City treasurer's duties. City clerk's duties. Transcript of ordinances, names, &c. with the provisions of this act; and that the members of the city council of the said city, collectively and individually, shall possess the powers and perform the duties which by law belong to or are imposed upon members of the township committee of any township in this state, collectively or individually, so far as such powers and duties are consistent with the provisions of this act. 40. And be it enacted, That the city treasurer shall receive all moneys belonging to the city, and shall deposit and keep the same as directed by the city council, and shall keep an account of all receipts and expenditures in such manner as the city council shall direct, and shall perform such other duties appertaining to his office as may be required of him by law, or by any ordinance or resolution of the city council; the said treasurer shall, at the close of the fiscal year, make out a true and full account of the receipts and expenditures during the year, and also the state of the treasury, and within twenty days thereafter deliver said account to the city clerk, who shall lay the same before the city council at their next meeting; and if, upon examination, it shall be found correct, it shall be filed in the office of the city clerk; and it shall be the duty of the said clerk to cause a copy of the said account to be published in a newspaper printed and published or circulating in said city, within one week after the same shall have been filed in his office; the fiscal year shall commence on the first day of January in each and every year. 41. And be it enacted, That the city clerk shall keep the common seal, and all the records, books, papers and documents of the city, which shall be filed in his office; he shall countersign all licenses signed by the mayor, and keep the record of the proceedings of the city council, whose meetings it shall be his duty to attend; he shall engross all the ordinances of the city of Elizabeth in a book provided for that purpose, with a proper index, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in said book by the mayor or acting mayor, the president of the city council and city clerk. 42. And be it enacted, That copies of all papers duly filed in the office of the city clerk, and transcripts thereof, and of the records and proceedings of the city council, and copies of the ordinances of the said city, certified by him under the common seal, shall be evidence in all courts and places; he shall also receive and pay over to the treasurer all moneys which by any law, ordinance or usage are paid to the city clerk, and report to the city council monthly the amount of such receipts and payments. weights and 43. And be it enacted, That the city sealer of weights and City sealer of measures shall possess the powers and be subject to the obli- measures. gations conferred and imposed upon him by law, or by the ordinances of said city; and the standard of weights and measures of this state, for approving and sealing of the same in the several counties thereof, shall be the standard of weights and measures for the said city of Elizabeth; and on application for that purpose, the secretary of state of this state shall allow and assist the said city sealer of weights and measures to compare and adjust a corresponding standard of weights and measures for said city, and shall certify to and seal the same in the manner required by the first section of an act entitled "An act to establish a uniform standard of weights and measures in this state." street com 44. And be it enacted, That the street commissioner, city Powers of attorney, chief of police, and all other officers appointed by missioner, &c. the city council, not herein named, shall possess the powers and be subject to the obligations conferred and imposed upon them by law, or by the ordinances, by-laws, rules and regulations of the city council. neer. 45. And be it enacted, That the chief engineer of the fire Chief engi department, assistant engineers and firemen of said city, shall, during their term of service, be exempt from tax, not exceeding the sum of three dollars in each year, and from serving as jurors, or in the militia, in time of peace; exempt firemen, who have received, or shall hereafter receive certificates, under the common seal, that they have served as firemen in the said city for the term of five years, shall be exempt from further duty as firemen, and shall be and remain thereafter exempt from tax, not exceeding three dollars in each year, and from serving in the militia in time of peace. 46. And be it enacted, That the police justice elected in police justices each of the wards of said city, shall hold his office for the term of three years, and be commissioned in the like manner as justices of the peace in and for the several counties in this state, and be amenable in the like manner to the Senate and General Assembly; but the said police justice shall not, by virtue of his office, be authorized to hear and try any civil action, except such as may be brought to recover a penalty under the ordinances of the said city, in which cases he may act as a justice of the peace in his civil capacity. 47. And be it enacted, That every police justice shall be Powers. Proviso. Proceedings and regula tions. Police justices Jurisdiction. entitled to use and exercise the like power, authority and jurisdiction in all criminal matters and complaints arising in the city of Elizabeth, as the justices of the peace in and for the several counties of this state are or may be by law entitled to use and exercise, and any two police justices shall be authorized and empowered to hear, try and determine all such matters and complaints of a criminal nature as any two justices of the peace are or may be by law authorized and empowered to hear, try and determine; provided, that nothing herein contained shall be so construed as to constitute the said police justices, or any of them, members of the court of general quarter sessions of the peace in and for the county of Union. 