Common carriers may sell freight. Notice to be given. CHAPTER CCCCXXVI. An act authorizing common carriers, factors and others to sell goods, wares, merchandise and other property unclaimed, upon which they have a lien. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for common carunclaimed riers, having a lien, either for freight, storage or other charges, upon goods, wares, merchandise or other property, and which shall have been or shall be thereafter unclaimed for three months, or upon which such freight or charges shall have remained, or shall hereafter remain unpaid for a like period of time, to sell such goods, wares, merchandise or other property at public auction, after notice by advertisement once a week for three weeks, in at least one newspaper published in the city or county where such sale is to be made, and by hand-bills posted at the place where such goods, wares or merchandise were originally consigned to, and at not less than twenty conspicuous places at the designated point of sale, at least ten days prior to such sale, giving time and place of sale, and name of owner or consignee, if known or legible, address or marks thereon, if any, with a description or name of the article to be sold, and, when known, the place to which the same were consigned; and May collect all goods, wares merchandise or other property hereby au the goods at one place and sell them. Perishable goods may thorized to be sold which may be in the custody of or stored by any common carrier at any depot, station or other place, may be removed therefrom, and sold at such cities or towns or boroughs within this state as such carriers may deem the best market for the articles to be sold, and that such sale may be made in bulk, in the original packages as marked and consigned, contents unknown, or by the piece, as may, in the judgment of of the carriers, realize the largest amount to the owners. 2. And be it enacted, That in all cases where goods, wares, be sold at merchandise or other property shall be perishable or damtion. aged, and which the owner or consignee shall for that or any public auc other reason refuse to receive, or by reason of the owner or consignee being unknown, it shall be lawful for the carrier or other having a lien upon the same as aforesaid to sell the same by public outcry, or auction, upon such notice thereof as the nature of the case may reasonably seem to require or admit of. sale how 3. And be it enacted, That the proceeds of all sales made Proceeds of under the authority of this act, after deducting freight, disposed of, storage and charges which may be due, as well as advertising, cost of selling and other reasonable expenses, shall be paid to the owner of such property, upon satisfactory proof of such ownership; provided, that such proof be made within two years from the date of such sale; and on failure to make such proof at the expiration of that period, such surplus shall be paid into the state treasury for the use of the state. 4. And be it enacted, That all acts or parts of acts which are supplied by this act are hereby repealed. 5. And be it enacted, That this act shall take effect immediately. Approved March 27, 1874. CHAPTER CCCCXXVII. A further supplement to an act entitled "An act to ascertain the rights of the state and of the riparian owners in the lands lying under the waters of the bay of New York, and elsewhere in the state," approved April eleventh, eighteen hundred and sixty-four. commis approval 1. BE IT ENACTED by the Senate and General Assembly of the The votes State of New Jersey, That from and after the passage of this of three act it shall be lawful for the riparian commissioners, or any sioners and three of them therein concurring, together with the gover- of governor nor of this state, to fix and determine, within the limits pre- necessary scribed by law, the price or purchase money, or annual rental lease of to be paid by any applicant for so much of lands below highwater mark, or lands formerly under tide-water belonging to this state as may be described in any application therefor for sale or lands. duly made according to law; and the said commissioners, or any three of them therein acting and concurring, with the approval of the governor, shall in the name and under the great seal of the state, grant or lease said lands to such applicant accordingly; and all such conveyances or leases shall be prepared by the said commissioners or.their agents at the cost and expense of the grantee or lessee therein, and shall whom paid be subscribed by the governor, and at least three of said commissioners, and attested by the secretary of state. Convey ances how prepared and by for. 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, and that this act shall take effect immediately. Passed March 27, 1874. State Treasurer to give bonds in $300,000. CHAPTER CCCCXXVIII. Supplement to an act entitled "An act respecting the office of treasurer," approved April seventeenth, eighteen hundred and forty-six. