The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1907-04-16
A MUCH NEEDED LAW.
Police Now Have Authority TO Make
Arrests on Sight.

Police Now Have Authority TO Make
Arrests ON sight.
Through the efforts Of Alderman
Day and others the following bill has
passed both houses Of the Legislature
and will DOUBTLESS be signed by the
Governor
Be it enacted by the Senate and
General Assembly of the State of New
Jersey.
Section az. The recorder, police jus
ticeS or other officers having criminal
jurisdiction and who have been or are
hereafter appointed by the governing
body OF any incorporated town, incor-
porated under any general or special
act OF The legislature, are hereby en-
powered upon OATH affirmation or af-
tidavit, made according to law, that
any person or persons has violated any
ordinance Of the town, to issue pro-
cess in the nature Of a summons or
warrant, in his discretion, at the suit
OF the said town against any person or
persons so charged whether the per-
son SO charged be freeholder in said
town or OtherWise) which process
shall, when in the nature of a war
rant, be returnable forthwith, and
when in the nature of a summons, in
not less than three nor more than five
Gays; SUCH process shall state what
ordinance is alleged to have been VIC
lated by the defendent, and on the re-
turn OF such process, or at any time to
which the trial may be adjourned, the
recorder, police justice or other officer
having criminal Jurisdiction as afore-
said, shall proceed to hear testimony
and to determine and give Judgment
IN the matter, without the filing of
any pleading; a copy of the ordinance
alleged to have been violated, certified
under the hand of the clerk of such
town, shall be taken as full and legal
proof OF the existence OF such Ordi-
nance, and that all the requirements
OF law in relation to the ordering,
publishing and making of the same
nave been complied with, unless the
contrary be shown, if the said recor-
der, police Justice or other officer hay
ing criminal jurisdiction as aforesaid,
snail hnd the defendant guilty, he
shall give judgment for the penalty,
and for such costs as are allowed in
the Justices court for the like pro-
ceeding ; and he shall also at the same
time, and as part of such Judgment
sentence the defendent, in default OF
the payment of such Judgment and
costs, to the town lookup or county
jail, for such period as may be auth
orlzed by such ordinance; and if no
time be fixed in such ordinance, then
for any period not exceeding thirty
days in his discretion, provided in all
crsseS where the fine or penalty shall
exceed ten dollars, or where the pun
iShment shall be imprisonment, there
may be trial by jury, to be conducted
as in cases now triable in the court
for the trial of small cases.
Section ~. That every COMPLETION
for violating town ordinance had be-
fore the recorder, police justice or
other officer having criminal jurisdic-
ton as aforesaid, either with or with
out a jury trial, may be reviewed by
appeal to the court of common pleas
Of the county in the same manner and |
upon the same terms as appeals are or
may be taken from courts for the trial
Of small causes, and in case the judy |
ment appealed from shall be impriSon-
ment the said recorder, police Justice
Of other Otfleer having criminal iris |
liction as aforesaid, or any judge of |
the court OF common pleas may admit |
10 bail the party appealing during the
tendency of his appeal; but no judg
ment for the violation of any Ordi- |
nance shall be reversed for any imper-
lection, commission, defect on or lack |
Of form, nor for any error except such
rs shall or may have prejudiced the
defendant in maintaining his defense
upon the merits.
Section (3). That every member of
the Council or Board of Aldermen
during his term of office, and any
policeman of said town. shall have the
power on witnessing any violation of
a town ordinance to arrest and take
into custody, without warrant, the
or offenders, whether the Of
fender be freebooter in said town or
not, and take the offender or offenders
before the recorder, police justice or
other officer having criminal jurisdic-
tion as aforesaid, of the town, for
hearing.
Section (3). This act shall take eff
feet Immediately.