Third ward. Division line. Councilmen Proviso Annual char tween said town and the township of Lopatcong; thence a 2. And be it enacted, That if any division line between said wards shall intersect any dwelling house, such dwelling house, shall be considered as included in and belonging to the ward in which the largest portion thereof shall be. 3. And be it enacted, That the common council of the town of Phillipsburg, shall consist of three councilmen in and for each of the wards of said town, who shall be divided into three classes at the first or subsequent meeting of the common council by lot, one of which in each ward shall hold office for one year, one for two years, and one for three years, and each of the wards of said town, at each annual charter election thereafter shall elect one person as a common councilman who shall hold such office for the term of three years; provided, however, that nothing herein contained shall abridge or vacate the term of office of any member of the present common council and to effect which no election for common councilman unless in case of a vacancy shall be held in the third ward until the annual charter election of the year eighteen hundred and seventy-one. 4. And be it enacted, That the annual charter election ter election. shall be held in each of the wards of said town, at which election there shall be elected by ballot the following officers to wit, in and for said town one mayor, one auditor of accounts, one chosen freeholder, one constable, one collector, two surveyors of the highways, one overseer of the poor, one commissioner of streets, who shall hold their offices respectively for the term of one year, and until others are chosen and legally qualified in their stead, and as many justices of the peace as the inhabitants of said town may be entitled to elect, and in and for each ward of said town one member of the common council, who shall hold his office for the term of three years, and until others are chosen and legally qualified in their stead; one assessor, one judge of election, one inspector of elections, one ward clerk, and one pound keeper, who shall hold their respective offices for the term of one year, and until others are chosen and legally qualified in their stead. 5. And be it enacted, That the first election of officers Election held by authority of this supplement, shall be held by the board. person chosen by the voters present to preside at such election, and two inspectors of election, with a clerk to be chosen for such meeting at such places as the present council may designate by advertisements signed by the mayor or clerk, and posted in three public places in each ward ten days previous to the day of election, and all subsequent elections by the judge of election and the assessor and inspector, who shall constitute the board of election in their respective wards. for opening the polls. 6. And be it enacted, That the aforesaid annual charter Council to dielections in each ward shall be held and conducted by the rect the time judge of election, assessor and inspector, in the same manner and closing and under the same regulations in all things as are prescribed by law for the state elections for members of the legislature, except that the time of opening and closing the polls shall be directed by the common council, and shall be open at least six hours, betwen sunrise and sunset. Gled with 7. And be it enacted, That the statement of the result of statement of such elections in each of the wards of the said town and the election to be certificate in the manner required by law at the state elec- clerk. tions for members of the legislature shall be made within five days after such election by the proper officers, and shall be filed without delay with the town clerk. vassers. 8. And be it enacted, That the common council of said Board of can town for the time being shall convene on Monday next succeeding such election, at two o'clock in the afternoon, at their usual place of meeting, for the purpose of canvassing the votes given at such election, and the original statement of the votes filed with the town clerk shall be produced by the said clerk; the common council shall make a written statement of the whole number of votes given at such election for the mayor and other officers elected for said town and the several wards thereof, the names of the persons for whom such votes Council to elect in case of tie vote. Persons eligible to office. Proviso. Commencement of term of office. Vacancies, how filled were given, and the number of votes given for each, and shall thereupon determine and declare what person or persons have received the highest number of votes for each of the offices mentioned in such statement, the statements and final declaration of the common council shall be certified by the presiding officer and the clerk, and filed in the office of the town clerk; and within seven days after such determination, the town clerk shall cause a written notice of his election to be given to each of the persons so elected. 9. And be it enacted, That the person or persons receiving the greatest number of votes of those given in the town for any town office, and of those given in each ward for any office in that ward, shall be elected to that office; and if at any election for charter officers authorized by this act, any officer, except mayor, common councilmen or justice of the peace, shall not be chosen by reason of two or more candidates having received an equal number of votes, the common council shall by ballot elect such officers from the two or more candidates having the highest equal number of votes. 10. And be it enacted, That no person shall be eligible to any town office at any such election unless he shall then be an elector and resident of said town, nor shall he be eligible to any office for any ward unless he shall then be an elector and resident of such ward; and when any officer elected at any such election shall cease to reside in said town, or if elected for any ward shall cease to reside in such ward, his office shall thereby become vacant; provided, that the mayor and every member of the common council shall be freeholders in said town. 11. And be it enacted, That the term of office of justice of the peace of said town shall commence at the time prescribed by law, and the term of office of all other officers elected at the annual charter election shall commence twenty-one days after the day of the annual charter election, unless elected to supply a vacancy. 