The Charter and Gen eral Ordinances of the City of Plainfield, N. J. EXCLUSIVE OF THE BUILDING CODE IN EFFECT JANUARY 1, 1912 Published by Authority of THE Common Council 1912 Charter of the City of Plainfield, N. J. With Supplementary Acts Published by Authority of the Common Council 1912 Courier-News Publishing Co. Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates y ■Ti.; ■J\A- https://archive.org/details/charterofcityofpOOplai REMOTE STGfJAGE "P£®09!SSTACKS OFFICE felt CHARTER OF THE CITY OF PLAINFIELD Approved April 4, 1872. P. L. 1872, p. 1134 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That all the inhabitants residing in the terri- torial limits of the present city of Plainfield, in the county of Union, be, and are hereby ordained, constituted and declared to be one body politic and corporate, in fact and in name, by the name and style of “Inhabitants of the City of Plainfield.” 2. And be it enacted, That hereafter there shall be chosen in said city, from among the citizens thereof, one mayor, one city judge, eleven members of the common council,* one assessor, one collector, one treasurer, two chosen freeholders, two constables,! two jus- tices of the peace,! one clerk for each election district, three judges of election for each election district, and three commissioners of appeals. The annual election in and for said city shall be held on the first Tuesday of December of each and every year, and at such place or places as the common council shall direct or appoint, of which time and place or places the clerk of said city shall cause public notice to be given by advertisement, to be set up in at least five public places in said city, and published in two newspapers, if so many there be printed therein, at least ten days previous to the date of such election. At the first election of officers, after the passage of this act, which shall be held on the first Tuesday of May next, there shall be elected in said city by the legal voters thereof, from among the citi- zens of the same, all of the officers of the city government, except- ing the mayor, enumerated in this section, and the term of office of each and all of the officers then elected shall expire at noon of the first Monday of January, eighteen hundred and seventy-three, and at the annual election to be held on the first Tuesday of December of each and every year, there shall be elected all of the officers of the city government, excepting the mayor, enumerated in this section, and the officers chosen at such elections shall enter upon and hold office from noon of the first Monday of January following their election ♦Chap. 143, P. L. 1881, p. 175. Chap. 32, P. L. 1883, p. 38. t Chap. 68, P. L. 1876, p. 82. Chap. 196, P. L. 1880, p. 291. ! Art. 6, Sec. 7; Art. 7, Sec. 8, Constitution of N. J. Elected for fiye years. NOTE — The general laws of the State, passed since the granting of this charter, have modified its provisions in so many particulars, that it can be safely consulted only in connection with such laws. 4 until noon of the first Monday of January of the next succeeding year. At the annual election to he held on the first Tuesday of De- cember, eighteen hundred and seventy-two, there shall be chosen one mayor, to hold office from the first Tuesday of May, eighteen hun- dred and seventy-three, until noon of the first Monday of January, eighteen hundred and seventy-five, and after the year eighteen hun- drd and seventy-two the mayor shall be elected biennially, and shall serve for two years. 3. And be it enacted, That the poll of each election shall be opened and closed at the time appointed by law and the three judges of election, in each election district, shall be the officers of said election; and in case of the absence, death, disability or refusal to serve of any of said officers of election, on the day of election, the lawful voters present shall elect, viva voce, a person or persons to supply such vacancy or vacancies, that the name of each voter at such election shall be written on the poll list by the clerk, 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 re- sult under their hands and seals, and deliver said certificate to the clerk of said city, who shall file and preserve the same in his office, and the persons having the greatest number of votes shall be deemed to be elected to the offices for which they shall be voted for respectively, and shall hold their offices for the terms specified in this act. 4. And be it enacted, That the mayor shall be the chief execu- tive oflScer of the city, and shall see that the laws of the state and the ordinances of the city are faithfully observed therein. He may recommend the common council to pass such measures as he may deem necessary or expedient for the welfare of the city. He shall maintain peace and good order therein, and in case of a riot or tumultuous assembly, may take command of the police force of the city to suppress it. In case of persons violating or being suspected by him of vio- lating any criminal laws of this state, or penal ordinance of the city, he shall posssess the same power and authority which justices of the peace possess in criminal cases. He shall sign all licenses directed to be issued by the common council, and all bonds, obligations or other evidences of indebted- ness issued by the city. 5. And be it enacted. That the common council shall have power to appoint from time to time, a city clerk, a street commis- sioner, an overseer of the poor, and such other subordinate officers as they shall think necessary for the governing of said city; pro- vided, that no appointment of officers herein named shall be valid 5 unless made by a vote of a majority of all the members of said common' council; every person who shall be appointed to any office under the provisions of this act, shall be a resident and elector of said city, and may continue in office" until removed therefrom by a vote of a majority of all the members of the common council, or until another person is appointed to succeed him. 6. And be it enacted, That all persons residing in said city, entitled to vote by the constitution of this state at elections by the people, shall be entitled to vote at all elections under this act, and the said citizens so entitled to vote shall be capable of holding any office created by this act of incorporation with the exception that no person shall be elected or serve as mayor or common councilman, unless he shall have resided in said city at least one year immedi- ately preceding said election. 7. And be it enacted, That the persons elected for members of the common council, or a majority of them, shall have the power, from time to time, and at all times hereafter, to hold a common council within said city, at such time and place as may be appointed by the ordinances and resolutions of the said common council; to meet upon their own adjournments, and to call special meetings by request of any three members of said council in writing, ad- dressed to the clerk of said council, or by order of the president of said council, and that the whole legislative power of the cor- poration of said city shall be exclusively vested in the said common council;* provided, that no ordinance or by-law shall be at any time enacted or passed, altered or repealed, except by a concurrence of at least six members of said common council, and unless the same shall have been introduced before the said common council at a previous meeting. 8. And be it enacted. That the mayor of said city shall, before he enters upon the duties of his office, take and subscribe before a judge of the court of common pleas of the county of Union, or any officer authorized to administer the same, an oath or affirmation that hd will faithfully and justly perform all the duties of said office to the best of his ability; and that the city judge, members of the common council, clerk, assessor, collector, treasurer, street commis- sioner, judges of election, commissioners of appeal, and all other officers appointed or elected by virtue of this act, shall before they enter upon their respective duties, take and subscribe before the said mayor, t who is hereby authorized to administer the same, the like oaths or affirmations; and it shall be the duty of the said clerk to file and preserve the said oaths and affirmations in his office; and * Further powers of Common Council, Secs. 2-3, Supplement to Charter, 1874. t Or City Judg-e — Sec. 2 Charter Supplement, 1873. 6 all such oaths or affirmations shall be taken within five days* after the day of election or appointment. 9. And be it enacted, That in the absence of the mayor, the city judge of said city shall administer such oaths and afl&rmations of office as the mayor is authorized by this act to administer; and during such absence the other official duties of the mayor shall be discharged by the president of the common council. 10. And be it enacted, That in- case of a vacancy happening in any office created and made elective by this act, by death, resigna- tion, removal, or otherwise, except in officers of election, on the day of election, it shall be filled by the said common council within thirty days thereafter, and the said appointment shall continue until the next annual , election, and no longer. 11. And be it enacted. That the treasurer and collector of said city, before they enter upon their respective offices, shall each exe- cute a bond to the inhabitants of the city of Plainfield, conditioned for the true and faithful perforjnance of all the duties of their said offices in such sums and with such freehold security as the common council shall approve and direct. 12. And be it enacted. That the clerks of election, judges of election, assessor, collector, and commissioners of appeal, shall re- spectively possess the power and perform the duties of like officers in any township of this state, so far as shall be consistent with the provisions of this act; and in addition thereto the city clerk shall attend all meetings of the common council of said city, keep ac- curate minutes of their proceedings, and insert the same in a book to be provided for that purpose, and in like manner record all ordi- nances passed by the common council, and shall do and perform all such other duties as the said common council may from time to time prescribe, and the power and duties of the treasurer and street commissioner, if not otherwise provided for in this act, shall be those enjoined by the ordinances of the said common council. 13. And be it enacted. That it shall be the duty of the treas- urer of the said city to receive and pay out all moneys belonging to the said city, under the direction and by authority of the said com- mon council; to make out annually, on the second Tuesday in De- cember, or oftener, should the said common council so require, and publish in two newspapers printed in said city, if so many there be, a detailed and true statement of all moneys received into the treas- ury, and of all moneys disbursed therefrom, from the commencement of his official year to the date aforesaid. 14. And be it enacted. That it shall and may be lawful for the Within ten days — Sec. 2 Charter Supplement, 1873. 7 common council of said city to pass such ordinances or by-laws as to them shall seem meet and necessary: For regulating, leveling, grading, paving, graveling, cleansing and keeping in repair the streets, roads, highways, alleys and cross- walks in said city; provided, that the expense of paving any street, road, highway or alley with stone or wood shall be equitably as- sessed upon and paid by the owners of property fronting thereon: For preventing or removing all obstructions, encroachments,, encumbrances and nuisances, or any of them, from the streets, roads, highways, sidewalks, alleys, enclosures and lots in said city; For ascertaining and establishing the grades and boundaries of all streets, alleys and sidewialks in said city: For causing the territory embraced within the boundaries of said city to be accurately surveyed and mapped for roads, streets and avenues, and For establishing lamp and police districts within said city, and provide for assessing within each respective district the cost of lighting and maintaining police patrol, either or both, within such districts: For curbing, grading, paving, flagging, graveling, cementing: or planking side-walks in said city: For preventing or removing all obstructions, impediments, en- cumbrances or nuisances on any street or street-crossing, caused by any railroad company or its agents: For preventing persons from riding, driving or passing over or upon the sidewalks, except when necessary to cross the same with horses, wagons, carts, or carriages of any description: For lighting the streets and alleys in said city: For preventing or regulating the running at large of horses, cattle, goats, geese, dogs and swine: For preventing the immoderate riding or driving through or in any street or alley of said city: For keeping sidewalks and gutters free from snow, ice, and other impediments: To enact health laws, and establish a board of health: To provide for the relief of the poor, and for the establishment and maintenance of an alms-house or work-house and a city hospital, and to direct and order what persons shall be placed therein and for what length of time: For preventing or suppressing any riots, routs, disturbances, breaches of the peace or disorderly assemblage, in any street, alley, house, or place in said city: For sinking and regulating pumps, wells and cisterns in the streets or enclosures of said city for the extinguishing of fires: For regulating fire engine, hose and truck companies: 8 For the prevention and suppression of fires: For regulating the keeping of gunpowder and other combustible or dangerous materials: For cleansing of chimneys and regulating the same: For appointing policemen — regular or special — watchmen, and other subordinate officers, and prescribing their powers, duties and compensation: For regulating weights and measures: For establishing and regulating one or more public pounds: Foe restraining vagrants, mendicants and street beggars: For erecting, repairing and regulating a city hall and city jail: For assessing and collecting taxes: For regulating and conducting city elections: For preserving peace and good order: For preventing or suppressing all gaming and disorderly houses: For regulating or preventing the carrying on of any trade, busi- ness or manufacture likely to promote or cause fires, or otherwise to endanger the health or well-being of the inhabitants of said city: To regulate and control the manner of erecting dwelling-houses and other buildings, and To prohibit within certain limits, to be from time to time by it ‘prescribed, the building or erection of any dwelling-house, store, stable, or other building of wood, or other combustible materials: To prevent the setting up or construction of furnaces, stoves, boilers, ovens or other things, in such a manner as to be dangerous: For the sewerage or drainage of said citj^: For laying down iron, lead, glass, wood or other pipes for the conveyance of water or gas in the streets, highways, alleys, and sidewalks of said city, and for regulating the same: For the protection and regulation of shade trees: For the suppression and punishment of vice and immorality: For licensing taverns and saloons: And the said common council shall or may enact or pass such and so many other ordinances or by-laws for the peace, good gov- ernment, order, well-being and convenience of the said city as they may deem necessary, proper and expedient, not repugnant to this act, or to the constitution of this state, or of the United States.* 15. And be it enacted, That the justices of the peace, chosen freeholders, commissioners of appeal, inspectors of elections, asses- sors, collector, constables, pound keepers and the overseer of the poor shall perform such duties as by the laws of this state now appertain to and devolve upon such officers in the townships of this * Further powers under Secs. 2, 3, Charter Supplement, 1874, and for lay- ing’ stone crosswalks, Sec. 58 of this act. See also Secs. 7, 30, 31, 32 and 3D. 9 -State, subject to the provisions of this act or any ordinance or ordi- nances passed by virtue thereof; and the collector of revenue shall pay over all moneys received by him for the city, as soon as col- lected, to the treasurer of said city, who shall pay over to the treas- urer of the state, or to the collector of Union county, the full quota of taxes required by law to be raised in said city for state and county purposes, so far as the same may have been collected. 16. And be it enacted, That the ordinances of the common oouncil of said city shall begin in the following manner, to wit: The inhabitants of the city of Plainfield, by their common council, do ■enact as follows: 17. And be it enacted, That it shall and may be lawful for the common council of said city to order and cause to be assessed and raised by tax, in any one year, such sum or sums of moneys as may be necessary for the support of the city poor, and such further sum not exceeding ten thousand dollars, as they shall deem expedient for the current expenses of said city, and for all other objects and pur- poses authorized by this act,* which amounts shall be assessed and collected in the same manner as the assessors and collectors of townships are or may be by law required to assess and collect the -state and county tax, which taxes when collected, shall be paid into the hands of the treasurer of said city, and be subject to the order of the said common council. 18. And be it enacted. That the common council may prescribe, by ordinance, fines and penalties for the violation of any of its ordi- nances; provided, however, that the amount of fine shall in no case exceed the sum of one hundred dollars, or the term of imprisonment twenty days,t reserving the right of trial by jury, if demanded by the defendant, in all cases where the punishment prescribed may be imprisonment or the amount of the fine exceeds the sum of twenty ■dollars.! All suits for the enforcement or violation of ordinances shall T)e brought before the city judge, or in the event of his absence or inability to act, from sickness or otherwise, then the said suits shall be brought before the mayor; and the proceedings before the mayor ;shall be conducted in the same manner as before the city judge, and the said mayor, for the purposes of such trials, shall possess all the •powers vested in the city judge. The judgments rendered by the city judge or the mayor, when acting in the absence of the said judge, may be executed by any policeman of said city, and in the manner prescribed by the warrant. * And additional amount provided for by extra tax. Sec. 26 of this act. May borrow $5,000 in anticipation of taxes. Sec. 27 of this act. t Sixty days, &c.. Sec. 3, Charter Supplement, 1874. :? See Sec. 1, Charter Supplement, 1873. \ 10 writ, execution or other process issuing out of the said court, and the said policeman to whom such process shall be delivered, shall execute the same and make return thereof as set forth in such pro- cess, and the city judge or the mayor shall have power to commit to the jail of the county of Union, and the jailor of said county shall receive and safely keep all persons who may be committed to the jail of said county by the city judge or mayor, for the term ex- pressed in the warrant of commitment, and all the expenses of keep- ing such persons shall be borne and paid by the said county of Union. The process and proceedings requisite for the proper and effi- cient execution of the provisions of this section shall be those spec- ified in an act entitled “An act constituting courts for the trial of small causes,” as far as the same may be applicable, and said act, for., such purposes, shall constitute and form a part of this act. 19. And be it enacted, That the city judge shall have all powers* in criminal matters that justices of the peace in and for the several counties of this state now have, and shall have like pow- ers as are given to the mayor, to cause to be arrested, and committed without process, any person guilty, or that he may have reason to believe guilty of any crime, or misdemeanor, or breach of the peace, and to try all causes or complaints arising from the violation of any ordinance of said city. 20. And be it enacted, That the city judge to be elected t as provided for by this act, shall be at the time of his election, a prac- ticing attorney at law, and shall receive as compensation for the performance of his official duties the sum of three hundred dollars per annum. 21. And be it enacted. That the city judge shall have jurisdic- tion, and is hereby empowered on oath or affirmation made accord- ing to law, that any person or persons has or have been guilty of a violation of any of the ordinances of said city, to issue a process, either in the nature of a summons, or of a warrant, as to him may seem most advisable, against the person or persons so violating such ordinance, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the nature of a summons be re- turnable in not less than three, nor more than six days; that such process shall state what ordinance the defendant or defendants named therein has or have violated, and in what manner the same has been violated, and then on the return of such process, or at the time to which the city judge shall have adjourned the same, the said city judge shall proceed to hear the testimony, and to determine,. * Further rights and powers, Sec. 8, Charter Supplement, 1873. t Term of three years. Sec. 8, Charter Supplement, 1873. 11 and give judgment in the matter, without the filing of any pleadings; and the city judge shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chatties, and against the body of the defendant, or defendants. Provided, that in all cases when the fine or penalty shall exceed twenty dollars, or when the punishment may be imprisonment, there may be a trial by jury, to be conducted as in cases now triable by jury in courts for the trial of small causes, and also an appeal, as in cases where appeal may now be had from judgments in courts for the trial of small causes. Provided further, that no fine shall he imposed exceeding fifty dollars* for such offence, and no term of imprisonment shall ex- ceed sixty days for each offence. And also provided, that all cases and matters pending in the city judge’s court, at the expiration of his term, or resignation, or death, or inability to serve, shall he continued before his successor, who shall have jurisdiction of the same, as if such city judge were personally present; all books and records of said court shall be the property of the city, and as such shall be preserved and transferred by the city judge to his successor. 