Proviso. Proviso. appoint three discreet, impartial and disinterested persons, residents in said town, who shall be duly sworn or affirmed to assess upon principles of equity the lands and real estate benefited by the same, in proportion to the benefit received for the improvements to be made in the streets, roads, lanes and alleys, or parts of each, and for grading the same, or any part thereof, and for curbing and guttering, and laying side and cross walks therein, in any part thereof, and for making needful sewers and drains; which said assessment shall include the expenses of making the same, and shall be collected under and by virtue of an order or orders for the purpose, to be awarded and issued by the said councilmen, under their hands and seals, in the nature of a warrant, to distrain and sell the personal estate of the owner or owners of the said real estate so assessed, directed to one of the constables of the said township of North Bergen, whose duty it shall be to return the said warrant to the said councilmen within thirty days thereafter, with the moneys raised thereupon; and in case the moneys therein required to be made, together with the costs, or any part thereof (which costs shall be the same as on a tax warrant), cannot be made on the said warrant, the said constable shall return the said warrant, with a certificate thereof, within said thirty days, to said councilmen; after which time the councilmen may proceed to enforce the lien, hereinafter created, upon the said real estate; provided, that no assessment shall become final until after notice thereof shall have been published by the said three assessors, by notice in writing set up in three of the most public places in said town, for the space of twenty days at least, and until the same shall have been confirmed by the said councilmen, of the meeting of which said councilmen like public notice shall be given, and to whom any person aggrieved may at that time appeal for relief; and if, by reason of such appeal, deficiencies shall arise in the amount necessary to complete such assessment, then the same shall be made up, assessed and collected in like manner; provided, that no such assessment shall be made unless upon petition of, at least, the owners of a majority of the land over which such improvement shall pass; provided, that it shall and Proviso. may be lawful for the said councilmen, whensoever they may deem the same to be necessary, and without any petition for that purpose, upon ordinance passed by them, to appropriate the sum of three thousand dollars for the improvement of that part of the ferry road, as designated on said map of Guttenberg, from the easterly line of the bulls' ferry road, leading down the hill to the dock; which sum shall be assessed by three discreet persons, residents of said town, appointed by said councilmen, who shall be duly sworn or affirmed to assess the same upon the inhabitants and real estate of said town, and on the property of nonresidents; of which said assignment like notice as above shall be given, and it shall be confirmed by said councilmen, and collected in the same manner as is above provided for in this section in cases of other improvements. sioners to streets. 9. And be it enacted, That the said councilmen upon like Commispetition, shall by ordinance appoint three persons to act as lay out commissioners to lay out or open any street, road, lane or alley in said town pursuant to the request of the said petition; said commissioners shall be discreet, impartial and disinterested persons, residents in said town, and shall take and subscribe an oath to act faithfully and impartially in the premises; they shall cause ten days' notice of their meeting, together with a general description of the improvements applied for, to be set up in three of the most public places in said town, and shall at the time appointed view the premises, and hear objections if any shall be offered; after which, if any or a majority of them shall adjudge the laying out and opening of any such street or road proper and necessary, they shall lay out the same, and make return thereof in writing under their hands, together with a map containing a particular description by survey, of such improvement, and appoint a time therein for opening the same, which map and return shall be deposited in the office of the town clerk, for the inspection of the parties interested, and in case said return shall be Proviso. Proviso. Councilmen may order opened. confirmed by the councilmen, the same shall be indorsed "confirmed," and being subscribed by the councilmen or a majority of them, shall be final and conclusive upon all parties concerned; the said map and return shall be filed in the clerk's office of the county of Hudson, and the return recorded by the clerk in the county road book, who shall be entitled to the same fees as for recording the return of the laying out of a public highway, together with an appraisal or valuation duly made of the damages done to the owner or owners of the land over which said street shall be laid out, and which appraisal or valuation shall specify the name of the owners, the quantity of the land. taken, and the damages sustained by each of the owners thereof, together with an assessment duly made upon the property benefited by reason of the laying out said street or road, which assessment shall be a lien thereon, and be collected in the same manner as assessments are collected in the preceding section, and when so collected shall be paid over to the owners damaged by the laying said street; provided, however, that no return shall be confirmed until after twenty days' notice of the meeting of the councilmen for that purpose shall be given in writing, and set up in three of the most public places in said town, under the directions of said councilmen, and to whom any person feeling aggrieved may appeal for relief; provided that for the purpose of laying out or opening that part of the Ferry road referred to in section eight of this act, the three commissioners shall be discreet persons, residents of said town, and disinterested in any real estate along the line of said Ferry road, and may be appointed by said councilmen without any petition for that purpose. 