lawfully hold and enjoy the said lands, tenements, or realestate, for his and their own use, against the owner or owners thereof, and all persons claiming under him or them, until his or her said time shall be completed and ended; provided, that the said town committee shall have first caused such sale to be advertised for at least sixty days, in at least one public newspaper, printed and published in said township, and if no newspaper shall be printed and published in said township, then in at least one public. newspaper printed and published in this state, and generally circulated in said town. ship, and also by advertisements put up in at least five pnblic places in the said township, which advertisements shall describe the said lands, tenements or real estate, and specify the amount of the tax or assessment thereon; and provided also, that the lands, tenements, or real estate so sold, may be redeemed by the owner or owners thereof, or by the mortga gee or mortgagees thereof, within two years from the day of the sale, on the payment of the amount of the purchase money with interest, at the rate of twelve per cent. per annum, from the day of sale, and all expenses necessarily incurred thereupon; and provided also, that in case the same shall be paid as hereinbefore provided by the mortgagee or mortgagees, then, and in that case the whole amount of that payment shall be recoverable under and--by virtue of the mortgage which the said mortgagee or mortgagees may hold upon the said real estate, in the same way and manner, in all respects, as if the same were included in and intended to be secured, by the said mortgage. Sec. 7. And be it enac'ed, That this act shall go into Proviso. operation on and after the 2nd Monday in April next; Pro- Act when to vided, it shall be approved by three-fifths of all the legal take effect. voters of the said township at a public meeting to be called for that purpose, upon ten days previous notice thereof, by written advertisements, to be set up by the township committee of said township, and it shall then if approved, be considered a public act. Passed February 29, 1844) Preamble. of city of New Brunswick.. AN ACT to alter and amend the charter of the city of New WHEREAS it has been found by experience, that the present charter of incorporation of the city of New Brunswick, is insufficient to answer the good purposes thereby intended: Therefore, Sec. 1. BE IT ENACTED by the Council and General As sembly of this State, and it is hereby enacted by the authority of the same, That all that tract of land situate, lying and being within the limits and boundaries hereinafter mentioned Foundaries and described, that is to say: Beginning at a point in Raritan river, distant ten chains on a course south fifty three degrees and fifty five minutes west, from the northwest corner of the foundation of a dwelling house, situate on the southwesterly side of the Delaware and Raritan Canal, thence south fiftythree degrees and forty-five minutes west, seventy-three chains and thirty-three links, thence south nineteen degrees and thirty minutes, east sixty-five chains and eighty links, thence south fifty-nine degrees and thirty minutes, east thirtynine chains and fifty links, thence south eighty-nine degrees, east forty-five chains and twenty links, thence north seven degrees, east forty chains to a point in the Raritan river, and thence up the said river, the several courses thereof to the place of beginning, containing in all about eight hundred acres, shall be, and the same is hereby ordained, constituted Style of in and declared to be a city and town corporate, and shall hencecorporation. forth be called, known and distinguished by the name of "the city of New Brunswick." Sec. 2. And be it enacted, That there shall henceforth be Officers of in the said city, a mayor, who shall be keeper of the common orporation. seal; a recorder, who besides the office of Recorder, shall in case of the absence, death or disability of the mayor, have, hold, use and execute, the several duties annexed to the mayoralty and every of them, during such absence or other disability; three aldermen, six common council men and one town clerk: which mayor, recorder, aldermen, and common council men shall be one body politic and corporate in deed, fact and name, by the name, style and title of "the mayor, recorder, aldermen and common council men of the city of New Brunswick, and by that name they and their successors forever hereafter, shall and may have perpetual succession and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever in all manner of actions, suits, complaints, matters and causes whatsoever, and they and their successors may have a common seal and use the same at their pleasure and also by their corporate name aforesaid, shall be in law capable of purchasing and holding and conveying any estate, real or personal for the public use of the said corporation: a majority of the said mayor, recorder, aldermen and common council men shall constitute a common council, and in the absence of the said mayor and recorder, the said common council may elect or appoint a presiding officer pro tempore, who during the time he presides shall be fully vested with the power and authority of the mayor, for the transaction of all the business of such meeting: Provided always, no bylaws nor ordinances of the said common council, shall pass without the concurrence of at least six votes. Proviso. Sec. 3. And be it enacted, That it shall and may be lawful for such of the inhabitants of said city of New Brunswick, as have resided within the limits thereof for one year, immediately preceding the election to be held for city officers, and who are in other respects legal voters, to assemble at the city Annual elechall in the said city, on the second Monday in May next, and tion of offi. then and there by ballot, and by a plurality of votes to elect a cers. mayor, recorder, three aldermen, and six common council men, a town clerk and city marshal, to hold their respective offices for one year and until their successors are elected and sworn into office, and on the second Monday in May yearly and every year thereafter, the inhabitants aforesaid shall and may hold a like election at such place in said city, as may be designated by