22. And be it enacted. That the officers empowered to serve processes issued by the city judge shall be, besides the constables elected or appointed within said city, the policemen of said city, and said processes shall be returned in the same manner so far as cir- cumstances may permit, as warrants for the arrest of persons, issued out of the courts for the trial of small causes are returned, and that the defendant or defendants named therein shall, if the city judge sees fit to adjourn the hearing of the charge made, and so orders, enter into recognizance, as near as may be, in the manner directed in the courts for the trial of small causes, in the amount of penalty named in the process, or in any proceedings to be brought for the recovery of the same, with such surety as may be approved by the city judge, unto the mayor and common council of the city of Plain- field, for his or their appearance on the day to which said hearing may be adjourned, and in default of such appearance, the said recog- nizance may be prosecuted and collected in the same manner as the same might have been if the said recognizance had been taken in a proceeding in courts for the trial of small causes. 23. And be it enacted. That in all cases in which persons shall bring certioraris to remove the order, proceedings or judgment given or made by the said city judge, it shall be lawful for the said city judge to charge and receive before delivery of the return thereto at the rate of ten centg per folio for the same. \ One hundred dollars, Sec. 3, Charter Supplement, 1874. 12 24. And be it enacted, That no justice of the Supreme Court shall grant or allow any certiorari to remove any order, proceedings or judgment to be had or made by the city judge of said city, unless the party applying for such certiorari shall enter into bonds with the mayor and common council of the city of Plainfield in the sum of one hundred and fifty dollars, with one or more good surety or sureties, conditioned that such applicants shall prosecute such cer- tiorari in the Supreme Court, shall pay the penalty recovered before the said city judge, with interest and costs, if the judgment be af- firmed, and shall in all things stand by and abide the judgment of the Supreme Court respecting the order, proceeding or judgment given or made by said city judge, which said bond shall be tendered to said justice granting such certiorari, to be by him filed with the clerk of the Supreme Court, for the benefit of said mayor and com- mon council, and on failure thereof no certiorari shall be allowed. 25. And be it enacted, That if any proceedings of the said city judge shall on removal by certiorari, be affirmed by the Supreme Court, the plaintiff in certiorari shall pay to the defendant all costs on such suit in the 'Supreme Court, but if such proceedings be re- versed, then the plaintiff in certiorari shall not be liable to pay any costs; the provisions of this section and of the last preceding section shall extend to the Circuit Court of the county of Union. 26. And be it enacted. That whenever hereafter a greater sum of money than the said sum* of ten thousand dollars shall, in the opinion of the said common council be necessary to be raised in any one year for the use of said city, then in such case the said common council are hereby authorized to give notice to the inhabitants of said city, by advertisements published in two newspapers printed in the said city, if so many there be, at least fifteen entire days be- fore the day of holding any election hereinafter mentioned, and by printed handbills put up in five of the most public places of said city for a like period, that an election will be held at the time and place therein mentioned, the said time and place to be designated by the said common council, to vote such a sum of money to be raised by tax in the said city as the said common council may think necessary to be raised for the uses of the said city, and which sum of money shall be stated in the said notice, at which said election only such persons shall be entitled to vote as may be entitled to vote at any regular annual election of said city, the voting to be by ballot, writ- ten or printed, or partly written or partly printed, for or against the sum of money proposed by the said common council in and by their said notice, which said ballot shall contain the word “money,” or the words “no money;” the time of opening and closing the poll at * See Sec. 17. 13 such election, and the mode and manner of conducting the same, shall be as is prescribed by this act for annual elections, and every sum of money so voted by any resolution of the said common council to be raised by tax in the said city, and approved of by a majority of the whole number of lawful ballots cast in any such election, shall be assessed, collected and regulated according to the thirty-fifth section of this act, excepting so far as relates to the time of assessing and collecting said taxes, which time shall be fixed by the common council.* 27. And be it enacted, That it shall not be lawful for the said common council to borrow money on the credit and in- the name of said city, except when necessary to anticipate the collection of taxes, and then for an amount never to exceed in the aggregate the sum of ^ five thousand dollars, or for a period later than sixty days after the taxes for the current year are finally due; and every such temporary loan or loans shall be fully paid and redeemed out of the taxes so collected.* * 28. And be it enacted, That the duly elected members of the common council of said city shall assemble in the council chamber on the Thursday eveningt following the annual city election, at the hour of eight o’clock, for the purpose of having the official oath or affirmation administered to them respectively by the mayor or city judge; and should the said common council not then organize, it shall be the duty of the city clerk to call the members elected togeth- er for that purpose, within ten days after the date of their election. J 29. And be it enacted. That every ordinance and supplement to an ordinance passed by the common council of said city shall, before it takes effect and becomes a law, be at once presented to the mayor by the city clerk, with a certification by said clerk, as to the date of such presentation; and if the said mayor approve of it he shall sign it, if not, he shall return it, with his objections, and file it and them with said clerk, within ten days after he received it; and the said common council shall, at its first meeting thereafter, or at the first subsequent meeting, enter the said objections at length upon its journal, and proceed to reconsider such returned ordinance or supplement, and if a majority of all the members of the said council agree to pass the same, it shall take effect and become a law; but, in every such case, the vote shall be taken by ayes and noes, and entered upon the journals; and if such ordinance or supplement shall not be returned within ten days, as aforesaid, it shall take effect and become a law in like manner as if the mayor had signed ♦ See Secs. 4 and 6, Charter Supplement, 1874. **See Secs. 5 and 6, Charter Supplement, 1874. t Within ten days after election or appointment, Sec. 2 of Charter Sup- plement, 1873. t See Sec. 3, Charter Supplement, 1873. 14 it; and each and every ordinance of supplement so passed, as afore- said, shall be attested by the city clerk and published in' two news- papers printed in said city, if so many there be, ten days* before such ordinance or supplement shall go into effect; and similar ten dayst public notice shall be sufficient for the intended adoption by the said common council of any ordinance, supplement or regulation. 30. And be it enacted, That the common council of said city, or a majority thereof, shall have the exclusive right and power to regulate and prohibit the sale of spirituous and fermented liquors within said city as they deem most conducive to the public good; no person or persons shall in any manner sell or dispose of spirituous or fermented liquors unless licensed so to do by the common council; the amount of assessment to be paid by the applicant for a license shall be fixed by the said common council, or a majority thereof, at or before the time of granting such license, and all moneys which may be derived from granting such licenses shall be paid to the treasurer for the use of said city. 31. And be it enacted, That the common council of said city shall have the sole exclusive power of licensing all circuses, or other shows and exhibitions whatsoever, proposed to be performed or ex- hibited within the limits of said city, on such terms and subject to such restrictions as the said common council may prescribe, which said power of licensing the said common council may, by ordi- nance, J delegate to the mayor or city judge of said city; and all moneys which may be derived from granting such licenses shall be paid to the treasurer for the use of said city. 32. And be it enacted. That the common council of said city shall have power by ordinance or resolution, to grant or allow such fees or compensation to the several officers of said city as to the said council shall seem necessary and proper; provided, that the mayor shall not receive for the performance of his official duties a sum exceeding three hundred dollars per annum; and that the members of the common council shall not receive, directly or in- directly, any compensation for the performance of their official duties. 33. And be it enacted. That the place of meeting of the said common council shall be open for the admission of all peaceful and orderly persons who shall be desirous of being present while the said council shall be in session on public business, and the said com- * Two insertions in legal newspapers required by Chap. 226, P. L. 1881, p. 295. See also Sec. 7, Charter Supplement, 1873. t Fourteen days. Sec. 5, Charter Supplement of 1873. $ Ordinance relating to Shows and Exhibitions — Approved July 9. 1869; amended November 10, 1884. Also ordinance approved Dec. 8, 1897. 15 mon council shall have full power to enforce the preservation of order. 34. And be it enacted, That the assessor shall, with strict im- partiality, assess taxes upon all persons and property within the said city, and the collector shall collect the same at such time and in such manner as the assessors and collectors of townships are or may be required by law to assess and collect taxes in townships. Provided, That all lands within the limits of said city, held as farm lands and not for building purposes, shall be valued and taxed as farm lands in the same manner as they heretofore were taxed for township purposes. And in case of the non-payment of taxes, the said collector shall return on the first day of December annually, the names of all delin- quents, with the sum due from them, respectively, and to such city magistrate as the said common council shall by ordinance or resolu- tion direct; and the said magistrate shall thereupon issue his war- rant or warrants to the city policemen or any of them, or such!^ other person as the common council shall for that purpose nominate and appoint, requiring him or them to levy the tax so in arrears in the manner prescribed by the laws of the State of New Jersey relative to the collection of taxes in townships. Pi'ovided further. That the said collector shall not be entitled to charge fees on account of any name mentioned in said warrant -or warrants, unless the tax due from said delinquent be actually collected, and that all real estate lying within the limits of the city shall be liable to be assessed and taxed for city purposes. 35. And be it enacted, That the commissioners of appeal, in cases of taxation, shall meet annually on the third Tuesday of Octo- ber, and at such other times as the common council may designate in the event an extra tax is ordered to be raised, as provided for in section twenty-seven, to hear and determine all complaints of unjust taxation; they shall sit from two o’clock P. M. until five o’clock P. M., or longer if found necessary, to dispose of all cases submitted to them for consideration, and shall give public notice of the time and place of such intended meeting in two newspapers printed in said city, if so many there be, at least ten days previous to such assembling. 36. i\nd be it enacted, That the policemen of said city shall have the power to arrest and take into custody, without warrant, any offenders against the by-laws and ordinances of said city, and to confine said offender or offenders in a place provided by the said common council, until a hearing can be had before the mayor or the city judge of said city; provided, that such hearing shall be held within twenty-four hours after the arrest of such offender or of- fenders, unless such arrest is made after two o’clock P. M., on Sat- 16 urdays, in which case the hearing shall be had before twelve o’clock: M., on the following Monday. 37. And be it enacted, That all actions to be brought under and by virtue of this act, may be brought and prosecuted in ^he name of “The Treasurer of the City of Plainfield,” without specify- ing the individual name of the treasurer of said city for the time- being, and the book of records of the ordinances and by-laws of the common council shall be taken and received as evidence of the due passage, by said common council, of all ordinances and by-laws re- corded therein, and the publication by the authority of the said common council, of their ordinances and by-laws in a volume or pamphlet, shall in like manner be taken and received as evidence of the due passage thereof, and the publication of the said ordinances- and by-laws in the public newspapers shall be presumed to have been made until the contrary be proved. 38. And be it enacted, That upon the trial of any issue, or upon the judicial investigation of any fact to which issue, or inves- tigation “The Inhabitants of the City of Plainfield” are a party, or in which they are interested, no person shall be deemed an incom- petent 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 such person to plead the general issue, and to give this act and the special matter in evidence at the trial. 39. And be it enacted. That it shall be lawful for the said common council, by ordinance, to lay out or open any street, road or highway, in any part of the said city, and to cause any street,- road, highway, or alley already laid out in any part of the said city, to be vacated, opened, altered or widened whensoever and so often as they shall judge the public good requires the same to be done. And the said common council shall give a written or printed notice to the owner or owners of any lands or real estate, with the appurtenances, necessary to be taken for either of said purposes, or to his, her or their legal representatives, of their intention to take such land or other real estate and appurtenances, and appropriate- it for such street, road, highway or alley, and shall treat with such person or persons for the same. And if any such person or persons shall refuse to treat for any such land or other real estate, with the appurtenances, or the said common council cannot agree with such person or persoris for the- same, then it shall be lawful for the said common council to appoint three judicious and disinterested citizens of said city, as commis- sioners, to make an estimate and assessment of the damages that any such owner or owners will sustain by opening, laying out, alter- ing or widening, any such street, road, highway, or alley, and in 17 estimating and assessing such damages the said commissioners shall have due regard as well to the value of the land and other real es- tate with the appurtenances, as to the injury or benefit of the owner or owners thereof, by laying out, altering or widening any such street, road, highway or alley. And after making their award of damages, they shall deduct from the same the amount of the estimated benefits, if any, to the owner or owners, or occupiers; and if in any case the commissioners » shall estimate the said benefits to be greater than the said damages, they shall so declare it in their report. Provided, That no street, road, highway or alley in said city shall be laid out, opened or extended against the written remon- strance of those persons owning a majority in interest of the front- age land lying on that portion of the street, road, high\vay or alley proposed to be laid out or opened. And provided further, That no street, road, highway or alley that is now or may hereafter be opened shall be altered or widened against the written remonstrance of those persons owning one-half of the frontage land lying on the street, road, highway or alley pro- posed to be widened or altered, said remonstrance to be presented and filed with the city clerk within twenty days after he shall have published in the city newspapers the intention of the said common council to pass ordinances authorizing such improvements to be made, and the filing of such remonstrance with the city clerk shall be deemed and taken as sufficient evidence of such remonstrance having been made. 40. And be it enaeted. That the said commissioners, before they enter upon the execution of the duty required of them shall be sworn or affirmed before the mayor, or any person authorized by law to administer oaths, to make the assessment and estimate submitted to them fairly and impartially, according to the best of their skill and judgment, and the said common council may remove such com- missioners and appoint others for any cause that, to said common council, may seem just. 41. And be it enacted. That the said common council shall appoint a time and place within the said city for the said commis- sioners to meet, notice thereof shall be given by advertising the same in two newspapers printed in the city of Plainfield, if so many there be, two weeks before the time of meeting, which notice shall specify the street, road, highway or alley proposed to be laid out, altered or widened, the alterations propo^sed to be made, and the lands or real estate, with the appurtenances, intended to be taken for such purposes, and The said commissioners, or a majority of them when met, shall have power to swear and examine witnesses, and shall view the 18 premises, if necessary, and make just and true estimates and assess- ments, and report their proceedings to the common council, sufficient- ly in detail to enable the common council to determine the principle upon which such estimates and assessments were made. Such report shall be filed with the city clerk, and be open to the inspection of the public for ten days, previous to its presentation to the common council, and notice of such filing shall be published in each of the city newspapers ten days previous to such presentation. Parties interested may file with the city clerk written objections to said report, stating the nature and extent of their interest and the grounds of their objections to it. All such objections shall be filed within ten days after the first publication of the notice of the filing of the report. The said commissioners shall have full power to reconsider and change their report if objected to, or if they refuse so to do either in whole or in part, they shall deliver such objections with their report to the common council, and the common council may ratify the action and report of the commissioners, or alter said report, in respect to the matter specified in the objections, or the said com- mon council may recommit the report to the commissioners for further consideration in respect to such matters, or any other matter connected therewith; and in the event of a recommitment, the said commissioners shall, as far as may be necessary, comply with all the requirements of this section. When the common council shall have taken final action upon said report, it shall be binding and conclusive upon the owner or owners of any such lands or real estate, with appurtenances, sub- ject only to the appeal hereinafter given; and upon payment ol" the damages so awarded, or upon a tender and a refusal thereof, it shall be lawful for the common council to cause the said land or real es- tate, with the appurtenances, to be converted and used for the pur- poses aforesaid. Provided, however, that any person or persons, conceiving him- self, herself, or themselves aggrieved by the proceedings of said common council, may appal therefrom to the Circuit Court of the county of Union, within sixty days from the time of making the final order of the common council, and the said Circuit Court shall order a trial by jury to assess the damages sustained by the party aggrieved, the trial whereof shall be conducted as in other cases of trial by jury. Provided, that any person intending to appeal as aforesaid snail notify the city clerk of suc^ intended appeal, within ten days after the ratification by the common council of the report from which such appeal is intended. 43. And be it enacted. That in case of non-payment v'ithin / 19 sixty days after the estimates and assessments shall have b«en rati- fied by the common council of any damages estimated and assessed, as aforesaid, with interest from the date of the assessment, and in case of no appeal to the said Circuit Court, as aforesaid, the person or persons entitled thereto may sue for and recover the same from the said city, in an action of debt, with costs, in any court having cognizance thereof, and the said proceedings of the said commis- sioners and common council, or the award of the said jury, as the case may be, shall be conclusive evidence against the defendants. 43. And be it enacted, That in order to provide for the pay- ment of the damages assessed as aforesaid, for the laying out and opening any street, road or highway in the said city, or for the altering or widening of any street, road, highway or alley already laid out in the said city, and of all other necessary expenses incident to such laying out, altering or widening, the said common council shall ascertain the whole amount of such damages and expenses, and shall cause to be made a just an4 equitable assessment thereof among the owners and occupants of all the lands, tenements and real estate benefitted thereby, in proportion, as nearly as may be, to the advantages each shall be deemed to acquire, and the common council shall appoint three judicious and disinterested citizens of said city to make every such assessment, who, before they enter upon the execution of their trusts, shall be sworn or affirmed before any per- son residing in said city authorized by law to administer oatns, to make said assessments fairly, according to the best of their skill and judgment; and A report in writing of such assessment, signed by a majority of such persons, being returned to the common council, and ratified by them, shall be binding and conclusive upon the owners and occu- pants of such lands, tenements and real estate to be assessed re- spectively;* and Such owners or occupants shall also respectively, on demand, pay to such persons as shall, be authorized by the said common coun- cil to receive the same, the sums at which such lands, tenements and real estate shall be assessed, to be applied to the payment of the damages and expenses of laying out, altering or widening the said street, road, highway or alley as aforesaid; and On default of such payment, or any part thereof, it shall be lawful for the mayort of said city, by direction of the common council, to issue a warrant under the common seal, to levy the same by distress and sale of the goods and chatties of such owner and occupant refusing or neglecting to pay the same, rendering the over- * See Sec. 11, Charter Supplement, 1874. t City Judge may issue warrant. — Sec. 6, Charter Supplement of 1873. 