CHAPTER 6. An Act to amend and supplement an act entitled "An act to establish a State Highway Department and to define its powers and duties; and vesting therein all the powers and duties now devolved by law upon the Commissioner of Public Roads, and the existing State Highway Commission and Highway Commission," approved March thirteenth, one thousand nine hundred and seventeen. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: amended. 1. Section one of the act of which this act is amend- Section I atory and supplementary is hereby amended to read as follows: 1. A State Highway Department is hereby established and the same shall be governed by a board to be known as the State Highway Commission, which shall consist of four members, no more than two of whom shall belong to the same political party. They shall be residents of the State. State Highway Commission, how composed. Appointment. The members of the State Highway Commission shall be appointed by the Governor, by and with the advice and consent of the Senate, for the following terms, to take office on the date of the appointment: two for Terms. two years, and two for four years. Biannually thereafter, two members shall be appointed for a term of four years. The Governor shall have the power to Removal. remove any or all members of the commission for neglect of duty or misconduct in office, giving to him or them a copy of the charges against him or them and an opportunity of being publicly heard in person or by counsel in his or their own defense upon not less than ten days' notice. Vacancies shall be filled for the unex- Vacancies. pired terms, by the Governor, by and with the advice and consent of the Senate. Salary. Section 3 amended. Engineer. Term. Salary fixed. Bond. Assistant engineer. Salary. Term. Power of removal. Proviso. Proviso. Expiration of term of employees. Each member of the commission shall receive an annual compensation of seven thousand five hundred dollars ($7,500). It shall be paid in the same manner as other State salaries are now paid, and in addition thereto they shall be entitled to receive their necessary expenses. 2. Section three of the act of which this act is amendatory and supplementary is hereby amended and supplemented to read as follows: 3. The board shall elect a person who shall be known as the State Highway Engineer, who shall be a qualified and competent engineer, who has had actual experience in road and bridge construction and maintenance. He shall hold office for the term of four years, and shall devote his entire time and attention to the duties of his office. His salary shall be fixed by the board, and he shall also receive reimbursement for his necessary expenses, to be paid out of the treasury of the State. He shall furnish a bond to the State in the sum of ten thousand dollars, conditioned for the faithful performance of his duties. The board shall elect' an Assistant State Highway Engineer, whose qualifications shall be the same as those prescribed for the State Highway Engineer. His salary shall be fixed by the board, and he shall also receive He shall reimbursement for his necessary expenses. hold office for the term of four years. He shall furnish a bond to the State in the sum of five thousand dollars, conditioned for the faithful performance of his duties. The board shall have the power to remove the State Highway Engineer or the Assistant State Highway Engineer, for cause after hearing; provided, however, that the term of office and employment of the present Assistant State Highway Engineer shall terminate within ninety days after this act becomes a law, subject to his reappointment in the discretion of the State Highway Commission; provided, further, that the term of office and employment of the present State Highway Engineer is hereby terminated, and the office declared vacant. 3. All other officers and employees now in the employ of the State Highway Commission shall, at the expira tion of ninety days from the time this act becomes a law, cease to hold such offices or employments, notwithstanding any law of this State to the contrary, unless at or before that time they shall have been reappointed or re-employed by said commission; provided, however, Proviso. that on such reappointment or re-employment at or before such time or within thirty days thereafter, said person so reappointed or re-employed shall as to his status be construed to be retained in his appointment or employment, or if appointed to another office or position by said commission or any other board or commission or officer by transfer, employment or appointment, his status shall be as one continuing in the employment of the State with respect of all his rights and privileges under the civil service of this State or under any pension law or retirement system, or any other law, and shall retain all such rights and privileges as may be pertinent to his status in the service of the State; provided, further, Proviso. however, that if the State Highway Commission has heretofore entered into any contract of employment by the terms of which a longer service thereunder is required, then the time hereinabove limited for the continuation of employment in service of the State Highway Commission shall continue without violation of the obligation thereby entered into as to time or work until said contract has been executed and performed, but for no longer period of time, subject to the right of said. commission to, by reappointment or new contract, continue such employee in the service of said commission from said time, or without prejudice to the rights of such person so to contract for other employment in the State service by appointment, employment or transfer as one continuing in the Stat service. amended. 4. Section ten of the act of which this act is amenda- Section 10 tory and supplementary is hereby amended to read as follows: powers of 10. The work of the department shall be performed Rights and under the State Highway Commission, which shall have commission. all power necessary therefor, without recital in detail. All action shall be determined by the State Highway Commission by the vote of a majority thereof. The approval. Authority of signature of the chairman of the State Highway Commission, or in his absence or disability the signature of a person designated by the commission, to any order, regulation, contract, bill or other paper or document required to be signed on behalf of the State Highway Department, shall be sufficient evidence of the authority therefor and authenticity thereof. 5. This act shall take effect immediately. Section 2 amended. Ilection of CHAPTER 7. An Act to amend an act entitled "An act to amend an act entitled 'An act authorizing the division of townships into lighting districts, and the erection and maintenance of street lights therein, and the election of street lighting commissioners in said district,' approved May twenty-fifth, one thousand eight hundred and ninety-four," which said amendment was approved March twenty-eighth, one thousand nine hundred and four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section two of the act of which this act is amendatory be and the same is amended so as to read as follows: 2. On the third Saturday of February in each year commissioners. the legal voters of any such district so designated are hereby authorized to meet for the purpose of electing three persons, who shall be known and designated as commissioners of street lighting district number and at said time the legal voters shall determine, by ballot, by the vote of the majority of those present and voting, the sum of money to be raised and expended within such district for the ensuing year for the erection and maintenance of street lights and the carrying out of the powers herein confirmed; the said meeting for the election of said commissioners and the determination of said sum to be raised shall be held at such public place within the district as the said township committee may designate, and notice of said time and place of such election shall be given by the township. clerk, and set up in at least three of the most public places within the said district ten days before the said election, that the polls on said election shall be open o'clock in the afternoon and close at seven o'clock in the evening; the voters there assembled, before any votes are cast, shall elect, by viva voce vote. a judge, inspector and clerk of said election; provided, Proviso. that nothing herein contained shall be taken to prohibit the said commissioners from adding to or expending in addition to the aforesaid yearly appropriation any surplus or excess remaining from the appropriations of the year or years previous. at 2. All acts and parts of acts inconsistent herewith are hereby repealed. 3. This act shall take effect immediately. Approved February 19, 1923. CHAPTER 8. An Act to incorporate the borough of Palmyra, in the county of Burlington. Be it enacted by the Senate and General Assembly of the State of New Jersey: name. 1. The inhabitants of the township of Palmyra, in Corporate the county of Burlington, as established by the act of the Legislature hereinafter referred to in paragraph two hereof, are hereby constituted and declared to be a body politic and corporate in fact and in law by the name of the "Borough of Palmyra," and shall be governed by the general laws of this State relating to boroughs. |