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principal, surety, or otherwise, the expense or consideration of which is to be paid from the city treasury.

officers not

creased or

during his

term.

33. And be it enacted, That the salary of no public officer Salaries of shall be increased or diminished during his official term. to be inThat no member of the city council shall during the period diminished for which he was elected be appointed to or be competent to hold any office the salary or emoluments of which are paid from the city treasury; and that the council shall receive no remuneration unless a specific appropriation be made at the annual city or town meeting for that purpose and then for no more than one meeting in each month.

borrow

34. And be it enacted, That it shall be lawful for the city Council may council to borrow money from time to time, provided the money. said city council shall cause the clerk to give notice at least ten days before the charter election, what amount, for what purpose, and for what time they purpose to borrow any sum, and a separate ballot shall be used at the succeeding election, on which shall be written or printed "Loan," or "No Loan;" and if a majority of such ballots, when counted, shall have written or printed on them the word "Loan," then the city council shall be so empowered to borrow such amount in addition to the general appropriation and it may be lawful for the city council to secure the payment thereof, by the issue of bonds or other instrument, under the common seal and signature of the mayor, and to provide by tax for the payment thereof: said bonds not to be disposed of at less than par; and provided, there Proviso. shall not be a greater sum than five thousand dollars. raised by loan in any one year, and the city shall not owe more than five thousand dollars at any one time; provided Proviso. always, that for any amount of indebtedness exceeding that voted by the inhabitants at their annual charter election immediately preceding, the city council, under whose authority the said excess of indebtedness shall have accrued (except such temporary loans as are authorized by this act in anticipation of taxes or assessments for improvements) shall be individually and collectively responsible except those who may enter their protest, upon the record

Money may

be raised by

tax.

Proviso.

Assessments to be made.

Proviso.

Inhabitants not incom

petent as witnesses.

Offenders to be commit

of their proceedings against such excess or increase of indebtedness.

35. And be it enacted, That it shall and may be lawful for the city council at any time before the twentieth day of August in each year, to cause to be raised by tax in addition to the amount appropriated at the annual city or town meeting, such sum or sums of money as may be necessary for carrying into effect the ordinances and by-laws from time to time enacted by them, and for defraying any other expenses of said city, not to exceed the sum of five hundred dollars in any one year; provided, that the sum total of the amount so raised in addition to the taxes levied by the annual city or town meeting shall not exceed the limit of one per cent. as set forth in section 10th of this

act.

The city assessor shall assess the several sums so ordered to be raised, in the same manner as ordered in section 9th of this act. And it shall and may be lawful for the city council to borrow money in the name of the city on note or other security, in anticipation of the payment of taxes levied at the preceding city or town meeting; provided, that the sum so borrowed shall not amount in all to more than one-half of the taxes levied by the annual city or town. meeting; nor be made payable at any period later than thirty days after the time fixed by law for the collection of said taxes.

36. And be it enacted, That upon the trial of any issue or upon judicial investigation of any fact, to which the "inhabitants of the city of Perth Amboy," are a party, or in which they are interested, no person shall be deemed an incompetent judge, witness, or juror by reason of his being an inhabitant, freeholder or freeholder of said city, and that if any person shall be sued or impleaded by reason of anything done by virtue of this act, it shall be lawful for such person to plead the general issue, and give this act and special matter in evidence at the trial.

37. And be it enacted, That until such time as a city ted to jail of prison may be erected, that the jailor of the county of

Middlesex

county.

Middlesex, for the time being shall receive and safely keep all offenders against any by-law or ordinance of the city of Perth Amboy as shall be committed to the jail of said county by any justice of the peace in the city for the time of his, her or their imprisonment as expressed in the warrant of commitment, and all expenses of keeping said offenders, in said jail, shall be borne and paid by the county of Middlesex.

not deliver

ing propersuccessor in

ty, &c., to

office.

