Section 1st - Be it enacted by the Senate and General Assembly of the State of New Jersey, That all that part of the Township of Oxford contained in the following limits, to wit: Beginning at the mouth of the Pophandusing Creek, and running thence (1) up said creek to where the line between George W. Scranton's farm and Jacob Shoemaker's farm crosses the same; thence (2) in a straight line, in a northeasterly direction along said line, between Scranton and Shoemaker, and until said straight line, strikes the middle of the road running from Belvidere and Oxford road past Philip Miller's to the upper Pequest bridge; thence (3) in a straight line to the middle of said bridge; thence (4) in a straight line to the northeast corner of Theodore S. Paul's lands, being a corner between him and Able Young; thence (5) in a straight line along the lines between Able Young's lands on the one side, and Theodore S. Paul's lands and Doctor George Green's lands on the other, to the Delaware River; thence (6) down the said River to the place of beginning, shall be and hereby is erected into a borough and town corporate, which shall be called and known by the name of the "Town of Belvidere," and the inhabitants thereof shall be and hereby are incorporated by the name of the "Inhabitants of the Town of Belvidere," and by that name they and their successors forever shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, 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 the public use of said corporation.
Section 2d - The said corporation, in addition to the rights, privileges and immunities granted, and the duties and obligations imposed by this act, shall be entitled to all the rights, privileges and immunities conferred, and subject to all the duties, restrictions and liabilities imposed by the laws of this State upon the inhabitants of the several townships thereof, so far as the same are consistent with the provisions of this act.
Section 3rd - The Inhabitants of the Town of Belvidere, qualified by law to vote at the town meetings, shall hold a town meeting at the Court House, in Belvidere, on the second Monday in April next, at ten o'clock in the forenoon, and on the second Monday of April in every year thereafter, at the same hour, and at such place in said Town as the electors thereof at their annual town meetings shall from time to time direct and appoint, which meeting and such other town meetings as may from time to time be convened, shall be organized and conducted in the same manner as such meetings in the townships, and the officers thereof shall possess the same powers and be subject to the same duties and restrictions, unless where otherwise provided by this act.
Section 4th - At such annual town meetings the citizens of said town, qualified to vote as aforesaid, shall elect by ballot the following officers, all of whom shall be residents in said town, to wit: One Mayor, who shall be a Freeholder in said town; six Common Councilmen, who shall have the same qualifications as are required for members of a township committee; and two Inspectors of Elections, all of whom shall hold their respective offices for one year, and until others are chosen and legally qualified in their stead, one Clerk, one Assessor, one Collector, one Judge of Election, two Chosen Freeholders, two Surveyors of the Highways, one or more Constables, as many Overseers of the Highways and Pound Keepers as the Inhabitants of the Town shall deem necessary or convenient, and as many Justices of the Peace as the Inhabitants of the Town may at the time be entitled to elect; all of whom shall possess the same qualifications, take the same oath or affirmation, give the same securities for the performance of their respective duties, hold office for the same time, and in all respects have the same powers, privileges, rights and jurisdiction, perform the same duties, and be subject to the same restrictions, liabilities and penalties as the like officers elected by any township in this State, unless where otherwise directed by this act but in cases where the word "Township" is in the form of any oath or affirmation, bond or obligation, or in any other form prescribed by law, the "Town" shall be substituted.
