Proviso. Duties of constables. 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 herein before 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 Duties of city clerk. Omcers of election, and puwers. tion of said city, and shall take the like oaths or affirma- 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 as witnesses. 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. 25. And be it enacted, That the chosen freeholders, the Chosen freeassessor, and surveyors of the highways of the said city of surveyors of highways. Salem, sball 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 conflict with 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 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. Former acts repealed. CHAPTER LV. An Act to reduce the number of freeholders in the county of Passaic. Number of freeholders reduced. Part of former act repealed. 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. CHAPTER LVI. A SUPPLEMENT to an act entitled "An act to authorize the partition of lands in cases where particular undivided shares therein are limited over,” approved March sixth, eighteen hundred and fifty-two. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That in all causes now pending, or which may hereafter be commenced in the court of chancery for partition of lands devised by a parent to his or her children, of which lands any share is limited over, the proceedings may be in conformity with the authority and practice of said court as the same were before the passage of said act; unless the said court shall otherwise order and direct. 2. And be it enacted, That this act shall take effect immediately. Approved February 25, 1858. CHAPTER LVII. A FURTHER SUPPLEMENT to the act entitled “An act for the settlement and relief of the poor," approved April tenth, eighteen hundred and forty-six. 1. BE IT ENACTED by the Senate and General Assembly of Part of forthe State of New Jersey, That so much of the second section pealed. of the act entitled “A supplement to the act entitled. 'An act for the settlement and relief of the poor,'" approved April tenth, Anno Domini eighteen hundred and fortysix, as provides that if the justices therein named shall find that the person or persons therein named, in respect to whose place of settlement said justices are thereby directed to examine, have no legal settlement within this state, they shall proceed to inquire in manner therein aforesaid, if he, she, or they shall have resided for six months continuously in any city, town corporate, or township within this state, and shall, by warrant, remove such person or persons to such city, town corporate, or township where they shall adjudge that such person or persons shall have last resided for six months, continuously, be and the same is hereby repealed. 2. And be it enacted, That if said justices shall find that where per such person or persons have no legal settlement within this ingat settle- state, they shall proceed to inquire in manner aforesaid, if he, she, or they shall have resided for twelve months, continuously, in any city, town corporate, or township within this state, and shall, by warrant, to be issued and executed in manner above directed, remove such person or persons to such city, town corporate, or township where they adjudge that such person or persons shall have last resided for twelve months, continuously, to be delivered to the overseer of the poor thereof, there to be provided for according to law. 3. And be it enacted, That this act shall take effect imme. Proceedings in cases state. diately. Approved February 25, 1858. |