On certification to the Superior Court, Appellate Division, whose opinion is reported in 1 N.J. Super. 121.
For reversal -- Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Wachenfeld, Burling and Ackerson. For affirmance -- None. The opinion of the court was delivered by Burling, J.
This is a certification to the Superior Court, Appellate Division, to review a judgment of that court affirming a judgment of the Camden City District Court in favor of the defendant-respondent. The question involves the construction of R.S. 2:16-36 and the amendment thereof by chapter 344 of the laws of 1947. The facts are not disputed.
Appellant was appointed in September, 1935, by the Judge of the Camden County Court of Common Pleas as a court interpreter pursuant to R.S. 2:16-36, and his salary fixed by the judge pursuant to the provisions of the statute as it then existed.
This statute was amended by chapter 344 of the laws of 1947 so that it read as follows:
"1. Section 2:16-36 of the Revised Statutes is amended to read as follows:
2:16-36. The compensation of interpreters appointed to interpret the Italian, German, Polish and Russian, and Hungarian and Slavish
languages shall be fixed by the judge of the court of common pleas of the respective counties, or by the judges of such court if there be more than one such judge in any county; provided, however that the salaries so fixed shall not become effective unless approved by resolution of the board of chosen freeholders of the county wherein such salaries are to be paid.
The salaries herein provided shall be paid by the treasurer of each county, semi-monthly, out of the funds of the county, and shall, whenever fixed as herein provided, be in lieu of all other fees or compensation whatsoever.
2. This act shall take effect immediately.
It will be noted that the significant change added by the 1947 amendment was the requirement of a resolution of approval by the board of freeholders. The applicability of this amendment ...