Section 5th - The first election of town officers shall be held by the persons chosen by the voters present to preside at or superintend the town meeting, and two Inspectors of Election, who together with a Clerk of the meeting, shall be chosen in the same manner, and all subsequent elections, by the Judge of Election and Inspectors of Election of said town, a majority of whom shall determine all questions respecting the right of voting at such elections, and the name of each person voting shall be recorded by the Town Clerk, in a poll list kept for that purpose; each voter shall give a single ballot, designating the names of the person for whom he votes for each office respectively. Each ballot may contain the name of one person for Mayor, of three for Common Councilmen, of one for Clerk, of one for Assessor, of one for Collector, of one for Judge of Election, of one for Inspector of Election, of one for Chosen Freeholder, of one for Surveyor of the Highways, of one for Pound Keeper, and of one for Justice of the Peace, (when justices are to be elected), and no more, provided that when more than two are to be elected to the office of Constable, Overseer of the Highways, Pound Keeper, Justice of the Peace, or to any town office, if the number to be elected is an even number, the ballot may contain half the number of names for such offices, and if any odd one, then one more than half the number, and no more. The polls shall be kept open at least four hours, and not more than eight hours; and when the polls are closed the votes shall be counted, and the number received by each person for each office certified by the Judge and Inspectors, or a majority of them, and the Clerk, and the several persons having a plurality of vote for each office respectively, to the number to be elected for each, shall be declared to be elected; and in case any of the officers whose duty it is to hold or assist at such elections shall be absent, or a vacancy occur from any cause, the place of such officer or officers may be supplied in the same manner as vacancies in such offices are supplied at elections for State and County officers, provided that the Judge and Inspectors, or any person or persons acting as such, shall severally, before they proceed to receive any votes, take an oath or affirmation faithfully and impartially to execute the duties and services required of him by law, in said election, and not to receive or assent to receive the vote of any person who is not duly qualified to vote, agreeable to the restrictions and provisions prescribed by law, and the Clerk or person acting as such shall in a like manner take an oath or affirmation, faithfully and impartially to serve as Clerk of such Election, and execute the duties and services required of him by law; which oaths or affirmations the said Judge, Inspectors and Clerk are hereby authorized and required to administer to each other in a public manner.
Section 6th - If the Inhabitants of said Town fail or neglect, at their annual town meeting, to choose any of the officers required to be chosen, or if any of the officers chosen shall die, remove out of town, refuse to serve, or become incapable of serving, the vacancies may be supplied by elections held in the manner directed in the preceding section, at town meetings to be called for that purpose, in the same manner as in townships, and in case of the neglect of the electors for fifteen days after such failure or omission to choose, or after the death, removal, refusal or inability of any such officer, (Justices of the Peace excepted), the Common Council shall, by writing, under their hands and seals, appoint suitable persons to fill such vacancies, and the persons so elected or chosen to fill such vacancies shall, during the remainder of the term of said office, possess the same power and privileges, and be subject to the same laws, rules and regulations as such officers elected at the annual town meeting.
Section 7th - The Mayor and Common Councilmen shall constitute the Common Council of said Town, and the said Common Council shall meet at such time and place as the Inhabitants of the Town, at their annual town meetings, may designate, or the said Common Council may, by their by-laws, appoint; and special meetings of the Common Council may be called by the Mayor, or by any three members, by giving such notice as the by-laws may require. At a meeting of the Common Council the Mayor shall preside, but in his absence the other members may appoint any one of their number chairman 'pro tem'. Four members shall constitute a quorum to do business, and each member present shall be entitled to a vote. The said Common Council and its members, collectively and individually, shall possess the powers and perform the duties which by law belong to or are imposed upon the Township Committees, the Commissioners of Appeal in cases of taxation, and School Committees of the township, the members of each collectively and individually, when performing the duties which belong to the said township committees, and Commissioners of Appeals in cases of taxation, or School Committees, shall receive the compensation allowed by law for the performance of such duties, but shall not be allowed compensation in more than one character for any day's service, and they shall be entitled to no pay or compensation for services as members of the Common Council, except for their actual and necessary expenses in the discharge of their duties.
