OCEAN CITY SENTINEL. THURSDAY, MAY 9, 1895. BY AUTHORITY. LAWS OF NEW JERSEY. CHAPTER CCLXVIII. An Act authorizing any town, township or borough or part thereof, containing a population exceeding five thousand inhabitants, to be incorporated as a city, after a vote of the people, and providing for the government and powers of such cities. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the inhabitants of any town or borough, or of any township or part thereof, which had by the census of the United States taken in the year one thousand eight hundred and ninety, or which may have by any census hereafter taken under authority of any act of congress or of the legislature of this state, a population exceeding five thousand inhabitants, may become a body politic and corporate in fact and in law, by the name and title of "the mayor and city council of _____" (specifying the name to be borne by such city), whenever at any special election called for that purpose, or at any town or charter meeting or election at which the question of incorporating under this act is submitted, as hereinafter provided, it shall be so decided by a majority of the voters thereof voting at any such election; none of the provisions of any general or special act relative to cities in this state shall apply to cities organized under this act, nor shall any such act hereafter enacted so apply, unless the same shall be a supplement to this act, or such future act shall by its terms be made applicable to cities incorporated under this act.

2. And be it enacted, That the council, township committee or other governing body of any such town, borough or other township, upon the petition, in writing, of at least fifty resident freeholders, which petition must designate the name proposed for said city and the boundary lines of the district intended to be so incorporated, except where a whole township, town or borough is proposed to be erected into a city, in which case it shall only be necessary to state in the petition the fact that the boundary lines of the city are to be concurrent with the lines of such existing town, township or borough, may, by the votes of the majority of all the members thereof, pass

a resolution or ordinance for the holding of a special election in such town, borough, township

or part thereof for the purpose of deciding whe-

ther such town, borough, township or part thereof shall become incorporated as a city under the provisions of this act, which resolution or ordinances shall prescribe the time and place or places

of holding such special election and such other regulations respecting the same as may be deemed necessary and proper; provided, however, that instead of providing for a special election such resolution or ordinance may provide for submitting the question of incorporating as a city under this act to the voters of such town,

borough or township, or part thereof, at the town charter meeting or election to be held next thereafter.

3. And be it enacted, That if a special election be called, notice of the same shall be given by advertisement published in one or more newspapers of such town, borough or township, and if there be none, in at least two newspapers pub-

lished in the county and circulating in such town, borough or township, at least once, and by printed notices posted in at least one hundred conspicuous places therein, at least ten days next preceding the time appointed for such election, which advertisements and notices shall specify the time, place or places and the object and purpose of holding such election; and in cases said resolution or ordinance provides for submitting the

question of incorporating as a city under this act at a town or charter meeting or election, notice thereof shall be given by advertisement published in one or more newspapers of such town, borough or township, and if there be none, in two newspapers published in the county and circulating in such town, borough or township for two weeks successively, next preceding the day appointed by law for holding such election, at least once in each work, and by printed notices published in at least one hundred conspicuous places therein, at

least fifteen days prior to the day appointed by law for holding such election, which advertisement and notices shall set forth that the question

of incorporating as a city under the provisions of this act will be submitted at the next ensuing town or charter meeting or election.

4. And be it enacted, That any special election held under the provisions of this act shall be by ballot, and shall be held and conducted under the general acts respecting elections, and the votes shall be canvassed and counted in the manner provided by law for canvassing and county votes at town or local elections held in such town, borough, township or part thereof; the ballots shall contain the words "for incorporation as a city under the act entitled 'An act authorizing any township or borough or part thereof containing a population exceeding four thousand inhabitants to be incorporated as a city, after a vote of the people and providing for the government and powers of such cities,'" or "against incorporation as a city under the act entitled 'An act authorizing any township or borough or part thereof containing a population exceeding four thousand inhabitants to be incorporated as a city, after a vote of the people and providing for the government and powers of such cities,'" and in case the question of incorporated as a city under this act shall be submitted at a town or charter meeting or election, the words "for incorporation as a city under the act entitled 'An act providing for the incorporation and government of cities,'" shall be printed on each ballot beneath the list of candidates thereon, if said words or proposition be marked off or defaced upon the ballot it shall be counted as a vote against the same; if not marked off or defaced the ballot shall be counted as a vote in favor thereof; if a majority of the votes so cast at any special town or charter meeting or election shall be in favor of incorporation as a city under this act, then within three days after the result of the election shall have been declared, a certificate of the result of such election, signed by the chairman of the council, committee or governing body of such town, borough, township or part thereof, and attested by the clerk thereof, together with certified copies of the petition, ordinance and statement of the board of canvassers or election officers, who canvassed the vote, and proof by affidavits that due notice of such election was given, shall be filed with the secretary of state, and from and after filing the same such town, borough, township or part thereof, shall be and it is hereby declared to be a body politic and corporate in fact and in law by the name and title aforesaid, and by said name and title shall have perpetual succession, sue and be sued, prosecute and defend in all courts of this state; have a common seal and alter the same at pleasure, and purchase, hold and convey real and personal property for the use and of the city.

5. And be it enacted, That it shall be the duty of the council, township committee or other governing body of such town, borough, township or part thereof, which shall have voted as aforesaid for incorporation as a city under this act, to divide such city into not less than three wards; each ward shall consist of contiguous territory, and each shall contain as nearly as possible an equal number of inhabitants; provided, however, that such division into wards shall be made at least one month before the first annual city election held under this act; and provided, further, that where any town, borough, township or part thereof shall have been divided into three or more wards before adopting this act, such division shall continue, and such existing wards shall constitute the wards of the city as formed and incorporated under this act; and further, that the city council may be empowered once in four years, or upon the addition of new territory, if it shall be deemed needful to increase, revise and alter the existing wards in such manner as to secure an equal division of inhabitants in each.

