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Provision for payment of

ration of twenty five years.

case of sale of said stock, either at public or private sale, the proceeds thereof shall be applied by said commissioners respectively to the purchase or redemption of the bonds authorized to be issued by this act, and for no other purpose what

ever.

7. And be it enacted, That at the expiration of twenty-five unpaid bonds years after the passage of this act it shall be and hereby is the exp made the duty of the said board of assessors, and they are hereby authorized, unless the payment of said bonds is otherwise provided for, to cause to be assessed and levied and collected on the real and landed estate of each of said townships, at the time and in the manner as other taxes are assessed, levied and collected, the sum due on the said bonds so issued in pursuance of this act, together with the interest on said principal sum, or so much thereof as may remain unpaid by reason of the deficiency of the dividends and sale of said stock; the amount so to be raised under the authority of the said township committees for the payment of the principal or interest shall be determined by the report of the said commissioners, respectively, to the said township committee as hereinbefore authorized by this act.

annual pay

ments.

Provisions for 8. And be it enacted, That the said commissioners shall also provide, within five years from the time of issuing said bonds, for the annual payment of at least five per centum of the same so as to insure the final liquidation of said bonds within twenty-five years after their date, and for that purpose they shall receive and apply annually the surplus dividends on the stock held by said townships over the amount necessary to pay the semi-annual interest on said bonds; and if the amount of such surplus dividends is not sufficient for the annual payment of said five per centum, and the said commissioners shall not have received sufficient from the sale of stock as herein provided to pay the same, then the deficiency shall be reported by the said commissioners to the township committee, to be levied and raised annually in the manner herein provided for paying the interest on said bonds.

Commissioners to give

proved sure

les.

9. And be it enacted, That before the said commissioners, bond, with ap or either of them, shall enter upon the discharge of their duties under this act, they shall jointly and severally, with two or more sureties, execute to their respective townships by their respective corporate names, a bond in the penal sum equal to the amounts to be issued to said townships under and by virtue of this act, conditioned for the faithful discharge of

their duties as commissioners under this act, and for the just and honest application by them of all moneys, stocks or bonds issued by them or coming into their hands, according to the true intent and meaning of this act; the sufficiency of such sureties shall be determined by the township committee of such township respectively, or by the judge of the circuit court of the county in which such township is situated, to be endorsed on said bonds; said bonds shall immediately thereafter be deposited with the clerk of each of said townships, to be safely kept under the direction and control of the township committee, to be collected by them or their successors in office, for the use and benefit of said township, in case the said commissioners, or either of them, are guilty of such a breach of duty or malfeasance in office as to render said bond collectable.

how filled.

10. And be it enacted, That in case a vacancy shall happen Vacancies, by reason of death, removal from said township, resignation or refusal to serve or otherwise, of either of said commissioners provided for in this act the vacancy shall be filled by the remaining commissioners of the township in which the vacancy so exists, by appointment, in writing, to be deposited with the township clerk of said township; each and every person so appointed shall, before he enters upon the discharge of his duties, execute and deliver to the said township in like manner, a bond in like amount, with like conditions and securities as hereinbefore provided; and all provisions of this act shall apply to the successors of the commissioners provided for in this act, whose powers and duties and liabilities shall be the same as those of the commissioners first appointed under this

act.

per diem.

11. And be it enacted, That each of the said commissioners Compensation shall receive the sum of two dollars per day for each day actually engaged in the discharge of his duties under this act, and his necessary disbursements to be audited and paid by the township committee the same as other township expenses.

12. And be it enacted, That the commissioners in each of Quorum. said townships shall constitute a board to act for their said townships respectively, and a majority of said commissioners in each of said boards shall constitute a quorum to do any business authorized by this act.

13. And be it enacted, That on the expiration of the term of office of either of the commissioners provided for in this

ers to be resi

dents of the

they

Commission- act, or of their successors, his place shall be filled in the manner provided in the first section of this act, and the comtownships for missioners so appointed, as well as those to be appointed under the tenth section of this act, shall be residents and freeholders of the township for which they are to act as such commissioners.

act.

Bonds to be registered.