Section 8th - It shall and may be lawful for the said Common Council, but not less than four concurring votes, to pass and enforce all such by-laws and ordinances as they shall judge proper, for regulating, cleaning and keeping in repair the streets, sidewalks, highways and public alleys in said town, preventing and removing all obstructions and encroachments in and upon the same, preventing immoderate riding or driving through the streets, and the riding or driving on the sidewalks, for regulating and preventing the running at large of cattle, horse, sheep, goats, swine and geese, and imposing a reasonable tax on owners and possessors of dogs, for preventing, abating and removing nuisances, for lighting the streets, for preventing and restraining riots, routs, disturbances, disorderly assemblages, noisy, disorderly or indecent conduct and drunkenness, suppressing disorderly or gambling houses and groggeries, and for suppressing vice and immorality, for graveling and paving streets and sidewalks, for protecting shade and ornamental trees on the streets, highways and public ground, for protecting public property and property belonging to the corporation, for providing a supply of water and preventing and suppressing fires, for regulating and prescribing the duties of fire engineers and firemen, which engineers and firemen shall be exempt from serving as jurors in the courts for the trial of small causes, and in the militia in time of peace, and after serving ten years successively as firemen shall be exempt from duty as such and also remain exempt from serving as jurors in said courts, and in the militia in times of peace; for compelling the cleaning of chimneys; for regulating and preventing the carrying on of dangerous or obnoxious manufactories; for appointing watchmen and prescribing their powers and duties, and regulating the police of the town; for establishing and regulating public pounds; for restraining vagrants, mendicants and street beggars; for establishing and regulating public markets, and such other by-laws and ordinances, for the peace and good order of said town, as they deem expedient, not repugnant to the constitution or laws of this State or of the United States, and to enforce the observance of all such by-laws and ordinances, by enacting penalties for the violation thereof, either by imprisonment not exceeding seven days, or by fine not exceeding fifty dollars, recoverable with costs, in an action of debt, in the name of the treasurer of the town of Belvidere, for the use of the inhabitants of the town of Belvidere, without specifying the individual name of the treasurer, for the time being, before any Justice of the Peace residing in said town, or in the Township of Oxford, which action it shall be lawful to declare generally in debt, for such penalty, and give the special matter in evidence; and further, the said Mayor and Justices of the Peace of said town are hereby constituted and declared to be conservators of the Peace for the same, and each of them is authorized and empowered to enforce the penalty of imprisonment for violation of the laws and ordinances passed as aforesaid by warrant under his hand and seal, directed to the Keeper of the Warren County Jail, who is hereby authorized and required to receive and safely keep the prisoners so committed; but the costs and expenses of committing and keeping such persons shall be paid by said corporation. And every person thinking himself aggrieved by the decision of such Mayor or Justice of the Peace may immediately appeal to the Common Council, who are hereby required to hear the cause of complaint, and do therein what to them shall appear just and reasonable, provided always that each and every by-law and ordinance so passed as aforesaid, shall be published for the space of twenty days, in at least one newspaper published and circulated in said town, before such by-law or ordinance shall go into effect; and provided also, that no such ordinance or by-law be enacted or passed, unless the same shall have been introduced before the common council at a previous meeting.
Section 9th - Whenever a majority in number of the persons owning property, in any district of the town subject to injury from overflow of water, who also are owners of the greater part in value of said district, shall deem it necessary to protect the same by embankment or other fixtures, or a majority in number of the persons owning any block or side of a square, who are also owners of the greater part in extent and value of the said block or side of a square, shall desire to have the sidewalk in front of the same paved, flagged or graveled, or the majority in number, who shall also be owners of more than one half in value of any particular district or locality, shall desire to have any improvement which the Common Council are authorized to make, for the benefit of such particular district or locality, and shall make application in writing, under their hands to the Common Council, the said Common Council may appoint three competent and disinterested citizens of the town to examine the property to be protected or benefited by such embankments, sidewalk or other improvements, and assess the proportion of the expense to be borne by each owner thereof, in proportion to the benefit to them respectively; and if after such assessment is made, a majority in number of the owners of said property, who are also assessed for more than half the expenses, shall declare to the Common Council, by writing under their hands, that they desire such embankment, sidewalk or other improvement to be made, the said Common Council, or a majority of them, may cause the same to be made, and the expense thereof, together with all necessary charges, to be assessed upon the owners of the property benefited thereby, in the proportion aforesaid; and the amount so assessed on each shall be a legal lien and incumbrance upon the property so benefited until paid, and may be recovered with costs against such person in any court of record having jurisdiction thereof, by action of debt, in the manner directed in the eighth section of this act; or the said Common Council, after giving at least one month's notice in writing to such person, or if the owner be unknown or cannot be found then after giving at least one month's notice, by advertisement in one of the newspapers published in the town, may sell the use of said property for a term of years not exceeding ten, to pay such assessment, together with the necessary costs, charges and expenses.
