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cause an electrical apparatus, suitable and sufficient for the infliction of the punishment of death, to be constructed and placed in such building, together with the necessary machinery and applicances for the execution. of convicted criminals, in accordance with this act.

Warrant issued by

court to

prison keeper.

If execution prevented,

issued.

warrant

4. When a person is sentenced to the punishment of death, the judge presiding in the court at which the conviction takes place, must make out, sign and deliver to the sheriff of the county, a warrant directed to the principal keeper of the State Prison, stating the conviction and sentence, and appointing a week within which such sentence must be executed, commanding said principal keeper of the State Prison, to execute the sentence upon some day within the week so appointed. If the execution of the sentence within the time appointed shall be new prevented by, or in consequence of, proceedings instituted to test the validity of the conviction, then, on termination of such proceedings, if the conviction be not set aside, it shall be the duty of such judge to make out, sign and deliver another warrant as aforesaid. If the execution of the sentence within the time appointed be prevented by any other course, it shall be the duty of such judge as soon as such course ceases to exist, to make out, sign and deliver another warrant as aforesaid. The week so appointed must begin not less than Time of exefour weeks, and not more than eight weeks after the issuing of the warrant. The time of execution within said week shall be left to the discretion of the said principal keeper to whom the warrant is directed. previous announcement of the day or hour of the execution shall be made, except to persons who shall be invited or permitted to be present at said execution, as hereinafter provided.

cution.

No No publicity.

Sentenced fined in

person con

State prison.

5. Within ten days after the issuing of such warrant, the said sheriff must deliver the warrant, and also the person sentenced (in case he be not already in the State Prison), to the principal keeper of the State Prison. From the time of such delivery until the infliction of the punishment of death upon him, unless he shall be lawfully discharged from such sentence, the person so sentenced shall be kept in solitary confinement, and no Solitary con

finement.

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person shall be allowed access to him without an order of some court of competent jurisdiction, except the officers of the prison, his counsel, his physician, a priest or minister of religion, if he shall desire one, and the members of his family.

6. It is the duty of the principal keeper of the State Prison to be present at the execution, and to select and invite the presence, by at least three days' previous notice, of twelve reputable citizens of full age, of whom at least two shall be physicians. Such principal keeper must also, at the request of the criminal, permit such ministers of the gospel, priests or clergymen of any religious denomination, not exceeding two, to be present at the execution. He shall, in addition to the persons hereinbefore designated, appoint four assistants, who shall attend the execution. He shall permit no other person to be present at such execution except those designated in this section.

7. Immediately after the execution, the principal keeper of the State Prison shall cause the body to be interred with a sufficient quantity of quick-lime to consume the same without delay, unless such body shall be claimed by some relative or relatives of the person executed. No religious or other services shall be held over the remains after such execution, except within the place selected for the execution by the board of inspectors of the State Prison, and no one shall be present at such service except the officers of the prison, the person conducting such services, and the immediate family and relatives of the person executed.

8. The principal keeper of the State Prison must prepare and sign a certificate, setting forth the time and place of the execution, and that the execution was conducted in conformity to the sentence of the court, and the provisions of this act, and must request all the persons present and witnesssing the execution to sign such certificate. He must cause such certificate to be filed, within ten days after the execution, in the office of the clerk of the court in which the conviction was had.

9. The principal keeper of the State Prison may appoint a deputy keeper to execute the said warrant, and

to perform all the other duties by this act imposed upon said principal keeper.

misde

10. Any person who shall violate or omit to comply Violation a with any provision of sections five, six, seven or eight meanor. of this act, shall be guilty of a misdemeanor.

of act.

II. Nothing contained in any provision of this act Application applies to a crime committed at any time before the day when this act takes effect. Such crime must be punished according to the provisions of law existing when it is committed, in the same manner as if this act had not been passed, and the provisions of law, for the infliction of the penalty of death upon convicted criminals, in existence on the day prior to the passage of this act, are continued in existence and applicable to all crimes punishable by death, which have been or may be committed before the time when this act takes effect. A crime punishable by death committed after the beginning of the day when this act takes effect, must be punished according to the provisions of this act, and not otherwise.

tion.

12. The sum of ten thousand dollars, or so much Appropriathereof as may be necessary, is hereby appropriated for the purposes of this act, and shall be paid to the persons entitled thereto by the State Treasurer, upon the warrant of the State Comptroller, as the board of inspectors of the State Prison shall certify from time to time, but such appropriation shall not be available unless included in the annual appropriation act.

13. All acts and parts of act inconsistent with the Repealer. provisions of this act are hereby repealed.

in effect.

14. This act shall take effect on the first day of March, When act one thousand nine hundred and seven, and shall apply to all convictions for crimes punishable by death committed on or after that date.

Approved April 4, 1906.

Section amended.

Acquire land for public pur poses.

Amount of bond issue.

Time and rate.

CHAPTER 80.

An Act to further amend an act entitled "An act to authorize cities bordering on the Atlantic ocean to purchase lands in any such city bordering on the ocean and adjacent lands thereto in such city for public purposes and to improve the same, and to issue bonds for such purposes," approved March twenty-third, one thousand nine hundred.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Section one of the act recited in the title hereof, which was amended by an act approved April twentyfourth, one thousand nine hundred and two, is hereby further amended so that the same shall read as follows:

1. The common council or board of aldermen or other governing body of any city in this State bordering upon or situated upon the Atlantic ocean shall have power to purchase, or by condemnation acquire, the lands in any such city bordering upon the ocean and adjacent thereto situate in such city for public purposes and for places of resort for public health and for recreation, and to improve the same. And for such purposes, and in order to obtain the money necessary therefor, the common council, board of aldermen or other governing body of such city is hereby authorized to issue bonds to an amount not exceeding the sum of four hundred thousand dollars, which may be in excess of the limit of bonded indebtedness, if necessary, which said bonds shall be regularly issued, and shall be made payable within forty years from the date of their issue and shall bear interest at a rate not exceeding five per centum per annum, and shall be sold at not less than par. The bonds may be issued in such denominations and for such amounts, not exceeding the said four hundred thousand dollars, as the said common council,

board of aldermen or other governing body of said city

shall deem necessary.

2. This act shall not take effect unless a majority Referendum. of the legal voters in the said city shall be in favor of the adoption thereof. The said question shall be submitted to the voters of said city at an annual or special election held in the manner provided by law, of which special election and the object thereof at least five days' notice shall be given by the clerk of said city by public advertisement in at least two newspapers circulating in said city, and by posting notices thereof in at least ten public places therein.

When act

And if the majority of the votes upon the said ques- effective. tion cast at the said election in said city shall be in favor thereof, then and not otherwise this act shall take effect immediately.

Approved April 4, 1906.

CHAPTER 81.

An Act to annex to Asbury Park a portion of the township of Neptune, in the county of Monmouth.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. All that portion of the township of Neptune in the county of Monmouth, included within the following boundaries, to wit: Beginning at a point in the westerly line of right of way of the New York and Long Branch railroad, where the same is crossed by Wesley Lake Brook; thence westerly up and along said Wesley Lake Brook in a direct line to a point in the rear line of lots fronting on the westerly side of Ridge avenue, being about one hundred and fifty feet west of said avenue; thence northwardly by and along the rear line of lots fronting on the westerly side of said avenue, and approximately one hundred and fifty feet distant therefrom to the centre line of the southerly

Portion Nepannexed to Asbury Park,

tune township

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