meetings are by law authorized to make and ordain; and, in addition thereto, may make ordinances or regulations on the subject of swine running at large in the streets or upon the public grounds, and for impounding such swine; and also for regulating the sidewalks within their respective wards, and to prevent the same from being obstructed or injured by persons riding or passing over or upon them with horses or oxen, or with wagons, carts, or carriages, of any description; and all such regulations and by-laws may alter, repeal, or amend, and enforce the same by imposing penalties on the offenders, not exceeding ten dollars for any one offence; which penalties may be sued for and recovered, for the use of the ward within which the offence may have been committed, by action of debt, with costs of suit, before any justice of the peace not residing in such ward, or any other court having cognizance thereof, in the name of the clerk of the said ward for the time being.

Town com

SEC. 23. And be it enacted, That the town committee, by and with the consent of any three of the said wards, expressed mittee may by their votes at any annual or other lawful meetings of the sell town busaid wards, shall have power to sell and convey, or otherwise rial grounds. dispose of, any grounds that have heretofore been purchased or used for town burying places, and to apply the moneys arising therefrom to the purchase of other grounds for the same use or to such other use or uses as any three of the said wards may direct at any such meetings as aforesaid.

be convened.

SEC 24. And be it enacted, That special ward meetings may Special ward be convened in any of the said wards, by the moderator there- meetings may of, or, in his absence, by the clerk of the ward, upon the application, in writing, of any ten inhabitants entitled to vote at town meeting and residing in such ward; which writing shall specify the objects for which such special meeting is called; and the moderator or clerk shall thereupon cause at least ten days' notice of the time and place of such meeting to be published in some newspaper or newspapers published in Newark, and set up copies thereof in at least three public places within the wards, specifying, in such advertisements and notices, the objects of the meeting, and by whom requested: and no other business shall be transacted or acted upon at such meeting but such as shall have been so specified.

missioners.

SEC. 25. And be it enacted, That the street commissioners, Additional in addition to the powers and duties heretofore prescribed to powers of them by law, shall have the superintendance of all the high- street comways and streets in the township of Newark, and the several overseers of the highways in the said township shall cause the said highways and streets in their respective districts to be worked, formed, repaired, levelled, and drained, in such manner, and upon such plans, as the said street commissioners shall order and direct.

Quorum of

SEC. 26. And be it enacted, That five members of the town- township ship committee shall constitute a quorum to do business, at any committee.

Elections for members of

regular meeting of the said committee, but a less number may adjourn; and the said committee may meet upon their own appointments and adjournment, and may ordain rules for their own government, and the same alter at pleasure: Provided the same shall not be contrary to this act or any other law of this state or of the United States.

AND WHEREAS the number of legal voters in the township of Newark has become so great, that it is almost impracticable, and tends to great disorder and confusion, to receive all the votes at one poll-Therefore,

SEC. 27. Be it enacted, That all clections hereafter to be held in the said township of Newark, for members of the legislative council and general assembly, sheriffs and coroners, and for congress, le- members of congress and electors of president and vice-presigislature, &c. dent of the United States, or for any other officers of the geheld in wards. neral or state government, that may be made eligible by the people, shall be held in the several wards into which the said township of Newark is divided by this act, on the day or days which now are, or which may hereafter be designated by law for such elections; that the polls shall be opened and closed at the hours prescribed by the laws of this state; that the judge and inspectors of elections, so as aforesaid directed by this act to be annually chosen in the said wards, shall preside at all such elections, and the clerks of the said wards shall be the clerks of all such elections in their respective wards; that every person who may by law be entitled to vote at any such election in the said township, shall cast or put in his vote in the ward in which he shall reside at the time of such election, and not elsewhere; and in case any person shall vote, or offer his vote, in a ward in which he is not by law entitled to vote, he shall be liable to the penalty prescribed by the seventh section of the act entitled, "A supplement to the act entitled an act to regulate the elections of members of the legislative council and general assembly, sheriffs and coroners, in this state," passed the first of June, in the year of our Lord eighteen hundred and twenty, and to be sued for and recovered as therein directed.