20 plus, if any, after deducting the charges of such distress, to such owner or occupant, or his or her legal representatives. Provided, always, that nothing in this section contained shall affect any agreement between landlord and tenant respecting the payment of any such charges, but they shall be answerable to each other in the same manner as if this supplement had not passed. And further, if any such assessment or any part thereof, shall be paid to any person, when by agreement or by law the same ought to have been borne or paid by some other person, then it shall be lawful for the person paying the same to sue for and recover the same, with interest and costs of suit before any court having cogniz- ance thereof, as so much money paid for the use of the person who ought to have paid the same; and the assessment aforesaid and proof of payment shall be conclusive evidence in said suit; and In all cases where there is no argreement to the contrary, the owner or landlord, and not the occupant or tenant, shall be deemed the person who ought in law to bear and pay every such assessment. All the provisions of section forty-one relating to the form of the report and filing of the same with the city clerk, and giving notice thereof, and the subsequent proceedings thereon, as far “as the same may be applicable, shall be regarded as appertaining to this section. 44. And be it enacted, That in case any assessment made as aforesaid shall not have been complied with, by the payment of the sums thereby assessed, it shall be lawful for the common council to cause the same to be advertised in one or more public newspapers printed in said city for at least one month, requiring the owner or occupants of such lands, tenements and real estate respectively, to pay the sums at which the same shall have been assessed, to the treasurer of said city; and In default of such payment, such lands, tenements and real estate will be sold at public auction, to ^satisfy such assessment, and the interest, costs, charges and expenses thereof; and If, notwithstanding such notice, the said owners or occupants shall refuse or neglect to pay such assessment, and the expenses of such advertisement, then it shall and may be lawful for the said common council to cause to be collected the amounts of said assess- ments, for the benefits so n^ade, as aforesaid, upon any lands or real estate, with the interest, costs, charges and expenses by a sale of said lands and real estate, as hereinafter provided; and to cause public notice thereof to be given for the space of four weeks, by setting up advertisements of such sale in five public places in said city, and publishing the same in one or more public newspapers printed and published in said city, for the term above mentioned, 21 being the four weeks next preceding such sale, which notices sliaU be signed by the city clerk, and shall contain a brief description of the premises to be sold, and for what purpose, and the amount of said assessment against the same, with the costs, charges, and ex- ponses, and the day, hour, and place of such sale; and It shall be lawful to sell said land and premises at public auc- tion for the shortest term, not exceeding one hundred years, for which any person or persons will agree to take the same and pav such assessment, interest, costs, charges and expenses, and to cause to be executed under the common seal of said city a certificate of said sale, and deliver the same to the purchaser or purchasers there- of, within ten days after such sale. Provided, That it shall not be lawful to sell the same until six months* after the completion and return of said assessment, nor until the owner or owners of said real estate be personally notified to pay said assessment, if non-resident, and their place of residence may be found with reasonable diligence. 45. And be it enacted, That the owner, mortgag^-e, occup?nt, or any person or persons having a legal or equitable interest in any lands or real estate sold for assessments, as aforesaid, may redeem the same at any time within two years from the time of such sale, by paying to the city treasurer, for the use of the purchaser, his heirs or assigns, the said purchase money together with any other as- sessment properly chargeable thereon, and which the purchaser may have paid, with the interest on said purchase money at the rate of twelve per centum per annum from the time of such sale, or from the time of such payments; and the certificate of said treasurer, stating the payment and showing what property such payment is intended to redeem, shall be evidence of such redemption, which sum of money, so paid, the said treasurer shall cause to be refunded to the purchaser, his heirs and assigns. 46. And be it. enacted. That if any lands or real estate so sold shall not be redeemed as by this act provided, the common council shall execute to the purchaser, his legal representative or assigns, a declaration of sale under their common seal, signed by the mayor, at- tested by the city clerk, containing a description of the premises, the fact of assessment, advertisement and sale, the date of ^he sale, and the period for which the premises were sold, which declaration .shall be recorded in the office of the city clerk, and until the sam.e shall have been recorded, such lands and real estate may bo redeemed as hereinbefore provided, notwithstanding the period of two years may have expired from the time of said sale; and Such declaration of sale shall be presumptive evidence that such Sixty days — Sec. 9, Charter Supplement of 1874. 22 sale and proceedings were regularly made according to the i)ro- visions of this act, and such purchaser or purchasers, and his and their legal representatives, shall by virtue thereof lawfully hold and enjoy such lands and real estate, with the rents, issues and profits thereof, for his and their own jiroper use against the owner or ov/n- ers thereof, and all persons claiming under him or them, until the term shall be completed and ended for which the purchaser or pur- chasers may have agreed to take the same; and at the expiration of said term shall peaceably and quietly yield up such lands and real estate to the lawful owner or owners thereof, and shall be liable for any injury or waste by him or them done or committed therein, in the same manner as the tenant for a term of years. Provided, That whenever satisfactory evidence shall be pro- duced to the common council that any lands so sold belong to an idiot, lunatic or infant, for whose estate no guardian shall have been appointed, the said common council shall direct the mayor and city clerk to postpone the execution of a declaration of sale of such lands until at least four months after they shall have evidence that such disability has been removed, or guardian or trustee to their estate appointed, and until the expiration of said four months, such guard- ian or trustee or person whose disability has been removed may re- deem such lands as hereinbefore provided. 47. And be it enacted, That it shall be the duty of the city clerk to record in proper books kept for that purpose all certificates of sale and assignment thereof, to give certificates of search in relation thereto, to any person applying for the same, and to cancel such certificates of sales and assignments thereof, so recorded, when the land and real estate for which they were given shall be redeemed on certificate of the city treasurer of such redemption, and to file such certificate in his office; it shall be the duty of the city treasurer to make out two receipts for all property redeemed, one for the person redeeming, and one to be filed in the office of the city clerk. 48. And be it enacted. That the amount of any assessment shall be and remain a lien on the lot or lots assessed from the time of the completion and return of such assessment in manner aforesaid, until the same shall be paid and satisfied, and that it shall be law- ful for the said common council, instead of the remedies hereinabove provided, if they shall see fit, in case of a refusal or neglect to pay an assessment made as aforesaid, to sue for and recover the amount of such assessment from the person or persons who, under the pro- visions of this supplement ought to pay for the same, or his, her or their legal representatives, with interest and costs of suit, in any court of this State having cognizance thereof, in an action on the case for so much money by them paid, laid out and expended for 23 such person or persons, his, her or their legal representatives; and the said assessment shall be conclusive for the plaintiff in every such action. 49. And be it enacted, That no street, road, highway or alley hereafter to be laid out or opened in said city shall be recognized, considered or treated as a public street or highway, road or alley, unless the same be laid out and opened under the direction of the said common council in manner aforesaid. 50. And be it enacted, That in case any owner or owners of any land or real estate necessary to be taken for the laying out, opening, altering or widening any street, road, highway or alley in the said city shall be non compos mentis, or out of the State, or can- not be found on reasonable inquiry, and no agent or legal repre- sentative of such owner can, on like inquiry, be found in this State, then it shall be lawful for the common council of said city to pro- ceed to the appointment of the commissioners mentioned and pro- vided for in the fortieth section of this act, after publishing in a newspaper printed in said city, for the space of two weeks, at least once in each week, a notice of the intention of said common council to take such land or real estate and appropriate it for such street, road, highway or alley. 51. And be it enacted. That in case the common council and the owner of any such land or real estate shall agree upon the sum to be paid therefor, such sum shall constitute a part of the whole amount of damages and expenses to be assessed under and in pur- suance of the provisions named in section forty-four of this act. 52. And be it enacted. That in case the owner or owners of any lands, tenements or real estate mentioned in the forty-fourth section of this act, be under age, non compos mentis, out of the State, or cannot be ascertained on reasonable inquiry made under the di- rection of the common council, and the assessment made on such lands, tenements or real estate in pursuance of the provisions of said forty-fourth section, remain unpaid for the space of thirty days after the same shall be made, it shall be lawful for the common council, without demand from such owner or owners, to proceed to the advertisement first mentioned in the forty-fifth section of this act, and the sale provided for in said section in the manner in said section pointed out. .53. And be it enacted. That it shall be no valid objection against laying out or opening any highway, street or road in said city, that the ending point of the same is not in a public highway; proAided, the same be laid out or opened in conformity with the pro- visions of this supplement. .54. And be it enacted. That it shall and may be lawful for the 24 common council of said city to make and establish ordinances and regulations for the paving or macadamizing of any street or section of a street and for curbing, grading, paving, flagging, graveling, cementing or planking of any sidewalks, in any street or section of a street in said city, by the owners or occupants of lands, tenements or real estate fronting on or adjoining such street or section of a street, and to appoint one or more discreet and skilful person or persons to superintend the said work and prescribe the manner in which the same shall be performed, and to enforce such ordinances and regulations by enacting penalties for non-compliance therewith. Provided, That before any such ordinance or regulation shall be adopted by the said common council, notice of such intended action shall be published by the city clerk in two newspapers printed in said city, if so many there be, for the period of at least fourteen days.* 55. And be it enacted, That if the owner or owners of any lands, tenements or real estate, in front whereof the street shall, by such ordinance or regulation be directed to be paved or macad- ized, or the sidewalk curbed, graded, paved, flagged, graveled, ce- mented or planked, shall neglect to comply with such ordinance or regulation, it shall be lawful for the said common council to cause such improvement to be made at the expense of the city on account of the owners of such real estate, and the amount paid by the city for such work shall be a lien on such real estate from the time of its completion, and shall bear interest at the rate of twelve per centum per annum from the date of payment by the city. Such amount paid or agreed to be paid for such work shall be regarded as an assessment, and the said common council shall cause an advertisement to be inserted in two newspapers printed in said city, if so many there be, for three weeks at least, stating the amount of such assessment and requiring the owner or owners of such lands, tenements or real estate to pay the same to the treasurer of said city, appointing a day and place when and where such lands, tenements, or real estate will be sold at public auction, if default shall be made in such payment, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing the sum assessed, as aforesaid; and If notwithstanding such notice and demand, the owner or own- ers of such lands, tenements or real estate shall neglect to pay such assessment, with costs and charges thereof, and of the said adver- tisement or advertisements, it shall be lawful for the said common council to cause such lands, tenements or real estate to be sold at public auction for a term at the time, for the purposes and in the * See Sec. S, Charter Supplement, 1S74. 25 manner expressed in said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common seal of said city; and Such purchaser, his or her executors, administrators or assigns, shall by virtue thereof, and of this act, from and after the expiration of the term hereinafter named for redemption lawfully hold and enjoy the same for his, her and their own proper use against the owner or owners and all claiming under him, her or them, until his, her or their term therein shall be fully completed and ended, and be at liberty to remove all the buildings and materials which he, she or they shall erect or place thereon; but he, she or they shall Idave such lands, tenements or real estate, at the expiration of the term, in sufficient fence, and the sidewalk in front thereof in the order required by such ordinance or regulation. Provided, That if, after defraying the actual expense of paving or macadamizing the street, or of curbing, grading, paving, flagging, graveling, cementing or planking the sidewalk in front of any lands, tenements or real estate so sold, as aforesaid, in the manner directed by such ordinance, or regulation, and deducting all reason- able charges attending the sale, a surplus of the purchase money shall remain in the hands of the treasurer of said city, the same shall forthwith be paid to the owner or owners of such lands, tene- ments or real estate, or his, her or their legal representatives. And provided further, That the lands, tenements or real estate so sold may be redeemed by the owner, mortgagee, occupant or person interested therein, or by any other person for and in behalf of the owner, mortgagee or claimant of such lands, tenements or real estate, at any time within two years after the sale for assess- ments, by paying to the treasurer of said city, for the use of the said purchaser, the purchase money, together with any other sum paid for taxes or assessments 'which the said purchaser may have paid, chargeable on such lands, tenements or real estate, and which he is hereby authorized to do, with interest thereon at the rate of fifteen per centum per annum in. addition thereto; and the cer- tiflcate of the treasurer of said city stating the payment, showing what lands, tenements or real estate such payment is intended to redeem, shall be evidence of such redemption. 56. And be it enacted, That the amount of the assessment or estimate to be made, as aforesaid, on any lands, tenements or real estate in said city, shall be and remain a lien thereon from the time of the completion and return of such assessment or estimate, in manner aforesaid, until paid or otherwise satisfled; and That it shall be lawful for the common council of said city, instead of the remedy hereinafter stated, if they shall see fit, in case the owner or occupant of any lands, tenements or real estate within 26 the city shall neglect to comply with such ordinance or regulation in* respect to the street or the sidewalk in front thereof, to sue for and recover, in the name of the treasurer of said city, the amount of such assessment or estimate and costs thereof from the owner or owners or such lands, tenements or real estate, or his, her or their legal representatives, with interest and costs, before the mayor or city judge of said city, or in any court having cognizance thereof, in an action on the case for so much money by them paid, laid out and expended, to and for the use of such owner or owners, or his, her or their legal representatives; and in every such action the said assessment or estimate, with the proof of the amount paid, shall be conclusive evidence for the plaintiff. 57. And be it enacted, That if the tenant or tenants of any lands, tenements or real estate within said city shall cause the street in front thereof to be paved or macadamized, or the sidewalk to be curbed, graded, paved, flagged, graveled, cemented or planked in obedience to such ordinance or regulation, at his, her or their own expense, it shall be lawful for him, her or them to deduct the same out of the rent, or recover the same from the landlord or owner or owners, or his, her or their legal representatives, with interest and costs, in an action on the case, before the mayor or the city judge of said city, or in any court having cognizance thereof, for so much money by him, her or them paid, laid out and expended to and for his, her or their use; provided, that nothing in this act shall affect any contract or agreement made or to be made between landlord and- tenant respecting such charges or expenses. 58. And be it enaeted. That it shall and may be lawful for the common council of said city to cause stone walks to be laid across any street at the general expense of said city. 59. And be it enacted. That it shall and may be lawful for the common council Of said city to speciflcally deflne by ordinance the manner in which all assessments shall be levied and collected, and to make such regulations as may be necessary to carry into effect the true intent and meaning of this act; that any assessment by virtue of the provisions of this act, or of the act and supplement, thereto, to which this is a supplement, shall bear interest at the rate of twelve per centum per annum, from the day tne same is rati- fled by the city council, and not before, and shall continue and remain a lien upon the lands and real estate so assessed until the said assessment, with the interest and expenses accruing thereon,., shall be paid or the amount therof discharged by the sale of the said lands or real estate by the city. 60. And be it enacted. That all expenses for improvements in paving or macadamizing any street or portion of a street shall be' assessed upon and paid by the lands and real estate fronting on such 27 street or portion of a street; all expenses for grading, curbing, flagging, planking or cementing sidewalks shall be paid by the owners of the real estate in front of which such sidewalks are thus improved; all expenses for the construction of sewer or under- drains shall be assessed upon all the lands and real estate lying with- in the district drained by such sewer or under-drains in proportion to the benefit received; all expenses for improvements in opening, altering, widening and grading streets, and for grading sidewalks, where such grading is included in a contract for grading the streets, adjoining such sidewalks, shall be assessed upon and paid by the lands and real estate benefited by the same in proportion to the benefit received. 61. And be it enacted, That the common council of said city may make and establish ordinances providing for the assessment of the cost of grading and paving any street intersections, upon the owners of lands and real estate, to the center of the block each way from the intersection thus improved. 62. And be it enacted, That whenever any street, or part of any street in the said city, occupied or used by the track of any railroad company, shall require to be altered or widened for the convenience of public travel, or graded, paved or macadamized, and proceedings for altering or widening, or grading, paving or macad- amizing the same shall have been taken under the provisions of this act, it shall be lawful for the commissioners appointed by the city council, and whose duty it shall be to make a just and equitable assessment of the whole amount of the costs, damages and expenses of such altering or widening, and the costs, and expenses of such grading, paving or macadamizing among the owners of all the lands and real estate benefitted thereby, to assess such portion of said costs, damages and expenses upon the corporation or company own- ing or using said railroad track as shall to them seem equitable and just, and such assessment shall be lien upon any property of said corporation or company in the city of Plainfield, and may also be enforced in the same manner as the assessment upon such owners of land and real estate benefited thereby. - 63. And be it enacted. That whenever any ordinance shall be passed by the common council for making any improvements or per- forming any work in relation to the opening, altering or widening of any street, the construction of any sewer or drain, the widening, leveling, grading, curbing, guttering, paving, flagging, graveling or planking any street or sidewalk, all further action which may be necessary to carry out and complete such improvement or work, and all orders relating thereto, may be done by resolution and not by ordinance. 