dealer in merchandise or property of any description, which is sold by measure or weight, to cause his or her weights and measures to be sealed by the city sealer, and to be subject to his inspection; XXVIII. To establish, regulate and control a day and Police. night police, and to regulate and define the manner of their appointment and removal, their duties and their compensation; ment. XXIX. To establish, regulate and control a fire depart-Fire depart ment; to regulate and define the manner of the appointment and removal of the officers and members of the fire department, their duties and their compensation; to provide fire engines and other apparatus, and engine houses and other places for keeping and preserving the same, and to provide water for extinguishing fires; Regulating fires, &c. XXX. To regulate and control the manner of building buildings, in dwelling houses and other buildings, and to prohibit within eno certain limits, to be from time to time prescribed by ordinance, the building or erection of any dwelling house, store, stable, or other building of wood or other combustible materials; to regulate the construction of chimneys, and to compel the sweeping thereof, to prevent the setting up or construction of furnaces, stoves, boilers, ovens, or other things, in such manner as to be dangerous; to prohibit the deposit of ashes in unsafe places; to authorize any city officer, or person or persons whom they may designate for that purpose, to examine and inspect by day, any place or places, for the purpose of ascertaining whether the same is or are in a safe condition, and if not, to direct or cause the same to be so; to regulate or prohibit the carrying on of manufactories dangerous in causing or promoting fires: to regulate or prohibit the manufacture, sale or use of fire-works and the use of firearms in said city; to regulate or prohibit the keeping and conveying gunpowder, camphene, spirit gas, and other dangerous materials, and the use of lights in barns, stables, and other buildings, to raze or demolish any building or erection when necessary to prevent the extension of a conflagration, and to provide for the ascertainment and payment of just compensation to owners of property destroyed in such cases; to require all such further or other acts to be done, and to regulate or prohibit the doing all such further or other acts, as they may deem proper, to prevent the occurrence and provide for the extinguishment of fires in said city; XXXI. To level, grade, curb, gutter and pave, flag or Grading streets Filling and regulating va cant lots. Taxes. Duties of om. cers. Compensation gravel the sidewalks in any street, highway, lane or alley, and repair the same, to prescribe the manner in which the said work shall be performed, and to cause the expense thereof to be assessed on the property so improved, and collected in the same manner as for regulating, grading and paving streets; XXXII. To direct the digging down, draining, filling up, or fencing of lots, pieces or parcels of ground, in all cases where such digging down, draining, filling up or fencing is necessary to prevent or abate a nuisance, to prescribe the manner in which the said work shall be performed, and to cause the expense thereof to be assessed on such lots, pieces, or parcels of ground, whether improved or unimproved, and collected in the same manner as for regulating, grading, and paving streets: but no special ordinance shall be introduced to authorize or compel the performance of any work or improvement mentioned in this or the last preceding sub-division. or paragraph, being sub-divisions thirty-one and thirty-two of the thirty-first section of this act, until public notice shall be given of the intention of the city council to cause said work or improvement to be done and performed, and to that end it shall be the duty of the street commissioner, by direction of the city council, to give notice in a newspaper printed and published or circulating in the city of Elizabeth, of the intention of the city council to cause such work or improvement to be done and performed, briefly describing such work or improvement, and requesting such persons as may object thereto to present their objections in writing at the street commissioner's office, on or before the expiration of two weeks from the date of such notice, and at any time thereafter the city council may proceed to consider such special ordinances as aforesaid; XXXIII. To adopt all legal and requisite measures for levying and collecting the taxes; XXXIV. To prescribe and define the duties of all officers appointed by the city council, and their compensation, and the penalty or penalties for failing to perform such duties, and to prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same, in cases not otherwise provided for by law; XXXV. To fix and determine a reasonable compensation to be paid to any officer of said city, or other person employed by them, for any service required of him by this act, or by any ordinance or resolution passed by them, for which no specific, fee or compensation is provided by this act, to be paid by the person or persons for whom such service shall be performed, for the use of the city. 32. And be it enacted, That the city council shall have By-laws. power to make, establish, alter, modify, amend and repeal all such other ordinances, rules, regulations and by-laws, not contrary to the laws of this state or of the United States, as they may deem necessary to carry into effect the powers and duties conferred and imposed on them by this act, or by any other law of this state. prisonments. 