38. And be it enacted, That if any person having been Penalty for an officer of the said city shall not within ten days after he shall have vacated or been removed from the office, and upon application of his successor in office deliver over to him all the property, books, and papers belonging to the city or appertaining to such office in his possession, or under his control, he shall forfeit and pay to the city any sum not exceeding five hundred dollars, to be sued for and recovered with costs.

penalty im

ordinance.

39. And be it enacted, That all actions to be brought Actions for before any justice of the peace of the city for the recovery posed by of any penalty imposed by any ordinance that may be passed by said city council may be prosecuted in the name of the "treasurer of the city of Perth Amboy" without specifying the name of the treasurer of the said city for the time being, and no suit shall abate by reason of any change of the person holding such office.

liabilities of inhabitants of city.

40. And be it enacted, That all the duties and liabilities Duties and heretofore imposed on the inhabitants of the several townships of this state, not inconsistent with this act, shall be sustained and performed by the inhabitants of the city of Perth Amboy; and all the rights and privileges heretofore conferred on the inhabitants of the several townships, so far as they are in conformity herewith, shall be held and possessed by the inhabitants of said city. And nothing in this act contained shall be construed to interfere with or impair the vested rights of any person or corporation, except as to property taken for public use upon compensation as provided for herein.

Former acts repealed.

41. And be it enacted, That all acts or parts of acts, inconsistent herewith, be, and the same are hereby repealed; this act shall take effect on and after the second Monday in April.

Approved March 8, 1859.

Names of corporators.

Amount of capital stock.

CHAPTER LV.

AN ACT to incorporate the Rahway Water Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Joseph T. Crowell, Thomas II. Shafer, Joseph S. Smith, Patrick Clark, and Samuel Williams, and their associates, and all other persons who shall become subscribers to the capital stock hereby created, and their successors in office, shall and they are hereby incorporated and made a body politic and corporate, in fact and in law, by the name of "The Rahway Water Company."

2. And be it enacted, That the capital stock of said company shall be fifty thousand dollars, with liberty to increase the same to one hundred thousand dollars, which shall be divided into shares of twenty-five dollars each, and paid in by the stockholders at such times, in such manner, in such instalments, and upon such notice as the directors of said company, by their by-laws or otherwise may direct or appoint; and in case of the failure of any stockholder to

pay his or her instalments at the time and place appointed for the payment thereof, or within thirty days thereafter, such stockholders shall incur a forfeiture of his or her share or shares, and of all previous payments thereon, for the use of the company; and such shares shall be deemed personal property, and be transferable in such manner as the said company, by their by-laws, may appoint; provided, Proviso. that notice in writing, or by advertisement, shall be given to each of the stockholders of the time when the shares are required to be paid in.

sioners to

subscrip

3. And be it enacted, That the above named persons, or a Commis majority of them, shall be commissioners to open books receive and receive subscriptions to the capital stock of said com- tions. pany, at such time or times, and place or places, in the city of Rahway, as they, or a majority of them, may think proper, giving notice thereof at least ten days prior to the time for receiving subscriptions, by publishing the same in some newspaper published and circulated in said city; and that the said commissioners, or a majority of them, shall be authorized to declare what amount shall be paid on each share at the time of subscribing, and to appoint some suitable person from among them as treasurer, to receive the same; and as soon as one hundred shares of said stock shall be subscribed, shall give like publication for a meeting of the stockholders, to choose seven direct-. ors, a majority of whom shall reside within the limits of the city of Rahway, and shall form a quorum for transacting business, and who shall hold their offices for one year, and until others shall be elected.

tion books

to be de

livered to

directors.

4. And be it enacted, That the said election shall be cer- Subscriptified by the said commissioners, or a majority of them, and money who shall thereupon deliver over to said directors the subscription books and moneys paid in, first deducting the expenses of the said commissioners, at such time and place as shall be appointed by the said commissioners, or a majority of them, notice whereof shall be given to the said directors, and who shall be thereupon authorized to hold their first meeting.

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