in the name of the treasurer of said city the amount of such assessment or estimate and costs thereof from the owner or owners of such lands, tenements or real estate, or his, her or their legal representatives, with interest and costs before the mayor or any one of the aldermen of said city, or in any court having cognizance thereof, in an action on the case for so much money by them paid, laid out and expended, to and for the use of such owner or owners, or his, her or their legal representatives; and in every such action the said assessment or estimate, with the proof of the amount paid, shall be conclusive evidence for the plaintiff. curb, grade and pave sidewalks and de rent. 20. And be it enacted, That if the tenant or tenants of Tenants may any lands, tenements or real estate within said city, shall cause the street in front thereof to be paved or macadamized, at the ex or the sidewalks to be curbed, graded, paved, flagged, grav- pense from elled, cemented or planked in obedience to such ordinance or regulation, at his, her or their own expense, it shall be lawful for him, her or them to deduct the same out of the rent, or to recover the same from the landlord, or owner or owners, or his, her or their legal representatives, with interest and costs, in an action on the case, before the mayor or either one of the aldermen of said city, or in any court having cognizance thereof, for so much money by him, her or them paid, laid out and expended to and for his, her or their use; provided, that nothing in this act shall affect any contract or agreement made or to be made between landlord or tenant respecting such charges or expenses. ings. 21. And be it enacted, That it shall and may be lawful Stone crossfor the common council of said city to cause stone walks to be laid across any street at the general expense of said city. 22. And be it enacted, That section twenty-three of the Repealer. act to which this is a supplement, and all acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed. 23. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved March 17, 1870. Boundaries. Election of commissioners and inspectors of election. Name. CHAPTER CCCCLXXVI. An Act for the Improvement of the Town of Red Bank, in the 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the limits of the town of Red Bank, in the county of Monmouth, for the purposes of this act shall be as follows: beginning at a point where the middle of the public road leading from Red Bank to Shrewsbury intersects the middle of Irving street; thence westwardly on a line with the middle of Irving street continued straight to the North Shrewsbury river; thence northwardly and eastwardly along the said river to the north-east corner of the land of the heirs of Edmund Throckmorton, deceased; thence southwardly to a point where the middle of the public road leading from Red Bank to Port Washington intersects the middle of the road leading from the last mentioned road to Parkersville by lands of David N. Byram and William L. Borden; thence southwardly along the middle of said Parkersville road to a point where the line of the middle of Irving strect continued eastwardly intersects the middle of the last named road; thence westwardly to the place of beginning. 2. And be it enacted, That it shall and may be lawful for such of the legal voters of the township of Shrewsbury as may reside within the aforesaid limits, on the first Monday of May next, to assemble at the Globe hotel in the town of Red Bank on the said first Monday in May next, and then and there by ballot and by a plurality of votes, elect a commissioner and four assistant commissioners, a town clerk and two inspectors of election; and as soon after said election as the said commissioner and assistant commissioners shall be sworn into office, as hereinafter provided, they shall be denominated "The Board of Commissioners of the Town of Red Bank," and by that name they and their successors forever hereafter, shall and may have perpetual succession, shall be capable of suing and being sued in all the courts of this state, and by that name may make contracts and agreements, and make regu lations and ordinances for the purpose of carrying out and effecting the objects and purposes of this act. tion. 3. And be it enacted, That at the election herein before Time of opening and closmentioned, Samuel T. Hendrickson, James P. Allen and ing the polls. John Sutton, or such of them as may consent to act, or the survivors or survivor of them shall act as inspectors, and Thomas H. Applegate shall act as clerk; that at such election the polls shall be opened at one o'clock, p. m., and close at four o'clock, p. m., that the persons elected shall hold their offices for one year from the said first Monday of May next, and until their successors are elected and sworn into office; that on the first Monday of May, yearly and every year there Annual elecafter, the legal voters aforesaid shall and may hold a like election at such place in said town as may be designated by the said board of commissioners, who shall by ordinance prescribe the time of opening and closing the polls at such election, and the mode and manner of conducting it; provided, Proviso. however, that said election shall be by ballot, and the polls at such election shall be open at least from one o'clock, p. m., until four o'clock in the afternoon, of all which public notice shall be given by the said board of commissioners at least ten days before each election; provided, also, that in case of the death, absence or refusal to serve of the person herein named as clerk of said first election, a clerk shall be appointed by the inspectors or inspector, as the case may be; and in case of the death, resignation or refusal to serve of any persons elected from time to time, as town clerk or inspectors of election, or any disability preventing him or them, or either