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hundred and eighteen feet three inches, to the northerly side of Camden and Moorestown turnpike; thence south eighty-seven degrees thirty minutes west, along the northerly side of said Camden and Moorestown turnpike thirty feet three inches, to the easterly side of Cove road; thence north thirty-three degrees twenty minutes west, along the easterly side of said Cove road two thousand eight hundred and sixty-one feet, to the extended line between the Cattell and Horner properties; thence south sixty-two degrees five minutes west, on said line one thousand nine hundred and twenty feet seven inches, to a corner; thence south twentyfive degrees forty-five minutes east, along said line one thousand and fourteen feet four inches, to the northerly side of Camden and Burlington railroad; thence south eighty-seven degrees thirty minutes west, along northerly side of said Camden and Burlington railroad three thousand six hundred and seventy feet, to the line of Joseph Amen's property; thence south twenty-six degrees forty-five minutes east, along said Joseph Amen's property seven hundred and fifty feet, to the northerly side of the Camden and Moorestown turnpike; thence south eighty-seven degrees thirty min utes west, along the northerly side of said Camden and Moorestown turnpike six hundred and thirty-five feet six inches, to a line in Joseph Amen's property; thence south twenty degrees east, six hundred and forty-eight feet nine inches to a corner in Joseph A. Shivers' (deceased) property; thence north fifty-nine degrees east, one hundred and twenty-nine feet three inches, to a corner in Joseph A. Shivers' property; thence south seventeen degrees thirty minutes east, four hundred and eighty-five feet eight inches to a corner in said Joseph A. Shivers' (deceased) property; thence south eighty-seven degrees thirty minutes east, four thousand two hundred feet, more or less, to the southwesterly side of Whiskey or Chapel road; thence south thirtynine degrees thirty minutes east, along southwesterly side of Chapel or Whiskey road to a line extended to Robert Morrison's property two hundred and sixty feet; thence southwest eighty-six degrees east, five hundred and thirty feet to a corner; thence south eighty-nine degrees forty-five minutes east, five hundred and fourteen feet nine inches to a corner; thence south seventy-four degrees forty-five minutes east, eight hundred and sixty-nine feet two inches to a corner; thence south thirty-three degrees fifteen east, four

Time and place of holding first elec

tion.

Officers elected.

hundred and forty feet two inches to a corner; thence north seventy-six degrees east, seven hundred and fifty-five feet to a corner; thence north fifty-nine degrees east, eight hundred and five feet two inches to a corner; thence north four hundred and fifty-five feet four inches to place of beginning.

2. And be it enacted, That the first election after the passage of, and pursuant to this act, shall be held on the second Tuesday of May next, at the public hall at Merchantville, in Stockton township, Camden county, New Jersey, and all subsequent elections for officers of this borough shall be held at such place or places as may be appointed by common council of the borough aforesaid on the day or days which now are or hereafter may be designated by law for holding the general elections of the state; and at the said first election there shall be elected by ballot one citizen who shall be styled the burgess of said borough, and seven other citizens to be members of the common council, one pound keeper, one constable of said borough, whose name shall be returned to the next court of quarter sessions of the peace of said county for the like purposes as in election of township constable; the said inhabitants shall also at the same time and place elect one justice of the peace, one judge and two inspectors of elections, three commissioners of appeal and assessor agreeably to the laws of this state; the said elections shall be conducted in the same manner as is preconducting scribed by law in the townships in this state, except that the certificates of election of burgess, common councilmen, constable and commissioners of appeal, shall be filed among the records of the corporation; provided, that the first elec tion to be held under this act shall be held by a judge and two inspectors, to be chosen by the inhabitants present at the opening of said election by the constable of the township of Stockton, whose duty it shall be at least ten days before the second Tuesday of May, the day appointed for the holding of the first election, to give public notice by six or more printed or written advertisements affixed to as many of the most public places within the limits of the said borough of the time and place of holding such election; and Constable the said constable is hereby required and directed to attend election. at the said public hall in Merchantville on the second Tuesday of May, at the hour of seven A. M. of said day, and open said election; the burgess as aforesaid shall be elected to

Mode of

election.

