Be it enacted by the Senate and General Assembly of the State of New Jersey that all that part of the Township of Alexandria, in the County of Hunterdon, contained within the following limits: beginning at the mouth of the Big Nississackaway Creek in the River Delaware, at the corner dividing the Townships of Alexandria and Kingwood, in the boundary line between the State of New Jersey and the Commonwealth of Pennsylvania, thence up said Nississackaway Creek, on the line between said Townships of Alexandria and Kingwood to a corner to lands of William H. Plum in Garret Lair's line, thence in a northwesterly direction along the division line between lands of said William H. Plum and Garret Lair to the public road leading from Frenchtown to Everittstown, thence in a westerly direction, on the line between lands of said Garret Lair and Benjamin Everitt, to a corner to lands of Lewis Apgar and Henry Rodenbough, thence still in a westerly direction on the line between lands of said Garret Lair and said Apgar and Rodenbough to a corner to lands of Gabriel H. Slater and Samuel B. Hudnit, in the public road leading from Frenchtown to Milford, thence still in a westerly direction on the line between lands of said Apgar and Rodenbough and said Slater and Hudnit, and crossing the track and land of the Belvidere Delaware Railroad Company, New Jersey and the Commonwealth of Pennsylvania, in the River Delaware, thence down said river, on the line between said state and commonwealth to the place of beginning, shall be and hereby is erected into a borough or town corporate, which shall be called and known by the name of the "Borough of Frenchtown," and the inhabitants thereof shall be and hereby are incorporated by the name of the "inhabitants of the Borough of Frenchtown," 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 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.
[Approved 4-4-1867]
And be it enacted that 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.
And be it enacted that the inhabitants of the Borough of Frenchtown qualified by law to vote at Town Meetings shall hold a Town Meeting at the National Hotel, in Frenchtown, on the second Monday of April next, at 10:00 a.m., and on the second Monday in April in every year thereafter, at the same hour, at such place in said borough as the electors thereof, at their annual Town Meetings, shall, from time to time, direct and appoint, which meetings, 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, except where otherwise provided by this Act.
And be it enacted that at such annual Town Meetings the citizens of said borough qualified to vote as aforesaid shall elect by ballot the following officers, all of whom shall be residents in said borough: one Mayor and Six Common Councilmen, who shall be freeholders of said borough, 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 Judge of Election, one Assessor and one Collector, who shall be Inspectors of the Elections; one Town Superintendent of Public Schools, one Chosen Freeholder, two Surveyors of the Highways, three Commissioners of Appeal in cases of taxation, one or more Constables, one or more Overseers of the Poor, as many Overseers of the Highways and Poundkeepers as the inhabitants of the borough shall deem necessary and as many Justices of the Peace as the inhabitants of the borough may, at any time, be entitled to elect, all of whom shall take the same oath or affirmation, give the same security for the performance of their respective duties, hold office for the same time and in all respects to 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, except where otherwise directed or provided by this Act; but in all cases where the word "township" occurs in the form of any oath or affirmation, bond or obligation or in any other form prescribed by law, the word "borough" shall be substituted.
And be it enacted that the first election of borough 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 for such meeting, shall be chosen in the same manner; and all subsequent elections shall be held by the Judge of Elections and the Assessor and Collector, who shall be Inspectors of the Elections of said borough, 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 Borough Clerk in a poll list except for that purpose; each voter shall give a single ballot designating the names of the persons for whom he votes for each office respectively; the polls shall be kept open until sunset, 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, attested by the Clerk, and the several persons having a plurality of votes for each office, respectively, shall be declared to be elected; and said Board of Election shall, in all things conform to the laws of this state regulating elections.
And be it enacted that if the inhabitants of said borough fall 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 the borough, 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 the purpose in the same manner as in the townships, and in case of the neglect of the electors for 15 days after such failure or omission to choose or after the death, removal, refusal or inability of any such officers, 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, chosen or appointed to fill such vacancies shall, during the remainder of the term of said officers, possess the same powers and privileges and be subject to the same laws, rules and regulations as such officers elected at the annual Town Meetings.
