legal representatives, shall by virtue thereof, lawfully hold and enjoy such lands and real estate, with the rents, issues and profits thereof, for his and their own proper use, against the owner or owners thereof and all persons claiming under him or them, until the term shall be completed and ended, for which the purchaser or purchasers may have agreed to take the same, and at the expiration of the said term shall peaceably and quietly yield up such lands and real estate to the lawful owner or owners thereof, and shall be liable for any injury or waste by him or them done or committed therein, in the same manner as a tenant for a term of years. 93. And be it enacted, That it shall be the duty of the city clerk to record in proper books kept for that purpose, all certificates of sale and assignments thereof, and all declarations of sale, to give certificates of search in relation thereto, to any person or persons applying for the same, and to cancel such certificates of sale and assignments thereof so recorded, when the land and real estate for which they were given shall be redeemed, on certificate of the treasurer of such redemption, and to file such certificates in his office; it shall be the duty of the treasurer to make out two receipts for all property redeemed, one for the person redeeming and one to be filed in the office of the city clerk. Certificates of signments to sale and as be recorded. taxes and as be kept in the office of city treasurer. 94. And be it enacted, That a complete record of all taxes Records of and assessments shall be kept in the office of the city treasu- sessments to rer; the record of taxes shall be the assessments of taxes prepared and returned by the assessors of the several wards of the said city, the final returns and statements to the common council made by the collector or collectors of arrears of taxes, and the transcripts of unpaid taxes prepared by the city treasurer; the record of assessments shall be the original certificates of assessment with the maps accompanying the same, the abstracts thereof, and the transcripts of unpaid assessments prepared by the city treasurer. 95. And be it enacted, That the said collector of arrears of Fees of collec taxes shall be entitled to receive the sum of fifty cents for rears of taxes, tors of ar justices and executing a tax warrant against each person named therein, treasurer. and in addition thereto, two cents on each dollar collected by him and paid over to the treasurer of said city; and for Common council to lay making the final return and statement to the common council of said city, such amount as may be allowed by the said common council; and the justice of the peace issuing such warrant, for his services, shall be entitled to receive the same fees as are now allowed by law for issuing tax warrants; and the city treasurer shall receive, for the use of the city, for advertising any lot, tract or parcel of land and real estate, the sum of one dollar, and for a declaration of sale to a purchaser, the sum of one dollar. TITLE SEVENTH. OF STREETS, HIGHWAYS, SEWERS, GENERAL AND LOCAL IMPROVE- 96. And be it enacted, That it shall be lawful for the common council of the city of Newark, whenever in their opinion the public good requires it, by ordinance I. To lay out and open any street, road, highway or alley, out streets. public park or square, within said city; to order and cause any street, road, highway or alley, already laid out, or which shall hereafter be laid out, to be vacated, straightened, altered or widened; and to take and appropriate for such purpose, any lands and real estate, upon making compensation to the owner or owners thereof, as is hereinafter mentioned and provided. To lay out drains. To cause streets to be &c. II. To order and cause sewers or drains to be constructed in any part of said city; and, if necessary, to take and appropriate for such purpose any lands and real estate, upon making compensation to the owner or owners thereof, as is hereinafter mentioned and provided. III. To order and cause any street or section of a street graded, paved, to be graded, graveled, paved, flagged, macadamized, or otherwise improved or regulated, in such manner as they may deem advisable, under the supervision and direction of the street commissioner, at the expense of the owners of lands and real estate on the line of said street or section of a street. 97. And be it enacted, That no ordinance shall be intro. given of intro duction of or dinance. duced or presented to the common council, for making any Notice to he improvement or performing any work, under and by virtue of the provisions of the last preceding section of this act, or either of the sub-divisions thereof, until public notice shall be given cf the intention of the common council to cause such improvement to be made, or such work to be done and performed, and to that end it shall be the duty of the street commissioner, by direction of the common council, to give notice in two daily newspapers printed and published in the city of Newark, of the intention of the common council to cause such improvement to be made, or such work to be done and performed, briefly describing such work or improvement and requesting such persons as may object thereto, to present their objections in writing at the street commissioner's office, on or before the expiration of twenty days from the date of such notice, and at any time thereafter, the common council may proceed to consider such ordinance, as aforesaid. after passage 98. And be it enacted, That whenever any ordinance shall Proceedings be passed by the common council for making any improve- of ordinance. ment or performing any work, under and by virtue of the provisions of the