Common

be summoned and held at such times and places in said city Meetings of as they may appoint, the mayor shall preside at the meetings council. of the common council, and have a casting vote only, and if he be absent, one of the common councilmen may be appointed by the members present, chairman pro tempore, and a majority of the whole number of members shall be a quorum to transact business; 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 notice; and in all cases of special meetings, notice shall be given to all the members of the said board of common council in person, or left at their places of residence.

held, &c.

4. And be it enacted, That an election by ballot shall be Election when held annually at such time, place and manner as the election of members of the senate and general assembly may be held in said city, of which election the said common council shall cause public notice, either printed or written, to be set up in five public places in said city, at least one week previous to the day of such election, at which election one mayor, three common councilmen, one or two justices of the peace (if there is any vacancy for this office), one clerk, one treasurer, one assessor, two chosen freeholders, two constables, one overseer of the poor, one marshal, three judges of election, three commissioners of appeal in cases of taxation, one harbor master, one poundkeeper, three trustees of common schools, one of them elected to serve for one year, another elected to serve for two years, and the third elected to serve for three years, and one trustee shall be elected every year after the first election held under this act to fill the place left vacant as above provided, and one superintendent of common schools shall be annually chosen in said city from among the citizens residing therein and entitled to vote at such elections, which said several officers shall hold their respective offices for one year, except in cases of the common councilmen and the trustees of common schools, and until others shall be chosen and legally qualified in their stead.

which elec

5. And be it enacted, That the officers of the said election Manner in shall be the same as those holding and conducting the gene- tion shall be ral election, and the said election in all things shall be conducted, continued and concluded as nearly as may be accord

conducted.

Vacancies to

Common

council.

ing to the same rules and regulations, and under the same. restrictions and penalties as are prescribed by the laws regulating the election of members of the senate and general assembly, and after the polls shall be closed, the said judges shall count the votes given for the several candidates and certify the results under their hands and seals, and deliver such certificate to the clerk of said city, who shall file and preserve the same in his office, and the persons having the greatest number of votes shall be deemed to be elected to the offices for which they shall be voted for respectively.

6. And be it enacted, That in case of death, resignation, hed by inability, disqualification, neglect or refusal to act, or removal out of the city, of any of the officers thereof, it shall be lawful for the common council to appoint others in their place. until the next regular election, who shall, during the said time, perform the like services, be entitled to the same fees, and be subject to the same responsibilities as though elected at the same election.

Officers to be sworn and give bonds.

Powers of the mayor.

7. And be it enacted, That before any of the said officers shall take upon themselves their respective duties, they shall take and subscribe an oath or affirmation for the due execution of their respective offices, before one of the justices of the peace of the county of Atlantic, who are hereby authorized and required to administer the same, or before the mayor of said city; and the treasurer, clerk, constables, marshal and harbor master so elected, shall each give bond to the said city, in such sum and with such sureties as the common council may approve, for the faithful performance of their respective offices; and no member of common council shall be taken as security upon the bond of any officer.

8. And be it enacted, That the mayor is hereby invested with all the powers which any justice of the said city is 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 the control of the con. stables and 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 employ the same in quelling such insurrection, riot or disturbance;

and he shall have the power, with one or two justices of the peace, as the case may be, to try and determine all cases of assault and battery, petty larceny and similar cases occurring within the limits of said city, subject, however, to the laws concerning the same.

9. And be it enacted, That every person against whom Right of apjudgment may be obtained before the mayor or any justice of peal. the peace for the violation of any of the ordinances of the said city, shall have the right of appeal, in common with the city, to the higher courts, as in case of civil suits before justices of the peace.

duties of com

10. And be it enacted, That it shall be lawful for a majority Powers and of the whole number of common council that may be assem-on connell bled in council meeting convened, to pass all ordinances for establishing a public ground or grounds, and for reclaiming, improving, regulating and protecting the public grounds and walks, for regulating, leveling, grading, paving, flagging, graveling, improving, clearing and repairing the avenues, streets, alleys or sidewalks therein, for ascertaining and establishing (by appointing a city surveyor or otherwise) the lines and boundaries of the same, and for preventing and removing all encroachments, incumbrances and nuisances upon the same, and for regulating the planting and protection of shade trees, for compelling the occupiers and owners of lots to grade, curb and pave the sidewalks opposite their lots, and to keep the same and the gutters clear of snow and ice, and other impediments; for regulating wharves, docks and piers belonging to or about said city, and the rates of whartage for all wharves in charge of or owned by said city; for abating and removing all nuisances on or in Mullicas or Little Egg Harbor river, opposite the said city, and in any creek, street, wharf, or other place in said city, and for preventing or removing all obstructions in the Little Egg Harbor river opposite the same, and for the regulation of the distances any wharf or wharves may be built out into the Little Egg Harbor river, opposite the same; for causing common sewers or drains to be made, and granting permission to construct vaults in any part thereof; for lighting the streets, and for regulating the laying of gas or other pipes in or under the same; for sinking and regulating wells, cisterns' and pumps in said streets; for erecting, maintaining and regulating public markets in said city; for erecting and maintaining a city hall, city prison, school houses, and such other public building as may be necessary or convenient in said city; for