And be it enacted that the Mayor and Common Councilmen shall constitute the Common Council of said borough, and said Common Council shall meet at such times and places as the inhabitants of said borough at their annual Town Meetings may designate or said Common Council may by its bylaws 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 bylaws may require; at the meetings of the Common Council, the Mayor shall preside, but in his absence the other members may appoint any one of their number Chairman Pro Tempore; four members shall constitute a quorum for the transaction of business, and each member present shall be entitled to a vote; 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 of the townships in the County of Hunterdon, and when performing the duties which belong to said Township Committees shall receive the compensation allowed by law for the performance of such duties; but they shall not be entitled to any pay or compensation for their services as members of the Common Council, except for their actual and necessary expenses in discharge of their duties.
And be it enacted that the Mayor and Common Councilmen shall each, before entering upon the duties of his office, take and subscribe an oath or affirmation before a Justice or Commissioner of the Supreme Court or a Judge of the Court of Common Pleas or Justice of the Peace of the County of Hunterdon, faithfully and impartially, to execute the duties of his office, which oath shall be filed and kept by the Borough Clerk.
And be it enacted that the Mayor, for the time being, shall have all the powers, functions and authority of a Justice of the Peace of the State of New Jersey, under the laws of this state, within the corporate limits of said borough; and all writs, precepts and process issued by him shall be directed to one of the Constables of said borough, who are hereby authorized and required to serve the same, provided that nothing herein contained shall be construed to authorize the Mayor to exercise the powers and perform the duties of a Justice of the Peace, under the Act entitled "An Act Constituting Courts for the Trial of Small Causes."
And be it enacted that it shall and may be lawful for said Common Council, by not less than four concurring votes, to pass and enforce all such bylaws and ordinances as it shall judge proper for regulating, cleaning and keeping in repair the streets, sidewalks, highways and public alleys in said borough, preventing and removing all obstructions and encroachment in and upon the same, preventing immoderate riding or driving through the streets and riding or driving on the sidewalks; for regulating and preventing the running at large of cattle, horses, sheep, goats, swine and geese; for preventing, abating and removing nuisances; for prohibiting the retail of malt liquors; for imposing a tax on the owners or possessors of dogs and bitches; for lighting the streets; for preventing and restraining riots, routs, disturbances, disorderly assemblages, noisy, disorderly or indecent conduct and drunkenness; for 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 grounds; for protecting public property and property belonging to the corporation; for providing a supply of water and preventing and suppressing fires; for compelling the cleaning of chimneys; for regulating and prescribing the duties of fire engineers and firemen; for regulating or preventing the carrying on of dangerous or noxious manufactures; for appointing watchmen and prescribing their powers and duties and regulating the police of the borough; for establishing and regulating public pounds; for restraining vagrancy, mendicants and street begging; for establishing and regulating public markets; and such other bylaws and ordinances for the peace and good order of said borough as they may 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 bylaws and ordinances by enacting penalties for the violation thereof, either by imprisonment not exceeding 30 days or by fine not exceeding $100, recoverable, with costs, in an action of debt, in the name of the Treasurer of the Borough of Frenchtown, without specifying the individual name of the Treasurer for the time being, before any Justice of the Peace residing in said borough or in either of the Townships of Alexandria or Kingwood, in which action it shall be lawful to declare generally in debt for such penalty and give the special matter in evidence; and further, said Mayor and Justices of the Peace in said borough 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 violations of the laws and ordinances, passed as aforesaid, by warrant, under his hand and seal, directed to the keeper of the Hunterdon County Jail or keeper of the borough prison of said borough, who is hereby authorized and required to receive and safely keep the person so committed; but the costs and expenses of committing and keeping such person 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 is hereby required to hear the cause of complaint and to do therein what, to them, shall appear just and reasonable; provided, always, that each and every bylaw and ordinance so passed as aforesaid shall be published in at least one newspaper printed and published in the County of Hunterdon and circulating in said borough at least three weeks successively, once a week, and also posted up in three of the most public places in said borough for the space of 20 days before such bylaw or ordinance shall go into effect; and provided, also, that no such bylaw or ordinance shall be enacted or passed unless the same shall have been introduced before the Common Council at a previous meeting.