6. And be it enacted, That the officers of any town, borough, township or part thereof, which has voted as aforesaid for incorporation as a city under this act, who shall hold office at the time of filing the aforesaid certificate with the secretary of state, shall continue to hold their respective offices until the first day of May next succeeding the first annual city election held under this act, and shall in all things be subject to the provisions of this act in the same way as if they had been elected hereunder; and no surety of any such officer shall be discharged from liability on account of any change made in the duties of such officer by this act, unless, within five days after this act becomes operative in such city, he shall, in writing, notify the council of his intention to withdraw from his suretyship, in which case he shall be discharged from liability from the time this act becomes operative in such city; and the council may require such officer to furnish new additional sureties in place of the ones withdrawing as aforesaid; and if he fails or neglects so to do, the council may declare his office vacant, and may fill such vacancy in the manner hereinafter prescribed for the filling of vacancies.

7. And be it enacted, That the council or governing body of the city may fill by appointment all such offices herein provided for which did not exist in the town, borough, township or part thereof of which it is the successor; and all such appointments to elective offices shall hold only until the first day of May next succeeding the first city election held under the provisions of this act, and all other such appointments shall hold only until the first day of June next thereafter.

8. And be it enacted, That any city which may be formed or incorporated under the provisions of this act shall take, hold, possess and enjoy and become absolutely vested with all the rights and property of the town, borough, township or part thereof of which it is the successor, or if part of a township is incorporated the rights and property embraced within the district incorporated, and shall be responsible for and liable to all contracts, debts and obligations of such town, borough or township, or in case a part of the township, then its equitable share thereof; and further, that whenever a majority of the voters of any adjoining borough, township or part thereof shall desire to be annexed and incorporated within the limits of any city incorporated under this act, and shall so express their willingness by petition of its governing body to the city council, it shall be lawful for the mayor of the city, with the approval of a two-thirds vote of the city council, to submit such proposal to a vote of the people of the city at a special or annual election; and if a majority of the voters shall be in favor of enlarging the limits of the city and accepting the proposal, then to take all necessary legal action, if any, to receive the said district into the city limits; and upon the acceptance of the proposal by the city, said borough or township government shall be deemed dissolved within the said territory and the said territory shall become a part of the said city.

9. And be it enacted, That the city and ward officers of the city shall be a mayor, a city council, consisting of one councilman from each ward, a city clerk, a receiver of taxes, a city treasurer, a city attorney, an assessor, a recorder, a board of commissioners of appeal, consisting of one member from each ward, an overseer of the poor, one or more city surveyors, one or more poundkeepers, a board of education, consisting of one member from each ward, a board of excise commissioners, consisting of five members, a health inspector and a city physician, three commissioners of assessment, a chief of police and a chief engineer of the fire department, two constables in each ward, a street commissioner and such number of justices of the peace as the city may be entitled to under the constitution and laws of this state; and all cities incorporated under this act shall be entitled to be represented by not less than two freeholders in the board of chosen freeholders of the counties in which they are respectively chosen or as now allowed by law; provided, however, that in any city to which this act applies which shall at any time have a population exceeding ten thousand inhabitants, as shown by any national or state census, there shall be two councilmen and two members of the board of education and one assessor from each ward, and at the first election held under this act in cities in which two are to be elected from any ward one shall be elected for one year and one for two years, and annually thereafter one shall be elected for two years, except in case of a vacancy; the assessors of the various wards in cities electing by wards shall constitute a "board of assessment," and a majority of said board shall have authority to determine and equalize all valuations of property in such city, and such cities shall have as many votes in the board of county assessors in the county in which such city is as there shall be wards in any such city.

10. And be it enacted, That the mayor, councilmen, city clerk, city collector, assessor, constables, members of the board of education and commissioners of appeal shall be elected at an annual city election; the city treasurer, city attorney, recorder, health inspector, overseer of the poor, chief of police, city surveyors, commissioners of assessment and poundkeepers shall be appointed by the council in the manner and for the terms hereinafter provided; the chief of the fire department shall be elected in the manner and for the term hereinafter provided, by the active members of the fire department; provided, that in cities to which this act applies having more than ten thousand inhabitants, that the city clerk shall be appointed by the city council, and the treasurer, receiver of taxes, chief of police and chief of the fire department shall be nominated by the mayor and be appointed by him by and with the advice and consent of the city council by a majority of the whole number of councilmen.

11. And be it enacted, That the annual city election after the first shall be held on the second Tuesday in April in each year, between the hours of seven o'clock in the morning and seven o'clock in the afternoon, at the place or places in each ward designated by the council, in the same manner and under the same regulations in all things as is prescribed by law for election of members of the general assembly of this state; notice of the time and place or places of such election and of the officers to be chosen shall be given by the city clerk at least two weeks before the day of election, by publication in one or more newspapers of the city, and if there be none, by publication in at least one newspaper published in the county in which the city is situated and generally circulating in the city; no person shall be permitted to vote at any such election unless he is an actual resident of the election district in which he offers his vote; immediately after the polls shall be closed at any such election the election officers of each election district shall count the votes given for the several candidates, and certify under their hands the number given for each, and publicly announce the same; and within twenty-four hours thereafter they shall deliver one such statement to the judge or inspector, who shall be delegated to attend the meeting of the board of city canvassers, and one to the city clerk and one to the county clerk, to be by them filed in their respective offices.

12. And be it enacted, That the person or persons receiving the greatest number of votes of those given in each ward respectively, for any office in or from the ward, shall be declared to be elected.

13. And be it enacted, That the board of city canvassers shall consist of one judge or inspector of election from each election district in the city, who shall be appointed for that purpose by the other election officers (excluding the clerk) of such district, a majority of the board shall constitute a quorum, and the city clerk shall be clerk of said board; the board shall meet on the Friday next after such election, at three o'clock in the afternoon, at the city hall or place designated by the city council, and shall choose one of their number to be chairman thereof; if the city clerk shall fail to attend, the board may appoint one of their own number to be clerk thereof; thereupon the members of the board shall produce the statements which shall have been delivered to them as aforesaid, and lay the same before the board, and from such statements the board shall proceed to ascertain the votes given at such election for the several officers voted for thereat; provided, however, that if for any reason, any member of such board shall fail to produce such statement, that then, on the request of the board, the city clerk shall produce and lay before the board the statement filed with him, and the same may be used with the like effect as if it had been produced by the member so failing to deliver his statement.

