The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-06
CHAPTER Liz.

MAR LA
An Act to amend an act entitled An act providing
for the formation and government of towns.n APP
proved April twenty-fourth one thousand eight
hundred and lightweight.
1. Be it enactedby the Senate and General Assem-,
bly, of the Stale of New Jersey, That section one
of said aboyerecited act be and the same hereby is
amended so that said section shall read as follows:
l. Be it enacted by the Senate and General Assem-
bly, Of the State of New Jersey That the inhabitants
of any town or borough, or of any township having
a special charter or of any township which has or
hereafter may have population five thousand in
habitants, may become a body polite and corporate
in fact and in law by the name and title of the
town of Specifying the name borne by such town.
borough or township in the county of Specifying
the county in which the same is situatedfn when
at any special election called for that purpose
or at any town or charter meeting or election, at
which the question Incorporating under this act
is submitted, hereinafter provided it shall be so
decided by majority the voters thereof voting
at any such election.
2. And be ii enacted, That section two of the said
act be and the same hereby is amended so that the
same shall read as follows
2. And be it enacted, That the council, township
committee or other governing body of any such
town, borough or township, upon the petition in
writing of at least fifty resident freeholders may
by the votes of a majority of all the members there
of adopt ordinance for the holding of a special
election in such town, borough township for the
purpose Of deciding whether such town, borough or
township shall become incorporated as a town un-
der the provisions of this act which ordinance shall
prescribe the lime and place or places of holding
such special election and such other regulations re-
specting the same may be deemed necessary and
proper provided however, that instead of proyid-
ing for special election such ordinance may pro-
vide for submitting the question of incorporating
as town under this act, to the voters OF such town
borough or township at the town charter meet
ing or election to be held next thereafter
g. And be it enacted, That section three of said
act be and the same hereby is amended so that the
same shall read as follows:
s. And be it enacted, That if special election be
called notice of the same shall be given by adver.
tsement published in the official newspaper or news
papers (if any of such town, borough or township
and If there be noue in at least two newspapers pub
lished in the county, and circulating in such town
borough or township, at least once in each week
for two weeks successfully, and by printed notice,
posted in at least one hundred conspicuous place,
therein, at least fifteen days next preceding the tim,
appointed for such special election which advertise
ments and notices shall specify and set forth ths
time, place or places aud the object and purpose o
holding such special election and in said ord
nance provides for submitting the question of in
cooperating as town under this act at a town OF
charter meeting or election notice thereof shall be
given by advertisement published in the official
newspaper or newspapers of such town, borough OF
township Of anyj and if there be none in two news
papers published in the county and circulating in
such town, borough or township. for two weeks
cessively, next preceding the day appointed by law
for holding election, at least in each week.
and by printed notices posted in at least one hum
dred conspicuous places therein at least fifteen days
prior to the day appointed by law for holding such
election which advertisement aud notices shall sci
forth that the question Of incorporating a town
under the provisions Of this act will be submitted
at the next ensuing town or charter meeting OF
election.
4. And be il enacted, That section four of said
act be and the same hereby is amended so that the
same shall read as follows:
4. And be IL enacted, That any special election
held under the provisions of this act shall be by
ballot and shall be held and conducted under the
general acts respecting elections, and the votes shall
be eanvassed aud counted in the manner provided
by law for canyassing and counting votes at town
local elections held in such town, borough Oh
townships the ballots shall contain the words h" loI
incorporation as town under the act entitled an
act providing for the formation and government Of
towns or against incorporation as towon under
the act entitled an act providing for the formation
and government Of towns ," and in case the ques-
ton of incorporation a town under this act shall
be submitted at town or charter meeting cleo
uou, the words Tor incorporation town under
the act entitled an act providing for the formation
and government of towns - shall be printed on
each ballot beneath the list of candidates thereon;
If said words proposition be marked off or de-
faced upon the ballot il shall be counted as a vote
against the same, If not marked off defaced the
ballot shall be counted as a vote In favor thereof; #
majority of the votes east at any special town
charter meeting or election shall be in favor of in
corporation a town under this act, then within
three days after the result of the election shall have
been declared, certificate of the result Of such cleo
tion signed by the chairman of the council,
tee governing body of such town, borough or
township and attested by the clerk thereof togeth-
with certified copies Of the petition, ordinance,
and statement of the board of canyassers election
officers who eanvassed the vote, and proof by aii-
davits that due notice OF such election was given,
shall be filed with the secretary OF state and from
and after filing the same such town, borough or
township shall be and it is hereby declared to be
body polite and corporate IN fact and in law by the
name and title aforesaid, and by said name and
title shall have perpetual succession, and be
sued, prosecute and defend in all courts In this
state; have common seal and alter the same at
pleasure, and purchase, hold and convey real and
personal property for the use and benefit of the
town.
8. And be 1t enacted, That section six of said act
be and the same hereby is amended TO read as
follows.
g. And be 1t enacted, That the officers of any
town, borough or township which has voted as
aforesaid for incorporation town under this act
who shall hold Office at, or whose terms of Office
may commence after the term Of filing the aforesaid
certificate with the secretary OF state, shall except
as hereinafter provided continue to hold their re-
spectiye offices until the first day Of May next sue
ceeding the first annual town election held under
this act and until their in office shall he
elected or appointed and shall in all things be sub
teet 10 the provisions of this act in the way
II they had been elected hereunder; and no surety
of any such officer shall be discharged from liability
on account of any change made in the duties of such
officer by this act unless within five days after this
act becomes operative in such town he shall In writ
ing notify the council of his intention TO wit hdraw
from his suretyship, in which case he shall be dis
charged from liability from the time this act be-
comes operative In such town, aud the council may
require such officer to furnish new or additional
sureties in place of those Withdrawing as aforesaid
and II he fails or negects so to do the council may
declare his office vacant and may ill such vacancy
in the manner hereinafter prescribed for filling
vacancies provided, however, that in case any
town, borough or township adopting this act shall
have been previously divided into wards the mem
beers OF the council, committee governing body
thereof shall respectively continue In office and
serve out the terms for which they were elected
representing therein the wards in which they shall
respectively reside, aud no member of the council
shall be elected from any ward until its representa-
ton therein shall have been reduced to less than
two members.
G. And be 1t enacted, That section sixteen of said
act be and the same hereby is amended 80 that the
same shall read as follows
16. And be II enacted, That except as herein other
wise provided, at the first town election held under
this act one member of the council from each ward
shall be elected for one year, and one member for
two years, and one member of the board Of eduea-
ton shall be elected for one year, and one member
for two years, and member for three years and
lne electors Votlhga sucn electonsha designate on
their ballots the terms for which the several eand-
dates for said offices shall be elected and thereafter
annually member of the council shall be chosen
from each ward for two years, and member of the
board of education for three years.
Z. And IL enacted, That section forty-two of said
act be and the same hereby Is amended to read
as follows:
AZ. And be Il enacted, That the town council shall
meet annually for organization the first day of
May unless that day should happen to be Sunday
in which case they shall meet the day preceding
the councilman af-arge shall be the chairman and
shall preside at all meetings of the councils In his
absence the council may elect one of their number
as chairman for the time being; they shall appoint
the times of meeting. determine and establish the
rules of their proceedings and pass ordinances
bylaws and resolutions pertaining to the purposes
and objects of the corporation and necessary aud
proper for carrying out the provisions of this act
s. And be it enacted, That section eighty-two of
said act be and the same hereby is amended SO that