And be it enacted that it shall and may be lawful for the Common Council to appoint special constables to hold their offices respectively during the pleasure of the Common Council and to prescribe their duties, powers and compensation and to pass laws and ordinances enacting that the penalties for the violation of any of the laws and ordinances of said borough may be enforced by information and summary conviction before the Mayor or Justices of the Peace of said borough or upon the view of said Mayor or Justices; and said Mayor or Justices, upon information given upon oath or affirmation, may issue a warrant or warrants for the apprehension of any offender or offenders, upon the return of which the same proceedings may be had as upon information and summons.
And be it enacted that the Common Council of said borough shall have the power and authority to build and maintain a borough prison, be properly and securely made for the detention and imprisonment of any person or persons who shall be arrested or committed for any breach of the bylaws or ordinances of said borough or for any breach of the peace or any offense against the laws of this state, and every warrant or process of commitment shall specify on its face whether the person committed shall be confined in such borough prison or in the jail of the County of Hunterdon.
And be it enacted that it shall be lawful for the Common Council of said borough, in Common Council convened, to make and establish ordinances and regulations for the leveling, grading and paving, flagging, planking or graveling of sidewalks in any street or streets in said borough by the owners of lots fronting on or adjoining such street or streets and to appoint one or more discreet and skillful person or persons, if necessary, to superintend said work and prescribe the manner in which the same shall be performed, and when any of said owners shall have fully complied with any such ordinances and regulations, he or they shall be entitled to receive out of the treasury of said borough 1/2 of the expense of said work as ascertained and reported to the Common Council by the person or persons appointed to superintend said work.
And be it enacted that if the owner of any lot in front whereof the sidewalk shall, by such ordinance or regulation, be directed to be leveled, graded and paved, flagged, planked or graveled shall neglect to comply with such ordinance or regulation within 40 days from its passage or adoption, it shall be lawful for said Common Council to cause an estimate of the expenses of conforming to such ordinance or regulation with respect to such lot to be made, assessed and certified by three Assessors to be appointed by said Common Council, which said assessment shall be examined and approved by the Common Council.
And be it enacted that 1/2 of the amount of the assessment or estimate to be made as aforesaid on any lot in said borough shall be and remain a lien thereon from the time of the completion and return of such estimate or assessment in the manner aforesaid until paid or otherwise satisfied; and it shall be lawful for the Common Council, if it shall see fit, in case the owner of any lot or any house and lot within said borough shall neglect as aforesaid to comply with such ordinance or regulation in respect to the sidewalks in front thereof, to cause the same to be done and paid for out of any moneys in the hands of the Treasurer of said borough and to sue for and recover, in the name of the Treasurer of the Borough of Frenchtown, for the use of the inhabitants of the Borough of Frenchtown, 1/2 of the amount so paid from the owner or owners of such lot, or his or their legal representatives, with interest and costs, in any court of this state having cognizance thereof in an action on the case, for so much money by it paid, laid out and expended to and for the use of such owner or owners or his or their legal representatives; and in every such action, said estimate or assessment, with the proof of the amount paid, shall be conclusive evidence for the plaintiff, and the other half of said assessment shall be paid out of the treasury of said borough.
And be it enacted that upon the trial of any issue or upon the judicial investigation of any fact in which said corporation is a part or in which it is interested in any way, no person shall be deemed an incompetent witness or juror by reason of his being an inhabitant or freeholder of said borough; and, if any person shall be sued or impleaded by reason of anything done by virtue of this Act, it shall be lawful for such person to plead the general issue and give this Act and the special matter in evidence at the trial.
And be it enacted that 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, except moneys for the support of public schools, erection of schoolhouses and purchase of lands for school purposes, and other property belonging to or due or owing in any way to said corporation from the Collectors and 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 therefor, to pay out said moneys on the warrant of the Common Council, to account to the Common Council for the same and, at the expiration of his office, to pay over and deliver to his successor all such moneys, property and vouchers therefor 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 and received by tax or otherwise for the use of said corporation and of the application and expenditure of the same and to deliver said account to the Borough Clerk at least 10 days previous to the annual Town Meeting; and said Clerk shall file the same in his office and cause a copy thereof to be published in one or more newspapers circulating in said borough or posted up in three of the most public places in said borough at least five days previous to said meeting, and the accounts of the Treasurer shall, at all times be subject to the examination of the Common Council, who in case of default 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.