Section 10th - Upon the trial of any issue, or upon the judicial investigation of any fact, in which the said corporation is a party, or in which it is interested in any way, no person shall be deemed an incompetent witness or juror by reason of being an inhabitant or Freeholder of said town; and if any person shall be used 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 to give this act the special matter in evidence at the trial.
Section 11th - The Mayor and Common Councilmen shall each, before entering upon the duties of their offices, take and subscribe an oath or affidavit, before a Justice or Commissioner of the Supreme Court, or a Judge of the Court of Common Pleas, or a Justice of the Peace, of the County of Warren, faithfully and impartially to execute the duties of his office, which oath shall be filed and kept by the Town Clerk.
Section 12th - The Mayor of the said Town of Belvidere is hereby authorized and empowered to administer oaths and affirmations in all cases where they are directed to be taken before him, or are prescribed by law, without designating before what officer, or are necessary and proper in the discharge of his duties; and the said Mayor may authorize and require the Constables of the Town to execute all warrants or other process issued by him, in the discharge of his duties, under the same liabilities and penalties as said Constables are subject to in case of warrants or other process issued by a Justice of the Peace.
Section 13th - The Common Council shall choose annually a suitable person for Treasurer, who shall serve until his successor is appointed and sworn into office, whose duty it shall be to demand and receive all moneys and other property belonging to or due or owing in any way to said corporation from collectors or other officers or persons who may have collected or received, or who may hold the same, and safely to keep the same, and all vouchers thereof, to pay out said moneys on the warrants of the Common Council, to account to the Common Council for the same, and at the expiration of his term of office to pay over and deliver to his successor all such moneys, property and vouchers thereof as may be in his hands, and at least once in each year, to make out a full and true account of all moneys raised or received by tax or otherwise for the use of said corporation, and of the application and expenditures of the same, and deliver said account to the Town Clerk, at least ten days previous to the town meeting, and the said Clerk shall file the same in his office, and cause a copy thereof to be published in one or more newspapers, published and circulated in said town at least five days previous to said meeting, and the accounts of the Treasurer shall at all times be subject to examination by the Common Council, who, in case of defaults or violation of duty, may remove him from office and appoint another in his stead, for the remainder of the year, and until a successor is appointed and sworn into office.
Section 14th - Such Treasurer, whenever appointed, shall execute a bond to "The Inhabitants of the Town of Belvidere," in such a sum and with such securities as the Common Council shall approve, conditioned for the faithful performance of the duties of his office, and shall also take and subscribe an oath or affirmation, before the Mayor, or before a Judge of the Court of Common Pleas or a Justice of the Peace of Warren County, faithfully to perform said duties, which oath shall be filed and kept by the Town Clerk.
Section 15th - The Clerk of said Town, besides performing the duties required by law of a Clerk of the Township, unless when otherwise directed by this act, shall also be Clerk of the Common Council, and shall keep an exact and true record of the votes and proceedings, and of all by-laws and ordinances passed by the said common council, which record shall, at all reasonable and proper times, be open to the inspection of any inhabitant of said town, on the payment of a fee of ten cents to the clerk; provided that in case of the absence of the clerk from any meeting of the common council, the members may appoint any one of their number clerk 'pro tem', who shall in like manner, keep an exact record of their proceedings, and sign his name thereunto.
Section 16th - It shall be lawful for said common council to pay unto the treasurer, clerk and other officers and agents of the town, such compensation for their services as the said common council shall deem reasonable and proper.
