Returns of election. Vacancies, how filled. Proviso. ligations, duties and penalties imposed upon the like officers of elections in townships in this state, and they shall be entitled to the same compensation for their services at all elections as the like township officers are entitled to receive, except as otherwise provided in this act, or by ordinance, and in case of absence, disqualification or inability of any of them, the vacancy shall be supplied in the manner prescribed by the laws of this state in such cases; and every person in said city entitled to vote at such elections, shall give his vote in the ward in which he actually resides at the time of such election, and not elsewhere, and any person voting illegally or offering illegally to vote at any such election, shall be subject to the same pains, penalties and forfeitures incurred by persons so offending at such elections in the townships of this state. 8. And be it enacted, That in all elections for city and ward officers of said city, the inspectors of registry and elections of each of the several election districts in said city, in addition to the other duties required of them by law, shall make and sign a statement of the election in said district for what officers, the number of votes cast for each person voted for, for any office, specifying the names of the persons so voted for, with the number of votes rejected, which statements shall, within forty-eight hours after the closing of the polls, be filed in the office of the city clerk, who shall within five days thereafter, file a true copy of such election returns in the office of the clerk of the county of Hudson. 9. And be it enacted, That in case any vacancy shall occur in any of the city or ward offices, by resignation, removal, disqualification or death of the incumbent of said office, or in any other manner whatsoever (except in the office of mayor, recorder or alderman), the board of aldermen shall fill, by appointment such office for the unexpired portion of the term; and in case of any such vacancy happening as aforesaid in the office of recorder or alderman, the said vacancy shall be filled by a special election, to be ordered by the board of aldermen, upon a day to be fixed by them, and the same notice shall be given of such special election as is required to be given of a general city election; provided, that in case of a vacancy as aforesaid, in the office of recorder it shall be lawful for the board of aldermen, on the nomination of the mayor, to designate any justice of the peace of said city to act as recorder until such vacancy is filled as herein provided; and such justice of the peace, when so designated by resolution of the board of aldermen, shall have and exercise all the powers and possess all the jurisdiction of the recorder while acting as such, as well of cases pending in said court and not decided, as of all new matter in said court, and all his official acts as such recorder shall have the same force and virtue and be as valid as if the same had been performed by the recorder himself annually, and 10. And be it enacted, That the mayor shall be elected an- Mayor elected nually, but no person shall be eligible to that office unless he his duties. shall have resided in the said city at least three years and shall have attained the age of thirty years; it shall be the duty of the mayor to see that the laws of the state and the ordinances of the city are faithfully executed therein, and to recommend to the board of aldermen such measures as he may deem necessary or expedient for the welfare of the city; he shall be the head of the city police force, and as such shall maintain peace and good order in said city, and shall have power to suppress all riots and tumultuous assemblies, and cause to be arrested without process or warrant and to commit for trial, all persons violating, or whom he has reason to believe have violated the laws of this state or ordinances of the city; he shall possess the same powers and authority in criminal cases with which justices of the peace are now invested; all warrants on the treasurer, all contracts or agreements made under the direction or on behalf of said city, by the board of education or water commissioners, and of all other persons acting for and in behalf of the city, shall before they become valid or binding on the city be signed or approved by him; and in case of his absence from the city or his inability to perform the duties of his office, the president of the board of aldermen shall, during the continuance of such absence or inability, be vested with the powers and exercise the duties of mayor; and in case of the death or resignation of the mayor, his powers and duties shall devolve upon the president of the board of aldermen for the unexpired portion of the term; it shall be the duty of the mayor to nominate to the board of aldermen all policemen or watchmen of said city; and he shall have power to remove or suspend any policeman or watchman, and he shall report such removal or suspension to the board of aldermen at its next meeting thereafter, with the reasons therefor, and such removal or suspension may then be confirmed or rejected by said board. 11. And be it enacted, That the recorder shall be elected his powers. Recorder and at the next charter election after the passage of this act, and every third year thereafter, and he shall hold his office for three years; he shall have all powers in criminal matters that justices of the peace in and for the several counties of the state now have, and shall have like powers 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. His jurisdiction. Proviso. Proviso. Proviso. Proviso. 