33. And be it enacted, That in all cases where, by the Fines and improvisions of this act, the city council have authority to pass ordinances on any subject, they may prescribe a penalty or penalties for the violation thereof, either by imprisonment not exceeding ten days, or by fine, not exceeding one hundred dollars, to be recovered with costs, in an action of debt, and in the name of "The treasurer of the City of Elizabeth," for the use of said city, before any police justice thereof, in which action the first process may be either by warrant or summons, and the proceedings shall be those specified in the fiftieth section of this act; and further, it shall be lawful for any such justice, before whom judgment of imprisonment shall be given, to carry such judgment into effect by warrant of commitment, under his hand and seal, directed to the sheriff of the county of Union; the book of record of the ordinances of the city of Elizabeth shall be taken and received as evidence of the passage according to law of all ordinances duly recorded therein; and further, the volume of ordinances printed by authority of the city council shall in like manner be taken and received as evidence of the due passage thereof, and the publication of the said ordinances in a newspaper, according to law, shall in all cases be presumed to have been made, until the contrary be proved. 34. And be it enacted, That the city council shall have workhouse. power to build, establish, keep and maintain one or more workhouse or workhouses, and one or more almshouse or almshouses for the relief of the poor; and shall have power, by ordinance, to regulate the said houses, and to direct or order what persons shall be placed therein, and for what length of time, and the manner of ordering, placing and keeping persons therein; the application and expenditure of all moneys raised for the maintenance and relief of the poor of the said city shall be under the government and direction of the said To assess and raise taxes. Annual state ment of city finances. Riots. city council, and of such overseers of the poor and other offi-. cers as they shall for that purpose constitute and appoint; and the overseer or overseers of the poor appointed by the city council shall possess the powers and perform the duties of the like officers of the townships of this state, so far as such powers and duties shall be consistent with the provisions of this act. 35. And be it enacted, That the city council shall have power to borrow money from time to time, for all purposes for which they are authorized to raise money by tax, not exceeding in the whole the sum of twenty thousand dollars, and to secure the payment thereof by bond or other instrument, under their common seal and the signature of the mayor of said city, and to provide by tax for the payment thereof; but notwithstanding the limitation aforesaid, it shall be lawful for the city council to make temporary loans for a period not exceeding, with any renewals thereof, one year, which loans shall only be in anticipation of city taxes and of assessments for laying out and opening, straightening, altering or widening any street, road, highway or alley, and for the construction of sewers, and the regulating, grading and paving of streets and sidewalks, and shall not exceed the amount of such anticipated assessments and taxes, and to secure the payment thereof in the manner aforesaid. TITLE FOURTH. OF THE POWERS AND DUTIES OF CITY OFFICERS, AND THE EN- 36. And be it enacted, That it shall be the duty of the mayor to communicate to the city council, at their first meeting in January, in each year, and at other times when he shall deem it expedient, a general statement of the situation and 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 duly executed and enforced, and to exercise a constant supervision over the conduct and acts of all subordinate officers, and to examine into all complaints preferred against them for a violation or neglect of duty, and generally to perform all such duties as may be required of him by law. 37. And be it enacted, That the mayor is hereby invested with all the powers which any police justice of the said city is now, or may hereafter be invested with, and that the said mayor is hereby authorized, on witnessing any breach of the peace, forthwith to commit the offender for a hearing, without the issuing of any warrant or process; and that for the purpose of quelling any insurrection, riot, disturbance, or disorderly assemblage, the said mayor shall have control of the marshals, constables, watchmen, and other police force of said city, and the power to call upon the citizens for aid in all cases of insurrection, riot, or disturbance of the public peace; and when he shall deem it necessary, to call out the militia of the said city, and to employ the same in quelling such insurrection, riot or disturbance; every member of the city council shall have the power, and it shall be his duty, without warrant, to arrest, or cause to be arrested, any person engaged in his presence in disturbing the public peace, or violating any law of the state or ordinance of the city for the preservation thereof, or of good order or morality, and to bring, or cause such person or persons to be brought before some magistrate, to be dealt with according to law. is dead or sick 38. And be it enacted, That whenever there shall be a va- When mayor cancy in the office of mayor, or whenever the mayor shall be who to act. prevented, by absence from the city, sickness, or any other cause, from attending to the duties of his office, the president of the city council, or if the said president shall be absent or disabled, the president to be elected pro tempore, shall act as mayor, and possess all the rights and powers of the mayor during the vacancy in office caused by the absence or disability of the mayor or president of the city council. holders, sur 39. And be it enacted, That the chosen freeholders, sur- Chosen freeveyors of highways, overseers of roads, commissioners of ap- veyors, &c. peal in cases of taxation, constables and city clerk, elected or appointed as aforesaid, shall respectively possess the powers and perform the duties of the like officers of any township of this state, so far as such powers and duties shall be consistent with the provisions of this act; and that the receiver of taxes shall possess the powers and perform the duties of collectors of the several townships; the assessor and judge and inspectors of election of each of the wards of said city shall respectively possess the powers and perform the duties of the like officers of any township of this state, to the same extent and in the same manner in all respects as if each of the wards of said city was constituted a separate township of the county of Union, so far as such powers and duties shall be consistent |