by the said board to the use of the public highways in such district, and not in any other district. priate such shall deem ways. 6. And be it enacted, That the said assembly shall be con- May approducted according to such general rules as the said board may sum as they from time to time prescribe, and shall decide, vote and ap necessary for propriate such sum or sums as they shall deem necessary or public highproper for the use of the public highways in the district, and the tax so voted shall be assessed by the township assessor, and collected by the township collector in the manner provided by law for the assessment and collection of taxes in said township, and shall be paid over by the officer or officers receiving the same, to the president of the said board, to be by the said board applied to the purposes prescribed by this act. and remove 7. And be it enacted, That the said board may appoint, May appoint employ, remove, and discharge from time to time such super surveyors, &c. intendents, surveyors, engineers, and laborers, as they may deem necessary in order more effectually to carry out the intention of this act, and pay them such compensation or wages as they shall deem fair and reasonable. open, widen, cate public 8. And be it enacted, That the said board shall (sub- May lay out, ject only to the right of appeal and review hereinafter provi- grade and va ded) have the full and exclusive power and authority to lay highways. out, open, alter, widen, and straighten, grade and vacate public highways in the said township of Hackensack; that whenever the said board upon the application of twelve freeholders of the said district, made in writing, shall deem it expedient to lay out, open, alter, widen, straighten, grade, or vacate any public highway, or any number of connecting public highways in said township; the said board shall cause a map of such proposed improvement to be made and filed in their office, and which map shall be open to inspection at all reasonable times by any person desiring to inspect the same, and shall thereupon cause notice to be given by publication in a newspaper printed and published in the county of Bergen, once a week for four weeks, requiring all persons interested therein to appear before said board at a convenient time and place to be specified in said notice, when and where the said board shall hear and weigh all objections to the said improvement, and thereupon the said board shall decide and determine upon the necessity of such proposed improvement, and if the said board shall decide and determine in favor thereof, they shall make their decision in writing, and shall award such damages as they may deem just to each and every Property lic use. person affected thereby, and assess such lands as they may deem benefited in proportion to the benefit, in their judgment, received by the owners thereof, and file the said map and their award, and a particular description of the improvement so decided upon, in the office of the clerk of the county of Bergen, within ten days after making such award, and the said board shall give notice of such filing by publication in a newspaper printed and published in the county of Bergen, once a week for four weeks, and the determination of the said board shall be final and conclusive in the premises unless an appeal is taken to the court of common pleas of the county of Bergen within the time and in the manner provided for in this act. 9. And be it enacted, That all property taken under any taken for pub-provision of this act shall be deemed taken for public use, and in estimating any award or assessment hereunder, the said commissioners shall estimate for benefits as well as for damages. May construct sidewalks, sewers, &c. Proceedings peal. 10. And be it enacted, That the said board shall also have power to construct sidewalks, sewers and gutters, of such materials as they shall judge proper, along any public highway in said township; to erect lamp-posts, and to contract for the lighting of such highways, or any of them, with gas or other material, upon the application, in writing, of the owners of land of two-thirds in value, fronting upon the highway whereon such improvemement is to be made, and to assess the charge of such improvement, and of the keeping the same in order, use and repair, upon the property benefited thereby ; such assessment shall be filed in the office of the clerk of the county of Bergen within ten days after the same shall have been made, and the said board shall give notice of the filing of such assessment in such office, by publication in a newspaper printed and published in the county of Bergen, once a week for four weeks. 11. And be it enacted, That any person feeling himself in case of ap- or herself aggrieved by the action of the said board, under the eighth, ninth and tenth sections of this act, may, within forty days from the first publication of the notice required to be given by said sections, appeal to the court of common pleas of the county of Bergen, by serving a notice, in writing, upon any member of said board; and the said court shall have full power to hear, determine and review the proceedings of the board in the premises, and the same or any award, assessment, or other action, to confirm, alter, modify, set aside, or reverse, in whole or in part, for errors either of fact or in law; and the said court shall have power to hear and try the same in a summary way, and may summon a special jury to determine any question of fact; and the said court may proceed in due course, according to the power of the court in other cases, and the determination of the said court shall be final and conclusive in the premises, and not subject to appeal or review; and the said court, or any judge thereof, may, until such determination, stay all proceedings in the matter in reference to which the appeal may be taken, until such final determination; and like fees and costs shall be paid to the judges, jury, officers of the court and parties, as are allowed in other causes of which said court has, or may have, jurisdiction; and the said court shall have power to make and prescribe all necessary forms, rules and regulations, in the conduct of any proceedings to be taken under this act. not taken the effect. 