Council may correct re

port.

Vacancies, how supplied.

Proceedings in case of nou-payment of assessment.

city council, and return to them the said report of the said commissioners, with the objections of the parties, together with the views and opinions of the said committee respecting the said report.

12. And be it enacted, That the city council shall thereupon examine the matter, and may correct said report and assessment, if they deem proper, and ratify the same; and every report of assessment, from which no appeal shall be taken, which shall be duly ratified by the city council, shall be final and conclusive; or they may return such report and assessment to the said commissioners who may have signed the same, and the like proceedings shall be had when the report is returned, as in the first instance.

13. And be it enacted, That in case of the resignation, death, disability, or removal from said city of one or more of the commissioners appointed under the provisions of sections four and nine of this act, it shall be lawful for the city council to supply by appointment the vacancy or vacancies so caused.

14. And be it enacted, That whenever any report of assessment shall be ratified by the city council, such report shall be delivered to the city treasurer, who shall forthwith prepare an abstract of such assessment, and enter the same in a book to be kept for that purpose, and shall give notice in one or more newspapers published in said city, for two weeks, stating in general terms the streets or sections of streets comprised in such assessment, and requiring the owners of land and real estate assessed in such report, to pay the amount to him, at his office, within sixty days from the first publication of the notice; and, in default of such payment, or any part thereof, within the time specified in said notice, it shall be lawful for the city council, as they may deem proper, either to bring an action on the case in any court of competent jurisdiction, against the owner or owners of such lot, tract or parcel of land and real estate, for so much money laid out and expended by them for the use of such owner or owners, and declare generally, and give the special matter in evidence, or they may proceed to

collect such assessment by public sale in the same manner and mode as is provided in section twenty-six of the act entitled 'An act to establish the city of Elizabeth" for the sale of lands and real estate for taxes: provided, that Proviso. nothing herein contained shall affect any agreement between landlord and tenant, respecting the payment of any such

assessments.

taxes and

to be kept.

15. And be it enacted, That a complete record of all taxes Record of and assessments shall be kept in the office of the city clerk; assessments the record of taxes shall be the assessments of taxes prepared and returned by the assessors of the several wards of the said city, the final returns made by the receiver of taxes; the records of assessments shall be the original reports of assessments with the maps accompanying the same, the abstracts thereof, and the transcripts of unpaid assessments prepared by the city treasurer.

mer act re

16. And be it enacted, That sections thirty-two, thirty- Part of forthree, thirty-four, and thirty-five of the act entitled "An pealed. act to establish the city of Elizabeth," be and the same are hereby repealed.

mer act

17. And be it enacted, That the words "as they are by sec- Part of fortion twenty-five of this act authorized," &c., in section amended. twenty-nine of the act entitled "An act to establish the city of Elizabeth," be and they are hereby amended, so as to read as follows, viz: "as they are by section twenty-six of this act authorized," &c.

as police

18. And be it enacted, That the mayor of said city is Mayor to act hereby invested with the powers of a police justice; but justice. he shall not, as a police justice, by virtue of his office, be authorized to hear and try any civil action except such as may be brought to recover a penalty under the ordinances of the said city, in which cases he may act as a justice of peace in his civil capacity.

authority of

19. And be it enacted, That the said mayor as a police Powers and justice shall be entitled to use and exercise the like power, mayor. authority, and jurisdiction in all criminal matters and complaints arising in the city of Elizabeth, as the justices of the peace in and for the several counties of this state are or

Actions and

proceedings before

may be by law entitled to use and exercise within their respective counties.

20. And be it enacted, That all actions and proceedings before said mayor, as a police justice, under the provisions lice justice. of this act, shall as nearly as may be, be regulated by the

mayor as po

Mayor authorized to

cess, &c.

provisions of, and conducted in the manner prescribed in and by an act entitled "An act constituting courts for the trial of small causes," and the several supplements thereto, and that the court held by said mayor as police justice, in and for the said city of Elizabeth, shall be a court of record, and vested for the purposes mentioned in this act, with all such power as is usual in courts of record of this state. And said mayor, as a police justice, may, in all matters or causes pending before him, award and issue writs of subpoena ad testificandum into any county of this state.

