[AN ACT TO INCORPORATE THE CITY OF WOODBURY]
Be it enacted by the Senate and General Assembly of the State of New Jersey that all that part of the Township of Deptford, known as the Borough of Woodbury, lying and being in the County of Gloucester, beginning in the middle of Woodbury Creek at a station 25 feet westerly at right angles of the course produced of the westerly line of Sydney Dyer's lot on the Red Bank Turnpike road, and from thence northeasterly the same course of and parallel with said line running 25 feet westerly thereof through the lands of William R. Tatum, until it strikes the land of the late Anna Howell; thence easterly along the southerly line of the said Howell's land and E. Mann's lot to the line of Samuel H. Ladd's land; thence southerly along the line between the lands of Ladd and the late E. Burson to a corner between said Ladd, Burson and John W. Cloud; thence southwesterly along the line between said Burson, John W. Cloud and Samuel P. Watkins to the line of the other land of Samuel P. Watkins; thence southerly along the line between said Watkins and L. Cloud to a corner between them at the head of a branch; thence down the main watercourse of said branch to the middle of Woodbury Creek aforesaid; thence up the middle of said creek, crossing the Good Intent Turnpike, to the corner of the Lewis Lardner's and the late Joseph Iszard's land; thence southwesterly along the line between said Lardner and others and continuing on the same course thereof through lands of William Griscom and the late William Dickerson, crossing the Egg Harbor Road, Kester's branch, and the Glassboro Road to the line between said Dickerson and the lands of Joseph W. Reeves; thence westerly along said line to the corner between Susan W. Garrigues and the late D. B. Cooper; thence southerly along the line between said Garrigues and Cooper and continuing the same course through said Cooper's land to a point in the old northerly line of formerly Paul Cooper's land; thence westerly along said old line to a corner of William Knight's land standing a little westerly or southwesterly of William Atkinson's house; thence northerly and westerly along the easterly and northerly lines of said Knight's land and along the old line between said Knight's and the late A. Woodward's lands till it comes in range of a certain line between the lands of Joseph Tatum, Jeptha Abbott, John H. Bradway and the lands now of the late J.M. White on the one side and the said Joseph Tatum, Thomas Glover and Robert K. Neff on the other side; thence on the course of and along said line northeasterly to Delaware Street and continuing on the same course, crossing said street and through the lands of John S. Twells, to the middle of Woodbury Creek aforesaid; thence up the middle of said creek to the place of beginning, shall be and is hereby erected into a city which shall be called and known by the name of the "City of Woodbury," and the inhabitants thereof shall be and are hereby incorporated by the name of the "Mayor and Council of the City of Woodbury," and by that name they and their successors forever shall and may have perpetual succession; shall be persons in law capable of suing and being sued, pleading and being pleaded, answering and being answered unto, defending and being defended in all manner of actions, suits, complaints, matters and causes whatever; may have a corporate seal and alter the same at their pleasure and may by their corporate name aforesaid purchase, receive, hold and convey any estate, real or personal, for use of said corporation.
And be it enacted that the officers of said City shall consist of a Mayor, who shall be the keeper of the City seal, nine members of Council, two chosen Freeholders, one Assessor, one Collector, who shall be City Treasurer, a City Clerk/Administrator, a City Surveyor, a City Solicitor, three Judges of Election, three Commissioners of Appeal in cases of taxation, one Marshal, two Overseers of the Poor, one Poundkeeper and as many Justices of the Peace as said City may be entitled to, the said officers to be elected as is hereinafter directed, except the City Solicitor and City Surveyor, who, together with such and so many policemen and other officers as may be deemed necessary for the government of said City, shall be appointed by the Council.
And be it enacted that the Charter election shall be held on the Tuesday preceding the second Wednesday in March in each year at the place appointed and designated for that purpose by the Council, between the hours, in the same manner and under the same regulations in all things as prescribed by law for state elections for members of the Legislature, provided that the first Charter election held after the passage of this Act shall be held at the same time and place, under the same regulations and in the same manner as is now provided by law for holding borough elections in the Borough of Woodbury.
And be it enacted that all future elections to be held in said City for members of the Senate and General Assembly of this state, for Sheriff, County Clerk, Surrogate and Coroners of the County of Gloucester and for members of Congress and electors of the President and Vice President of the United States or for any other office of the general or state governments or officers of the County of Gloucester shall be held by the Judges of Election and City Clerk/Administrator of said City at the place therein designated for holding the Charter elections on the day or days which now are or hereafter may be fixed by law for holding such elections, and such elections shall be conducted by said officers in all things pursuant to the laws of this state applicable to such elections in this state, and they shall be liable to the same obligations, duties and penalties imposed upon the like officers of elections in the townships of this state; and they shall be entitled to the same compensation for their services at all elections as the like township officers are entitled to receive; and in case of absence, disqualification or inability of any of them, the vacancy shall be supplied in the manner prescribed by the laws of this state in such cases.