14. And be it enacted, That the said board of canvassers shall make a written statement of the number of votes given for the several officers to be elected for said city and the several wards thereof, the names of the persons for whom such votes were given and the number of votes given for each; that upon such statement said board shall proceed to determine and declare what person or persons have received the greatest number of votes for each of the officers mentioned in such statement; the statement and final declarations of the board shall be certified to by the presiding officer and clerk, and shall be filed with the city clerk and be by him recorded in a book to be kept for that purpose, and within two days after such canvass of the votes, the city clerk shall deliver to every person elected to any city or ward office a certificate thereof, under the seal of the city.

15. And be it enacted, That if at any such election there shall be a failure to fill any office, except that of councilman or member of the board of education, commissioners of appeal and board of excise commissioners, by reason of two or more persons having received an equal number of votes therefore, the city council then in office shall by ballot elect one of the persons so receiving an equal number of votes to fill such office until the next city election, when the unexpired portion of the term (if any) shall be filled by the electors of the city; and if there shall be a failure for like cause to fill the office of councilman or member of the board of education, a new election for such officer or officers shall be immediately ordered by the city council.

16. And be it enacted, That no person shall be eligible to any office under this act unless he shall have rseided in the city for the period of at least two years, and no person shall be eligible to any ward office unless he shall be an actual resident of the ward; and no person shall be eligible to any office unless he is a citizen of the United States; provided, however, that when any person elected or appointed to any city or ward office shall remove from the city or ward his office shall thereby become vacant.

17. And be it enacted, That in case a vacancy occurs by reason of the death, resignation, inability, disqualification, removal or refusal to serve of or by any city or ward officer, elected as aforesaid, it shall be lawful for the city council to fill such vacancy by the appointment ofa suitable and qualified elector to hold until his successor shall have been duly elected and qualified, and the unexpired portion of the term (if any remain) shall be filled at the city election to be held next after such appointment; provided, however, that in case any such vacancy shall occur in the board of education, said board of education may fill such vacancy by appointment until the next city election, when the vacancy shall be filled by the electors of the city; provided, that if at any city election there shall be a vacancy in any office to be filled and at the same time an election for a full term of such office, the term for which each person shall be voted for shall be designated on each ballot cast therefor.

18. And be it enacted, That in case any such vacancy as aforesaid shall occur in any office which is filled by appointment or election by the city council, the said city council shall have power to fill such vacancy by the appointment of a suitable person to hold for the unexpired portion of the term of such office.

19. And be it enacted, That every person elected or appointed under this act to any office, shall, within ten days after such election or appointment, take and subscribe before an officer qualified to administer oaths, an oath or affirmation, faithfully and impartially to execute the duties of his office according to the best of his ability and understanding, which oath or affirmation shall be filed in the city clerk's office, and if any person so elected or appointed shall fail so to qualify, then his office shall be deemed vacant, and may be filled in the manner hereinbefore provided.

20. And be it enacted, That the city clerk, city treasurer, receiver of taxes and such other officers as the city council may require, before they enter on the duties of their office and within such time as the board of council may by ordinance prescribe, shall give bonds to the city in its corporate name in such sums and with such sureties as the board of council shall require and approve for the faithful performance of their duties, which bonds, when so given, shall bind the obligors therein named until the successors to the officers given the same shall be actually inducted into office, and if any officer shall fail or neglect to give bonds in the sum or with the sureties or within the time required by such ordinance, the council may declare such office vacant, and such vacancy shall be filled in the manner hereinbefore provided.

21. And be it enacted, That the official terms of the several officers who shall be elected under this act at any election after the first shall commence on the first day of May next succeeding their election; and the term of any officer who shall be appointed by virtue of this act shall commence on the first day of June next succeeding his appointment, except in cases otherwise provided for in this act, and every officer shall hold his office during his official term and until his successor shall have been duly elected or appointed and shall have duly qualified.

22. And be it enacted, That it shall be the duty of every officer in said city within ten days after the expiration of his term of office or his removal therefrom, to deliver to his successor in office, or to such person as the city council may appoint, all books, records, papers, vouchers and property of every kind in his possession or under his control, belonging to said city or appertaining to such office, and for a failure so to do he shall forfeit and pay to the city the sum of five hundred dollars, to be sued for and recovered in the name of the city with costs.

23. And be it enacted, That the salaries and compensation to be paid to the mayor, councilmen, city clerk, the receiver of taxes, the city treasurer, the city attorney, the recorder, the assessor, the chief of police, health inspector, city physician, street commissioner, members of the police force, the overseer of the poor, the city surveyors, poundkeepers, commissioners of appeal and commissioners of assessment, and all other public officers shall be fixed by ordinance, and the salary or compensation of any officer which has been fixed as aforesaid shall not be increased or diminished during his term of office, and all fees paid to any of said officers for any services required of them by this act or by any ordinance or resolution of the city council, shall immediately after the receipt thereof be paid by such officer to the city treasurer for the use of the city unless herein otherwise specially provided.

24. And be it enacted, That all officers of the city shall be governed by such general ordinances as the city council may from time to time adopt, not inconsistent with the provisions of this act and the laws of this state, and every officer may be removed from office for cause by a two-thirds vote of all the members of the council, but no such removal shall take place until the person sought to be removed shall have had an opportunity of being heard in his own defense; but the provisions of this section shall not apply to any member or officer of the board of education.

