Compensation of officers. taxes, how lected duties, act in all cases in which no special instructions shall have been given by the common council, in accordance with the general school law of this state. 14. And be it enacted, That it shall be lawful for the common council of said city to pay the treasurer, clerk, assessor, school superintendent, overseer of the poor, marshal, and other officers and agents of said city, such compensation for their services as the said common council may deem reasonable and proper; provided, that those compensations shall at once be determined to be a full compensation for all services belonging to and in any way connected with the respective offices. Assessment of 15. And be it enacted, That the assessor of said city shall made and col- assess upon the persons and property of the residents, and the property of non-residents within the said city, and the treasurer shall collect all taxes ordered by the common council of said city directed or required to be assessed or collected within the said city, in the same manner, but three months before the time, as the assessors and collectors of townships are or may be by law required to assess and collect the state and county tax within their respective townships. Commissioners of appeal. Proceedings in case of nonpayment of taxes. 16. And be it enacted, That the commissioners of appeal in cases of taxation shall convene annually at the time and place determined upon and published by the common council, to hear and determine all appeals, and they shall sit from nine o'clock in the morning to six o'clock in the afternoon, if necessary so to do, and for such further time as may be required. 17. And be it enacted, That the treasurer shall, at least one week before the day of appeal in cases of taxation, demand of all persons taxed the amount of their tax, by notice served upon them personally, if he can find them in the limits of the city, or left at their residence, if living in the city, and shall at the same time give notice of the time and place of the meeting of the commissioners of appeal in cases of taxation, and no other notice shall be required; and in case of the non-payment of any taxes three months before the day the township collectors are by law required to make out lists of delinquent taxpayers, the treasurer shall make out a list of the names of the delinquents, with the sums due from them respectively annexed, and deliver the same to the mayor or a resident justice of said city. 18. And be it enacted, That it shall be the duty of the said quent tax made. mayor or justice of the peace, on receiving a list of the names List of delinof such delinquents, to administer an oath or affirmation to payers to be the said treasurer, that the moneys in said list had been duly demanded, on due notice given, or left at the usual place of residence of such delinquent who can be found, or who may then reside in said city, and thereupon to give to the said treasurer a receipt for such list, certifying therein the names of the delinquents and the sums at which they are respectively assessed; and it shall be the duty of said mayor or justice, within thirty days after the receipt of the list of names of the delinquents, to deliver to the treasurer of said city a warrant requiring him to levy the tax so in arrears in the manner prescribed by the laws of the state of New Jersey relative to the collection of state, county or township taxes, and the said treasurer shall in the execution of said warrant, which warrant may embrace several parcels of land setting forth the amount due by each owner, have the same power and the same duties to perform, and shall be subject to the same forfeitures and penalties as are prescribed to the constables in regard to the execution of such warrants; he shall, however, not be entitled to extra compensation for the said execution, the same being considered part of his general duties and paid for in his yearly salary as determined by the common council. sell lands for 19. And be it enacted, That if, in the execution of any Treasurer to such warrant, the sale of uncultivated lots and tracts of land, unpaid taxes. the owners of which are unknown and cannot be ascertained, or if known are non-residents of said city, shall become necessary for the purpose of obtaining the respective taxes, then it shall be lawful for the said treasurer, in case the said taxes have remained unpaid for the space of two years after the time when they were payable, to make the said taxes, with the interest and costs thereon, by a sale of said lands in the manner such sales are according to the respective provisions of the law to be conducted, and if, after the payment of said taxes, interest and costs, any balance remains, such balance shall be deposited with the common council, who shall cause the clerk to record such deposits into a particular book to be held for this purpose, and shall instruct the treasurer about the manner of safe keeping the amounts thus deposited; no deed shall, however, be given to the purchaser of lands which are sold under the above provisions until after the lapse of one year from the time when the said lands shall have been sold, and if during that time the owner or owners of any such Duties of city marshal. Constables. Shall give bond. lands, or any person having any claim upon or interest in the same, shall appear and claim the said lands and pay the taxes then due thereon, with cost and interest at the rate of twelve per centum per annum, and pay further for improvements in cultivating, if such have been made thereon, such sum to the respective purchaser as shall be determined by two disinterested persons, to be appointed by the common council, then the said common council shall refund the purchase money paid by the purchaser to him with interest thereon, and deliver possession of the said lands to the person or persons so redeeming the same, and in case no person shall appear to redeem the said lands, then on or after the expiration of one year from the said day the said treasurer who made the sale of said lands, or his successor in office, shall execute and deliver to the purchaser of the land so sold a deed for the same and such purchaser shall by virtue thereof hold the said lands to himself, his heirs and assigns forever against the owner or owners thereof, and against every other person claiming under such owner or owners; all balances of purchase money for land thus sold and not redeemed shall be held by the common council as above provided for until the person or persons entitled thereto shall apply for the same, and upon the common council being satisfied that such person or persons so applying are entitled to such balance, then to pay over the same to such person or persons. 