And be it enacted that at the first election held under this Act and annually thereafter there shall be chosen by ballot by the legal voters thereof, from among the citizens of the same, a Mayor, two Chosen Freeholders, one Assessor, one Collector, a City Clerk/Administrator, three Judges of Election, three Commissioners of Appeal in cases of taxation, one Marshal, two Overseers of the Poor and one Poundkeeper to serve for one year, and as many Justices of the Peace as the said City may be entitled to; and at the said first election there shall be elected nine members of the Council, who shall on the Monday following their election meet and divide themselves by lot into three classes, the seats of the Councilmen of the first class to be vacated at the expiration of the first year; of the second class, at the expiration of the second year; and of the third class, at the expiration of the third year; so that three members of said Council shall be elected in each and every year thereafter to hold their office for the term of three years; and if vacancies happen, by resignation or otherwise, the persons elected to supply such vacancies shall be elected for the unexpired terms only.
And be it enacted that the Judges of Election and the City Clerk/Administrator shall constitute a Board of Election and in case of absence, disqualification or inability of any of them, the vacancy shall be supplied in the manner prescribed by the laws of this state in such cases; the name of each voter at such election shall be written in a poll book by the City Clerk/Administrator, and after the poll shall be closed, the said Judges of Election shall immediately count the votes given for the several candidates and certify the result under their hands and deliver such certificates to the City Clerk/Administrator, who shall file and preserve the same in his office and shall also, within five days thereafter, file a true copy of such certificate in the office of the Clerk of the County of Gloucester; the person or persons receiving the greatest number of votes given for any City office in said City shall be deemed to be elected to that office, and the City Clerk/Administrator shall, within five days after such election, give notice of the result of such election in the same manner that clerks of townships in this state are required to give notice of the results of elections in said townships.
And be it enacted that all persons residing in said City, qualified by the laws of this state or of the United States to vote at elections in this state, shall be entitled to vote at all elections held under this Act; and the said citizens so entitled to vote shall be capable of holding any office created by this Act of Incorporation, provided that no person shall be elected or serve as Mayor or a member of the Council unless he shall have resided in said City at least one year immediately preceding such election.
And be it enacted that in case any vacancy shall occur in any of the City offices by resignation, disqualification or death of the incumbent of said office, or in any manner whatsoever, the Council shall fill by appointment such office for the unexpired portion of the year in which said vacancy shall occur.
And be it enacted that it shall be the duty of the Mayor of said City to see that the laws of the state and the ordinances of the City are faithfully executed therein, and to recommend to the Council such measures as he may deem necessary or expedient for the welfare of the City; he shall maintain peace and good order in said City, and shall have power to suppress all riots and tumultuous assemblies, and cause to be arrested on his own view, without process or warrant, and to commit for trial, all persons violating or whom he has reason to believe have violated the laws of this state or the ordinances of the City; he shall possess the same powers and authority in all cases with which Justices of the Peace are now invested, and shall have power and authority to try all causes and complaints arising from the violation of any of the ordinances of said City and all persons who shall be arrested for drunkenness and disorderly conduct; and he is hereby authorized to commit any person so offending to the jail of the County of Gloucester for any period not exceeding 30 days or impose a fine not exceeding $20, or both.
And be it enacted that it shall be the duty of the Collector, who shall be City Treasurer, to receive and collect all moneys due to said City, whether for taxes, assessments, arrears of taxes or otherwise, and safely keep and disburse the same under the direction of the Council, and to pay out the same only upon the warrant of said Council, signed by the President and countersigned by the Clerk/Administrator; and no warrants on the City Treasurer shall be authorized except in pursuance of an order of said Council passed at a stated meeting and entered on its minutes; and such warrants shall be made and numbered payable to the order of the person or persons to receive the same and shall specify for what purpose the amount therein mentioned is directed to be paid; the said Treasurer shall keep a record of his proceedings affecting the revenue of the City and shall annually on the first Wednesday in March, or oftener if required by the Council, make out and publish a true statement in detail of all moneys received and disbursed by him and file a copy of said statement with the City Clerk/Administrator, and the said Treasurer shall pay over to the County Collector of Gloucester County the full quota of taxes required by law to be raised in said City for state and county purposes.
And be it enacted that all taxes raised within said City shall be assessed by the Assessor upon persons and property within the said City, in the manner and within the time directed by the laws of this state for assessing township, county and state taxes in the Township of Deptford, provided that all lands within the limits of said City held as farmlands and not for building purposes shall be valued and taxed as they are now taxed for township purposes.