25. And be it enacted, That the city clerk shall hold office for the term of two years, and shall, in addition to the duties required of him by this act or any other law of this state, have charge of all the records, books and documents of the city, except when the city council shall otherwise direct; he shall keep a record of the proceedings of the council; he shall engross all ordinances in a book to be provided for that purpose, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in said book by the chairman of the council and said clerk; copies of all papers duly filed in the office of the city clerk and transcripts thereof, and of the records and proceedings of the board of council and copies of the ordinances of said city, certified by the said clerk under the corporate seal of the city, shall be evidence in all courts and places; the city clerk shall pay over to the city treasurer, without delay, all moneys received by or paid to him for the use of the city; his office shall be at the city hall or the place designated by the city council and he shall keep the same open for the transaction of public business during such hours as the council shall by ordinance prescribe; it shall be lawful for him to charge and receive for his own use, at the rate of ten cents per folio, for copies of all official papers and records and for the return to any writ of certiorari made by him.

26. And be it enacted, That at the first city election held under this act, a mayor shall be elected for two years, and at the annual election every two years thereafter; he shall be the chief executive officer of the city, and may recommend the city council to pass such measures as he may deem necessary or expedient for the welfare of the city; it shall be his duty to communicate to the city council, at their first meeting in each year, and at other times when he shall deem it expedient, a general statement of the condition of the city in relation to its government, finances and improvements, with such recommendations as he may think proper; to be vigilant and active in causing the laws and ordinances of the city to be executed and enforced; to exercise a constant supervision over the conduct of all subordinate officers, and to examine into all complaints preferred against them for violation or neglect of duty; and generally, to perform all such duties as may be required of him by law or ordinance; that he is hereby invested with all the powers which any police justice may now or may hereafter have by law, and that for the purpose of quelling any insurrection, riot, disturbance or disorderly assemblage, the said mayor shall have control as the marshals, constables, watchmen and other police force of the city, and power to call upon the citizens for aid in cases of insurrection, riot or disturbance of the public peace, and when he shall deem it necessary to call out the militia of the city, if any, and employ the same in quelling such insurrection, riot or disturbance; every resolution or city ordinance passed by the city council shall, before it takes effect, be presented to the mayor by the city clerk, duly certified by the chairman of the city council and the city clerk; if he approve it, he shall sign it; if not, he shall return it with his objections, and file it with the clerk within ten days after receiving it; and the city council shall at its first regular meeting thereafter enter the objections at length on its journal, and shall proceed to reconsider the same, and if two-thirds of all the members of the city council agree to pass the same, it shall take effect, but in every such case the vote shall be taken by ayes and nays and entered on the journal; and if such ordinances shall not be returned within ten days as aforesaid, it shall take effect in like manner if the mayor had signed it; and each and every ordinance so passed as aforesaid shall be published for the space of two weeks in one or more nwespapers printed and published in the city; that whenever there shall be a vacancy in the office of mayor, or whenever the mayor shall be prevented by absence from the city, sickness or any other cause from performing the duties of the office, then the chairman of the city council shall act as mayor pro tempore, and he shall possess all the rights and powers of the mayor, until such disability be removed, or a new mayor be elected; and provided further, that if at any time there shall be a tie vote in the city council, the mayor shall, upon the application in writing of a member of said council, attend the meeting or call a special meeting of the city council to consider the subject under discussion, and he shall be entitled to vote upon such question; provided, however, that the provisions of the foregoing proviso to this section shall not apply to any city having a population exceeding ten thousand inhabitants, except in case of a tie vote upon the question of the election of a chairman of the city council and of a city clerk, and then only in case a tie vote shall again occur at the meeting at which the mayor shall so be present, in which case after such tie shall be found to exist he shall then give the casting vote.

27. And be it enacted, That the councilmen from the several wards shall constitute the city council; they shall meet annually for organization on the first day of May, unless that day shall fall on Sunday, in which case they shall meet on the day preceding; they shall elect one of their own number chairman by a majority vote, whose duty it shall be to preside over all meetings of the city council, and in his absence the council may elect a chairman pro tempore; a majority of the whole number of councilmen shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from to time; the city council shall hold special meetings at least once in each month, at the city hall (or if there be none, at such place within the city as they may appoint by resolution) at such time as may be appointed; they shall determine and establish the rules of their own proceedings, and pass ordinances, by-laws and resolutions pertaining to the purposes and objects of the corporation as may be necessary for properly carrying out the provisions of this act; the mayor or chairman of the city council shall each have power to call special meetings of the council when necessary, and in case of their neglect or refusal to do so, it shall be lawful for any three members of such council to call any special meeting, by written or printed notice to each member, served personally or left at their places of residence at least twenty-four hours previous to the time appointed for such meeting.

28. And be it enacted, That the receiver of taxes shall hold office for the term of two years, and it shall be his duty to receive and collect all moneys due to the city, whether for taxes, assessments, arrears of taxes or otherwise; the city council shall provide him with an office, which he shall attend at such times as shall be designated by the council by ordinance; he shall enter, in suitable books to be provided for that purpose, by the council, any sums received by him for any purpose, and he shall specify in such entry the names of the persons by whom or on whose account the payments are made, the date of payment and the purpose for which payment is made, and if any part of any payment is for interest or penalties, the amount thereof shall be separately stated; he shall at least once each week pay over all moneys collected by him for the city to the city treasurer and shall take his receipt therefor; he shall furnish the council at least once in each month, and oftener if required, a statement of all moneys received and collected by him since his last preceding report was made, and he shall perform all such other duties appertaining to the said office as the council shall by ordinance prescribe; he shall make a full report annually on the first day of April to the council of all moneys received and disbursed by him, and he shall, whenever required, lay before the council for examination and audit all books, papers and vouchers appertaining to his office.