12. And be it enacted, That if no appeal shall be taken if appeal be within the time and in the manner prescribed herein, the ac-action of the tion of the said board shall take effect, and the said board board takes may proceed to carry out the same under this act; and any assessment laid by virtue hereof, shall be a lien on the lands on which it is laid; and the said commissioners shall procure a certified copy of their award, and the judgment of the said court of common pleas, if any appeal shall have been taken, to be placed in the hands of the collector of taxes for the time being of the township of Hackensack, and thereupon it shall be the duty of the collector to directly collect the said assessment in sixty days from the time of placing such copy in his hands, and to pay the same over to the president of the said board; and the said collector shall, in the collection of the said assessment, be liable to the same pains and penalties, and entitled to the same fees, as in the collection of the annual township taxes, the said fees being reserved by him out of the amount so collected; provided, Proviso. that the said collector in each and every year before proceeding under this act, shall enter into bonds to the said board, with such sureties and in such sum as the said board shall approve, conditioned for the faithful performance of his duties under this act; and the said president, before receiving any moneys from said collector, shall enter into bond to the inhabitants of the township of Hackensack, in their Lands may be sold for assess ment. Compensation of commis corporate name, with such sureties and in such sum as the said board shall approve, conditioned for the faithful performance of his duties as such president. 13. And be it enacted, That in case any owner or owners of lands so assessed as aforesaid, shall fail to pay the assessment laid thereon within one year from the time of placing the certified copy of the award in the hands of the collector, then the land upon which the said assessment is a lien shall be sold in the same manner that land is now authorized by law to be sold for unpaid taxes in said township of Hackensack, so to raise a sufficient sum to pay the said assessment and the interest, at the rate of twelve per centum per annum, from the expiration of sixty days from the time of placing such copy in the hands of the collector, and the lawful costs and fees of collection and sale. 14. And be it enacted, That the said commissioners shall sioners, &c. receive two dollars a day for each and every days' attendance upon and about the duties imposed upon them by this act, which shall be paid to them by the township collector, upon the order of the president of the board, and there shall be levied and collected in each and every year, at the time and in the manner provided for the levying and collection of taxes, a sum sufficient to defray such fees, advertising expenses and such other general expenses, costs and charges which the said board may become liable for, as are not hereinafter provided for; and that wherever the word board is used in this act, it shall be considered as meaning a majority thereof; and the said board shall, once in each year, publish in a newspaper printed and published in the county of Bergen, a full and accurate account of its receipts and expenditures, stating when and for what purposes the same has been made. Repealer. 15. And be it enacted, That all laws and parts of laws inconsistent herewith shall be inoperative in the said township of Hackensack; provided, however, that nothing in this act contained shall have the effect to repeal or modify the act entitled "An Act to improve certain roads or avenues in the township of Hackensack, in the county of Bergen.' 16. And be it enacted, That this act shall be a public act, and shall take effect immediately. Approved March 10, 1870. CHAPTER CCXI. A Further Supplement to an act entitled "An Act to incorporate the Morris and Essex Railroad Company," passed January twenty-ninth, eighteen hundred and thirty-five. capital stock. 1. BE IT ENACTED by the Senate and General Assembly of May increase the State of New Jersey, That it shall be lawful for the Morris and Essex Railroad Company to increase its capital stock to such extent as the board of directors of said company shall deem necessary; provided, that the capital stock. of said company shall not, at any time, exceed the sum of fifteen million dollars. 2. And be it enacted, That this act shall take effect immediately. Approved March 14, 1870. CHAPTER CCXII. An Act for the relief of the Newton Academy. WHEREAS, the trustees of Newton Academy, by their petition Preamble. have set forth that they are a private corporation, that they own a lot of land in the town of Newton, Sussex county, of about one-half acre, on which there is an academy; that the said building is no longer used or needed for educational purposes; that the same is of wood, and is in a dilapidated condition; that said town has recently been provided with abundant educational facilities, and asking for authority to sell the said property and appropriate the proceeds for educational purposes in said town; therefore, 1. BE IT ENACTED by the Senate and General Assembly of Power to sell the State of New Jersey, That the said trustees of the New- land and make title. |