64. And be it enacted. That no street, road, highway or alley. 28 or any portion thereof within said city shall be paved or macada- mized by any process or with any material, whether patented or not, against the written remonstrance of a majority of all the front- age ownership of land lying on said street, or portion of a street, road, highway or alley proposed to be thus improved, and that when- ever the common council of said city shall determine to cause any street, or section of any street, road, highway or alley to be paved or macadamized, then a majority in interest, as specified in this sec- tion, may agree with the contractor or contractors for doing the work as to the price to be paid for the proposed improvement, and such stipulated amount as agreed upon shall be the price paid for the work when completed. Provided, however, the agreement as to the price to be paid between the property owners and the contractor or contractors shall be made within the time fixed in the ordinance adopted by the com- mon council providing for the contemplated improvement, and if for any reason the property owners fail to agree with the contractor or contractors within the time specified in the ordinance, as aforesaid, then it shall be lawful for the common council to make the contract with the contractor or contractors, and order the work done. 65. And be it enacted. That whenever the common council of said city shall determine to cause any street improvement to be made which shall contemplate the use of any patented process or mater- ials, and the owners of one-half of the property in running feet along the line of the intended improvement shall remonstrate, in writing, against the use of any specified patent, in making such improvement, or petition for the use of any specified patent, the said common council shall cause the said work to be done in accordance with the request of such proportions of owners. 66. And be it enacted. That this act shall be taken and deemed to be a public act, and may at any time be amended, altered or appealed by the legislature of this state; provided, that all amend- ments or alterations relating to the raising of money by loan or taxation shall before taking effect, be submitted to the electors of said city, and be approved by a majority thereof, voting by ballot, at an election held in conformity with the requirements of this act relating to annual elections. 67. And be it enacted. That all laws and parts of laws incon- sistent with the provisions of this act be and the same are hereby repealed; but this repeal shall not affect any proceeding had or commenced under the same when this act takes effect, nor any rights or dues which the City of Plainfield or any person or persons were entitled to by virtue thereof. 68. And be it enacted. That this act shall take effect imme- diately. 29 CHARTER SUPPLEMENT Approved April 1, 1873. P. L. 1873. P. 482. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That for the violation of any of the ordinances of said city there may be imposed a fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days, or either fine or imprisonment, as the court having jurisdiction may decide and whenever an imposed fine is twenty dollars or under there shall not be granted a trial by jury.* 2. And be it enacted, That official oaths or affirmations under the charter to which this is a supplement, may be administered by either the mayor or city judge, and all such oaths or affirmations shall be taken within ten days after the day of election or appoint- ment. 3. And be it enacted. That the duly elected members of the common council of said city shall meet in the council chamber on the first Monday in January, at the hour of eight o’clock p. ni., for the purpose of organizing for the transaction of business, and should the said common council not then organize, it shall be the duty of the city clerk to call the members together for that purpose within ten days thereafter. 4. And be it enacted. That the city assessor shall with strict impartiality assess taxes upon all persons and property within the said city, between the first day of May and the first day of July, annually, and the city collector shall collect the same between the first day of July and the first day of September, annually, and shall on the first Monday in September, annually, return to the city judge the names of all delinquents with the sums due from them respectively; and the time for the commissioners of appeal in cases of taxation to meet shall be on the fourth Tuesday in July, annually. 5. And be it enacted. That fourteen days from the date of first publication shall be sufficient public notice of the intended adoption by the common council of any ordinance, supplement or regula- tions. 6. And be it enacted. That in addition to the mayor of said city it shall be lawful for the city judge by direction of the common council, to issue a warrant as section forty-three of the act to which this is a supplement provides. 7. And be it enacted. That each and every ordinance or sup- plement when approved by the mayor or finally adopted by the common council, shall be of legal effect ten days after the date of one publication thereof in each of the official newspapers printed in said city. *See Sec. 3, Charter Supplement, 1874. 30 8. And be it enacted, That the city judge shall have all the rights, powers and jurisdiction that justices of the peace have for the trial of civil actions before them; he shall be elected to serve for three years; his court shall be a court of record, the proceedings in which shall be the same as in courts for the trial of small causes and subject to the same laws as far as applicable; judgments ren- dered in said court may be appealed from in all cases in which appeals are allowed in courts for the trial of small causes in the same manner, and the common council shall provide a suitable and convenient place where the court of the city judge may be held.* 9. And be it enacted, That the common council of said city may provide by a general ordinance that if any party be convicted of violating any of its ordinances, and shall fail or neglect to pay the fine prescribed for such violation and the costs of suit within two days after conviction, the city judge may in his discretion cause •such party to be committed to the county jail until such fine and the costs are paid or for any period not exceeding ten days,t but this contingency alone shall not entitle any party to a jury trial. 10. And be it enacted. That no writ of certiorari shall be granted unless the party applying therefor shall present to the cir- cuit judge and file with the clerk of the court, before the issuing of the writ, a statement under oath, of the reasons on which the application for the writ is based, and the argument on the writ shall be had only on such reasons and at the same term of court to which It is made returnable, unless the court or judge granting such writ shall allow further time. 11. And be it enacted. That all laws and parts of laws incon- sistent with the provisions of this act be, and the same are hereby repealed. 12. And be it enacted. That this act shall be deemed and taken to be a public act and shall take effect immediately. CHARTER SUPPLEMENT Approved March 18, 1874 — P. Tj. 1874, p. 302. 1. Be it enacted by the Senate and General xlssembly of the ■state of New Jersey, That the mayor shall nominate and, by and with the advice and consent of the common council, appoint all of- ficers of the city not required to be elected, except city clerk and janitor of the council chamber, and that no evidence of indebtedness against the city shall be valid unless signed by him. * See Sec. 7, Charter Supplement, 1874. t Sixty days’ imprisonment — Sec. 3, Charter Supplement, 1874. 31 2. And be it enacted. That the common council shall have full -power to pass ordinances: To prevent and punish injuries to public lamps: To abate or remove nuisances of every kind, and to compel the owner or occupants of any lot, house, building, shed or place, wherein may be carried on any business or calling, or in or upon which there may exist any matter or thing which is or may be detrimental to the health of the inhabitants, to cleanse, remove or abate the same, from time to time, as often as they may deem necessary at the ex- pense of the owner or occupants thereof: To offer and pay rewards for the apprehension and conviction of persons engaged in the commission of crime, or in violation of any of the city ordinances. Every conviction had before the city judge, either with or with- out a jury trial, shall be reviewed by writ of certiorari and not otherwise; such writ to be allowed, heard and determined by the presiding judge of the circuit court of Union county. 3. And be it enacted, That the common council may prescribe by ordinance what shall be the extreme penalty for each violation of any of its ordinance what shall be the extreme penalty for each violation of any of its ordinances; such penalty shall not exceed one hundred dollars fine, or sixty days’ imprisonment, or both, and the • court having jurisdiction of suits brought for the enforcement of said ordinances may, in its discretion, impose the same or any less penalty than that prescribed by said common council; and if the fine imposed be not paid, the party convicted of any such violation may be committed by the judge of said court, in his discretion, to the -city or county jail, or such other place as the common council may provide, for any period not exceeding twenty days; no judgment for the violation of any ordinance shall be reversed for any imperfection, omission, defect in or lack of form, nor for any error except such as shall or may have prejudiced the defendant in maintaining his de- fence upon the merits. 4. And be it enacted. That it shall and may be lawful for the common council of said city to order and cause to be assessed and collected by tax in any one year, for the current expenses of said city and all other objects and purposes authorized by the act to which this is a supplement not otherwise and specially provided for, such sum of money as a percentage of forty cents on each hundred dollars of assessed valuation upon all persons and property within said city will produce, which sum of money shall be-in lieu of all other taxation authorized or contemplated by the act to which this is a supplement, and shall be assessed upon the same basis of valua- tion and collected in the same manner as the assessors and collec- 32 tors of townships are or may be by law required to assess and colloct the state and county taxes, and which money, when collected, shall be paid into the hands of the treasurer of said city and be hold by him subject to the order of said common council, and in no event shall the percentage of taxation herein named be increased, but the same may be reduced at the pleasure of the said common council. 5. And be it enacted, That it shall be lawful for the common council of said city to authorize and direct the mayor and city treas- urer to borrow on the credit and in the name of said city, in antici- pation of the collection of taxes in any one year the sum of seven thousand dollars five hundred dollars, and every such temporary loan shall be fully paid and redeemed out of the moneys first re- ceived from the year’s tax collection so anticipated. 6. And be it enacted, That sections seventeen, twenty-six and twenty-seven of the act to which this is a supplement be and the same are hereby repealed; provided, sections four and five of this are ratified by a popular vote, and all other parts of said act and supplements thereto inconsistent with the provisions of this act, be and the same are hereby repealed. 7. And be it enacted. That the name of the court in which the City Judge shall hear causes, shall be called the City Court of Plain- field; in proceedings for the enforcement of city ordinances; he shall have the same powers as in the trial of civil actions; the impression of a seal, the device of which shall be prescribed by the common council,* upon any process or paper signed by him shall be sufficient for all purposes, at the time' specified in any process returnable be- fore him or to which any matter was adjourned he may proceed to hear and dispose thereof; whenever it shall be necessary to give evi- dence of a judgment or other proceedings before him the entry of such judgment or other proceeding on his docket or a transcript thereof, certified by him under his hand and seal, shall be sufficient evidence thereof. 8. And be it enacted. That wherever, in sections fourteen, fifty- four, fifty-five, fifty-seven, sixty and sixty-two, of the act to which this is a supplement, the words “paving or macadamizing’’ or the words “paved or macadamized’’ are used the same shall read “paving, graveling or macadamizing,” or “paved, graveled or macadamized,” as the case may be. 9. And be it enacted. That where the words “six months” occur in the last paragraph of section forty-four of the act to which this is a supplement, the same shall be altered so as to read “sixty days.” 10. And be it enacted. That the last paragraph of section forty- three of the act entitled “An act to amend the Charter of the City of * Device adopted April 1.3, 1874. 33 Plainfield,” approved April fourth, one thousand eight hundred and seventy-two, is hereby amended by substituting the words “forty-one” for the words “forty-two.” 11. And be it enacted, That hereafter the Commissioners ap- pointed to estimate and assess the damages that any owner or owners of lands or real estate, with the appurtenances will sustain, by open- ing and laying out, altering or widening any street, road, highway or alley in the city of Plainfield, shall also ascertain all other necessary expenses, incident to such laying out, opening, altering or widening, and shall also discharge and perform all other duties now required to be performed by the commissioners provided'for by section forty- three of the act to which this is a supplement. 12. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately, except so much thereof as relates to the raising of money by taxation and loans, which portion shall become of effect when ratified by a majority of the ballots cast by the legally qualified voters of said city, at an elec- tion to be regularly called 'and held by direction of said common council. 13. And be it enacted. That all laws and parts of laws incon- sistent with the provisions of this act be and the same are hereby repealed. 34 AN ACT FOR THE RELIEF OF THE CITY^ OF PLAINFIELD. Approved March 19, 1874. P. L. 1874, p. 330. Supplement to an Act to Amend the Charter of the City of Plain- field, approved April Fourth, One Thousand Eight Hundred and Seventy-two. Approved March 18, 1874. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever by reason of any informality or illegality in any proceedings of the common council of the city of Plainfield, or of the commissioners of assessments, surveyors, or other agent of the common council or officers of the city, in laying out, opening, altering, widening, or closing streets, avenues, or pub- lic squares, or in grading, altering the grade, paving, curbing, gut- tering and flagging the sidewalks of any street or avenue, or con- structing any sewer or drain, any assessments shall be set aside by judicial authority, it shall be lawful for the common council to re- institute the proceedings set aside upon the same basis upon which the original proceedings were based, or otherwise if they shall see fit so to do and lawfully proceed therein the same as though the former proceedings had not been had, or the said common council may rein- stitute said proceedings from the point where such informality or il- legality may have been so decreed, and whenever the common coun- cil shall discover that any such proceedings are liable to be set aside by judicial authority they may reinstitute said proceedings from the point where such informality or illegality commences and no assess- ment shall be deemed invalid in consequence thereof, but no writ of certiorari shall be allowed or issue to remove and assessment made upon the owner or owners of land and real estate for any work or im- provement made or to be made, unless the same be applied for within six months after the confirmation of such assessment by the com- mon council of said city, and this section shall apply as well to all proceedings heretofore set aside by judicial authority by reason of any informality or illegality as to those which may hereafter be so set aside. 2. And be it enacted. That this act shall take effect immed- iately. Approved March 19, 1874. 35 AN ACT IN RELATION TO THE EXTENSION OF THE BOUNDARIES OF THE CITY OF PLAINFIELD. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the limits of the City of Plainfield shall be and the same are hereby extended on the northeasterly line by con- tinuing the said line in the center of the Terrell road in a south- easterly direction to the center of the road intersecting the same at the Jackson school-house; thence along the center of said last men- tioned road in a southwesterly direction to the road known as the extension of Leland avenue; thence in a southerly course to the in- tersection of the Randolph road with the Short Hill road; and also to extend the southwesterly boundary of said city so as to include within the city limits all that portion of the township of Plainfield lying between the present southwesterly boundary of said city and the counties of Somerset and Middlesex. 2. And be it enacted, That the township of Plainfield is hereby abolished; that the assessor and collector of said township elected or appointed shall remain in and perform the duties of their re- spective offices for the term for which they were elected or appoint- ed, after which the assessor and collector of said city shall have the same powers and perform the duties as the assessor and collector of said township are now required to perform. 3. And be it enacted. That this act shall take effect immed- iately. Approved March 6, 1878. t GENERAL ORDINANCES of the CITY of PLAINFIELD, N. J. EXCLUSIVE of the BUILDING CODE IN EFFECT JANUARY 1, 1912 PUBLISHED by AUTHORITY of the COMMON COUNCIL GENERAL ORDINANCES OF THE CITY OF PLAINFIELD IN EFFECT JANUARY 1ST, 1912. An Ordinance Dividing the City of Plainfield into Wards. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the City of Plainfield is hereny divided into four wards. Sec. 2. That the first ward shall comprise all the territory, and its inhabitants, in the City of Plainfield lying northwest of the cen- ter line of the right of way of the Central Railroad of New Jersey, and northeast of a line running from the intersection of the center line of Cherry street, or Park avenue, with the Central Railroad of New Jersey to the central line of Front street, and thence along the center line of Front street to its intersection with the center line of Somerset street, and thence along the center line of Somerset street to the boundary line of the city in the middle of Green Brook. Sec. 3. That the second ward shall comprise all the territory, and its inhabitants, in the City of Plainfield lying southeast of the center line of the right of way of the Central Railroad of New Jer- sey and northeast of the central line of Cherry street, or Park ave- nue, from its intersection with the Central Railroad southeasterly to the city boundary line. Sec. 4. That the third ward shall comprise all the territory, and its inhabitants, in the City of Plainfield lying southeast of the center line of Fourth street and southwest of the center line of Cherry street, or Park avenue, in said city. Sec. 5. That the fourth ward shall comprise all the territory, and its inhabitants, in the City of Plainfield lying northwest of the center line of Fourth street and southwest of the center line of Cherry street, or Park avenue, commencing where the same inter- sects the center line of Fourth street and running thence to the center of Front street, and thence continuing along the center of 39 Front street to the intersection of Somerset street; and thence along the center of Somerset street to the boundary line of the city in the middle of Green Brook. Sec. 6. That at the annual city or charter elections hereafter held in the City of Plainfield, there shall be elected by and from among the inhabitants of each of the said wards two counCilmen, one Justice of the Peace, if there is a vacancy in the office of Justice of the Peace in said ward to be filled at such election, one J udge of Election, one Clerk of Election and two Inspectors of Election for each of the polling districts in said wards; and there shall also be elected by and from among the inhabitants of the city at large three Conncilmen and the other general city officers whose election is not herein specifically provided for by wards.* Approved July 12, 1881. Amended by Ordinance approved July 7, 1909. An Ordinance Fixing the Boundaries of Election Distidcts, The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the First Ward of the City of Plainfield is hereby divided into four election districts with boundaries as here- inafter specified to be known respectively as the first, second, third and fourth election districts of the First Ward. Sec. 2. The first election district of the First Ward shall in- clude all the territory and the inhabitants thereof contained in that portion of the First Ward which is bounded and described as follows: Beginning at the intersection of the center line of Park Avenue and the center line of the right of way of the Central Railroad of New Jersey, and running thence in a northeasterly direction along the center line of said right of way to the center line of Washington Street; thence along the center line of Washington Street in a north- westerly direction to the center line of East Front Street; thence along the center line of East Front Street in a southwesterly direc- tion to the center line of Elm Place; thence along the center line of Elm Place in a northwesterly direction to the City Line in Green Brook; thence along the City Line in Green Brook in a southwesterly direction to the center line of Somerset Street; thence along the cen- ter line of Somerset Street in a southeasterly direction to the center line of Front Street; thence along the centre line of Front Street in a northeasterly direction to the center line of Park Avenue; thence along the center line of Park Avenue in a southeasterly direction to * See P. L. 1883, p. 38. P. L. 1908, p. 129. 