20. And be it enacted, That it shall be the duty of the marshal of said city to execute all processes issued or delivered to him to be executed by the mayor, or a resident justice of said city, in the same manner, and to the same extent of jurisdiction as a city constable; and he shall maintain good order, and preserve the peace within the limits of said city, enforce all ordinances, arrest and imprison offenders, keep the city prison and hall, and perform such other duties as the common council may require, or as may be required by the ordinances of said city, and give such security, and in such sum, as the common council may require. 21. And be it enacted, That the constable, or constables, of said city, shall have the same power and authority, and be authorized to perform the same duties, in civil as well as in criminal cases, in all respects, to serve warrants and other processes, in the same manner and to the same extent of jurisdiction, and be entitled to the same fees and compensation for his or their services, and shall enter into such bond, with sureties to be approved by the common council of said city, as he or they would be by law required to enter into if he or they had been elected to the office of a township constable, under the laws of this state relating to township constables. corded and 22. And be it enacted, That the bond to be given as afore- Bond to be resaid by the said constable or constables, shall be recorded fled. and filed by the clerk of the said city, in his office; and the common council are hereby required and directed, if need be, to prosecute the said bond or bonds, for the behalf of and to the use of every person or persons whatever, who may have sustained loss by the neglect or misconduct of said constable or constables in executing the duties of said office; and suits or actions to be brought or prosecuted on said bond or bonds shall and may be brought and prosecuted in the manner prescribed by the third section of the act entitled "An Act respecting constables," approved April sixteenth, eighteen hundred and forty six. stables 23. And be it enacted. That it shall be the duty of the Duties of conconstable or constables so elected as aforesaid in said city, to preserve and maintain, at all times, the peace and quiet of said city, to arrest and imprison offenders against the crdinances of said city or this state, to serve all processes which may be issued by any justice of said city, and to perform such other duties, and under such penalties, as the common council of said city shall from time to time prescribe. clerk. 24. And be it enacted, That the clerk of said city shall Duties of city keep, and when necessary, record all official papers belonging to the same; he shall attend all meetings of the common council of said city, and keep accurate minutes of the proceedings thereof, and shall give lawful notice of all such meetings and of annual and special elections; he shall record in a proper book to be provided for that purpose, all ordinances passed by said common council, and duly certify the same; he shall procure ballot-boxes for the use of said city, in such manner and of such description as are required to be procured by the township clerks of this state, and subject to the same penalties as township clerks are now subject to for neglecting to procure said boxes and keep the same in repair, and shall perform such other duties as the common council may from time to time prescribe. treasurer. 25. And be it enacted, That the treasurer of said city shall, Duties of in addition to the duties of a collector hereinafter prescribed, Inhabitants tent as wit Ijsses. receive and pay out all moneys belonging to said city, under the direction and authority of the common council, and shall, at least seven days previous to each annual election, make out a full and true account of the moneys raised by tax or loan for the use of said city since the last annual election, and of the application and expenditure of the same, and deliver the said account to the clerk of said city, and in default thereof shall forfeit and pay fifty dollars, to be by him filed in his office; and it shall be the duty of the said clerk to cause a copy of said account to be set up in three of the most public places in said city, at least five days previous to the day of each annual election, and in default thereof shall forfeit and pay fifty dollars. 26. And be it enacted, That upon the trial of any issue, or the not compe- judicial investigation of any fact, to which issue or investigation the mayor, clerk and common council of said city are a party or in which they are interested, no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant or freeholder of said city, and if any person shall be sued or impleaded by reason of anything done by this act, it shall be lawful for such person to plead the general issue, and to give this act and the matter in evidence at the trial. In case of fallue to hold 27. And be it enacted, That in case it shall so happen by election on any means that the annual election herein before provided cers hold over for shall not be held at the time designated therefor as aforesaid, then the mayor and other officers of the said city, of the preceeding year, shall continue to exercise their several offices, powers and authorities until an election shall be duly held; and it shall be the duty of the common council forthwith to appoint another day for a special election for officers of said city, of which time the city clerk shall give ten days notice as aforesaid, and which shall be conducted in all respects in the manner herein before described for holding annual elections. 28. And be it enacted, That the overseer of the poor of said city shall perform and discharge all duties now required by law to be performed by overseers of the poor of the several townships of the state, and for that purpose it shall be the duty of the common council to pass all ordinances necessary for the regulating and better support of the poor within the corporate limits of said city, but in no case shall the said overseer or common council be entitled to receive any portion of the money which shall be raised for the support of the poor of the townships of Mullica, Galloway and Hamilton; nor shall said |