Charter of the City of Hoboken, in the State of New Jersey, March 28, 1855; with Supplements to 1871.

Archive

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Hoboken Historical Museum

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000 Front Cover

Name/Title

Charter of the City of Hoboken, in the State of New Jersey, March 28, 1855; with Supplements to 1871.

Entry/Object ID

2012.010.0001

Scope and Content

Charter of the City of Hoboken, in the State of New Jersey, Passed by the Legislature of Said State, March 28, 1855, with The Several Supplements thereto, including the Supplement Approved April 6th, 1871, and Acts Creating the Fire Department of said City, Board of Water Commissioners, etc, etc. Compiled by John C. Besson, Counsellor-at-Law, for The Mayor and Council of the City of Hoboken. Hoboken, N.J.: A.O. Evans, Steam Book and Job Printer, 56 Washington St. 1871. Softcover issue; printed wrappers, 5-3/4" wide x 8-3/4" wide, 192 pp. Ex-libris: Library of Francis B. Lee, Trenton, N.J. (bookplate may be contemporary - late 19th century at latest.) Full copy, disbound. PDF on file: large and small versions. Text of first nine pages is transcribed in notes. BELOW: Index transcribed from pages [183]-192: INDEX Act approved PAGE. March 28 1855, ...... 3 March 20 1857, 45 March 6 1858, ....... 46 March 23 1859, ....... 48 March 15 1861, ....... 58 February 10 1862, 65 February 18 1862, ...... 67 March 19 1862, 70 February 16 1863, 74 February 16 1863, ....... 77 February 16 1863, 79 March 18 1863,..... ....... 80 February 19 1864,..... ....... 82 March 23 1864, 83 February 28 1865,..... 85 March 21 1865,..... ....... 88 March 21 1865, .89 March 29 1865, ....... 94 March 21 1866, ....... 95 April 6 1866, 96 January 29 1867, ....... 100 April 4 1867, 101 April 1 1868 105 April 7 1868, 106 April 6 1868, ....... 108 March 16 1869, 110 March 30 1869, ....... 111 March 31 1869,..... . ......117 February 23 1870, . ......118 March 1 1870, ... ....122 March 17 1870, ....... 123 April 6 1871,...... 128-137 March 15 1854,.... . 138 March 4 1856, 145 March 1 1859, . 147 ==== March 11, 1857,............ 148 March 22, 18 ,............ 152 March 14, 1856,............ 154 March 20, 1857,............ 155 March 15, 1859,............ 161 April 2 1868,............ 165 March 2, 1869,............ 167 February 15, 1870,............ 168 April 4, 1866,............ 169 April 9, 1867,............ 117 April 21, 1868,............ 118 ---- INDEX PAGE Adoption of Charter by election, 42 Adjournment of tax sale, 32 Agreement between borrower and lender of money, 98 Annual statement, 18 Appeal from decision of Recorder, 12 Appeal, Commissioners of how elected, 5 Appeal Commissioners of powers and duties, 13, 120 Assessments, sale of lands for 31 Interest on when paid 59,132 Assessment of State and County tax, 34, 99 Assessment for opening; streets, 35, 93 Assessment payment of damages, 36 Assessment of taxes for city purposes, 99 Assessment for filling sunken lots, 135 Assessment, Board of Commissioners 133 Assessment by Drainage Commissioners, 99 Assessment of water rents, 161, 167 Auditing claims, 38 Animals running at large, 22, 48 Appointment of Street Commissioner and other officers, 91 Assessor to give notice of valuations, 103, 128 Assessor, election of 128 Assessor, votes in County board of 129 Assessor, compensation of 129 Advertising for proposals, 136 Boundaries of City, 3, 52, 56, 96, 100 Boundaries of Wards, 4, 110 ==== Bonds, officers to give 16 Bonds given by Collector of Revenue, 130 Bonds issued for relief of militia, 65 Bonds issued to pay bounty to volunteers, 81, 83, 85 Bonds issued for Fire Department purposes, 102 Bonds, special improvement 131 Bonds, Treasurer of Fire Department fund, 150 Bonds, Water Commissioners may issue 156, 167 Borrow money, Council may when 26 Burial grounds, sale of 44, 138 Burial grounds to be laid out into plots, 67, 138 Bloomfield street sewer, 103 City, corporate name of 4 City, general powers of 4, 133 City