ability to serve, shall be continued before his successors, who shall have jurisdiction of the same as if such recorder were personally present; all books and records of said court shall be the property of the city, and as such shall be preserved and transferred by the recorder to his successor. shall be 13. And be it enacted, That the officers empowered to serve How process process issued by the recorder, shall be besides the constables served. elected or appointed within said city, the policemen of the city, and that said process shall be returned in the same manner so far as circumstances may permit, as warrants for the arrest of persons, issued out of the courts for the trial of small causes are returned; and that 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 penalty named in the process, or any proceeding to be brought for the recovery of the same, with such surety as may be approved by the recorder, unto the mayor and board of aldermen of the city of Bergen, 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. have fees for der, &c. 14. And be it enacted, That in all cases in which persons Recorder to shall bring certioraries to remove the order, proceedings or coples of orjudgment given or made by the said recorder, it shall be lawful for the said recorder to charge and receive before the delivery of the return thereto, at the rate of ten cents per folio for the same. how obtained. 15. And be it enacted, That no justice of the supreme certiorari, court shall grant or allow any certiorari to remove any order, proceedings, or judgment to be had or made by the recorder of the said city, unless the party applying for such certiorari shall enter into bond with the mayor and board of aldermen of the city of Bergen, in the sum of one hundred and fifty dollars, with one or more good surety or sureties, conditioned that such applicant shall prosecute the said certiorari in the supreme court, shall pay the penalty recovered before the said recorder, with interest and costs, if the judgment be affirmed, and shall in all things stand by and abide the judgment of the supreme court respecting the order, proceedings Costs in cerflorari how paid. Dutles of treasurer. Duties of city clerk. or judgment given or made by said recorder, which said bond shall be tendered to said justice granting such certiorari, to be by him filed with the clerk of the supreme court, for the benefit of the said mayor and board of aldermen, and on failure thereof no certiorari shall be allowed. 16. And be it enacted, That if any proceedings of the said recorder shall, on removal by certiorari, be affirmed by the supreme court, the plaintiff in certiorari shall pay to the defendant all costs on such suit in the supreme court, but if such proceedings be reversed, then the plaintiff in certiorari shall not be entitled to pay any costs; the provisions of this section and of the last preceding section shall extend to the circuit court of the county of Hudson. 17. And be it enacted, That the treasurer shall receive, safely keep, and disburse, under the direction of the board of aldermen, all money collected for said corporation, and shall pay out the same only upon the warrant of the board of aldermen, signed by the mayor, and countersigned by the city clerk; and no warrants on the city treasurer shall be authorized except in pursuance of an order of s.id board passed at a stated meeting, and entered in their minutes; and such warrants shall be made and numbered, payable to the order of the person or persons to receive the same, and shall specify for what purpose the amount therein mentioned is directed to be paid. 18. And be it enacted, That the city clerk shall, in addition to the duties required of him by this act, or any other act of this state, have charge of all the records, books and documents of the city, except when the said board shall otherwise direct by ordinance; he shall keep a record of the proceedings of the board; he shall engross all ordinances in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in said book by the mayor or acting mayor 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 aldermen, and copies of the laws and ordinances of said city, certified by said clerk under the corporate seal, shall be evidence in all courts and places; that all the books in which the said board of aldermen have caused their ordinances and by-laws to be recorded, and such other book or books, record or records, as shall be by them provided, shall be taken and received as evidence in all courts and places, of the due passage by said board of any and all ordinances and by-laws recorded therein; and until the contrary be proven, all ordinances and by-laws so recorded shall be presumed to have been regularly introduced, passed and published, according to the requirements of the provisions of this act; that the city clerk shall receive and pay over to the collector of revenue all moneys which by any law or usage may be paid to the clerk of said city. seer of the perintendent lector of reve nues. 19. And be it enacted, That the overseer of the poor and Duties of overthe superintendent of schools, shall respectively perform such poor and su duties as by the laws of this state now appertain to and de- of schools. volve upon overseers of the poor and superintendents of schools in the townships of this state, subject to the provisions of this act or any ordinance or ordinances passed by virtue thereof, and they shall in addition thereto perform such other duties as the said board shall fix, designate and establish; the street commissioner and the city surveyors shall respectively perform such duties as are provided by law, and by the provisions of this act, and by the ordinances, bylaws or regulations of said board, adopted by virtue thereof. 