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Officers of election to

&c.

the list of names of the delinquents, and deliver to the constable or constables of said city, a warrant or warrants, requiring him or them to levy the tax so in arrears, in the manner prescribed by the laws of the state of New Jersey, relative to the collection of state, county, or township taxes; and the said constable or constables shall, in the collection of said taxes, and in the payment thereof, be governed by the laws of this state regulating the same in the several townships.

24. And be it enacted, That the judge of election, and the take oath, inspectors and clerk thereof, shall take the like oaths or affirmations, and conduct all elections in the same manner as township election officers are or may be by law required to do, and shall be vested with the same powers and authority, entitled to the same compensation, and perform the like duties, and be subject to the same penalties as the like officers of this state are or may be by law invested with, allowed or subject to; and in case of absence, death, incompetency, or refusal to serve, of any of the said officers of election provided for by this act, such vacancy or vacancies shall be supplied in the manner prescribed by law for sup plying such vacancies in the townships in this state; and the clerk of said city shall procure ballot boxes for the use of said city, in said manner, and of such description, as are required to be procured by the township clerks of this state, and be subject to the same penalties as township clerks are now subject to, for neglecting to procure said boxes, and keep the same in repair.

Duties of marshal.

25. And be it enacted, That it shall be the duty of the marshal of said city, to execute all processes issued or delivered to him to be executed by the mayor, or a resident justice of said city, in the same manner, and to the same extent of jurisdiction as a city constable; and he shall maintain good order, and preserve the peace within the limits of said city, enforce all ordinances, arrest and imprison offenders, keep the city prison and hall, and perform such other duties as the common council may require, or as may be required

by the ordinances of said city, and give security, and in such sum, as the common council may require.

constables.

26. And be it enacted, That the constable, or constables of Duties of said city, hereafter elected by virtue of this act, shall have the same power and authority and be authorized to perform the same duties, in civil as well as in criminal cases, in all respects, to serve warrants and other processes, in the same manner, and to the same extent of jurisdiction, and be entitled to the same fees and compensation for his or their services, as if he or they had been lawfully elected to the office of constable, at an annual election for township officers in this state, under the laws of this state relating to township constables, and had taken oath or affirmation, and given the security required by law; provided, always, that Proviso. before any such constable or constables shall proceed to exercise the powers conferred on him or them by this act, he or they shall take and subscribe an oath or affirmation for the due execution of his or their office, and enter into such bond, with sureties to be approved by the common council of said city, as he or they would be by law required to take and enter into, if he or they had been elected to the office of a township constable, under the laws of this state relating to township constables, before he or they proceeded to the execution of his or their office.

bond to be

recorded

and filed.

27. And be it enacted, That the bond to be given as afore- Constable's said by the said constable or constables, shall be recorded and filed by the clerk of the said city, in his office; and the common council are hereby required and directed, if need be, to prosecute the said bond or bonds, for or in behalf of, apd to the use of every person or to all persons whatsoever, who may have sustained loss by the neglect or misconduct of said constable or constables in executing the duties of said office; and suits or actions to be brought or prosecuted on said bond or bonds, shall and may be brought and prosecuted in the manner prescribed by the third section of the act entitled "An act respecting constables," approved April sixteenth, eighteen hundred and forty-six.

Constables

to serve pro

cess, &c.

Duties of

clerk.

Duties of treasurer.

No tax for roads out

28. And be it enacted, That it shall be the duty of the constable or constables so elected as aforesaid in said city, to preserve and maintain at all times, the peace and quiet of said city, to arrest and imprison offenders, against the ordinances of said city, or the laws of this state, to serve all process which may be issued by any police justice of the said city, and to perform such other duties, and under such penalties, as the common council of said city shall from time to time prescribe.

29. And be it enacted, That the clerk of said city shall keep, file, and when necessary, record all official papers belonging to the same; he shall attend all meetings of the common council of said city, and keep accurate minutes of the proceedings thereof; he shall give lawful notice of all such meetings, and of annual and special elections; he shall record in a proper book, to be provided for that purpose, all ordinances passed by said common council, and duly certify the same; and shall perform such other duties as the common council may from time to time prescribe.

30. And be it enacted, That the treasurer of said city shall (in addition to the duties of a collector herein before prescribed), receive and pay out all moneys belonging to said city, under the direction and authority of the common council, and shall, at least seven days previous to each annual election, make out a full and true account of all the moneys raised, by tax or loan, for the use of said city, since the last annual election, and of the application and expenditure of the same, and deliver the said account to the clerk of said city, and in default thereof shall forfeit and pay fifty dollars, to be by him filed in his office; and it shall be the duty of the said clerk to cause a copy of said account. to be set up in three of the most public places in said city, at least five days previous to the day of each annual election, and in default thereof, shall forfeit and pay fifty dollars.

31. And be it enacted, That no taxes shall be levied on side of city the persons or property within the limits of the said city by the authorities of the townships in which it is or may、

to be levied.

be located, for the improvement or repairs of the roads outside of the boundaries of the said city.

not incom

witnesses.

32. And be it enacted, That upon the trial of any issue, or Inhabitants upon the judicial investigation of any fact, to which issue petent as or investigation the mayor, clerk, and common council of said city are a party, or in which they are interested, no person shall be deemed an incompetent witness, or juror, by reason of his or her being an inhabitant or freeholder of said city; and if any person shall be sued or impleaded by reason of anything done by this act, it shall be lawful for such person to plead the general issue, and to give this act, and the matter in evidence at the trial.

33. And be it enacted, That in case it shall so happen by any means that the annual election, herein before provided for, shall not be held at the time designated therefor, as aforesaid, then the mayor and other officers of the said city, of the preceding year, shall continue to exercise their several offices, powers, and authorities, until an election shall be duly held; and it shall be the duty of the common council forthwith to appoint another day for a special election for officers of the said city, of which time the city clerk shall give ten days' notice as aforesaid, and which shall be conducted in all respects in the manner hereinbefore described for holding annual elections.

Special elecofcers may

tions for city

be called.

overseer of

34. And be it enacted, That the overseer of the poor of Duties of said city shall perform and discharge all the duties now the poor. required by law to be performed by overseers of the poor of the several townships of this state, and for that purpose it shall be the duty of the common council to pass all ordinances necessary for the regulating and better support of the poor within the corporate limits of said city; but in no case shall the said overseer or common council be entitled to receive any portion of the money which shall be raised for the support of the poor of the townships of Mullica and Galloway; nor shall said city be liable to pay any money for the support of the poor not residing within the limits of said city.

Act, when to take effect.

35. And be it enacted, That this act shall take effect on the second Monday in June next, or as soon thereafter as the officers then elected are sworn into office.

Approved March 16, 1858.

Act of cession and transfer to be filed.

Proviso.

CHAPTER CLIII.

AN ACT for the cession of portions of the roads of the Essex and Middlesex Turnpike Company, and "The Newark Turnpike Company," to the cities and townships in which they lie.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever the Essex and Middlesex Turnpike Company, or the Newark Turnpike Company, shall cede and transfer to any city or township of this state, in which their respective roads lie, any part of their said roads not heretofore so ceded pursuant to former legislative acts, and shall file one copy of such act of cession and transfer, in the office of the secretary of state, and another copy in the office of the clerk of the said city or township, the company so ceding as aforesaid any portion. of its road, shall be released and discharged from all authority and control over that part of its said road, and from all liability on account of the same; provided, that said "Essex and Middlesex Turnpike Company" shall not have authority to cede or transfer to any city or township any part of said road lying or being in the county of Middlesex (excepting so much as lies in the city of Rahway), without the consent of the common council or township committee

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