Penalty for voting in

ward not en

titled to.

Election in wards conducted in the

same manner as in townships.

SEC. 28. And be it enacted, That the said judges, inspectors, and clerks of elections shall take the same oaths, and conduct such elections, and make returns thereof, in the same manner as township officers of elections are or may be by law required to do, and shall be vested with the same powers, entitled to the same compensation, and subject to the same duties and penalties, as other judges, inspectors, and clerks of elections, in the several townships in this state are, or may be by law intrusted with, allowed, or made liable to; and in case of the absence, death, or incompetency to serve, of any such judges, inspectors, or clerks of elections, in any of the said wards, such vacancy or vacancies shall be supplied or filled up in the manner prescribed by law for supplying such vacancies in the several

townships of this state; and the clerks of the said wards respectively shall procure election boxes, for the use of their wards in such manner and of such description, as are required to be procured by the township clerks in this state, and be subject to the same penalties for neglecting to procure and keep in repair such boxes.

to transmit

SEC. 29. And be it enacted, That the clerk of the county of Essex shall procure at the expense of the county, printed copies of the seventh and eleventh sections of the act mentioned and referred to in the twenty-seventh section of this act, and County clerk transmit one copy thereof, together with a list of the nomina- lists, &c. to tions, to each ward clerk, who shall severally advertise the said each ward. elections, and put up such copies and lists of nominations at their respective polls, in the manner in which the clerks of the several townships are required by law to advertise and put up the same.

SEC. 30. And be it enacted, That the polls in the said seve- When polls ral wards shall be opened and held at such places in the said to be opened. wards respectively, as the inhabitants thereof at their last preceding annual ward meeting shall appoint.

AND WHEREAS the territorial limits of the said township of Newark are small, the population dense, and the public highways sufficiently numerous for all purposes of public travelling; and lands in the said township, and especially within the townplot, are owned in small parcels, and in most instances too valuable to be taken for public streets without compensation to the owners thereof: therefore,

SEC. 31. Be it enacted, That so much of the several acts of the legislature of this state, as relates to and prescribes, the mode of applying for and laying out, altering or vacating public or private roads or highways in this state, and so much of all and every of the said acts as relates to or limits the width of public roads or highways in this state, shall not hereafter be considered or construed to have any application to, or to be of any force or effect, within the territorial limits of the township of Newark in the county of Essex; but the whole of the said township shall be and is hereby exempted from the pro- Township visions and operation of the general laws of this state, so far as exempted they relate to the mode of applying for and laying out, alter- from general ing or vacating public and private roads and highways, and ing out roads, so far as relates to the width thereof.

laws for lay

Board of

SEC. 32. And be it enacted, That the two chosen freeholders of the township of Newark, the surveyors of the highways for the said township, and the four street commissioners for the time being, shall constitute a board of commissioners of streets and highways in and for the said township of Newark; commissionand that the said board of commissioners, after the second ers of streets Monday in April next, shall have the exclusive power of lay- & highways ing out, vacating and altering public streets and highways

streets, &c. made to township committee.

within the said township of Newark, under the restrictions, provisions and regulations prescribed in this act.

SEC. 33. And be it enacted, That whenever any person or persons shall desire or conceive it to be for the public advantage, to have a road or street laid out and opened, vacated, Application altered, widened, or extended, within the said township of Newfor opening ark, such person or persons may present a petition or application in writing to the said township committee, designating the place or places where, and the land or lands through or over which such road or street is proposed to be laid out, or extended, or the alterations proposed to be made in any street or highway already opened and used; which petition or application shall be delivered to the chairman or clerk of the said township committee; and the said committee, as soon thereafter as conveniently may be, shall take order thereon; and may, if they think proper so to do, refer such petition or application to the consideration of the said board of commissioners of streets and highways for their action thereon; and in such case the said township committee shall appoint a time and convene the place for the said board of commissioners to meet; of which board of com- time and place the said applicant or applicants shall give at least ten days notice in writing to each member of the said board of commissioners, and shall also cause notice thereof, together with a copy of the petition or application, to be put up in at least five of the most public places in the said township, for at least ten days prior to the time of meeting, two of which notices and copies, at least, shall be put up in the ward or wards in which such street is proposed to be laid out, altered or extended.