40 the center line of the right of way of the Central Railroad of New Jersey, the point or place of beginning. Sec. 3. That the second election district of the First Ward shall include all the territory and the inhabitants thereof contained in that portion of the First Ward bounded and described as follows: Beginning at the intersection of the center line of Elm Place and the City Line in Green Brook and thence running in a south- easterly direction along the center line of Elm Place to the center line of East Front Street; thence along the center line of East Front Street in a northeasterly direction to the center line of Washing- ton Street; thence along the center line of Washington Street in a southeasterly direction to the center line of East Third Street; thence along the center line of East Third Street in a northeasterly direction to the center line of Richmond Street; thence along the center line of Richmond Street and Norwood Avenue in a north- westerly direction to tJie City Line in Green Brook; thence along the City Line in Green Brook in a southwesterly direction to the center line of Elm Place, the point or place of beginning. Sec. 4, That the third election district of the First Ward shall include all the territory and the inhabitants thereof contained in that portion of the First Ward which is bounded and described as follows: Beginning at the intersection of the center line of Norwood Avenue and the City Line in Green Brook; thence along the center line of Norwood Avenue and Richmond Street in a southeasterly direction to the center line of East Third Street; thence along the center line of East Third Street in a southwesterly direction to the center line of Washington Street; thence along the center line of Washington Street in a southeasterly direction to the center line of the right of way of the Central Railroad of New Jersey; thence along the center line of the right of way of the Central Railroad of New Jersey in a northeasterly direction to the center line of Berck- man Street;- thence along the center line of Berckman Street, in a northwesterly direction to the center line of East Front Street; thence along the center line of East Front Street in a northeasterly direction to the center line of Farragut Road; thence along the center line of Farragut Road in a northwesterly direction to the City Line in Green Brook; thence along the City Line in Green Brook in a southwesterly direction to the center line of Norwood Avenue, the point or place of beginning. Sec. 5. That the fourth election district of the First Ward shall include all the territory and the inhabitants thereof contained in that portion of the First Ward lying northeast of the center line of Farragut Road and the center line of Berckman Street, and south- 41 east of the center line of East Front Street between Farragut Road and Berckman Street, being all that portion of the First Ward not included in the First, Second and Third Districts thereof. Sec. 6. That the Second Ward of the City of Plainfield is here- by divided into four election districts with boundaries as hereinaf- ter specified to be known respectively as the first, second, third and fourth election districts of the Second Ward. Sec. 7. That the first election district of the Second Ward shall include all the territory and the inhabitants thereof contained in that portion of the Second Ward bounded and described as follows; Beginning at the intersection of the center line of Park Avenue and the center line of the right of way of the Central Railroad of New .Jersey and running thence in a southeasterly direction along the center line of Park Avenue to the center line of Cedar Brook; thence in a northerly direction along the center line of Cedar Brook to the center line of Watchung avenue; thence in a westerly direc- tion along the center line of Watchung Avenue to the center line of Franklin Place; thence in a northerly direction along the center line of Franklin Place to the center line of East Seventh Street; thence in a southwesterly direction along the center line of East Seventh Street to the center line of Washington Street; thence in a northwesterly direction along the center line of Washington Street to the center line of the right of way of the Central Railroad of New Jersey; thence in a southwesterly direction along the center line of the said right of way to the center line of Park Avenue, the point or place of beginning. Sec. 8. That the second election district of the Second Ward shall include all the territory and inhabitants thereof contained in that portion of the Second Ward bounded and described as follows: Beginning at the intersection of the center line of Park Avenue and the center line of Cedar Brook and running thence in a south- easterly direction along the center line of Park Avenue to the City Line; thence in an easterly, northerly and northeasterly direc- tion along the City Line to a point where the same would be inter- sected by the center line of Putnam Avenue if extended; thence in a westerly direction along the center line of Putnam Avenue as thus extended and as opened to the center line of Franklin Place; thence in a southerly direction along the center line of Franklin Place to the center line of Watchung Avenue; thence in an east- erly direction along the center line of Watchung Avenue to the center line of Cedar Brook; thence in a southwesterly direction along the center line of Cedar Brook to the center line of Park Avenue, the point or place of beginning. Sec. 9. That the third election district of the Second Ward shall 42 include all the territory and the inhabitants thereof contained in that portion of the Second Ward which is bounded and described as follows: Beginning at the intersection of the center line of Washington Street and the center line of the right of way of the Central Rail- road of New Jersey; thence in a southeasterly direction along the center line of Washington Street to the center line of East Seventh Street; thence in a northeasterly direction along the center line of East Seventh street to the center line of Franklin Place; thence in a southeasterly direction along the center line of Franklin Place to the center line of Putnam Avenue; thence along the center line of Put- nam avenue in an easterly direction to the center line of Berckman Street as projected; thence in a northwesterly direction along the center line, of Berckman Street as projected and as opened to the center line of the right of way of the Central Railroad of New Jer- sey; thence in a southwesterly direction along the center line of the right of way of the Central Railroad of New Jersey to the center line of Washington Street, the point or place of beginning. Sec. 10. That the fourth election district of the Second Ward shall include all the territory and the inhabitants thereof contained in that portion of the Second Ward which is bounded and described as follows: Beginning at a point in the center line of Berckman Street where the same intersects the center line of the right of way of the Central Railroad of New Jersey; thence running, in a southeasterly direction along the center line of Berckman Street as opened and as projected to the center line of Putnam Avenue; thence in easterly direction along the center line of Putnam Avenue as the same would run if extended in its present course to the City Line; thence in a northeasterly and northwesterly direction along the City Line to the center line of the right of way of the Central Railroad of New Jersey; thence in a southwesterly direction along the center line of the right of way of the Central Railroad of New Jersey to the center line of Berckman Street, the point or place of beginning. Sec. 11. That the Third Ward of the City of Plainfield is here- by divided into four election districts with boundaries as herein- after specified to be known respectively as the first, second, third and fourth election districts of the Third Ward. Sec. 12. That the first election district of the Third Ward shall include all the territory and the inhabitants thereof contained in that portion of the Third Ward which is bounded and described as follows: Beginning at the intersection of the center line of Fourth Street and the center line of Park Avenue; running thence along^ 43 the center line of Park Avenue in a southeasterly direction to the center line of West Seventh Street; thence southwesterly along the center of West Seventh Street to the center line of Plainfield Avenue; thence northwesterly along the center line of Plainfield Avenue to the center line of Fifth Street; thence northeasterly along the center line of Fifth Street to the center line of Liberty Street; thence northwesterly along the center line of Liberty Street to the center line of Fourth Street; thence northeasterly along the center line of Park Avenue, the point or place of beginning. Sec. 13. That the second election district of the Third Ward shall include all the territory and inhabitants thereof contained in that portion of the Third Ward which is bounded and described as follows: Beginning at the intersection of the center line of Park Ave- nue and the center line of Seventh Street; running thence along the center line of Park Avenue in a southeasterly direction to the City Line; thence in a westerly direction along the City Line to the center line of Plainfield Avenue; thence in a northerly and north- westerly direction along the center line of Plainfield Avenue to the center line of West Seventh Street; thence in a northeasterly di- rection along the center line of West Seventh Street to the center line of Park Avenue, the point or place of beginning. Sec. 14. ^That the third election district of the Third Ward shall include all the territory and inhabitants thereof contained in that portion of the Third Ward which is bounded and described as follows: Beginning at the intersection of the center line of Fourth Street and the center line of Liberty Street; running thence along the cen- ter line of Fourth Street in a southwesterly direction to the center line of Grant Avenue; thence in a southeasterly and southerly direc- tion along the center line of Grant Avenue to the City Line; thence in an easterly direction along the City Line to the center line of Plainfield Avenue; thence along a northerly and northwesterly direc- tion along the center line of Plainfield Avenue to the center line of West Fifth Street; thence in a northeasterly direction along the center line of West Fifth Street to the center line of Liberty Street; thence in a northwesterly direction along the center line of Libery Street to the center line of Fourth Street, the point or place of be- ginning. Sec. 15. That the Fourth election district of the Third Ward shall include all the territory and inhabitants thereof contained in that portion of the Third Ward which is bounded and described as follows: Beginning at the intersection of the center line of Fourth 44 Street and the center line of Grant Avenue; running thence along the center line of Fourth Street in a southwesterly direction to the City Line; thence in an easterly direction along the City Line to the center line of Grant Avenue; thence in a northerly and northwest- erly direction along the center line of Grant Avenue to the center line of Fourth Street, the point or place of beginning. Sec. 16. That the Fourth Ward of the City of Plainfield is hereby divided into six election districts with boundaries as here- inafter specified to be known respectively as the first, second, third, fourth, fifth and sixth election districts of the Fourth Ward. Sec. 17. That the first election district of the Fourth Ward shall include all the territory and inhabitants thereof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the center line of Somerset Street and the City Line in Green Brook; thence along the center line of Somerset Street in a southeasterly direction to the center line of Front Street; thence northeasterly along the center line of Front Street to the center line of Park Avenue; thence south- easterly along the center line of Park Avenue to the center line of West Fourth Street; thence southwesterly along the center line of West Fourth Street to the center line of New Street; thence north- westerly along the center line of New Street to the center line of West Front Street; thence southwesterly along the center line of West Front Street to the center line of Washington Avenue; thence northwesterly along the center line of Washington Avenue to the City Line in Green Brook; thence northeasterly along the City Line in Green Brook to the center line of Somerset Street, the point or place of beginning. Sec. 18. That the second election district of the Fourth Ward shall include all the territory and inhabitants thereof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the City Line in Green Brook and the center line of Washington Avenue, thence southeasterly along the center line of Washington Avenue to the center line of West Front Street; thence northeasterly along the center line of West Front Street to the center line of New Street; thence south- easterly along the center line of New Street to the center line of West Fourth Street; thence southwesterly along the center line of West Fourth Street to the center line of Plainfield Avenue; thence northwesterly along the center line of Plainfield Avenue to the center line of West Front Street; thence southwesterly along the center line of West Front street to the center line of Geraud 45 Avenue; thence northwesterly along the center line of Geraud Ave- nue to the City Line in Green Brook; thence northeasterly along the City Line in Green Brook to the center line of Washington Ave- nue, the point or place of beginning. Sec. 19. That the third election district of the Fourth Ward shall include all the territory and inhabitants thereof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the center line of Geraud Ave- nue and the City Line in Green Brook; thence southeasterly along the center line of Geraud Avenue to the center line of West Front Street; thence northeasterly along the center line of West Front Street to the center line of Plainfield Avenue; thence southeasterly along the center line of Plainfield Avenue to the center line of West Fourth Street; thence southwesterly along the center line of West Fourth Street to the center line of Grant Avenue; thence north- westerly along the center line of Grant Avenue and the center line of West End Avenue to the City Line in Green Brook; thence northeasterly along the City Line in Green Brook to the center line of Geraud Avenue, the point or place of beginning. Sec. 20. That the Fourth election district of the Fourth Ward shall include all the territory and inhabitants theerof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the City Line in Green Brook and the center line of West End Avenue; thence southeasterly along the center line of West End Avenue and the center line of Grant Avenue to the center line of the right of way of the Central Rail- road of New Jersey; thence southwesterly along the center line of said right of way of the Central Railroad of New Jersey to the City Line; thence westerly along the City Line to the City Line in West Front 'Street; thence southwesterly along the City Line in West Front Street to the City Line in Jefferson Avenue; thence northwesterly along the City Line in Jefferson Avenue to the City Line in Green Brook; thence northeasterly along the City Line in Green Brook to the center line of West End Avenue, the point or place of beginning. Sec. 21. That the fifth election district of the Fourth Ward shall include all the territory and inhabitants thereof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the center line of Grant Ave- nue and the center line of West Fourth Street; thence southwesterly along the center line of West Fourth Street to the center line of 46 Monroe Avenue; thence northwesterly along the center line of Mon- roe Avenue to a point where the same would intersect the center line of the right of way of the Central Railroad of New Jersey if extended; thence northeasterly along the center line of said right of way of the Central Railroad of New Jersey to the center line of Grant Avenue; thence southeasterly along the center line of Grant Avenue to the center line of West Fourth Street, the point or place of beginning. Sec. 2 2. That the sixth election district of the Fourth Ward shall include all the territory and inhabitants thereof contained in that portion of the Fourth Ward which is bounded and described as follows: Beginning at the intersection of the center line of West Fourth Street and the center line of Monroe Avenue; thence northwest- erly along the center line of Monroe Avenue to a point where the same would intersect the line of the right of way of the Central Railroad of New Jersey if extended; thence southw'esterly along the center line of said right of way of the Central Railroad of New Jersey to the City Line; thence easterly along the City Line to the center line of West Fourth Street; thence northeasterly along the center line of West Fourth Street to the center line of Monroe Avenue, the point or place of beginning. Sec. 23. That an ordinance entitled “An Ordinance to Re- adjust the Boundaries of Election Districts,” approved December 29, 1897, as amended, and all other ordinances or parts of ordinances which conflict with any of the provisions of this ordinance, be and the same are hereby repealed. Adopted by the Common Council June 5, 1911; approved by the Mayor June 6, 1911. GEORGE W. V. MOY, Attest: Mayor. J. T. MacMURRAY, City Clerk. An Ordinance to Regulate the Appointment and Tenure of Office of Appointable Officers. The Inhabitants of the City of Plainfleld, by their Common Council, do enact as follows: Section 1. It shall be the duty of the Mayor to nominate to the Common Council, and, subject to its approval, appoint on the first day of January in each year, a suitable person for each officer of the city, appointable by the Mayor, by and with the advice and consent of the Common Council; and every person so nominated and 47 appointed for any city' office, when confirmed by the Common Coun- cil, and officially qualified, shall enter upon the duties of the office to which he is nominated and appointed, and unless sooner removed shall continue in such office until the first day of January next ensu- ing, or until the confirmation of another person nominated and ap- pointed to succeed him. Sec. 2. If any nomination and appointment by the Mayor for any city officer shall, upon vote thereon of the Common Council be not confirmed, or in case any vacancy in any city office shall occur at any time, it shall be the duty of the Mayor to nominate to the Common Council, and subject to its approval, appoint at each suc- -ceeding regular or adjourned meeting a different person for such of- ^ fice, not before nominated for such office during the then current year, until a nomination or appointment for such office shall be con- firmed. Sec. 3. Any city officer nominated and appointed by the Mayor and confirmed by the Common Council may upon complaint of any citizen be removed from office at any time by the affirmative vote of a majority of the members of the Common Council, for neglect of duty or misconduct in office; but before any such removal, the offi- cer charged with any such neglect or misconduct shall be informed of the complaint against him, and, if he so desire, shall have an op- portunity to be heard concerning the same before the Common •Council at such time and place as the Common Council may appoint and designate for that purpose. Sec. 4. All ordinances and resolutions and parts of ordinances and resolutions, which conflict with any of the provisions of this ^ordinance, are hereby repealed and abrogated. Sec. 5. This ordinance shall take effect immediately. Approved December 13, 1877. Amended by Ordinances approved August 5, 1884, and June 7, 1910. An Ordinance to Create and Define the Duties of a Board of Police and a Police Force. (As Amended.) The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. The Mayor, the President of the Common Council, and the Committee on Police shall constitute a Board of Police, which Board shall possess such powers and perform such duties as are herein prescribed. Sec. 2. The Board of Police may hold such meetings at such times and places as they may determine and appoint, and shall have 48 full authority and control over the city jail and other buildings used for police purposes, and over the entire police force, subject, how- ever, to the ultimate control of the Common Council. The said Board of Police shall have power to hear and determine complaints against policemen charging misconduct or disobedience of any of the rules and regulations established or which may be established for the police force or police department, and in case of conviction, the said Board of Police may order deduction from the pay of the police- man so convicted, not exceeding five dollars for each offense and the deduction so ordered shall be made from the next installment of salary to fall due to such policeman. Sec. 3. The Police Force shall consist of such number of regu- lar and special policemen, each of whom shall be a resident and legally qualified voter of this city, as the Common Council shall from time to time deem necessary and by resolution order to be appointed. The said Police Force shall rank as follows: Chief of Police, Captain, Sergeant, Detective-Sergeant, Roundsmen, Patrol- men, Doorman. The duties of the several members and officers of said Police Force shall be those prescribed by the laws of the State, the ordi- nances of the city and the rules and regulations”lhat may from time to time be prescribed and established by resolution of the Common Council for the better government and discipline of the Police De- partment. The Patrolmen shall be divided into five (5) classes: Class A — Fifth year of service and over. Class B — Fourth year of service. Class C — Third year of service. Class D — Second year of service. Class E — First year of service. Provided, that the Common Council upon recommendation of the Police Board may advance a Patrolman from a lower to a higher class for especially good work or meritorious service, whether he shall have served his full time, specified above, or not. That beginning with the first day of January, 1908, the salaries of the members of the force who are regular Policemen be and are hereby fixed at the following rates, that is to say: Chief $1,600 per annum Captain 1,200 per annum Sergeant 1,140 per annum Detective-Sergeant 1,140 per annum Roundsmen 1,080 per annum Patrolmen: Class A $1,000 per annum Class B 960 per annum Class C '. 