officers, election of 5, 91,128, City Clerk, duties of 14 City Clerk power to administer oaths, 58 City Clerk compensation, 58, 90 City Clerk, clerk to Commissioners of Appeals, 90 City Clerk fees of in certiorari cases, 90 Charter election when held, 6, 40 Charter election who entitled to vote at, 6 Commissioners of Deeds, 42 Commissioners of Appeals, 5, 15, 48 Commissioners, Water 155 Compensation of officers, 41, 50, 90,103, 129, 130 Council, constitution and duties of 16, 79 Council, meetings of 19 Council, powers of 95 Council, Chairman of 17 Council, member of power to arrest offender, 15 Councilmen, Board of 16 Councilmen, disability of 19 ---- Councilmen, liable for excess of appropriation, 63 Councilmen, compensation of 90 County tax, 34 Consent of owners of lots to be assessed for paving required, 35 Commissioners of Assessments to take oath, 37 When and how appointed 121,59, 60 Commissioners to be assisted by Surveyors, 119 Board of appointment of 132 Commissioners of Police, 123 Claims against City to be audited, 38 Claims against City not to bear interest, 39 Costs of action against City, 39 City Physician, compensation of 130 Contracts for work, 37, 60 Collector of Arrears of Taxes, duties of 61 Collector of Arrears of Taxes, fees of 62 Collector of Revenue, election of 128 Collector of Revenue, powers and duties, 129 Collector of Revenue, compensation of 130 Coster map, confirmation of 77 Court street, part of vacated 88 Contingent fund, appropriations from 92 Compensation to Assessors, 101 City Hall, erection of 101, 111 Certified copy of ordinances, evidence, 112 Certificate of tax title transferable by Treasurer, 116 Correction of Assessments for improvements, 120 Chief of Police force, 124 Dock at Third street, 23 Dogs, power to restrain from running at large, 25 Dogs, tax on 25, 49 ==== Delinquent tax-payers returned to Council, 29, 113 District lamp and water, 34, 50 Duties of officers, how prescribed, 59 Duties of Police, 108 Drainage Commissioners, Hoboken and Weehawken 169 Drainage Commissioners, work to be done by contract, 177 Election returns, how made, 6 Election duties of Board of Canvassers, 7, 80 Election, State and County 9 Election duties and powers of officers, 10 Election, first Charter 40 Evidence of publication of ordinances, 49, 112 Exempt Firemen’s Association, 14 Fire Department, incorporated 141, 145, 147 Fire Department certificate of membership, 150 Fire Department, Chief Engineer of 5, 143 Fire Department. Assistant Engineer 5 Fire Department, duty of President of Board of Trustees, 144 Fire Department, power of Council over 20 Fire Department, power to maintain 59, 102 Firemen Exempt Association, 74 Firemen exempt from Jury duty, 143 Fire Company, Hook and Ladder No. 2, house for, 137 Fines to be paid to Treasurer, 16 Freeholders, Chosen 5 First Charter election, 40 Fund, burial ground 69 Fund, Fire Department, incorporated, 148 Grading streets, 22 Health laws, 24 Hacks not to run without license, 49 Houses to be numbered, 63 ---- Hoboken and Weehawken Drainage Commission, 169, 126 Health Warden Compensation of 130 Inspectors of election, 5 Inns and taverns 24, 49 Interments, Power to regulate, 25 Interest on taxes, when to be deducted, 30 Improvements exceeding one hundred dollars, 37, 60 Inspectors of Weights and Measures, &c., 101 Improvements, assessments for 35, 93, 120 Improvement, certificates to bear interest, 122 Improvement bonds, special, 131 Judge of election, 5 Justices of the peace election of 16 Lamps, Council to provide for streets, 21 Limitation of action for claim, 38 License to hawkers, &c., 49, 98 Liability of Council for excess of appropriations, 63 Mayor, powers and duties of 11, 17, 126 Mayor to sign ordinances, 17 Mortgagee, notice of sale given to 33 Map of lands assessed for improvement, 35 Map of laying out westerly part of city confirmed, 77 Map of general assessment, 101 Market Square, sale of 70 Meeting of the Council 19 Nuisances, power of Council to declare 24, 109 Nuisances, stagnant