of common council, in person, or left at their places of residence.

5. And be it enacted, That the poll of all elections under Mode of conducting elec this act shall be opened at eight o'clock in the forenoon, tions. and close at seven o'clock in the evening; and the same qualifications shall be required to entitle persons to vote, as are, or may be required at the township elections in this state; and the name of each elector voting at such election shall be written on the poll list by the city clerk; and after the poll shall be closed, the election board shall count the votes given for the several candidates, and certify the result 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, and shall hold their offices for one year and until others are elected in their stead and sworn into office, excepting the mayor, and common council as herein before provided for; and the first election which shall be held under this act shall be held by the officers of election chosen at the last annual election for officers of the township of Salem, who shall give due notice of the same in the manner now prescribed by law, and any vacancy in said board of election shall be filled as provided for by law in the townships of this state.

how sup

6. And be it enacted, That in case a vacancy shall occur in Vacancies, any of the offices mentioned in the preceding section, by plied. refusal to serve, by death, or for any other cause whatever, it shall and may be lawful for the common council to fill said vacancies until the next annual election; and the person or persons appointed to fill such vacancies, shall be entitled to the like compensation, and be subject to the same responsibilities and penalties, as if elected at the annual election as aforesaid.

take oath.

7. And be it enacted, That all officers appointed under Officers to this act, shall, before they enter upon the execution of their several offices, take and subscribe an oath or affirmation. before the common council of said city (who are hereby

Common

council may pass ordinances for

authorized to administer the same), faithfully and impar tially to perform their several duties, according to the best of their abilities and understanding; and that a like oath or affirmation be taken by the mayor and common councilmen first elected under this act before any justice of the peace, or judge, within six days after such election-such oaths or affirmations, in all cases, to be filed by the city clerk.

8. And be it enacted, That it shall and may be lawful for the common council of said city, or a quorum thereof, in the regula- council convened, to pass all ordinances for regulating, vernment of levelling, grading, paving, flagging, gravelling, improving,

tion and go

city.

cleaning and repairing the streets, sidewalks and alleys therein; for regulating the planting and protecting of shade trees, and for compelling the owners and occupants of lots to grade, curb, and pave the sidewalks in front thereof (provided that no owner or occupant of property shall be compelled to curb and pave more than forty feet in length on any one lot, in any one year), and to keep their pavements and gutters clean, and free from snow, ice, and other impediments; for preventing persons from riding, driving or passing over or upon the same with horses, wagons, carts, or carriages, of any description; for ascertaining and establishing the boundaries of all streets and alleys in said city, and preventing and removing all encroachments in and upon said streets or alleys; for preventing or regulating the running at large of cattle, horses, goats, geese, dogs, and swine; for imposing a reasonable tax on the owners or possessors of dogs; for preventing the immoderate riding or driving through or in any street or alley of said city; for abating or removing any nuisance in any street or wharf, or on any lot or lots or inclosure, or other place in said city; for causing common sewers or drains to be made, and granting permission to construct vaults in any part thereof; for lighting the streets of the same; for preventing or restraining riots, routs, disturbances, or disorderly assemblages, in any street, alley, house or place in said city; for regulating, protecting, improving and reclaiming the