the better regulation and support of the poor; for preventing persons from riding, driving or passing over or upon the sidewalks with horses, wagons, carts or carriages, or animals of any description, and for preventing the immoderate riding or driving through or in any avenue, street or alley in said city; for the prevention or suppression of fires; for compelling the cleaning of chimneys; for appointing watchmen and additional police, and prescribing their powers and duties; for regulating the vending of meats and vegetables; for regulating butchers, hawkers, pedlars and petty chapmen; for the more effectual suppression of vice and immorality; for preserving peace and good order; for restraining vagrants, mendicants and street beggars; for suppressing and restraining disorderly and gaming houses, or public gaming in the said city; for preventing and restraining riots, routs, disturbances or disorderly assemblages, and the carrying of concealed weapons in any street, alley, house, or any other place in said city, and on the Little Egg Harbor river opposite thereto; for preventing the running at large of cattle, horses, goats, geese, chickens, dogs and swine, and for imposing a reasonable tax upon the owners or possessors of dogs; for prescribing and defining the duties of the several officers elected in said city, and such other ordinances for promoting the peace, good order and prosperity of said city as they may deem expedient, not repugnant to the constitution of the United States or of this state; and to enforce the observance of all such ordinances, by prescribing a forfeiture or penalty not exceeding one hundred dollars, to be recoverable by action of debt, with costs, before the mayor or any justice of the peace of said city, in the name of "The Treasurer of Egg Harbor City," for the use of said city, or they may prescribe punishment therefor by fine or imprisonment in the city prison, or both, to be imposed by the mayor or justice hearing or determining the same, the fine not to exceed one hundred dollars, and the imprisonment thirty days, and until fines and costs be paid; all said ordinances shall be caused to be published by printed handbills, put up in five of the most public places in said city, by the clerk of said city, for at least ten days before said ordinances shall go into effect; and no ordinances shall be enacted or passed by said common council unless the same shall have been introduced before said common council at a previous meeting.

11. And be it enacted, That a majority of the whole num

granted, and

poses.

ber of members of common council that may be assembled, Licenses, how exclusive of the mayor, or presiding officer in council meeting for what pur convened, shall have the sole, only and exclusive right and power of granting licenses under the common seal of said city to all and every innkeeper and retailer of spirituous liquors residing within said city, subject to the same provisions, and in like manner, as the same may lawfully be done by the courts of common pleas in this state, except that they may grant them for such length of time, not exceeding one year, as they may deem best; and they shall have the sole, only and exclusive right and power of licensing such and so many keepers of oyster-houses and cellars, and places for the sale of fermented liquors, within said city, upon such terms and conditions, and under such regulations as they may deem most conducive to the good of said city; and the amount assessed and paid upon granting all licenses, shall be paid to the city treasurer for the use of said city.

taxes.

row money.

12. And be it enacted, That it shall be lawful for the com- Assessment of mon council of said city, by ordinance, to order the raising and cause to be raised, by tax, from year to year, such sum or sums of money as they shall deem expedient for defraying the expenses for the government of said city and the carrying out and maintaining such public works and public institutions as may be necessary or useful to the welfare of its inhabitants; and it shall be lawful for the common council to Power to borborrow money, from time to time, in the corporate name of the city, for all purposes for which they are by this act authorized to raise money by tax, and to secure the payment thereof by bond, note, or other instrument of writing under the common seal of the city and signature of the mayor, and to provide by tax for the payment thereof; provided, that no Proviso. loan shall be made without the concurrence of two-thirds of the members of the common council present at the respective meeting of the same; and there shall not be a greater sum than five thousand dollars raised by loan in any one year, and that the said city shall not owe over twenty thousand dollars at any one time.

13. And be it enacted, That the said city shall constitute Schools. one independent school district, and it shall be the duty of the common council to regulate all public school affairs in said city, independently of the supervision of the county superintendent of public schools; and the school superintendent and school trustees of said city shall, in performing their respective