And be it enacted that the City Clerk/Administrator shall be Clerk of Council and have charge of all the records, books and documents of the City, except when the Council shall otherwise direct by ordinance; he shall keep a record of the proceedings of the Council; he shall engross all ordinances in a book to be provided for that purpose and shall perform all such other duties as may be, from time to time, prescribed by the said Council, and shall possess the powers generally incident to clerks of townships, so far as the same be not inconsistent with this Act, provided that said City Clerk/Administrator shall not be disqualified from sitting as the Clerk of any election by reason of his being a candidate for said office at said election.
And be it enacted that the Chosen Freeholders, the Overseers of the Poor, the Commissioners of Appeal in cases of taxation, Surveyor, Poundkeeper and Assessor shall perform the duties required of such officers by law in the Township of Deptford, of this state and the ordinances of said City.
And be it enacted that the Marshal of said City shall possess the same powers, take the same obligations, perform the same duties, be subject to the same penalties and receive the same fees as any constable of any township in this state; and the said Marshal and policemen appointed for said City shall have power to arrest and take into custody, on his or their own view, without warrant, any person offending against any ordinance of said City and take any person so offending forthwith before the Mayor or any Justice of the Peace of said City for a hearing, and in case such hearing cannot immediately be had, to confine any person so offending in the county jail of the County of Gloucester until a hearing can be had, provided that such hearing shall be given within 24 hours after such arrest or the offender discharged.
And be it enacted that no person elected or appointed to any office in pursuance of this Act or any law or ordinance of the Council shall enter upon the discharge of his duties unless, within 10 days after his election or appointment, he shall take and subscribe before the Mayor or City Clerk/Administrator or some person authorized to administer oaths and affirmations, an oath or affirmation faithfully, fairly and impartially to execute the duties of his office according to the best of his knowledge, skill and ability, and shall file said oath or affirmation with the City Clerk/Administrator, who shall keep all oaths and affirmations on file in his office, and the oath of the City Clerk/Administrator filed with the Mayor; and if any such person shall neglect to take such oath or affirmation within the time herein specified or shall neglect within said time to give such security as may be required of him, he shall be considered as having declined such office and the same shall be deemed vacant.
And be it enacted that the City Clerk/Administrator, Treasurer and such other officers as the Council may require shall, before they enter on the duties of their office, give bonds to the City in its corporate name, in such sums and with such securities as the said Council may approve, for the faithful performance of their duties; and the Marshal shall give the same bond that constables of the several townships are required to give, with sureties to be approved by said Council.
And be it enacted that all fines inflicted by ordinances shall when received be paid into the City treasury.
And be it enacted the legislative power of said City shall be vested in the Council; they shall annually elect one of their number to be President of said Council, and in his absence, shall elect one of their number to preside for the time being, appoint the times and places of meeting, determine and establish the rules for their own government, be the sole judges of the qualifications of their own members, keep a journal of their own proceedings, pass ordinances, bylaws and resolutions pertaining to the purposes and objects of said corporation and necessary and proper for carrying out the provisions of this Act, and may expel a member for disorderly conduct or a violation of their rules; but no expulsion shall take place except by a vote of 2/3 of all the members nor until the delinquent member shall have had an opportunity to be heard in his defense.
And be it enacted that every ordinance and every resolution of the Council affecting the interests of the City shall before it takes effect be presented duly certified to the Mayor, and the report of the Clerk/Administrator shall be conclusive evidence that the said ordinance or resolution has been so presented to the Mayor; if he approves it, he shall sign it; if not, he shall return it with his objections and file the same with the Clerk/Administrator within five days after he shall have received it; and the said Council shall at its first regular meeting thereafter order the objections to be entered at large on its journal and shall proceed to reconsider the same; and if a majority of all the members shall pass the same, it shall take effect as a law, but in every such case the vote shall be taken by ayes and nays and entered on the journal, and if such ordinance or resolution shall be not so returned by the Mayor within the time above specified, it shall become a law in like manner as if he had signed it; provided that each and every resolution and ordinance so passed as aforesaid shall be published for the space of two weeks, at least once in each week, in a newspaper printed and published in said City before said ordinance or resolution shall go into effect, and provided also that no ordinance or bylaw shall be enacted or passed by the said Council unless the same shall have been introduced before the said Council at a previous meeting and shall have been agreed to by a majority of said Council, but said Council may by a two-thirds vote put any such ordinance or bylaw on its final passage on the same day on which the same shall be introduced.
