Duties of clerk. Duties of Inhabitant of borough competent in any state, and to perform such other duties and under such penalties as the common council of said borough shall from time to time prescribe. 20. And be it enacted, That the 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 certify the same; and shall perform such other duties. as the common council of said borough may from time to time prescribe. 21. And be it enacted, That the treasurer of said borough shall (in addition to the duties of a collector herein before prescribed) receive and pay out all moneys belonging to said borough under the direction and authority of the common council, and shall at least ten days previous to each annual election, make out a full and true account of all moneys raised by tax, loan or otherwise, for the use of said borough since the preceding annual election, and of the application and expenditure of the same, and deliver the said account to the clerk of the said borough, and in default thereof shall forfeit and pay fifty dollars, which said account shall be filed by said clerk in his office; and it shall be the duty of the said clerk to cause a copy of 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, and in default thereof shall forfeit and pay fifty dollars. 22. And be it enacted, That upon the trial of any issue, or shall not be upon the judicial investigation in which the burgess, clerk deemed in- and common council of said borough are a party or in which witness, they are interested, no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant or freeholder of said borough; and if any person shall be sued or impleaded by reason of anything done by this act, it shall be lawful for such person to plead the general or interest-issue, and to give this act and the matter in evidence at the issue in which Burgess, clerk and common council are a ed. If annual election is not held, burgess and other trial. 23. And be it enacted, That in case it shall so happen by any means that the annual election herein before provided for, shall not be held at the time designated therefore as shall con fice until election aforesaid, then the burgess and other officers of the said bo- officers rough of the preceding year shall continue to exercise their tinue in ofseveral offices, powers and authorities until an election shall special be duly held; and it shall be the duty of the common coun- shall be cil forthwith to appoint another day for a special election held. for officers of the said borough, of which time the borough Council clerk shall give ten days notice as aforesaid, and which shall empowerbe conducted in all respects in the manner prescribed here- special inbefore for annual elections. Common ed to order election. name. 24. And be it enacted, That from and after the said second Corporate Tuesday of May next the burgess and common council duly elected and their successors, shall be one body politic and corporate, in deed, fact, name and law, by the name, style and title of "The burgess and common council of the borough of Merchantville," and as such shall have, possess and enjoy all the rights, liberties franchises and privileges of a borough incorporated in pursuance of this act. 25. And be it enacted, That this act shall take effect immediately. Approved March 3, 1874. CHAPTER CXXI. An act to authorize the trustees of school district number thirty-six, in the county of Bergen, to sell and convey certain real estate and appurtenances. WHEREAS, Philip Berry did by deed dated the tenth day of March, in the year eighteen hundred and forty-five, give and convey to the Mount Pleasant New School Association, certain lands and premises situate in the township of Lodi, in the county of Bergen, and state of New Jersey, and which lands are described in said deed, as follows: beginning at a point in the middle of the Pollifly road, where the division line between the farm of said Philip Berry and the farm of John W. Berry intersects said road; thence running northwesterly along said division line one hundred feet; thence northeasterly at right angles to said Preamble. Trustees empower ed to sell and dispose of certain lands. division line fifty feet; thence southeasterly and parallel to said division line one hundred feet, be the same more or less, to the middle of said road; thence southwesterly along the middle of said road fifty feet, be the same more or less, to the place of beginning, for school purposes, on which was erected a school-house, which has been used and occupied for school purposes from about the date of said deed until some time in the month of December last; and whereas, the said lands and premises, and school-house building and appurtenances, are now held by the trustees of school district number thirty-six, in the county of Bergen; and whereas, in order to have greater accommodation for school purposes, the said trustees purchased other lands and erected thereon a new school building; and whereas, it is now desirable to sell and dispose of the lands conveyed by Philip Berry as aforesaid to the Mount Pleasant New School Association, and the school-house building and appurtenances; therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the trustees of school district number thirty-six, in the county of Bergen, now being, or their successors, or a majority of them, be and they are hereby authorised and empowered to sell and dispose of the lands and premises mentioned and particularly described in the foregoing preamble, together with the appurtenances thereunto belonging, at public or private sale, and to condeed of vey by deed of conveyance, under their hands and seals, in conveyance fee simple absolute, to the purchaser or purchasers thereof, hands and the said lands and premises, and appurtenances; and the May make under their seals. sale how applied. said purchaser or purchasers, their heirs and assigns, shall hold the same under and by virtue of said conveyance, to and for their use, benefit and behoof forever; free and clear, and absolutely discharged from all trusts, whatsoever, upon, by or under which the same may have been held. Proceeds of 2. And be it enacted, That the said trustees or their successors may apply the proceeds of the sale of said lands and premises toward the payment of debts contracted in the construction and finishing of the new school building, recently by them erected. 