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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 reWlew. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That if said court shall be of the opin-osion that said assessment is in any respect irregular or de-langro fective, it shall be lawful for said court to refer the said as to sessment back again to said commissioners to make a new ... assessment 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 sistent with this act be and the same are hereby repealed, and this act shall be taken and deemed to be a public act shall take effect immediately.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.

1. BE IT ENActed by the Senate and General Assembly of the State of New Jersey, That Daniel Van Winkle, Isaiah ...; Rynders and Henry McDanolds be authorized to give notice on of a meeting to be held for the purpose of electing ten com." missioners, ă. 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

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

.** 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- 3. And be it enacted, That it shall be lawful for the com

Sioners - - - - lected to missioners elected as aforesaid or a majority of them to

*...* widen, grade and improve that part of the river road in the road. 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 4. And be it enacted, That the said commissioners may ##, include in said road such portions of the present river road ... as they may deem advantageous, and the parts of said presoil ent river road which shall not be included in the new road, ed. 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. ‘. 5. And be it enacted, That the said commissioners, their agents. Ac., agents, surveyors, and others in their employ, shall have full *:::::"...power to enter at all times upon lands for any of the purties. poses contemplated by this act; and said commissioners may ...]". any lands necessary to be taken and *. ted 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 $y such owners, over and above the benefits which will accrue to such owners by reason of opening and widening said road. $..., , 6. And be it enacted, That the said commissioners shall orale. fix the grade of said road, determine the courses of the 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 damaes, a cost exceeding thirty-seven and one-half cents per

ineal 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.

7. And be it enacted, That the said commissioners shall Commiskeep separate accounts of the costs and expenses incurred to. in the two districts; and expenses incurred for the two dis-. tricts jointly, if any, shall be apportioned between the two districts by the said commissioners in such manner as shall be iust.

g And be it enacted, That the commissioners may issue To issue certificates of indebtedness for damages awarded for lands;” taken 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, rei. 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.

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

ges awarded for lands taken in that district, and the proportion of the joint costs apportioned to that district, pursuant to section seven of this act, together with the fees of the collector, for collecting the assessments, as hereinafter provided; and also such further sum as they may deem necessary to meet any other expenses that they may incur in that district, in carrying out the provisions of this act, such further sum not to exceed for each distriet, one hundred dolTo make lars; and said commissioners shall make the said assessment in on said lands in proportion to the benefit received, in their F. judgment, by the owners thereof; and they shall make a received, map showing the boundaries of the lands so assessed, and the course, length, and location of the road opened and widened ; and shall mark the amount of the assessment to any owner upon the plot of his land, and shall make a certificate of the whole amount of the assessment, and the To give no- amount assessed to each owner; whereupon the said comji, to missioners shall give ten days' notice, by posting the same }; ot-at five conspicuous places on the line of the improvement, that they will meet at a time and place, to be specified in said notice, to hear and consider Aft objections to said assessments, and to correct and finally confirm the same ; and Assess, notwithstanding any error in said certificate in not naming to the true owner or owners of any lot or parcel, the said as: }... sessment shall remain valid and effectual against such lot errors, or parcel and be collected in the manner hereinafter prescribed; and if in said assessments or certificate any errors be made in not dividing any plot according to its actual ownership, such errors shall not defeat or impair the aasessments; §: the commissioners shall, upon application to them, divide said assessments, and apportion them to such

lots. *::::... 10. And be it enacted, That the said map and certificate, Moon. when finally o and confirmed, shall be filed in the yo to be office of the clerk of the county of Bergen, from which - time the said assessments shall be liens on the lands on ‘...., which they are respectively made; and the said commisHeilor cop-sioners shall deliver copies of said map and certificate to the §§" collectors of taxes for the time being of the townships of * Lodi and Saddle River; and thereupon it shall be the $o duty of the said collectors to collect the said assessments asassessment sessed in their respective townships, within sixty days from the time they receive said maps and certificates, in the same manner in which township taxes are collected, and to pay the same over to one of the said commissioners, who shall have been chosen by them as their treasurer; and the said collectors shall proceed in all things as by the laws of this state township collectors are bound to Fo where not otherwise herein specified, and shall be liable to the same pains and penalties prescribed in such cases.

11. And be it enacted, That in case any owner or owners Rate of in

terest of

of lands shall fail to pay the assessment laid thereon, with-jent

in sixty days from the time the collectors received the said

at the rate of twelve per centum per annum, until paid,
and the collectors i. return the same in the same man-
ner, and all subsequent proceedings, including the sale of
lands so assessed, shall be the same as if they were to be
had for any unpaid taxes; and the moneys made by vir-
tue of the sale of lands or chattels shall be paid over to
the treasurer of said commissioners.
12. And be it enacled, That if the office of any of said
commissioners shall become vacant by death, refusal to act,
or otherwise, the remaining commissioners may choose a
rson to fill such vacancy; and the said commissioners, be-
ore they enter upon the o of their duties, shall
take and subscribe an oath, before a justice of the peace,
that they will faithfully and impartially perform the duties
required of them by this act.
13. And be it enacted, That this act shall be a public act,
and take effect immediately.
Approved March 27, 1874.

not paid in certain

maps and certificates, said assessments shall draw interest time.

Vacancy how filled.

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