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.