every such police justice shall be authorized
and empowered to hold court within the city for
which he shall be appointed, TO hear, try and de-
termine, according to law, all suits and actions
which may be brought for the recovery OF any pen
atty penalties prescribed for the violation of any
bylaw or bylaws, ordinance or ordinances of such
city, and also 10 hear, try and determine according
TO law, all offenses charged before him by COM
plant, in writing, oath or affirmation, to have
been committed in violation of any such bylaw or
bylaws, ordinance or ordinances, for which the
punishment Is by hne OF imprisonment; every sucn
court shall be court Of record, and vested for the
purposes aforesaid with all such power as is usual
in courts of record Of this state.
{. And be il enacted, That, except when other
wise directed by this act, all proceedings before
any police justice police justices under the pro-
visions Of the first and second paragraphs OF sec
tion four of this act, SHALL nearly may be, be
regulated by the provisions of and conducted in
the manner prescribed in and by the several acts Of
the legislature Of this state in and by which the
like proceedings before justices of the peace
shall be regulated said acts and the supplements
thereto shall from time to time be in force; and,
except when otherwise directed by this act, all
suits, actions and proceedings before any police
Justice under the provisions OF the third paragraph
of section four of this act, shall, nearly may
be, be regulated by the provisions Of and conducted
in the manner prescribed in and by an act Of the
legislature of this state entitled An act constitut
ing courts for the trial of small causes and the
several supplements thereto as the same are and
from time TO time shall be III force.
6. And be it enacted, That in suits Of civil nat
ure brought before any such police justice to re
cover any penalty or penalties, the first process to
compel appearance shall be a summons, except
when an affidavit is filed before such justice at the
time the suit is instituted, made by credible free
holder resident in the city, or policeman OF said
CITY, setting forth that the defendant in the suit Is
not resident Of the city, that he is not free
holder in the county in which the city is situate,
and also setting forth facts sufficient to show that
said defendant has committed some act or acts in
violation Of some one or more bylaws or ordinan-
ces of the city which render him liable to q civil
action for penalty or penalties, in which case the
process may be q warrant in the nature OF capas
\ ad respondendum.
! I. And be it enacted, That all such suits as are
mentioned in the last preceding section shall be
brought in the corporate name of the city PLAIN
tiff, unless otherwise provided by law.
g. And be it enacted, That in any such suit the
plantifs declaration shall be filed before the JUS
tice on or before the return day of the summons
the return of the warrant or at the time of the
appearance mentioned in the recognizance, and in
\ default thereof the plaintiff shall be non-suited,
with costs; and in any such suit it shall be lawful
to declare generally in debt for the penalty pen
alties and give the special matter in evidence but
| the declaration shall contain statement of the
| title and date of adoption of each bylaw or ordi-
nance upon which the action is founded.
.. And be it enacted. That in case judgment in
any such suit as aforesaid shall be rendered against
| any one or more defendants therein, said justice
shall grant execution thereon against the goods
and body Of such defendant or defendants accord
ing 10 law.
10 And be it enacted, That the police justice shall
not have Jurisdiction over any offense against any
\ bylaw or ordinance for which the punishment is
4 by fine or imprisonment, until complaint, in
writing. under oath or affirmation, shall have been
filed before him, setting forth facts sufficient to
satisfy such police Justice that snch an offense has
been committed by the defendant or defendants,
and specifying the title and date of adoption of
each bylaw OF ordinance alleged TO have been vio-
lated; and upon the fling OF such complaint, said
police Justice shall issue summons, unless the
affidavit of credible freehoder, resident In the
city, or apollceman of said city, shall also be filed
before him. setting forth that the defendant is not
resident Of the city or that he is not freeholdei
in the county in which the city is situate, in which
case said justice shall issue warrant against said
defendant; such summons shall be returnabie not
less than two more than ten days from the ssu-
lngthereof and shall command the officer, TO whom
the same is directed, 10 summon the defendant tc
answer the complaint of manning the person BY
whom complaint has been made as aforesaid), and
in other respects shall conform nearly as may be
10 wriis Of summons issued ont OF the courts fol
the trial OF small causes. and shall be served and
returned In the same manner; such warrant shall
be returnabe forthwith and shall specify the per-