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appoint a moderator or clerk pro tempore: and the said ward meetings shall fix the time of opening and closing the polls in
their respective wards; provided the same shall not be contiTime of keep
nued open after the hour of nine o'clock at night; but may, if ing open polls the meeting so direct, be opened again at eight or nine o'clock
the next morning, and continued open until nine o'clock in the evening of the second day, and no longer.
Sec. 13. And be it enacted, That the ballots may be writBallots print
ten or printed, or partly written and partly printed, and the ed o
n. voter shall put the names of all the candidates he intends to vote for on one ballot.
Sec. 14. And be it enacted, That all the officers to be voted Qualification for at such ward meetings, shall be persons qualified to vote at of officers town neeting, and shall all, except the chosen freeholders and elected.
surveyors of the highways, and school committee, reside within the wards in which they are voted for respectively.
Sec. 15. And be it enacted, That the clerks of the several
wards shall, within their respective wards, perform all the duWard clerks. ties incident to the office of town clerk, and be subject to the
same penalties, and entitled to the same compensation, as are or may be by law imposed upon or provided for town clerks, except as is herein otherwise prescribed or provided for.
Sec. 16. And be it enacted, That the inhabitants of the said Officers may wards may, at their annual meetings, vote and order such combe compen pensation as they may think proper to the several officers so sated. to be elected, for their respective services, where the laws of
this state make no provision for such compensation; which shall be paid to them by the ward collector, upon the order or certificate of the two town committeemen appointed in such ward; but the amount of such compensation, so voted by any ward, shall be exclusively assessed and collected in such ward.
Sec. 17. And be it enacted, That all the provisions, regula
tions, and enactments contained in the act entitled, “ An act General pow- incorporating the inhabitants of townships, designating their ers and duties of ward meet- PO
powers and regulating their meetings," passed the twenty-first ings.
of February, in the year of our Lord seventeen hundred and ninety-eight, and in the supplement thereto, passed the twentysecond of May, in the year of our Lord eighteen hundred and twenty, shall be applicable to the said ward meetings, and to the manner of conducting the same, and to the officers thereof, and to the persons to be appointed to office at any and every such ward meetings, in as full and ample a manner as if those provisions, regulations, and enactments were herein repeated and re-enacted in reference to the said ward meetings, except so far as such provisions, regulations, and enactments shall be contrary to, and incompatible with the provisions of this act; and except, also, so far as additional or other powers shall be given, duties prescribed, and regulations made, for the organization and government of the said ward meetings, and of the officers to be appointed by them, by the provisions of this act. Sec. 18. And be it enacted, That the street commissioners Powers and who may hereafter be elected at the said ward meetings, shall duties of street be vested with the same powers, and perform the same duties, co
?ers, &c. as were vested in, and imposed upon them by the act creating those officers, together with such other powers and duties as are given to, or required of them by this act; and, in like manner, the freeholders, surveyors of the highways, school committee, and commissioners of appeal and other officers, elected in pursuance of this act, shall, respectively, perform the same duties, and be liable to the same penalties, as if they had severally been elected at an annual townmecting, unless otherwise directed and provided for by this act.
Sec. 19. And be it enacted, That the several town commit- Organi teemen elected in the said wards, shall constitute the township of township committee of the said township of Newark; and, in addition committee. to the powers and duties heretofore vested in and required of that committee, they shall, at their first or second meeting, choose one of their own number to be chairman of the committee, who shall act as such, and preside at all their meetings, until the committee shall choose another chairman in his place: they may also elect some suitable person to be clerk of the town committee, and allow him a reasonable compensation for his services: and it shall be the duty of the said clerk to attend the meetings of the said committee, when required, and to keep a record of the votes and proceedings of the said committee, and perform such other services as may be by them required of him: and the said town committee may also, if they think pro- May appoint per so to do, appoint annually, or oftener, some suitable person clerk and trean to be the township treasurer; and if they make such appoint- surer.' ment, they shall fix his compensation or salary, and shall require him to enter into a bond to the inhabitants of the township of Newark, in the county of Essex, with at least two freeholders as sureties, in such penalty as the said committee shall think proper, for the faithful discharge of all his duties as treasurer, and for the safe keeping and accounting for all the moneys that shall come into his hands as such treasurer.