And be it enacted that such Treasurer, whenever appointed, shall execute a bond to the inhabitants of the Borough of Frenchtown in such sum and with such sureties 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 Justice of the Peace of the County of Hunterdon faithfully to perform said duties, which oath shall be filed and kept by the Borough Clerk.
And be it enacted that is shall be lawful for the Common Council to pay unto the Treasurer, Clerk and other officers and agents of the borough such compensation for their services as said Common Council shall deem reasonable and proper.
And be it enacted that the Clerk of said borough, besides performing the duties required by law of the Clerk of a township, unless where otherwise directed by this Act, shall also be the Clerk of the Common Council and shall keep an exact and true record of the votes and proceedings and of all bylaws and ordinances passed by said Common Council, which record shall, at all reasonable and proper times, be opened to the inspection of any inhabitant of said borough, provided that, in the 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 Tempore, who shall, in like manner, keep an exact record of their proceedings and sign his name thereto.
Any be it enacted that said Common Council or a majority of it in Common Council convened shall have the sole and exclusive right and power of licensing and assessing every innkeeper, tavern keeper and retailer of spirituous liquors within said borough, 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; and said Common Council shall have the sole and exclusive powers of licensing all menageries or collections of wild beasts or animals and all circuses, plays or other shows and exhibitions whatsoever proposed to be performed or exhibited within the limits of said borough, which said power of licensing said Common Council may, by ordinance, delegate to the Mayor of said borough, and any such license may be granted on such terms and under and subject to such limitations and restrictions as said Common Council may, by ordinance, prescribe, and all moneys which may be derived from granting such licenses shall go to and for the use of said borough; and if any person or persons shall exhibit or be concerned in exhibiting or cause to be exhibited within the borough any matter of thing hereinbefore specified without having first obtained such license as aforesaid, he, she or they shall be proceeded against under and by virtue of the statute of this state entitled an "Act for Suppressing Vice and Immorality" approved April 15, 1846, or under and by virtue of the Act entitled an "Act to Regulate the Exhibitions of Beasts or Animals" approved April 15, 1846, as the case may require and whether such person or persons shall have obtained a license from any Justice or Justices of the Peace or not.
And be it enacted that the citizens of said borough qualified to vote at Town Meetings shall be and hereby are empowered at their annual Town Meeting or at any other meeting duly held for that purpose to vote, grant and raise such sum or sums of money for the purposes for which the townships in this state are authorized to vote, grant and raise the same, as the majority of them so assembled shall deem necessary and proper, which vote shall be by ballot; and it shall be lawful for the Common Council, from year to year, to vote and raise by tax such sum or sums of money as it shall deem necessary and proper, and the money so voted and granted shall be assessed and levied and collected with the state and county taxes by the proper officers in the same manner and under the like fees, fines and penalties and shall, when recovered, be paid to the Treasurer of the borough for the use of said borough, provided that all the taxes assessed and levied for borough purposes, exclusive of schools and purposes of education, and the payment of moneys heretofore borrowed by said township for the purpose of paying bounties to volunteers shall not in any year exceed five mills on the dollar of the assessed value of the property in the borough; and it shall be lawful for said Council to borrow money, from time to time, in the corporate name of said borough, for all purposes for which it is authorized by this Act to raise money by tax and to secure the payment thereof by bond, note or other instrument of writing, under the Common Seal of the borough and signature of the Mayor, provided that no loan shall be made without the concurrence of at least a majority of the Common Council and that there shall not be a greater sum than $1,000 raised by loan in any one year, and that said borough shall not owe over $2,000 at one time; and provided, further, that the tax assessed and collected upon the shares of the capital stock of the Union National Bank at Frenchtown and of the bridge over the Delaware River at Frenchtown held by and belonging to any person or persons residing in said Townships of Kingwood and Alexandria shall be paid by the Collector of said Borough of Frenchtown to the Collectors of said Townships of Kingwood and Alexandria, respectively, for the use of said townships, in proportion to the amount of said stock held and owned in each of said townships; and that the receipt of said several Collectors for their said respective proportions of said tax to said Collector of said Borough of Frenchtown shall be his sufficient vouchers and discharge for the same; and that his failure to pay the same as above directed upon demand made therefor shall be considered a breach of his official bond.
