or make a payment required 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 consequence necessarily resulting from a determination by said court of the question of the constitutionality or unconstitutionality of any statute of this state, that being the main question brought before the court for adjudication and the principal ground of the litigation between the parties, it shall be lawful for the relator or relators, at any time within one year next after the date of entry of the rule of said court denying said writ, or discharging said rule to show cause, to sue out and prosecute a writ of error to remove the proceed ings into the court of errors and appeals, which court shall thereupon review the said proceedings and the action of the supreme court thereon, and make determination in reference thereto.

2. And be it enacted, That the second section of the said Section to be supplementary act be and the same is hereby amended so as

to read as follows:

amended

to be made re

with, &c.

2. And be it enacted, That the said writ of error shall be Writ of error made returnable forthwith, and upon return thereof said court turnable forth. of errors and appeals 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 determine the cause during the term to or in which said writ of error is returnbale, 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.

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

Approved March 3, 1881.

CHAPTER LXXII.

Upon petition

of workmen or

Wages due

them are unpaid, chancellor or judge

matter to a master, &c.

A supplement to the act entitled "An act to secure operatives in manufactories, and other employees, their wages," approved March thirteenth, one thousand eight hundred and fifty-six.

1. BE IT ENACTED by the Senate and General Assembly of employees that the State of New Jersey, That whenever in any suits at law or in equity pending in any of the courts of this state, it shall become necessary or advisable for such court to appoint a remay refer the ceiver to take the charge and possession of the goods, chattels and personal property of any manufacturer, distiller, brewer, or producer of any manufactured articles in whatsoever stage the same may then be, and then being due and unpaid to the mechanics, workmen and laborers employed by such manufacturer, and other persons sole or corporate, producing such manufactured articles, wages for the labor and services by such mechanics and workmen bestowed upon the goods, chattels and personal property thus then taken by such receiver, it shall be the duty of the chancellor or of the judge appointing such receiver, on being petitioned by such workmen and employees for the payment of such unpaid wages due to them, setting forth the nature and kind of services performed, and of the amount due to such petitioners, to make an order directing a reference to a master in chancery to ascertain and report upon the correctness of the allegations in such petition contained, and of the amount of wages then due and unpaid May direct re- to such petitioner and petitioners, and thereupon further direct sale of personal such receiver forthwith to make sale of so much of such pay employees personal property as may be necessary to pay such wages to or workmen. such employees and workmen in preference to any other creditor, and without delay.

ceiver to make

property to

act to extend to

2. And be it enacted, That the provision of this act shall Provisions of extend to all cases, if any, at the passage of this act, pending all cases pendin any court of this state, when distribution of the assets thus taken and held by any such receiver has not been made.

3. And be it enacted, That this act take effect immediately. Approved March 3, 1881.

ing.

CHAPTER LXXIII.

A Supplement to an act entitled "An act relating to sales of land, under a public statute, or by virtue of any judicial proceeding, approved March twenty-seventh, one thousand eight hundred and seventy-four.

ers refusing to

conditions of

aside confirma

a resale.

1. BE IT ENACTED by the Senate and General Assembly of When purchasthe State of New Jersey, That when any purchaser of real estate comply with at any commissioner's, executor's, administrator's or guardian's sale, court ausale shall, after such sale has been made, and the conditions thorized to set thereof subscribed and agreed to, and the same has been con- tion and order firmed by the court, or after such sale has been confirmed, and before the deed for such sale of real estate has been delivered to the purchaser, refuse or neglect to comply with any of the conditions of such sale, including the receiving of the deed, and the payment of all the consideration money, it shall be lawful for any such commissioners, executors, administrators. or guardians, to apply to the court making the order of sale, or making the order of confirmation of sale, as the case may be, by petition, and the said court is hereby authorized to set aside such confirmation of sale or sales, and further order such commissioners, executors, administrators or guardians, as the case may be, to make resale of the said real estate; provided, Proviso. nevertheless, that such order or orders of resale shall not in any way relieve the first purchaser from liability to make good and pay any deficiency or reduction of price, and interest, cost and expenses incurred in or resulting from making a resale of such real estate under this act.

2. And be it enacted, That this act shall take effect imme

diately.

Approved March 3, 1881.

CHAPTER LXXIV.

Supplies for

state prison to

by contract.

An act regulating the purchase of supplies for the New Jersey

state prison.

1. BE IT ENACTED by the Senate and General Assembly of be purchased the State of New Jersey, That all supplies of subsistence, clothing, laundry, bedding, fuel and illuminating material required for use in the state prison shall be purchased by contract as hereinafter regulated and provided.

Supervisor to establish stand

of articles

needed, &c.

2. And be it enacted, That it shall be the duty of the superard of qualities visor under the direction of the board of inspectors to establish standards of qualities of the different articles needed for the subsistence, clothing and proper care of the prisoners, and that a full description of the same, together with samples, so far as practicable, of the grades required, shall be kept by the supervisor and be accessible at all times during business hours to examination by citizens.

Supervisor to semi-annually proposals for

plies.

3. And be it enacted, That the supervisor shall semiadvertise for annually advertise in two daily newspapers published in the furnishing sup- county wherein the prison is located, for ten days, inviting proposals for furnishing all articles of supplies embraced under the different headings in section one of this act, and which articles shall conform to the standard adopted by the board aforesaid, and to be seen at the office of the supervisor; said proposal to be for furnishing the estimated requirements of each article for the term of six months, the delivery of said articles to be made from time to time on the order of the supervisor during the existence of the contract; said advertisement shall state as nearly as practicable the weight, measure, quantity or number needed of each article named, which estimate shall be based on the actual consumption of the corresponding term of six months next preceding.

pro

4. And be it enacted, That separate proposals and separate Separate concontracts shall be made for the following divisions:

tracts shall be

made.

First. For sugar, molasses, syrup, coffee, tea, rice, hominy, For sugar, &c.

beans, salt fish and soap;

Second. Potatoes, turnips, carrots, or other vegetables not For vegetables. enumerated in other divisions;

For coal and wood.

Eighth. Clothing and other supplies, not here enumerated For clothing, shall be included under their appropriate heads.

&c.

be opened, and

awarded to

&c.

5. And be it enacted, That the several bids made under the Bids, when to provisions of this act shall be opened at twelve o'clock, noon, contracts on the day next succeeding the day on which the ten days' lowest bidder. notice shall expire, in the presence of the supervisor, inspectors and parties in interest, and the contracts shall be awarded to the lowest average responsible bidder for the articles named in each division, which average price shall be determined by computing the total cost of the articles named in each division, on the basis of the price named for each article, and the quantity of each named in the advertisement.

spectors and

6. And be it enacted, That the board of inspectors and Board of insupervisor shall in each case determine the amount of bonds supervisor to which contractors shall be required to give for the faithful determine performance of their contracts.

amount of bond of contractor

when to take

7. And be it enacted, That contracts made under this act Contracts, shall date and have effect ten days from the date of the award, effect. and that all acts and parts of acts, inconsistent herewith, be and the same are hereby repealed, and that this act shall take effect immediately.

Approved March 3, 1881.