Imágenes de páginas
PDF
EPUB

Proviso.

Appropriation of pro

sire to build a church upon said lot; provided, a majority of the inhabitants of the school district in which said lot is situated shall so determine, reserving to the public the right to continue to use the graveyard in said premises as a burial place without any disturbance of the graves already in said yard.

3. And be it enacted, That the proceeds of the sale of said ceeds of sale. church as aforesaid shall be appropriated by the said commissioners to the erecting of a fence around and inclosing the said church lot, and in case of any surplus accruing after defraying the expenses of erecting the said fence, in such case a majority of the inhabitants of the school district in which said church and lot are situated, shall and may appropriate and pay such surplus to some educational, charitable or religious purpose, or purposes, as they shall deem proper.

4. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1858.

Affidavit to be filed on

CHAPTER LII.

A SUPPLEMENT to an act entitled "An act to simplify the pleadings and

practice in courts of law."

1. BE IT ENACTED by the Senate and General Assembly of entering rule the State of New Jersey, That no rule for an assessment of

for assess

ment of

damages.

damages, in open court, or for a writ of inquiry to assess damages, shall be entered by or for the defendant, in any

action, unless at the time of entering such rule, he shall file with the clerk of the court in which the action is pending, an affidavit that the amount claimed to be due to the plaintiff by the bill of particulars annexed to his declaration, or some part thereof, is not due from the defendant to the plaintiff, specifying what amount, if anything, is due to said plaintiff, and that the rule for an assessment, in open. court, or for a writ of inquiry (as the case may be) is not intended for the purpose of delay, but only to have the amount due to the plaintiff correctly ascertained, which affidavit shall be made by the defendant, or in his absence by his attorney or agent in such action; and in case such affidavit shall specify any amount to be due to the plaintiff, the said plaintiff shall be at liberty to take an assessment, as now authorized by law, for such amount instanter, and enter judgment final thereon, but by so doing he shall be deemed to waive the balance of his claim, set forth in said bill of particulars.

Approved February 25, 1858.

CHAPTER LIII.

AN ACT to authorize the Board of Education of the city of Camden to build a school house in the north ward of said city.

education

to borrow

1. BE IT ENACTED by the Senate and General Assembly of Board of the State of New Jersey, That the board of education of the authorized city of Camden be and they are hereby authorized to bor- money. row any sum of money not exceeding fifteen thousand

Board authorized to issue.

Objects of loans.

dollars, and to secure the payment thereof by pledging the property of said board of education, and for that purpose they are hereby empowered to make and execute good and sufficient bond or bonds and mortgage or mortgages in their corporate name, and under their common seal in such amount as they may deem requisite together with lawful interests for the same.

2. And be it enacted, That the said board of education of the city of Camden if they shall be unable to effect a loan in the manner prescribed by the first section of this act, then and in that case they are hereby authorized and empowered to issue bonds in their corporate name and under their common seal for any sum of money not exceeding fifteen thousand dollars, said bonds not to be of a less amount than one hundred dollars each, together with lawful interest thereon.

3. And be it enacted, That the money obtained under the provisions of this act shall be devoted solely and exclusively to the building of a school house in the north ward in said city.

4. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1858.

CHAPTER LIV.

AN ACT to incorporate the city of Salem.

porated.

1. BE IT ENACTED by the Senate and General Assembly of City incorthe State of New Jersey, That all that part of the county of Salem, known as the township of Salem, shall be, and is hereby incorporated into a city, to be called the City of Salem.

2. And be it enacted, That for the better order and govern- City officers. ment of the said city of Salem, there shall be elected hereafter in said city, one mayor, who shall be keeper of the city seal, and hold his office for three years; and at the first election for city officers, six common councilmen (two of whom shall hold their offices for one year, two for two years, and two for three years; and at the first meeting of common council after said election, it shall be determined by lot, which of the members thereof shall hold their office for one year, which for two, and which for three years); and annually thereafter, there shall be elected two persons, as members of said council, who shall hold their office respectively for three years; which mayor and common councilmen shall be one body politic and corporate in deed, fact, name and law, by the name, style and title of "The Mayor and Common Council of the City of Salem.".

officers.

3. And be it enacted, That an election by ballot shall be Election of held on the second Tuesday of March next, at the place of holding the last annual election, and annually thereafter at such place as the common council of the city of Salem may appoint, of which place the said council shall cause public notice to be given, by advertising the same two weeks, in one or more newspapers published in said city, or by setting up such notice, either written or printed, in five public places in said city, at least two weeks previous to the day of such election (and in default of such notice, the election shall be held at the place where the last annual

Duties and powers of common council.

election was held); at which election one mayor, six councilmen, one recorder or clerk, one marshal, one or more assessors, one collector who shall be ex-officio, city treasurer, two chosen freeholders, one school superintendent, two trustees of public schools, two overseers of the poor, two surveyors of the highways, three commissioners of appeal, one judge of election, and one or more pound keepers shall be chosen and elected in said city from among the citizens residing therein, and entitled to vote at such election, and annually thereafter on the second Tuesday of March, excepting the mayor and common council, who shall be elected as herein before provided, but no person shall be elected or serve as mayor or common councilmen of said city unless he shall have resided in said city at least one year immediately preceding said election.

4. And be it enacted, That the mayor and common councilmen of said city shall constitute the common council thereof, and shall hold an annual meeting therein, on the fourth Tuesday of March, yearly and every year; and such other meetings as they shall, by ordinance, direct and appoint; the mayor shall preside at said meeting, and shall have a vote only in cases where there shall be a tie; and if the mayor be absent at any meeting, then the councilmen shall appoint one of their number to preside pro tempore, and when met said common council shall have power to make and adopt such rules and by-laws for their own government as they may think proper, and to pass all such ordinances, by-laws and regulations, and in general to do and perform, all such other acts and things, as provided for and warranted by this act, and that four members shall constitute a quorum of said council; and it shall be the duty of the mayor, when necessary, to call special meetings of said common council, and in case of his neglect or refusal, then it shall be lawful for any four members of said common council, at such time and place as they may designate, to call any special meeting or meetings, by written or printed notices, and in all cases of special meetings notice shall be given to all the members of said board

« AnteriorContinuar »