tion. der this act; the said commissioners shall each receive for their services the sum of five dollars per day of ten hours actually employed in said duties, and the said surveyors and Compensa- assistants shall each receive such compensation as shall be allowed by said commissioners, all to be included in the whole amount of the cost and expenses of said improvement; and each commissioner and employee shall make an oath or affirmation in writing, to be filed with their proceedings, of the time he has been actually employed in said work. To ascertain and what lands what damaged. To cause map to be made by surveyor. 3. And be it enacted, That after taking the said oath the determine said commissioners shall forthwith proceed in the discharge benefited, of their duties in reference to such improvement, and shall ascertain and determine what lands and real estate are benefited or damaged thereby, in order to define the assessment district of said improvement; they shall also estimate the said benefits and damages to each tract within said district, having regard to the superficial feet of each tract as well as to the lineal feet thereof along the line of the improvement; they shall cause a map to be made by the surveyor of all lands so benefited or damaged, designating the dif ferent tracts thereof, and shall also ascertain and declare what proportion of the whole amount of the costs, damages and expenses of the said improvement ought to be assessed against each tract within said district benefited thereby, said proportion being determined as nearly as may be by the advantage each shall be deemed to acquire; the said To appraise commissioners shall also appraise the value of the lands and land taken. real estate of each owner actually taken by the said improvement as well as the value of the buildings and other improvements taken or damaged thereby, reference being had in the valuation to the practicability of removing said buildings or improvements to other or adjacent land of the owner; and all buildings damaged or taken in part by the line of improvement may be taken in whole to be sold or removed as may be for the public interest, and said commissioners shall ascertain and report all cases where the owner or owners of lands have dedicated the same for said improvement; provided, that no assessments for benefits shall be made upon any lands not bounded by such street, except such as are within two hundred and forty feet of the same on each side, and such assessment shall in all cases be made upon the lands on each side of such street value of Proviso. extending back from the same to the middle of the block on each side. valuation, County notice to owners of 4. And be it enacted, That the commissioners shall deposit ro file map the said map, estimate, valuation, appraisement and decla- estimate, ration of proportionate assessment, amount of benefits, as &c., in well as damages to each owner or owners of land, in the clerk's ofoffice of the county clerk for inspection, and thereafter the ice. said map and accompanying papers shall be known as the commissioners' report and estimate of the improvement; after depositing the said report and estimate as aforesaid, the said commissioners shall cause notice to be given to the To cause owner or owners of the tracts of land designated on said be given to map, by notice deposited in the post office, directed to the land." post office address of said owners, if known to the said commissioners, and also by at least one advertisement of a week's time, in one or more newspapers of the city of Elizabeth; requiring all objections thereto to be made to the commissioners at a time and place therein to be speci fied, provided, that said report and estimate shall remain in the office of the said clerk for inspection for one week previously to the hearing of objections; at the time so specified or at an adjourned meeting thereafter, the commissioners shall hear all parties interested, who desire to be heard, and consider all objections to said report and estimate, and may revise, confirm, correct or add to the same; provided, Proviso. that no addition shall be made to said assessment district without reasonable notice as aforesaid, to the owner or owners of lands proposed to be added, and an opportunity given to every such owner or owners to be heard by said commissioners as in reference thereto. Proviso. 5. And be it enacted, That the commissioners shall, after May make the notice, publication and hearing as aforesaid, make such corrections or alterations, as they may deem necessary, and shall then approve, ratify and confirm the same, and whenever they shall approve the map so made and determined upon, the district of lands designated thereon as benefited or damaged, shall be deemed the assessment district of the said Assessimprovement, and all assessments for the same shall be made. made solely upon lands lying within the said district, and said estimate, valuation, appraisement and declaration of proportionate assessment amount shall be conclusive upon the owner or owners of said lands as to the value thereof, and as to the relative benefit and damage to each tract unless ments how Appeal by whom and the said owner shall, within thirty days after said approval, appeal to the courts as hereinafter provided. 6. And be it enacted, That if any person or persons conhow made, ceives himself, herself or themselves, aggrieved by the said determination of the said commissioners, he, she, or they, may appeal therefrom, to the supreme court or the circuit court of Union county, within thirty days from the time of making the final determination, and not thereafter, which appeal shall be by petition, and notice thereof served as said court shall direct; which petition and notice shall vest said court with full power to hear and determine said appeal, according to the practice of the court, and the court, if reHow tried. quired, shall order a jury to try said appeal, under the direction of the court, and also shall have power to order a struck jury or a jury of view, or both; and said court, or the judge who shall try said appeal, may order any jury empanelled to try such appeal, to view the premises in question during the trial; the said appeal shall be entitled in the name of the person appealing as appellant, and the said commissioners as