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ous of consuming the same, on account of the non-payment of any sum or sums of money due to them for gas, from any person or persons, corporations or company, body or bodies politic, who shall have formerly occupied the premises or any part thereof upon which such gas shall be required.

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

Approved March 15, 1859.

CHAPTER CXXIII.

A SUPPLEMENT to an act entitled “ An act to establish the city of

Elizabeth."

.

1. BE IT ENACTED by the Senate and General Assembly of Commis. the State of New Jersey-Whereas, there are several roads, lay out lines highways and streets within the city of Elizabeth, the lines of which are not and cannot be certainly ascertained, by reason of the loss of the old surveys, plots, maps and marks thereof; for the better fixing upon and settling the lines and courses of said roads, highways and streets, the city council of said city shall and may appoint, from time to time, three disinterested freeholders of said city as commissioners, who shall constitute a commission to run, mark, lay out and designate the lines and courses of any such street, road or highway as are not and have not been

Proviso.

ascertained and clearly designated, which said commission shall have full power and authority to run, mark, lay out and designate the lines of any such street, road or highway within said city, and shall make a full and clear map or profile of said street, road or highway, or such part thereof as they shall run, mark and lay out, designating by permanent marks, or monuments, the beginnings and endings of said street or part thereof as aforesaid; which said map or profile, upon being certified by them, or a majority of them, under their hands, and subsequently ratified by the city council, shall be recorded or filed in the office of the city clerk, and shall thereupon be full evidence of the street, road or highway, or part thereof, as the case may be, and of its lines and courses, as bereinafter provided; provided, that private property shall not be taken without compensation to the owners, and said commissioners shall receive such compensation as the city council may order.

2. And le it enacted, That the city council may lay out City council and open any street, road, highway or alley, or park, in streets, &c. any part of said city, and cause any street, road, highway

or alley already laid out, or which shall be hereafter laid out, to be vacated, altered, widened or straightened; and to take and appropriate for such purpose any lands and real estate upon making such compensation to the owners as is hereinafter provided; said city council may likewise cause sewers or drains to be constructed in any part of said city, and, if necessary, take and appropriate for such purpose any lands and real estate, upon making compensation to the owner or owners thereof as is hereinafter provided; and said city council may also order and cause any street, or section of a street, within the lamp and watch district of said city, to be graded, gravelled, paved or macadamized in such manner as they may deem advisable, at the expense of the owners of lands and real estate on the line of said street or section of a street; provided, that, after any street, or section of a street, shall be once entirely graded, gravelled, paved or macadamized at the expense of

Proviso.

the owners of property as aforesaid, the city council shall take charge of and keep the same in repair, without further exclusive assessment on the property on such street, or section of a street; provided also, that all or any of the Proviso. aforesaid improvements shall be made, or work done, only on the application, in writing to said council, of a majority of the resident owners of property lying along any street or streets, or sections thereof, on which such improvement is to be made or work done; provided also, that before the Proviso. city council shall determine that such improvement is to be made or work done, they shall give notice in a newspaper printed and published in the city of Elizabeth, by advertisement for at least two weeks, briefly describing such work, road, alley, park or improvement, and requesting all persons who may object thereto, or be interested therein, to appear in person or by agent before the city council, or their committee, at a time and place to be designated therein, to be heard in reference thereto; pro. Proviso. vided also, that the like notice shall be served on each owner of land upon or before which said improvement is to be made or work done, or by leaving a copy thereof at his or her residence if they reside within the city of Elizabeth, at least ten days before the time appointed, or, if non-residents, then by placing the said notice in the postoffice directed to their address, if known, at least ten days before the time appointed; provided also, that if the owner's Proviso. residence is not known, then the notice by public advertisement, afore provided, shall be deemed sufficient.

3. And be it enacted, That whenever the city council shall Compensadetermine to lay out and open any street, road, highway, made for alley or public park, or square, within said city, or to alter, widen or straighten any street, road, highway or alley, or to make any sewer or drain in any part of said city, and to take and appropriate for such purpose any lands and real estate, they are hereby authorized to treat with the owner or owners thereof for the

may purchase the same, and make such compensation therefor as they shall judge reasonable; and shall thereupon receive from

same, and

Proceedings in case city council and owners cannot agree.

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such owner or owners a conveyance of such lands and real
estate to the city; and such compensation shall constitute
a part of the whole amount of costs, damages and expenses
to be assessed under and in pursuance of the provisions of
section eight of this act.

4. And be it enacted, That in case no agreement for such
purchase can be made, it shall be the duty of the mayor to
appoint, with the approval of the city council, five disin-
terested freeholders of said city, as near as may be one
from each ward, commissioners to make an estimate of the
land to be taken, and also assessment of the damages any
such owner or owners will sustain by taking and appro-
priating in the manner aforesaid such lands and real estate,
and estimating and in assessing such damages, the said
commissioners shall have due regard both to the value of
the lands and real estate and to the injury or benefit to the
owner or owners thereof by making such improvement as
aforesaid; and if, in any case, the commissioners shall esti-
mate the benefits to any such owner or owners to be
greater than the damages, they shall so declare in their
report, and shall specially estimate and assess the value of
the lands and real estate which are necessary to be taken
and appropriated for such improvement; and after such
award shall be made, the remaining lands and real estate
of any such owner or owners shall be liable to assessment
for the payment of the costs, damages and expenses of such
improvement under and in pursuance of the provisions of
section eight of this act; provided always, that nothing in
this act shall be construed to authorize the said city coun-
cil to take and appropriate any graveyard, burial.ground,
or place used for burying the dead, for streets, roads, high-
ways or alleys without the consent of all the owners or
proprietors thereof.

5. And be it enacted, That it shall be the duty of the mayor, on making such appointment as aforesaid, to designate a time and place for the meeting of the commissioners, not less than two weeks from the date of such appointment, of which time and place of their first meeting,

Proviso.

Moeting of

missioners.

he shall give public notice by advertisement for two weeks previously in one or more of the city newspapers, and also, a written notice shall be served upon the persons interested, by leaving the same at their residence at least five days previous to said meeting, if within said city, or if they are non-residents, by placing the said notice in the post office directed to their address, or if said address is not known, then such advertisement shall be sufficient, and the said commissioners shall, before they enter upon the execution of the duty required of them, severally take and subscribe an oath or affirmation before the city clerk or mayor of said city, to make the said estimate and assessment fairly and impartially, according to the best of their skill and judgment, and the said commissioners, or a majority of them, when met, shall have power to examine witnesses under oath, to be administered by any one of them, to enter upon and view the premises if they deem it necessary, and to adjourn from time to time, and they shall make a just and true estimate and assessment as aforesaid, make and sign a report of the same, and file the same with the city clerk, and the same being ratified by the city council, shall be binding and conclusive upon the owner or owners of any such lands and real estate, and the said city council, upon payment of the damages so awarded or a tender and refusal thereof, shall cause the same to be converted and used for the purpose aforesaid ; provided, that any person Proviso. or persons conceiving himself, herself or themselves aggrieved by the proceedings under this section of the said city council, or of the said commissioners, may appeal therefrom to the circuit court of the county, within sixty days from the time of making the final order of the city council, and the circuit court shall order a trial by jury to assess the damages sustained by the party aggrieved, the trial whereof shall be conducted as in other cases of trial by jury.

6. And be it enacted, That in cases of non-payment on suits may be demand of any damages estimated and assessed as afore. cases of non

payment of said, with interest from the date of the assessment, in case damages.

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