3. And be it enacted, That this act be deemed and taken to be a public act, and shall take effect immediately. Approved March 3, 1874. CHAPTER CXXII. An act to improve the public roads in the township of Middletown, and county of Monmouth. Election Term of 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for all legal of commisvoters who are freeholders in any road district in said town- sioners. ship of Middletown, or a majority of them that are present at any meeting called for the said purpose, to elect by ballot three freeholders in said road district, as commissioners to hold their office for one year, or until others are elected, office. with full powers to grade, gravel, straighten, widen and oth- Powers erwise improve any or all roads in the district for which said commissioners are elected; meetings for the election of commissioners shall be held on the next Saturday after the Time of town meeting in said township of Middletown, in each year election. (except the first meeting) for which five written notices placed in conspicuous places within said district, ten days. previous to said meeting, and at said meeting to appoint the place for next meeting, without further notice. and duties. holding sioners to or affirma 2. And be it enacted, That each of said commissioners be- Commisfore proceeding to act under said appointment, shall take take oath and subscribe an oath or affirmation before any person auth- tion. orized to administer oaths and affirmations, to faithfully discharge the duties entrusted to them. ploy sur 3. And be it enacted, That the said commissioners, or a May emmajority of them, shall have power to employ all necessary veyors, surveyors, workmen and agents to effectually carry out the agents, &c. powers and authority granted in the first section of this act, and shall keep a correct account of all their proceedings, and exhibit the same at the next ensuing meeting for the election of commissioners; said commissioners to receive one dollar per day for actual time engaged in their duties. missioners. 4. And be it enacted, That the amount of tax to be raised in any said road district, for the above purposes shall be de-tax to he termined by the majority of the voters present at the elec- above pur Compensa tion of com Amount of raised for poses to be determined tion of commissioners, not to exceed one-half of one per centum per annum, which shall be expended on all the roads election of in said district, which shall be assessed by said commission by majority of voters present at commis sioners. Proviso. Assess collected. ers, upon the freehold taxable property in said district; provided, that in making assessments for the purposes mentioned in this act no deductions shall be made for debts owing by the owners of the real estate assessed, or for any mortgages thereon; and a certificate of the said assessment, so determined, shall be a lien upon the lands on which it is laid, and the said commissioners shall make a copy of said certificate, which they shall place in the hands of a collector of taxes, for the time being, of the township of Middletown; and it shall be the duty of the collector to collect ments how the said assessment within sixty days from the time of his receipt of the said certificate in the same manner as township taxes are collected, (the collector's ordinary securities being responsible for the same) and pay the same over to the commissioners on their order; and the said collector shall, in the collection of the said assessments, be liable to the same pains and penalties as in the collection of the annual township taxes; and it shall be the duty of the comnotify land missioners, to notify each land owner who may reside in their district, the amount of said assessment; and the said land owner shall, within ten days after such notice, elect by giv ing the commissioners written notice that he, she or they, will, upon an order from the commissioners, work ont said tax by labor. at the following rates, viz: for a two-horse team, wagon and man, three dollars and fifty cents per day of ten hours; for a man, one dollar and fifty cents per day of ten hours; but any neglect to give notice to perform such labor, he, she or they shall pay said tax in money, in maoner as aforesaid. Commis sioners to owners of the amount of assessment. Rates of labor. After election of commis 5. And be it enacted, That when commissioners are elect in any road district, according to this act, then the officer or sioners, of overseer of highways for such district shall be abolished, and Overseer of road taxes assessed by the township for such district, shall highways be paid to the commissioners, or worked out according to this act. fice of When pri erty is 6. And be it enacted, That when private property is taken. vate prop- by straightening or widening any road in any road district taken, in the said township of Middletown by commissioners under how assess- this act, the damages over and above the advantages that ed. will accrue to any owner by reason of such widening or damages |