of them, from serving, such town clerk or inspector shall and may be appointed by the board of commissioners, and shall hold his office until his or their successor or successors is or are elected and qualified; at all elections held in pursuance of this act, except the first, the town clerk shall act as poll clerk. oath. 4. And be it enacted, That the said board of commis- Commissionsioners, town clerk and inspectors of election, who shall ers shall take be elected as hereinbefore provided, shall, before entering on the duties of their respective offices, and within five days after they shall be notified of their election by the inspectors of election, take and subscribe an oath or affirmaion before some person authorized by the laws of this state to administer an oath, that they will faithfully discharge the duties of their respective offices, and in default commission ers. thereof the election of the person or persons in default shall be deemed void and of no effect; in case such default shall occur on the part of the commissioner or one or more of the assistant commissioners elected at the first election, a new election shall be held at such time as may be appointed by the said inspectors; and if at any subsequent election at such time as may be appointed by the commissioners for the time being, at least ten days' public notice being given of such new election; if such default shall occur on the part of any person elected as town clerk, his default shall be considered as a refusal to serve, and the office shall be filled as hereinbefore provided. Powers of the 5. And be it enacted, That within thirty days after said commissioner and assistant commissioners shall have been sworn into office as aforesaid, they shall meet in some suitable place and organize, and the said commissioner shall be chairman; and when so organized they shall have power to pass and enact such by-laws and ordinances, not repugnant to the constitution or laws of the state as they may consider proper for altering, regulating and fixing the grade of the roads, streets and sidewalks, and lighting the same within the aforesaid limits, tor improving and keeping the same in repair, and for preventing or removing obstructions therein; for preventing and suppressing riots and disturbances of the peace; for suppressing vice and immorality, and all such other laws and ordinances as they may think adapted to promote the welfare, good order, health and prosperity of the said town and the inhabitants thereof; to revoke, alter and amend the same in their discretion, and to enforce obedience to the same by fines and imprisonments; provided, no fine shall exceed ten dollars for the first offence, nor more than twenty dollars for each offence thereafter, and no imprisonment shall exceed thirty days for any offence; provided also, that no by-laws or ordinances affecting the rights or property of said inhabitants shall be valid or binding, unless the same shall receive the votes of at least three of the said board of commissioners, nor shall the same go into operation until it shall be regularly recorded in a book kept for that purpose, and a copy thereof signed by the chairman of said board of commissioners, and attested by the clerk, shall have been posted, for at least twenty days, in the room where the said board of commissioners shall usually assemble, and in at least three Proviso. other public places in said town, and shall be published the same length of time in at least one of the newspapers of said town. 6. And be it enacted, That the said board of com-Treasurer and missioners shall appoint a town treasurer, a town marshal, other officers. and one or more assistants, and a street superintendent whose duties shall be the same as the overseer of the roads, under the laws of this state, and who shall be under the direction and control of said board of commissioners, each of whom shall give security, in such sums as said board of commissioners may require, for the faithful discharge of the duties of their respective offices; they shall hold their offices. during the pleasure of the board, and receive such compensation as may be allowed by the said board of commissioners. 7. And be it enacted, That two persons shall be appointed Police justice. and commissioned, by the said board of commissioners, as police justices, who shall at the time of their appointment be acting justices of the peace, elected under the laws of this state, and shall hold their office for the same term as justices of the peace elected under the laws of this state, and shall have and exercise the same power and jurisdiction within said limits in criminal cases as justices of the peace now or hereafter may be authorized to exercise in this state, and shall be entitled to take fees as justices of the peace now are or hereafter may be entitled to for like services; the courts held by said justices shall be courts of record, and said justices shall have full power to cause to be kept all ordinances that may be made by said board of commissioners, for the preservation of the public peace, and for the good government of said town; and all recognizances taken by or before said justices, or either of them, shall be by them forthwith sent to the court of general quarter sessions of the peace of said county. 8. And be it enacted, That the said board of commissioners Town prison. of the town of Red Bank shall have power and authority to build or provide a town prison for the detention and imprisonment of any person who shall be arrested or committed for any breach of any of the by-laws or ordinances of said town, or for any breach of the peace or any offence against the laws. of this state. marshal. 9 And be it enacted, That it shall be the duty of the marshal Duties of the and his assistants to preserve the peace and good order of the said town, and they are hereby empowered to arrest any person |