the common council; the time of opening and closing the poll at said election, and the mode and manner of conducting the same, shall be prescribed by ordinance: Provided, that the poll shall be open at least from twelve o'clock noon, until seven o'clock in the afternoon; in case of a vacancy Vacancies, in either of the offices of mayor, recorder, alderman, or com- how sup mon council men, the common council may, at their discretion, plied. order a new election to fill such vacancy, at such time and place as they may see proper, giving at least ten days' notice thereof, which election shall be conducted in the same manner as the regular election; and in case of a vacancy in either of the offices of town clerk or city marshal, the common council shall, and may appoint a town clerk or city marshal, pro tempore. Sec. 4. And be it enacted, That the aforesaid officers shall, before entering upon the duties of their respective offices, and Officers to rmation. within thirty days after their election, take and subscribe an oath or affirmation for the faithful discharge and execution of take oath or the duties of their respective offices, or in default thereof, his or their election, as the case may be, shall be deemed void and of non-effect, and a new election may be ordered by the mayor, for the time being, to supply such vacancy or vacancies, the said oath or affirmation, or any oath or affirmation, required under this act, may be administered by any officer authorized to administer an oath by the laws of the State; and besides the oath required of the said city marshal, he shall, before he enters upon the duties of his office, and within the said thirty days after his election, enter into a bord to the mayor, recorder, aldermen, and common council men of the city of New Brunswick, with one or more sureties, to be approved of by the said common council, in such sum as they may direct, to give bond, conditioned for the true and faithful performance of all the duties of his said office of said city marshal, and if he neglect or refuse to enter into said bond, within the said period of thirty days, then his said election shall be deemed void and of non-effect, and a new election shall be ordered and held, to supply the vacancy, in the same manner as is prescribed in the case of the other afore mentioned officers.. City marshal Common council may make bylaws. common constituted a Sec. 5. And be it enacted, That the said common council shall and may pass, seal with the common seal, and publish such by-laws and ordinances, not repugnant to the laws of this State, or of the United States, as they may consider calculated to promote the welfare, good government, health and prosperty of the said city of New Brunswick, and the inhabitants thereof, and the same to put into execution, revoke, alter, amend and make anew, as to them, in their discretion, may appear necessary and proper, which by-laws and ordinances shall be published in one or more of the public newspapers of the said city, within twenty days after the passage thereof, for the general information of the said inhabitants. Sec. 6. And be it enacted, That the Mayor, Recorder, Mayor, Re- Aldermen and Common Councilmen of the City of New Corder and Brunswick, shall and may make, limit and impose, and tax, reasonable fines and amercements against all, and upon percouncilmen, sons who shall offend against the laws, ordinances and regucourt of rec- lations of the said common council, and the said mayor, recorder, or either of the said aldermen, is hereby constituted a court of record to take cognizance of all offences against such by-laws and ordinances, and punish all offenders against the same, by fine, not exceeding fifty dollars, and imprisonment in the jail of the county of Middlesex, not exceeding six days, together with the costs of conviction; and it shall and may be lawful for the said mayor, recorder, or either of the said al ord. dermen, upon complaint made on oath, of an offence committed against the said by-laws and ordinances, to issue his warrant to the marshal, or other executive officer, commanding him, in case such offender or offenders be sentenced to imprisonment, to convey him to the jail of the said county of Middlesex, there to remain until the term of imprisonment shall have expired; and from thence, until the costs of prosecution shall be paid; and in case the offender or offenders, shall be adjudged to pay a fine, then it shall and may be lawful for the said mayor, recorder, or either of the said aldermen, before whom such conviction may be had, to issue an execution to said marshal or other executive officer, commanding him to levy and make such fine and costs of the goods and chattles of the offender or offenders, and for want of goods and chattels, to take and convey such offender or offenders, to said jail, there to remain until such fine and costs shall be paid; and the said marshal is hereby required to execute the process aforesaid: Provided, always, that any person convicted of a breach of any by-law, or ordinance, may appeal to the common council, upon such terms and conditions as said common council may by ordinance impose; but such appeal shall be brought within thirty days after conviction. Sec. 7. And be it enacted, That the said common council Common shall, and may make and appoint a city treasurer, clerk of the council to ap. Sec. 8. And be it enacted, That the common council shall have the sole and exclusive power of licensing all and every innkeeper or tavernkeeper, residing within the bounds of the said city, subject to the same provisions, restrictions and regulations, and in like manner as the said licenses now are, or may at any time hereafter be granted by the laws of this State. Tavern li cences. Sec. 9. And be it enacted, That all actions to be brought for the recovery of any penalty or penalties, created or im- Action for reposed by any by-law, or ordinance, made and passed, or that covery of hereafter may be made and passed by the said common coun- penalties, &c. cil, may be brought and prosecuted in the name of the "Trea- how conduct surer of the city of New Brunswick," without specifying the individual name of the treasurer of the said city, for the time being; and the books of records of the ordinances and ed. 1 1 |