Section 17th - The said common council, or a majority of them in common council meeting, shall have the sole, only and exclusive right and power of licensing and assessing every inn-keeper, and retailer of spirituous liquors in said town, subject to the same provisions, and in like manner as the same is or may be lawfully done by the Courts of Common Pleas in this State.
Section 18th - The citizens of said town qualified to vote at town meetings, shall be and are hereby empowered at their annual town meetings, or at any other meetings duly held for the purpose, to vote, grant and raise such sum or sums of money for the purposes for which the townships in the State are authorized to vote, grant and raise the same, and for such other purposes as are in this act specified, as the majority then so assembled shall deem necessary and proper, which votes may be by ballot or otherwise as such majority may from time to time determine; and the money so voted and granted shall be assessed, (except as hereinafter mentioned) levied and collected with the State and County taxes, by the proper town officers, in the same manner and under like fees, fines and penalties as in the township; and such fees, fines and penalties shall, when recovered, be paid to the Treasurer of the town, for the use of said town; provided that all the taxes assessed and levied for town purposes-exclusive of schools and purposes of education-shall not in any year exceed one mill on the dollar, of the assessed value of the property in the town, and that all sums voted, granted and raised for schools and purposes of education, one-half shall be assessed in the same manner as taxes for other town purposes, and the remaining half shall be assessed by an equal capitation tax upon all persons subject to assessment and taxation in said town.
Section 19th - The said town shall be entitled to its just proportion of the school fund of the State, to be ascertained in the manner in which the quotas of the townships are or may be ascertained, which shall from time to time be paid over to the Treasurer of the town, or such other person as the Common Council may authorize to receive it, and applied under the direction of the Common Council, in the manner prescribed by law. The said town shall also be subject to its just and equitable proportion of all debts and liabilities to which the Inhabitants of the Township of Oxford, in the County of Warren, are now subject, and be entitled to its just and equitable proportion of money and property now belonging to the Inhabitants of the Township of Oxford, in the County of Warren; which said debts and liabilities, and also said money and property, shall be divided between the said Town of Belvidere, and the said Township of Oxford, in proportion to the taxable property and valuables taxed by the assessor at the last assessment, within the respective limits of the said town and township, as established by this act; and any money or property to which the said town may be entitled, shall be applied under the supervision of the Common Council, for the purpose and in the manner for which they are now authorized to be used by said township; and the said town shall also be entitled to receive its just quota of the proceeds of the surplus revenue apportioned to the State of New Jersey, in the same manner as the several townships of Warren County.
Section 20th - The Town of Belvidere shall constitute one election ward, and all elections hereafter held for the officers of the County of Warren, of the State of New Jersey, and of the United States, shall be held within said town, at the place appointed by the Inhabitants for the next annual town meeting; and every resident in said town, entitled to vote at such election, shall give his vote in said town, and not elsewhere; at all such elections, the Judge of Elections, the two Inspectors of Election and Clerk, chosen as aforesaid, shall respectively be Judge of Elections, Inspectors of Elections and Clerk, and in case of the absence or incapability to act, of any of them their places shall be supplied in the manner prescribed by law, and they and each of them, or the persons appointed to act in their places, shall possess the powers, perform the duties and be subject to the provisions of the laws regulating such elections.
Section 21st - The Inhabitants within the bounds of the contemplated Town of Belvidere, qualified to vote at any town meeting, shall hold an election on the first Monday of April next, at ten o'clock in the forenoon, at the Court House, in Belvidere; and the people so assembled at ten o'clock on said day, shall proceed and choose a Judge or Judges of said Election, who shall keep the poll open until the hour of three o'clock p.m.; and in case the majority of the votes cast, be in favor of the said town of Belvidere being incorporated, then this act shall go into immediate effect, and shall be deemed, taken and referred to as a public Act, in all courts and places, by all persons; but the legislature may at any time hereafter, alter, modify, amend or repeal the same, whenever in the judgment of the legislature, such alteration, modification, amendment or repeal, shall be required for the public good.