924 per annum 49 Class D 86 4 per annum Class E 7 92 per annum Doorman 720 per annum The times from which the several dates of service in the police department of the city are to he calculated, are the dates at which the continuous service of said policemen, respectively, commenced, and said Sergeant, Detective-Sergeant, Roundsmen, Patrolmen and Doorman, respectively, shall be paid at said rates for the number of full days only of service actually performed by them respectively. In each month, except that they severally may, at the discretion of the Board of Police, be paid for any time during which they sever- ally shall be disabled from the performance of duty by reason of physical injuries, provided that the Board shall be satisfied that such injuries were the direct result of personal violence inflicted upon them, respectively, in the performance of their respective duties; and provided further that any member of the force who is temporar- ily absent from duty because of sickness or disability of any nature, shall receive full pay during the first two weeks of such absence or disability, and half pay during the following two weeks, and if such illness or disability should extend over a longer period than four weeks, it shall be necessary for the Common Council to provide by resolution for any further payment of salary to such officer; and hereafter, each of such officers and policemen shall provide, at his own expense all uniforms and other wearing apparel necessary for their use respectively, as from time to time required by the Board of Police in compliance with the rules of the Department. Sec. 4. The police force shall be under the general supervision and direction of the said Board of Police, and no person not a mem- ber of the police force, duly nominated and appointed by the Mayor, with the advice and consent? of the Common Council, shall at any time be permitted to exercise any authority or control over the City ^ jail or any building used for police purposes, or over or concerning any person confined therein, or over any member of the police force, or to perform any police duty save as is in this ordinance otherwise specially provided. Sec. 5. Each of the regular policemen shall devote all his time to the duties of his office, and shall be vigilant in detecting and ar- resting all offenders against any city ordinance or any law of the state within said city and in preserving the public peace and pro- tecting the rights of persons and property, and when on duty shall wear such dress or badge as the Board of Police may designate, but no service shall be required of special policemen excepting when called for by the Mayor or Board of Police, save in cases of sudden emergencies requiring the performance of police duty, in all which cases such special policemen shall be ready for any detailed service 50 required of them by the Mayor or the Board of Police, or such mem- ber of the regular police as the Board of Police may designate for the time being as Chief of the Police Force. Sec. 6. In case of riot or other sudden emergency, the Mayor, or in his absence any member of the Board of Police, may call into active service with full police powers, such number of extra special policemen as they may deem necessary to suppress such riot or meet such emergency; but the services of such extra policemen shall cease with the occasion which called them into service. Sec. 7. The Ordinance entitled “An ordinance to create and define the duties of a Board of Police and a Police Force,” approved December 13, 1877, is hereby repealed, but this section shall not be construed to revive any ordinance which was repealed by the ordi- nance hereby repealed. Sec. 8. In case any complaint shall be preferred against any policeman, charging him with incapacity, mis-conduct, non-resi- dence or disobedience of the just rules and regulations established or which may be established for the police force or police depart- ment of said city, and the Board of Police shall be of opinion that said charges, if proved, ought to be followed by suspension without pay or removal from office of said policeman, said Board of Police shall thereupon file said complaint or a more formal complaint to be drafted by the Counsel to the Corporation, if said Board shall so direct, in the office of the City Clerk either before or af- ter hearing before the said Board of Police, as said Board of Police may elect, and refer the proceedings thereon to the Common Coun- eil. The Common Council in either case upon receiving the com- plaint shall cause not less than three days’ notice to be given to the person charged, of the time and place, when and where the Com- mon Council will proceed to publicly examine into said charges and to afford the person so charged a fair trial upon said charges and every reasonable opportunity to make his defense if he has or chooses to make any. At the time and place so fixed for such public examination and trial, or at such time or times to which the same shall be adjourned, the said public examination and trial shall be had before the Common Council by the oral examination of such wit- nesses pro and con as may be offered in accordance with the statute in such case made and provided, and in case as the result of trial ^the person so charged shall be found guilty, the Common Council may order deduction of pay, reduction of rank or suspension or re- moval from office. It shall be discretionary with the Common Coun- iCil whether to permit the defense to be conducted by counsel. Sec. 9. That all ordinances and parts of ordinances, so far as ;they are inconsistent herewith, are hereby repealed. Approved February 28, 1882. / 51 Amended by Ordinance — Adopted March 3, 1884; and Re- adopted April 7, 1884, notwithstanding the objections of the Mayor, Amended by Ordinances — Approved July 10, 1896, December 28, 1906, February 4, 1908, and March 24, 1911. An Ordinance to Define the Tenure of Office of Regular Policemen. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the regular policemen of the City of Plainfield now in office, and all who may hereafter be duly appointed thereto, shall severally hold their respective offices as such regular police- men during good behavior, efficiency, and residence in the City of Plainfield, and shall not be removed from the police force for politi- cal reasons, or for any other cause than incapacity, misconduct, non-residence, or disobedience of just rules and regulations estab- lished, or which may be established, for the police force or police department of J:he City of Plainfield, provided that any member of the police force who shall be absent from duty without just cause for the term of five days shall at the expiration of said five days cease to be a member of such police force. Sec. 2. That all ordinances and parts of ordinances so far as they confiict with the provisions of this ordinance be and the same are hereby repealed. Approved December 29, 1898. An Ordinance — A General Ordinance to provide for the payment of pensions to qualified Retired Members of the Police Force of the City of Plainfield. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. Whenever the Common Council shall ascertain and determine, and by resolution adjudge and declare, that any mem- ber of the police force of said city who at the time of the adoption of such resolution shall have honorably served upon the police force of said city for twenty years continuously and reached the age of not less than sixty years is, in the judgment of the Common Council, entitled to be retired upon a pension, said Common Council may thereupon, upon the written request of said member of the police force of said city, and upon receiving and accepting his resignation, adopt a further resolution that such member thereupon be forthwith constituted a retired member of said police force. Sec. 2. That forthwith after receiving and accepting such resig- 52 nation and after the adoption of both of said resolutions provided for in Section 1 of this ordinance, and not otherwise, such retired mem- ber of the police force of said city, constituted as such and desig- nated as such in said resolution, shall be entitled to receive and shall be paid a yearly pension of five hundred dollars, payable in monthly installments, during the term of his natural life. Sec. 3. This ordinance shall take effect ten days after the date of one publication thereof in each of the official newsapers printed in said city. Approved August 1, 1910. An Ordinance to Adopt the Provisions of An Act Entitled, ‘Mn Act Providing for the Pensioning of Police Officers and Policemen in Certain Municipalities of This State,” Approved March 30, 1911. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: , Section 1. That the provisions of an act of the Legislature of the State of New Jersey entitled, “An Act providing for the Pension- ing of Police Officers and Policemen in certain Municipalities of this State,” approved March 30, 1911, are hereby duly adopted by the Common Council of the City of Plainfield. Sec. 2. That all Ordinances or parts of Ordinances in conflict with the provisions hereof are hereby repealed. Approved October 19, 1911. An Ordinance to Provide for the Office of Counsel to the Corporation. Be it ordained and enacted by the Inhabitants of the City of Plain- field, in Common Council assembled, and it is hereby enacted by the authority of the same: Section 1. There shall be an officer of the city appointed an- nually who shall be known as Counsel to the Corporation, and who must at the time of his appointment, have been a resident and en- gaged in the practice of law in the city for at least one year. Approved June 22, 1869. Amended by Ordinance — Approved December 7, 1881. An Ordinance to Prescribe the Duties of the Counsel to the Corpor- ation. Be it ordained and enacted by the Inhabitants of the City of Plain- field, in Common Council assembled, and it is hereby enacted by the authority of the same: 53 Section 1. The Corporation Counsel shall have the charge of, and conduct the law business of the Corporation, and all other law business in which the city shall be interested, when so ordered by the Common Council; and shall have charge of and conduct the legal proceedings necessary in opening, widening or altering streets. Sec. 2. He shall, from time to time, when required advise the Common Council, and their committees and officers, respectively, upon all matters which may be submitted to him for his opinion. Sec. 3. He shall draw such ordinances as may be required of him by the Common Council or any committee thereof. Sec. 4. He shall, when required by the Common Council, pre- pare the draft of any bill to be presented by the Corporation of the City to the Legislature for passage, with a proper memorial for the passage thereof. Sec. 5. He shall prosecute and defend, as the Counsel to the Corporation, all actions which may be brought b}" or against it, or any officer thereof, for or by reason of any matter or duty connected with or growing out of their respective offices, or in which the Cor- poration are interested, in any court in this State, including actions for violations of the ordinances of the Common Council, or arising under the charter of the city, or under the laws of this state, in which the city is interested. Sec. 6. He shall, on the first regular meeting of the Common Council, in the months of November and May, in each year, report to the Common Council the titles of all actions in his hands, prose- cuted or defended by him, and then pending and undetermined, with such other information in respect thereto as he may deem necessary or proper. Sec. 7. He shall keep in proper books to be provided by the Common Council for that purpose, a register of all actions prose- cuted or defended by him, and of all proceedings had therein. Sec. 8. The salary to be paid to the Counsel to the Corporation shall be a full compensation, as between him and the Corporation, for all the services he may be required to render by this ordinance; he shall, nevertheless, be entitled to receive the taxable costs in all actions and proceedings which may be conducted, prosecuted, or de- fended by him as such, counsel. Sec. 9. Upon the expiration of his term of office, or his resig- nation thereof, or removal therefrom, the Counsel to the Corpora- tion shall forthwith, on demand, deliver to his successor in office, all deeds, leases, contracts, and other papers in his hands, belonging to the Corporation or any of its officers, and all papers in actions prosecuted or defended by him, then pending and undetermined, to- gether with his register thereof, and of the proceedings therein, and 54 a written consent of substitution of his successor in all such actions then pending and undetermined. Sec. 10. He shall institute an action in any of the cases in this ordinance mentioned, when instructed to do so by the Common Council or any committee thereof, or upon the complaint of any other person, when in his judgment, the public interest requires that the same shall be prosecuted. Sec. 11. He may, by and with the consent of the Mayor, or the Committee on Laws and Ordinances, compromise with the party complained of, either before or after an action shall have been brought, for any violation of an ordinance of the Common Council, when the penalty does not exceed one hundred dollars, and when in his judgment, the public interest does not require that an action should be prosecuted therefor. Sec. 12. In all actions which he is required to prosecute he shall appear as the attorney and counsel of the corporation. Sec. 13. He shall not bring an appeal in any action in which judgment shall have been given against the corporation, except by direction of the Common Council. Sec. 14. He shall, on the first Monday in the months of No- vember and May, in each year, report to the Treasurer a statement, under oath, of the actions instituted by him and settled before judgment, of the complaints compromised by him in which no action shall have been commenced, and of all actions prosecuted to judg- ment, with the result thereof, whether for or against the corpora- tion, and whether an execution has been issued thereon, and, if so, whether it has been collected, and shall include therein a particular account, item by item, of all penalties or other moneys which he may have received for the corporation, and from whom they were re- ceived, respectively, and on what account, and when paid; he shall also state therein, item by item, an account of officers’ or court fees paid by him, and on what account and when they were, respective- ly, paid; and shall exhibit, at the foot of the account, the balance thereof whether for or against the corporation. t Sec. 15. If the account shall exhibit a balance in his hands in favor of the corporation, he shall forthwith pay over such balance to the Treasurer, and shall thereupon receive from the Treasurer a voucher for the payment thereof, which he shall forthwith exhibit to the City Clerk, and shall, at the same time, leave with him a copy thereof. Sec. 16. If the account exhibit a balance against the corpora- tion, the Treasurer, upon being satisfied of the correctness thereof, shall certify the same, which shall authorize an order to be drawn in accordance with the form set forth in the city ordinance, pre- 55 scribing the duties of the City Treasurer, for the amount of such balance. Sec. 17. Every officer employed by Counsel to the Corporation to serve process in an action brought by him in the name of the cor- poration, shall pay to the Counsel to the Corporation all moneys which he may receive, both for penalties and costs, upon a judg- ment, and the Counsel to the Corporation shall, at least once in every month, pay the officer so employed by him his legal fees and costs. Approved July 26, 1869. An Ordinace to Preserve the Purity of Well Water. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That it shall not be lawful for any person or persons to dig, or cause to be dug, or to use, or permit to be used, within the corporate limits of said city, any sink, cess-pool, or other re- ceptacle for waste, of a greater depth than eight feet below the surface of the ground; or to convert any well into such a receptacle; or to use any well so converted without first filling the same to the required depth of eight feet. Sec. 2. That any person or persons offending against the pro- visions of this ordinance shall, upon conviction thereof, forfeit and pay the sum of twenty dollars for each and every such offence, one- lialf to go to the informer and the other half into the city treasury. And, in addition thereto, it shall be incumbent upon such offending person or persons to thoroughly clean out, or cause to be so cleaned out, and then filled up to the aforesaid established depth of eight feet below the surface of the ground, any such condemned sink, cess-pool, receptacle or well. Sec. 3. That in the event of non-compliance with the conclud- ing portion of the preceding section, at the expiration of fifteen days from the infliction of penalty, it shall be the duty of the Street Commissioner to cause such cleansing and Ailing to be properly done, at the cost of the person or persons so offending, and to place a certified bill of expenses thereby incurred in the hands of the Cor- poration Counsel for collection. Approved November 6, 1872. An Ordinance to Regulate the Digging of Graves. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That no grave for the interment of human remains shall be hereafter dug within said city, of a less depth than six feet 56 below the surface of the ground, when the length of the grave measures five feet or over; and none of a less depth than five feet, when the length measures four feet, or between that and five feet, and none of a less depth than four feet, when the length measures three feet, or between that and four feet. Sec. 2. That the penaltj^ for each violation of this ordinance shall be a fine of ten dollars, to be imposed upon each person so offending. Approved July 16, 1872. An Ordinance to Protect Ice Ponds. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That it shall not be lawful for any person or per- sons to throw or place, or cause to be thrown or placed, upon the ice of any private pond, within the corporate limits of said city, any stones, wood, dirt, rubbish, or offal of any description. Sec. 2. That for every offense against the provisions of this ordinance, each person so offending shall upon conviction thereof, forfeit and pay the penalty of five dollars. Approved December 17, 1872. An Ordinance to Prescribe Conditions to be Complied with Before any Private Streets or Roads Dedicated or Offered for Dedica- tion Shall be Accepted by the City. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That any person or corporation contemplating lay- ing out or locating and constructing any street or road in the City of Plainfield shall before beginning such construction submit to the Street Commissioner, the proposed plans therefor, in which shall be included an accurate designation of the location and grades of such street or streets, road or roads, and the sidewalks thereof, as proposed to be laid out as aforesaid, and the proposed manner of construction. Upon receipt of such plans by said Street Commis- sioner, together with a petition for their approval, said Street Commissioner shall consult with the Committee on Streets of the Common Council, and thereafter give a hearing to said pe- titioners, if they so request; after such hearing said petitioners may alter such plans if they so desire, and request the approval of said Street Commissioner of the plans so altered. If said original or altered plans shall be approved by said Street Commissioner, he shall so indicate therein in writing signed by him 57 and file said plans in his office, and endorse thereon the date of such filing. Unless monuments properly defining the lines of the proposed street or road on any such plan have been already set, hard stone monuments, at least four inches square on top and at least two feet long, shall be forthwith set in sufficient numbers to definitely lo- cate the lines of the proposed street or road. All curved streets or roads shall be laid out with regular curves and sufficient data shall be shown on the maps to enable the streets or roads to be accurately located. 'Such approval of said plans or any other action by said Street Commissioner with respect thereto, or with respect to said proposed streets or roads, shall not operate as an acceptance of the same as public streets or roads, and acceptance of the same as public streets or roads shall not be effected except by ordin- ance of the Common Council, the Common Council hereby reserving full discretion in the premises, and the powers of the Common Council in regard to streets and roads shall not be abri.igei by this ordinance in any manner. Sec. 2. After the passage of this ordinance, no proposed street or road in the City of Plainfield shown on any plan filed and approved by the Street Commissioner as aforesaid shall be laid out, located anew, altered, widened, or changed in grade, ex- cept in accordance with said plans, and no street or road hereto- tofore or hereafter offered for dedication or acceptance by the City shall be accepted otherwise than by ordinance of the Common Coun- cil. If any person or corporation shall hereafter construct or open for public travel any private street or road the location, direction, width and grades of which and the manner of construction there- of have not previously been approved in writing by said Street Commissioner in the method provided in this ordinance, then no public sewer, drain, fire hydrant or street lamp shall be laid or placed in or upon, or any public work of any kind done upon, any such private street or road so constructed or opened for public travel except by ordinance of the Common Council. Sec. 3. The Street Commissioner may in his discretion cause a suitable sign to be erected at any place where any private street or road intersects any public street or road, to indicate that such street or road is not a public highway, but no damages shall be recoverable by any person against the City for any injury al- leged to have resulted from any failure to erect such a sign. Sec. 4. Nothing in this ordinance shall prevent the Com- mon Council or Street Commissioner from permitting suitable sewers laid or to be laid in such private streets or roads by private prop- erty owners to be connected with the sewers of the City. Approved Sept. 10, 1910. 