Kennedy v. Borough of Belmar

The opinion of the court was delivered by

Magie, J.

Prosecutor seeks to set aside a resolution of the borough council of the borough of Belmar submitting to an election of its voters the acceptance or rejection of an act entitled- “A further supplement to an act entitled ‘An act for the formation of borough .governments/ approved April 5th, *211878,” which supplement was approved March 14th, 1893. Gen. Stat, p. 204, § 152.

By the terms of that supplement boroughs organized under the Borough act of 1878 are given authority to construct sewers, but it is expressly provided that the supplement…