The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-01-24

DUH2ZHMEZ2kA
offered by Mr.. Flynn. The intake pro-
posed on the Rockaway River is on a
tributary of the Passaic River. feeding II
above the great falls at Paterson. The
Rockaway River being one OF the tribu-
taries of the Passaic River is one OF the
streams protected by Chapter 30 OF the
laws of 1897. The remedies given by that
act are most effective and there should
be a general knowledge of its scope and
provisions. 1t is entitled AN act to pre-
vent the willful pollution of the waters
OF the Passaic River and of the tribus
taries thereof, above the great falls Of
the Passaic River at Paterson and reads
as follows:-
1. No person or persons, natural or arti-
fetal. shall throw, cause or permit to be
thrown into the waters of the Passaic
River, or of any of the tributaries there
of. above the great falls of the Passalc
River at Paterson, any carcass OF any
dead animal or any offal or offensive
matter. or any matter or thing detri-
mental to health; no persons or persons,
natural or artificial. shall discharge or
cause to be discharged into the waters
aforesaid any sewage from any privy,
water closet, house, shop, drain or place
whatsoever; no person or persons, natural
or artificial, shall deposit or cause or per-
NIT to be deposited any carcass OF any
dead animal. offal or offensive matter, SO
that the washing or waste therefrom snail
or may be conveyed to and into the waters
aforesaid.
2. No person or persons, natural or
artificial. shall maintain or erect or cause
or permit to be maintaiped or erected, any
privy, water closet, slaughter house or
other structure, the drainage from which
might or would tend to pollute the waters
or any part of the waters aforesaid, with
in such a distance from the banks or the
said Passaic River, or of any OF the trlpu-
| taries thereof. above the great falls of the
Passaic River at Paterson, as would make
the drainage from any such priyy, water
closet. slaughter-house, or other structure
be liable to drain into the waters afofe-
| said. or any part thereof, by surface
| drainage, percolation or otherwise.
8. Any person or persons, natural or ar
tificial, violating any or the provisions
of this act, shall forfeit and pay a penalty
of twenty dollars for each violation. 10
be recovered in the manner hereinafter
provided; the maintenance OF anything
| hereinbefore prohibited to be maintained
| shall be and is hereby constituted asepar-
ate violation for each day of maintenance.
4. Every Justice of the Peace in any
country in which the provisions OF this ae1
oath or affirmation being made accordlng
to law, that any person or persons, natural
or artificial, has or have violated any OF
the provisions of this act, to issue pro-
| cess at the suit of any local board of
| health which has jurisdiction within any
| county, city, township, town or borough
on the banks of or bordering on the Fas-
| sale river or any of its tributaries, and r.
/ respective of the locality of such viola.
| ton, as plaintiff. either in the nature OF
a or warrant. against the per
son or persons SO charged, shall be re-
turnable forthwith, and when in the ma
ture of a shall be returnable IN
not less than one nor more than ten entire
days; such process shall state What pro-
| vision of the law is alleged to have been
| violated by the defendant or defendants;
| and on the return of such process. or at
been adjourned, the said justice of the
/ peace shall proceed to hear testimony and
to determine and give Judgment in the
matter, without the filing of any pleadings
for the plaintiff, for the Gov of the
| penalty hereinbefore provided, with costs.
or for the defendant; and the said justice
Of the peace, shall # judgment be rem
ecution against the goods, chattels and
person of the defendant or the defend
ants; and the said justice of the peace is
PENDANT or defendants who may refuse or
neglect to pay the o of the judg-
ment rendered, and all the costs and
charges incident thereto, to be committed
/ TO The county iail for a period not exceed
ing thirty days.
5. The justice of the peace may adjourn
the hearing or trial in any case from time
to time, and may bail the defendant or
defendants in any such sum as he shall
deem proper for appearance at such time
and place as said trial or hearing shall
| be adjourned.
6. The officers to serve and execute any
process issued by any justice of the peace
under this act shall be the officers au-
thorized by law to serve and execute the
process of a justice of the peace.
Z. Any of the local boards of health
h~ereinbefore referred to may file a bill in
the Court of Chancery, in the name of the
| State, on the relation of such local board
of health. for an injunction to prohibit
| the maintenance of anything, the MAIN
tenance of which is h~ereinbefore prohib-
tied, and such action shall proceed in. the
Court of Chancery according to the rules
and practice of the court.
8. In all cases in which 1t shall be as
certained by the Court of Chancery in
such suit that anything is maintained con-
trary to the provisions Of this act, that
court shall have power to abate the same
and prevent its further maintenance by
injunction or otherwise, according to the
practice of the court, and may charge
the costs of such suit upon the defendant
thereof according to its rules and prac-
tice.
9. All acts and parts of acts which in
anywise conflict with the provisions of
this act be and the same are hereby re-
pealed, and this act shall take effect i'm
mediately.
Approved March "a, 1897.
saying that the proposed contract and the
law give the city all necessary guards
against pollution of the contemplated
water supply,
Respectfully.
ALLAN L. McDERMOTT,
Corporation Counsel
Mayor Hoos declined to discuss Mr.. Nc
Dermott's communication because he has
not had time to read it carefully.
The impression prevails that the Mayor