Objects.

Annual meeting.

be solely and exclusively applied to procuring, maintaining and repairing such engines, engine houses, hose, ladders, buckets, fire hooks, wells, pumps, reservoirs of water, and other implements and machines, together with houses for storage and preserving all such fire apparatus, and to such other incidental expenses as shall, in the opinion of the board of wardens hereinafter named, be best calculated to secure said town from fire.

3. And be it enacted, That the amount of capital stock at any time held by said association shall be determined by said board of wardens, by an inventory of the property on hand and belonging to said association, at its actual cash value at the time of making such inventory.

4. And be it enacted, That the members of this association shall assemble on the fourth Monday in February, eighteen hundred and sixty-three, at seven o'clock P. M., at the court house in Woodbury, without further notice, and on the first Monday in January thereafter of each succeeding year, at such place as the board of wardens shall determine, notice of the time and place of such meeting being previously published in a newspaper printed at Woodbury, or by advertisements set up in three of the most public places within the boundaries aforesaid by said board, at least six days next before the day of such meeting; and the said members so assembled shall, at the first and every succeeding annual meeting, elect by ballot or viva voce, (as a majority of the members present shall first decide,) by a plurality of votes, a president, secretary, treasurer, and five fire wardens, who shall together constitute a board of wardens, one or more assessors, also three commissioners of appeal to hear and determine all complaints with reference to assessments made by virtue of this act, who Mode of pro- shall respectively hold their offices for one year, and until their successors are duly elected; and the said members then and there assembled shall also determine by majority of votes what amount of money shall be raised by assessment for the use of the association for the ensuing year, not, however, to exceed in amount the sum of one thousand dollars in any one year; provided, that nothing in this act shall be construed to effect the amount of money ordered to be raised by tax at the last annual meeting for the present year.

Election of officers.

ceedings.

Powers and duties.

5. And be it enacted, That the said board of wardens, when so authorized by resolution adopted by a majority of the votes at an annual or special meeting of said association, and entered upon its minutes, shall have power, in cases of exigency,

to borrow for the use of said association any sum not exceeding one thousand dollars in any one year, which sum shall not be increased until the same is first paid; and the said association shall provide for the payment of the same by tax; and any promissory note or notes, bond or bonds, or other instrument of writing, under the common seal of said association, and of the signature of the president of said board, shall be valid, and bind the said association and its property for the payment thereof.

6. And be it enacted, That the active powers of this asso- wardens. ciation shall be vested in said board of wardens, and they shall take charge of and keep in repair the property of said association; and the said board of wardens shall have power to fill all vacancies in their own body, or in any office under this association, until the next annual meeting; also to call special meetings of the members of the association whenever in their opinion it shall be necessary.

7. And be it enacted, That it shall be the duty of the Treasurer to board of wardens to require and take from the treasurer, be-give bond. fore he enters upon the duties of his office, security in an amount double the sum voted to be raised.

ties.

8. And be it enacted, That it shall be the duty of the as- Assessors. sessor or assessors, before entering upon their duties, to take oath and duan oath or affirmation before some justice of the peace of said county of Gloucester, that he or they will take a fair and correct list of all buildings and other property, as specified in section first, within the aforesaid limits liable to destruction by fire, with the names of the owners or occupants of such buildings and property, and the value thereof, and shall assess such sum thereon in the name of the occupant as may be deemed just and equitable, (the value of buildings and other property to be in separate columns,) in proportion to the whole sum ordered to be raised by the members of said association at their annual meeting; and in case of unoccupied buildings, the said assessment shall be made in the name of the owner or owners thereof, such assessor or assessors in all cases making such valuation as may be just, on account of the various dangers and hazards to which such buildings and property as aforesaid may be subject by reason of their local situation, the materials composing the same, or any other circumstance; which list or lists and estimate shall be made out and completed between the first day of March and the twentieth day of April in each and every year when an as

Notice of assessment.

Commission.

sessment shall be ordered, and shall, immediately after the said twentieth day of April, be delivered over to the treasurer. 9. And be it enacted, That it shall be the duty of the treasurer, immediately after receiving the list or lists of assessments as before described, to give to each individual or body politic or corporate, within ten days after receiving said assessment, a printed or written ticket containing in detail the amount of tax assessed upon buildings and other property, together with the time and place of meeting of the commissioners of appeals.

10. And be it enacted, That the commissioners of appeal ers of appeals shall meet on the second Monday in May in each and every year, at some convenient place named by the treasurer, within the boundaries aforesaid, and having first taken an oath faithfully and impartially to perform the duties assigned to them, or affirmation before some justice of the peace of the county of Gloucester; and when a majority of the commissioners are present, shall then and there determine, in a summary way, all complaints of any person or persons who feel aggrieved by any assessment so made as aforesaid, at which meeting the assessor and treasurer shall also attend, and the treasurer shall lay before the said commissioners the list or lists and estimates by him received from the assessor or assessors.