48. And be it enacted, That unless otherwise directed, all actions or proceedings before any police justice, under the provisions of this act, shall, as nearly as may 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 every 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 in this state. 49. And be it enacted, That every police justice may, in all matters or causes pending before him, award and issue writs of subpoena ad testificandum in any county of this state. 50. And be it enacted, That every police justice shall be empowered, on oath or affirmation or affidavit, made according to law, and filed in his office, that any person or persons has or have been guilty of a violation of any of the ordinances 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 what ordinance the defendant or defendants named therein has or have violated; the time when and in what manner the same has been violated; and that on the return of such process, or at the time to which the justice shall have adjourned the same, the said justice shall proceed to hear testimony and to determine and give judgment in the matter without the filing of any pleadings; and that the justice shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and when to issue. 51. And be it enacted, That no warrant, or process in the warrant, nature of a warrant, shall be issued by any 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 justice, 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, nor shall a warrant in any case be issued against a freeholder. 52. And be it enacted, That every person against whom Appeal. judgment may be obtained before any police justice for the violation of any of the ordinances of the 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, and any such judgment may be docketed as judgments before justices of the peace. 53. And be it enacted, That the chief of police, assistants, Powers of and policemen appointed by the city council, shall (in addition constables. to the authority conferred upon them by the ordinances, bylaws, rules and regulations of the city council,) possess and have all the powers of constables within the city limits, for the purpose of preserving the peace and enforcing the ordinances of the city. TITLE FIFTH. OF THE BOARD OF COMMISSIONERS OF SCHOOLS, AND THE missioners. 54. And be it enacted, That the commissioners of public Board of comschools of the several wards of the said city shall constitute and be called "The Board of Commissioners of Schools of the City of Elizabeth," and the present commissioners of public schools in said city shall continue to constitute and be called "The Board of Commissioners of Schools of the City of Elizabeth." 55. And be it enacted, That the said board shall annually President and elect a president from its own body, and in his absence a president pro tempore, appoint its times and places of meet officers. Public schools Powers of board over public schools ing. and determine the rules of its own proceedings; it shall also appoint a secretary, who shall keep a journal of its proceedings, and perform such other duties as the board may prescribe; a majority of the whole number of commissioners shall constitute a quorum for the transaction of business, and no resolution or order of the board shall be adopted unless with the consent of a majority of the whole number of commissioners; the president of the board shall have power to call special meetings, whenever he shall deem it expedient. 56. And be it enacted, That the said board shall prepare and transmit to the city council of the city of Elizabeth, on or before the first day of May in each year, an estimate of the amount of moneys necessary for the support of public schools in said city during the year, which estimate shall specify particularly, under the several heads of repairs of school houses, salaries of teachers, school books, school furniture and school libraries, stoves and fuel, and incidental expenses, as nearly as may be, the several sums required for each branch of expenditure; and the said city council of the city of Elizabeth shall determine by resolution the amount of moneys to be appropriated to public schools during the year, including therein the quota of the city of Elizabeth of the annual appropriation made by the state for the support of public schools, and the school poll tax; and the said city council are hereby empowered to raise by tax such sum or sums of money for the support of public schools as they may deem expedient and necessary; and all moneys so raised and appropriated shall be expended by the said board for the support of public schools in the city of Elizabeth, according to the provisions of this act. 57. And be it enacted, That the said board shall take charge of the public school houses in the city of Elizabeth, and shall cause all necessary repairs to be made to the same; and are also empowered to establish public schools of different grades, adapted to the age and progress of the pupils, including evening schools for apprentices, minors and adult persons; to select and employ teachers; to provide school books, school furniture and school libraries for the schools; to purchase stoves and fuel, and incur such incidental expenses for the maintenance of the schools as may be necessary, and to adopt rules and regulations for the admission of pupils, the visitation and inspection of the schools, and the government and studies to be pursued therein; and the city council of the city of Elizabeth are empowered to purchase |