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Attorney-General v. McGuinness.

78 N. J. L.

pains, has prepared a list of such acts, the accuracy of which is not questioned. In a footnote we give a sufficient number of references to show the extent to which the legislature, during the period mentioned, exercised the power of regulating municipal affairs by commissioners chosen otherwise than by the people locally concerned.*

*Special acts of the legislature, during the period 1844-1875, establishing and appointing commissions to regulate municipal affairs: Pamph. L. 1852, p. 419. An act to authorize the construction of works for supplying Jersey City and places adjacent with pure and wholesome water. This act appoints by name three persons, and the president of the board of aldermen of Jersey City for the time being, and one person to be elected at the next charter election in Jersey City, the first board of water commissioners, and provides that at the charter election to be held in said city in 1855, and every year thereafter, there shall be elected one commissioner.

Pamph. L. 1857, p. 224. An act authorizing the appointment of commissioners to lay out streets, avenues and squares in that part of Bergen township south of the Morris canal in Hudson county. This act appoints by name five persons as commissioners; provides that in case of death, resignation or refusal to act, the vacancy shall be filled by a vote of a majority of the commissioners, and in order to provide for the payment of the expenses incurred, authorized the commissioners to direct the assessor of the township of Bergen to assess upon the property within the boundaries designated, such sums as they may deem necessary to defray the same.

Pamph. L. 1857, p. 500. An act to authorize the water commissioners of the city of Hoboken to contract for and introduce water into said city. This act appoints five persons by name, and the chairman of the council of the city of Hoboken for the time being, water commissioners of the city of Hoboken, and authorizes them to make and enter into contracts as may be agreed upon, with the water commissioners for the time being holding office under the act to authorize the construction of works for supplying Jersey City and places adjacent with pure and wholesome water. It confers upon the water commissioners power to issue in the corporate name of the mayor and council of the city of Hoboken, notes. bonds, script or certificates of debt; it directs them to determine by lot their term of office, the term of one to expire each year and the place vacated to be filled at the charter election held in 1858 and subsequent charter elections.

Pamph. L. 1857, p. 504. An act to authorize the water commissioners of the city of Hudson to contract for and introduce water into said city and to provide for the payment thereof. This act appoints by name four persons and the president of the board of aldermen of the city of Hudson for the time being, the board of water commissioners of the city of Hudson. It is similar in its provisions to the act last above set out.

Pamph. L. 1859, p. 38. An act to authorize the president and directors of the Trenton water works to convey their works and franchise to the city of Trenton and to provide for the management of said works. This act appoints six persons by name to constitute the first board of water commissioners, who are to determine by lot,

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or otherwise, the terms during which they shall hold their office, two for one year, two for two years, and two for three years, to be computed from first day of July after the enactment of the statute. It provides that the common council of the city shall in the month of June, at their regular monthly meeting in the year 1859, and in the same month every year thereafter, elect two commissioners, who shall hold their offices for three years from the first day of July ensuing.

Pamph. L. 1859, p. 569. An act to regulate the grading of streets and sidewalks, paving and curbing in the town of Mount Holly. The act appoints four persons by name street commissioners, whose duty it shall be to fix, regulate and determine the grade of the streets. One of these persons is appointed for three years, another for two years, another for one year, and it is provided that at each annual meeting thereafter the term of the commissioner that expires shall be filled by a new election.

Pamph. L. 1860, p. 442. An act to authorize the mayor and common council of the city of Newark to purchase the property of the Newark Aqueduct Company, and creating the Newark aqueduct board. The act appoints by name six persons and the mayor of the city of Newark ex-officio, and constitutes them the first board of commissioners; provides that two of them shall remain in office for one year. two for two years and two for three years, and then provides for the annual election by the people of the city of two members of the board, who shall hold office for three years.

Pamph. L. 1860, p. 625. An act to regulate and determine the care, grading, paving and curbing of the highways. streets &c., in part of the township of Newton. in the county of Camden. The act appoints by name four persons and constitutes them street commissioners for two years; makes it their duties to fix, regulate and determine the grades of the highways in a part of the township described, and provides for a daily allowance to them; power in them to open and survey, and that all moneys paid for surveying or for the fees of the commissioners shall be raised by a street tax to be assessed on the estate of the inhabitants of the district.

Pamph. L. 1862, p. 239. An act authorizing the mayor and common council of the city of Hoboken to raise money by temporary loan for the purpose of giving relief to the families of volunteers engaged in the war service of the United States, appoints by name three persons as commissioners to lay out Market Square in lots and sell and dispose of the same, and provides that any vacancy in the commission shall be filled by the commission itself. It names three persons. together with the mayor of the city of Hoboken and two councilmen, to be a relief committee, and gives them power to fill vacancies. The proceeds of the sale of lots in Market Square are to be devoted to the payment of the principal and interest on bond given to raise $5 000 for the purpose of the act.

