This appeal involves the same fundamental question decided at the'present term in case No. 61 (Mayor and Aldermen of Jersey City v. John R. Hennessey, ante p. 606), and for the reasons stated in the opinion filed in that case the judgment herein on review is reversed, with costs.

For affirmance — None.

For reversal — The Chancellor, Chief Justice, Swayze, Trenchard, Parker, Minturn, Kalisch, White, Heppenheimer, Williams, Taylor, Gardner, JJ. 12.