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for improving public

grounds

repairing

streets.

ing en

croach

planting

ing snow

and abating

for making

for lighting

wells,

ing main

a public

public grounds and walks, and for regulating, levelling, grading, paving, flagging, gravelling, improving, cleaning and reand walks, pairing the streets,avenues and sidewalks therein,for ascertaining and establishing (by appointing a borough surveyor or otherwise) the lines and boundaries of the same, and for prefor remov- venting and removing all encroachments, encumbrances and nuisances upon the same, and for regulating the plantments, for ing and protection of shade trees, for compelling the occushade trees piers and owners of lots to grade, curb, and have the sidewalks opposite their lots, and to keep the same and the gutfor renov ters swept and clean, and clear of snow and ice, and other and ice, impediments; for abating and removing all nuisances in nuisances, said borough, or in any street or other place or places in said borough; for causing common sewers or drains to be made, sewers and and granting permission to construct vaults in any part drains, thereof; for lighting the streets, and for the laying of gas streets, or other pipes in or under the same; for sinking and regu for sinking lating wells, cisterns aud pumps in said streets; for erecting, for erect maintaining, and regulating a public market in said botaining and rough; for erecting and maintaining such public buildings regulating as may be necessary or convenient in said borough; for premarket, venting persons from riding, driving or passing over or upon for erecting the sidewalks with horses, wagons, carts or carriages, or anbuildings, imals of any description, and for preventing the immoderventing ate riding or driving through or in any street or avenue in from driv said borough; for preventing or suppression of fires; for ing on side- compelling the cleaning of chimneys; for appointing watchmen and police and prescribing their powers and duties; for regulating the vending of meats and vegetables; for for com- regulating butchers, hawkers, pedlars, and petty chapmen; cleaning of for the more effectual suppression of vice and immorality; chimneys, for preserving peace and good order; for restraining vaing watch-grants, mendicants and street beggars; for suppressing and police and restraining disorderly or gaming houses or public gaming in prescribing said borough; for regulating privy wells; accepting new ties, streets and roads when opened for public use; for preventting butch- ing and restraining riots, routs, disturbances, or disorderly ers, hawk- assemblages, and for the carrying of concealed weapons in dlers, &c., any street, avenue, house or any other place in said borough; for the sup- for preventing the running at large of cattle, horses, goats, vice and geese dogs and swine, and for imposing a reasonable tax and pre- upon the owners or possessors of dogs; for prescribing and Serving to defining the duties of the several officers elected in said bo

public

from pre

persons

walks, and

from im

moderate driving,

pelling the

for appoint

men and

their du

for regula

ers, ped

pression of

immorality

for re

or gaming

ting privy

ing new

Open for

for pre

fraining

&C.,

for pre

rough, and such other ordinances for promoting the peace, training good order and prosperity of said borough as they may disorderly deem expedient, not repugnant to the constitution of this houses, state or of the United States; and to enforce the observance for regulaof all such ordinances, by prescribing a forfeiture (or pen- wells, alty) not exceeding fitty dollars, to be recoverable by action for acceptof debt, with costs, in any court of record in said borough, streets in the name of the "treasurer of the borough of Merchant- public use, ville," for the use of said borough, or they may prescribe Venung punishments therefor, by fine or imprisonment in the com- and remon jail aforesaid, or both, to be imposed by the burgess or riots, routs, any resident justice of the peace, the fine not to exceed fif ty dollars, and the imprisonment thirty days, and until the venting fine and costs be paid; all said ordinances shall be caused horses and to be published by printed or written hand-bills put up in goats, &c., five of the most public places in said borough by the bur- ning at gess thereof, for at least ten days before said ordinances for defining shall go into effect, and no ordinance shall be enacted or officers passed by said common council, unless the same shall have elected in been introduced before said common council at a previous. borough, meeting; the common council shall have power to appoint other ordia clerk, to be known as the borough clerk; also to appoint moting a borough treasurer, both officers to serve during the pleas-order, &c. ure of said common council.

cattle,

from rua

large,

duties of

nances pro

good

Shall pre

scribe pen

ordinances

ing fifty

ment not

thirty days.

how pub

lished.

9. And be it enacted, That a majority of the whole num- alty, for ber of members of common council that may be assembled, violation of exclusive of the burgess or presiding officer in council meet- not exceeding convened, shall have the sole, only and exclusive right dollars, or and power of granting licenses under the common seal of imprisonthe borough, to all and every inn-keeper and retailer of exceeding spirituous liquors, residing within the said borough, subject ordinances to the same provisions, and in like manner as the same may lawfully be done by the courts of common pleas in this state, How introexcept that they may grant them such a length of time, not duced. exceeding one year, as they may deem best; and they shall ncers aphave the sole, only, and exclusive right and power of licens-pointed, ing such and so many keepers of oyster houses and cellars, whole numand places for the sale of fermented liquors within said bor-ber of ough, upon such terms and conditions and under such council reregu- quired to lations as they may deem most conducive to the good of said grant liborough, and the amount assessed and paid upon granting all licenses, shall be paid to the borough treasurer for the use of said borough.

What of

Majority of

members of

censes.

Common council

may raise by tax

is neces

fraying ex

Proviso.

