SENATE, No. 1909







Sponsored by:


District 18 (Middlesex)






     Repeals anachronistic, superseded, or invalidated sections of statutory law.



     As introduced.


An Act concerning anachronistic, superseded, or invalidated statutory provisions, and amending and repealing various sections of the statutory law.


     Be It Enacted by the Senate and General Assembly of the State of New Jersey:


     1.    (New section)  The following sections are repealed:

     N.J.S.2A:82-20 through N.J.S.2A:82-22;

     Section 8 of P.L.1995, c.251 (C.2C:33-25);


     R.S.4:21-11 through R.S.4:21-13;

     R.S.15:4-1 through R.S.15:4-4;


     R.S.26:4-10 and R.S.26:4-11;

     R.S.26:4-42 through R.S.26:4-45;

     R.S.26:4-50 through R.S.26:4-53;


     R.S.26:4-90 through R.S.26:4-92;

     R.S.30:8-5 and R.S.30:8-6;


     R.S.30:8-35 and R.S.30:8-36;

     R.S.30:9-28 and R.S.30:9-29;

     R.S.30:9-35 through R.S.30:9-38;

     Section 2 of P.L.1946, c.223 (C.30:9-38.1);

     R.S.30:9-39 through R.S.30:9-44;

     Sections 1 and 2 of P.L.1950, c.242 (C.30:9-44.1 and C.30:9-44.2);

     Section 2 of P.L.1953, c.148 (C.30:9-44.3);

     R.S.30:9-61 through R.S.30:9-81;

     R.S.30:9-85 and R.S.30:9-86;

     N.J.S.40A:9-60 through N.J.S.40A:9-62;

     R.S.48:18A-1 through R.S.48:18A-4; and

     Sections 1 through 17 of P.L.1948, c.188 (C.56:7-1 through C.56:7-17).


     2.    N.J.S.2C:33-24 is amended to read as follows:

     2C:33-24.  As used in this chapter [:

     a.    "Act] , “act of graffiti” means the drawing, painting or making any mark or inscription on public or private real or personal property without the permission of the owner.

     [b.  “Spray paint” means any paint or pigmented substance that is in an aerosol or similar spray container.]

(cf:  P.L.1995, c.251, s.7)

     3.    N.J.S.15A:16-1 is amended to read as follows:

     15A:16-1.  The following are saved from repeal:

     R.S.15:1-6 is saved from repeal.  This section deals with specially incorporated boards of trade;

     R.S.15:1-23 is saved from repeal.  This section preserves certain nonprofit corporations in existence prior to July 4, 1898;

     [R.S.15:4-1 to R.S.15:4-4 inclusive are saved from repeal.  These sections govern detective associations;]

     R.S.15:5-1 to R.S.15:5-7 inclusive are saved from repeal.  These sections provide for a procedure for owners to drain swamp and meadow grounds and  provide assessments for their drainage;

     "An act to enable the owners of tide swamps and marshes to improve the same, and the owners of meadows already banked in and held by different persons, to keep the same in good repair,"  passed November 29, 1788, together with all amendments and supplements thereto which were saved from repeal by R.S.15:5-8 is saved from repeal;

     P.L.1957, c.201 (C.15:5-8(58)) is saved from repeal.  This act supplements  "An act to enable the owners of tide swamps and marshes to improve  the same, and the owners of meadows already banked in and held by different  persons, to keep the same in good repair,"  passed November 29, 1788;

     P.L.1880, c. 163, entitled "An act for incorporation of companies for draining and improving meadows and lands overflowed by tide water," together with the supplements thereto, saved from repeal by R.S.15:5-9, is saved from repeal;

     "An act to enable two-thirds of the owners in value of any body or tract of salt marsh or meadow, within this State, using a common road to the fast land, to support the same," passed November 18, 1822 together with the supplement thereto, saved from repeal by R.S.15:5-10, is saved from repeal;

     P.L.1881, c. 146, entitled "An act to enable the owners of any island, or part thereof, to improve the same and to protect the same from damage by high  tides,"  saved from repeal by R.S.15:5-11, is saved from repeal;

     R.S.15:8-4 is saved from repeal.  This section provides for the appointment by a volunteer fire company of members to perform police duties, their qualifications, and their power to arrest offenders;