respondents; and on the trial of the said ap peal the proceedings or determination, or both of the said commissioners may be given in evidence in the first instance, as the amount which said appellant ought to receive; but the said respondents shall not be concluded thereby; the jury shall be governed in their determination by the same principles as are herein prescribed for the guidance of the said commissioners, and shall render their determination in render form in the nature of a special verdict, and upon the final their deter-determination of said appeal the court shall render judgform in na- ment in favor of the one party and against the other, as the special ver- right and justice of the case may require, and shall award to the party substantially succeeding, the costs of such party against the other party, and shall have power to enforce the judgment so rendered by execution, as other judgments are enforced, or by mandamus, and by summary proceedings and attachment, as the case may require. Jury to mination in ture of a dict. Judgment to be en forced by execution or manda mus. Commis sioners to costs, dam 7. And be it enacted, That said commissioners shall, after make an the proceedings aforesaid, make an estimate of the whole estimate of amount of the costs, damages and expenses of the said images, &c. provement, including therein the compensation of the said commissioners and their employees, and the costs and expenses of the trial of the said appeal. 8. And be it enacted, That whenever the assessment dis sioners to sessment. trict, and the whole amount of the costs, damages and ex- Commispenses of any improvement shall have been determined, the make assaid commissioners shall forthwith proceed, and shall within' thirty days thereafter make a just and equitable assessment thereof, upon the lands benefited thereby within the assessment district, in the proportion ascertained by them, or in case of an appeal therefrom, then in the proportion ascertained by the determination of said appeal; and all assess- Assess. ments finally made under the terms of this section, shall be and remain and remain a lien upon the land and real estate so assessed, lands asfor the amount of said assessment, with interest thereon, at the rate of eight per centum per annum, from the time of the making thereof, until the same shall be paid. ment to be lien on sessed. relating to filed with 9. And be it enacted, That, on completing the final assess- All papers ment as aforesaid, the said commissioners shall file all pa-improvepers relating to the said improvement in the office of the ment to be clerk of the county, who shall record in the book of records clerk of of roads the said final assessment, for which he shall receive the fees now prescribed by law for recording returns in said book. county. ments to be in same that taxes are collect ed. 10. And be it enacted, That the township committee of the Assesstownship of Union shall thereupon cause the said assess collected in ments to be collected within six months after such assess- six months ments shall have been finally confirmed, in the same man-manner ner that taxes are collected; provided, that when damages have been awarded in favor of the same person against whom benefits have been assessed, only the balance over and above said benefits shall be paid; and provided further, if any per- Proviso. son has been awarded damages for taking any building, the said building shall be sold, and the proceeds thereof credited to the costs, damages and expenses of said improve ment. Proviso. six months roads to open street laid out. 11. And be it enacted, That on the expiration of the six After exmonths, the overseer of the roads in the district wherein the piration of said street or avenue may run shall forthwith open the same overseer of to public use, as the same is laid out on said and remaps, move all obstructions therefrom; and in case of the failure or avenue or neglect of said overseer of the roads to perform said duty, In case of it may be lawful for a majority in lineal feet of the owners neglect or failure, of lands on both sides of said street or avenue to select and some suitaappoint some suitable person to open the same and remove to be apthe said obstructions, and the said street or avenue shall pointed. thereupon become and be a public road and highway, and ble person Validity of ed March recognized. the same shall thenceforth be regulated and kept in repair as other public roads and highways in said township. 12. And be it enacted, That nothing in this act contained act approv-shall be in any way construed to recognize the validity or 29, 1871, not legality of an act entitled "An act in relation to streets in Union Township Union County," approved March twentyninth, one thousand eight hundred and seventy-one, or of any of the provisions of the same or of any improvements made or contracts entered into by virtue of the same or in any way to invalidate or annul the act repealing the same approved April first, one thousand eight hundred and seventy-two. Repealer. 13. And be it enacted, That this act shall take effect immediately, and that all acts or parts of acts making other provisions for the opening of streets and avenues within said district embraced in the lines of the streets and avenues mentioned in the first section hereof, be and the same are hereby repealed. Approved March 18, 1874. Mayor with advice and appoint all CHAPTER CCLXVII. Supplement to an act to amend the charter of the City of Plainfield, approved April fourth, one thousand eight hundred and seventy-two. 1. Be it enacted by the Senate and General Assembly of the consent of State of New Jersey, That the mayor shall nominate and, by council to and with the advice and consent of the common council, apofficers ex- point all officers of the city not required to be elected, except city clerk and janitor of the council chamber, and that no evidence of indebtedness against the city shall be valid unless signed by him. cept city clerk and janitor. No evi dence of indebtedness valid ed by 2. And be it enacted, That the common council shall have unless sign- full power to pass ordinances to prevent and punish injuries to public lamps, to abate or remove nuisances of every kind, and to compel the owner or occupants of any lot, house, build mayor. Common Council |