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this act, then said commissioners shall proceed to drain the same as is herein before provided.

11. And be it enacted, That all acts or parts of acts, incon- Repealer. sistent with the provisions of this act be and the same are hereby repealed, and this act shall take effect immediately. Approved March 27, 1874.

CHAPTER DXVII.

A supplement to an act entitled "An act relative to taxes in certain counties of this State," approved April second, one thousand eight hundred and sixty-nine.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the provisions of the act entitled, Certain provisions "An act relative to taxes in certain counties of this state," extended. approved April second, one thousand eight hundred and sixty-nine, be and the same are hereby extended to the township of Raritan, in the county of Middlesex.

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

Approved March 27, 1874.

CHAPTER DXVIII.

A supplement to an act entitled, "A further supplement to an act entitled, 'An act to establish the Long Branch Police, Sanitary and Improvement Commission,'" approved April eleventh, one thousand eight hundred and seventythree.

Long

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the Long Branch Police, Sanitary Branch Po

lice, Sani

tary and Improve

mission

ize the con

horse rail

road.

and Improvement Commission shall have power to authorize ment Com- the Sea Shore Land Company of New Jersey, incorporated empowered by an act of the legislature of New Jersey, approved March to author seventeenth, one thousand eight hundred and seventy-four, struction of and such other parties as may be associated with them, to construct a horse railroad within the corporate limits of Long Branch, New Jersey, and extending beyond said limits to the waters of Pleasure Bay, at or near a wharf near Price's hotel, subject to the provisions of an act entitled, "An act to authorize the formation of railroad corporations and regulate the same," approved April second, one thous and eight hundred and seventy-three, so far as the same may be applicable to the formation and operation of horse railroads; provided, that the amount of capital stock necessary to be subscribed shall not be less than four thousand dollars per mile; and provided, that the route and extent of said horse railroad shall be first defined by the authorities of the said corporation of Long Branch; and provided, that said horse railroad need not be operated except during the months of June, July, August and September; and provided Proviso. further, that the charge for passengers shall not exceed five cents per mile, and for freight ten cents per ton per mile. 2. And be it enacled, That this act shall be deemed a public act and shall take effect immediately. Approved March 27, 1874.

Proviso.

Proviso.

Proviso.

CHAPTER DXXVI.

A further supplement to an act entitled "An act to improve Bergen Wood Road, in Hudson County," approved April ninth, one thousand eight hundred and sixty-eight.

Preamble. WHEREAS, John Brinkerhoff, John Reid, and Charles Roe, three commissioners appointed by the supreme court of New Jersey, have made a new assessment in the matter of section one of Bergen Wood Road, in Hudson county; and whereas, objections have been made to said assessment for various reasons, and among others that the amount

assessed is too large, there being included therein certain items which are claimed to be irregluar and illegal; and writs of certiorari have been or are about to be applied for to remove said assessment, and the proceedings of said commissioners to the supreme court of New Jersey for review.

If assess-
ment irreg-

fective, to

back to

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That if said court shall be of the opinion that said assessment is in any respect irregular or de- ular or defective, it shall be lawful for said court to refer the said as- be referred sessment back again to said commissioners to make a new commisassessment or for correction and revision in such particulars stoners. and matters as said court shall order; and said commissioners are hereby authorized and empowered to make a new assessment or revise, alter, and correct said assessment accordingly; and the report thereof shall be made and filed, and assessment collected as now provided by law in case of a new assessment on said road.

2. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with this act be and the same are hereby repealed, and this act shall be taken and deemed to be a public act shall take effect immediately. Approved March 27, 1874.

CHAPTER DXXVII.

An act to widen, grade and improve River Road, in the
Townships of Saddle River and Lodi, in the County of
Bergen.

missioners

elected.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Daniel Van Winkle, Isaiah Road comRynders and Henry McDanolds be authorized to give notice by whom of a meeting to be held for the purpose of electing ten commissioners, five in each district, to lay out and grade a public road in the said townships of Saddle River and Lodi as hereinafter mentioned; such notice shall specify the time, place and object of the meeting and shall be posted at five

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ballot.

places on the line of the proposed improvement and a copy thereof left at each dwelling house on the line of said improvement at least five days before the time appointed for such meeting.