21. And be it enacted, That the said mayor, as a police issue pro- justice, shall be empowered, on oath, affirmation or affidavit, made according to law, and filed in his office, that any person or persons has or have been guilty of a violation of any ordinance of the said city, to issue a process either in the nature of a warrant, or a summons, against the person or persons so charged, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the nature of a summons be returnable in not less than five or more than fifteen days; that such process shall state the cause of complaint, and the time when it may be alleged to have been committed, and that on the return of such process, or at the time to which the said mayor as police justice, shall have adjourned the same, the said mayor shall proceed to hear testimony and to determine and give judgment in the matter without the filing of any pleadings; and that the said mayor as police justice shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and person of the defendant or defendants; provided, that nothing herein contained shall prevent the enforcement of the ordinances of the said city in the manner hereinbefore provided, or in the act to which this is a supplement.

Proviso.

may be made under oath.

22. And be it enacted, That no warrant, or process in the Complaints nature of a warrant, shall be issued by said mayor, as a police justice, against any person or persons, on any complaint made as aforesaid, for the violation of any of the ordinances of the said city, unless upon oath or affirmation made and filed before said mayor, establishing to his satisfaction, by one or more particulars mentioned therein, that such process is necessary to secure the due enforcement of the ordinance, in the matter of said complaint, against such person or persons.

grieved may

23. And be it enacted, That every person against whom Persons agjudgment may be obtained before said mayor as police appeal. justice, for the violation of any of the ordinances of said city, shall have the right of appeal, in common with the city, to the higher courts, as in the case of civil suits before justices of the peace; provided, that so much of section Proviso. twenty-two of the act to which this is a supplement, as authorizes an appeal to the city council in any cases, be and the same is hereby repealed; provided also, that there Proviso. shall be elected, at the annual city election, as often as a vacancy may occur, one police justice in each of the wards of said city, who shall possess the like powers in all respects as are herein conferred on the mayor as a police justice, and who shall hold their offices for the like term and be commissioned in like manner as justices of the peace of the counties of this state.

powers of

cers.

24. And be it enacted, That the police officers appointed Duties and by the city council, shall, in addition to the authority con- police offferred upon them by the ordinances, rules, and regulations of the city council, possess and have all the powers of constables within the city limits, for the purposes of preserving the peace and enforcing the ordinances of the city, and the city council is hereby authorized annually to designate the number of constables to be elected in each ward.

added to un

25. And be it enacted, That the city council shall have Six per cent. power to add six per cent. to all taxes unpaid after the paid taxes. fifteenth of December, and an additional six per cent. on

Election of collector of taxes.

Part of former act amended.

Oaths of

school com

all taxes remaining unpaid after the fifteenth day of January thereafter.

26. And be it enacted, That there shall be one collector of arrears of taxes of the said city elected at the annual charter election, and said city council shall prescribe his duties and fix his compensation; and so much of the act to which this is a supplement, as provides for the election of collectors of arrears of taxes in the respective wards be and thesame is hereby repealed.

27. And be it enacted, That section twenty-five of the "Act to establish the city of Elizabeth," be and the same is hereby amended so as to read "is prescribed in section twenty-seven," instead of the words "the constables in townships are directed by law" in the last line of said section twenty-five. And section five of the said act be so amended as to read, after the words "township elections" in the fifth line, as follows: "and the officers of said elections shall be eligible to any office to be voted for at such election."

28. And be it enacted, That the mayor and city clerk be missioners. and the same are hereby authorized severally to administer the oath required to be taken by the school commissioners, in the same manner as the judges or clerk of the late borough court were authorized and required to do.

Board of city

canvassers.

City council may borrow money.

Act, when to take effect.

29. And be it enacted, That no part of section five of the act entitled "An act to establish the city of Elizabeth," shall be so construed as to authorize or empower the assessors and collectors of the respective wards to sit as members of the "board of city canvassers.'

30. And be it enacted, That in cases where the city council are authorized to make or levy any assessment for any of the said improvements under this act, they shall be authorized to borrow the amount of any such assessment in anticipation of the collection thereof.

31. And be it enacted, That this act shall not go into effect until the electors of the said city of Elizabeth, at public meetings called in the respective wards for the purpose of approving or rejecting the same, shall by a vote of