Township Act of 1798

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The Township Act of 1798 (PL 1798, p. 289) is an Act passed by New Jersey Legislature on February 21, 1798 that formally incorporated 104 municipalities in 14 counties.[1] It set standards on format for government of townships. The act was largely replaced by subsequent laws.

New Jersey municipal government Flag of New Jersey
Traditional forms
Borough Township
City Town Village
Modern forms
Walsh Act commission
1923 municipal manager
Faulkner Act forms
Mayor–council Council–manager
Small municipality
Mayor–council–administrator
Nonstandard forms
Special charter
Changing form of municipal government
Charter Study Commission

Township government

The Act created towns with a direct democracy form that resembled the early New England town meeting.[2] At the annual town meeting, people were able to vote if they met all of the following criteria

  • white male
  • over the age of 21
  • citizens of New Jersey
  • residents of the town for at least 6 months
  • and for at least a year paid
    • taxes on an owned house or
    • $5 in taxes on a rented house

The Act explicitly allowed the town meetings to manage the town by improving common land, pass municipal laws and ordinances, and to maintain the roads. The people also elected officials for one year: a clerk, tax collector, at least three "freeholders", and a judge.

Original townships and counties

In the following list, the 104 incorporated towns are provided along with the original 14 counties they were part of in 1798. Some of the towns are in different counties. The number in the brackets indicate the year the town originally was founded or of earliest mention.

Bergen County

Burlington County

Cape May County

Cumberland County

Essex County

Gloucester County

Hunterdon County

Middlesex County

Monmouth County

Morris County

Salem County

Somerset County

Changes since 1798

New counties and towns

Since the act was passed, several additional counties were created: Atlantic County in 1837, Camden County in 1837, Hudson County in 1840, Mercer County in 1838, Ocean County in 1850, Passaic County 1837, Union County in 1857, and Warren County in 1824, totaling 21 counties. The township count is currently at 565.

Laws

The Township Act of 1899 provided sweeping changes. The Town Meeting, a staple of towns for the past 101 years, was eliminated in favor of consolidating in the hands of a greatly strengthened township committee, which were given policy-making power. The only provision left unchanged was regarding money. The people of a town keeps the power to determine the direction of the power of the money, albeit through a ballot box instead of through a town meeting.

The original provisions of the Township act of 1798 have largely been replaced by several acts in the 20th century. Most of the modern New Jersey towns are incorporated under the 1911 Walsh Act, 1923 Municipal Manager Law and the 1950 Faulkner Act.

References

  1. Laws of New-Jersey, p. 332. Joseph Justice, 1821. Accessed December 14, 2015. "AN ACT incorporating the inhabitants of townships, designating their powers and regulating their meetings. Passed the 21st of February 1798."
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