58 An Ordinance Relating to the Duties of the City Clerk Be it ordained and enacted by the Inhabitants of the City of Plain- field, in Common Council Assembled, and it is hereby enacted by the authority of the same: Section 1. It shall be the duty of the City Clerk to have charge of, and keep on file in his office, all of the records, books, papers, contracts and documents of the city. Also to present, or cause to be presented forthwith to the Mayor for his signature, all contracts to which the City of Plainfield may hereafter become a party. It shall be the duty of the City Clerk to act as City Auditor, and to receive for examination, all claims against the City of Plain- field (except for salaries of city officers, which are fixed by the charter or the Common Council) that may be presented for that purpose not less than five days before any regular meeting of the Common Council, and to examine and submit all such claims with his report to the Common Council at the regular meeting thereof ensuing the presentation of such claims. Sec. 2. It shall be the duty of the City Clerk to notify im writing every person who shall be appointed to any office or duty by the Common Council. Sec. 3. It shall be the duty of the City Clerk to enter in- a book, provided for that purpose, with a proper index, all reso- lutions which shall hereafter be adopted by the Common Council. Sec. 4. Every ordinance hereafter ordered to its third reading shall forthwith be properly engrossed by the City Clerk; and all' subsequent action by the Common Council in relation thereto shall be upon such, or a similar engrossed copy. Sec. 5. Whenever an ordinance hereafter shall be ordered to its third reading, it shall be the duty of the City Clerk forthwith to^ cause to be published, in the manner prescribed by the Charter,, notice of the intended adoption of the same. (Sec. 6. Repealed by ordinance approved March 6, 1876.) Sec. 7. All ordinaces of parts of ordinances inconsistent with’ the provisions of this ordinance, shall be and the same are hereby repealed. Approved December 5, 1871. Amended by Ordinance approved December 31, 1888. An Ordinance Relating to the City Physician The Inhabitants of the City of Plainfield, by their Common Council,, do enact as follows: Section 1. There shall be nominated and appointed by the 59 Mayor, subject to confirmation by the Common Council, on the first Monday in February in each year, a competent and resident physician of the city, to be called the City Physician. Sec. 2. He shall, when requested by the Overseer of the Poor, or Chairman of Alms Committee, professionally attend any of the city poor and furnish them needful advice and medicine. And further when required by the Board of Health he shall visit such sick persons as said Board may have charge of in the interest of the public health, and give all necessary assistance in such cases. Sec. 3. In case of any person dying within the City, unat- tended by a physician, he may be required by the Mayor, Chairman of the Alms Committee, or Board of Health, to view the body and furnish a certificate of death, made out on the blank forms pro- vided by the State Board of Health. Sec. 4, He shall present to the Common Council a written re- port on the first Mondays of May, August, November and Febru- ary, giving the names of all the city poor attended by him during the preceding quarter, and stating the character of the disease of said poor persons. Sec. 5. The salary of the City Physician shall not exceed four hundred dollars per annum, payable in like manner as other sal- aried officers of the city, which sum shall be full compensation for all professional services rendered and medicines furnished by him under the provisions of this ordinance. Sec. 6. The ordinance entitled “An ordinance to establish the office of City Physician and to prescribe his duties,” approved July 15, 1876, is hereby repealed, but this section shall not be construed to revive any ordinance which was repealed by the or- dinance hereby repealed. Sec. 7. All ordinances and parts of ordinances, resolutions and parts of resolutions, inconsistent with the provisions of this ordinance are hereby repealed. Approved June 4, 1890. Amended by ordinance approved March 21, 1892. An Ordinance Relating to the Morals, Peace and Good Order of the City of Plainfield The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the several acts and offences in the ordinance herein named are hereby prohibited, and any person found guilty of any of them shall be subject on each conviction thereof to the 60 penalties herein provided for them respectively, which shall be for the use of the City of Plainfield, that is to say: Sec. 2. For disturbing the quiet of the city, or of any lawful assembly of persons, or of any neighborhood, family or person with- in the city by any loud or unnecessary noise with kettles, bells, drums, or other articles, or by shouting, or by using any profane, in- decent or obscene language, or any indecent conduct whatever, or by quarreling, assaulting or fighting, or otherwise disturbing the public peace, any sum not exceeding one hundred dollars, or im- prisonment not exceeding sixty days in the city or county jail, or both fine and imprisonment, at the discretion of the Court before whom a conviction thereof shall be had. Sec. 3. For throwing stones, sticks or any hard, dangerous or offensive substances in or into any street, byway or public place, or at any cars, vehicles, houses, buildings or fences within the city limits, any sum not exceeding one hundred dollars, or imprison- ment not exceeding sixty days in the city or county jail as afore- said. For distributing, strewing about or placing in any street or public place, areaway or yard, or upon the steps or porch of any building, or causing to be distributed, strewed about or placed, any papers, circulars, cards or pamphlets, except such papers or other matter as may be ordered or subscribed for by the occupants of the premises, any sum not exceeding twenty dollars for each offense. For sweeping, casting, throwing or depositing, or causing to be swept, cast, thrown or deposited, upon any public street, sidewalk, gutter, alley or other public place within the City of Plainfield, any paper, rags, straws wood, boxes or other rubbish, any sum not exceeding twenty dollars for each offense. For depositing upon the surface of any lot bordering upon any street, lane or alley of said city, any rubbish or matter likely to decompose or be blown about by the wind or using any such sub- stances to fill in or raise the surface or level of any ground in the city, unless a written permit is first obtained therefor from the Board of Health, any sum not exceeding twenty dollars for each offense. Sec. 4. For setting off fire crackers or squibs, throwing fire- balls made of combustible materials, or making bon-fires on the streets or public ways or firing or discharging any gun, pistol or fowling-piece, or any kind of fire-arms, or cannon, in any public street, within the city limits, except on the Fourth Day of July, any sum not exceeding twenty dollars. Sec. 5. For knowingly causing a false alarm of fire, a sum 61 not exceeding one hundred dollars, or sixty days’ imprisonment in the city or county jail, or both fine and imprisonment. Sec. 6. For keeping, or causing or permitting to be kept a house, shop, room or place of any description, in which any kind of disorder or noise is made, or permitted, to the alarm, annoyance or disturbance of the neighborhood, or in which persons assemble, or to which persons resort for the purpose of buying or drinking spirituous or fermented liquors, or which place is injurious to the public health, public quiet or public morals, or in which is kept any table or device of any kind, upon or by which any game of chance or hazard shall be played, any sum not exceeding one hundred dol- lars, or thirty days’ imprisonment in the city or county jail, or both fine and imprisonment, in the discretion of the Court. Sec. 7. For bathing, washing or swimming in the day time, when naked, or insufficiently clothed, in any brook, lake or pond within the city limits, any sum not exceeding ten dollars. Sec. 8. For being intoxicated in any street, alley or other public place in the city, any sum not exceeding ten dollars, and double that sum for every subsequent offense. Sec, 9. For selling, giving or delivering any intoxicating liquor to a minor, either to drink or carry away, or selling or giving such liquors to a person who is intoxicated or in the habit of being intox- icated, a sum not exceeding one hundred dollars, or sixty days’ im- prisonment, or both such fine and imprisonment. Sec. 10. For intentionally driving or riding any horse or other beast of burden, (whether attached to a vehicle or not), in any streets, alleys or highways of the city, faster than an ordinary trav- eling gait, or for intentionally leading, driving or riding any beast of burden on any sidewalk of the city, any sum not exceeding five dollars; and for such fast driving or riding as above named, when a collision is thereby produced with any person, vehicle or other thing, or any injury is occasioned by such driving or riding, any sum not exceeding one hundred dollars, or imprisonment in the city or county jail not exceeding sixty days, or both, in the discretion of the Court. Provided, that this section shall not apply to persons driv- ing horses attached to sleighs while trotting in an easterly direction on North avenue between the easterly side of Berckman street and the easterly limits of the city, on days other than Sunday, commonly called the first day of the week. Sec. 11. For unnecessarily obstructing the streets or byways of the city with any kind of vehicles, o^ with boxes, lumber, timber, wood or any other thing, any sum not exceeding ten dollars; and for continuing any of the above obstructions after having been noti- fied to remove them by the Street Commissioner (or any other 62 ■officer of the city government authorized to give such notice), any sum not exceeding ten dollars for each day of such continuance, not exceeding one hundred dollars on any one conviction; provided that the provisions of this section shall not be construed to prevent persons who are building from occupying one-half the width of the sidewalk and one-third the width of the roadway in front of the place where they are so building, upon their first obtaining from the Street Commissioner or the Common Council a written permit so to do. Sec, 12. For intentionally obstructing or hindering any city officer in the performance of his duty, or for wilfully refusing or neglecting to assist any city officer, when lawfully required to do so by him in the execution of any process in the suppression of a breach of the peace, in case of an escape, or when he is resisted in the dis- charge of his duty, a sum not exceeding one hundred dollars or im- prisonment in the city or county jail not exceeding sixty days, or both, in the discretion of the Court. Sec. 13. If any person knowingly and wilfully resist or oppose any officer of this city, or any person authorized by law, in serv- ing, or attempting to serve any writ, bill, order or process whatever, or when arresting any person violating any of the ordinances of this city, either with or without warrant, he shall be punished by a line not exceeding one hundred dollars, nor less than five dollars, or imprisonment in jail not exceeding sixty days, or both such fine and imprisonment, at the discretion of the Court. 'Sec. 14, If any person shall intentionally break, or injure, .or cause to be broken or injured, any fire alarm box owned by the city, or any street lamp used or lighted by, or rented to the city, he shall, upon conviction, be punished by a fine not exceeding fifty dollars, or imprisonment in the city or county jail not exceeding .thirty days, or both, in the discretion of the Court. And if any person shall make complaint and secure conviction under this sec- tion, he shall be entitled to one-half of any fine imposed in such case, and upon payment of the fine so imposed the Mayor or City Judge, as the case may be, shall pay the informer one-half of said fine so collected. ' Sec. 15. If any person, except the regular lamp-lighter and his assistants, light or extinguish any street lamp, such person, on conviction, shall be punished by a fine not exceeding twenty-five dollars for each offence. Sec. 16. If any person tether any horse, sheep, goat, or neat cattle on or upon any road, street, lane, alley, square, park or pub- lic place, within the city limits, he shall, upon conviction, be nun- ished by a fine not exceeding ten dollars for each offence 63 Sec. 17. If any person permit any horse, sheep, goat, or neat "Cattle to feed on or upon any road, street, lane, alley, square, park er public ground, within the city limits, whether in charge of any person or not such person shall, on conviction, be punished by a fine not exceeding ten dollars. Sec. 18. It shall.be the duty of the police to take and secure in some proper place any of the animals described in the preceding sections 16 and 17, until the fine is paid or their release is ordered by the Mayor or the City Judge. Sec. 19. If any person play ball in any of the streets of the City of Plainfield, he shall, upon conviction, be punished by a fine not exceeding five dollars for each offence. Sec. 2 0. If any person within the city limits, between sun- down and sunrise of any day, make any bon-fire in any of the public streets, he shall, upon conviction, be punished by a fine not ex- ceeding five dollars. Dry leaves may be burned in the gutters -of streets during the forenoon of any week day, but all debris result- ing from said burning must be removed within twelve hours of day- light after said leaves are burned. Sec. 21. If any person wilfully break down, or injure any fence or inclosure belonging to or in the possession of other per- sons, or shall carry away any portion of such fence or inclosure, without the owner’s consent, such person shall, on conviction, be -punished by a fine not exceeding one hundred dollars, or imprison- ment in the city or county jail not exceeding sixty days, or both, in the discretion of the Court. Sec. 2 2. If any person obstruct the free passage of pedes- trians by loitering or assembling on the streets, or on the corners of the streets, or on the sidewalks, or in front of any private or public building, or church, or place where religious services are held, or interfere with, or annoy in any way whatever, persons going to or returning from any place where religious or other .services have been held, such person so offending shall, on conviction, be pun- ished by a fine not exceeding one hundred dollars, or by imprison- ment in the city or county jail not exceeding sixty days, or by both fine and imprisonment, in the discretion of the Court. Sec. 23. No person shall fiy any kite in the public streets of this city, under the penalty, upon the conviction thereof, of being fined any sum not exceeding five dollars for each offence. Sec. 2 4. If and person leave any horse or team standing un- tied in any of the streets of thi^ city, unless the same is in charge -of some person competent to care for the same, he shall be liable, on conviction, to be fined any sum not exceeding ten dollars for -each offence. 64 Sec. 2 5. No person shall drive any horse before a sleigh or sled through any of the streets of this city, unless there shall be a sufficient number of bells attached to the harness of such horse and sleigh or sled, to warn persons of the approach thereof, 'under the penalty of being fined any sum not exceeding ten dollars for each offence. (Sections 2 6, 2 7 and 2 '8 repealed by ordinance approved May 21, 1878). Sec. 2 9. When any party is convicted of violating any of the ordinances of this city, and fails or neglects to pay the fine imposed for such violation, and the cost of suit, within two days after con- viction, the City Judge may, in his discretion, cause such party to be committed to the city or county jail for any period not exceeding twenty days. Sec. 30. In all proceedings for the violation of any ordin- ance, the costs thereof shall be added to the penalty, and such costs shall be those allowed for similar services in Courts for the trial of small causes. (Sec. 31, repealed by ordinance approved December 30, 1879). Sec, 32. Whenever in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used in this or any other ordinance, the same shall be understood to include, and shall apply to several per- sons ahd parties, as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and sev- eral matters and things as well as one matter and things, unless it be otherwise provided, or there be something in the subject or con- tract repugnant to such construction. Sec. 33. That ordinances relative to the peace and quiet of of the city, approved January 14, 1874. To prevent horses, cattle, etc., from running at large, approved July 6, 1869. Relating to the morals, peace and good order of the city, ap- proved July 6, 1869, April 29, 1872, and July 10, 1872. To prohibiting the playing of ball, etc., approved September 29, 1870. To prevent bonfires and false alarms, approved January 2 4, 1871. For preserving peace and good order, approved July 16, 1872. To secure to pedestrians the unobstructed use of public walks, approved August 15, 1872. To prevent persons from destroying and meddling with street lamps, approved October 9, 1872. And all other ordinances and parts of ordinances inconsistent 65 with the provisions of this ordinance, be, and the same are hereby repealed. But nothing herein contained shall in anywise be con- strued to affect any proceeding now pending under any ordinance, but such proceeding shall be proceeded with and be determined in the same manner as if this ordinance had not been passed. (Amendment of January 4, 1875). Sec. 1. If any person shall make complaint to the Mayor or City Judge of the violations of sections 6 and 9 of this ordinance, or either of said sections, and shall secure a conviction under the same, in that event said person shall be entitled to one-half of any fine imposed by the Mayor or City Judge, under sections 6 and 9 of said ordinance or either thereof. Sec. 2. Upon the payment of the fine so imposed and collect- ed, the Mayor or City Judge shall pay to the informer or informers the one-half of said fine so collected. (Amendment of September 15, 1883, as amended by ordinances approved November 3, 1891, and September 9, 1895). Sec. 3. No person shall cry or openly expose for sale any wares, merchandise, fruit, herbs, meats, fish, goods or chattels, or keep open any shop, store or place in which said articles are sold, or in which the occupation of barber, shoemaker, blacksmith, silversmith or other trade requiring the exercise of manual labor is carried on, on the first day of the week, commonly called Sunday, except in cases of necessity and the sale of milk and medicine. And any person violating this section shall upon conviction thereof be fined in a sum not exceeding twenty-five dollars, or be imprisoned in the city or county jail not exceeding ten days, or both, in the discretion of the Court. Provided, however, that this section shall not apply to any person who habitually observes the seventh day, commonly called Saturday as the Sabbath and who carries on his business within his premises in such a manner as not to disturb the religious observance of Sunday as the Sabbath. Sec. 4. No person shall maliciously injure, cut down or other- w’ise destroy any tree, shoot or the guards placed around the same, or any lamp post standing in any of the streets or public grounds in the city, or tie any horse or other animal thereto, under a penalty not exceeding fifteen dollars for each offence. No person shall tie, paste, nail, tack, or otherwise attach any writing, picture, paper, or sign to any tree standing in any street or public grounds of said city, or otherwise mar or deface any such tree, under a penalty not exceeding fifteen dollars for every offence. No person shall tie, paste, nail, tack or otherwise attach any writing, picture, paper or sign, except street signs, to any telegraph, telephone or electric 66 light pole standing in any street or public grounds of said city, un- der a penalty not exceeding fifteen dollars for every offence. Original ordinance approved April 23, 1874. Amended by ordinances approved January 4, 187 5, December 7, 1881, September 15, 1883, October 7, 1884, November 3, 1891, December 8, 1891, December 27, 1893, September 9, 1895, May 23, 1901, June 11, 1907, August 6, 1907, NovemlDer 8, 1911. An Ordinance for the Suppression of Vice and Immorality The Inhabitants of the City of Plainfield, by their Common Coun- cil, do enact as follows: Section 1. That no person or persons shall on the first day of the week, commonly called Sunday, sell, dispose of, or offer or expose for sale, or cause or permit to be sold, disposed of or of- fered or exposed for sale, any cider of any description, under pen- alty of a fine not exceeding twenty dollars for each and every of- fence. Sec. 2. That all ordinances and parts of ordinances so far as they are inconsistent herewith be and the same are hereby re- pealed. Approved February 7, 1896. An Ordinance to Provide for the Relief and Support of the Poor of the City of Plainfield.* The Inhabitants of the City of Plainfield, by their Common Coun- cil, do enact as follows: Section 1. It shall be the duty of the Common Council, in pur- suance of the authority conferred by the Charter, to order and cause to be assessed and raised by tax in each year such sum or sums of money as may be necessary for the support of the city poor, and the moneys so raised shall constitute a separate fund for such purpose, and be disbursed by the City Treasurer only on warrants issued by order of the Common Council. Sec. 2. It shall be the duty of the Mayor to nominate to the Common Council and, subject to its approval, appoint, on the first Monday in February in each year, a suitable person for Overseer of the Poor, whose powers and duties shall be such as are herein prescribed, and who, when confirmed by the Common Council, * See P, L., 1S93, p. 495, and P. L. 1901, p. 41. See also P. L. 1911, p. 350. 