The Penn's Grove record., 1891-05-15
far AUrHomrT.l
LAWS OF NEW JERSEY.

An Act for the formation aud COVE rnmen, Of VI
Iarea

habiants Of any township. or part Of one or NOR
townships In this state may become incorporate
As a village under the provisions OF THIS act ~ cum
plying herewith: provided that no village shall y
so Incorporated that shall not contain al least thte'
hundred inhabitants; and u the territory lneluuet
In such proposed village shonld exceed ON sisaa,
hundred inhabitants for every additional hpuar'
mile OF fraction of o mile OF area,
2. Aud be Il enacted. That the proceculhgs w
the formation Of such village shall be commences
By q petition for an election to be held under thl'
act. addressed TO the judge Of the circuit court y
and for the county wherein said proposed Nlilage u
siruated. which petition shall set forth the hant
and boundaries of the proposed village ana D'
signed By persons owning 81 ieast One-htth IN Nhlu'
ofthc taxable real estate in the limits OF tne pro
posed village As the same appears upon the assess
ors duplicate for the preceding annual tax levy.
s. Aud be it enacted. That previous TO the pres
CITATION Of said petition the said petitioners sosh
cause an accurate map and verbal description OF tns
boundaries OF the territory Intended to be cmDfaceu
within such village to be made by a practical sur
Veyor. showing the qusntity of land IN such telrl-
tory. 10 be verified BY the affidavit OF the surveyor
and shall also cause an accurate census to De tatch
Of the resident population of such territory withih
thirty DAYS of the time of presenting SAID peiition,
which census shsll exhibit the name OF every mead
Jf a family and the number OF such family resIuing
In said territory at the time of taking snch census;
such census shall be verified by the affidavit OF the
person taking the same, written thereon or annexed
thereto; such survey map verbal 9esc5'peoh y
the boundaries and census completed ana Nefintu
As Aforesaid shall be filed. with said petition, with
The clerk Of said county, and be open to the inspcc-
ton of all persons interested.
& And be il enacted, That upon the presentation
and ding % said petition, map and census, u shall
be the duty Of said Judge to appoint a time tor the
consideration of said petition, notice OF Which shalI
be in writing, set up at least ten days previous 70
said time, In FIVE Of the most public places within
said proposed village limits, and published NJ least
twice In a newspaper published therein, If any. and
II none go published, then in q newspaper published
in said county; such notice shall contain the name
and haundarias nf the urDDOepd village, and snail
state that on the day 80 appointed the SAID ludge
will sit TO hear and consider what may be said
thereon by any persons ! terested.
5. And be il enacted, That at the time and place
30 appointed the said Judge shall hear AL parties
who may appear before him and desire to be heard
on any question affecting the propOsed incorpora-
Of the said proposed village are such as will be
probably most advantageous and consistent win
The public interests, in view of the character OF the
locality and community proposed 70 be Incorporated
and will not unduly or unretsonably include or ex-
clude any territory that ought not TO be included or
excluded: and said judge shall confirm, amend or
alter the boundaries thereof as shall seem TO hun
most consistent with public and private interests;
and may designate another name for the proposed
village than shat specified In the said petition If
there shall appear to him to be good reason why
some other name should be substituted therefor,
6. And be i, enacted, That said judge shall also
determine BY afndavlts or evidence taken before
him whether the said proposed village contains the
population mentioned In the first section OF this act,
ana NnetIeT SAD petition j. slg0tu ny pttltlOhtI5
owning the requisite amount of real estate; he may
adjourn said hearing from tim to time, ana make
such orders as may be necessary 10 correct or
amend any defective proceedings. and shall ne
with the clerk of said county his determination in
writing of the matter submitted to him. including
the name and description of the boundaries of the
proposed village as finally determined by him.
which determination aud finding of said judge
shall be the basis on which future proceedings for
Incorporation shall be founded.
Z. Aud be it enacted, That in case any OF the
signers of such application shall be dissatisfied
with the determination of said Judge, 1t shall be
lawful for them to file their dissent in writing and
their desire TO have their names removed from said
petition within five days after said judge shall have
filed his determination as Aforesaid: provided. 1t
shall be lawful for any other owner of taxable real
estate within said terr1tory to cause his name 10 be
added to SAID petition within the zane time, and If
then it shall appear Ito be decidedly SUMMARY by
said JIdgel that the names of the owners Of less
than one'ffth of the taxable real estate within sad
territory remain on said petition. then the whO,e
application shall be deemed to DO abandoned and
the proceedings shall be dismissed, but II the names
remaining on said petition or added to II IS afore-
said represent the owners of more than oue-ffth of
said taxable real estate, then an election shall be
held as herein provided.