And be it enacted that a majority of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and compel the attendance of absent members; the said Council shall hold the annual meeting on the Tuesday next after the annual election and such other stated meetings during the year as it by ordinance or resolution may appoint; but the Mayor or President of the Council or any two members thereof may call special meetings by a notice in writing to each of the members, served personally or left at his usual place of abode at least 24 hours previous to the time appointed for such meeting.
And be it enacted that resignations of any office held under the provisions of this Act may be made to the Council and said Council may fill vacancies as provided in this Act; that any officer except the Mayor may be removed from office for cause by resolution of said Council, provided that no such removal shall take place until the party sought to be removed has had an opportunity to be heard in his defense, nor unless 2/3 of all the members vote therefor; and in case of any such removal the ayes and nays shall be entered upon the minutes.
And be it enacted that the Council shall have the power to fix the pay, salary or compensation of the City Clerk/Administrator, Assessor, Collector, who shall be the Treasurer, Marshal, Overseer of the Poor and all other officers elected or appointed under and by virtue of this Act except as it is otherwise herein provided, provided that no member of the Council shall receive, either directly or indirectly, any compensation for the performance of his official duties.
And be it enacted that it shall be the duty of said Council by ordinance or ordinances to prescribe and define the duties and establish all needful regulations for the government of all officers in the different departments of said City, and to require any of them to make returns and reports at stated periods during the year and the payment into the City treasury of all money received for fines, penalties or from any other source not herein otherwise provided for.
And be it enacted that the said Council shall by their title, the "Mayor and Council of Woodbury," have power to pass, enforce, alter and repeal ordinances to take effect within said City for the following purposes, to wit:
To lay out, open, widen, vacate, alter, grade, fill up, refill, establish, alter and regulate the grade and grading of all streets, avenues and roads, sidewalks and crosswalks,  provided that nothing herein contained shall be construed to interfere with the grade of any railroad within the limits of said City, nor with the rights of any turnpike company to 40 feet of the center of any turnpike road within the limits of said City; but said City shall have the right to make suitable crosswalks or footpaths over and across any such turnpike road, to ascertain and establish the boundaries of all streets, public alleys and roads in said City, and to authenticate any and all of said improvements by maps or otherwise.
To pave, macadamize, gravel, curb and gutter the streets, avenues and roads; to construct and repair sewers and drains in and from any, or in and from any parts of the public streets, roads, alleys, places and public or private grounds in said City.
To lay sidewalks of brick or other material; to lay out crosswalks of stone or other material; to reset the curbs and gutters in the streets and roads or any part thereof and to keep the sidewalks and gutters free from snow and ice and other impediments.
To declare what shall be considered nuisances in streets, roads, lots and places in said City; to prevent and remove all encroachments, encumbrances and nuisances in and upon any street, road, sidewalk, lot or enclosure, place or places within said City.
To secure in every respect to the public and adjoining owners the safe and convenient use of all streets, sidewalks and public places for the purposes for which they are or may be laid out or dedicated in said City.
To regulate and control the driving of cattle, mules and other animals in droves through the streets of said City.
To make and adopt an assessment map whereby to describe lands assessed for taxes and improvements.
To prevent horses, cattle, sheep, swine, dogs, goats and all other animals from running at large and to provide for the impounding and sale of the same; to impose a tax upon dogs, to be assessed and collected in the same manner as the like tax is assessed and collected in the several townships in this state; the City of Woodbury shall pay its share of the damage done to sheep in the Township of Deptford in proportion to the number of dogs in said City as shown by the last preceding assessment; and to provide for the muzzling, restraining and destruction of dogs.
To prevent immoderate and fast driving in the streets or roads, driving over or upon sidewalks, and cruelty to animals; and to regulate the planting and protecting of shade trees.
To prevent riots, disturbances and disorderly assemblages in the streets or in any house or place in said City; to prevent and suppress all gaming houses and houses of ill fame and to prohibit gaming; to restrain and punish indecent and disorderly conduct and drunkenness and to restrain and punish all mendicants, street beggars and common prostitutes; to suppress vice and immorality.
To license and regulate or prohibit restaurants, beer saloons, bowling alleys, billiard saloons, oyster houses and cellars, and to regulate or prohibit all traffic in or sale of intoxicating drinks in said City, except the inns and taverns licensed by the courts of the County of Gloucester; to license, regulate or prohibit hawkers and hucksters on such terms and under such regulations and penalties as the said Council shall by ordinance impose, and no license for any of the above purposes within said City, granted by any other authority, shall be lawful, except licenses granted by the Governor to hawkers and peddlers.
To prescribe the duties and compensation of all officers herein named not already fixed by statute.
To manage, regulate, control and protect the finances and property and all public buildings of the City and the erecting and maintaining of said buildings.