water 135 Notice of time for redemption of lands sold for taxes, 34 Notice of assessment to be given by assessor, 103 Notice of meeting of Commissioners of Appeal, 104 ==== Notice of proposals for improvement contracts, 136 Numbering houses, 11, 12 Ordinances, how enforced, 63 Ordinances, warrant for breach of 11 Ordinances, to be signed by Mayor, 17 Ordinances, how passed, 18 Ordinances, publication of 18 Ordinances, service of process for violating 61 Ordinances, publication of, in pamphlets, 114 Oath of Commissioners of assessment, 37 Oath of Assessor, 128 Officers, compensation of 41 Officers, election duties and terms, 5 Officers, to give bond, 16 Penalty for breach of ordinance, 25 Penalty for not delivering books to successor, 12 Penalty for neglect of duty by officers, 99 Publication of ordinances, 18, 49 Publication of proceedings of Council, 104, 136 Powers of Council to pass ordinances, 20 Powers of Council to grade and pave streets, 37, 92 Paving streets, 22 Peddlers, 24, 49 Payment of assessment of damages, 36 Policemen to serve process, 61, 89 Policemen, powers and duties of 89, 108, 125 Policemen, payment of 125 Police Commisssioners, 123 Prison, city 20 Poll tax, 121 Quorum of Council, 17, 48 Quorum of Board of Police Commissioners, 126 Resignation of Councilmen, 17 Removal and resignation of officers, 19, 58 ---- Real estate may be sold for taxes, 30 Real estate, liens upon 30, 114, 171, 161 Redemption of lands sold for taxes and assessments, 31, 34, 135 Record of tax sales, 33 Record of assessment to be made, 36 Repeal of former acts, 43 Removal of bodies from burial ground, 45 Repeal of sections of former act, 50 Railroads, Council may allow construction of 61 Recorder, election and powers of 89, 91 Recorder, recognance before 90 Recorder, salary of 113 Registrar of Water Commissioners, 165 Sewers, construction of 22, 23, 95 Sewers in Bloomfield street, 103 School fund, to whom paid, 91 Schools, trustees of 5, 91 Streets, grading and paving, 37 Streets, change of certain ones, 46 Streets to be cleaned, direction of Street Commissioner, 109 Salaries of officers, how fixed, 40, 41 Salary of Recorder, 113 Salary of Street Commissioner, 113 Salary of Collector of Taxes, 113 Superintendent of burial ground, 45 Squares, public assessment on 92, 103 Square authorized to obtain title to, 106 Squares, improvement of, 111 Sidewalks, proceeding in repair of, 113 Surveyors may be appointed to assist Commissioners of Assessments, 119 Sunken lots, filling of and assessment for 135 Specifications for improvements to be published with notice, 136 Treasurer, duties of 13, 116 Taxes and collection of, 26, 61,93, 99, 113,116 Taxes not to exceed eight mills on dollar for City purposes, 27 ==== Taxes, how asessed, 27 Taxes, interest to be charged on unpaid 29 Taxes to pay interest on water bonds, 157 Tax payers, delinquents returned 28, 39 Taxation, property exempt from 68, 75 Tax Commissioners election, powers and duties, 133, 134 Terms of Township officers, 41 Term of office of Councilman, 79 Trustees of Schools to be elected, 91 Trustees of Hoboken Cemetery, 138 Trustees of Fire Department fund, 148 Trustees of Fire Department fund election of 149, 152 Vacancy in Board of Commissioners of Assessment, how filled, 133 Vacancy in office of Collector and Assessor, how filled, 130 Vacancy in offices, how filled, 13, 108 Vested rights of persons and corporations, 43 Vacated streets, 47 Volunteer bounty bonds, 81, 83, 85 Volunteer bounty poll tax abolished, 121 Wards, boundaries of 4, 110 Ward officers, 5 Wells and pumps, 21 Witnesses - inhabitants not incompetent, 41 Weehawken township, 52 Westerly part of city plotting and laying out confirmed, 77 Willow street improvement, assessment for 118 Water, Mayor and Council to contract for 154 Water Commissioners, 155 Water Commissioners, powers and duties, 156 Water Commissioners, election of 158 Water Commissioners, removal, 159 Water rents, collection of 161, 167 Water works, penalty for injuring 163 ==== ====