And be it enacted that said borough shall be entitled to its just proportion of the school fund of this state, to be ascertained in the manner in which the quotas in the townships are or may be ascertained, which shall, from time to time, be paid over to the Superintendent of Public Schools and applied under the direction of the Common Council in the manner prescribed by law; said borough shall also be subject to its just and equitable portion of all debts and liabilities to which the inhabitants of the Township of Alexandria, in the County of Hunterdon, are now subject and shall be entitled to its just and equitable proportion of the money and property now belonging to the inhabitants of the Township of Alexandria aforesaid, which said debts and liabilities and also said money and property shall be divided between said Borough of Frenchtown and said Township of Alexandria, in proportion to the taxable property and ratables, as taxed by the Assessor at the last assessment, within the respective limits of said borough and township as established by this Act; and any money or property to which said borough may be so entitled shall be applied under the supervision of the Common Council for the purpose and in the manner for and in which they are now authorized to be used by said township; and said borough 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 Hunterdon County.
And be it enacted that all paupers who may, when this Act shall take effect, be chargeable to the Township of Alexandria, shall thereafter be chargeable to and supported by either that township or the Borough of Frenchtown, as would have been the case had this Act been in force at the time said paupers, respectively, acquired the legal settlement by virtue of which they are to be supported.
And be it enacted that the Township Committee of the Township of Alexandria and a Committee of five to be appointed by the Common Council of the Borough of Frenchtown shall meet on the first Monday in May next at the inn or tavern in the Village of Mount Pleasant, in said township at 10:00 a.m. and shall then and there, or as soon thereafter as may be, proceed by writing signed by a majority of the members of each Committee to allot and divide between said township and said borough all the paupers of said township upon the principles laid down in the preceding section, and all the property and moneys on hand or due to or from said township in proportion to the taxable property and ratables within the respective limits of said township, as the same shall remain, and the part of said township hereby incorporated, as valued by the Assessor at the last assessment, and said Township of Alexandria and said Borough of Frenchtown shall be liable to pay their respective portions of the debts due by said township, as allotted and divided as aforesaid, and if any of the persons comprising either of said Committees should neglect or refuse to meet as aforesaid, those assembled may proceed to make said division, and the decision of a majority of those present of each Committee shall be final and conclusive, provided that it shall be lawful to adjourn said meeting, from time to time, as a majority of those assembled shall see fit.
And be it enacted that the inhabitants of the Borough of Frenchtown are authorized and empowered to create school districts and purchase and hold lands and build schoolhouses thereon within the limits of said borough and to elect a Superintendent and Trustees of Schools and to raise money for the support of schools and the erection of schoolhouses and to exercise all other powers in the establishment, regulation and support of schools within said borough in the same manner and as fully as the several townships in this state are now or hereafter may be authorized to do by law.
And be it enacted that all moneys ordered or directed to be raised for the support of public schools, erecting schoolhouses and the purchase of lands for school buildings shall be assessed at the same time state, county and other borough taxes are or may be directed to be assessed, and such assessment shall be placed in the duplicate of the Assessor of said borough, separate and apart from the state, county or other borough taxes and shall, when collected by the Collector or Constable of said borough, be paid over, from time to time, to the Superintendent of Public Schools and applied by him as directed by the Common Council of said borough.
And be it enacted that the Borough of Frenchtown shall constitute one election ward of the Third Assembly District in the County of Hunterdon, and all elections hereafter held for officers of the County of Hunterdon and the State of New Jersey and of the United States shall be held within said borough at the place appointed by the inhabitants for the next annual Town Meeting, and every person resident in said borough entitled to vote at such election shall give his vote in said borough and not elsewhere; at all such elections, the Judge of Elections, the two Inspectors of Elections and the Clerk chosen as aforesaid shall be, respectively, the Judge of Elections, Inspectors of Elections and Clerk; and in the case of the absence or incapacity 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.
And be it enacted that this Act shall go into effect immediately after the passage thereof and be referred to as a Public Act in all courts and places and by all persons; but the Legislature may, at any time hereafter, modify, amend or repeal the same, whenever in its judgment such operation, modification or repeal shall be required for the public good.