To establish, regulate and control a City police force, to regulate and define the manner of their appointment and removal, their duties and compensation, and to provide for the safekeeping of criminals, offenders and persons under arrest in the jail of the County of Gloucester.
To establish, regulate and control a Fire Department, with power to exempt its members from serving as jurors in the courts for the trial of small causes and from militia duty in time of peace; to provide fire engines, hose and hook and ladder carriages and all apparatus and hoses needful therefor, provided that the members of said Fire Department shall reside within the limits of said City and shall not exceed 50 men to each and every fire engine and 30 men for each and every hose or hook and ladder company.
To regulate and sink wells, cisterns and pumps in the streets or enclosures of said City for the extinguishment of fires; to regulate the keeping of gunpowder and other dangerous or combustible materials; to provide for the prevention and suppression of fires; to regulate the construction of chimneys or flues and the cleaning of the same; and to regulate or prohibit the carrying on of any trade, business or manufacture likely to cause fires or endanger the health or well-being of the inhabitants of said City.
To provide street lamps for and to light the streets, either by gas or other material.
To prevent or regulate the firing of guns or pistols and prevent the trapping of birds in said City; to license or prohibit the exhibition of shows, circuses or all other like matters; to prohibit the throwing of stones, snowballs, playing balls or other like missiles in the streets; to regulate or prohibit the selling or exposing to sale or the firing of firecrackers or other fireworks in said City.
To provide for assessing and collecting taxes, and regulating and conducting City elections; and said Council may provide by ordinance that the City shall pay 1/3 of the cost of paving or macadamizing the streets of said City with such substantial material as the property owners on the line of the street may desire.
To provide for the purchase of the right and privilege which any turnpike company may have to any street or road within the limits of said City and to extinguish the same when any such purchase shall be completed.
To punish by fine or imprisonment in the county jail, or both, all violations of any ordinance authorized by this Act, and to provide all means which said Council may deem necessary to carry into effect the objects and purposes of said corporation, and to pass such and so many other ordinances or bylaws for the peace, good government, order, well-being and conveniences of the said City as the said Council may deem necessary, proper and expedient, not repugnant to this Act nor to the Constitution of this state or the United States.
And be it enacted that the ordinances of the Council of said City shall begin in the following style, to wit: "Be it enacted by the Mayor and Council of the City of Woodbury."
And be it enacted that it shall be lawful for the Council to raise by tax every year so much money as they may deem necessary and expedient for the purpose of opening, widening, laying out, repairing and keeping in order streets and roads, maintaining the poor, supporting and maintaining public schools, for contingent expenses, and for paying so much of the indebtedness of said Township of Deptford assumed by said City as may be provided for by the provisions of this Act and for all other purposes authorized by this Act; and that the ordinances directing the raising of said tax shall set forth the amount required for each object; which tax shall not in any one year, except as is hereinafter provided, exceed five mills on the dollar of the actual valuation of the property assessed, and every taxable inhabitant of said City shall be assessed the sum of $1 as a poll tax to be applied for the purpose of public schools; and the said Council may, from time to time, borrow such sum or sums of money, in the corporate name of said City, for all purposes for which they are by this act authorized to raise money by tax, as they may deem necessary and secure the payment thereof, by bond or other instrument, under the common seal of said City and signature of the Mayor attested by the City Clerk/Administrator and to provide by tax for the payment thereof, provided that no loan shall be made without the concurrence of a majority of all the members of said Council. and provided further that there shall not be a greater sum than $1,000 borrowed in any one year and that the said City shall not at any time owe more than $1,000 exclusive of the war debt due by said City. (Laws 1872, Ch. 291.)
And be it enacted that whenever it shall in the opinion of the said Council be necessary to raise in any one year, for the use of said City, a sum of money that will exceed five mills on the dollar of the actual valuation of the property assessed, then and in such case the said Council shall at a stated meeting thereof determine the amount necessary to be raised and state therein the use or uses to which it is to be applied, and shall and they are hereby authorized and required to give the inhabitants of said City notice of the same by publishing said resolution in a newspaper printed in said City for the space for two weeks, at least once in each week, or by printed handbills set up in five of the most public places therein, for the like space of time, before the annual election held in and for said City; and said resolution, published or set up as aforesaid, shall be deemed sufficient notice to the people of said City that the sum therein named will be voted for at the ensuing election; and the legal voters of said City shall determine at said election for or against raising the sum of money proposed by said Council in and by their said resolution, by having the word "money," if in favor of raising said sum, written or printed on their ballot, or the words "no money" written or printed thereon if opposed thereto; and the Judges of Election shall count all such votes cast for or against the raising of such sum of money and certify the number of each cast, and if it shall appear that the greater number of ballots contain the word "money," then the sum named in the resolution of the said Council shall be authorized to be assessed and collected for the uses and purposes stated in said resolution, but if the greater number of ballots contain the words "no money," then and in that case no sum shall be raised greater than the limit fixed in the preceding section of this Act.