Sec. 20. And be it enacted, That the town committee, in Annual readdition to the duties now required of them by law, shall make port of disa yearly report, in writing, of all the disbursements of the town-bu
be made by ship, a copy of which shall be delivered, by their clerk, to the committee. derks of the several wards, previous to the second Monday in April in every year; which report shall be publicly read at each annual ward meeting: and the said committee shall also caizse the same to be published, in at least one of the newspapers that may be published in the said town of Newark, previous to such meetings.
Estimate of Sec. 21. And be it enacted, That it shall also be the duty of expenses of
ensuing year the said town committee, annually, to prepare an estimate (a to
o prepare an estimate 1 to be publishcopy of which shall be furnished to the clerk of each ward, to ed by commitbe laid before the annual meetings) of the amount of moneys tee.
necessary to be raised for the following purposes, or for such of them as the said committee may think proper to recommend or submit to the consideration of the several ward meetings, viz: for the support of the poor; the education of the children of poor and indigent parents, and poor orphan children; the improving and repairing the streets and highways; the support of a night watch; lighting the town at night, by lamps or otherwise; the purchase of town burying grounds; the erection of a market house or market houses; the building, or otherwise providing suitable places for holding the ward meetings; for the erection of a town house; for the prevention and extin
guishment of fires; for contingent and incidental expenses; and The consent for such other purposes and improvements as the said commitof three wards tee shall think proper; which estimate the said committee shall necessary to
(cause to be published, in at least one newspaper published in
ao raise tax.
the said town of Newark, for the space of one week, at least, before the annual ward meetings: but no money shall be raised
by tax in the said township, unless three of the said wards, at Proviso.
their annual meetings, shall concur therein: Provided always, that if any three of the said wards, or if all of them, shall vote to raise money for any of the purposes aforesaid, but it shall so happen that they do not all vote to raise the same amount of money, then the town committee shall ascertain the mean sum voted for by the several wards, and direct that amount to be assessed and raised, by tax, in the said township of Newark,
for the purpose or purposes for which the same was so voted Taxes, how
by the said wards: and the said ward assessors shall meet and assessed and collected. apportion the sum to be raised among their respective wards;
and the sums so apportioned shall be assessed by the assessors, and collected by the collectors, of the respective wards, and, by such collectors, paid over to the township treasurer, if any, within such time after the day fixed by law for the payment of taxes, as the town committee shall direct: and in case any of the said collectors shall fail so to pay over the moneys by
them collected, they and their securities may be prosecuted Proviso. therefor, on the bonds given by such collectors: Provided also,
that nothing herein contained shall be so construed as to preEach ward vent either of the said wards, at any annual or other meeting may raise tax. thereof, from voting and raising money by tax, within the es for its exclusive pur
ward, for any purpose exclusively for the benefit or conveni
ence of the ward : and if either or any of the said wards shall vote to raise money for any such local and exclusive purpose, the same shall be assessed by the assessor of the said ward on persons and property within the same, and the collector of the said ward shall collect the same, and pay over or apply the moneys so collected, as the ward meeting shall direct or ap
sted Sec. 22. And be it enacted, That the inhabitants of each or in ward meet- any of the said wards, at their annual or other legal meetings, ings. may make and ordain all such regulations and by-laws as town
meetings are by law authorized to make and ordain; and, in addition thereto, may make ordinances or regulations on the subject of swine running at large in the streets or upon the public grounds, and for impounding such swine; and also for regulating the sidewalks within their respective wards, and to prevent the same from being obstructed or injured by persons riding or passing over or upon them with horses or oxen, or with wagons, carts, or carriages, of any description; and all such regulations and by-laws may alter, repeal, or amend, and enforce the same by imposing penalties on the offenders, not exceeding ten dollars for any one offence; which penalties may be sued for and recovered, for the use of the ward within which the offence may have been committed, by action of debt, with costs of suit, before any justice of the peace not residing in such ward, or any other court having cognizance thereof, in the name of the clerk of the said ward for the time being.
