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CHAPTER XII.

AN ACT to incorporate the Moorestown Fire Department.

ment incor

1. BE IT ENACTED by the Senate and General Assembly of Fire departthe State of New Jersey, That all owners or proprietors of porated. dwelling houses and other buildings liable to injury by fire, situate in the village of Moorestown, in the county of Burlington, and in its vicinity, within one-fourth of a mile from any part of the main street of said village, between the ninth milestone from Camden and the eighth milestone from Mount Holly, be and are hereby created and declared to be a body politic and corporate under the name and title of "The Moorestown Fire Department."

capital

2. And be it enacted, That the capital stock of said cor- Amount of poration, vested in real and personal estate, shall not in stock. the aggregate exceed the sum of five thousand dollars, and shall be solely and exclusively applied to procuring, maintaining, and repairing such engines, wells or reservoirs of water, pumps, ladders, buckets, fire hooks, and other implements for the extinguishment of fires, together with houses for storing and preserving all such apparatus, and to defraying such incidental expenses as shall, in the opinion of the board of managers hereinafter named, be necessary to effect the object of this corporation.

be made of

3. And be it enacted, That the amount of capital stock at Inventory to any time paid in shall be determined by said board of property. managers by an inventory of the property on hand and belonging to said corporation, at its actual cash value at the time of making such inventory.

made the

property of

corporation.

4. And be it enacted, That the engines, engine-houses, and Engines, &c., all other fire apparatus now in the possession of the fire company and inhabitants of said village, shall be and are hereby made the property of said corporation, upon the consent of, or upon compensation first made to the owners thereof.

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5. And be it enacted, That the members of this corporation, for the purpose of organizing the same, shall assemble as soon as convenient after the passage of this act, upon two weeks' notice of the time and place (within the village of Moorestown), and the object of said meeting, said notice to be given by any three freeholders, residents of said village, and set up in five or more public places in said village; and the said members, so assembled, shall, at the first and each succeeding annual meeting, elect by ballot, by plurality of votes, and not otherwise, a president, a secretary, a treasurer, and three managers, who shall together constitute à board of managers, and three persons, who shall constitute a board of assessors, and also three persons, who shall constitute a board of appeals, who shall hold their respective offices until the time of the next annual meeting, which time shall be permanently fixed by this meeting; and the members of this meeting then and there assembled shall also determine, by plurality of votes, what amount of money shall be raised by assessment for the use of the corporation during the ensuing year; provided, that the board of managers shall not appropriate any of the funds of the corporation to the payment of the salary of any officer of the corporation, or as a remuneration for services by any officer except as hereinafter provided, unless the by-law or resolution under which such appropriation is made be first presented to and approved by a majority of the members of the corporation present at their annual meeting.

6. And be it enacted, That the active power of this corporation shall be vested in said board of managers, and they shall take charge of and keep in repair the property of said corporation, and shall have power to fill all vacancies in their own body, or in any office under this corporation until the next annual meeting; they shall give notice of each annual meeting, also the sum of money which they may deem it expedient to raise for the expenses of the ensuing year, and of the purposes to which the same is intended to be applied, not less than five, nor more than

fourteen days before said meeting, by handbills posted up in five of the most public places within the limits aforesaid.

make returu

7. And be it enacted, That within thirty days after the Assessors to annual meeting, the board of assessors shall make and to managers. return to the board of managers a correct list of all buildings within said limits (public schoolhouses excepted), with the value thereof, and the names of both the owners and occupants of the buildings, together with an assessment upon each building or set of buildings as aforesaid, of its or their equitable proportion of the sum voted to be raised by the corporation, making just allowance for the various degrees of hazard and liability to injury by fire to which said buildings may be exposed, as well as for the distance from the thickly settled portion of the district. Property situated so remote from the village as not to be benefited by the wells, reservoirs, or pumps, shall not be taxed there

for.

8. And be it enacted, That within ten days after the return of said list and assessment to the board of managers, the treasurer shall give to every resident member, whether individual or body politic and corporate, and in case of nonrésident members to the tenant in possession, a printed or written ticket, containing the amount of tax assessed upon the property owned or occupied by said member or tenant, together with the time and place of meeting of the board of appeals.