Notice to pay tax.

Delinquents names to be returned to justice.

11. And be it enacted, That after the appeals to the commissioners shall have been determined, the treasurer shall immediately give public notice in a newspaper printed in the borough, or by handbills posted up in three of the most public places within said boundaries, that if the taxes so assessed are not paid within thirty days from the date thereof, that the names of the delinquents will be returned to a justice of the peace for collection; and in case of the non-occupancy of any building, the assessment shall remain as a lien upon it, which lien shall be filed by the treasurer with the clerk of the county of Gloucester for record.

12. And be it enacted, That in case of non-payment of taxes, within the time specified in said notice, the said treasurer shall make out a list of the delinquents, whether individuals or corporations, with the amount of tax payable by them, respectively, thereto annexed, and shall deliver the same to some justice of the peace of the township in which said association is situated, accompanied by his oath or affirmation that he has given the public notice required by the preceding section.

13. And be it enacted, That the justice of the peace be

sue warrant.

fore whom such return shall be made, within five days after Justice to is the reception of said list of delinquents, shall deliver to the treasurer of the association a warrant to levy the tax so in arrear, with costs; and the said justice and treasurer shall proceed, in like manner, and under like penalties and liabilities, to levy the tax so in arrear, as is directed in the act entitled, "An act concerning taxes," approved April the fourteenth, eighteen hundred and forty-six; and the said treasurer and justice shall be entitled to like fees as for like services under said act; and the treasurer shall be authorized to perform the duties required to be done in and by this act, as fully as a constable elected at an annual town meeting.

14. And be it enacted, That in the prosecution of liens for Lien on real taxes remaining unpaid, this association shall be vested with estate. the same powers, and be subject to the same restrictions as are contained in the act entitled "An act to make taxes a lien on real estate, and to authorize sales for the payment of the same," approved March the seventeenth, eighteen hundred and fifty-four; and that the terms township, township committee and clerk, made use of in said act, shall be construed to comprehend association, board of wardens, and secretary of said association.

15. And be it enacted, That no person shall be qualified to who may vote or hold office by virtue of this act, who is not a member vote. of the association hereby created, and residing within its boundaries.

legal voting.

16. And be it enacted, That if any person shall vote at Penalty for ilany annual or special meeting who is not qualified as aforesaid, he shall be subject to a fine of five dollars, to be recovered with costs, before any justice of the peace of the county of Gloucester, in the name and for the use of the association provided, that any body politic or corporate may vote through its presiding officer, whether he be a member of this associa

tion or not.

n;

17. And be it enacted, That the said association shall have Powers of as power to raise and organize, from among its members and sociation. other persons residing within said limits, such engine, hose, or hook and ladder companies as the public good may from time to time require.

laws.

18. And be it enacted, That said company or companies of Rules and byfiremen shall have power to make such rules or by-laws for their regulation and government, not inconsistent with the constitution and laws of this state, as they may deem proper, and enforce the same by fines, collectable by law, in an ac

false alarms or malicious

mischief.

tion of debt, with costs, before any justice of the peace of the county of Gloucester, in the name of this association, and for the use of the said company or companies, respectively; provided, that such by-laws shall not be in force until approved by the said board of wardens.

Penalty for 19. And be it enacted, That any person who shall maliciously create or knowingly continue any false alarm of fire within said limits, shall on due proof thereof before any justice of the peace of said county, be subject to be punished by fine, in any sum not exceeding ten dollars, or by impris onment in the county jail, not exceeding ten days; and that any person or persons who shall in any manner wilfully injure, deface, or destroy any building, engine, pump, ladder, or other property of said association, on due proof thereof in manner aforesaid, shall be punished by fine not exceeding twenty dollars, and shall also pay double the amount of the costs of repairing said damage or injury; and that all fines and other moneys recovered under this section shall go, the one half to the informer, and one half to the treasurer, for the use of the 'association.

General Pow

ers.

Repealer and proviso.

20. And be it enacted, That this association shall possess the general powers, and be subject to the restrictions and liabilities contained in the act entitled "An act concerning corporations," approved February fourteenth, eighteen hundred and forty-six, so far as the same are applicable.

21. And be it enacted, That all acts or parts of acts heretofore passed inconsistent with this act, be and the same are hereby repealed; provided always, that this repealing clause shall not in any wise be construed to repeal any by-law or resolution heretofore passed, made or done by "Woodbury Fire Association" not repugnant to this act, but the same shall continue, and be in force and executed under this act, by any officer or officers holding office under or by virtue of any of the said acts so repealed, but the same may continue in, and hold their respective offices for the term for which they were respectively appointed, the same as if this act had not been passed; provided also, that nothing contained in this act shall affect the bond given by the treasurer of said association, but the same may be sued in the same manner, with the like effect, as if this act had not been passed.

22. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved February 18, 1863.