City officers.

Meetings of

common council

plan of said city, called Welker street, thence southeastwardly along said street until the same. crosses an avenue laid out on the said plan, called Frankford avenue, thence following said avenue, in a northeastwardly direction, until the same crosses a street laid out on the said plan, called Zschocke street, thence southeastwardly, following the line of said street, until it meets an avenue laid out on said plan, called Vienna avenue, and thence northeastwardly along the line of this avenue until it reaches the Little Egg Harbor or Mullicas river, and comprising parts of Mullica and Galloway townships, and all the freemen, citizens of this state, and residing within the limits aforesaid, shall be and are hereby made a body corporate and politic, by the name of "Egg Harbor City," and by that name shall have perpetual succession, and be capable of suing and being sued, defending and being defended, in all courts and places. whatsoever, and in all manner of actions, complaints, and causes whatsoever, and may have a common seal, and alter the same at pleasure; and by said corporate name shall be in law capable of purchasing, holding, and conveying any estate, real or personal, for the public use of said corporation.

2. And be it enacted, That for the good order and government of said city, there shall be elected henceforth, in said city, one mayor, who shall be the keeper of the seal of the city, and nine common councilmen (three of whom shall be elected for one year, three for two years, and three for three years), and annually thereafter there shall be elected three persons as members of said common council, who shall hold their office, respectively, for three years; which mayor and common councilmen shall constitute and be called the common council of said city.

3. And be it enacted, That the said common council shall be summoned and held at such times and places in said city as they may appoint; the mayor shall preside at the meetings of the common council, and have a casting vote only, and if he be absent, one of the common councilmen may be appointed, by the members present, chairman pro

tempore, and a majority of the whole number of members shall be a quorum to transact business; and it shall be the duty of the mayor, when necessary, to call special meetings of said common council, and in case of his neglect or refusal, then it shall be lawful for any four members of said common council, at such time and place as they may designate, to call any special meeting or meetings, by written or printed notice; and in all cases of special meetings, notice shall be given to all the members of the said board of common council, in person, or left at their places of resi dence.

officers.

4. And be it enacted, That an election by ballot shall be Election of held on the second Monday of June next, at the Egg Harbor City Hotel, in said city, at which election one mayor, nine common councilmen, three police justices, one clerk, one treasurer, one assessor, one chosen freeholder, two constables, one overseer of the poor, one marshal, one judge of election, three commissioners of appeal in cases of taxation, one harbor master, and one pound-keeper, shall be chosen and elected in said city from among the citizens. residing therein; and annually thereafter, on the second Monday in June, excepting the common councilmen, who shall be elected as herein before provided, but after the first election no person shall be elected as mayor or common council of said city who shall not have resided therein at least one year immediately preceding said election; and at the said first election, T. M. Wolsieffer, Lewis Ertell, and Judges of Th. Wiswede, shall be judges or inspectors, and at every subsequent election, the judge, treasurer, and assessor, shall be judges or inspectors; and the city council shall, in reference to all subsequent elections, appoint the place where such election or elections shall be held, and the city clerk shall cause public notice thereof to be set up in five or more of the most public places in said city, and also in a public newspaper, if one be published therein, at least ten days previous to the day of such election.

election.

conducting

5. And be it enacted, That the poll of all elections under Manner of this act shall be opened at eight o'clock in the forenoon and elections.

Vacancies, how supplied.

Officers to take oath.

closed at seven o'clock in the evening; and no person shall be qualified to vote at such elections, who shall not be a legal voter of this state; and the name of each elector voting at such election shall be written in a poll list by Charles Herman, at the first election on the second Monday in June next, and by the city clerk at every subsequent election; and after the poll shall be closed, the judges or inspectors shall count the votes given for the several candidates, and certify the results under their hands and seals, and deliver such certificate to the clerk of said city, who shall file and preserve the same in his office; and the persons having the greatest number of votes shall be deemed to be elected to the offices for which they shall be voted for respectively, hold their offices for one year, and until others are elected in their stead, and sworn into office, excepting the common council hereinbefore provided for; and any vacancy in the number of persons named to serve as judges or inspectors and as clerk in the said first election, shall be filled by the remaining of those four persons so named.