Notice to be amount of

given of

tax assessed.

board of ap

9. And be it enacted, That within twenty days after the Meeting of return of said assessment as aforesaid, the board of appeals peals. shall sit in such place in the village of Moorestown as they may have appointed, to hear and determine, as they shall deem equitable and just, the complaints of all persons who may feel aggrieved by the assessment so made as aforesaid. 10. And be it enacted, That after the appeals to the board Notice to be shall have been determined, the treasurer shall give public of non-paynotice, by handbills posted up in five of the most public taxes, places within said limits, that if the taxes so assessed are not paid within thirty days from the date thereof, that the

given in case

ment of

List of delinquents to

to justice of the peace.

names of the delinquents will be returned to a justice of the peace for collection; and in case of non-resident members, the tenants in possession shall, in the same manner as the owners, be liable for, and they are hereby required to pay the taxes assessed upon the property occupied by them, and they are hereby authorized to deduct or reserve such payment from the rent which they may have contracted to pay to the owners of said property; and in case of the non-occupancy of any building, the assessment shall remain as a lien upon it, and the future occupants shall be liable for all arrearages of assessments upon said building.

11. And be it enacted, That in case of non-payment of be delivered taxes within the time specified in said notice, the treasurer shall make out a list of the delinquents, whether individuals or corporations, members of this corporation or tenants in possession, with the amount of tax payable by them, respectively, thereto annexed, and shall deliver the same to some justice of the peace of the township in which said corporation is situated, accompanied by his oath or affirmation, that he has given the public notice required by the preceding section.

Mode of levying and collecting

tax.

Proviso.

12. And be it enacted, That the justice of the peace before whom such return shall be made, within five days after the reception of said list of delinquents, shall deliver to some constable of the county a warrant to levy the tax so in arrear, with costs; and the said justice and constable shall proceed, in like manner, and under like penalties and liabilities, to levy the tax so in arrear, as is directed in the act entitled, "An act concerning taxes," approved April the fourteenth, eighteen hundred and forty-six; and the said assessor's justice and constable shall be entitled to like fees as for like services under said act; provided, that the taxes so levied and collected shall be paid to the treasurer of the corporation; and that if, in the opinion of the board of managers, the interest of the corporation would be promoted thereby, it shall be lawful for said board of managers to appoint a special constable, to whom the justice shall direct the tax warrant required by this act; and who, after

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having given bond, with such security as said board shall
direct and approve, shall be authorized to perform the
duties required to be done in and by this act, as fully as a
constable elected at the annual town meeting.

members of

13. And be it enacted, That no person shall be qualified Officers to be to vote or hold office by virtue of this act, who is not a corporation. member of the corporation hereby created; and that all resident property owners, and tenants who shall pay the tax assessed on the property by them occupied, shall be considered members of this corporation.

illegal vot

14. And be it enacted, That if any person shall vote at Penalty for said annual meeting who is not qualified as aforesaid, he ing. shall be subject to a fine of five dollars, to be recovered. with costs, before any justice of the peace of the county of Burlington, in the name and for the use of the corporation; provided, that any body politic or corporate being a mem- Proviso. ber of this corporation, may vote through its presiding officer, whether he be a member of this corporation or not.

may raise

pany.

15. And be it enacted, That the said corporation shall Corporation have power to raise and organize, from among its mem- fire combers and other persons residing within said limits, one company of firemen, not exceeding thirty members for each and every fire engine that is or may be within said limits, and such firemen shall be exempt from jury duty so long as they shall belong to such company.

inay make

16. And be it enacted, That said company or companies Company of firemen shall have power to make such by-laws for their by-laws. regulation and government, not inconsistent with the constitution and laws of this State, as they may deem proper, and enforce the same by fines collectable by law, in an action of debt, with costs, before any justice of the peace of the county of Burlington, in the name of this corporation and for the use of said company or companies respectively; provided, that such by-laws shall not be in force Proviso. until approved by said board of managers.

injuring

17. And be it enacted, That any person who shall ma- Penalty for liciously create or knowingly continue any false alarm of works. fire within said limits, shall, on due proof thereof before

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