ninety-sixth section of this act, or either of the sub-divisions thereof, all further acts and proceedings which it may be necessary for the said common council to take, to carry out said improvement or work to completion, and all orders relating thereto, shall be by resolution and not by ordinance. Proceedings in opening 99. And be it enacted, That whenever the common council shall determine by ordinance, to lay out and open any street, streets, &c. road, highway or alley, public park or square, within said city, or to alter, widen or straighten any street, road, highway or alley, or to make any sewer or drain in any part of said city, and to take and appropriate for such purpose any lands and real estate, they are hereby authorized to treat with the owner or owners thereof, for the same, and for the purpose expressed in such ordinance; they may purchase. such lands and real estate of the owner or owners thereof, and make such compensation therefor, as they shall judge reasonable; and thereupon shall receive from such owner or Proceedings in case council and owners cannot agree. Commission ers to take oath. Commission ers to give notice of meeting. owners, a conveyance of such lands and real estate to the city; and such compensation shall constitute a part of the whole amount of costs, damages and expenses, to be assessed under and in pursuance of the provisions contained in the one hundred and fifth section of this act. 100. And be it enacted, That in case no agreement for such purchase can be made, it shall be lawful for the common council to appoint five disinterested freeholders of the said city, residing in different wards, commissioners to make an estimate and assessment of the damages that any such owner or owners will sustain by taking and appropriating in the manner aforesaid, such lands and real estate; and in estimating and assessing such damages, the said commissioners shall have due regard both to the value of the lands and real estate, and to the injury or benefit to the owner or owners thereof, by making such improvement as aforesaid; and if, in any case, the commissioners shall estimate the benefits to any such owner or owners to be greater than the damages, they shall so declare in their report, and shall specially estimate and assess the value of the lands and real estate, which are necessary to be taken and appropriated for such improvement; and after such award shall be made, the remaining lands and real estate of any such owner or owners shall be liable to assessment, for the payment of the costs, damages and expenses of such improvement, under and in pursuance of the provisions of the one hundred and fifth section of this act. 101. And be it enacted, That the said commissioners, before they eater upon the execution of the duty required of them, shall severally take and subscribe an oath or affirmation before the city clerk or mayor of said city, to make the said estimate and assessment fairly and impartially, according to the best of their skill and judgment. 102. And be it enacted, That the said commissioners shall give public notice, by advertisement in two daily newspapers, printed and published in said city, of the time and place of their first meeting, at least ten days before the time. of said meeting; and the said commissioners, or a majority of them, when met, shall have power to examine witnesses un der oath to be administered by any one of them, to enter upon and view the premises, if they shall deem it necessary, and to adjourn from time to time, and shall make a just and true estimate and assessment as aforesaid, and make and sign a certificate of such estimate and assessment and file the same with the city clerk, and the same being ratified by the common council, shall be binding and conclusive upon the owner or owners of any such lands and real estate and the said commissioners shall cause the same to be converted and used for the purpose aforesaid; provided, that any person or persons Proviso. conceiving himself, herself, or themselves aggrieved by the proceedings of the said common council, or of the said commissioners, may appeal therefrom to the supreme court of this state, within sixty days from the time of making the final order of the common council, and the supreme court shall order a trial by jury to assess the damages sustained by the party aggrieved, the trial whereof shall be conducted as in other cases of trial by jury. sue in case of of damages. 103. And be it enacted, That in case of non-payment on Persons may demand of any damages estimated and assessed as aforesaid, non-payment with interest from the date of the assessment, in case of no appeal to the supreme court as aforesaid, the person or persons entitled thereto, may sue for and recover the same from the mayor and common council of the said city, in an action of debt, with costs, in any court having cognizance thereof, and the said proceedings of the said commissioners and common council, or the award of said jury, as the case may be, shall be conclusive evidence against the defendants. damages. 104. And be it enacted, That the city treasurer shall, under Payment of the direction of the common council, tender and pay to the owner or owners of such lands and real estate, if resident in the said city, the amount of such estimate and assessment of damages due to him or them; but if any such owner is not resident in the city, or upon due inquiry cannot be found therein, or is a lunatic, or idiot, or under age, or if for any other lawful cause he is incapacitated to receive the same, or if such owner will not accept the same and sign a proper receipt therefor, when tendered, then the city treasurer shall make affidavit of such facts, and file the same with the city |