     R.S.15:8-5 is saved from repeal.  This section provides for the issuance of exempt certificates to volunteer firemen on establishment of a paid fire department;

     R.S.15:8-7 is saved from repeal.  This section provides for disposition of accumulated fire department funds on expiration of the charter of the volunteer fire department;

     R.S.15:11-7 and R.S.15:11-8 are saved from repeal.  These sections deal with land acquisition rights of certain nonprofit corporations created for educational purposes, including the power to acquire by condemnation;

     R.S.15:13-3 is saved from repeal.  This section deals with the taxability of patriotic societies;

     P.L.1969, c.291 (C.15:11-4.1) is saved from repeal.  This section deals with trustees of certain colleges and universities created by special charter and authorizes the appointment or election of additional members to the board of trustees;

     P.L.1975, c 26, ss. 1 to 10 (C.15:18-15 to C.15:18-24 inclusive) are saved from repeal.  These sections enacted the  "Uniform Management of Institutional Funds Act" ;

     P.L.1971, c. 337, ss. 1 to 6 (C.15:19-1 to C.15:19-6 inclusive) are saved from repeal.  These sections deal with private foundations and split interest trusts as defined by the Internal Revenue Code of 1954, as amended and supplemented.

(cf:  N.J.S.15A:16-1)


     4.    R.S.26:4-94 is amended to read as follows:

     26:4-94.  Any person who violates any of the provisions of this article [except sections 26:4-90 to 26:4-92] , or any notice served thereunder, shall be liable to a penalty of five dollars ($5.00) for the first offense, and not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each subsequent offense, to be recovered in a civil action brought by and in the name of the State Department or a local board.  Penalties hereunder shall be enforced and collected pursuant to sections 26:3-72, 26:3-77 and 26:3-78 of the Revised Statutes.

(cf:  P.L.1953, c.26, s.47)


     5.    R.S.39:4-85 is amended to read as follows:

     39.4:85.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.  If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

     [The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.]

     The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety.  In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

(cf:  P.L.1951, c.23, s.45)


     6.    R.S.39:4-87 is amended to read as follows:

     39:4-87.  The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle [on suitable and audible signal being given by the driver of the overtaking vehicle] , and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(cf:  R.S.39:4-87)


     7.    This act shall take effect immediately.





     This bill would repeal and amend various sections of the statutory law, in order to remove provisions that have been superseded or invalidated, or which are anachronistic in nature – i.e. belonging to an earlier time and irrelevant in the current legal, political, and social climate.

     In particular, the bill would repeal the provisions of law associated with the following topics and issues:

(1)       Records, rerecords, entries or abstracts of mortgages, and certified transcripts of these instruments as evidence;

(2)       Sale of spray paint without a posted sign warning juveniles of the penalty for graffiti;

(3)       Yielding of a party phone line in an emergency;

(4)       Permitting a stallion to run at large;

(5)       Permitting a bull to run at large;

(6)       Rams trespassing or going at large during a specific period each year;

(7)       Appointment of pursuers of thieves by a private detective association;

(8)       Delay or detainment of a homing pigeon;

(9)       Public drinking cups and infectious disease concerns;

(10)    Transportation of infected persons and items by common carriers;

(11)    Occupations forbidden to persons infected with venereal disease;

(12)    Permitted movement of persons with venereal disease from one jurisdiction to another;

(13)    Examination of presumed typhoid carriers and involuntary commitment of confirmed carriers;

(14)    Killing of an unmuzzled dog running at large;

(15)    Separation of debtors and criminals in prison;

(16)    Victualing (feeding) of county prisoners;

(17)    Prisoners in workhouses – keeping prisoners at labor and punishment of prisoners for misconduct and escape;

(18)    County hospitals for communicable diseases;

(19)    Municipal hospitals for communicable diseases;

(20)    Recovery of shipwrecked bodies, disposition of personal property from shipwreck victims, and maintenance of medical examiner’s records pertaining to shipwrecks;

(21)    Turnpike or plank road companies – vacation of public rights in, and relief from public duties associated with, turnpike or plank road; and

(22)    The Unfair Cigarette Sales Act of 1948.

     The bill would also delete from current law the provisions requiring a person to use an audible warning when passing a vehicle on the road.