public grounds or walks therein, and sinking and regulating pumps, wells, and cisterns in the streets thereof; for the maintenance of fire engines and hose companies, and for the prevention or suppression of fires; for compelling the cleaning of chimneys; for appointing watchmen, constables and an additional police, and prescribing their powers and duties; for regulating the vending of meats, fish, and vegetables; for regulating butchers, hawkers, peddlers, and petty chapmen within said city; for restraining vagrants, mendicants, and street beggars; for erecting and maintaining a city hall, a school-house or houses, with such other public buildings as may be necessary in said city; for regulating the public docks and wharves therein, and the rates of wharfage; for the more effectual suppression of vice and immorality; for preserving peace and good order; for suppressing and restraining disorderly and gaming houses; for prescribing and defining the duties of the several officers elected therein, and such other by-laws and ordinances for the peace, good order, and prosperity of said city as they may deem expedient, not repugnant to the constitution and by-laws of this state or of the United States, and to enforce the observance of all such laws by exacting penalties for the violation thereof, either by imprisonment in the county jail, not exceeding seven days, or by a fine not exceeding fifty dollars, recoverable with costs, in an action of debt in the name of the treasurer of said city, before any justice of the peace or the mayor thereof, for the use of the incorporation thereof; and further, it shall be lawful for any justice of the peace, or the mayor of said city, before whom judg ment of imprisonment may be given, to carry such judgment into effect by warrant of commitment, under their hand or seal, directed to the keeper of the county prison; provided Proviso. always, each and every ordinance so passed shall be published in five of the most public places in said city, and also twice in one or more newspapers published in said city, by the mayor thereof, for twenty days before said ordinance shall go into effect; and provided also, that no ordinance or by-law shall be enacted or passed by said

Provise.

Common council may raise tax.

Proviso.

Proviso.

Duties and powers of mayor.

common council, unless the same shall have been introduced before the said common council at a previous meeting.

9. And be it enacted, That it shall and may be lawful for the common council to cause to be raised by tax, from year to year, such sum or sums of money as may be necessary for carrying into effect the laws and ordinances from time to time enacted by them, and for defraying all other necessary expenses of said city, not to exceed in any one year the sum of forty-five cents on every one hundred dollars of taxable property of all kinds in said city, and from time to time to borrow money in the faith and in the name of said city, on bond, note, or other sufficient security; provided, that the sum so borrowed shall never amount, in all, to more than two-thirds of the estimated tax to be levied and assessed in any one year, nor be made payable at any period later than thirty days after the time fixed by law for the collection of said taxes; and it is further provided, that all lands within the limits of said city, held as farm lands and not for building purposes, shall be valued and taxed as farm lands, in the same manner as they are now taxed for township purposes, nor shall the owners and occupants thereof be required to curb and pave in front thereof, unless the same shall consist of a lot or lots lying between other lots used for building purposes.

10. And be it enacted, That the mayor of the said city for the time being shall have all the powers and authority of a justice of the peace of the state of New Jersey; he shall take cognizance of all fines, forfeitures, and penalties to be laid by the laws or ordinances of the common council of said city; he shall have power to cause any or all persons to be brought before him, who may be charged with violating the public peace, or disturbing the public tranquillity, or for a breach of any of the ordinances thereof; he shall have power to impose fines or penalties upon all persons so offending, and to cause them to be imprisoned in the county jail; and shall be during the time for which he is elected, vested with all the powers and functions, and be

bound by the same rules in criminal cases, as justices of the peace; and all officers and persons shall respect him as such; he shall have authority to take acknowledgment and proof of deeds; and it shall be his duty to see that all ordinances enacted by the common council of said city are duly published and enforced, and that no shows or exhibitions of any kind whatever shall be allowed in said city, without his express consent and license being first obtained in writing.

assessor.

11. And be it enacted, That the assessor of said city, shall Duties of assess upon the persons, and property of residents, and upon the property of non-residents, therein, and the city treasurer shall collect all such taxes as may be ordered by the common council to be levied, assessed and collected 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 the said assessor shall annually, between the twentieth day of June and the twentieth day of August, make the assessments required of him, and return his duplicate to the treasurer not later than the twentieth of September following.

give bond.

12. And be it enacted, That the treasurer of said city, and officers to the collector and marshal elected or appointed as aforesaid, before they enter upon the execution or duties of their respective offices, or be qualified to serve, shall repair to the common council, and enter into bonds, with such freehold security as the said council may approve, conditioned for the faithful performance of the duties of their respective offices, which said bonds, after the approval of the said common council shall be endorsed thereon, shall be delivered to the city clerk, who is hereby directed and required to file the same in his office, and may be sued and prosecuted as the bonds of the like officers in this state are or may be sued and prosecuted.

powers of

13. And be it enacted, That the marshal of said city is Duties and hereby empowered to arrest and take into custody, without marshal. warrant, any offender against the laws and ordinances of