New Jersey P.L.1897, c.35

CHAPTER 35, LAWS OF 1897

AN ACT to prevent the willful pollution of the waters of the Passaic river, and of the tributaries thereof, above the great falls of the Passaic river at Paterson.

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

1. No person or persons, natural or artificial, shall throw, cause or permit to be thrown into the waters of the Passaic river, or of any of the tributaries thereof, above the great falls of the Passaic river at Paterson, any carcass of any dead animal or any offal or offensive matter, or any matter or thing detrimental to health; no person or persons, natural or artificial, shall discharge or cause to be discharged into the waters aforesaid any sewage from any privy, water-closet, house, shop, drain or place whatsoever; no person or persons, natural or artificial, shall deposit or cause or permit to be deposited any carcass of any dead animal, offal or offensive matter so that the washing or waste therefrom shall or may be conveyed to and into the waters aforesaid.

2. No person or persons, natural or artificial, shall maintain or erect or cause or permit to be maintained or erected, any privy, water-closet, slaughter-house or other structure, the drainage from which might or would tend to pollute the waters or any part of the waters aforesaid, within such a distance from the banks of the said Passaic river, or of any of the tributaries thereof, above the great falls of the Passaic river at Paterson, as would make the drainage from any such privy, water-closet, slaughter-house or other structure be liable to drain into the waters aforesaid, or any part thereof, by surface drainage, percolation or otherwise.

3. Any person or persons, natural or artificial, violating any of the provisions of this act, shall forfeit and pay a penalty of twenty dollars for each violation, to be recovered in the manner hereinafter provided; the maintenance of anything hereinbefore prohibited to be maintained shall be and is hereby constituted a separate violation for each day of maintenance.

4. Every justice of the peace in any county in which the provisions of this act may be violated is hereby empowered, on oath or affirmation being made according to law that any person or persons, natural or artificial, has or have violated any of the provisions of this act, to issue process at the suit of any local board of health which has jurisdiction within any county, city, township, town or borough on the banks of or bordering on the Passaic river or any of its tributaries, and irrespective of the locality of such violation, as plaintiff, either in the nature of a summons or warrant, against the person or persons so charged, which process, when in the nature of a warrant, shall be returnable forthwith, and when in the nature of a summons shall be returnable in not less than one nor more than ten entire days; such process shall state what provision of the law is alleged to have been violated by the defendant or defendants; and on the return of such process, or at any time to which the trial shall have been adjourned, the said justice of the peace shall proceed to hear testimony and to determine and give judgment in the matter, without the filing of any pleadings, for the plaintiff, for the recovery of the penalty hereinbefore provided, with costs, or for the defendant; and the said justice of the peace shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods, chattels and person of the defendant or the defendants; and the said justice of the peace is further empowered to cause any such defendant or defendants who may refuse or neglect to pay the amount of the judgment rendered, and all the costs and charges incident thereto, to be committed to the county jail for a period not exceeding thirty days.

5. The justice of the peace may adjourn the hearing or trial in any case from time to time, and may bail the defendant or defendants in such sum as he shall deem proper for appearance at such time and place as said trial or hearing shall be adjourned.

6. The officers to serve and execute any process issued by any justice of the peace under this act shall be the officers authorized by law to serve and execute the process of a justice of the peace.

7. Any of the local boards of health hereinbefore referred to may file a bill in the court of chancery, in the name of the state, on the relation of such local board of health, for an injunction to prohibit the maintenance of anything, the maintenance of which is hereinbefore prohibited, and such action shall proceed in the court of chancery according to the rules and practice of the court.

8. In all cases in which it shall be ascertained by the court of chancery in such suit that anything is maintained contrary to the provisions of this act, that court shall have power to abate the same and prevent its further maintenance by injunction or otherwise, according to the practice of the court, and may charge the costs of such suit upon the defendant or defendants and enforce the collection thereof according to its rules and practice.

9. All acts and parts of acts which in anywise conflict with the provisions of this act be and the same are hereby repealed, and this act shall take effect immediately.

Approved March 24, 1897.