6. And be it enacted, That in case of death, resignation, inability, disqualification, neglect or refusal to act, or removal out of the city, of any of the officers thereof, it shall be lawful for the common council to appoint others in their place until the next regular election, who shall, during the said time, perform the like services, be entitled to the same fees, and be subject to the same responsibilities, as though elected at the annual election.

7. And be it enacted, That before any of the said officers shall take upon themselves their respective duties, they shall take and subscribe an oath or affirmation for the due execution of their respective offices, before one of the justices of the peace of the county of Atlantic, who are hereby authorized and required to administer the same, or before the mayor of said city; and the treasurer, constables, marshal, and harbor master so elected, shall each give bond to the said city, in such sum, and with such sureties, as the common council may approve, for the faithful performance

of their respective offices; and no member of common. council shall be taken as security upon the bond of any

officer.

powers of

8. And be it enacted, That the mayor is hereby invested Duties and with all the powers which any justice of the said city may mayor. hereafter be invested with: and that the said mayor is hereby authorized, on witnessing any breach of the peace, forthwith to commit the offender for a hearing, without the issuing of any warrant or process; and that, for the purpose of quelling any insurrection, riot, disturbance, or disorderly assemblage, the said mayor shall have the control of the constables and police force of said city, and the power to call upon the citizens for aid in all cases of insurrection, riot, or disturbance of the public peace; and when he shall deem it necessary, to call out the militia of the said city, and to employ the same in quelling such insurrection, riot, or disturbance.

tice not to

suits.

9. And be it enacted, That no police justice shall, by virtue Police jusof his office, be authorized to hear and try any civil action try civil except such as may be brought to recover a penalty under the ordinances of the said city, in which cases he may act as a justice of the peace in his civil capacity.

powers of

tices.

10. And be it enacted, That every police justice shall be Duties and entitled to use and exercise the like power, authority, and police jus jurisdiction in all criminal matters and complaints arising in the city of Egg Harbor, as the justices of the peace in and for the several counties of this state are or may be by law entitled to use and exercise, and that any two police justices shall be authorized and empowered to hear, try and determine all such matters and complaints of a criminal nature, as any two justices of the peace are or may be by law authorized and empowered to hear, try and determine; provided, that nothing herein contained shall be so construed Proviso. as to constitute the said police justices, or any of them, members of the general court of quarter sessions of the peace in and for the county of Atlantic.

11. And be it enacted, That unless when otherwise di- Court of porected, all actions or proceedings before any police justice

lice justice to be court of record.

Justices

may issue subpœna, &c.

Justice may issue warrant or summons.

Proviso.

Complaints

for violation

under the provisions of this act, shall, as nearly as may be, be regulated by the provisions of, and conducted in the manner prescribed in, and by an act entitled "An act constituting courts for the trial of small causes," and the several supplements thereto, and that the court held by every police justice in and for the said city of Egg Harbor shall be a court of record, and vested for the purposes mentioned in this act, with all such power as is usual in courts of record of this state.

12. And be it enacted, That every police justice may, in all matters or causes pending before him, award and issue writs of subpoena ad testificandum into any county of this

state.

13. And be it enacted, That every police justice shall be empowered, on oath, affirmation or affidavit, made according to law, and filed in his office, that any person or persons has or have been guilty of a violation of any of the ordinances of the said city, to issue a process either in the nature of a warrant, or summons, against the person or persons so charged, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the nature of a summons returnable in not less than five nor more than fifteen days; that such process shall state what ordinance the defendant or defendants named therein has or have violated, when, and in what manner the same has been violated, and that on the return of such process, or at the time to which the justice shall have adjourned the same, the said justice shall proceed to hear testimony, and to determine and give judgment in the matter without the filing of any pleadings; and that the justice shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and person of the defendant or defendants; provided, that nothing herein contained shall prevent the enforcement of the ordinances of the said city in the manner herein before provided.

14. And be it enacted, That no warrant, or process in the of city ordi- nature of a warrant, shall be issued by any police justice.

nances to be

made under against any person or persons, on any complaint made as

oath.