20. And be it enacted, That there shall be appointed by Duties of colthe said board of aldermen a collector of revenues for said city, whose duty it shall be to receive and collect all moneys due to said city, whether for taxes, assessments, arrears of taxes, or otherwise (except for water rents and water taxes), and shall do and perform all other duties which the said board may, by ordinance prescribing his duties, ordain; and it shall be his duty to keep a record of all his proceedings affecting the revenue of the city, and at the end of each and every current year the said proceedings shall be filed in the office of the city clerk; and the said collector of revenue shall pay over all moneys received by him for the city, as soon as collected, to the treasurer of said city, who shall in turn pay over to the treasurer of the state, or to the collector of Hudson county, upon demand, the full quota of taxes required by law to be raised in said city for state or county purposes. 21. And be it enacted, That the constables, chosen free- Duties of holders, surveyors, pound-keepers, commissioners of appeals, and inspectors of registry and elections, and assessors in the several wards, shall perform the duties required of such officers, by law in the several townships of this state, and the ordiances of said city. 22. And be it enacted, That no person elected or appoint other officers. All officers oath. ed to any office in pursuance of this act, or of any law or inst take an ordinance of the board of aldermen, shall enter upon the discharge of his duties, unless within twenty days after his election or appointment he shall take and subscribe, before the mayor or city clerk, or some other person authorized to administer oaths, an oath or affirmation, faithfully, fairly and impartially to execute the duties of his office according to the best of his knowledge, skill and ability, and shall file said oath or affirmation with the city clerk, who shall keep all such oaths and affirmations on file in his office; and the oath of the city clerk shall be filed by the mayor; and if any such person shall neglect to take such oath or affirmation for twenty days after his election or appointment, or shall neglect within said twenty days to give such security as may be required of him, he shall be considered as having declined such office, and the same shall be deemed vacant. Oficial te:m when to commence. 23. And be it enacted, That the official term of the several persons who shall be elected in pursuance of this act, shall commence on the last Monday of April next after their election, and they shall continue in office unto the end of their term; and that the official term of the several officers who shall be appointed by virtue of this act for said city shall commence on the first Monday of May in every year, except in cases otherwise provided for in this act, and they shall continue in office until the end of their term and until others are appointed and qualified in their place, unless removed as herein provided. 24. And be it enacted, That the city treasurer, clerk, colcers to give lector of revenue, and such other officers as the board of aldermen may require, shall, before they enter on the duties of their office, give bonds to the city in its corporate name, in such sums and with such sureties as the said board may approve, for the faithful performance of their duties, and all constables shall give bonds to the city in the manner required by law, with sureties to be approved by said board. Justices of the peace. Duties of assessors. 25. And be it enacted, That for the election of justices of the peace, each ward shall be considered a township, and shall be entitled at least to one justice of the peace. 26. And be it enacted, That the assessors before entering upon the discharge of their duties, shall take and subscribe the oath required of other officers of said city; all taxes for the purposes of the city shall be by them assessed in the manner and within the time directed by the laws of this state for assessing township, county and state taxes; and the said assessors, acting as a board of assessors, shall meet together from to time, as may be necessary before concluding their duties, to determine and compare the justice and propriety of any and all assessments made by them, or either of them, in order that a uniformity in valuation may be established for all portions of said city. 27. And be it enacted, That all fines inflicted by ordinances Fines. shall, when received, be paid into the city treasury. not delivering books and pa 28. And be it enacted, That if any person, having been an Penalty for officer of said city, shall not within ten days after he shall over property, have vacated or been removed from the office, and upon noti- pers. fication and request by the city clerk, or within such reasonable time thereafter as the board of aldermen shall allow, deliver over to his successor in office all property, books and papers belonging to the city, or appertaining to such office in his possession or under his control, he shall forfeit and pay to the city the sum of five hundred dollars, to be sued for and recovered with costs. TITLE III. OF THE POWERS AND DUTIES OF THE BOARD OF ALDERMEN. power vested of aldermen. 29. And be it enacted, That the legislative power of the Legislative city of Bergen shall be vested in the board of aldermen; they in the board shall annually elect one of their number to be president of said board, and in his absence shall elect one of their number to preside for the time being; appoint the times and places of meeting; determine and establish the rules of their own proceedings; be the sole judges of the qualifications of their own members; keep a journal of their proceedings, pass ordinances, by-laws and resolutions, pertaining to the purposes and objects of said corporation, and necessary and proper for carrying out the provisions of this act; and may expel a member for disorderly conduct or a violation of their rules, but no expulsion shall take place except by a vote of twothirds of all the members elected, nor until the delinquent member shall have had an opportunity to be heard in his defence. be approved. 30. And be it enacted, That every ordinance of the common Ordinances to council, and every resolution of the common council affecting the interest of the city shall, before it takes effect, be pre |