Proviso. Annual city or town meeting. Proviso. and auctioneers; the due observance of the Sabbath; fireworks, and firing of guns and cannons; the organization and control of a city police and night-watch, in such a manner, not inconsistent with the laws of this state, as they shall deem most conducive to the preservation of good order, and to the safety of the persons, and protection of the property of the citizens; to prohibit and suppress gambling, riots, vice, immorality; and to restrain and punish drunkards, vagrants, mendicants, and street beggars; for the recovery and appropriation of all fines, forfeitures, amercements, and penalties not provided for by this act or other statute of this state; provided, no ordinance or by-law of said city shall be made repugnant to the constitution or laws of this state; and the said city council of the said city of Perth Amboy, shall and may regulate the assize of bread within the said city, from time to time, and at all times hereafter. And the city council, in their executive capacity, shall have full power to order, from time to time, as to them shall seem meet, the several improvements to be made, which are named in the thirty-first section of this act; and they shall also have full power to order such other things as they may hereafter be authorized and directed to do by a regular annual city or town meeting, upon the recommendation of the city council, the necessary amount of money being appropriated by such city or town meeting for such specific purpose. The annual city or town meeting shall be held at two o'clock in the afternoon on the second Monday of April in each year, at the same place where the city election on that day is held, for the purpose of raising and appropriating money for the use of the city; and the city council shall recommend to such meeting the amount of taxes to be levied and the several sums to be appropriated for each particular object, and the qualified electors thereof are hereby empowered to raise and appropriate such sums, provided they do not severally exceed the amount so recommended by the city council; provided always, that the amount of money so recommended to be raised by tax or taxes by said city council shall not exceed, for city, county, and state purposes, one hundred cents on every one hundred dollars of the valuation of the assessed property in said city, as ascertained by the assessors' return of the previous year. tavern 11. And be it enacted, That the city council may license License to such and so many tavern-keepers within said city, under keepers. the same restrictions as the court of common pleas may or can do, and no license within said city granted by any other court in the county shall be lawful; and that all penalties or fines for violation of such license shall be prosecuted and recovered before one of the justices of the peace of the city. surer and arrears of 12. And be it enacted, That the city council when assem- City treabled shall appoint a city treasurer and a collector of arrears collector of of taxes, and such other subordinate officers as to them taxes. shall seem necessary, and require such security, annex such duties and fees to the offices, and impose such fines for neglect of duty or misconduct therein as to them shall seem right and proper. to make receipts and expendi 13. And be it enacted, That it shall be the duty of the City council city council, besides their legislative acts, to make a full statement of statement of all the receipts and expenditures, of every expe description, for the fiscal year preceding such statement, including all moneys which shall have passed through the treasurer's hands, for any purpose whatever, and publish the same at least ten days before the annual town meeting. They shall hold stated meetings at least once every month, and such other meetings as they may appoint, and shall have the direction and control of the overseers of the poor; vacancies in the city council shall be filled at a special election to be called by the city council at their discretion. powers of 14. And be it enacted, That the mayor, or in case of his Duties and refusal or neglect, the recorder or two members of the city mayor. council, shall have power to call special meetings of the city council. The mayor shall be the head of the police, shall have the power, and it shall be his duty, in any Duties and powers of aldermen. Duties of city clerk. law; breach of the peace, forthwith to commit the offender without the issuing of any warrant or process, and to bring or cause to be brought such person before the proper magistrate, to be discharged or to be dealt with according to and in case of any riot, insurrection, or other disturbance, shall have the power to call upon the citizens for aid; shall sign all licenses; shall sign and affix the seal of the city to all ordinances, or return the same to the clerk of the city council, within ten days after he receives it, with his reasons for refusal, after which, by a vote of seven members of the city council, he shall be required to sign the same and affix the seal; and every such ordinance shall be published for the space of one week in at least one newspaper published or circulated in said city before said ordinance shall go into effect. 