and give bond. Constables said borough, hereafter elected by virtue of this act, shall have the same power and authority, and be authorized to perform the same duties, in all respects, in civil as well as in criminal cases, and be entitled to receive the same fees and compensation for his or their services, as if he or they had been lawfully elected to the office of constable at an annual town meeting of the inhabitants of the township of Chesterfield, in the county of Burlington, and had taken the oath or affirmation and given the security required by law; provided always, that before any such constable or constables shall proceed to exercise the pow ers conferred upon him or them by this act, he or they shall take and subscribe such oath or affirmation for the due execution of his or their office, and enter into such bond with sureties, to be approved by the common council of said borough, as he or they would be by law required to take and enter into, if he or they had been elected to the office of constable at an annual town meeting of the inhabitants of the said township of Chesterfield, before he or they proceeded to the execution of the duties of his or their office. Bond of con be prose cuted. 16. And be it enacted, That the bond to be given as aforestable may said by the said constable or constables, shall be recorded and filed by the recorder or borough clerk of said borough in his office; and the common council of said borough are hereby required and directed, if need be, to prosecute the said bond for or in behalf, and to the use of all and every person or persons whatsoever, who may have sustained loss by the neglect. or misconduct of said constable or constables, in executing the duties of said office; and that 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. Duties of constable. 17. And be it enacted, That it shall be the duty of the constable or constables, so as aforesaid elected in said borough, to prescrve and maintain at all times the peace and quiet of said borough, to arrest and imprison all offenders against the ordinances of said borough or the laws of this state, and to perform such other duties, and under such penalties as the common council of said borough may from time to time prescribe. Duties of re- 18. And be it enacted, That the recorder or clerk of said borough shall keep, file, and, when necessary, record all official papers belonging to the same; he shall attend all meetings of the common council of said borough, and keep accurate minutes of the proceedings thereof; he 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 certi corder. fy the same, and shall perform such other duties as the common council of said borough may from time to time prescribe. 19. And be it enacted, That the treasurer of said borough Duties of shall receive and pay out all moneys belonging to said bo- treasurer. rough, 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 all the moneys raised by tax or loan for the use of the said borough since the last annual election, and of the application and expenditure of the same, and deliver the said account to the recorder or borough clerk of said borough, to be by him filed in his office; and it shall be the duty of the said recorder or borough clerk to cause a copy of the said account to be set up in three of the most public places in said borough, at least five days previous to the day of each annual election. raised. 20. And be it enacted, That it shall be lawful for the voters Additional of said borough, at the annual election aforesaid, and by ballot, tax may be to direct to be raised by tax from year to year such sum or sums of money (in addition to that herein before directed and authorized to be raised by the common council of said borough) as they may deem expedient for defraying the expenses of lighting the streets of said borough; supporting a night watch or police therein; supplying the said borough with water for the extinguishment of fires and other purposes; for the repairing of the streets of said borough; for improving the public grounds; for erecting and maintaining a public market house, town house, borough prison, and school houses, and for all other purposes and objects authorized by this act, said sums to be assessed by the assessor of the said borough, upon the actual value of property, and collected by the collector of the said borough; but no tax under the authority of said corporation shall be assessed, levied upon, or collected from any timber, wood, or farming land used for the purposes of husbandry only, situate within the boundaries thereof, or upon the stock of any farmer living therein, for the use and support thereof. nonpayment 21. And be it enacted, That in case of the nonpayment of Proceedings taxes at the time appointed, the collector of the borough shall in case of make out a list of the names of the delinquents, with the sums of taxes. due from them, respectively, thereto annexed, and deliver the same to some justice of the peace in the borough on the twen tieth day of December in every year, except when the said day shall happen on a Sunday, and then on the next day fol lowing. 22. And be it enacted, That it shall be the duty of the said Justice to justice of the peace, on receiving a list of the names of such issue war. rants. Officers of borough not juror. delinquents, to administer an oath or affirmation to the said collector that the moneys in said list had been duly demanded, on due notice given or left at the usual place of residence of each delinquent who can be found or who may then reside in the said borough, and thereupon to give to the said collector a receipt for such list, certifying therein the names of the delinquents, and the sums at which they were respectively assessed; and that it shall also be the duty of the said justice, within five days after the receipt of the list of the names of the delinquents, to make out and deliver to the constable or constables of said borough a warrant or warrants, requiring him or them to levy the tax so in arrear 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 constable or constables shall, in the collection of said taxes, and in the payment thereof, be governed by the laws of this state regulating the same in the several townships. 