8. And be 1t enacted. That therenpou it shall be
the duty Of said Judge to call a special election, TO
be held at some convenient place within the said
proposed village, by notice In writing under his
hand, which notice shall contain the name and an
accurate description Of the boundaries of the pro-
posed village. and state the object Of the said cleo
ton TO be to vote for or against the incorporation
OF the said proposed village under the provisions of
this act: which notice shall be set up at least
twenty days previous to said proposed election in
five OF the most public places within the said pro-
posed village limits, and published for two weeks.
at least once in each week. in a newspaper printed
and published within the said proposed limits. IL
any, or II none so published. then in a newspaper
printed and published in the county wherein said
proposed village il situated.
9. And be 1t enacted. That the said Judge shall
appoint by writing. under his hand, a Judge and
two inspectors of said election, who shall be legal
voters IN said proposed village, and who shall hold
and conduct the election aforesaid at the time and
place specified in the said notice; the polls shall
open aud close at such hours as said Judge shall
direct in said order, provided the polls shall be
open not less than six hours. and the election shall
be conducted, as nearly as may be. in like manner
rs township elections are conducted; the ballots
cast shall contain the words for incorporation" or
against Incorporation as the case may be: at the
close OF the polls the said Judge and inspectors of
election shall canvass the votes cast, and they shall
forthwith certify the result of said election. and
the number of votes east for and against incorpora-
tlon' under their hands, to said circuit court Judge.
to be hled in the office Of the clerk of the county
wherein said village is situated.
10. AND DC it enacted. That at the expiration oil
1--WE days from the fling of said certificate. the said
circuit Judge shall examine the same, and il the
SAID proceedings appear to be regular and legal,
shall confirm and establish the result of said cleo
ton by writing under his hand, to be filed with said
clerk; provided that any ell ctor qualified TO vote at
t'F W. may "tNlllh htt uNE NJ III UlitI
OF SAID ccrtificAte, appeal to said Judge by petition,
specifying any irregularities IN and objections to
me legaity OF said election. and praying that the
same be Investigated by SAID judge, aud If found
illegal be set aside, and the said Judge shall there
upon appoint a time and place for hearing the same,
upon such noti"e as he may order. and on such day
shall proceed to hear the same, and shall have pow
or bysuopGna to compel the attendance of wit
ness before him, and may adjourn said hearing
from time to time as may be necessary, and shall
Me his determination as to the legality Of said cleo
tim with the ntH - a H. - - - =.
eide such election to have been illegal. he shan
forthwith. on the rendering Of his decision, make
an order and file the same in the said clerks Office,
directing another election to be held to determine
me question OF the incorporation of such territory:
the election so ordered shall be held on notice of
such election, given in the same manner as the no.
tice OF the previous elections as to interpretations;
such second election shall be held In the manner
and by the persons as judge and inspectors as here
inbef0re provided for or by other persons 10 he
appointed by said circuit Judge in their places, who
snali MAKE q certificate OF such election, such as
was required at the previous election. by this act,
and lie the same as directed as to the certificate of
the previous election, which shall be subject 10 the
determination and review of the said Judge as
her; IN provided IN repect to said first election; up-
on the Hing by said circuit Judge of his certificate
determining that the election held under this act ia
legal, and that : majority of the votes cast are for
Incorporation, then such territory shall he an in.
corporated village within the intent OF this act from
the time of Hing of the certificate Of said indre and
said Judge shall also file with said determination an
,"uet ues'snathS u time ana place within said viii
lagc for the first election to be held for
the election OF such village officers as shall be re-
qnired to be elected by this act, which time shall be
within thirty days from the date of filing said deter
Inination.
IL. And be it enacted, That IL at either of such
elections a majority of The ballots cast shall he
against Incorporation, then such territory shall not
De an incorporated village, and in that case no sec
ono election can be held therein, under this act,
WITHIN sne year from the time the first of such cleo.
tons was held.
IL. And be it enacted. That the inhabitants of
any village Incorporated under this act shall be a
body corporate in fact and in law. by the name of
the village OF --(beingt the name stated in the
notice OF the ~election), and by said name shall have
perpetual succession aud may sue and be sued.
and defend. In any courts by such name:
may make and use u common seal and alter il, and
receive by gilt. purchase, grant, devise or bequest.
and hold aud convey real and personal estate n,
the use and beue6t of said village.
H. And be IL enacted, That the persons hcrcinbe-
lore designated ~ Judge aud Inspectors of the cleo.
ZION Tor Incorporation, or a majority OF them, shall
give notice stating that, on a day stated and al n
pace named IN such village. and between certain
hours: being the Time aad place appointed by the
said circuit judgc, an election will Be held for tbe
to be elected by this act; such notice shall be pub
lished 10 a newspaper If one shalr be published in
sald village and posted ny printed handbills in 1--WE
punllc places a. least ten days before the time Of
holding such election; such election shall be held
Tor at least the space of four hours uninterruptedly
between twelve O'Clock noon aud seven O'clock m
the aftertloOn, aud the notice of the election shall
staie the hours OF opening and closing the polls and
the names of the Oaises To he filed,
u Aud be IL enacted, That in case Of The failure
Of any OF said election officers to act. the legal voters
present at the | me and place desiyDated for said