Pamph. L. 1864, p. 632. An act to authorize the city of Newark to guarantee and assume the payment of certain bonds of the county of Essex and to issue bonds to an amount not exceeding $25,000 for volunteer aid bonds and $300,000 for war bounty bonds. The act appoints the mayor and treasurer of the city of Newark for the time being, together with three other persons named in the act. the commissioners of the sinking fund of 1864 of the city of Newark, and confers upon them powers to fill vacancies. It confers upon the commissioners the control and management of that portion of the said debt specified in the act.

Pamph. L. 1865, p. 34. An act to authorize the extension of Me

Attorney-General v. McGuinness.

78 N. J. L.

chanic street, East Orange, Essex county, New Jersey, from Main street to Central avenue. This act appoints by name three persons to be commissioners, and empowers them to survey, lay out and open a street sixty feet wide. The expenses incurred are to be paid by the township of East Orange.

Pamph. L. 1866, p. 446. An act relating to the assessment and revision of taxes in the city of Newark, appoints four persons by name, together with one to be appointed by the common council as the first board of assessment and revision of taxes; provides subsequently for a board of five persons, four elective and one appointed by the common council.

Pamph. L. 1866, p. 653. An act to establish a police district in the county of Hudson and to provide for the government thereof. This act requires that on or before April 1st, 1866, and thereafter as may be necessary, the governor shall nominate, and by and with the consent of the senate, appoint from among the electors of Jersey City, three persons as commissioners of police; vacancies that may occur during the recess of the senate shall be filled by the governor by an appointment of a commissioner to serve until the next meeting of the legislature, when, with the advice and consent of the senate, the governor shall fill the unexpired term. Power of removal is vested

in the governor.

Pamph. L. 1866, p. 718. A further supplement to an act entitled an act to authorize the construction of works for supplying Jersey City and places adjacent with pure and wholesome water, approved March 25th, 1852. This act provides that the board of water commissioners of Jersey City shall thereafter consist of four members, the president to be appointed by the governor, with the advice and consent of the senate, a commissioner for the term of five years and until a successor shall be appointed; one member who shall be appointed a commissioner by the governor for the term of four years, and one similarly commissioned for the term of three years, and the president of the common council, who shall be ex-officio a member of the board; power of removal of the commissioners commissioned by the governor is vested in the governor upon the written request of two-thirds of the members of the common council, provided that it shall appear satisfactory to the governor that there is good cause for such removal.

Pamph. L. 1867. p. 210. An act appointing commissioners to lay out streets. avenues and squares in the city of Elizabeth. This act appoints by name five persons, and constitutes them commissioners for the purpose of the act. Limits their terms to two years and directs that any vacancy that shall occur shall be filled by appointment by the governor of the state.

Pamph. L. 1867, p. 730. A further supplement to the act entitled an act to incorporate Morristown, approved April 6th, 1865. This act relates to the providing of a water-supply for Morristown, appoints four persons and the mayor of the town er-officio, the first board of commissioners; provides that at the charter election in 1868 and every year thereafter, one commissioner shall be elected who shall hold his office for four years.

Pamph. L. 1867, p. 915. An act to authorize the erection of a town hall and a house of detention in the township of Randolph, in the county of Morris, appoints eight persons commissioners for the purposes of the act, and directs that the money necessary shall be raised by assessment upon the inhabitants and taxable property of the township in such manner as other moneys are raised for township purposes.

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Pamph. L. 1867, p. 976. An act to establish the Long Branch police sanitary and improvement commission. This act provides that upon an application of a taxpayer owning lands within the limits specified it shall be lawful for any justice of the Supreme Court annually, on the first Monday in April, to appoint three persons, being such taxpayers, to be commissioners under this act, who shall hold their office for one year and until others are chosen and duly qualified in their stead. The act provides that the commissioners shall have power to establish ordinances and regulations to prevent vice and immorality and to preserve the public peace and order.

Pamph. L. 1867, p. 835. An act to authorize the selection and location of certain grounds for a public park for the city of Newark, appoints by name commissioners to select and locate such grounds in the city of Newark and adjacent thereto as may be desirable to be reserved and set apart for a public park for said city, and requires a report to the common council and also to the next legislature upon the assembling thereof.

