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sioners or freeholders, under the act to which this is a supplement, has been, or shall be set aside in whole or in part, by any court, or by the councilmen, or by any other lawful power or authority; it shall be lawful for the councilmen of the said town when duly convened, to appoint three discreet, impartial, and disinterested persons, resident and freeholders in the said town of Bergen, in the manner and with the like qualifications, as designated in the eighth section of the act, to which this is a supplement, and who shall take the oath prescribed in the said act; said freehold. ers so appointed, shall proceed to make such assessment anew, in whole or in part, as the case may require, which assessment shall include the expenses of the work done, and materials furnished, with interest thereon, and the expenses of making the said assessment, and also the expenses incident to the previous assessment or assessments set aside as aforesaid ; such new assessment shall be made in the mode and manner, and upon the principles prescribed in the act to which this is a supplement, shall be confirmed by the councilmen, and shall be subject to appeal for relief as prescribed in the eighth section of the act to which this is a supplement.

2. And be it enacted, That such new assessment shall be a lien as prescribed in the act to which this is a supplement; and shall be of the like operation and effect, and shall be enforced in the same way it would have been lawful to have enforced the said assessment, in case the same had not been set aside.

3. And be it enacted, That this act shall take effect immediately.

Approved March 9, 1859.

New assessment to be a lien,

CHAPTER XCIX.

A SUPPLEMENT to an act entitled “An act to incorporate the Phenix

Manufacturing Company."

1. BE IT ENACTED by the Senate and General Assembly of Amount of

capital stock the State of New Jersey, That the capital stock of the Phoenix limited. Manufacturing Company be limited to the amount of stock now outstanding on the books of said company; and that all stock heretofore received by said company for debt, or owned by said company in its corporate capacity, be merged, and not again issued by the president and directors of said company.

2. And be it enacted, That a majority of the directors of Directors to said company shall, hereafter, be residents of the state of of stato. New Jersey.

3. And be it enacted, That all the meetings of the board Place of of directors of said company shall hereafter be held at the office of said company, in the city of Paterson. 4. And be it enacted, That the annual salary of the presi. Salary of

president. dent of said company shall not, from and after the first day of April next, exceed the sum of two thousand dollars per annum,

5. And be it enacted, That this act shall take effect imme. diately.

Approved March 10, 1859.

meeting.

18

CHAPTER C.

An Act to amend “ An act to incorporate the Hunterdon County Mining

Company."

Former act amended.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the words "county mining” be stricken out wherever they occur in said act or its title, and the word "copper” inserted in lieu thereof; that the words "one hundred" and the words "ten dollars" be stricken from the fourth section, and the words “five hundred” and “fifty dollars,” respectively, be substituted therefor.

2. And be it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

CHAPTER CI.

A SUPPLEMENT to the act entitled " An act to alter and amend the charter

of the borough of Bordentown, the city of Burlington, in the county of Burlington," and the borough of Hightstown, in the county of Mercer, to prevent non-resident auctioneers, from selling in said borouglıs and city.

auctioneers

1. BE IT ENACTED by the Senate and General Assembly of Non-resident the State of New Jersey, That hereafter no person being a to pay tax. non-resident of the borough of Bordentown, or the city of Burlington, in the county of Burlington, or the borough of Hightstown, in the county of Mercer, in this state, shall follow, use or exercise, or through another for his or her benefit, the business or calling of an itinerant or local auctioneer, in said boroughs or city by selling at public sale, goods, wares or merchandise, not the growth or product of this state, without having first paid to the borough or city treasurers for the use of said boroughs or city the sum of twenty dollars for each day he, she or they shall so sell.

2. And be it enacted, That if any person being a non-resi. Penalty for dent as aforesaid, shall violate any of the provisions of the provisions preceding section of this act, he, she or they, shall forfeit and pay for each and every day they shall so offend, the sum of fifty dollars, to be recovered with costs of suit, in an action of debt, commenced by summons or warrant, by any person who may sue for the same, the one half to the prosecutor, and the other half to the use of said boroughs or city, before any justice of the peace of any county in this state.

3. And be it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

CHAPTER CII.

A FURTHER SUPPLEMENT to the act entitled “An act to incorporate the

town of Lambertville, in the township of West Amwell, in the county of Hunterdon," passed the first day of March, eighteen hundred and forty-nine.

Common council may

streets, &c.

in case of opening or widening streets.

1. BE IT ENACTED by the Senate and General Assembly of take land for the State of New Jersey, That the common council of said

town shall have power to take any lands that they may judge necessary for the opening, widening or alteration of any street, upon paying to the owner the fair value of the lands taken and of the improvements thereon, and the damage done to any district, lot or parcel, or tenement, by taking part of it for such purpose, subject to the provisions

of the following section. Proceedings 2. And be it enacted, That when application shall be made

in writing, by a majority of all the owners of lands lying on any street, for opening, altering or widening said street, the common council shall appoint a time when persons interested may be heard, giving ten days' public notice of the time and place; if the common council determine to open, alter or widen such street, there shall be three proper persons, residents of the town, appointed commissioners, who shall determine what lands and real estate will be benefited by said improvement, and shall estimate the costs of such improvement and cause a survey and map thereof, and of the land benefited thereby, to be made, and shall assess the costs upon said lands to be so benefited, in proportion to the benefit received thereby; they sball also estimate and report the value of lands taken for such improvement, and the erections thereon, and the damages done by taking the same, and shall report the names and interests of the owners thereof as far as can be, and shall file their report and map with the town clerk in one month after their appointment; and that it shall be the duty of

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