Who may

missioners.

Notice there

of to appli

cant.

Board may

lay out or open streets, &c.

Proviso.

Buildings of 100 dollars

SEC. 34. And be it enacted, That the said board of commissioners, or a majority of them, when assembled at the time and place appointed, shall first enquire and ascertain whether notice has been duly served on the absent members, if any shall be absent, and whether such notices and copies as aforesaid have been duly set up, as required in the preceding section; and if satisfied that the provisions of this act in these respects, have been fairly complied with, the said board of commissioners shall proceed to view and examine the premises over or through which such road or street is proposed to be laid out, altered, vacated or extended; and if the said board of commissioners, or a majority of the whole number of them, shall be of opinion that such proposed road or street, or alteration, vacation or extension of a road or street, shall be necessary or useful for the public, or beneficial to the town of Newark, they shall have power to lay out the proposed street or streets, or to alter, widen or extend any street or streets designated in the said application: Provided however, That the said board of commissioners shall not have power to remove, or order or cause to be removed, any dwelling house or other building of the value of one hundred dollars or upwards, without the con

tract.

sent in writing of the owner or owners thereof, or his or their value not to agent or agents authorized to act in the premises; nor shall be removed they lay out, widen or extend any road or street, over or upon but by conthe lands of any person or persons, without such consent, unless the applicant or applicants for such laying out, alteration or extension, or other person or persons conceiving themselves interested in having such road or street laid out, altered, widened or extended, shall pay or consent to pay to the owner or Owners of owners of such lands, such sum or sums of money, as the said land on board of commissioners or a majority of them shall direct, which streets and to perform such other terms or conditions as the said board are laid out, to be paid. of commissioners shall deem reasonable and proper; and in determining the sum or sums so to be paid, and the terms and conditions aforesaid, the said board of commissioners shall have due regard, as well to the value of the land, as to the injury or benefit to the owner or owners thereof by laying out, altering, widening or extending such road, street or streets.

made to coun

SEC. 35. And be it enacted, That if the said board of commissioners, or a majority of the whole number of them, shall agree to lay out, alter, widen or extend any road, street or streets, they shall make a report or return thereof in writing, Return of nnder their hands or the hands of such as agree thereto; desig- streets, &c. nating in such return, the beginning and ending, width, courses laid out, to be and distances of such road, street or streets, and the owner ty clerk to be or owners of the lands through or over which the same is or recorded. are laid out, altered, widened or extended, and the time when the overseers of the highways shall cause such road, street or streets to be opened, altered, widened or extended; and in case such road, street or streets shall be laid out, altered, widened or extended, upon any of the terms or conditions authorized by this act, then such return shall further specify and set forth, the sum or sums of money to be paid, to whom, and the time within which the same shall be paid: which return the said board of commissioners, or one of them, shall within twenty days after the time of meeting, deliver to the clerk of the county of Essex, to be filed and recorded: Provided Proviso. always, that if such return shall be a conditional one, in manner aforesaid, then the same shall not be recorded without the order of the court of common pleas of the county of Essex, first made for that purpose; which order the said court are hereby authorized to make, on reasonable notice of a motion therefor, given to the parties interested, and on due and satisfactory proof being made and filed, that the money has been paid or lawfully tendered, and the terms or conditions upon which such road, street or streets were laid out, altered, widened or extended, have been complied with, or the person or persons interested in the same otherwise satisfied and contented to have such return recorded: Provided always, that if Proviso. such payment or satisfaction shall not be made, or terms com