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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 can-
didates, 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 per-
sons 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 elec-
tion, shall be filled by the remaining of those four persons
6. And be it enacted, That in case of death, resignation,
inability, disqualification, neglect or refusal to act, or re-
moval 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 jus.
tices 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, mar-
shal, 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
8. And be it enacted, That the mayor is hereby invested
with all the powers which any justice of the said city may
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 con-
trol of the constables and police force of said city, and the
power to call upon the citizens for aid in all cases of insur-
rection, 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.
9. And be it enacted, That no police justice shall, by virtue
of his office, be authorized to hear and try any civil action
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.
10. And be it enacted, That every police justice shall be
entitled to use and exercise the like power, authority, and
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
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.
rected, all actions or proceedings before any police justice
Duties and powers of mayor.
Police justice not to try civil suits.
Duties and powers of police justices.
Court of police justice to be court of record.
Justices may issue subpoena, &c,
Justice may issue warrant or suitainous.
Complaints for violation of city ordinances to be made under oath.
under the provisions of this act, shall, as nearly as may be,
be regulated by the provisions of, and conducted in the man-
ner prescribed in, and by an act entitled “An act constitut-
ing 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
13. And be it enacted, That every police justice shall be
empowered, on oath, affirmation or affidavit, made accord-
ing to law, and filed in his office, that any person or per-
sons 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 a 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 judg-
ment be rendered for the plaintiff, forthwith issue execu-
tion against the goods and chattels and person of the
defendant or defendants; provided, that nothing herein con-
tained shall prevent the enforcement of the ordinances of
the said city in the manner hereinbefore provided.
14. And be it enacted, That no warrant, or process in the
nature of a warrant, shall be issued by any police justice
against any person or persons, on any complaint made as
aforesaid, for the violation of any of the ordinances of the said city, unless upon oath or affirmation made and filed before said justice, establishing to his satisfaction, by one or more particulars mentioned therein, that such process is necessary to secure the due enforcement of the ordinance, in the matter of said complaint, against such person or persons.
15. And be it enacted, That every person against whom judgment may be obtained before any police justice for the violation of any of the ordinances of the said city, shall have the right of appeal, in common with the city, to the higher courts, as in case of civil suits before justices of the peace.
16. And be it enacted, That it shall be lawful for a majority of the whole number of members of common council that may be assembled, in council meeting convened, to pass all ordinances for establishing a public ground, or grounds, and for reclaiming, improving, regulating and protecting the public grounds and walks, and for regulating, levelling, grading, paving, flagging, gravelling, improving, clearing, and repairing the avenues, streets, alleys or side-walks therein, for ascertaining and establishing (by appointing a city surveyor, or otherwise) the lines and boundaries of the same, and for preventing and removing all encroachments, incumbrances and nuisances upon the same, and for regulating the planting and protection of shade trees, for compelling the occupiers and owners of lots to grade, curb and pave the side-walks opposite their lots, and to keep the same and the gutters clear, and clear of snow and ice, and other impediments, for regulating wharves, docks and piers, belonging or about said city, and the rates of wharfage for all wharves in charge of, or owned by said city; for abating and removing all nuisances on or in the Mullicas, or Little Egg Harbor river, opposite the said city, and in any creek, street, wharf, or city, or other place in said city, and for preventing or removing all obstructions in the Little Egg Harbor river opposite the same, and for the regulation of the distances any wharf or wharves may be built out
Persons aggrieved may appeal.
Duties and powers of containorcouncil.
into the Little Egg Harbor river, opposite the same, for causing common sewers or drains to be made, and granting permission to construct vaults in any part thereof; for lighting the streets, and for regulating the laying of gas or other pipes in or under the same; for sinking and regulating wells, cisterns, and pumps in said streets; for erecting, maintaining and regulating public markets in said city; for erecting and maintaining a city hall, city prison, school houses and such other public buildings as may be necessary or convenient in said city; for the better regulation and support of the poor; for preventing persons from riding, driving, or passing over or upon the side-walks with horses, wagons, carts or carriages, or animals of any description, and for preventing the immoderate riding or driving through, or in any avenue, street or alley in said city, for the prevention or suppression of fires, for compelling the cleaning of chimneys, for appointing watchmen and additional police, and prescribing their powers and duties; for regulating the vending of meats and vegetables, for regulating butchers, hawkers, peddlers and petty chapmen; for the more effectual suppression of vice and immorality; for preserving peace and good order; for restraining vagrants, mendicants and street beggars; for suppressing and restraining disorderly and gaming houses, or public gaming in the said city; for preventing and restraining riots, routs, dis- . turbances, or disorderly assemblages, and the carrying of
concealed weapons in any street, alley, house, or any other place in said city, and on the Little Egg Harbor river opposite thereto; for preventing the running at large of cattle, horses, goats, geese, dogs and swine, and for imposing a reasonable tax upon the owners or possessors of dogs; for prescribing and defining the duties of the several officers elected in said city; and such other ordinances for promoting the peace, good order and prosperity of said city as they may deem expedient, not repugnant to the constitution of the United States, or of this state; and to enforce the observance of all such ordinances, by prescribing a forfeiture or penalty not exceeding one hundred dollars, to be