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Actions and proceedings before mayor as po

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may be by law entitled to use and exercise within their respective counties.

20. And be it enacted, That all actions and proceedings

before said mayor, as a police justice, under the provisions lice justice. of this act, shall as nearly as may be, be regulated by the

provisions of, and conducted in the manner prescribed in and by an act entitled "An act constituting courts for the trial of small causes," and the several supplements thereto, and that the court held by said mayor as police justice, in and for the said city of Elizabeth, 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. And said mayor, as a police justice, may, in all matters or causes pending before him, award and issue writs of sub

poena ad testificandum into any county of this state. Mayor au 21. And be it enacted, That the said mayor, as a police issue pro justice, shall be empowered, on oath, affirmation or affida

vit, made according to law, and filed in his office, that any person or persons has or have been guilty of a violation of any ordinance 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 be returnable in not less than five or more than fifteen days; that such process shall state the cause of complaint, and the time when it may be alleged to have been committed, and that on the return of such process, or at the time to which the said mayor as police justice, shall have adjourned the same, the said mayor shall proceed to hear testimony and to determine and give judgment in the matter without the filing of any pleadings; and that the said mayor as police justice shall, if judgment be rendered for the plaintiff, forthwith issue

execution against the goods and chattels and person of the Proviso. defendant or defendants; provided, that nothing herein con

tained shall prevent the enforcement of the ordinances of the said city in the manner herein before provided, or in the act to which this is a supplement.

made under oath.

22. And be it enacted, That no warrant, or process in the Complaints nature of a warrant, shall be issued by said mayor, as a 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 mayor, 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. 23. And be it enacted, That every person against whom Persons aga,

may judgment may be obtained before said mayor as police appeal. justice, for the violation of any of the ordinances of said city, shall have the right of appeal, in common with the city, to the higher courts, as in the case of civil suits before justices of the peace; provided, that so much of section Proviso. twenty-two of the act to which this is a supplement, as authorizes an appeal to the city council in any cases, be and the same is hereby repealed; provided also, that there Proviso. shall be elected, at the annual city election, as often as a vacancy may occur, one police justice in each of the wards of said city, who shall possess the like powers in all respects as are herein conferred on the mayor as a police justice, and who shall hold their offices for the like term and be commissioned in like manner as justices of the peace of the counties of this state.

24. And be it enacted, That the police officers appointed Duties and by the city council, shall, in addition to the authority con. police of ferred upon them by the ordinances, rules, and regulations of the city council, possess and have all the powers of constables within the city limits, for the purposes of preserving the peace and enforcing the ordinances of the city, and the city council is hereby authorized annually to designate the number of constables to be elected in each ward.

25. And be it enacted, That the city council shall have six per cent. power to add six per cent. to all taxes unpaid after the paid taxes. fifteenth of December, and an additional six per cent. on

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taxes.

mer act amended.

all taxes remaining unpaid after the fifteenth day of Jan

uary thereafter. Election of 26. And be it enacted, That there shall be one collector of collector of

arrears of taxes of the said city elected at the annual charter election, and said city council shall prescribe his duties and fix his compensation; and so much of the act to which this is a supplement, as provides for the election of collectors of arrears of taxes in the respective wards be and the

same is hereby repealed. Part of for 27. And be it enacted, That section twenty-five of the

"Act to establish the city of Elizabeth," be and the same is hereby amended so as to read “is prescribed in section twenty-seven," instead of the words "the constables in townships are directed by law” in the last line of said section twenty-five. And section five of the said act be so amended as to read, after the words “township elections" in the fifth line, as follows: "and the officers of said elections shall be eligible to any office to be voted for at such election."

28. And be it enacted, That the mayor and city clerk be missioners. and the same are hereby authorized severally to administer

the oath required to be taken by the school commissioners, in the same manner as the judges or clerk of the late bo

rough court were authorized and required to do. Board of city 29. And be it enacted, That no part of section five of the

act entitled "An act to establish the city of Elizabeth," shall be so construed as to authorize or empower the assessors and collectors of the respective wards to sit as mem

bers of the “board of city canvassers.” City council

30. And be it enacted, That in cases where the city council money. are authorized to make or levy any assessment for any of

the said improvements under this act, they shall be authorized to borrow the amount of any such assessment in anti

cipation of the collection thereof. Act, when to 31. And be it enacted, That this act shall not go into

effect until the electors of the said city of Elizabeth, at public meetings called in the respective wards for the purpose of approving or rejecting the same, shall by a vote of

Oaths of school com

canvassers.

may borrow

take effect.

a majority of the electors present, and voting by ballot, determine to adopt the same; such meeting shall be called forthwith by the mayor of the said city, to be held under the direction of the officers at the last annual state election held in said city, and at the same places and during the same hours, of which time and places, the mayor aforesaid shall give at least one week's previous notice by advertisement in the newspaper of said city, and posting it in the respective wards; and the electors entitled to vote, who are in favor of this act, shall each deposit a ballot with the word "Supplement” written or printed thereon; and those who are opposed shall each deposit a ballot with the words “No supplement" written or printed thereon; and a canvass and a return of the votes shall be made by the judges of election, to the mayor of said city, who shall lay the same before the city council at their next meeting, whereupon said council shall by a resolution declare the result.

Approved March 12, 1858.

CÌAPTER CXLV.

SUPPLEMENT to the act entitled "An act relative to the Court of

Pardons."

1. BE IT ENACTED by the Senate and General Assembly of Part of forthe State of New Jersey, That so much of the first section of pealed. the act to which this is supplementary, as requires the court of pardons to meet statedly at Trenton, on the third day of each regular term of the court of errors and appeals, be and the same is hereby repealed.

Statement of evidence to

by the attor

2. And be it enacted, That whenever any person is senbe presented tenced to the state prison, it shall be the duty of the pronoy general secuting attorney of the county in which such person was

convicted, to make a brief statement of the evidence upon which he or she was convicted, which statement shall be signed by the judge who presided at the trial, and forward to the attorney general of this state, who shall attend every session of the court of pardons, upon notice from the secretary of state, and on behalf of the state, present to the court the evidence upon which any applicant for pardon shall have been convicted.

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

Approved March 12, 1858.

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A FURTHER SUPPLEMENT to an act entitled "An act to enable the owners

of the swamps and bog meadows lying on the east and west branches of the Paulings Kill, in the township of Newton, in the county of Sussex, to drain the same," passed March first, eighteen hundred and thirty-six.

Preamble.

WHEREAS, by means of death and other causes, the mana

gers heretofore appointed under the original act, have ceased to act, and whereas the original act and supplement are deemed ineffectual in several respects to carry out the object contemplated thereby, therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Andrew Shiner, John Baxter,

Managers appointed.

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