29. And be it enacted, That the city treasurer shall hold office for two years; he shall receive, safely keep and disburse, under the direction of the council, all moneys belonging to or under the control of the city; he shall keep an accurate account of all receipts and payments in such manner as the council shall direct; no money shall be paid out of the treasury except on warrant signed by the mayor and attested by the city clerk, excepting payments of state and county taxes, which the said treasurer is hereby required to make annually out of the first moneys received by him from the city collector and moneys paid into the city treasury for the redemption of property sold for taxes and assessments; and no warrant shall be drawn on the treasurer except in pursuance of an order or resolution of the council passed at a stated meeting and entered in their minutes; all such warrants shall be numbered and made payable to the order of the person entitled to receive the same, and shall specify for what purpose the amount therein mentioned is directed to be paid and the appropriation against which it is to be charged; it shall be the duty of the clerk before he delivers any warrant so drawn to enter into the margin of the book to be called "warrant book," opposite to said warrant, the number, date, amount of the same, the appropriation to which it is charged, the date of the resolution or order authorizing it to be drawn, the purpose for which ordered, and the name of the person or persons to whose order it is made payable, and to take his or their receipt in said book at the end of said marginal entry for said warrant; provided, however, that nothing in this section contained shall apply to the disbursement and payment of moneys raised or received for public school purposes.

30. And be it enacted, That the city treasurer shall receive, safely keep and disburse all moneys raised and received for public school purposes; he shall keep separate accounts thereof and pay the same out only on warrant signed by the chairman and clerk of the board of education, and no warrant for any such purpose shall be drawn on the treasurer except in pursuance of an order or resolution passed at a stated meeting and entered in their minutes, and the provisions of the last preceding section of this act relative to warrants on the treasurer by the city council shall apply to the warrants of the board of education; and the said treasurer shall do and perform all acts and duties enjoined upon township collectors by the school laws of the state.

31. And be it enacted, That the treasurer, at least once every month, and oftener if required, shall furnish the council with a statement of all moneys received and expended by him (including school moneys) since his last report, and he shall annually, on the first day of April, make to the council a full report of all his receipts and expenditures, and he shall, whenever required, lay before the council, for examination and audit, all books, papers and vouchers appertaining to his office.

32. And be it enacted, That the recorder shall hold office for three years, and shall have jurisdiction and is hereby empowered, on oath, affirmation or affidavit made according to law, that any person or persons has or have been guilty of a violation of any of the ordinances of the city, to issue process either in the nature of a summons or warrant as to him may seem most advisable, against the person or persons so violating such ordinance, which process shall, when of the nature of a warrant, be returnable forthwith, and when in the nature of summons be returnable in not less than three or more than five days; that such process shall state what ordinance the defendant or defendants named therein has or have violated, and in what manner the same has been violated, and then on return of such process, or at the time to which the recorder shall have adjourned the same, the said recorder shall proceed to hear testimony and to determine and give judgment in the matter without the filing of any pleadings, and the recorder shall, if judgment be rendered for the plaintiffs, forthwith issue execution against the goods and chattels and against the body of the defendant or defendants; and the said recorder shall be further empowered to inflict fines not exceeding the sum of twenty dollars on such persons as shall be convicted before him of vagrancy, disorderly conduct, breach of the peace or, in his discretion, to order such persons to be committed to the county jail or workhouse for any period not exceeding thirty days; provided, that in all cases when the fine or penalty shall exceed ten dollars or where the punishment shall be imprisonment, there may be a trial by jury, to be conducted as in cases now triable in courts for the trial of small causes; the recorder

shall also have power to cause any person or persons who shall be found guilty of a violation of the ordinances of the city, and who may refuse or neglect to pay any penalty imposed, to be committed to the county jail for any period not exceeding thirty days; and the recorder shall be present at the station-house or other place pro-

vided for him by the city council, at such hours every day as the council shall designate; and the recorder shall have the same powers in criminal matters within the territorial limits of the city as are possessed and exercised by justices of the peace of this state.

33. And be it enacted, That the mayor and any

member of the council during his term of office, and any policeman of said city, shall have the power, on witnessing any breach of the peace or any violation of a city ordinance, to forthwith arrest and take into custody, without warrant, the offender or offenders, and to take said offender or offenders before the recorder of the city for a hearing.

34. And be it enacted, That every conviction for violating a city ordinance had before the re-

corder, either with or without a jury trial, may be reviewed by appeal to the court of common pleas of the county in the same manner and upon the same terms as appeals are or may be taken from courts for the trial of small causes,

and in case the judgment appealed from shall be imprisonment the said recorder or any judge

of the court of common pleas may admit to bail the party appealing during the pendency of his

appeal; but no judgment for the violation of any ordinance shall be reversed for any imperfection, omission, defect in or lack of form nor for any error except such as shall or may have prejudiced the defendant in maintaining his defense upon the merits.

35. And be it enacted, That the officers empowered to serve process issued by the recorder shall be, besides the constables elected or appointed within the city, the policemen of the city, and that said process shall be returned in the same manner, as far as circumstances may permit, as warrants in courts for the trial of small causes are returned, and the defendant or defendants named therein shall, if the recorder sees fit to adjourn the hearing of the charge made and so orders, enter into recognizance, as near as may be, in the manner directed in the courts for the trial of small causes, in the amount of the penalty named in the process or in proceedings brought for the recovery of the same, with such surety as may be approved by the recorder, unto the city, but its corporate name, for his or their appearance on the day to which said hearing may be adjourned, and in default of such appearance the said recognizance may be prosecuted and collected in the same manner as the same might have been if the said recognizance had been taken in a proceeding in courts for the trial of small causes.

36. And be it enacted, That the assessor, overseer of the poor and health inspector shall each hold office for the term of two years, and the said assessor, overseer and health inspector shall perform all duties required of such officers by law in the several townships of this state and the ordinances of the city.

37. And be it enacted, That the city attorney shall be appointed by the council; he shall hold his office for the term of one year, and shall perform such duties as the council shall by ordinance prescribe.

38. And be it enacted, That the city surveyors shall be designated from time to time by the council, and they shall give bonds in such penalty and upon such condition, and shall receive such compensation for the service they may render, as the council shall by ordinance prescribe.

39. And be it enacted, That the poundkeepers shall be appointed by the council, and shall hold their office for such term, and shall perform such duties in addition to the duties imposed upon them by any law of this state, as the council may by ordinance prescribe.

40. And be it enacted, That the members of the board of commissioners of appeals shall be elected and shall hold office for three years; they shall perform such duties as are now or hereafter may be by law enjoined upon commissioners of appeals in cases of taxation.