And be it enacted that the City Collector of said City, in case of the nonpayment of taxes on or before the twentieth day of October in each year, shall make a list of all delinquent taxpayers with the sum due from each, respectively, and shall on the twentieth day of October in each year, except when said day shall fall on Sunday, and then on the next day following, deliver the same to a Justice of the Peace of said City, who shall proceed and issue a tax warrant thereon as provided by law in cases of taxes in townships of this state, which shall be directed and delivered to the Collector of said City, who shall have power to collect the same in like manner in all things as the collectors in the townships are directed by law; but such Collector shall, before he delivers such list to said Justice of the Peace, take and subscribe an oath or affirmation before him that the moneys in said list mentioned have been duly demanded or due notice given at the usual places of residence of such delinquents who could be found or may then reside in said City.
And be it enacted that whenever within the said City any tax shall remain unpaid after the twentieth day of October in each year, it shall be lawful for and shall be the duty of the Collector to charge, receive and collect in addition to the amount of said tax, interest thereon, to be computed at the rate of 12% per annum from said twentieth day of October until the same is paid.
And be it enacted that all taxes and assessments which shall hereafter be levied, assessed or made upon any lands, tenements or real estate situate in said City shall be and remain a lien thereon until paid; and the said Council shall have the like power and authority to authorize sales for the payment of taxes as the township committees of the several townships in this state now have and possess by law.
And it be enacted that it shall and may be lawful for the Council of said City to make and establish ordinances and regulations for the laying out, opening, extending, altering, widening, grading, curbing, guttering or filling up of any street, road, highway or alley within said City whenever in their judgment the public good requires it to be done, and for the paving or macadamizing of any of the said streets, roads, highways or alleys whenever the person or persons owning 2/3 of the frontage of land lying on the said street, road, highway or alley shall make application in writing to the said Council for the same to be done, provided that said City shall pay 1/3 of the expense of said paving or macadamizing.
And be it enacted that whenever the Council shall determine by ordinance to lay out and open any street, road, highway or alley within said City, or to alter, widen or straighten any street, road, highway or alley, or to make any sewer or drain in any part of said City and to take and appropriate for such purpose any lands and real estate, they are hereby authorized to treat with the owner or owners thereof for the same; they may purchase such lands and real estate and make such compensation to the owners thereof as they shall judge reasonable and right, and thereupon shall receive from such owner or owners a conveyance of such lands and real estate to the said City.
And be it enacted that when the said Council cannot agree with the owner or owners of such required lands and real estate for the said purposes or when, by reason of the legal incapacity or absence of such owner or owners, no such agreement can be made, it shall be lawful for said Council and they are hereby required to appoint three disinterested and impartial freeholders of said City to make an estimate and assessment of the damages that any such owner or owners will sustain by the laying out, opening, altering, widening or straightening of any such street, road, highway or alley or the making of any such sewer or drain; and in estimating and assessing such damages the said Commissioners shall have due regard as well to the value of the land and real estate as to the injury or benefit of the owner or owners thereof by the laying out, opening, altering, widening or straightening of any street, road, highway or alley or the making of any such sewer or drain.
And be it enacted that the said Council on making the appointment aforesaid shall designate a time and place for the meeting of said Commissioners not less than twenty days from the date of said appointment, of which time and place the City Clerk/Administrator shall give notice by advertisement in a newspaper published in said City, at least ten days before the time of meeting; and it shall be the duty of the said Commissioners, having first taken and subscribed an oath or affirmation fairly and impartially to execute the duties imposed upon them by this Act, to meet at the time and place appointed and proceed to view the said land and real estate and to make a just and true estimate and assessment as aforesaid; and for this purpose the said Commissioners shall have power to swear and examine witnesses and to adjourn from time to time and shall report their proceedings to the said Council, with the assessment and appraisement aforesaid, which report shall be made in writing under the hands and seals of the said Commissioners or any two of them and filed within 30 days after their first meeting as aforesaid, together with their appointment, with the Clerk/Administrator of the City, there to remain of record, and the said Clerk/Administrator shall lay said report before the Council at their next meeting thereafter, which report or a copy thereof, certified by said Clerk/Administrator, shall at all times be considered as plenary evidence of the power of said Council to enter upon, take and use said land or real estate, the City Treasurer first tendering to the owner or owners thereof if resident in this state the amount so awarded to said owner or owners, or of the said owner or owners to recover the amount of said valuation, with interest and costs in an action of debt, in any court of competent jurisdiction in a suit to be instituted against said City, if they shall refuse or neglect to pay the same for 30 days after demand made of the Treasurer of said City, but if any such owner is not a resident of said City or upon due inquiry cannot be found therein or is a lunatic or idiot or under age, or if from other lawful cause he is incapacitated to receive the same, or if such owner will not accept the same and sign a proper receipt therefor when tendered, then the said Treasurer shall make an affidavit of such facts and file the same with the Clerk/Administrator; and the said Council shall, after inquiry into the facts of the case, cause the amount to be kept in the treasury or invested on good security for the use of the person to whom it may be due, and the said moneys shall be paid by the City to the person or persons entitled thereto, provided always that should either or any of the parties feel himself, herself or themselves aggrieved by the decision of the Commissioners aforesaid, he, she or they may appeal to the next Circuit Court in the County of Gloucester.
