said corporation, or by the mayor thereof, or any of the officers appertaining to the mayoralty.

3. And be it enacted, That the said mayor, recorder and aldermen, shall be freeholders in the said city, and justices of the peace, ex officio, within the said city, and shall be aphow to be pointed by the council and general assembly appointed, of this state, in joint-meeting, and commis

Mayor &c.

and by whom

sioned by the governor of the same, in the same manner as the judges and justices of the peace throughout the same are appointed and commissioned, and shall continue in office for the same time, and be amenable in like manner to the council and general assembly; and the said mayor, recorder and aldermen, shall severally take and subscribe the oath or affirmation of allegiance to this state, and also an oath or af-. firmation for the faithful discharge and execuqualified. tion of their respective offices, within twenty days after the receipt of their commissions, or his or their appointment or appointments shall be void; and the said mayor shall take the said oaths or affirmations herein before prescribed, before any one of the judges of the inferior court of common pleas, or justices of the peace of the counties of Somerset or Middlesex, and the said recorder and aldermen shall, within the same time, take the oaths or affirmations aforesaid, before the mayor or any of the said judges or justices, and every other officer to be chosen or appointed, shall take the said oaths or affirmations before the mayor, recorder, or one of the aldermen,

Commoncouncil

may

4. And be it enacted, That it shall and men, &c. be lawful for the freeholders, and such of the how elect- inhabitants of the said city of New-Brunswick,

ed, and

when;

as are by law qualified to vote for representa

tives in the general assembly, to assemble at such place, within the said city, as by the mayor, recorder, or any two of the aldermen, shall be appointed, on the second Monday in May next, and then and there, by plurality of voices, to elect six common-council men and one town-clerk, to hold their respective offices for and during one year, and until their successors shall be elected and sworn into office; and on the second Monday in May, yearly and every year, forever thereafter, the freeholders and such of the inhabitants of the said city of New-Brunswick, qualified as aforesaid, shall assemble at such place as may be directed by the common-council, and then and there, by plurality of voices, elect the like number of to serve for common-council men, and one town-clerk, to one year. hold their respective offices during the said term of one year, and until their successors shall be elected and sworn into office as aforesaid.

constitute

5. And be it enacted, That the said mayor, Who shall recorder, aldermen and common-council men, a commonor a majority of them, (of which the mayor or council. recorder shall always be one) shall constitute a common-council; and in all business to be done in and by the said common-council, a majority of the votes of the members present shall decide-Provided always, That no byelaws or ordinances of the said common council, shall pass without the concurrence of at least six votes.

6. And be it enacted, That the said mayor, with pow recorder, aldermen and common-council men, er to make of the said city of New-Brunswick, shall and bye-laws; may make, pass, seal with the common seal of the said city, and publish, such bye-laws and ordinances, not repugnant to the laws of this

Licence taverns.

Monies,

raised;

state, or of the United States, as they may con-ceive calculated to promote the welfare and prosperity of the said city of New-Brunswick, and the same to put in execution, revoke, alter and make anew, as to them shall appear necessary and convenient, and to appoint a city treasurer, city marshal, clerk of the market, assessor, collector, and such other subordinate officers as to them shall seem proper and necessary, for the good government of the said city, and by ordinance to require such security from the several officers as they may think proper; which officers, last aforesaid, shall continue in office during the pleasure of the common-council-Provided always, That no fine or penalty laid by any such bye-law, shall, in any case, exceed thirty dollars.

7. And be it enacted, That the said mayor, recorder, aldermen, and common-council men, or a majority of them, in common-council assembled, shall have the sole, only and exclusive power of licensing all and every inn-keeper, or tavern-keeper, residing within the bounds of the said corporation, subject to the same provisions, restrictions and regulations, and in like manner as the same may be lawfully done by the courts of general quarter sessions of the peace in this state.

8. And be it enacted, That the freeholders how to be and inhabitants of the said city of New-Brunswick, at their annual town-meeting, shall vote such sum or sums of money as they may think necessary to be raised for the ensuing year, for the exigencies of the said city; which sum or sums, shall be assessed upon the inhabitants by the assessor, agreeably to the laws and regulations to be made by the common-council of the said city for that purpose, and collected by

assessed;

and dis

posed of.

the collector at such time, and be paid and dis- collected, posed of in such manner as the common-council shall direct; and if no sum, or an insufficient sum, shall then be voted to be raised, and the interests of the city require it, the common-council are hereby authorized to call a meeting of the freeholders and inhabitants, by advertisement or otherwise, giving at least five days notice, and to propose to them the sum in their opinion necessary to be raised, and whatever sum the freeholders and inhabitants shall, by a plurality of voices, vote to be raised, shall be assessed and collected, paid and disposed of, in manner aforesaid-Provided always, That no tax shall be levied upon, or collected from any person, who, from his or her local situation, beyond the line of buildings in the said city, is not interested in the good purposes for which such tax is designed; And provided also, That every person in said city, who may think him or herself aggrieved by any fine, penalty or assessment, imposed on them in virtue of this act, may appeal to the common-council, who are hereby required to hear his or her cause of complaint, and to do therein what to them may appear just and equitable.

how to be

supplied.

9. And be it enacted, That in case a vacancy shall happen in the office of mayor and re- Vacancies corder of the said city, by death, resignation, removal or otherwise, in such case the aldermen shall meet together, and by plurality of voices choose one of their number, who shall have and execute the duties annexed to the mayoralty, until a mayor and recorder shall be appointed and commissioned according to law, and that as soon as may be convenient after such vacancy shall happen; and when by death,

be committed.

removal, or otherwise, any vacancy or vacan cies shall happen in any of the officers herein rendered elective by the freeholders and inhabitants of the said city, the mayor for the time being, is hereby required and directed, by advertisement or otherwise, giving at least five days notice, to call a meeting of the freeholders and inhabitants aforesaid, who, when assembled, are hereby authorized, by plurality of voices, to elect such and so many fit persons as are necessary to fill up the offices and supply such vacancy or vacancies; which officers so elected, shall be sworn in the manner aforesaid, and shall continue in office until the next annual election.

10. And be it enacted, That it shall and may Offenders, where to be lawful for the said mayor, recorder, and aldermen, or either of them, to commit every person or persons, offender or offenders, whom by law they or either of them are authorized to commit to gaol, or to imprison, to and in the gaol in the said city of New-Brunswick; and the keeper of the said gaol is hereby required to receive such person or persons, so committed, and him, her or them to keep in close and safe custody, until thence discharged by due course of law-Provided always, That nothing in this act contained shall authorize the said mayor, recorder or aldermen, or any or either of them, to commit to the said gaol any debtor or debtors not residing in the said city of New-Brunswick.

Property of former

11. And be it enacted, That all the lands, corpora tenements, hereditaments, goods, chattels and tion vested rights, whatsoever, of the corporation, known by the name of the "President, Register, Directors and Assistants of the city of NewBrunswick," be, and they are hereby vested

in this.