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In re Application of Vincent McCabe

January 7, 1980

IN THE MATTER OF THE APPLICATION OF VINCENT MCCABE, THOMAS RAYMOND NICOLETTI, WARREN DONOHUE AND RICHARD E. MULLER, APPELLANTS.


On appeal from the Appellate Division, Superior Court.

Before Mr. Justice Sullivan, Mr. Justice Pashman, Mr. Justice Clifford, Mr. Justice Schreiber, and Mr. Justice Pollock.

Sullivan

The opinion of the court was delivered by SULLIVAN, J.

This is an appeal filed as of right from the dismissal by the Appellate Division of an application brought under N.J.S.A. 1:7-1 et seq., originally entitled "An act providing for the decreeing and making known that certain laws and joint resolutions have become inoperative and void."

Section 1 of the act reads:

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.

N.J.S.A. 1:7-1.

The act also provides that an application, such as is authorized by section 1:7-1 to be presented by the Attorney General, may be presented by any two or more citizens of the State.

N.J.S.A. 1:7-4.

Under Section 2 it is provided that:

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.

N.J.S.A. 1:7-2.

Section 3 provides:

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.

N.J.S.A. 1:7-3.

If the court adjudges the law or joint resolution or any part ...


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