41. And be it enacted, That the chief of the fire department shall be elected annually on the first Monday in May in each year, and shall hold his office for one year from the first day of June next ensuing his election; the active firemen of the department shall alone be qualified to vote at such election; the election shall be held and conducted under such rules and regulations as the council shall by ordinance prescribe; provided, however, that this section shall not apply to any city having a population of ten thousand inhabitants.

42. And be it enacted, That the chief of police shall hold office for the term of three years, and shall be subject to removal for cause by a two-thirds vote of the city council; he shall be the executive head of the police department, and shall be responsible for its efficiency; all regular police officers shall first be nominated by him, and the city council shall then have power to appoint them; he shall have the power to remove any officer so appointed for neglect of duty or conduct unbecoming an officer of the peace, and the cause for removal shall be stated in writing to the city council; he shall have power, with the written assent of the mayor, to appoint special officers to serve, at not more than three dollars a day each, upon special occasions when the regular force may be deemed inadequate to insure safety to public health and good order.

43. And be it enacted, That the board of excise commissioners shall consist of five members, three of whom shall be elected at the first city election held under this act, one member of the board shall be elected for one year, one member for two years and one member for three years; but no more than one member shall come from the same ward; and the voters at such election shall designate on their ballots the terms for which the several candidates for said offices shall be elected; thereafter annually one member of the board shall be chosen for three years; the three members thus chosen together with the mayor, who shall be the presiding officer of said board, and the chief of police shall constitute the board; they shall have full power to regulate, license, or prohibit the sale or transfer of spirituous, vinous, malt, or other strong or intoxicating liquors; provided, however, that no such license shall be granted to any person who is not a citizen of the United States; they shall have power to prescribe the terms and conditions upon which licenses for such purposes shall be granted, and to provide for the revoking and annulling of licenses for violation of such conditions; provided, however, that all such conditions shall be printed on the license; and provided further, that no license shall be granted unless the applicant shall first pay to the city clerk such license fee as may be required by any general law of this state, and if there be no general law, such fee, not less than fifty dollars, as may be fixed by the board; and if the application is rejected the deposit shall be returned; the mayor shall sign all licenses directed to be issued by the board; the board shall, upon the request of the council, render a statement of all licensed and unlicensed saloons, inns, taverns or restaurants existing within the city, together with a record of all the proceedings of the board.

44. And be it enacted, That the city council shall have power to authorize by ordinance that there shall be appointed by the city council, with the mayor's approval, a street commissioner, who shall hold office for the term of three years, and shall be subject to removal for cause upon a twothirds vote of the council, have supervision over all the streets, avenues, roads, sidewalks, public lanes and alleys, bridges, culverts and all public highways of the municipality and the repairs thereto, and perform such duties as may be required of him by the city ordinances relating thereto.

45. And be it enacted, That there shall be appointed by the city with the mayor's approval, in the month of May in each year, a suitable and competent physician, resident of the city, to be city physician, who, when he shall have taken and subscribed the oath of office before the mayor, recorder or other officer entitled to administer such, shall be the medical adviser of the board of health and city council, and shall perform such duties as may be required of him by ordinance of the city council or the board of health.

46. And be it enacted, That the council shall on the first day of April in each year, cause to be printed a full statement of all receipts and expenditures of every description for the year preceding, with all such further information as may be necessary for a full understanding of the financial concerns of the city, and that it shall be the duty of the city clerk to distribute such printed statements among the people of the city or to furnish a copy of such statement to every citizen applying for the same.

47. And be it enacted, That all contracts in which any councilman shall be interested, either directly or indirectly, or in which any councilman may be surety for the faithful performance thereof, shall be null and void, and no member of the council shall become security for any public officer elected or appointed under this act.

48. And be it enacted, That no ordinance or by-law shall be passed by the city council unless the same shall have been introduced at a previous, special or stated meeting, and shall be agreed to by a majority of the members of the council; and no ordinance shall take effect until five days after it shall have been published in one or more newspapers of the city, and if there be none, in at least one newspaper published in the county and circulating in the city; provided, however, that no ordinance for opening, paving or macadamizing any street, avenue or public place, or for the construction of any sewer shall be passed or adopted unless it shall receive the votes of two-thirds of the members of council.

49. And be it enacted, That the council may by the title, "the mayor and city council of _____, in the county of _____," pass, adopt, alter, modify and repeal ordinances to take effect within the city for the following purposes: to manage, regulate, protect and control the finances and property of the city; to make and adopt an assessment map or maps whereby to describe lands assessed for taxes or improvements; to ascertain and establish the boundaries of all streets, highways, public lanes and alleys in the city; to regulate, clean and keep in repair the streets, highways, lanes and alleys, and to prevent and remove all encroachments, obstructions and incumbrances in and upon all streets, highways, lanes and alleys, sewers, drains and water-courses; to prescribe the manner in which corporations or individuals shall exercise any privilege granted to them in the use of any street, highway or alley or in digging up any street, highway or alley for any purpose whatsoever; to direct and regulate the planting, rearing, trimming and preserving of ornamental shade trees in the streets, parks and public places, and to authorize or prohibit the removal or destruction of such shade trees; to name and number the streets, houses and lots in the city; to provide for and enforce the removal of snow and ice from the sidewalks and gutters of streets, by the owners of land fronting thereon, and to provide that in case of neglect or refusal of or by the owner of any lot of land fronting on a public street or highway to remove snow or ice from the sidewalks and gutters in front of his lands, that the council may cause the same to be done at the expense of such owner,

and that the cost and expense thereof, with interest thereon, shall be added to and shall form part of the taxes next to be levied and assessed upon such lands, and shall be and remain a lien upon such lands until paid; to regulate the use of streets, highways and public places by individuals, vehi-

cles of every kind; to prevent and punish horse racing and immoderate driving or riding in any street; to regulate and control the passage through the streets and public places of buildings and other large structures; to prevent animals of all kinds from running at large in the streets or public places, and impounding, sale or destruction of the same; and to regulate and prevent the

