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Officers to be elected by

ballot.

Money for highways,

poses, &c.

as the inhabitants shall determine, in the manner hereinafter provided.

4. And be it enacted, That the inhabitants of the said township of Washington are hereby authorized and required to elect by ballot, and not otherwise, at said town meeting, and at their annual town meetings thereafter, the following officers, until otherwise required by law, whose qualifications shall be the same as are or may be fixed by law, that is a township clerk, a judge of election, an assessor, a collector, two chosen freeholders, two surveyors of the highways, three commissioners of appeals, one overseer of the poor, a town committee, consisting of five persons, a town superintendent of common schools, as many justices of the peace as the said township may be constitutionally entitled to elect, one constable, and such other officers as are needed for said township.

5. And be it enacted, That at the above named town school pur meeting, and at the annual town meetings thereafter, the inhabitants of said township shall, upon the same ballot with the township officers, vote for the amount of money to be raised for the highways, for school purposes, the amount of dog tax, and for the places of holding the next annual town meeting, and the election of state and county officers.

Mode of conducting election.

Town com-
mittee to fill
vacancies,
&c.

6. And be it enacted, That the election for the township officers above designated shall open at ten o'clock in the morning and close at four o'clock in the afternoon of the same day, and shall be conducted in the same manner, and subject to the same rules, as elections for state and county officers are or shall be; the board of election shall take the same oath or affirmation, as far as applicable, be invested with the same powers, and liable to the same penalties, the same qualifications for voters shall be required, and the result ascertained in the same manner and stated according to law.

7. And be it enacted, That a plurality of votes shall be sufficient to elect any officer, but a majority of the whole number shall be required to determine an amount of money

to be raised or specified; and in case there shall be a neglect or failure to elect any officer by the said town meeting, or in case of the refusal of any person elected to accept the appointment, or a vacancy from any other cause, or in case two or more have an equal number of votes for the same office, the town committee of said township shall, at their next meeting thereafter, fill such vacancy, determine upon such place, and elect between those having an equal number of votes, unless they shall deem a special meeting for those purposes most advisable.

election.

8. And be it enacted, That James Nutt, Jonathan Hutch- Board of inson, and James G. West shall constitute the board of election for said township at the next annual town meeting after the passage of this act, with power to choose a clerk, by whom due notice of the holding of such town meeting shall be given; and that thereafter the judge of election, assessor, and collector, for the time being, shall constitute a board of election for all future annual town meetings.

election to

ballot box.

9. And be it enacted, That the board of election appointed Board of by this act to hold the first annual town meeting are hereby procure required and directed to procure, at the expense of the county, a ballot box for the use of said township.

mittees to

divide pro

perty.

10. And be it enacted, That the town committees of the Town comtownships of Washington and East Windsor shall meet on the Monday next after the annual town meeting, at the house now kept by Elizabeth Miller, in Windsor, at the hour of ten o'clock in the forenoon of said day, and shall then and there proceed, by writing, signed by a majority of the township committees present, to allot and divide between the said townships of Washington and East Windsor all the property and moneys on hand or due, in proportion to the taxable property and ratables, as valued and assessed by the assessor of the township of East Windsor at the last annual assessment; and the inhabitants of the township of Washington shall be liable to pay their just proportion of the debts, if any there be, and if any of the town committee shall neglect or refuse to attend the meeting, as aforesaid, those present may proceed to make such.

Settlement of paupers.

Right of township to surplus revenue, not impaired.

Township to be part of

division, and shall have full power to adjourn from time to time, and to such place as they may think proper; and their decision, or the decision of a majority of them, shall be final and conclusive.

11. And be it enacted, That all paupers who may be chargeable to the township of East Windsor, at the time this act goes into operation, shall thereafter be chargeable to and supported by that township within the bounds of which they have respectively acquired their legal settle

ment.

12. And be it enacted, That nothing in this act contained shall be construed to impair, or in any wise affect, the right of said township of Washington in and to any portion of the surplus revenue of the general government to which the said township may now, or at any time hereafter, be entitled in the distribution of said surplus revenue, nor to interfere with the officers now elected in that part of the said township of East Windsor now created in the township of Washington, nor with the commissions of the justices of the peace, nor commissioners to take the acknowledgments and proofs of deeds.

13. And be it enacted, That the said township of Washthird assem- ington shall be included in and constitute a part of the third assembly district of the county of Mercer.

Act, when to take effect.

14. And be it enacted, That this act shall not take effect until the first day of March, eighteen hundred and sixty. Approved March 15, 1859.

CHAPTER CXXV.

A FURTHER SUPPLEMENT to an act entitled "An act respecting the Independent Essex Brigade, and to better regulate and discipline the same."

of former

ed.

1. BE IT ENACTED by the Senate and General Assembly of Provisions the State of New Jersey, That the provisions of the act to act extendwhich this is a supplement, providing for regimental courts martial be and the same are hereby extended to independent battalions attached to the Newark brigade, and that such battalion courts shall be constituted in like manner and possess the like powers with said regimental courts martial and that the paymasters of such battalions shall respectively possess the like powers and perform the like functions in all respects as the regimental paymasters, whether in regard to the collections of fines or otherwise, and fines when imposed by said battalion courts martial shall be collectable by the like process and in the like manner directed and provided in and by the act to which this is a supplement.

of moneys.

2. And be it enacted, That for the purpose of any dis- Distribution tribution of moneys among the companies of said Newark brigade, the numerical strength of the respective companies shall be taken, and held not to be greater than such respective strength at the annual brigade inspection next preceding such distribution, provided that nothing herein contained shall be construed to prevent the brigade board of said brigade from requiring by affidavit or otherwise, such reasonable proof as to them may seem proper to ascertain the actual strength of such companies.

former act

3. And be it enacted, That the second section of the sup- Part of plement, approved March fourth, eighteen hundred and repealed. fifty-eight, to the act to which this is a further supplement, be and the same is hereby repealed.

4. And be it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

Names of corporators.

General powers.

Election of directors.

CHAPTER CXXVI.

AN ACT to incorporate the Flemington Water Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Charles Bartles, John G. Reading, John L. Janeway, Alexander Wurts, Hugh Capner, Alexander V. Bonnell, and Bennet Vansyckel, and all other persons who may hereafter be associated with them in the manner hereinafter provided, and their successors shall be and are hereby constituted and declared to be a body politic and corporate, by the name and style of the Flemington Water Company, and by that name shall have continual succession, sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all manner of actions whatsoever; have a common seal, and make, change or alter the same at pleasure, and hold and enjoy such real and personal estate as may be necessary for the object of this incorporation, or may be taken in payment of debts; that the stock of the said company shall be deemed personal property, and shall consist of five hundred shares of twenty dollars each; that the management of the concerns of the said corporation. shall be entrusted to nine directors, being stockholders of said corporation, who shall be chosen every year at the annual meeting of the stockholders, which shall be held on the first Monday in May, at such hour and place in Flemington, in the county of Hunterdon, as said directors shall from time to time appoint, a notice of which election shall be published in a newspaper published at Flemington, for three successive weeks next before such election, at least once in each week; that all such elections shall be by ballot by the stockholders, in person or by proxy, under the inspection and direction of three stockholders, neither of them being a candidate at such election, appointed by the directors, each stockholder having a vote

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