Sec. 23. And be it enacted, That the town committee, by and with the consent of any three of the said wards, expressed mittee may by their votes at any annual or other lawful meetings of the sell town busaid wards, shall have power to sell and convey, or otherwise rial grounds. dispose of, any grounds that have heretofore been purchased or used for town burying places, and to apply the moneys arising therefrom to the purchase of other grounds for the same use, or to such other use or uses as any three of the said wards may direct at any such meetings as aforesaid.
SEC 24. And be it enacted, That special ward meetings may Special ward be convened in any of the said wards, by the moderator there- meetings may of, or, in his absence, by the clerk of the ward, upon the ap- be convened. plication, in writing, of any ten inhabitants entitled to vote at town meeting and residing in such ward; which writing shall specify the objects for which such special meeting is called; and the moderator or clerk shall thereupon cause at least ten days' notice of the time and place of such meeting to be published in some newspaper or newspapers published in Newark, and set up copies thereof in at least three public places within the wards, specifying, in such advertisements and notices, the objects of the meeting, and by whom requested: and no other business shall be transacted or acted upon at such meeting but such as shall have been so specified.
Sec. 25. And be it enacted, That the street commissioners, Additional in addition to the powers and duties heretofore prescribed to powers of them by law, shall have the superintendance of all the high- street comways and streets in the township of Newark, and the several
o missioners. Overseers of the highways in the said township shall cause the said highways and streets in their respective districts to be worked, formed, repaired, levelled, and drained, in such manner, and upon such plans, as the said street commissioners shall order and direct.
Quorum of SEC. 26. And be it enacted, That five members of the town- township ship committee shall constitute a quorum to do business, at any committee.
regular meeting of the said committee, but a less number may
Newark has become so great, that it is almost impractica-
Sec. 27. Be it enacted, That all elections hereafter to be held
in the said township of Newark, for members of the legislative Elections for members of
council and general assembly, sheriffs and coroners, and for congress, le members of congress and electors of president and vice-presigislature, &c. dent of the United States, or for any other officers of the geheld in wards. neral or state government, that may be made eligible by the
people, shall be held in the several wards into which the said township of Newark is divided by this act, on the day or days which now are, or which may hereafter be designated by law for such elections; that the polls shall be opened and closed at the hours prescribed by the laws of this state; that the judge and inspectors of elections, so as aforesaid directed by this act to be annually chosen in the said wards, shall preside at all such elections, and the clerks of the said wards shall be the clerks of all such elections in their respective wards; that every person who may by law be entitled to vote at any such election in the said township, shall cast or put in his vote in the ward in which he shall reside at the time of such election, and not elsewhere; and in case any person shall vote, or offer his
vote, in a ward in which he is not by law entitled to vote, he Penalty for shall be liable to the penalty prescribed by the seventh section voting in of the act entitled, “A supplement to the act entitled an act to
regulate the elections of members of the legislative council and titled to.
general assembly, sheriffs and coroners, in this state," passed the first of June, in the year of our Lord eighteen hundred and twenty, and to be sued for and recovered as therein directed.
Sec. 28. And be it enacted, That the said judges, inspectors, Election in and clerks of clections shall take the same oaths, and conduct wards con- such elections, and make returns thereof, in the same manner ducted in the same manner a
as township officers of elections are or may be by law required as in town to do, and shall be vested with the same powers, entitled to the ships. same compensation, and subject to the same duties and penal
ties, as other judges, inspectors, and clerks of elections, in the several townships in this state are, or may be by law intrusted with, allowed, or made liable to; and in case of the absence, death, or incompetency to serve, of any such judges, inspectors, or clerks of elections, in any of the said wards, such vacancy or vacancies shall be supplied or filled up in the manner prescribed by law for supplying such vacancies in the several