10. And be it enacted, That the councilmen may by street to be written order under their hands and seals, cause any street, lane, alley, or road, in said town, laid out under this act, to be opened at the time specified by the commissioners for opening the same, and said street, lane, alley, or road, shall thereupon be a public highway. of real estate 11. And be it enacted, That all assessments which shall Assessments be made or assessed upon any real estate in said town by to be a lieu. virtue of this act shall be and remain a lien thereon from and after the time when the same shall be assessed, notwithstanding any subsequent descent, devise, alienation, mortgage, or other incumbrance thereof; and that if the full amount of any such assessment shall not be paid and satisfied within the time limited and appointed for the payment thereof, it shall and may be lawful for the councilmen of said town to cause such lands, tenements, or real estate to be sold at public auction, for the shortest time for which any person will agree to take the same and pay such assessment, or the balance thereof remaining unpaid with the interest thereon, and all costs, charges and expenses, and to execute under their hands and seals a declaration of such sale, and deliver the same to such purchasers; and such purchaser, his executors, administra tors, or assigns, shall, by virtue thereof hold and enjoy said lands, tenements or real estate for his, her or their own use against the owner or owners thereof, and all persons claiming under him or them, until his or her said time shall be completed and ended; provided said council- Proviso. men shall have first caused said sale to be advertised, by advertisements put up in at least ten of the most public places in said town, and also in one newspaper, published in said county, for the space of sixty days previous thereto, which advertisements shall describe the said lands, tenements or real estate, and specify the amount of assessment thereon; and provided also, that the lands, tenements or Proviso. real estate so sold may be redeemed by the owner or owners, mortgagee or mortgagees thereof, within two years from the date of the sale, on payment of the amount of the purchase money, with interest at the rate of ten per cent. per annum from the day of sale, and all expenses necessarily incurred thereupon; and provided also, that in Proviso. case the same shall be paid as herein before provided, by the mortgagee or mortgagees, then and in that case the whole amount of that payment shall be recoverable under Proviso. Penalties, how reco vered. Inhabitants not incompetent as witnesses. may pass and by virtue of the mortgage which said mortgagee or mortgagees may hold upon such real estate, in the same way and manner, in all respects, as if the same were secured by said mortgage; provided also, that every mortgagee shall have a right to redeem at any time after sale, unless the purchaser shall give such mortgagee three months' notice of such purchase and of his right to redeem within three months after such sale. 12. And be it enacted, That no penalty for any offence against any ordinance passed by the councilmen under the provisions of this act, shall exceed the sum of twenty dollars; and all penalties shall be recoverable, with costs, in an action of debt, in the court for the trial of small causes, upon suit brought in the name of the town of Guttenberg; and all moneys so recovered shall be applied in such manner, for the benefit of said town, as the said councilmen shall deem proper. 13. And be it enacted, That nothing in this act shall be construed to disqualify any inhabitant of the town of Guttenberg from giving evidence in any action brought in the name of said corporation by reason of his being such inhabitant. Corporation 14. And be it enacted, That it shall be lawful for the said ordinances. corporation to pass ordinances, and enforce the same by fines or imprisonment, as they may deem necessary and proper, to prevent therein all persons from gunning, hunting, shooting, fishing, racing, immoderate driving, dancing or behaving in a disorderly manner on the first day of the week, called Sunday; also, to suppress riots, disorderly and tumultuous assemblies, and to suppress vice and immorality; provided that no fine shall exceed five dollars. for the first offence, nor more than twenty dollars for each offence thereafter, and no imprisonment to exceed four days for any one offence. Proviso. Corporation to appoint officers. 15. And be it enacted, That the said corporation shall have power to appoint such number of subordinate officers and agents as they may deem proper to enforce all such ordinances as they may be authorized by this act to pass, |