their opinion be necessary, convenient, and desirable, and shall have the power to appoint and employ such officers and agents as they may deem expedient.

managers.

3. And be it enacted, That there shall be an election of Election of managers held, on the second day of March next, and in each and every year thereafter; previous notice shall be given for two weeks by handbill or newspaper publication, as the managers of said association shall think proper, at which election each share of stock shall entitle the holder thereof to one vote.

be inclosed.

4. And be it enacted, That it shall be the duty of the said Cemetery to association to cause said cemetery to be inclosed by a good substantial inclosure (if the same is not already so inclosed), and at all time to keep such inclosure in good order and repair.

exempted

5. And be it enacted, That the lands of the association, Lands to be and the burial lots that may be made out of the same, shall from tax. be for ever exempt from taxation, and shall not be liable to be seized or taken by virtue of any process issued out of any court in this state, on account of any claim or claims which may arise after such lands have been converted into a cemetery.

be opened

6. And be it enacted, That no public street or road shall No streets to hereafter be opened through the cemetery grounds without through the consent of the association.

Approved March 1, 1859.

grounds.

Preamble.

President,

&c., author

ized to convey property.

ment of com

CHAPTER XVII.

AN ACT to authorize "the President and Directors of the Trenton Water Works" to convey their works and franchises to the city of Trenton, and to provide for the management of said works.

WHEREAS, "the inhabitants of the city of Trenton" have purchased the whole of the capital stock of "The President and Directors of the Trenton Water Works," and have thus become the real owners of said works, but are compelled to manage and conduct the same pursuant to the provisions of the charter of said company, in whom the legal title to said work is still vested, therefore

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for "The President and Directors of the Trenton Water Works," and they are hereby required on or before the first day of May next, to convey unto "the inhabitants of the city of Trenton" all the real estate, works and property, and all the corporate rights, powers, franchises, and privileges of said company; and that upon the due execution of such conveyance, the legal title to said real estate, works and property, and all the corporate rights, powers, franchises and privileges of said company shall pass to and vest in "the inhabitants of the city of Trenton," in as full and ample a manner as the same now are or heretofore have been held and enjoyed by the said company.

Appoint- 2. And be it enacted, That the said water works shall be missioners. conducted and managed exclusively by and through a

board of commissioners to be appointed as hereinafter directed, and that all the authority, powers and duties relative thereto now exercised and performed by the president and directors of said company shall be exercised and performed by said commissioners, except as is hereinafter provided; and in pursuance of this authority the said

commissioners may appoint and employ all proper clerks, officers, agents and assistants necessary or convenient for the purposes aforesaid at such compensation as they may deem reasonable; provided, that the said commissioners Proviso. shall have no power or authority to create loans or borrow money, and shall not be entitled to take or receive any compensation for their services.

be issued for

debts.

3. And be it enacted, That the real estate, works and Bonds may property hereby authorized to be conveyed to the inhabit- payment of ants of the city of Trenton, and the income thereof shall be and remain liable in their hands for the payment of all debts heretofore contracted by the president and directors of the Trenton Water Works; and that for the purpose of paying such debts and to provide for the further extension of said water works, it shall and may be lawful for the common council of said city, upon the written application of said commissioners, to issue the bonds of the city for an amount not exceeding in the whole the sum of fifteen thousand dollars, which bonds shall not be disposed of at less than par value, and shall bear interest at the rate of six per cent. per annum, payable semi-annually, and shall not be subject or liable to any tax which may be levied or assessed by order of the common council of said city; provided, that such bonds shall not be issued in any case Proviso. except a majority of the whole number of said council shall concur therein.

how applied.

4. And be it enacted, That the said bonds or the proceeds Proceeds, thereof, when sold by the said commissioners, shall be applied first, to the payment of the debts of the president and directors of the Trenton Water Works, and the balance, if any, shall constitute a fund for the future extension of said works, and shall be used exclusively for that purpose, and no other.

revenue,

5. And be it enacted, That the net rents and revenue re- Rents and ceived from the said water works, after paying all expenses how applied. for maintaining the works and extending the pipes, and paying salaries, wages and incidental expenses, shall be appropriated, first to the payment of the interest on the bonds

Proviso.

Moneys to be

paid to city

treasurer.

Assessment to be made

of interest.

heretofore issued for the purchase of the stock of said company, called the "water loan," and also on the bonds issued pursuant to the provisions of this act, which shall be deemed part of said loan, and the balance thereof shall be set apart as a sinking fund for the payment of the principal of said bonds; and that no part of said rents and revenue shall be appropriated or used for any other purpose whatever until the whole of said debt is paid and satisfied; provided, that the said commissioners shall not expend out of said water rents in any one year more than five hundred dollars for extending the pipes, and all extensions shall be charged to construction account, and they shall not make any such extension or improvement (necessary repairs excepted), the cost of which shall exceed said amount, in any one year, unless the common council shall have previously authorized the issue of city bonds for the purpose of paying therefor.

6. And be it enacted, That the said commissioners shall, on the last Monday of April, and on the last Monday of October in each year, pay over to the treasurer of the city of Trenton so much of the net rents and revenue of said works for the preceding six months, as will be sufficient to pay the semi-annual interest on the bonds mentioned in the last preceding section; and shall on the same days pay over the surplus, if any, to the "Commissioner of the Sinking Fund" of said city, to be by him safely invested in the same manner that other city moneys are invested by him, and allowed to accumulate as a sinking fund for the payment of said bonds at maturity.

7. And be it enacted, That until such time as the net for payment rents and revenue of said works shall be fully sufficient to pay the interest of said water loan, it shall be the duty of said commissioners, in the month of April in each and every year, to certify to the common council of said city what in their opinion will be the net revenue of said works for the ensuing year applicable to the payment of said interest; and thereupon the said common council may impose, assess, and collect such an amount of tax as shall be

sufficient, with the estimated net revenue of said works, to pay the interest on said water loan for that year; and the said common council are hereby empowered to add to the amount they now are or hereby may be authorized to raise in the general assessment, such sum as shall be necessary for the purpose aforesaid, notwithstanding any limitation or restriction contained in the charter of said city, or the supplement thereto.

be kept of

paid.

8. And be it enacted, That the city treasurer shall keep Accounts to a separate account of all moneys received and paid by him interest on account of the interest of said water loan, particularly specifying therein the amounts received semi-annually from the water commissioners, as also the amount raised by taxation for the purpose of paying said interest, the whole of which shall be credited in said account and applied exclusively to the purpose aforesaid.

ers to make

statement.

9. And be it enacted, That a majority of said commis- Commissionsioners shall constitute a quorum for the transaction of annual business, and they shall keep regular books of account, and books for recording the whole of their official proceedings, and all such books shall be open at all times to the examination of any member of the common council of the city of Trenton, and of any person or persons appointed by said common council for that purpose; the said commissioners shall also, on the first Monday in February of every year, make a report to the said common council of the condition of the said water works, accompanied by a detailed statement of their receipts and expenditures on account of the same, an abstract of which shall be published with the annual statement of the city treasurer.

&c., of com.

to be binding

10. And be it enacted, That all the contracts and engage- Contracts, ments, acts and doings of the said commissioners within missioners the scope of their duty or authority, shall be obligatory on city. upon, and be in law considered as done by the inhabitants of the city of Trenton, and any judgment recovered against the said commissioners in their official capacity, as provided in the next succeeding section, shall have the same force and effect as a judgment against the city, and shall