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If assessment irreg

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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 review.

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 de fective, it shall be lawful for said court to refer the said as. be referred 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 sistent with this act be and the same are hereby repealed, and this act shall be taken and deemed to be a public act shall take effect immediately.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 Road.com Rynders and Henry McDanolds be authorized to give notice by whom of a meeting to be held for the purpose of electing ten com. missioners, five in each district, to lay out and grade a pub. lic 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

Election to

improve certain

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.

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 commis

sioners in each district. Commis

3. And be it enacted, That it shall be lawful for the comsioners elected 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.

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, teabe 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. Commis 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 pur

poses 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 provi. ded 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.

6. And be it enacted, That the said commissioners shall 0x grade, fix the grade of said road, determine the courses of the

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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.

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

8. And be it enacted, That the commissioners may issue To issue certificates of indebtedness for damages awarded for lands certa taken for the widening of said road, and the like certificates edness. to the surveyors, workmen and agents, for services ren. dered; 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, re. spectively, 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 com. missioners, as hereinafter provided.

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 improvement incurred in that district, including the dama

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ges awarded for lands taken in that district, and the propor. tion of the joint costs apportioned to that district, pursuant to section seven of this act, together with the fees of the col. lector, for collecting the assessments, as hereinafter pro. vided; and also such further sum as they may deem neces. sary to meet any other expenses that they may incur in that district, in carrying out the provisions of this act, such fur.

ther sum not to exceed for each distriet, one hundred dol. To make lars; and said commissioners shall make the said assessment ments in on said lands in proportion to the benefit received, in their

23 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 cer.

tificate of the whole amount of the assessment, and the To give no-amount assessed to each owner; whereupon the said com. tice of missioners shall give ten days' notice, by posting the same hearing ob-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 all objections to said as.

sessments, and to correct and finally confirm the same; and Assess- notwithstanding any error in said certificate in not naming valid not the true owner or owners of any lot or parcel, the said as. withstand: sessment shall remain valid and effectual against such lot

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; but 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, when com- when finally completed and confirmed, shall be filed in the where to be office of the clerk of the county of Bergen, from which

time the said assessments shall be liens on the lands on Commis- which they are respectively made; and the said commisdeliver cop-sioners shall deliver copies of said map and certificate to the

collectors of taxes for the time being of the townships of collectors. Lodi and Saddle River; and thereupon it shall be the Collectors 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

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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 proceed, 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 inof lands shall fail to pay the assessment laid thereon, with. in sixty days from the time the collectors received the said not paid in maps and certificates, said assessments shall draw interest time. at the rate of twelve per centum per annum, until paid, and the collectors shall return the same in the same manner, 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 virtue 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 vacancy commissioners shall become vacant by death, refusal to act, or otherwise, the remaining commissioners may choose a person to fill such vacancy; and the said commissioners, be. fore they enter upon the performance 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.

how filled.

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