Acquisition

Accession

2012.010

Source or Donor

O'Grady, Mary

Acquisition Method

Gift

Credit Line

Gift of Mary O'Grady.

Archive Details

Date(s) of Creation

1855 - 1871

Archive Notes

Date(s) Created: 1855, 1871 Date(s): 1855-1871

General Notes

Note

Notes: Archives 2012.010.0001 ==== [cover title] Charter of the City of Hoboken, in the State of New Jersey, Passed by the Legislature of Said State, March 28, 1855, with The Several Supplements thereto, including the Supplement Approved April 6th, 1871, and Acts Creating the Fire Department of said City, Board of Water Commissioners, etc, etc. Compiled by John C. Besson, Counsellor-at-Law, for The Mayor and Council of the City of Hoboken. Hoboken, N.J.: A.O. Evans, Steam Book and Job Printer, 56 Washington St. 1871. page [3] An Act TO INCORPORATE THE CITY OF HOBOKEN Title I. — Of the boundaries and civil divisions of the city, Boundaries of City 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the inhabitants of that part of the county of Hudson embraced within the following boundaries, to wit : Beginning at a point in the middle of Hudson river due east from the mouth of Loss or Sluice creek; thence running due west to the centre of said creek at its mouth ; thence along the centre of said creek, the several courses thereof, to the great bend in the same;* thence down the centre of the principal ditch, on the west line of lands of the late John G. Costar [sic - Coster], to the public road leading from North Bergen to Hoboken :+ from thence due south to the north line of Jersey City;++ thence along said north line easterly to the mouth of Eel Creek ; thence to the middle of Hudson river ; thence northerly, up and along the middle of said Hudson river, to the point of beginning, *See act entitled "An Act to create a new township in the county of Hudson, to be called the Township of Weehawken," approved March, 1859, +See Pam. L. 1867, p. 956, sec. 6, Sup. approved April 6, 1866, For southerly boundary see supplement, approved Jan. 29, 1867. ++See "An Act to Incorporate Jersey City," approved March 18, 1851 . Pam. Laws 1851, p. 392. [end page 3] 4 HOBOKEN CITY CHARTER. be and they are hereby constituted a body corporate and politic, in fact and in name, by the name of " the Mayor and Council of the city of Hoboken ;" and they and their successors may use a common seal, and, by their corporate name, shall be in law, within the limits and under the restrictions hereinafter prescribed, capa- ble of purchasing, holding, and conveying, for the pub- lic use of said corporation, any estate, real or personal, that the public good requires to be so purchased, held, or conveyed ; and the said mayor and council of the city of Hoboken, and their successors, shall, by virtue of this act, become and be absolutely and completely vested with all the lands, tenements, hereditaments, property, rights, causes of action, and estate whatso- ever, both in law and in equity, in possession, rever- sion, or remainder, which at the time of the passing of this act are vested in or belong to the inhabitants of the township of Hoboken, in their corporate capacity, and be liable to pay all the just debts of the said in- habitants of the township of Hoboken owed in their corporate capacity. 2. And be it enacted, That the said city shall be di- vided into three districts or wards, in the manner following, to wit : All that part of the city lying south of the middle line of Third street shall constitute the first ward of said city ; and all that part lying north of the middle line of Third street, and east of the middle line of Bloomfield street, shall constitute the second ward of said city ; and all that part of said city lying- north of the middle line of Third street, and west of the middle line of Bloomfield street, shall constitute the third ward of the said city of Hoboken.* *" An Act to create a Fourth Ward in the city of Hoboken" approved March 16, 1869. [end pg 4] ==== 5 HOBOKEN CITY CHARTER. TITLE II.- Of the officers of the city, their election, duties, and term of office. 