Pamph. L. 1868, p. 206. An act for the establishment and government of the police of Jersey City, appoints three persons by name, board of police commissioners of Jersey City, in the county of Hudson, to serve until their successors are duly elected and qualified; makes the mayor and recorder of Jersey City ex-officio members of the board; provides that at the annual charter election in 1869 the qualified voters shall elect a commissioner to serve in the board for three years. Pamph. L. 1868, p. 471. A supplement to an act to authorize the construction of works for supplying Jersey City and places adjacent with pure and wholesome water, approved March 25th, 1852, appoints by name four persons, together with the president of the board of aldermen, who shall be a member of the said board of water commissioners; it provides for the election at the annual charter election in the year 1869, and in every year thereafter, of one commissioner.

Pamph. L. 1868, p. 758. A supplement to an act to establish the Long Branch police sanitary and improvement commission, approved April 11th, 1867, appoints by name four persons to be the Long Branch commission, provides that they hold office for one year and until others are appointed in their stead. It further provides that it shall be lawful for the justice of the Supreme Court in whose judicial district the county of Monmouth is situate, upon the application of the applicants owning lands within the limits specified, annually to appoint one or more commissioners, not exceeding five in number, under the act.

Pamph. L. 1868, p. 805. An act to authorize the construction of works for supplying the city of Rahway and places adjacent with pure and wholesome water, appoints by name four persons and the mayor of the city for the time being as the first board; provides for the election at the charter election in 1869, and every year thereafter, of one commissioner in the place of one of those appointed.

Pamph. L. 1868, p. 834. A further supplement to an act entitled an act authorizing the appointment of commissioners to lay out and map streets, avenues and squares in that part of Bergen township, south of the Morris canal, in the county of Hudson, approved March 16th, 1857, appoints five persons by name a board of commissioners for the purposes defined, and provides that the powers of the commissioners shall cease on May 1st, 1873.

Pamph. L. 1868, p. 1146. An act constituting a public road board for the laying out, constructing, appropriating, improving and maintaining public carriage roads in the county of Essex, appoints by name

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78 Ń. J. L.

three persons and their successors, and constitutes them a board of commissioners to be known as the Essex public road board, for the purpose of laying out and maintaining free carriage roads; provides that at the regular annual meeting of the chosen freeholders in the county in 1869, and every year thereafter, there shall be elected three commissioners.

Pamph. L. 1869, p. 830. An act to improve the Northfield road in the town of West Orange, Essex county, appoints by name three persons commissioners, to cause a portion of Northfield road to be macadamized in a thorough manner. and directs the township of West Orange to raise by taxes for the purposes of the act the sum of $6,000.

Pamph. L. 1869, p. 877. An act to authorize the extension of Glenwood avenue from Washington street, in East Orange, county of Essex, to the intersection of Paterson street. in the town of Orange, with a street called Essex street, appoints by name three persons commissioners, and invests them with all the rights, power and authority necessary and expedient to lay out. locate and open an avenue to be called Glenwood avenue. Provides that in case of vacancy, on the application of the remaining commissioners, any justice of the Supreme Court may fill the vacancy by appointment.

Pamph. L. 1869, p. 957. An act constituting a public road board for the laying out, constructing, appropriating, improving and maintaining public carriage roads in the county of Essex, appoints by name five persons, and constitutes them the Essex public road board, for the purpose of laying and straightening free carriage roads, in the county of Essex; provides for the subsequent appointment of one member of the board by the chosen freeholders, to hold office for one year, and that the remaining four members of the board shall be elected by the legal voters of the county for a term of two years each.

Famph. L. 1869, p. 1080. An act to improve Paterson avenue from the westerly line of Paterson plank road to the Secaucus road, from Paterson avenue to Pen Horne's creek, in the county of Hudson; appoints by name a treasurer of the commission; appoints by name three persons as commissioners, and provides that vacancies shall be filled by the Court of Common Pleas.

Pamph. L. 1869, p. 1104. An act to widen and improve a road and avenue from Ridgeville to Englewood, in the township of Hackensack, Bergen county; appoints by name five persons commissioners. with full power to widen, straighten, grade, macadamize and put in order the public road mentioned. Limits the term of the commissioners to five years. Vacancies to be filled by the remaining commissioners. Pamph. L. 1869, p. 1458. An act relating to the Jersey City drainage and water works, appoints by name four persons. together with the president of the board of aldermen of Jersey City, and constitutes them the board of water commissioners; provides for the election in 1869 and every year thereafter of one commissioner in place of one of the commissioners originally appointed, and fixes the term of the elective commissioners at four years.

Pamph. L. 1870, p. 127. An act to appoint commissioners to superintend the drainage of certain lands, lying in the township of Union, in the county of Union, appoints by name three persons commissioners for the purpose of employing one or more persons to dig and make all the water courses and drains necessary to effectually drain and carry off the water from the defined lands; confers upon the commissioners power to appoint their successors in office.

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