driving of cattle or other animals in droves in or through any of the streets of the city; to prevent and prohibit any practice having a tendency to frighten animals or persons passing in the streets; to regulate or prohibit all public performances and exhibitions for money; to prevent and suppress vice and immorality; to restrain or punish tramps or vagrants, mendicants and street beggars; to preserve the public peace; to prevent and quell riots, disturbances and disorderly assemblages; to restrain and suppress disorderly and gaming houses and houses of ill fame; to establish and regulate one or more public pounds and to provide for the sale of animals impounded

and to fix the fees to be paid to persons impounding animals and the redemption fees to be paid;

to regulate and to provide for the destruction of dogs running at large; to regulate or prohibit swimming or bathing in the waters of or bounding the city; to remove or destroy buildings that

are dangerous to life; to regulate or prohibit the

carrying on of manufactures dangerous in caus-

ing or promoting fire; to regulate or prohibit the manufacture, sale, keeping, storage or use of fire-

works, gunpowder, camphene, kerosene, burning fluid, nitroglycerine, dynamite or other inflam-

mable or explosive materials,; to raze and demolish any building or erection when necessary to prevent the extension of a conflagration, and to provide for the ascertainment and payment of just damages and compensation to owners of property destroyed in such cases; to regulate or prohibit the use of firearms and the carrying of weapons of any kind; to provide fire engines and such buildings for the use thereof as may be necessary; to establish a board of health, define its powers and duties, and provide for the protection and maintenance of the health of the city; to regulate the burial of the dead, prohibit interments within such limits as it may prescribe; to purchase land for public burial places, direct the keeping and return of bills of mortality, and to establish such regulations for carrying the dead through the streets as the health and good order of the city may require; to license and regulate cartmen, porters, hack, cab, omnibus, stage and truck owners and drivers, carraiges and vehicles used for the transportation of passengers and merchandise, goods or articles of any kind, and to require the owners to mark vehicles in such manner as the council shall designate; and to license and regulate auctioneers, common criers, pawn-brokers, junk-shop keepers, sweeps and scavengers, and to prohibit unlicensed persons from acting in such capacities; to license and regulate peddlers, hawkers and hucksters, and to require the payment of a license fee of not exceeding ten dollars in all cases, except as herein otherwise provided; and no license granted for any of the aforesaid purposes by any other authority shall be valid, except license granted by the governor to hawkers and peddlers; to fix the penalty where the same is not fixed or provided for by this act authorized to be passed, which penalty shall be a fine not exceeding fifty dollars, and in case of non-payment thereof, imprisonment in the county jail not exceeding thirty days; to provide for, establish, regulate and control a fire department and to establish rules for the government thereof (whose members shall be exempt from military duty in time of peace, and from serving as jurors in courts for the trial of small causes), and to provide engines and other fire apparatus, and to designate the manner of appointing and removing officers and members of the fire department and to regulate their compensation; to provide for the government of the fire department and the care and repair of the engines and other fire apparatus, and for the purchasing of necessary supplies by the city council or a committee thereof or by a board of fire commissioners consisting of five members, to be appointed by the council, who shall hold office for one year, and who shall receive no salary; and to further provide for the payment of the lawful debts contracted or incurred by such commissioners.

50. And be it enacted, That the city council may by ordinance submit to the voters of the city, at an annual or special election, a proposal or proposals to purchase land and to erect thereon a city hall, jail, hospital, public lighting, or other municipal building or buildings; or to purchase land for public park purposes; or for the purchase of any sewer, water or gas, or other lighting systsem existing, or that may hereafter exist within the city limits; and if at such election a majority of the voters shall vote in favor thereof, the city council shall be empowered to make such purchase, and if need be issue bonds of the city in payment thereof, as may be provided by ordinance.

51. And be it enacted, That the council shall have power by ordinance to regulate the use of the streets of the city by electric or other street railway companies; to require such companies to lay and confine their tracks according to such grades of the street as may from time to time be established by the council; to keep that portion of the street lying between the rails paved and in good repair, also to keep the street to the extent of eighteen inches beyond the rails in good repair and on a level with the rails; to keep their tracks free from snow and ice and compel the removal of the same from the streets; and to provide a penalty not exceeding fifty dollars for every violation of such ordinance.

52. And be it enacted, That in case the boundary line between any city formed under this act and any other municipality shall be one of the extreme lines of a street or road, such street or road being wholly within such city, it shall be lawful for the council of such city to pass ordinances regulating the use of such street or road by the owners or occupants of property in such other municipality adjoining such street or road, and to provide penalties for the violation of such ordinance not exceeding ten dollars fine; and it shall be lawful for any constable or policeman of such city to execute any process issued by the recorder for the violation of any such ordinance within the territorial limits of such other adjoining municipality.

53. And be it enacted, That the council shall have power by ordinance to provide for, establish, regulate and control a day and night police, and to regulate and define the manner of their appointment and removal, their duties and compensation; provided, that such police force (excluding officers) shall not exceed more than one policeman to every five hundred inhabitants; and provided further, that no policeman or police officer shall be removed except for neglect of duty, misbehavior, incompetency or inability to serve. 54. And be it enacted, That the council shall have full power to enact and pass such and so many other ordinances or by-laws for the peace, good government, order, welfare and convenience of the city as they may deem necessary, proper and expedient, not repugnant to this act or to the constitution of this state or of the United States, and to fix a penalty for the violation thereof not exceeding a fine of fifty dollars or imprisonment in the city or county jail not exceeding ten days.