And be it enacted that every appeal from the decision of the Commissioners appointed as aforesaid shall be made in writing and in the form of a petition to said Court and filed with the Clerk of said Court, and notice in writing of such appeal shall be given to the opposite party within 10 days after the filing thereof, which proceedings shall vest in said Circuit Court full right and power to hear and adjudge the same and to direct a proper issue for the trial of said controversy to be formed between the said parties and to order a jury to be struck and a view of the premises to be had and the issue to be tried at the next term of said Court upon the like notice and in the same manner as other issues in the said Court are tried; and it shall be the duty of the said jury to assess the value of the said land and real estate and the damages sustained and if it shall find a greater sum than the Commissioners have awarded in favor of said owner or owners, then judgment thereon with costs shall be entered against said City and execution awarded therefor; but if the said jury shall be applied for by the owner or owners and shall find a less sum than the said Commissioners shall have awarded, then said costs shall be paid by said applicant or applicants and either deducted out of said sum found by the said jury or execution awarded therefor as the said Court shall direct; but such application shall not prevent the said City from taking said land and real estate upon the filing of the report of said Commissioners.
And be it enacted that it shall and may be lawful for said Council to make and establish ordinances and regulations for the paving, macadamizing, graveling and guttering of the streets, avenues and roads of said City, by the owners of lots fronting on said streets, and to prescribe the manner in which the same shall be done, and in case any owner or owners of lot or lots fronting on any street which may be ordered by the Council to be paved, macadamized, graveled or guttered shall fail to comply with the requirements of any ordinance or regulation of the Council for such purposes and shall fail or neglect to pave, macadamize, gravel or gutter that portion of said street, avenue or road lying and being in front of his, her or their lot or lots for the space of two months after the same shall be ordered to be done, then it shall be lawful for the said Council to cause the same to be done and paid for out of any moneys in the hands of the Treasurer of said City; and the amount so paid and expended for the paving, macadamizing, graveling or guttering in front of any such lot or lots shall be and remain a lien on said lot or lots from the time of the completion of such work until paid or otherwise satisfied; and the said Council may, in the name of the Treasurer of said City, for the use of said City, sue for and recover the amount so paid and expended, together with interest and costs, from the owner or owners of such lot or lots or his, her or their legal representatives in an action of debt in any court having jurisdiction, provided that whenever any street, avenue or road shall be paved, macadamized, graveled or guttered either in whole or in part by the owner or owners of lots on said street, avenue or road, the same shall thereafter be maintained and kept in repair at the cost and expense of said City.
And be it enacted that it shall and may be lawful for said Council to make and establish ordinances and regulations for the grading, curbing, paving, flagging, graveling or planking of any sidewalk in any street or streets or part of a street in said City by the owners or occupants of lots fronting on or adjoining such street or streets or part of a street, and to prescribe the manner in which and the material with which the same shall be done, provided that whenever there shall be in said City farmland and unimproved lots and enclosures other than building lots having a continuous frontage of 400 feet or more on any such street or streets or part of a street, the said Council may by ordinance provide that 1/4 of said sidewalk shall be graded, paved, curbed, flagged, graveled or planked at the expense of said City, and provided further that said sidewalk shall thereafter be kept in repair at the owner's expense.
