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Jailer of county to keep offend

ted by mayor.

said city, and to bring such offenders immediately before the mayor, who is hereby empowered to take cognizance of such offences; and that the said marshal shall have all the powers of any constable of said county, and shall be entitled to receive the same fees as constables, in all cases where constables are allowed to receive fees.

14. And be it enacted, That the jailer of the county of ers commit- Salem, for the time being, shall receive and safely keep all such offenders as shall be committed to the jail of said county, by the mayor of said city as aforesaid, for the term of his, her, or their imprisonment, as expressed in the warrant of commitment; and all the expenses of keeping said offenders in said jail shall be borne and paid by the said county of Salem.

Mayor and

common council to grant licen

ces.

Compensation of offcers.

15. And be it enacted, That the said mayor and common council, or a majority thereof, in council convened, shall have the sole, only, and exclusive right and power of granting license under the common seal of said city, to all and every innkeeper, and retailer of spirituous liquors residing in said city, in the like manner and on the same conditions as may now be done by the courts of common pleas in this state, except only that they may grant such license for any term not exceeding one year, as they may deem best; and they shall also have the sole, only, and exclusive right and power of licensing such and so many keepers of oyster houses and cellars, and places for the sale of fermented liquors, within said city, upon such terms and conditions and subject to such regulations as they may deem most conducive to the public good thereof; and the amount of license fees levied and assessed shall be paid to the treasurer for the use of the city.

16. And be it enacted, That the mayor of the said city of Salem shall not be entitled to receive any compensation for the performance of his official duties other than the fees which appertain to his office as a justice of the peace and a commissioner for taking the acknowledgment and proof of deeds; neither shall the members of common council be paid any compensation whatever for the performance of

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their official duties; the city clerk shall be paid fifty cents
for each meeting of councils he may attend, and six cents
per folio of one hundred words each for recording the ordi-
nances thereof.

make an

ment.

17. And be it enacted, That it shall be the duty of the city Treasurer to treasurer, once at least in each year, and as much oftener nual stateas the mayor and common council shall require, to make a statement of all moneys received and paid out by him, showing the source from whence received and to what applied, the amount of the indebtedness of the city, and the balance of funds in his hands; which when approved by the common council shall be filed in the office of the city clerk at least twenty days before the next annual election for city officers; and the city council shall cause the same to be published for two weeks in one or more newspapers published in said city, or to be set up in five of the most public places in said city, at least two weeks previous to the said election; and the treasurer shall be allowed for making out such statement, six cents per folio of one hundred words.

commis

appeal.

18. And be it enacted, That the commissioners of appeal Meetings of in cases of taxation shall convene annually, on the third sioners of Monday of October, to hear and determine all appeals; and they shall sit from 10 A. M. to 6 P. M., and longer, if found necessary to dispose of all the cases submitted to them for consideration.

make de

amount of

19. And be it enacted, That the treasurer shall, at least Treasurer to one week before the day of appeal, in cases of taxation, mand of demand of all persons taxed the amount of their tax, by tax. notice to them personally given, if to be found in the city, or left at their residence, if within the city; and in case of the non-payment of any taxes by the Monday next preceding the first Tuesday in November, the treasurer shall make out a list of the names of delinquents, with the sums due from each, and deliver the same to the mayor or a resident justice of the peace.

in case of

20. And be it enacted, That it shall be the duty of said Proceedings mayor or justice of the peace, on receipt of the list of de- non-pay

ment of tax.

Proviso.

Duties of constables.

Duties of city clerk.

Officers of election,

linquents as aforesaid, to administer an oath or affirmation. to the said treasurer, that the moneys on said list had been duly demanded, in the manner hereinbefore directed, and thereupon to give to said treasurer a receipt for such list, certifying therein the names of such delinquents, and the sum due from each respectively; and it shall be the duty of the mayor, or justice, within five days after receipt of said list, to deliver to a 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 taxes; and the said constable or constables shall, in the collection thereof, be governed by the laws of this state regulating the same in the several townships thereof: provided always, that said constables shall not be entitled to charge fees on account of any name mentioned on said warrant, unless the tax due from said delinquent be actually collected.

21. And be it enacted, That it shall be the duty of the constable or constables appointed 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, and to perform such other duties, and under such penalties, as the common council of said city shall from time to time prescribe.

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

23. And be it enacted, That the judge of election, assessor, their duties and collector of said city shall constitute the board of elec

and powers.

tion of said city, and 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; shall be vested with the same powers and authority, entitled to the same compensation, perform the like duties, and be subject to the same penalties, as the like officers of this state; and in case of the absence, death, incompetency, or refusal to serve of any of the said officers of election, such vacancy or vacancies shall be supplied in the manner prescribed by law for supplying such vacancies in the several townships of this state; and the clerk of said city shall procure ballot-boxes for the use of said city, of such description as are required to be procured by the township clerks of this state, and be subject to the same penalties for a failure to procure such boxes, or to keep the same in repair.

of city not

as witnesses.

24. And be it enacted, That in the trial of any issue, or in Inhabitants the judicial investigation of any case, to which issue or in- incompetent vestigation the mayor and common council of said city are a party, or in which the said city is interested, no person shall be deemed an incompetent witness or juror, by reason of his or her being an inhabitant or freeholder in 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.

Chosen freesurveyors of

holders and

highways.

conflict with

25. And be it enacted, That the chosen freeholders, the assessor, and surveyors of the highways of the said city of Salem, shall perform all the duties, and exercise all the powers in the county organization, which said officers of the township of Salem now exercise and perform therein. 26. And be it enacted, That nothing in this act shall be Act not to construed to conflict or interfere with the provisions of the former acts. special acts now in force for the support and regulation of the public schools in the township of Salem, nor with any laws of the state regulating the number of and mode of electing the justices of the peace in the several townships thereof.

Mayor and council to take oath.

Property vested in

city.

Former acts

repealed.

27. And be it enacted, That the mayor and members of common council to be elected by virtue of this act, shall take the oath or affirmation prescribed, on or before the third Tuesday in March, next after their election.

28. And be it enacted, That all the property now vested in the township of Salem, shall be, and is hereby vested in the corporation of the city of Salem.

29. And be it enacted, That all laws of this state inconsistent with the provisions of this act, are hereby repealed. 30. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1858.

Number of freeholders reduced.

Part of for

mer act re

pealed.

CHAPTER LV.

AN ACT to reduce the number of freeholders in the county of Passaic.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That hereafter the qualified electors of the city of Paterson shall, at their annual city election, choose but one freeholder from each ward of said city.

2. And be it enacted, That all acts or parts of acts conflicting with the provisions of the first section of this bill. be and the same are hereby repealed.

3. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1858.

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