14. And be it enacted, That all bonds issued in accordance
with the provisions of this act shall be registered in the office
of the county clerk of the county in which the township is
situated, issuing the same, and the words "registered in the
county clerk's office," shall be printed or written across the
face of each bond, attested by the signature of the county
clerk when so registered, and no bond shall be valid unless so
registered.

15. And be it enacted, That this act shall be a public act,
and shall take effect immediately.
Approved April 9, 1868.

Taking of fish prohibited

tain period.

CHAPTER CCCXCVIII.

An Act to regulate fishing in the creeks and sounds in the
lower township in the county of Cape May.

1. BE IT ENACTED by the Senate and General Assembly of within a cer- the State of New Jersey, That from the twenty-fifth day of June to the fifth day of September in each and every year the taking of fish in the creeks and sounds in the Lower township, in the county of Cape May, by seines of any description, be and the same is hereby prohibited south and east of a line beginning at a place called Poignard Point, in the northerly part of Jarvis Sound, running westward of the head of Middle Thoroughfare, to a point in Mill Creek, called the Deep Hole.

Penalty for

violation of this act.

2. And be it enacted, That any person or persons violating the provisions of the preceding section of this act shall be subject to a penalty of fifty dollars to be sued for and recovered before any court of competent jurisdiction, one-half of the said penalty to go to the person prosecuting the suit, and the other half to be paid to the collector of the county of Cape May.

L

3. And be it enacted, That this act shall take effect imme

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An Act for the appointment of Commissioners in relation to supplying the city of Elizabeth, with pure and wholesome

water.

ers shall be

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the city council of the city of CommissionElizabeth, shall on the first stated meeting of said city coun- appointed. cil, after the approval of this act, appoint five freeholders of said city who shall constitute a board to be known as the water commissioners of the city of Elizabeth.

commission

2. And be it enacted, That it shall be the duty of the said commissioners and they are hereby authorized to examine and Duty of the consider all matters relative to supplying the said city of Eliz-ers. abeth with a sufficient quantity of pure and wholesome water for the use of the inhabitants of the said city, and the amount of money necessary to effect that object, and also to make an estimate and appraisement of the actual cost and present value of the works and property of the Elizabethtown water company.

surveyors to

3. And be it enacted, That the said commissioners shall have Engineers and power with the consent of the said city council to employ be appointed. engineers, surveyors and such other persons as in their opinion may be necessary to enable them to fulfill their duties under this act.

ers to make

4. And be it enacted, That the said commissioners shall commission make a report of their proceedings under this act, which shall report. contain their opinion as to the best plan of furnishing the city of Elizabeth with a sufficient supply of pure and wholesome water, and an estimate of the expense of carrying such plan into effect, also the reasons and calculations upon which such opinion and estimate may be founded, and generally all such information connected with the object of such improvement as

Report to be made to legislature.

Expenses and compensation

order of city council.

they may deem important, and also their estimate and appraisement of the works and property of the Elizabethtown water company.

5. And be it enacted, That the said commissioners shall present a copy of said report to the city council of the city of Elizabeth, on or before the first day of December next, and their said report shall be made and presented by them to the legislature on the second Tuesday of January, eighteen hundred and sixty-nine.

6. And be it enacted, That all reasonable expenses to be to be paid by incurred under this act, and the compensation of the said commissioners, engineers, surveyors and other persons employed, to be fixed by the city council, and not increased or diminished during their term of office, shall be paid by order of the city council for which purpose they are hereby authorized to raise money by tax in the same manner as they are now authorized to do for the expenses of the said city.

7. And be it enacted, That this act shall take effect immediately.

Approved April 9, 1868.

May have

four commissioners.

Repealer.

CHAPTER CCCC.

A Supplement to the act entitled "An Act relative to Commissioners for taking the Acknowledgment and Proof of Deeds," approved April fifteenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That hereafter it shall be lawful to appoint four commissioners for taking the acknowledgment and proof of deeds in the First ward of the city of Hoboken, in the county of Hudson.

2. And be it enacted, That so much of the act to which this is a supplement, and of the supplements thereto, as is inconsistent with the provisions of this act, be and the same are hereby repealed, and that this act shall take effect immediately.

Approved April 9, 1868.

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