CHAPTER LXXVIII.

A Further Supplement to an act entitled "An act incorporating the inhabitants of townships, designating their powers, and regulating their meetings," approved April fourteenth, anno domini one thousand eight hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of Elretion of the State of New Jersey, That from and after the passage poor. of this act, there shall be elected but one overseer of the poor in and for each township in this state, at the annual town meetings for the election of township officers.

2. And be it enacted, That all acts or parts of acts, in- Repealer. consistent with this act, be and are hereby repealed, and that this act shall take effect immediately. Approved March 12, 1879.

CHAPTER LXXX.

An Act to increase the jurisdiction of justices of the

peace.

diction in cases

ceeding two

1. BE IT ENACTED by the Senate and General Assembly of May have juristhe State of New Jersey, That every suit of a civil nature of sums not exat law where the debt, balance or other matter in dispute andred dollars. does not exceed, exclusive of costs, the sum or value of two hundred dollars, shall be and hereby is made cognizable in any court for the trial of small causes of this state where the same may be heard and determined according to law; provided always, that this act Proviso.

Proviso.

Proviso.

Repealer.

Fees, &c.

Proviso.

shall not extend to any action of replevin, slander, trespass for assault and battery or imprisonment, nor to any action wherein the title to any lands, tenements, hereditaments or other real estate shall or may in anywise come in question, nor to any cause of action over which any district court of this state now has or hereafter may have exclusive jurisdiction; and provided further, that it shall be at the option of the plaintiff in any suit at law to bring his action in the circuit court; and provided further, that no justice of the peace in any city where a district court now exists, shall exercise jurisdiction over any cause cognizable in such district court

2. And be it enacted, That all acts and parts of acts, inconsistent with the provisions of this act, be and the same are hereby repealed, except such acts or parts of acts as give to certain district courts jurisdiction over suits mentioned in the first section of this act, in the cities wherein such district courts now exist or may hereby be established.

3. And be it enacted, That it shall not be lawful for any justice of the peace to issue any summons, writ of attachment or other process for or on behalf of any person for whom he is agent or attorney in fact, nor to take any fee or reward for any such service, or for receiving and paying over any moneys paid to him by any defendant in any suit instituted in his court, or for writing out or preparing, or assisting in preparing or writing out any state of demand, bill of particulars, set-off or counterclaim or affidavit, plea of title, or other paper necessary or proper to be made use of in the progress of any suit or proceeding in his court; provided, that any justice may charge and receive not more than twenty-five cents for writing out or preparing any state of demand on a book account, or drawing up an affidavit; any justice of the peace violating the provisions of this section, shall be liable to a penalty of twenty-five dollars, to be sued for and recovered in any court of competent jurisdiction by any person who may sue for the same.

4. And be it enacted, That this act shall take effect immediately.

Approved March 12, 1879.

CHAPTER LXXXI.

A Supplement to an act entitled "An act concerning the registry and returns of marriages, births and deaths," approved April fifth, one thousand eight hundred and seventy-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That sections two, three, four, seven, ten, twelve and fifteen of the act to which this is a supplement, which read as follows:

amended re

"2. And be it enacted, That it shall be the duty of the Section to be physician, midwife, or other person present at the birth cited. of every child born, and in case there be no physician or midwife present, it shall then be the duty of the parent, to report in writing to the proper officer, within thirty days thereafter, the following particulars as far as known: the day of the month and year, the precise place of residence, the names of both parents and the maiden name of the mother, the birthplace, residence and occupation of the parents, the sex and color of the child, and its name, if it be named, also the name of the attending physician; any person herein required to make report of any birth and failing to do so, shall be liable to a penalty of five dollars for each offence; provided, that a report made by any one of the persons present shall relieve the others from the obligation of making such report," be amended so it shall read as follows:

amended.

2. And be it enacted, That it shall be the duty of the Section as physician, midwife or other person present at the birth of every child born, and in case there be no physician or Duty of physimidwife present it shall be the duty of the parent, to ciau, &c. report in writing to the proper officer, within thirty days. thereafter, the following particulars as far as known: the day of the month and year of the birth, the precise place of residence, the names of both parents, and the maiden

Proviso.

Section to be amended recited.

Section as

amended,

undertaker.

name of the mother, the birthplace, residence and occupation of the parents, the sex and color of the child, and its name, if it be named, also the name of the attending physician, under a penalty of thirty dollars; and it is also provided, that any assessor of a township at the time of his annual assessment, in case he finds any return of birth not made as herein provided, may fill out the certificate of the same on the usual blank signed by himself as assessor and marked "special return," and said return shall be valid as record of the birth, but shall not excuse the attendant for neglect of return.

"3. And be it enacted, That no sexton, undertaker or other person shall hereafter bury within this state, or bring into or remove from this state the body of any deceased person, without having first received a permit from the proper authority of the county, city or township wherein such person may have died, or to which he may be brought from another state for burial, and if so doing, said sexton, undertaker or other person shall be liable to a penalty of fifty dollars," shall be amended to read as follows:

3. And be it enacted, That no sexton, undertaker or other as to sexton or person shall hereafter bury within this state, or bring into or remove from this state, the body of any deceased person, without having first received a permit from the proper authority of the county, city or township wherein such person may have died, and if so doing, said sexton, undertaker or other person shall be liable to a penalty of fifty dollars; provided, that in burying any deceased person who died in any township in this state outside of city limits, or county health board limits, the certificate of any regularly graduated physician of the township wherein the person died, shall be held by the sexton or undertaker as the only necessary burial permit, to be disposed of by him as hereinafter provided."

Proviso.

Section to be

4. And be it enacted, That in case of any person dying amended recited within this state, it shall be the duty of the physician who may have attended him during his last illness, or in case there has been no physician in attendance, of the coroner or county physician, after view or examination had, to furnish, on the application of the undertaker, or any member of the family, a certificate of death of said

person, which certificate shall show the name, age, sex, color, nativity, occupation, last place of residence, precise place of death, and the cause of death of said decedent, according to the best of his knowledge; and if any physician or coroner refuses or neglects to make such certificate, he shall be liable to a penalty of ten dollars; this certificate shall then be delivered to, and filed with the proper officer, as hereinafter designated; and said officer shall thereupon issue a permit for burial to the person filing such certificate," be amended so that it shall read as follows:

amended.

tificates of

4. And be it enacted, That in case of any person dying Section as within this state, it shall be the duty of the physician who may have attended him during his last illness, to furnish the undertaker, or any member of the family applying therefor, a certificate of the death of said person, Relative to cerwhich certificate shall show the name, age, sex, color, death. nativity, occupation, last place of residence, place of death and the cause of death, according to the best of his knowledge, and said certificate shall constitute all the necessary burial permit in any township of the state, outside of city or incorporated or county health board limits, and the undertaker shall, within five days after said burial, send the same, by mail or otherwise, to the assessor of the township in which the deceased died, under a penalty of fifty dollars, as herein provided; and furthermore it is provided, that any undertaker residing in Proviso. an incorporated city or town may present the certificate of death, in case of any burial which he is superintending, to the city clerk or other proper officer of said city, and receive the usual permit as issued by it, on condition that said clerk shall at once transmit said certificate to the assessor of the township in which the person died, and in case there has been no physician in attendance, some member of the family, if there be any present, if not any one present, shall notify a physician of the death at once, and the physician shall proceed to view the dead body and ascertain all the facts necessary, and, if satisfied of the cause of death, grant the township certificate for burial, and, if not satisfied, shall send at once for the county coroner, or county physician, or justice of the peace, who shall take charge of the body and investigate