12. And be it enacted, That whenever a vacancy shall occur in the office of mayor or common council, by the neglect or refusal of such officer to take the oath of office within the time required by law, by his resignation, death, ceasing to be an inhabitant of the town or ward for which he was elected, or by any other cause, the common council shall immediately appoint a special election to be held in the several wards of said town, or in the ward where such vacancy has taken place to supply such vacancy, of which special election the same notice shall be given as is required by law in the case of special town meetings of townships, and such special election shall be conducted and the result determined and certified as is required in determining the result of the annual charter election; but in case any such vacancy shall occur within three months before the annual charter election in any year, it shall be within the discretion of the common council to appoint a special election or not, as they may deem. expedient. 13. And be it enacted, That if at any annual charter elec- Election to fill tion to be held in said town there shall be one or more vacan- vacancies. cies to be supplied in any office, and at the same time any person is to be elected for the full term of said office, the term for which each person voted for the said office is intended shall be designated on the ballot. shall be deem 14. And be it enacted, That if any person who shall be when office elected to any office at the annual charter election shall not a vacant. qualify according to law within twenty-one days after said election, or if any person who shall be elected or appointed to fill any vacancy in any of said offices shall not qualify according to law for the space of twenty one days after such election or appointment, his cffice shall be deemed. vacant. fill certain va cancies. 15. And be it enacted, That in case a vacancy shall occur Council may in any of the aforesaid offices, except mayor, common councilman, commissioner of public schools, or justice of the peace, by death, resignation, neglect to qualify according to law, or by any other cause, the common council may, in their discretion, proceed to fill such vacancy by the appointment of a suitable person who is eligible to such office. time of holding elections. 16. And be it enacted, That all elections hereafter to be Place and held within said town for members of the senate and general assembly of this state, for sheriff, clerk, surrogate and coroners of the county of Warren, and for members of congress and electors of president and vice president of the United States, or for any other office of the general or state governments, or officers of said county of Warren, to be elected by the people, shall be held in the several wards of said town at the places where the last preceding annual charter election was held, and the judges of elections in the several wards shall preside at and conduct such elections, and the ward clerks shall be clerks of such elections in their respective wards, and Town officers. Proviso. Mayor shall appoint police may be ap pointed. shall procure election boxes for their respective wards of the manner and description required by law, and said officers shall have the same power and authority, and liable to the same penalties and subject to the same duties as the like officers of townships of this state are or may by law be vested with and subject to. 17. And be it enacted, That the common council shall, from time to time, appoint, by a majority of the whole number of the members of said council, a town clerk, town treasurer, town surveyor, town attorney, town counsel, town physician, inspector of weights and measures, and such other subordinate officers not herein named, except policemen, as they shall think necessary for the better ordering and gov erning the town, and carrying into effect the duties imposed upon the said council, and every person who shall be so appointed shall continue in office until the office shall be declared vacant or until another person shall be appointed to succeed him, and shall enter upon the duties of his office; provided, that no officer so appointed shall be removed for malfeasance in office, misconduct or any neglect of official duty unless by the concurring votes of two-thirds of the members of the common council. 18. And be it enacted, That the mayor shall appoint one policeman in each ward of said town, and the chief of police in and for said town, who shall hold their offices, respectively, for one year, and until others are chosen and enter upon the duties of their office, and shall have power to remove any of said officers for malfeasance in office, misconduct or neglect Special police of official duty, and the mayor may appoint special policemen, for special purposes, from time to time as he may deem necessary to maintain order, enforce the ordinances, and protect the persons and property of the inhabitants of the town, and that for the purpose of quelling any insurrection, riot, Powers and disturbance, or disorderly assemblage, he shall have control of the constables and police force of said town, and the power to call on the citizens for aid in all cases of insurrections, riots, or disturbance of the public peace; it shall be his duty to communicate to the common council at their first meeting after the annual charter election in each year, and at other times when he shall deem it expedient, a general statement of the situation and condition of the town in relation to its government, finances, and improvements, with such recommendations as he may think proper, to be vigilant and active duties of the mayor. |