Board of education not to member of the common council who shall knowingly vote for any such increase, and any town or ward officer who shall knowingly expend such money or incur such debt, shall be individually responsible for such excess, to be recovered in a suit at law, in the name, and for the use of the inhabitants of the town of Phillipsburg. 29. And be it enacted, That no member of the board of be interested education shall be concerned in interest, directly or indiin contracts. rectly, in any contract for school purposes whatever, made by said board, or recommended by him, and if so concerned, shall forfeit all time, labor, expense and profits incurred by or accruing to him under said contract, and the office of a member of said board shall be declared vacant upon complaint made and proceedings had as prescribed in the last preceding section, against the mayor or member of the common council. Bonds shall be signed by the clerk. 30. And be it enacted, That no note, bond or other obligamayor and at- tion shall be issued by or under the authority of the common tested by the council unless the same is signed by the mayor, countersigned by the chairman of the committee on finance, for the time being, and attested by the clerk, each of whom, before the same is delivered, shall register in books of registry, prepared for that purpose, the number and amount of each note, bond or other obligation, the date of issue, when payable, and the true consideration of the same, and shall, within two days thereafter, deliver a copy of said registry to the auditor of accounts, certified as correct by said mayor and chairman of committee on finance and town clerk. Taxes. Licenses. Proviso. 31. And be it enacted, That all the taxes assessed and levied for town purposes, including taxes for the support of public schools, exclusive of state and county taxes, shall not, in any year, exceed seven and a half mills on the dollar, exclusive of the capitation tax for school purposes. 32. And be it enacted, That no person shall follow, use or exercise the business or calling of a hawker, pedler or itinerant auctioneer within the limits of said town without a license first had and obtained for that purpose from the mayor; provided, this prohibition shall not apply to the sale and delivery of books, ice, milk, butter, eggs, poultry, charcoal, fruit, fish caught by the vender, and vegetables in said town. 33. And be it enacted, That the assessors of the several wards of said town shall finish making their assessments on sessors to sessments. or before the first Monday of August in each year, and shall Board of as-meet annually on the second Monday in August in each meet annually year, at the town hall, for the time being, and may, from and review astime to time, adjourn, and when so met shall constitute a board of assessors, to review the several assessments made by the respective assessors of the several wards of the town, and to diminish, increase or alter any such assessments in order that the assessments on property, whether real or personal, in the several wards of the town may be made as just and as nearly equal as possible, which assessments so revised and approved by the said board shall be the assessments for the several wards of the town of Phillipsburg, subject, however, to the action of the town council, as commissioners of appeal in cases of taxation. not affected by 34. And be it enacted, That all and everything contained original act in the act to which this is a supplement, and the supplements this suppleand act connected therewith, and including the powers and ment. duties of the common council and powers and duties of officers shall be of full force and virtue in all things not altered, changed or amended by this supplement. be in writing 35. And be it en cted, That every agreement with the Agreements to owner or owners of land and real estate authorized by the second and third sections of the act entitled "A Supplement to the act entitled An Act to incorporate the town of Phillipsburg, in the county of Warren,"" approved March the eighth, one thousand eight hundred and sixty-one, which supplement was approved March eighteenth, eighteen hundred and sixty-three, shall be in writing, and reported to common council, who shall enter the same upon the journal, and shall agree or disagree to the same, and shall furnish the owner or owners of the land and real estate with a full copy of said record, within three days thereafter, and until such copy is furnished said agreement shall not take effect. 36. And be it enacted, That the word "town" in the act Repealer. to which this is a supplement and the supplements and acts connected therewith, shall be amended so as to read "ward" whenever necessary to conform to the intent and meaning of this act, and everything in said acts and supplements in conflict with this act be and the same are hereby repealed. 37. And be it enacted, That this act shall be a public act, and go into effect immediately, subject to amendment, modification or repeal by the legislature. Approved March 17, 1870. Electors to vote for or against ave nues. majority be against avenues. CHAPTER CCCCXXIX. A Further Supplement to "An Act to provide for the appointment of Commissioners to devise plans and make estimates for the opening, construction, and maintenance of one or more prominent avenues or highways, in the county of Hudson," approved March eleventh, eighteen hundred and sixtyeight. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That at the next charter and township elections to be held in the cities, towns and townships respectively, of the county of Hudson, the electors entitled to vote in either place, for city, town or township officers, may express their assent to or dissent from the act to which this is a supplement and all supplements thereto, and at said elections the voters assenting thereto, shall deposit a ballot, having thereon the words "For avenues," and those dissenting therefrom shall deposit a ballot having thereon the words "No avenues," and said words shall in either case be upon the general city, town or township ticket, voted for at said elections, and said votes shall be duly canvassed by the officers conducting said elections respectively, and a return thereof made within five days after said election, duly signed and certified as other election returns, made by such officers of the board of chosen freeholders of the county of Hudson, who shall declare the result by publishing the same in all the newspapers of the county of Hudson. Proceedings if 2. And be it enacted, That if a majority of those voting at said city, town and township elections dissent from the act to which this is a supplement and the supplements thereto, in the mode provided in section one of this act, that then the act to which this is a supplement and all supplements thereto shall be null and void, and have no further force and effect, and in that event the commissioners appointed under the provision of said act to which this is a supplement, shall transfer and surrender all maps, surveys, vouchers, books and papers pertaining to their office and proceedings to the clerk of the board of chosen freeholders of the county of Hudson, and the said clerk is hereby authorized and directed to receive said maps, surveys, vouchers, books and papers, and keep the same on file in his office, and the said board of chosen freeholders of the county of Hudson, are then autho rized and directed to pay all just claims against and charges incurred by said commissioners, and to include such sum of money as may be required therefor, in the next annual tax levy for county purposes of said county, and in case of the dissent of a majority of the electors as aforesaid, the map or maps of county avenues filed by the said commissioners under the provision of the supplement to said act, approved March twenty-sixth, eighteen hundred and sixty nine, in the office of the clerk of said county of Hudson, is hereby declared to be wholly inoperative and void, and the clerk of said county is directed to take the same from file, and surrender the same to the board of chosen freeholders of said county, to be by them kept and preserved as county property. ers shall not proceedings. 3. And be it enacted, That no further proceedings shall Commissionbe had or taken by said commissioners or any other person take further or persons under and by virtue of the act to which this is a supplement or any supplement thereto, until after the board of chosen freeholders of Hudson county shall have declared the result of said elections, and if a majority of the electors express their dissent, as hereinbefore provided of this act. then no further proceedings shall ever be had or taken by said commissioners or any other person or persons under and by virtue of the act to which this is a supplement or any supplement thereto, 4. And be it enacted, That this act shall take effect immediately. Approved March 17, 1870. Names of corrators. Corporate name. Amount of capital stock. Election of directors. CHAPTER CCCCXXXI. An Act to incorporate the Mercer and Somerset Railway 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Ashbel Welch, Thomas Hanlon, William H. Gatzmer, Robert F. Stockton, John G. Stevens, A. L. Dennis, M. A. Howell and Benjamin Fish, and such other persons as may hereafter be associated with them, shall be and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in law, by the name of "The Mercer and Somerset Railway Company;" and by that name they and their successors and assigns shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all the courts and places whatsoever, and shall have power to make and use a common seal, and the same at pleasure to alter; and they and their successors by the same name and style, shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels whatsoever necessary or expedient for the objects of this corporation. 2. And be it enacted, That the capital stock of said company shall be five hundred thousand dollars, and shall be divided into shares of one hundred dollars each, but said company may increase the same to an amount not exceeding one million of dollars; the said capital stock shall be deemed personal property, and shall be transferable in such manner as the by-laws of said company shall direct. 3. And be it enacted, That the above named persons, or a majority of them, may open books and procure subscriptions to the capital stock of the said company, at such time or times, and place or places, as they, or a majority of them, may think proper; and whenever there shall be one thousand shares of the said stock subscribed, the said corporation, or a majority of them, may give notice for a meeting of the subscribers to choose eleven directors, and such election shall |