in case of

violation of

city ordi

nances.

the same to city council fifteen days before the annual election; he shall keep a book of all accounts brought to him to be audited, with the name of the person, the nature of the claim, work done, or service rendered, which book, at all times, shall be open to the inspection of the city council. 21. And be it enacted, That any justice of the peace in Proceedings the city, be, and he is hereby empowered, on oath, affirmation, or affidavit, made according to law, that any person or persons has or have been guilty of a violation of any of the ordinances of the city, to issue a process either in the nature of a summons or warrant, as the same is now authorized by law, on proceedings in the court for trial of small causes, as to him may seem most advisable, against the person or persons so violating such ordinance, which process shall, when in the nature of a warrant, be returna. ble forthwith, and when in the nature of a summons to be returnable in five entire days; that such process shall state what ordinance the defendant or defendants named therein has or have violated; and that on the return of such process, or at the time to which the justice of the peace shall have adjourned 'the same, the said justice of the peace, shall proceed to hear testimony, and to determine and give judgment in the matter without the filing of any pleadings; and that the justice of the peace shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and person, of the defendant or defendants; provided, that in all cases where the fine or Proviso. penalty shall exceed ten dollars, or where the punishment may be imprisonment, there may be a trial by jury, to be conducted as in cases now triable by jury in the courts for trial of small causes, and also an appeal, as in cases where appeal may now be had from judgments in courts for the trial of small causes; and provided also, that in all cases Proviso. an appeal may be made to the council for a remission of any penalty that may be inflicted or adjudged.

or opening

22. And be it enacted, That it shall and may be lawful Laying ont for the city council, upon petition of at least fifty free- streets, &c. holders of the city, after which, thirty days' notice being

Notice to be ven to the owners of land to be taken for

[reets, &c.

given, by the city council, to parties owning land to be taken, and lots fronting on the same, to have a hearing before the city council, before an ordinance shall be passed; and no ordinance shall be passed, unless seven members voting in the affirmative, the mayor concurring; or eight members voting in the affirmative without concurrence of the mayor, to become a law, to lay out, and open any street, road, highway, or driftway in the said city, and to cause any street, road, highway, or driftway, already laid out, in any part of the said city, to be vacated, opened, altered, or widened whenever and so often as they shall judge the public good requires the same; and the said city council shall cause maps and surveys of all streets, roads, highways, and driftways laid out, opened, altered, extended, or widened, to be made and certified under the city seal, and cause the same to be recorded in the clerk's office in the county of Middlesex, in the book of records of roads and highways for said county.

23. And be it enacted, That the said city council shall give notice to the owner of any lands or other real estate, with the appurtenances necessary to be taken for a street, road, highway, or driftway, or to his, her, or their representatives in the law, or legal agent, of their intentions to take such land or other real estate with the appurtenances, and appropriate it for such street, road, highway or driftway, and shall treat with such person or persons for the same; and if any such person or persons shall refuse to treat for any such land or real estate, with the appurte nances, or the city council cannot agree with such person. or persons for the same, then it shall be lawful for the said city council to appoint three disinterested freeholders of the said city, commissioners to make an assessment and estimate of the damages that any such owner or owners will sustain by laying out, opening, altering, extending or widening such street, road, highway, or driftway; all which preliminary expenses are to be paid, in case no street be opened, out of the city treasury; and in estimating and assessing such damages, the said commissioners

shall have due regard, as well to the value of the land or other real estate, with the appurtenances, as to the injury sustained by or accruing to the owner or owners thereof, by laying out, opening, altering, extending or widening any such street, road, highway, or driftway; provided, that Proviso. no street, road, highway or driftway in the said city shall be laid out, opened, altered, extended or widened as aforesaid, except by consent of a majority of all the owners of lots to be assessed therefor, and of the lands to be taken for the purpose; and provided also, that such votes shall Proviso. be given in proportion to the number of front feet owned by the persons entitled to vote thereon; they having one vote for each front foot they own.