Election to 2. And be it enacted, That at said meeting an election be held by shall be held by ballot, and the owners of land on the line of the proposed improvement shall be entitled to one vote for each foot of land owned by them respectively and fronting on said improvement, and at such meeting there shall be elected by said voters in each district five commissioners in each district.

Commis

sioners

improve

certain

road.

3. And be it enacted, That it shall be lawful for the comelected to missioners elected as aforesaid or a majority of them to widen, grade and improve that part of the river road in the said townships of Saddle River and Lodi, beginning at the southerly side of the Midland railway and ending at the Paterson and New York plank road; that part of the same lying north of the centre line of Van Winkle avenue to be denominated for the purposes of this act, "the first district," and the part lying south of said centre line "the second district," the width of the road bed in each district shall be forty-two feet, and a sidewalk eight feet in width.

Certain

portion of

included in

4. And be it enacted, That the said commissioners may present riv- include in said road such portions of the present river road er road not as they may deem advantageous, and the parts of said presnew road, ent river road which shall not be included in the new road, to be vacat-when opened, shall be and the same are hereby vacated, and said vacated parts of said road shall revert again to the persons now owning the land from which it was originally taken.

Commissioners,

their pow

ties.

5. And be it enacted, That the said commissioners, their agents, &c., agents, surveyors, and others in their employ, shall have full ers and du- power to enter at all times upon lands for any of the purposes contemplated by this act; and said commissioners may appropriate any lands necessary to be taken and appropriated for widening and opening said road as aforesaid, upon issuing to the owners certificates of indebtedness, as provided in section eight of this act, for the excess of damage, if any sustained by such owners, over and above the benefits which will accrue to such owners by reason of opening and widening said road.

Commissioners to

6. And be it enacted, That the said commissioners shall Ax grade, fix the grade of said road, determine the courses of the

&c.

same, and the character of the work to be done; provided, Proviso. that they shall not incur for work in either district, and including any amounts awarded in either district for damages, a cost exceeding thirty-seven and one-half cents per lineal foot for the number of feet fronting on the improvement in that district; and when the said commissioners shall proceed to grade and improve the said road, they shall do the two districts separately; they shall prepare plans and specifications of the work to be done, which shall be at all times open to the inspection of parties liable to be assessed for the cost of the work; and the said commissioners may, if they deem best, cause the said work, or any part thereof, to be done by contract, and in all cases contractors shall be required to give sufficient security for the faithful performance of the work agreed to be done by them; provided, that it shall not be lawful for any of said Proviso. commissioners to be interested directly or indirectly in any contract given out by them under this act.

sioners to

counts.

7. And be it enacted, That the said commissioners shall commiskeep separate accounts of the costs and expenses incurred keep separin the two districts; and expenses incurred for the two dis- ate actricts jointly, if any, shall be apportioned between the two districts by the said commissioners in such manner as shall be just.

certificates

8. And be it enacted, That the commissioners may issue To issue certificates of indebtedness for damages awarded for lands of indebttaken for the widening of said road, and the like certificates edness. to the surveyors, workmen and agents, for services rendered; and upon the certificates of the surveyor of the amount of work done, to issue like certificates of indebtedness to the contractor or contractors for work done, in sums of not less than fifty dollars, as the work progresses, and on the completion of the work for the balance due; which certificates shall bear interest from their dates, respectively, and shall be payable at the times to be specified therein, by the commissioners; and such certificates shall be receivable in payment for assessments laid by said commissioners, as hereinafter provided.

expense af

9. And be it enacted, That when the commissioners shall To assess have completed the widening and improving of said road, cost and they shall assess in each district upon the land in that dis- ter work trict fronting on the said road, the cost and expense of said completed. improvement incurred in that district, including the dama

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