67 and officially qualified, shall enter upon his duties, and unless sooner removed, continue in office until the first Monday in February next ensuing, or until the confirmation of another person nominated and appointed to succeed him; and such Overseer of the Poor shall receive such compensation for his services, to be paid out of the moneys raised for the relief and support of the city poor, as may from time to time be fixed by resolution of the Common Council. If any such nomination and appointment shall, upon vote thereon by the Common Council, be not confirmed, or in case any vacancy in the office of the Overseer of the Poor shall occur at any time, it shall be the duty of the Mayor to nominate to the Common Coun- cil, and subject to its approval, appoint at each succeeding regular or adjourned meeting, a different person for Overseer of the Poor, not before nominated for that office during the then current year, until a nomination and appointment for that office shall be con- firmed. Sec. 3. No person shall receive support or relief out of the moneys raised in pursuance of the first section of this ordinance who has not obtained a legal settlement, or become legally en- titled to relief in this city, or who has any relative able and legally bound to relieve or maintain him or her; and no male person over the age of eighteen years, able to work, shall receive support or relief except in return for labor performed by him, either upon the city streets under the direction of the Street Commissioner, or otherwise, under the direction of the Mayor; and in any such case only to an extent equal to the fair value of such labor performed. Sec. 4. No person otherwise entitled thereto shall receive support or relief, except on personal application to the City Judge, or in his absence, to the Mayor, at such time and place as the City Judge or Mayor shall appoint; and upon every such application the officer to whom the same is made shall examine the applicant upon oath or affirmation touching his or her name, age, place of birth, occupation, family and relatives, place or places of residence for the three years next preceding, and his or her last place or places of legal settlement, and as to whether he or she is then receiv- ing relief from any, and if so, what other source, or has before re- ceived support or relief ftom this city, and if so, when and for what time, the necessity for the relief sought, and such other mat- ters as such officer may deem important to be considered in con- nection with such application; and the testimony of every such ap- plicant concerning the matters aforesaid shall be reduced to writ- ing and subscribed by him or her; and upon every application such officer shall satisfy himself as to the ability of the applicant to work, and he may require such further evidence touching any of the 68 matters aforesaid as lie may doem necessary in order to enable him to determine the justness of such application; but in any case it shall appear by the certificate of the City Physician that any per- son seeking or needing relief is physically or mentally incapable of making the personal application and oath or affirmation afore- said, the same may be dispensed with, and the aforesaid particulars concerning the person seeking or needing relief shall be ascertained by such officer by the best other obtainable evidence. If therefore it shall appear to such officer that such applicant is entitled to re- lief, he shall give to the Overseer of the Poor a certificate to that effect, which in case of every application shall state whether in the opinion of such officer such applicant is able to work and which shall be attached to the evidence taken upon such application, and the Overseer of the Poor shall file such certificate and evidence in the office of the City Clerk within two days after he shall have re- ceived the same. Sec. 5. The Oversoer of the Poor, before granting relief to any person on the certificate of the City Judge or Mayor, shall enter in a well-bound, properly-indexed book, to be procured by him at the cost of the city poor fund, and kept by him for that purpose, the name, age, place of birth, sex, residence and occupation of such person, whether such person has a legal settlement in this city, is at the timo receiving any, and if so, what relief from any other source, and whether he or she has any relative able or legally bound to relieve or maintain him or her, and if so, who; together with a memorandum of the causes which have operated to constitute such person a pauper, so far as the same can be ascertained; and after such entry shall have been made, the Overseer of the Poor may grant such person such relief as in his judgment the necessities of such person shall require, by an order or orders signed by him on such person or persons or association or corporation as he may designate, subject to and in accordance with the requirements of the sixth section of this ordinance, for beef, salt pork, salt fish, flour, oat meal, yeast, bread, beans, rice, potatoes, coffee or tea, milk, su- gar, salt, vinegar, pepper, coal, wood, clothing, soap, candles, or kero- sene oil and matches, or one or moro of such articles, and no others, except as hereinafter provided; but in no case shall the Overseer of the Poor grant to any person a greater number or more of sneh articles, nor shall such relief continue for a longer period than the actual necessities of such person shall require, and before is- suing any order for supplies or for relief of any kind under this ordinance the Overseer of the Poor shall satisfy himself by proper investigation that the relief sought is at the time actually necessary in the particular case; and no such order, to be filled in the dis- 69 cretion of the person in whose favor the same is drawn, shall in any case be granted, but every such order shall clearly specify and state upon its face the items, nature, quality and quantity of the articles to be furnished, and in no case shall relief granted consist, in whole or part, of money or credit; but other supplies may be furnished by the Overseer of the Poor on certificate of the City Physician, previously obtained, that such other supplies are neces- sary to the health of the person in whose behalf such certificate shall be made; and in every case, before delivering any order or relief, the Overseer of the Poor shall enter in a separate book, to be by him procured at the expense of the city poor fund, and kept for such purpose, a statement of the date of such order, and in whose favor issued, and of the nature and items of the relief granted, and the quality and quantity of all articles ordered to be supplied and to whom granted. Sec. 6. The Overseer of the Poor shall receive and consider all written offers which shall from time to time be made to him to furnish any article or articles by the fifth section of this or- dinance authorized to be supplied to poor persons, and if, before granting relief in any particular case, he shall have received from any person or persons, or association or corporation any offer or offers which remain in force to supply such article or articles as is, or are, or shall be needed or appropriate in such case at any speci- fied price or prices, such article or articles needed or appropriate in such case shall be obtained from, and the order therefor shall be on, the person or persons, association or corporation, who or which shall have offered to supply such articles, or similar articles, at the lov/est price mentioned in any offer to furnish such or similar articles received by him. Provided, however, that the Overseer of the Poor shall transmit to the Common Council at its regular meet- ing on the first Monday of each month all offers to provide articles by this ordinance authorized to be supplied to poor persons, which shall have been received by him during the month next preceding, and that the Common Council may from time to time designate by resolution the person or persons, or association or corporation, upon whom or which any or all orders for supplies to poor per- sons under this ordinance shall be drawn; and in cases other than those provided for by the third section of this ordinance may declare whether any labor shall be performed in payment therefor. Sec. 7. The books of the Overseer of the Poor shall at all times be open to the inspection of any resident of the city, and on the first Monday in February in each year shall be. submitted to the Common Council. On the first Mondays of February, May, August and November in every year, the Overseer shall present to the 70 Council a report of his doings for tho next preceding quarter, and no relief after the first Monday of February of each year shall be granted by him until this ordinance to any person previously aided, without a new application to the City Judge or Mayor as provided in section four of this ordinance. Sec. 8. All claims against the city for supplies furnished un- der this ordinance, shall be sent to the Overseer of the Poor with all his orders, in pursuance of which such supplies were furnished at- tached and verified by the affidavit of the claimants or one of them in the following form: Union County, 1 I ss City of Plainfield, J being duly sworn, deposes and says that he is the claimant named in the annexed account for supplies, amounting to dollars; that the said account is in all things just and true, and that all of the articles enumerated therein were actually furnished and delivered by said claimant in pursuance of written orders by the proper authorities, all of which orders are hereunto annexed: that the prices in said account men- tioned are fair and reasonable, and no greater than those charged for goods of like description to ordinary customers; that no fees, perquisites, commissions, percentages or allowances of any kind whatever have been made or agreed to be made, and that none will be made directly or indirectly to any person in consideration of the purchase or procurement of said articles or any of them from said claimant, and that the amount of said claimant is wholly un- paid and is justly due to said claimant. Sworn to before me this .... day of . . . . 1 . . . and if such claims shall appear to the Overseer of the Poor to be correct, he shall attach to each of them his affidavit in the fol- lowing form: Union County, City of Plainfield, being duly sworn, deposes and says that he is the Overseer of the Poor of said City of Plainfield; that the annexed claim for supplies amounting to dollars, is in all things just and true, and that all the orders thereto attached in pursuance of which such supplies were granted, were given by him under the ordinance entitled “An Ordinance to provide for the 71 Relief and Support of the Poor of the City of Plainfield,” adopted by the Common Council in 18. with all the provisions of which ordinance he has fully complied. Sworn to before me this . . . .day of. ... 1. . . and all claims for supplies furnished upon the certificate of the City Physician, shall in addition be accompanied by his affidavit in the following form: Union County, Ciiy of Plainfield, being duly sworn, deposes and says that he is the City Physician of the City of Plainfield; that the sup- plies mentioned in the annexed claim amounting to dollars, were furnished in pursuance of his certificate of the necessity there- for, previously given, and that in his judgment such supplies were necessary to the health of the person for whose relief the same wore ordered. Sworn to before me this . . . .day of . . . . 1. . . and all such claims with the accompanying orders and affidavits, shall then be presented by the Overseer of the Poor to the Com- mon Council through any one of the members, and all claims so authenticated and appearing on examination by the Common Coun- cil or its appropriate committee, to be correct shall be ordered to be paid. Sec. 9. If any person certified by the City Judge or Mayor under this ordinance to be entitled to relief shall be in need of shelter, the Overseer of the Poor may provide necessary shelter for such person, but no such shelter shall be provided at city expeuse for a term exceeding two months, unless before the expiration of such two months the Overseer of the Poor shall have made known to the Common Council the name of the person needing such shel- ter, and whether he or she is able to work; the place where it is proposed to furnish such shelter; the price which it is proposed to pay therefor; whether it is proposed that any, and if any what labor shall be performed by such person, in whole or in part payment therefor; and whether any other persons receiving relief under this ordinance are sheltered in the same place, and the Common Coun- cil shall have investigated the case through its appropriate com- mittees, and shall have authorized the same, and all claims against 72 the city for shelter supplied under this ordinance shall state whether any, and if any, what labor has been performed by the per- son sheltered, in whole or in part payment therefor, and the fair val- ue thereof; and in every such case proper credit shall be given to the city upon such claim for the fair value of such labor; and each such claim shall be presented in writing to the Overseer of the Poor accompanied by the affidavit of the claimants or one of them, that the shelter for which such claim is made has actually been supplied by such claimants or claimant, in pursuance of orders by the Over- seer of the Poor, that all of the statements in such claim are true; and that the amount of such claim is justly due from the city to such claimants or claimant, and unpaid; and if the Overseer of the Poor shall upon examination find such claim correct, he shall at once transmit the same to the Common Council, accompanied by his own affidavit to the effect that the shelter for which such elaim is made was supplied by the claimants or claimant therein mentioned in pursuance of orders by him, under and in accord- ance with the requirements of this ordinance; that the price there- in charged for such shelter is the price authorized to be paid there- for by the Common Council, and that such claim is in all things just; and all claims for shelter so authenticated and appearing on examination by the Common Council or its appropriate committee to be correct, shall be ordered to be paid. Sec. 10. It shall be lawful for the Common Council to cause any person certified by the City Judge or Mayor under this ordin- ance to be entitled to relief, to be placed in any incorporated char- itable institution at the time located in this city to be there re- lieved, cared for, or supported and from time to time to furnish the means of such relief or support in such institution from the city poor fund. Sec. 11. The legal status and liabilities of all poor persons in this city, and the powers and duties of the Overseer of the Poor over and concerning them, shall be such as are defined and speci- fied in the act of the Legislature of this State entitled “An Act for the settlement and Relief of the Poor,” passed March 27, 1874, excepting in so far as the same are otherwise define! and regulated by this ordinance, provided, that all such applications as are by said act directed to be made to one or two Justices of the Peace, shall be made to the City Judge, or in his absence to the Mayor, and that all duties by said act imposed upon one or two Justices of the Peace shall be performed by the City Judge, or, in his absence, by the Mayor. Sec. 12. Any person who shall in any affidavit or deposition required by this ordinance wilfully make any false statement or 73 shall in any other respect offend against this ordinance shall, upon conviction thereof, be punished for each offence by fine not ex- ceeding fifty dollars recoverable for the use of the city, or by im- prisonment in the city or county jail for any term not exceeding sixty days, or both such fine and imprisonment. Sec. 13. Any Overseer of the Poor appointed under this or- dinance may, upon complaint of any person, be removed from office at any time by the affirmative vote of a majority of all the mem- bers of the Common Council for neglect of duty, or misconduct in office; but, before any such removal, the Overseer charged with any such neglect or misconduct shall be informed of the complaint against him, and if he so desires shall have an opportunity to be heard concerning the same before the Common Council at such time .and place as the Common Council may appoint and designate for that purpose. Sec. 14. The ordinance entitled “An ordinance to provide for the Relief of the Poor in the City of Plainfield,” passed August 12th, 1878, and all ordinances and resolutions and parts of or- dinances and resolutions which conflict with any of the provis- ions of this ordinance are hereby repealed and abrogated. Sec. 15. This ordinance shall take effect immediately. Adopted March 15, 1880. Re-adopted April 19, 1880, notwithstanding the objections of the Mayor. Amenilei by ordinance approved March 5, 1889. All Oidiiiance Conceiniiig the Industrial Home, and the Inmates Thereof. 'The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the Alms House of the City shall be known and designated as the City Industrial Home. Sec. 2. That it shall be the duty of the Overseer of the Poor, .and he is hereby authorized and empowered, to direct and assign the persons under his charge in the said Industrial Home to such employment or occupation as they may respectively be capable of pursuing, and especially to make such arrangements that all the Tabor in the said Industrial Home shall be accomplished by the in- mates thereof, if consistent with their ability. To determine ’Whether any inmate who alleges physical disability, infirmity or Tllness, as an excuse for failure to perform such labor as may be .assigned to said inmate, is feigned or genuine, said Overseer may 74 call to his aid the City Physician, whose duty it shall he to make examination in the premises, and report his conclusion to said Over- seer. Sec. 3. It shall be the duty of said Overseer of the Poor and the Superintendent and the Matron of said Industrial Home to care- fully observe and strictly enforce the Rules and Regulations adopt- ed by the Common Council from time to time, in relation to the gov- ernment and discipline of the said Industrial Home. Approved June 5, 1900. An Ordinance Providing for the Licensing and Regulating of Ped- dlers, Hawkers, Cartmen, and the Owners and Drivers of Vehi- cles used for hire; and Concerning Street Traffic Regulations. The Inhabitants of the City of Plainfield, by their Common Council, do enact as follows: Section 1. That the Mayor of said City is hereby authorized to grant licenses under his hand and the seal of the city to so many and to such persons as he shall think proper, of good moral char- acter, and otherwise qualified according to the provisions of this ordinance, and to incorporated companies, to carry on, wholly or in part, within the limits of the city, the business of peddler, hawker or cartman, to drive or keep for use for hire hack, omnibus, stage, truck, motor vehicle or other vehicle for the transportation of pas- sengers, baggage or merchandise, according to the provisions of this ordinance; and the City Clerk shall keep a detailed record of all licenses so granted. Sec. 2. That every application for any such license shall be in writing, signed by the applicant, stating his place of residence, and the purpose for which such license is asked. Every applicant for a peddler’s or hawker’s license shall specify whether he proposes to conduct his business with a horse and wagon or with a handcart or on foot without wheeled vehicle. Every applicant for driver’s license shall endorse on his application the names of three reputable citi- zens to whom reference is made as to the character of the applicant. Every applicant for a license for a motor vehicle shall set forth in his application that his motor vehicle has seating capacity for at least four passengers, and that he has equipped his said motor ve- hicle with a taxameter of standard make affixed to the front axle of said motor vehicle and so constructed and adjusted as to indicate automatically on the dial of said taxameter the charges for distance in accordance with the charges fixed by this ordinance. Every appli- cant under this ordinance for a license of any kind shall definitely agree in his said application to conform to and abide by the regula- 75 tions prescribed or to be prescribed hereafter by the Board of Po- lice of the City of Plainfield with the approval of the Mayor, to reg- ulate traffic upon the public streets and with respect to the standing and movement of vehicles at or near the several railroad stations and other places of public assemblage or crowded vehicular traffic. Sec. 3. That no person or corporation shall pursue, or in any manner carry on, as owner or as agent for another, within the limits of said city, the business of peddler or hawker without being first licensed therefor, according to the provisions of this ordinance, un- der a penalty of ten dollars for each and every offense, provided that nothing herein contained shall prevent farmers and gardeners from selling the products of the farms owned or occupied by them, or milkmen from carrying on their business in said city without a license under this ordinance. Sec. 4. That no person or corporation shall drive, keep or use for hire or wages, or cause to be driven, kept or used for hire or wages any cart, truck, hack, omnibus, stage, motor vehicle or other vehicle for the transportation of passengers, baggage or merchandise of any kind, wholly or in part within the limits of said city, without being first licensed therefor, according to the provisions of this ordi- nance, under penalty of ten dollars for each and every offense, (pro- vided that none of the requirements contained in this section shall apply to owners or drivers of any livery stable vehicles, other than those vehicles kept by them for the use of passengers solicited at the railway stations or elsewhere within the city limits. One license and one only shall be required for each cart, truck, hack, omnibus, stage, motor vehicle or other vehicle, but for each driver other than the owner of such licensed cart, truck, hack, omnibus, stage, motor vehicle or other vehicle, a separate license shall be required. Sec. 5. That each license granted under the provisions of this ordinance shall expire on the first day of March next following the granting of the same, and shall state the object for which it is giv- en, the name of the person or corporation licensed, the number of the license, and the date of its expiration, and shall be signed by the Mayor and attested by the City Clerk and countersigned by the Chief of Police. Sec. 6. That for licenses under this ordinance the fees to be paid shall be as follows: For license as aforesaid: (a) To the owner in case of a hack, omnibus or stage with one horse $5.00 (b) To the owner in case of a hack, omnibus or stage with two horses $7.50 (c) To the owner in case of an expressman with one horse and wagon $5.00 76 (d) To the owner in case of an expressman with two horses and wagon $7.&0