sioners to

24. And be it enacted, That the said commissioners, before Commisthey enter on the execution of the duty required of them, tako oath. shall be sworn before any justice of the peace of the said city, to make the estimate and assessment submitted to them, fairly and impartially, according to the best of their skill and judgment; and in case of the death or disability of any one or more of the said commissioners before the completion of the duty in this act required of them, the said city council may supply any such vacancy or vacancies, and the person or persons so substituted, after having taken such oaths as aforesaid, shall have the same power as the commissioners originally appointed.

commission

25. And be it enacted, That the said city council shall Meeting of appoint a time and place, within the said city for the said ers. commissioners to meet, notice whereof shall be given by putting up an advertisement in five public places in said. city, or in such paper as city council may direct, at least ten days before the time of meeting, which advertisement shall specify the street, road, highway or driftway proposed to be laid out, opened, altered, extended, widened, the alteration proposed to be made, and the lands or other real estate, with the appurtenances, intended to be taken for such purposes; and the said commissioners, or a majority of them, when met, shall have power to swear and examine witnesses, and shall view the premises and make just and

Proviso.

Proceedings

in case of non

true estimates and assessments as aforesaid, and make and sign a certificate of such estimates and assessments, and file the same with the clerk of the said city, and the same being ratified by the city council, shall be binding and conclusive upon the owner or owners of any such lands or real estate, with the appurtenances, subject only to the appeal hereinafter given; and upon the payment of the damages so awarded, or a tender and refusal thereof, it shall be lawful for the commissioners to cause the same land or other real estate, with the appurtenances, to be converted and used for the purposes aforesaid; provided however, any person conceiving himself, herself, or themselves aggrieved by the proceedings of the said city coun cil, or of the said commissioners, may appeal therefrom to the supreme court of this state, within thirty days of making the final order of the city council, and the supreme court shall order a trial by jury, to assess the damages sustained by the party aggrieved, the trial whereof to be conducted as in other cases of trial by jury, whose decision shall be final.

26. And be it enacted, That in case of non-payment, on demand, of any damages assessed as aforesaid, with interest dainages in from the date of the assessment, in case of no appeal to the

payment of

case of no

appeal.

Assessment

of damages

to be made.

supreme court as aforesaid, the person or persons entitled thereto may sue for and recover the same from the inhabitants of the city of Perth Amboy, in an action of debt, with costs, in any court having cognizance thereof; and the said proceedings of the said commissioners and city council, or award of said jury, as the case may be, shall be conclusive evidence against the defendants.

27. And be it enacted, That in order to provide for the payment of the damages assessed as aforesaid, for the laying out and opening of any street, road, highway, or driftway in said city, or for the opening, altering, extending, or widening any street, road, highway, or driftway already laid out in the said city, and of all other necessary expenses incident to such laying out, opening, altering, extending, or widening, the said city council may ascertain

the whole amount of such damages and expenses, and shall then cause to be made a just and equitable assessment thereof among the owners and occupants of all the houses and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantages each shall be deemed to acquire, and the city council shall appoint three disinterested freeholders of the said city to make every such assessment, who, before they enter upon the execution of their trusts, shall be sworn before any justice of the peace. to make such assessment fairly, according to the best of their skill and judgment; and a certificate in writing of such assessment, signed by a majority of such persons, being returned to the city council and ratified by them, shall be binding and conclusive upon the owners and occupants of such houses and lots so to be assessed respectively, and such owners or occupants shall also respectively, on demand, pay to such person as shall be authorized by the said city council to receive the same, the sums at which such houses and lots shall be assessed, to be applied to the payment of the damages and expenses of laying out, operfing, altering, extending, or widening the said street, road or highway as aforesaid; and under default of such payment, or any part thereof, it shall be lawful for the inhabitants of the city of Perth Amboy, by warrant, under their common seal, to levy the same, by distress and sale of goods and chattels of such owner or occupants refusing or neglecting to pay the same, rendering the overplus, if any, after deducting the charges of such distress and sale, to such owner or occupants; pro- Proviso. vided, however, any person conceiving himself, herself, or themselves aggrieved by the proceedings of the said city council, or of the said commissioners, may appeal therefrom to the supreme court of this state within thirty days of making the final order of the city council, and the supreme court shall order a trial by jury, to assess the damages sustained by the party aggrieved, the trial whereof to be conducted as in other cases of trial by jury.