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the treasurer of this state shall, prior to the entering upon the duties of his office, take and subscribe an oath of office, and give bond with sufficient sureties, to be approved of by the legislature, in the sum of three hundred thousand dollars, payable to the State of New Jersey, with condition for the faithful performance of the duties of his office, and for the fidelity of the person or persons to be by him employed, which oath and bond shall be deposited in the office of the secretary of the state. 2. And be it enacted, That all acts or parts of acts, inconsistent with this act, be, and the same are hereby repealed, and that this act shall take effect immediately. Approved March 27, 1874. CHAPTER CCCCXXXVI. An act relating to the Stevens Battery. WHEREAS. It is alleged that the war vessel known as the Stevens battery has not been and cannot be finished on what the executors of Edwin A. Stevens, deceased, have adopted and pursued as his general plans, for the sum of one million of dollars, nor without a large additional expenditure; and whereas, there now is and for a considerable time past has been, a suit pending in the court of chancery of this state (originally instituted by the widow and infant children of said Edwin A. Stevens, against two of the executors of said deceased, the attorney-general o this state and an adult daughter of said deceased,) involving for judicial decisions, among other things, the powers, rights and duties of said executors in respect to finishing and disposing of said vessel, the rights of this state as well as those of the widow and children of said deceased in and to said vessel, and the money appropriated by the will of said deceased to finish said vessel; and also the rights of the heirs-at-law of Robert L. Stevens, deceased, in and to said vessel; and whereas, the dam which separates the basin containing said vessel from the waters of Hudson river, and other protections to said vessel, are believed to be insecure and liable to be at any time broken by the force of the waters of said river or otherwise, and great, if not irreparable damage done thereby to said vessel; and while the protection and preservation of said vessel, since the work of finishing it stopped, has been and will continue to be largely expensive to said executors, the said vessel, and its constituent parts have been and will continue to be (rapidly and largely) deteriorating in quality and value, so that, unless said vessel is disposed of at an early day, it will be of but small value to any one and will be substantially wasted and lost; and whereas, the interest, if any, of the heirs-at-law of Robert L. Stevens in and to said vessel is but a part interest in Preamble Battery may be sold. By whom sale shall be made. Purchaser to have use for one year. . common with others, and the state, if said vessel be adjudged to it, can, under the permission of congress heretofore given, make no use of said vessel, except to sell it; and said executors desire and intend to sell said vessel in case it shall be adjudged that they can not or should not offer said vessel to the state as a present and that the state shall not receive said vessel; therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the vessel known as the Stevens Battery, and all and every of the rights and interests of the state of New Jersey, and of all persons and of every person therein and thereto, be absolutely sold and transferred in the manner hereinafter provided, at the farthest, before the first day of September next, and the proceeds of such sale, as soon as paid by the purchaser or purchasers, shall be paid into the court of chancery, in the suit herein before mentioned, to be disposed of pursuant to the orders and decrees of said court. 2. And be it enacted, That said sale shall be made by the governor or person for the time being acting as governor, and the vice chancellor and the executors of the last will and testament of said Edwin A. Stevens, deceased, or a majority of said executors; and a deed or bill of sale of said vessel, or of any part thereof, to any purchaser thereof, signed, acknowledged and delivered by the acting governor and the vice chancellor and all or a majority of said executors, shall vest in the purchaser or purchasers a full and complete title to what shall purport to be conveyed and transferred by such deed or bill of sale. 3. And be it enacted, That one of the terms upon which of the dock said vessel shall be sold, shall be, that the purchaser or purand yards chasers thereof shall, for one year after he or they become the purchaser or purchasers, have the use, free of rent, of the dock and yards and basin heretofore appropriated to the said battery, for the purpose of finishing said battery and removing it, or for removing it without finishing it, but for no other purpose. Bids to be advertised for. 4. And be it enacted, That bids shall be invited by the persons so, as aforesaid, authorized to make said sale of said vessel and all things belonging or appertaining to it, as an entirety, and also bids for said vessel, separated from its engines, machinery, tools and material, and also separate bids for the engines, machinery, tools and material to be separ |