3. And be it enacted, That hereafter, and until other- wise provided for by law, there shall be elected, in and for the said city, a mayor, a treasurer, a clerk of the city, a collector, a collector of arrears of taxes,* an overseer of the poor, a superintendent of common schools, a street commissioner,++: a pound keeper,§ a chief engineer of the fire department, and one assistant engineer, who shall hold their offices for one year, all of whom shall be elected at the charter elections, ex- cept the chief engineer and the assistant engineer of the fire department, who shall be elected by the mem- bers of said department, in the same manner as pre- scribed by an act entitled, An act to incorporate the fire department of the township of Hoboken, in the county of Hudson," approved March fifteenth, one thousand eight hundred and fifty-four. 4. And be it enacted, That the ward officers shall be, for each ward, two councilmen,|| one judge of election, two inspectors of election, one assessor, one trustee of common schools, = two chosen freeholders, one consta- ble, one commissioner of appeals, and a clerk, who shall be clerk of election ; and the councilmen of each ward shall perform such duties as by the laws of the state devolve ex-officio on the town committeemen in the other townships of this state ; and each ward, for gen- eral purposes not provided for in this act, shall be con- sidered a township, and each of the three city asses- * Supplement approved April 6, 1871. |Superintendent of Schools abolished by supplement, approved March 21, 1865, sec. 12. ++Street commissioner and overseer of poor to be appointed. Supple- ment approved March 21, 1865, sec. 13. §"A pound keeper " stricken out. See act approved March 15, 1861? sec. 1. ||" Three councilmen," term of office, &c. See supplement approved Feb. 16, 1863. =Three trustees. See supplement approved March 21, 1865, sec. 10 [end pg 5] 6 HOBOKEN CITY CHARTER. sors shall, in the meeting of county assessors, have the same voice as the assessors of any township in the county.* 5. And be it enacted. That the charter election shall be held on the second Tuesday in April, in each year, at such place, in each ward, as a majority of the council shall designate ; provided, however, that the first elec- tion shall be held for the first ward, in the town hall ; for the second ward in school room in Washington street, near Fourth ; and for the third ward, in the academy on public square on north side of Fourth street, in rear of Methodist church, or at such other places as the. township committee may direct; said elections shall be held and conducted by the judge, in- spectors, and clerk of election, at the same hours, in the same manner, and under the same regulations, in all things, as prescribed bylaw for the state elections and for members of the legislature, except that the re- turn of the election shall be made to the city clerk within forty-eight hours after the closing of the polls, which return shall be a full, true, and correct copy of the original statement of the result of such election, made by such judge and inspectors, and shall be signed by them with their own hands and attested by the clerk, and the city clerk shall, when he receives such return, immediately file the same in his office as an official paper. 6. And be it enacted, That every person who would, by the existing laws of the state, be entitled to vote at an election for members of the legislature, if held on that day, shall be entitled to vote at the charter elec- tion ; and any person voting in any ward shall have actually resided in said ward at least five days pre- vious to such election, and he shall be entitled to vote in that ward, and no other ; and no person shall be *See supplement approved April 6, 1871. [end pg 6] ==== 7 HOBOKEN CITY CHARTER. 7. eligible to vote upon any proposition appropriating moneys raised or to be raised by taxation, unless he shall be entitled to vote at the charter elections for charter officers. 8. And be it enacted, That the person or persons re- ceiving the greatest number of votes of those given in the city, for any city office, and of votes given in each ward, respectively, for any office in that ward, shall be elected to that office. 9. And be it enacted, That the judge of election in each ward, in every such election, shall attend the meeting of the board of city canvassers, hereinafter provided for, as a member thereof, with the original statement of the result of such election in such ward, which shall have been made, signed and certified as herein before directed; that the judges of election, to- gether with the members of the board of councilmen whose term of office will not expire till after the next succeeding charter election, shall constitute the board of city canvassers ;* a majority of said board shall be a quorum, and the city clerk shall be clerk of said board ; that such board shall meet on the Friday next after such election, at five o'clock in the afternoon of that day, at the council chamber in said city, and at that hour, without delay, the members of said board