15. And be it enacted, That the recorder and aldermen recorder and shall severally have power, and it shall be their duty, in any breach of the peace, forthwith to commit the offender without the issuing of any warrant or process, and to bring, or cause to be brought, such person before the proper magistrate, to be discharged, or to be dealt with according to law; and in case of any riot, insurrection, or other disturbance, shall have power to call on the citizens for aid. 16. And be it enacted, That the city clerk shall, in addition to the duties in this act required of him, have charge of all the records, books, papers, and documents of the city, except when the council shall otherwise direct; countersign all licenses signed by the mayor, and keep the record of the proceedings of the council; he shall engross all the ordinances of the council in a book to be provided for the purpose, with the proper indexes, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in the book by the mayor, or acting mayor, and said clerk; copies of all papers duly filed in this office, and transcripts thereof, and of the records and proceedings of the council, and copies of the laws and ordinances of the said city, certified by him under the corporate seal, shall be evidence in all courts and places; he shall also receive and pay over to the treasurer, within six days, all moneys, which by any law or usage, are paid to the clerk of the city; he shall enter, in a book kept for the purpose, a statement of all moneys received by him and paid over to the treasurer; and also all moneys ordered to be paid out of the treasury by the city council. treasurer. 17. And be it enacted, That the treasurer shall receive, Duties of safely keep, and disburse, under the direction of the city council, all moneys belonging to, or under the control of the city; he shall also keep an accurate account of all receipts and payments, and make returns thereof quarterly, or oftener if required, in such manner as the council shall direct; no moneys shall be paid out of the treasury, except on a warrant signed by the mayor, or acting mayor, and countersigned by the city clerk, except for the payment of loans for the city, and certificates of indebtedness for improvements, given by the city, and interest on the same, and moneys paid into the city treasury for the redemption of property sold for taxes and assessments; and no warrant shall be drawn on the treasury, by said officers, except in pursuance of an order of the council, passed at a stated meeting of the board, and entered on the minutes; all such warrants shall be numbered and made payable to the order of the person or persons entitled to receive the same, and shall specify for what purpose the amount therein mentioned is directed to be paid; it shall be the duty of the clerk, before he delivers any warrant so drawn, to enter in the margin of a book, to be called "the warrant book," opposite to said warrant, the number, date, and amount of the same, the date of the order or resolution authorizing it to be drawn, the purpose for which it was ordered, and the name of the person or persons, to whose order the same is made payable, and to take his or their receipt in said book, at the end of said marginal entry, for the said warrant. raised for 18. And be it enacted, That all moneys raised for school Moneys purposes shall be paid by any person receiving the same, school puror by the collector, to the city treasurer, and such moneys poses. Proceedings against de payers. may be drawn out by the town superintendent of public schools, on a warrant of the city council. 19. And be it enacted, That the collector of the city, in linquent tax case of the non-payment of taxes, on or before the twentieth day of December, in each year, shall make out a list of the names of the delinquents, with the sums due from them, respectively, thereunto annexed, and deliver the same to the clerk of said city, on the thirtieth day of December, in every year, except when the said day shall be on Sunday, and then on the next day following; and it shall be the duty of such clerk to lay the same before the council, at a meeting thereof, held next after the same shall be delivered to him; and thereupon the council shall deliver the same to the collector of arrears of taxes, who shall proceed and issue a tax-warrant thereon, as provided by law in cases of taxes in townships, who shall have power to collect the same in like manner in all things as the constables in townships are directed by law; provided, such collector shall, before he delivers such list to the said clerk, take and subscribe an oath or affirmation, before some justice of the peace of said city, that the moneys in the said list mentioned, have been duly demanded, or due notice thereof given at the usual place of residence of each delinquent who could be found, or may then reside in the said city. Proviso. Duties of auditor. 20. And be it enacted, That the auditor shall receive all accounts against the city, examine them, and ascertain if they are correct, and determine what amount, if any, should be allowed thereon, and report the same to the city council, who shall then have full power and authority to reject or pay the same; he shall audit the accounts of the town superintendent of public schools, who shall make a report of the same to the city council, indorsed by the auditor at least fifteen days before the annual election; he shall audit the general account, and sign the same before it is published; he shall also examine the treasurer's account, compare it with the vouchers, and sign the treasurer's report as auditor; he shall audit the collector's accounts, and report |