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CHAPTER LXXVI.

AN ACT relative to the election of overseers of highways in the township of Woolwich, in the county of Gloucester, and the township of Oxford, in the county of Warren.

Overseers

1. BE IT ENACTED by the Senate and General Assembly of Election of the State of New Jersey, That the qualified voters of each authorized. road district in the township of Woolwich, in the county of Gloucester, and of the township of Oxford, in the county of Warren, be and they are hereby authorized to elect an overseer of the highways for such district.

holding

2. And be it enacted, That such elections shall be held Time of annually in each road district on the Saturday next previ- election. ous to the annual township meetings in said townships, at such time and place and upon such notice as shall be determined upon at the previous annual meeting in such road district; and it shall be the duty of the town clerk of said townships to give the notice so determined upon, as aforesaid.

tion.

3. And be it enacted, That the first election in said dis- First electricts shall be held on the Saturday previous to the annual township meeting, at such time and place as shall be designated by the town clerk of said townships, notice whereof shall be given by an advertisement of five days previous thereto, being set up in two public places in each district.

4. And be it enacted, That no overseer or overseers shall be elected in said townships except under the authority of this law.

Approved March 9, 1859.

CHAPTER LXXVII.

AN ACT relative to the public streets in the town of Millville, in the county of Cumberland.

Preamble. WHEREAS, Thomas H. Paschall, under the direction of the township committee of Millville township, of the county of Cumberland, has completed a map of the town of Millville, called the "Millville town plot;" AND WHEREAS, in said plot or map he has marked and established certain streets under the direction and with the consent of the said township committee, and the land owners, and it is desirable that the said streets thus marked and established, should be made public highways, therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That upon the said township committee, and the respective land owners, filing in the clerk's office of the county of Cumberland, a copy of said map or town plot, showing the location of the different streets, the said streets in the town of Millville, as marked and established upon the said map, shall be, and they are hereby declared to be public highways, and as such to be opened, repaired and kept in good order by the overseer of the roads of the said township.

Streets to be public highways on filing map.

Approved March 9, 1859.

CHAPTER LXXVIII.

AN ACT to incorporate the town of Guttenberg, in the county of Hudson.

of town.

1. BE IT ENACTED by the Senate and General Assembly of Boundaries the State of New Jersey, That all that part of the township of North Bergen, designated on a map of the new village of Guttenberg, laid out by the Weehawken Land and Ferry Association, surveyed by William Hexamer, and filed in the clerk's office of the county of Hudson, on the seventh day of June, in the year of our Lord one thousand eight hundred and fifty-three, shall be, and hereby is, created into, designated and known as the town of Guttenberg, in the county of Hudson.

powers.

2. And be it enacted, That the said corporation may, by General that title, sue and be sued in any of the courts of this state, have a common seal, alterable at pleasure, and shall have power to make and enforce all ordinances necessary or useful for opening, laying out, grading and regulating streets and roads within the limits of said town, and laying and regulating side and cross walks therein, for assessing the costs and expenses of the same equitably upon the owners of property who may be benefited thereby, and for collecting the amount thereof from the persons against whom such assessment shall be made respectively.

may pass

3. And be it enacted, That the power to pass and enforce Councilmen all ordinances requisite to carrying into effect the provisions ordinances. of this act shall be vested in five councilmen, who shall severally hold their offices for the term of one year, and until their successors shall be chosen.

councilmen.

4. And be it enacted, That the legal voters residing within Election of the limits of said town shall, at the annual town meeting in North Bergen township, annually elect, by plurality of votes, five councilmen, of which election the clerk of North Bergen township shall give the usual notice, each of whom shall, for the time being, be a resident of said town, and

Town offi

cers.

Election in
North Ber-

gen.

Map to be made of

a legal voter of the township of North Bergen; the said councilmen may, for the transaction of the business of the town, appoint a clerk and treasurer, to hold their offices, respectively, during the term of office of the councilmen. making such appointments; the treasurer shall, before entering upon the duties of his office, execute and deliver to said councilmen a bond, in such amount and with such sureties as shall be satisfactory to the said councilmen, conditioned for the faithful performance of his duties as such treasurer, which bond shall be taken in the name of the town of Guttenberg; it shall be filed in the office of the town clerk, and for any forfeiture thereof, suit may be brought, and the amount so forfeited be recovered, with costs, in an action of debt, in any court of record in this

state.

5. And be it enacted, That the inspectors of election and clerk of the township of North Bergen shall also hold the election for councilmen of the town of Guttenberg, and for that purpose prepare a separate ballot box to receive the votes to be cast at said election for councilmen, and the same shall be conducted in all other respects as the annual elections for township officers are by law regulated; and the said inspectors shall, for such election, be entitled to receive from the said town of Guttenberg the like sums allowed them by law for holding the township elections; no person shall be deemed ineligible to the office of councilman by reason of his being an inspector or clerk at such town election; the return of the election of councilmen shall be filed in the office of the clerk of the town of Guttenberg; and no councilman shall enter upon the discharge of his duties until he shall first have taken and subscribed an oath or affirmation, to execute the trust reposed in him, as a councilman of the town of Guttenberg, faithfully and impartially, before a justice of the peace of the county of Hudson, and filed the same with the clerk of the township of North Bergen.

6. And be it enacted, That no ordinance or other proceedstreets laid ing of said corporation shall be valid or take effect, unless

out.

concurred in by a majority of said councilmen; and whenever any ordinance opening, laying out, altering or regu lating the grade of any street or road in said town, shall be passed, a map thereof shall be made, under the direction of said councilmen, and placed in the office of the town clerk for the inspection of all persons interested in such improvement, and to remain as evidence in all causes and matters. relating to such grades, opening, alteration or regulation.

and collec

7. And be it enacted, That for the payment of the expenses Assessment incident to said corporation, other than those relating to tion of taxes. streets, it shall be lawful for said councilmen, by ordinance, to order a sufficient sum, not to exceed two hundred dollars in any one year, to be levied for that purpose; and the assessor or assessors of the township of North Bergen, on being duly served with a certified copy of such ordinance, shall assess the amount thereof upon the inhabitants and real estate of said town and on the property of nonresidents, in the same manner as township taxes are assessed, and the same shall thereupon be assessed, levied and collected in the same manner, in all respects, as taxes for township purposes are or may be by law authorized to be assessed, levied and collected; the township collector shall pay over all such taxes received by him to the treasurer of the town of Guttenberg; the said collector shall proceed in all things as by the laws of this state township collectors are bound to proceed, and shall be liable to the same pains and penalties prescribed in similar cases; and such further proceedings shall thereafter be had in case of any person being delinquent in paying said. taxes as are or may be prescribed by the laws of this state for the collection of taxes for township purposes; and every constable shall pay over to the treasurer of the town of Guttenberg all moneys collected by them upon any tax

warrant.

be assessed

ments.

8. And be it enacted, That it shall and may be lawful for Property to the councilmen, in each and every case where improve- for improvements shall be prayed for, as hereinafter provided for, and ordinance passed by the councilmen for that purpose, to

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