55. And be it enacted, That the council shall have power to pass ordinances appropriating and providing for raising by taxation moneys for the following purposes: I. For lighting the streets of the city; II. For the support of the police department; III. For the maintenance of the fire department; IV. For regulating, cleaning and keeping in repair streets, highways and sidewalks; V. For additions or repairs to public buildings; VI. For the relief of the poor and sick; VII. For water for the extinguishment of fire; VIII. For the payment of interest upon the debt of the city and such part of the principal as shall from time to time become due and payable; IX. For any sinking fund required or deemed advisable to be raised; X. For the general and incidental expenses of the city, including the printing and publication of minutes of council, ordinances and such other matters required by law to be published; XI. For the support of public schools; XII. For the protection and maintenance of the health of the city; XIII. For the support of an emergency hospital for contagious diseases; XIV. For drainage and the repair of public drainage systems; also for sewerage purposes in cities owning and operating public sewerage systems; XV. To provide funds to meet any note, bond or other obligation of the city maturing in any year and not otherwise provided for by law or the ordinances of the city; XVI. For regulating, maintaining and protecting public grounds and parks; and no appropriation shall be made or ordered for any other purpose, except by a majority of the voters of the city voting at an annual city election.

56. And be it enacted, That the council shall have power to provide by contract for the lighting of the streets, avenues and public places of the city, in such places as they in their judgment may deem necessary.

57. And be it enacted, That the council shall have power to provide for a supply of pure and wholesome water to the inhabitants; and for extinguishing fires, by contract, either with private corporations or with adjoining municipalities owning or controlling water works; and the council shall have power to fix and determine the terms and conditions upon which private companies may lay their mains or pipes in the streets of the city. 58. And be it enacted, That the council shall have power to borrow money temporarily in the name of the city in anticipation of appropriated revenues not exceeding in amount one-half of such anticipated revenues. 59. And be it enacted, That the council shall have power at any time to direct a special election to fill any vacancy that may occur in their own body. 58. And be it enacted, That the council shall have power to borrow money temporarily in the name of the city in anticipation of appropriated revenues not exceeding in amount one-half of such anticipated revenues. 59. And be it enacted, That the council shall have power at any time to direct a special election to fill any vacancy that may occur in their own body.

60. And be it enacted, That the city council shall appoint three discreet persons, residents and freeholders of the city, to be commissioners of assessment, and who shall hold their offices for three years; the said commissioners shall make all assessments for improvements of every kind under this act; provided, that if any of said the commissioners shall be interested in the matter of any such assessments, the council shall appoint some discreet and impartial freeholder or freeholders, resident in said city, to act in regard to such assessment in lieu of the commissioner or commissioners interested therein as aforesaid; and every report of assessment made by commissioners of assessment shall be accompanied by the oath or affirmation of each commissioner making the same that he is not interested, directly or indirectly, in the matter of the assessment, and that he has performed his duties in relation thereto honestly, faithfully and impartially to the best of his ability, skill and understanding, which oath or affirmation the clerk of said city is hereby auth-

orized to administer; and the first commissioners appointed under this act shall determine among themselves by lot which of them shall serve for one, two and three years respectively, and thereafter annually one commissioner shall be appointed to serve for the full term of three years.

61. And be it enacted, That the council shall have power and they are hereby authorized by ordinance--To lay out, open, straighten, widen and extend any street, avenue or highway, or any part or section thereof, and to take and appropriate for such purpose any necessary lands and real estate upon making compensation to the owners thereof as hereinafter provided:

To provide for grading and altering the grade of streets and avenues in the city and filling, macadamizing, guttering, curbing, ridging, planking, graveling, paving and repairing of the same;

To make and adopt a general plan of sewerage and drainage for the city or any section thereof, conformably to which all public and private sewers, drains, receiving basins and all other appurtenances of sewerage and drainage shall be made;

To provide for the construction, maintenance and extension of a proper sewerage system for the city, by contract, either with private corporations or with adjoining municipalities owning and operating a sewerage system; and the council shall have power to fix and determine the terms and conditions upon which private sewerage companies may lay their mains and pipes in the city.

62. And be it enacted, That in any city incorporated under his act having a sewerage system which is owned and operated by the city in its corporate capacity, the city council shall have power by ordinance to levy annually a special tax for the sewerage purposes and to appropriate the money derived therefrom for the construction, extension and repair of the public sewerage sys-

tem; to provide for taking land and real estate for building the same and for acquiring an outlet for sewers over and through lands adjoining municipalities; provided, that the consent of such adjoining municipality and of such other municipality (if any) as may in any manner be affected by such outlet shall be first obtained; provided, however, that no ordinance for any of such purposes shall be passed except in the manner herein stated and unless it shall receive the votes of two-thirds of the members of the city council.

63. And be it enacted, That streets or sections of streets shall be laid out, opened, straightened, extended, widened or otherwise changed as to their boundaries, in the following manner and not otherwise: a petition in writing, signed by the owners of one-sixth of the property fronting on the improvement desired, shall be presented to the council setting forth accurately the im-

provement desired; if the council shall favor the petition the same shall be referred to the commissioners of assessment and a city surveyor not interested in such improvement, who shall there-

upon make a map of such improvement showing the real estate to be taken therefor and all the property which in the judgment of said commissioners will be specially benefitted thereby, designating each lot and parcel on said map by a letter or number; said commissioners shall also ascertain, so far as practicable, the name of the owners of said real estate to be taken and properties to be benefitted, and the interest of each of the owners of real estate to be taken, and when such names or estates are not known, they shall so report; they shall also appraise the value of the interest of each known owner of real estate to be taken, and the damage to be done to such owner by taking the same; and where the estates in any plot of land are unknown, they shall appraise the value of or the damage to be done to the fee simple; said commissioners shall also estimate all other expenses likely, in their judgment, to attend the completion of the improve-

ment; said commissioners shall also estimate the amount likely to be realized from the sale of any buildings or parts of buildings, required to be taken on account of said improvement, and shall so determine the probable net cost of making the improvement; this probably net cost they shall then assess upon the lands to be specially benefitted, in proportion to the benefits to be received;

thereupon they shall, under their hands, make a report of the facts ascertained and of the appraisements, estimates, determinations and assessments to be made by them concerning said improvement, and shall file such report and their map with the clerk of the city; thereupon, the said clerk shall cause a notice of the filing of said map and report to be printed in one or more newspapers of the city, or, if there be none, in a newspaper published in the county and circulat-

[Continued on fourth page.]