said common council, within one month after the presentation of said report, to cause a notice of the proportion of said assessment and costs to be served on every person, his or her guardian or legal representative, against whom the same is made and whose residence is in said town, and also to cause a like notice, directed to such of said persons as do not reside in said town, to be inserted in one or more of the newspapers of said town for the space of one month; and unless within sixty days after the filing of such report a majority of the owners in interest of said lands shall file with the town clerk a remonstrance, signed by them or their agents lawfully authorized, said common council shall proceed to make said improvements; but if such remonstrance shall be filed the common council shall proceed no further in such improvement under that application, as far as making assessments upon the land owners benefited thereby is concerned; and if no such remonstrance be filed, the report of said commissioners shall be final and conclusive, and the expenses of such improvements, including interest and costs of the proceedings shall be assessed upon the property reported as benefited thereby, and in the proportion set forth in such report; the said commissioners shall be appointed as follows, viz: one by the common council, one by the property holders through whose lands the proposed street is to run, and the said two commissioners so appointed to appoint the third; provided, that if Proviso. the property holders, as aforesaid, refuse or neglect to appoint one commissioner, as aforesaid, for the space of thirty days, then the said common council shall appoint the other two commissioners. ments, how 3. And be it enacted, That upon completing the report of Assess the commissioners aforesaid, the town treasurer shall tender paid. and pay to the owner or owners of said lands, if resident in the town, the amount of such assessment due to said owner or owners, but if such owner is absent or cannot be found, or is a lunatic, idiot, infant, or in any other way legally incapacitated to receive the same, or will not accept thereof, and sign a proper receipt therefor when tendered, Proceedings of commis be revised. the treasurer shall make affidavit of such facts and file the same with the clerk, whereupon the common council shall direct the amount of such assessment to be deposited in bank for the use of the person entitled thereto; and upon filing such receipt of the owner or owners, or the ordering of such deposit, the said land shall be vested in the town and said improvement may be proceeded with, the money so deposited shall be paid by the town to the person entitled thereto, on demand without interest, except from such time as a demand may be made and payment refused. 4. And be it enacted, That all assessments or estimates sioners may made by such commissioners upon principles contrary to law and to the provisions of this act may be reviewed and for such cause set aside by the supreme court of this state, upon certiorari, and new commissioners may be appointed by said court to examine into and report anew as to the part set aside, said court may require the commissioners first appointed to certify as to the principle on which their assessment was made, or may inquire into the same by affidavits to be taken for that purpose; in case of reversal, the town shall pay the costs on such certiorari, and add the same to the expenses of the improvements. Commissioners to take oath. Assessments to be a lien. 5. And be it enacted, That all commissioners of assessments appointed by or under this act, shall before they proceed to their duties, subscribe and take an oath faithfully, honestly, and impartially to perform the duties required of them, and shall receive such compensation as the said common council shall fix and ordain. 6. And be it enacted, That the assessments and costs assessed to land owners for such improvements (unless a majority of the same file their remonstrance as aforesaid), shall be binding and conclusive and shall thence and until paid, be due from said several persons, with interest to said town, and be a lien on the land against which the same is assessed for the satisfaction of any judgment to be obtained therefor, and the said common council in the name of the "treasurer of the town of Lambertville," may sue and recover of each person so assessed his or her proportion of said assessment, with interests and costs by action of debt in any court of competent jurisdiction; and if any such person reside out of the state an attachment may be resorted to as in other cases of non-resident debtors. Common provement. 7. And be it enacted, That the said common council may Council may at any time within three months from the presentation to abandon imthem of said report of said commissioners determine to abandon such proposed improvement, and upon their so determining their right to take said lands, and the right of each owner to recover the valuation and damages thereof shall cease and determine. Common council may ance accept public street. 8. And be it enacted, That whenever the owners of any land wish to lay out a street or streets upon their lands, by ordinand will grant or convey the said lands to the town for land for such purpose, free of expense, and if the said common council of said town shall accept the same, by ordinance passed to that effect, then it shall be deemed a public street, as fully as if laid out according to law, and that hereafter no street shall be deemed to be a public street or highway unless the same is so declared by ordinance passed by the common council. overseer of abolished. 9. And be it enacted, That the office of overseer of the Office of highways, is hereby abolished in said town, and that the highways street committee appointed by the common council shall have all the powers, and be subject to all the duties of overseer of the highways, as prescribed by the laws of this state. Common council may hold real 10. And be it enacted, That the common council of said town, shall have power to purchase and hold real estate, and to build, erect and maintain thereon a town house, public market house, town jail, common pound, and house for the use of the poor, and such other buildings as may be necessary for the objects of the corporation, and that the common council shall have power to borrow any sum of money, not exceeding five thousand dollars, for the purpose of purchasing said land and erecting said buildings thereon; provided, that before they purchase or erect any Proviso. town house, public market house, town jail, or a house for Common council may construct sewers. Former act amended. the use of the poor, they shall be authorized so to do, by a majority of the legal voters of said town, at an annual town meeting held in said town. 11. And be it enacted, That the said common council shall have power and authority to enter upon any lands to cause to be constructed proper sewers for the drainage of said town, wherever there is a necessity for the same; under the same provisions and restrictions as are provided in this act for the opening, widening, altering of streets. 12. And be it enacted, That in the second section of the act entitled "A further supplement to the act entitled 'An act to incorporate the town of Lambertville, in the township of West Amwell,'" passed the sixteenth day of March, eighteen hundred and fifty-eight, that the word "July" be stricken out, and the word "May" substituted in its stead. 13. And be it enacted, That the common council of said ordinances. town may enact penalties for the violation of any ordinance, by imprisonment for any length of time not exceeding sixty days. Penalties for violation of & lien. 14. And be it enacted, That all taxes hereafter assessed in said town shall be chargeable with interest from and after the day on which they shall be returned by the collector as delinquents. Taxes to be 15. And be it enacted, That all taxes which may be hereafter assessed upon any lands, tenements or real estate, in said town, shall be and remain a lien thereon for the space of two years from the date of the tax warrant, notwithstanding any devise, descent or alienation thereof, or any judgment, mortgage or other encumbrance thereof; and that if the full amount of any such tax, with the interest and costs, shall not be paid and satisfied within sixty days from the date of such tax warrant, it shall and may be lawful for the common council to advertise and, if necessary, to sell said lands, tenements or real estate for the payment of said tax, interest, and all costs, charges and expenses, in the same manner as is prescribed by the laws of this state in cases where lands are assessed to persons residing out of this state. 16. And be it enacted, That this act shall take effect im mediately. Approved March 15, 1859. CHAPTER CIII. A SUPPLEMENT to an act entitled "An act respecting Apprentices and Servants." apprentices. 1. BE IT ENACTED by the Senate and General Assembly of Binding of the State of New Jersey, That the binding by indenture mentioned in the first section of the act to which this is a supplement, may lawfully be made by the board of managers of the house of refuge incorporated by the state of Pennsylvania, and all such indentures, if in other respects conformable to the provisions of said act shall be deemed and held to be valid and effectual in law. heretofore 2. And be it enacted, That all bindings heretofore made Bindings by the said board of managers are hereby declared valid made to be and effectual in law. 3. And be it enacted, That this act shall take effect immediately. Approved March 15, 1859. valid. |