Proviso.

to open

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serve for a period of one year; the common co
serve for a period of three years each, except iL
the first election to be held under this act, when it
cilmen shall be elected to serve for three years, tw
cilmen to serve for two years, and two councilmen i
for one year; every election after said first elec
councilmen shall be elected to serve for three years
every third annual election, when three councilmen • ..
elected, and the said council shall meet and organ
Monday following the second Tuesday of May, at
in each and every year; the constable and the po
er shall be elected to serve for one year, the jus
spectors of election shall also be elected to ser
year, and the justice of the peace for a period o.
3. And be it enacted, That the burgess and co...
cil of said borough shall constitute and be cal
mon council of the borough of Merchantville, a.
common council shall be summoned and their
at such time and places in said borough as in
point; the burgess shall preside at the meetings
mon council and have a casting vote only, an
sent, one of the common councilmen may be c..
members present, chairman pro tempore, au
the whole number of members shall be a qu
act business; and it shall be the duty of ti
necessary to call special meetings of said co.
and in case of his neglect or refusal so to a
tion to him in writing by any three of said c
it shall be lawful for any three member-
council to call any special meeting or meet
cil at such time and place as they may des
or printed notices; and in all cases of sp
tice shall be given to all the members of
mon council in person, or left at their p

4. And be it enacted, That the poll o'
be opened and closed in accordance wi
election laws of the state of New Jersey.
ifications shall be required to entitle a j
or may be required at the township e
and the name of each person voting at -
written in a poll list by the clerk or ca
after the poll shall be closed the judg
count the votes given for the several

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Vacancies may be filled by council

ular elec

tion.

the result under their hands and seals, and deliver such certificate to the borough clerk, who shall file and preserve the same among the records and papers of the corporation, and the persons having the greatest number of votes shall be deemed to be elected to the office for which they shall be voted for respectively, who shall respectively hold their offices as herein provided for in section 2, of this act; that is to say, the burgess to serve a period of one year, the common councilmen a period of three years, and the justice of the peace for a period of five years, the constable and pound keeper for a period of one year, and until others are elected in their stead and sworn into office.

5. And be it enacted, That in case of death, resignation, inability, disqualification, neglect or refusal to act, or retil next reg-moval out of the borough of any of the officers thereof, it shall be lawful for the common council to apppint others in their stead or place until the next regular election, who shall during the said term perform the like services, be entitled to the same fees, and be subject to the same responsibilities as though elected at the annual election.

All persons

or elected

to take of

ficial oath.

6. And be it enacted, That before any of the said officers appointed shall take upon themselves their respective duties, they shall take and subscribe an oath or affirmation for the due execution of their respective offices before one of the justices of the peace, in and for the county of Camden, who are hereby authorized and required to administer the same, or beConstable, fore the burgess of said borough; and the constable, treasurer and collector of said borough so elected and appointed by the common council shall each give bond to the said borough, in such sum and with such sureties as the common council may approve, for the faithful performance of the duties of their respective offices; and no member of the common council shall be taken as security upon the bond of any officer.

treasurer

and collect

or to give

bond.

Burgess to be justice of the

peace exofficio.

Proviso.

7. And be it enacted, That the burgess of said borough shall be a justice of the peace ex-officio, and shall have all the powers and authority of a justice of the peace in the state of New Jersey; and the said burgess or any justice of the peace, resident in said borough, shall severally hold courts, which shall be courts of record, and take cognizance of all forfeitures and of all fines and imprisonments, or both, laid or to be laid by the ordinances of the common council of said borough; provided, however, that the said burgess shall not

fence

dinances of

by virtue of his office be authorized to try any civil action, except such as may arise under an ordinance for the recovery of a forfeiture, or for an assessment for taxes or damages; and it shall be lawful for said burgess, or any resident justice of the May punish peace on conviction of any offender of any offence against for any of any of the ordinances of said borough or against the laws against orof the state, punishable by fine or imprisonment, or both, to borough. punish said offenders by fine or imprisonment, or both, as the case may require, together with the costs of conviction, and by his warrant directed to the borough constable, in case the offender be sentenced to imprisonment, to command that he, she or they be conveyed to the common jail of the county of Camden, there to be confined until the term of imprisonment shall have expired, and till the costs of conviction be paid; or if said offender shall be adjudged to pay a fine, then there to remain until said fine and costs of conviction be paid, or to issue a warrant directed to the constable, commanding said officer to levy and make such fine and costs of the goods and chattels of such offender or offenders, and, for want of sufficient goods and chattels, to take and convey any such offender to the common jail aforesaid, there to be confined until such fine and costs are paid, or if any offender be adjudged to pay a fine and be imprisoned, then to command that he, she or they, as the case may be, be conveyed to said common jail, there to be confined for the term of his, her or their sentence, and until said fine and costs be paid; provided, that any such offender convicted Proviso. as aforesaid may appeal for the remission of any fine or costs, or fine or fines and costs, to the common council of said borough, and the said common council may remit the whole or any part thereof, upon such terms as they may deem best to prescribe and impose; and it shall be the duty of the said burgess to see that all ordinances enacted by the common council of said borough are duly published and enforced; and no shows or exhibition of any kind shall be allowed except consent in writing be first obtained of the burgess of said borough, or a written permit from the majority of the common council of the same.

common

8. And be it enacted, That it shall be lawful for a majority Majority of of the whole number of the members of common council members of that may be assembled in council meeting convened, to pass council reall ordinances for establishing a public ground or grounds, pass ordiand reclaiming, improving, regulating and protecting the

quired to

nances,

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