12. And be it enacted, That the recorder shall have jurisdiction, and is hereby empowered, on oath, affirmation or affidavit made according 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 of the nature of a warrant, be returnable fcrthwith, and, when in the nature of a summons, be returnable 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 recorder shall have adjourned the same, the said recorder shall proceed to hear testimony, and to determine and give judgment in the matter, without the filing of any pleadings; and that the recorder shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and against the body of the defendant or defendants; provided, that in all cases where the fine or penalty shall exceed twenty dollars, or where 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 trials 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; and provided also, that in all cases an appeal may be made to the board of aldermen for the remission of any penalty that may be inflicted or adjudged; provided further, that no fine shall be imposed exceeding fifty dollars for each offence, and no term of imprisonment as a penalty shall exceed sixty-days for each offence; and also provided, that all cases and matters pending in the recorder's court at the expiration of his term, or resignation, or death, or in ability to serve, shall be continued before his successors, who shall have jurisdiction of the same as if such recorder 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 recorder to his successor. shall be 13. And be it enacted, That the officers empowered to serve How process process issued by the recorder, shall be besides the constables served. elected or appointed within said city, the policemen of the city, and that said process shall be returned in the same manner so far as circumstances 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 recorder 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 any proceeding to be brought for the recovery of the same, with such surety as may be approved by the recorder, unto the mayor and board of aldermen of the city of Bergen, for his or their appearance on the day to which said hearing may be adjourned; and in default of such appearance, the said recognizance 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. have fees for der, &c. 14. And be it enacted, That in all cases in which persons Recorder to shall bring certioraries to remove the order, proceedings or copies of orjudgment given or made by the said recorder, it shall be lawful for the said recorder to charge and receive before the delivery of the return thereto, at the rate of ten cents per folio for the same. how obtained. 15. And be it enacted, That no justice of the supreme certiorari, court shall grant or allow any certiorari to remove any order, proceedings, or judgment to be had or made by the recorder of the said city, unless the party applying for such certiorari shall enter into bond with the mayor and board of aldermen of the city of Bergen, in the sum of one hundred and fifty dollars, with one or more good surety or sureties, conditioned that such applicant shall prosecute the said certiorari in the supreme court, shall pay the penalty recovered before the said recorder, with interest and costs, if the judgment be affirmed, and shall in all things stand by and abide the judgment of the supreme court respecting the order, proceedings Costs in certiorari how paid. Dutles of treasurer. Duties of city clerk. or judgment given or made by said recorder, 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 the said mayor and board of aldermen, and on failure thereof no certiorari shall be allowed. 16. And be it enacted, That if any proceedings of the said recorder shall, on removal by certiorari, be affirmed by the supreme court, the plaintiff in certiorari shall pay to tl.e defendant all costs on such suit in the supreme court, but if such proceedings be reversed, then the plaintiff in certiorari shall not be entitled 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 Hudson. 17. And be it enacted, That the treasurer shall receive, safely keep, and disburse, under the direction of the board of aldermen, all money collected for said corporation, and shall pay out the same only upon the warrant of the board of aldermen, signed by the mayor, and countersigned by the city clerk; and no warrants on the city treasurer shall be authorized except in pursuance of an order of s.id board passed at a stated meeting, and entered in their minutes; and such warrants shall be made and numbered, payable to the order of the person or persons to receive the same, and shall specify for what purpose the amount therein mentioned is directed to be paid. 18. And be it enacted, That the city clerk shall, in addition to the duties required of him by this act, or any other act of this state, have charge of all the records, books and documents of the city, except when the said board shall otherwise direct by ordinance; he shall keep a record of the proceedings of the board; he shall engross all ordinances in a book to be provided for that purpose, with proper indices, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed in said book by the mayor or acting mayor and said clerk; copies of all papers duly filed in the office of the city clerk, and transcripts thereof, and of the records and proceedings of the board of aldermen, and copies of the laws and ordinances of said city, certified by said clerk under the corporate seal, shall be evidence in all courts and places; that all the books in which the said board of aldermen have caused their ordinances and by-laws to be recorded, and such other book or books, record or records, as shall be by them provided, shall be taken and received as evidence in all |