N.J. Stat. tit. 1, ch. 7

N.J. Stat. tit. 1, ch. 7
in effect

N.J. Stat. § 1:7-1 Direction by governor to attorney general to institute proceeding; application by attorney general

If, at any time within one year after any law or joint resolution has been filed with the Secretary of State pursuant to sections 1:2-5, 1:2-6 or 1:2-7 of this Title, the Governor has reason to believe that any such law or joint resolution was not duly passed by both houses of Legislature, or approved by the Governor or otherwise made effective as law in the manner required by the Constitution, he may direct the Attorney-General to apply to the Appellate Division of the Superior Court, to have the law or joint resolution adjudged void. Thereupon the Attorney-General shall prepare, sign and prosecute the application. Amended by L.1948, c. 329, p. 1312, s. 1; L.1953, c. 4, p. 24, s. 4, eff. March 19, 1953.

N.J. Stat. § 1:7-2 Summary hearing of application; witnesses; depositions; notices

The court, on the application, shall inquire summarily into the circumstances and may, for that purpose, order witnesses to be subpoenaed and sworn and their depositions taken and such notice to be given of the taking of depositions and the hearing before the court, by publication or otherwise, as it deems just. Amended by L.1948, c. 329, p. 1313, s. 2; L.1953, c. 4, p. 24, s. 5.

N.J. Stat. § 1:7-3 Hearings; adjudging law or resolution void

After a full hearing the court may, if satisfied that the constitutional and statutory provisions relating to the enactment and approval of laws and joint resolutions have not been complied with, adjudge the law or joint resolution or any part thereof to be void. Amended by L.1948, c. 329, p. 1313, s. 3; L.1953, c. 4, p. 24, s. 6.

N.J. Stat. § 1:7-4 Application by citizens; procedure thereon

Any two or more citizens of the State may, within the time prescribed by section 1:7-1 of this Title, present to the Appellate Division of the Superior Court an application, such as is authorized by said section 1:7-1 to be presented by the Attorney-General, and the court shall proceed thereon in the manner provided by sections 1:7-2 and 1:7-3 of this Title. The applicants may prosecute the application, and the Attorney-General may, if required so to do by the Governor, defend on behalf of the State. Amended by L.1948, c. 329, p. 1313, s. 4; L.1953, c. 4, p. 25, s. 7.

N.J. Stat. § 1:7-5 Participation by citizens in proceedings

Any citizen of the State may, when an application is presented under authority of either section 1:7-1 or section 1:7-4 of this Title, appear before the court, in defense and subpoena and examine and cross-examine witnesses. Amended by L.1948, c. 329, p. 1314, s. 5; L.1953, c. 4, p. 25, s. 8.

N.J. Stat. § 1:7-6 Judgment of invalidity; copy for and proclamation by governor; operation and effect

If in any application authorized in this chapter, the court shall adjudge any law or joint resolution, or any part thereof, to be void, the clerk of the court shall thereupon make a true copy of the judgment, certify the same under his hand and seal of the court and deliver the copy to the Governor or person administering the government, who shall issue his proclamation under the great seal of the State, setting forth such judgment. The proclamation shall be filed, published and printed with the laws as other proclamations are required to be filed, published and printed, and shall be judicially noticed and received in evidence in all courts of the State in the same manner and to the same extent that the law or joint resolution therein specified would have been if such judgment had not been made. No law or joint resolution, or part thereof, adjudged void shall, after the entry of such judgment as provided in this chapter, be judicially noticed or received in evidence by any of the courts of the State. Amended by L.1948, c. 329, p. 1314, s. 6; L.1953, c. 4, p. 25, s. 9.

N.J. Stat. § 1:7-7 Costs, fees and expenses of proceedings

When an application presented under authority of section 1:7-4 of this Title is dismissed the court shall allow and tax the costs and necessary expenses of the Attorney-General, including a fee to the Attorney-General of not to exceed five hundred dollars ($500.00) in any one case, and shall order the payment thereof by such citizens, and payment thereof may be enforced by execution. Amended by L.1948, c. 329, p. 1314, s. 7; L.1953, c. 4, p. 26, s. 10.
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