23. And be it enacted, That upon the trial of any issue, or incompetent upon the judicial investigation of any fact, to which issue or as witness or investigations the mayor, recorder, and common council of said borough are a party, or in which they are interested, no person shall be deemed an incompetent witness or juror by reason of his being an inhabitant or freeholder of said borough; and if any person shall be sued or impleaded, by reason of any thing done by this act, it shall be lawful for such person to plead the general issue, and to give this act and the special matter in evidence at the trial. Proceedings in case of failure to on day pre 24. And be it enacted, That in case it shall so happen, by any means, that the annual election herein before provided for hold election shall not be held at the time designated as aforesaid, then the scribed. mayor and other officers of said borough of the preceding 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 borough, of which time the recorder or borough clerk shall give ten days' notice as aforesaid, and which shall be conducted, in all respects, in the manner prescribed herein before for holding annual elections. Former acts repealed. 25. And be it enacted, That all other acts and parts of acts coming within the purview of this act, and contradictory thereto, be, and the same are hereby repealed. Approved February 13, 1849. AN ACT for the relief of Sarah Kelly, of the county of Somerset. $100 to Ser rah Kelly. BE IT ENACTED by the Senate and General Assembly of the Pension of State of New Jersey, That the treasurer of this state be, and hereby is authorized and required to pay to Sarah Kelly, the widow of David Kelly, deceased, a soldier of the Revolutionary war, or her order, the sum of one hundred dollars per annum during her natural life, in semi-annual payments, of fifty dollars each, the first payment to be made immediately upon the passage of this bill; and the receipt of the said Sarah Kelly, or her order, shall be a sufficient voucher to the treasurer, in the settlement of his accounts. Approved February 13, 1849. AN ACT to authorize Benjamin Acton to sell and convey certain real estate of David Hacket, deceased, late of the county of Salem. WHEREAS it is represented to the legislature that David Hack- Preamble. et, now deceased, late of the county of Salem, made and published his last will and testament in writing, duly executed to pass real estate, dated the twelfth of March, eighteen hundred and nine, and duly proved the nineteenth of April, eighteen hundred and nine, among other things in said will, he devised as follows, viz: "And the residue of said plantation, which is on the easterly side of said new road leading from Salem to Sharpstown, I devise to Mary Nicholson, daughter of my said uncle Darken, during her natural life, and upon her decease, I devise the same unto my executors, herein named," (William Wayman and Clement Acton) "and the survivor of them, and the heirs of . such survivor, in trust, that they or the survivor, or the heirs of the survivor, may, upon the death of the said Mary Nicholson, sell the said residue of the last mentioned plantation at public vendue, and pay the money thence arising from the sale equally among the grandchildren of my grandmother, Hannah Hacket, who may then be living, share and share alike." Whereas it is further represented, that said David Hacket, after executing said last will, died seized, in fee-simple, of said real estate; the said William Wayman died, leaving his coexecutor, Clement Acton, his survivor; Sale of real rized. said Clement Acton died, leaving Hannah Swing, wife of Dr. Charles Swing, of Salem county, New Jersey, Margaret, wife of Dr. John D. Griscom, of Philadelphia, Clement J. Acton, of Cincinnati, and Benjamin Acton, of Salem, New Jersey, his children and heirs at law. Whereas the said Mary Nicholson (after the death of said Clement Acton, surviving executor as aforesaid,) departed this life about the twentieth of August, eighteen hundred and forty-eight; and whereas it is represented, that all of the heirs of the said Clement Acton, save and except the said Benjamin Acton, have refused to take upon themselves the trust given them by said testator in said last will, and refuse to act under the same, and sell and convey said real estate, in consequence of which doubts having arisen whether the persons interested in the premises have any relief, either in law or equity, and the said Benjamin Acton alone being willing to take upon himself the burthen of said trust, and carry out the intention of said testator, therefore, in order that the persons interested in the premises may be relieved 1. BE IT ENACTED by the Senate and General Assembly of estate autho-the State of New Jersey, That Benjamin Acton, one of the heirs at law of said Clement Acton, deceased, who was the surviving executor of the last will and testament of said David Hacket, deceased, late of the county of Salem, be, and he is hereby authorized and empowered to sell at public sale, and make, execute, and deliver good and sufficient conveyances in law of the said real estate of the said David Hacket, deceased, and to do all other acts and things in the before mentioned clause of said last will and testament, as all of the said heirs of the said Clement Acton, deceased, surviving executor as aforesaid, could do by their co-operation; which conveyance shall vest in the purchaser or purchasers all of the estate, right, title, and interest which the said David Hacket had of, in, and to the said real estate at the time of his death; and that the acts and things done by the said Benjamin Acton in the premises are hereby ratified and confirmed. 2. And be it enacted, That this act shall go into effect immediately. Approved February 13, 1849. |