10. And be it enacted, That it shall be lawful for the common council of said borough to raise by tax, from year to such sum year, such sum of money as they may deem expedient for of money as defraying the necessary and contingent expenses of said bosary for de- rough, to be assessed by the assessor upon the value of the penses. real and personal property, and to be collected by the treasurer, to be subject to the order of common council; and it shall be lawful for said common council to borrow money, from time to time, for all such purposes as are authorized by this act, not exceeding one thousand dollars, and to secure the payment thereof by bond or other instrument under the common seal and the signature of the burgess, and to provide by tax for the payment thereof; provided, however, that any portion of the lands contained in said borough, and only used as farm lands contained in said borough, and used only as farm or unimproved lands, shall only be valued as such until the same shall be divided into building lots; and provided also, that nothing herein contained shall be construed to prevent the borrowing upon the best terms that can be obtained by the common council of said borough, any loan that may be ordered by any vote of the citizens at their annual elections; and provided also, that nothing herein contained, or any loan authorized to be raised or raised by the voters at their annual election, shall be construed to prevent the common council from constructing in all, a loan or loans to the amount of one thousand dollars as aforesaid, but at no time shall the outstanding loans originally made by common council at any time exceed the said sum of one thousand dollars.

Proviso.

Proviso.

Votes of

borough to direct by bollot what

be raised.

11. And be it enacted, That it shall be lawful for the voters of said borough, at the annual election, by ballot, (by sums and specifying the amount desired, and the object or objects to how it shall which it is desired to have it appropriated, and the manner in which it is desired to have it raised, whether by tax or loan, on the same ticket or ballot on which the name of those voted for the offices in said borough are written or printed) to direct to be raised by loan or by tax, from year to year, such sum or sums of money, in addition to that hereinafter directed or authorized to be raised by the common council of said borough, as they may deem expedient for the For repair- repairing of the streets of said borough; for improving the ing srreets. public grounds; for erecting and maintaining a public market house, and for all other purposes and objects author

For im

proving

grounds

ing and

market

all other

ized by this act; said loans so directed to be raised shall public then be made on the best terms that can be obtained by the and erectcommon council of said borough, and a certificate or certifi- maintaincates of loan, or a bond or bonds, be issued therefor, as in ing public other cases; and any sum or sums as herein before directed house, and to be raised by tax, shall be assessed by the assessor upon purposes the value of real and personal property, and collected in the by this act. same manner and at the same time as other taxes, and when such sums several sums of money are voted for, that receiving the sessed by highest number of votes, whether by tax or loan, shall be assessor raised.

authorized

to be as

and collected in same manner

as

tion of of

12. And be it enacted, That it shall be lawful for the com- and time mon council of said borough to pay the treasurer, clerk, ther assessor and other officers and agents of said borough, such Compensacompensation for their services as the said common council ficers. may deem reasonable and proper; provided, however, that Proviso. no salaries shall be paid to the burgess or common councilmen.

assessor

13. And be it enacted, That the assessor of said borough Duties of shall assess upon the persons and real and personal proper- and Treasty of the residents, and the property of non-residents within urer. the said borough, and that the treasurer shall collect all taxes, and shall make no deductions for any liabilities that may be against the property assessed, ordered by the common council of said borough, or by the voters thereof, at their annual election as directed or required to be assessed or collected within the said borough in the same manner as the assessors and collectors of townships are or may be by law required to assess and collect the state and county tax within their respective townships, and hold the same subject to the common council; and the assessor shall annually, between the first day of June and the first day of July, make the assessments required of him, and return his duplicate to the treasurer, not later than the said first day of July.

to demand payment of taxes, by

notice.

14. And be it enacted, That the treasureer shall, at least Treasurer one week before the day of appeal in case of taxation, demand of all persons taxed the amount of their tax, by notice served upon them personally, or left at their residence, if living in the borough, otherwise sent to them by mail, and shall at the same time give notice of the time and place of the meeting of the commissioners of appeal, and no other notices shall be required; and in case of the non-payment

To make out list of

of any taxes by the twentieth day of October, in each year, (excepting when it shall happen on a Sunday, then on the following day,) the treasurer shall make out a list of the delinquents names of the delinquents, with the sums due from them reto burgess spectively annexed, and deliver the same to the burgess or a or resident resident justice of said borough.

and deliver

justice.

administer

firmation.

Burgess or 15. And be it enacted, That it shall be the duty of the Justice ter said burgess, or justice of the peace, on receiving a list of oath or af- the names of such delinquents, to administer an oath or affirmation to the said treasurer, that the moneys in said list had been duly demanded on due notice given, or left at the usual place of residence of each delinquent who can be found, or who may then reside in said borough, and thereupon to give the said treasurer a receipt for such list, certifying therein the names of the delinquents, and the sums at which they are respectively assessed and taxed; and it shall also be the duty of said burgess or justice, within five days after the receipt of the list of the names of the delinquents, to make out and deliver to the constable or constables of said borough, 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 levy and collection of said taxes, and in the payment thereof, be governed by the laws of the state governing the same in the several townships.

To issue warrants.

Judges, inspectors and clerk

to take

oath or

16. And be it enacted, That the judge of election and the inspectors and clerk thereof, shall take the like oaths or afof election firmations, and conduct all elections in the same manner as township election officers are or may be required by law to affirmation. do, and shall be invested 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 supplying such vacancy or vacancies in the townships in this state; and the clerk of said borough shall procure ballot boxes for the use of said borough, in such manner and of such description as are required to be procured by the township

Clerk to procure ballot boxes.

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