who shall be then present, if more than five in number, shall proceed to choose one of their number, who shall be chairman thereof; and as soon as such chairman shall be appointed, it shall-be his duty to administer to each of the other members, and of each of the other mem- bers to take an oath or affirmation in the following form : " I do swear (or affirm, as the case may be,) that, I will faithfully and impartially execute the duties of a member of this board of city canvassers according to law and thereupon one of the members of said board [end pg 7] ==== 8 HOBOKEN CITY CHARTER. shall administer to said chairman, and said chairman shall take an oath or affirmation in the same form as that taken by the other members of such board ; and if the city clerk shall be absent at such meeting, at the time appointed therefor, the board shall forthwith, alter the oaths or affirmations shall have been admin- istered, as herein before directed, proceed to appoint a fit person to be clerk of such board; and before pro- ceeding to canvass and estimate the votes, the chairman of the said board shall administer to the clerk thereof, and the said clerk shall take an oath or affirmation in the following form : " I do swear (or affirm, as the case may be,) that I will faithfully execute the duties of clerk ot this board, according to law thereupon the judges of election, who shall be present as members of said board, shall produce the original statements which shall have been delivered to them, respectively, by the electors, and lay the same before such board ; and from them the said board shall proceed to ascertain the votes given at such election, for the several persons voted for thereat, for the several offices mentioned in such statements. 9. And be it enacted, That if any of the judges shall be unable to attend such meeting, on the day appointed therefor, he shall, at or before the hour of five o'clock in the afternoon of that day, deliver, or safely transmit to the city clerk, the original statement of the result of the election, which shall have been delivered to him, as herein before directed ; and if, from any cause, such original statement shall not be produced to said board of citj- canvassers at the time appointed for the meet- ing of said board, the city clerk shall produce and lay before the said board the certified copy thereof filed in his office ; and thereupon the said board shall proceed to make their statement and declaration from such cer- tified copy, in the same manner and with the same effect as if the original statement had been produced [end pg 8] ==== 9 HOBOKEN CITY CHARTER. by the judge of election to whom the same was deliv- ered. 10. And be it enacted, That the said board of can- vassers shall make a written statement of the whole number of votes given for mayor of said city, as well as for the several other officers to be elected for said city, and the several wards thereof, the names of the persons for whom such votes, were given, and the num- ber of votes given for each. 11. And be it enacted, That upon such statement, the board shall proceed to determine and declare what person or persons have received the highest number of votes for each of the offices mentioned in such state- ment ; in case any two or more persons shall have re- ceived an equal number of votes for the same office, a new election shall be ordered within five days from the meeting of said board, to fill any or all such offices; the statement and final declaration of the board shall be certified by the presiding officer and clerk, and filed in the office of the city clerk. 12. And be it enacted, That the clerk shall keeps proper minutes of the proceedings of the board, and to enter the same, with the statement and declaration of the board, in the book of minutes of the council ; said statement and declaration shall, within one week there- after, be published in one or more of the newspapers printed in said city ; and within ten days after the board shall have determined what persons have been elected to the several offices in said city, the said clerk shall cause written notices of his election to be given to each of the persons so elected. 13. And be it enacted, That all elections hereafter to be held within the city, for members of the senate and the general assembly of this state, for sheriff, clerk, surro- gate, and coroners of the county of Hudson, and for members of congress and electors of president and vice- president of the United States, or for any other officers- [end pg 9] ==== Status: OK Status By: dw Status Date: 2012-02-29