And be it enacted that if any owner or owners or occupant of any lot or lots in front whereof the sidewalks shall by such ordinance be directed to be graded, paved, curbed, flagged, graveled or planked, shall refuse, neglect or fail to comply with the requirements of such ordinances or regulations within two months from the passage thereof, it shall be lawful for the said Council to cause the same to be done and paid for out of any moneys in the hands of the Treasurer of said City; and the amount so paid and expended as aforesaid for the grading, paving, curbing, flagging, graveling or planking of any sidewalk in front of lot or lots shall be and remain a lien on said lot or lots from the time of the completion of such work until paid or otherwise satisfied; and the said Council may, in the name of the Treasurer of the said City, for the use of said City, sue for and recover the amount so paid and expended, together with the interest and costs, from the owner or owners of such lot or lots, his or their legal representatives in an action of debt in any court of this state having jurisdiction; provided, however, that no owner or owners or occupant of any lot or lots shall be compelled to grade, curb or pave more than 40 consecutive feet of the said walk fronting on such lot in any one year.
And be it enacted that the said City of Woodbury shall be subject to its just and equitable proportion of all debts and liabilities to which the inhabitants of the Township of Deptford, in the County of Gloucester, are subject at the time this Act shall take effect, and be entitled to its just and equitable proportion of the money and other property belonging to the inhabitants of said township at the time aforesaid, which said debts and liabilities and also said money and property shall be divided between the said City of Woodbury and the said Township of Deptford in proportion to the taxable property and ratables as taxed by the Assessor of said township at the last assessment made before this Act takes effect, within the respective limits of said township and said City as established by this Act; and any money or property to which the said City may be so entitled shall be applied by the Council of said City to the use of said City.
And be it enacted that three members of the Township Committee of said Township of Deptford and a committee of three of the Council of the said City of Woodbury to be selected by said Council shall meet on the first Monday in April in the year 1871 at the Courthouse in Woodbury at 10:00 a.m. of said day and shall then and there or as soon thereafter as may be proceed to allot and divide between the said township and the said City the assets and liabilities of said township in the manner prescribed in the preceding section, and the said Township of Deptford and the said City of Woodbury shall be liable to pay their respective proportions of the debts due by said Township of Deptford at the time this Act shall go into effect as allotted and divided as aforesaid, and the said committee or a majority of each of them shall make under their hands and seals a full, true and complete report of their proceedings and file the same forthwith in the office of the Clerk of the County of Gloucester, which said report or a certified copy thereof shall be plenary evidence of the allotment and division aforesaid; and in case any of the members of said committees shall neglect or refuse to meet as aforesaid, those who do meet may proceed to make said allotment and division and the decision and report of a majority of each committee present shall be final and conclusive, provided that it shall be lawful for said joint committee to adjourn from time to time as a majority shall determine.
And be it enacted that the said City of Woodbury shall constitute the First Election District of the Township of Deptford and that part of the township outside of the boundaries of said City shall constitute the Second Election District of said Township of Deptford, but that it shall and may be lawful for the inhabitants of said Second Election District of said township to hold their town meetings and elections at any place within the said City of Woodbury as they shall from time to time order and direct, provided that the part of the Township of Deptford outside of the boundaries of said City shall pay no part of the expenses incurred by the City government nor shall said City pay any part of the expenses of said township incurred after this Act shall take effect, except the payment of damages to sheep as provided for in Subsection J of § C-241 of this Act; and provided further that the inhabitants of the said City constituting the First Election District shall not participate in the town meetings of the said Township of Deptford.
And be it enacted that it shall and may be lawful for the said City to receive from the Woodbury Fire Association all the property of said Association whenever the said Association at a meeting called for the purpose shall determine by a majority of its members present to transfer such property, and upon such transfer being made and acceptance by the Council of said City, all the debts and liabilities of said Association shall be assumed and the same be paid and satisfied by said City.
And be it enacted that the keeper of the jail of the County of Gloucester shall receive and safely keep all such offenders as shall be committed to the said jail by the Mayor or any Justice of the Peace of the said City for the term of his, her or their imprisonment as expressed in the warrant of commitment or that may be brought to him by the Mayor, Marshal or policemen of said City for safekeeping until a hearing can be had, said hearing to be had within 24 hours or said offender discharged, and all the expenses of keeping said offenders in said jail shall be home and paid by the said County of Gloucester.
And be it enacted that upon the trial of any issue or upon the judicial investigation of any fact, to which issue or investigation the Mayor and Council of the City of Woodbury are a party or in which they are interested, no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant 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 said person to plead the general issue and to give this Act and the special matter in evidence at the trial.
And be it enacted that all legacies, bequests, assets and property of any kind belonging to or held in trust by the Borough of Woodbury shall from and after the passage of this Act belong to the said City of Woodbury; and all debts and liabilities due and owing by said Borough of Woodbury shall be assumed and paid and discharged by said City of Woodbury.
And be it enacted that all acts and parts of acts inconsistent with the provisions of this Act be and the same are hereby repealed.
And be it enacted that this Act shall be and is hereby declared a public act and shall take effect on the second day of January, 1871.