Payment of damages to non-residents, &c.

Assessment of damages and exmade.

of no appeal to the circuit court as aforesaid, the person or persons entitled thereto may sue for and recover the same from the said city, in an action on the case, with costs, in any court having cognizance thereof, and the said proceedings of the said commissioners and the city council, or the verdict of said jury, as the case may be, shall be conclusive evidence against the defendant.

7. And be it enacted, That the city treasurer shall, under the direction of the city council, tender and pay to the owner or owners of such lands and real estate, if resident in the said city, the amount of such estimate and assessment of damages due to him, her or them; but if any such owner is not a resident in this city, or is a lunatic or idiot, or under age, or if for any other lawful cause he is incapacitated to receive the same, or if such owner will not accept the same and sign a proper receipt therefor, when tendered, then the city treasurer shall make affidavit of such facts and file the same with the city clerk; and the city council shall cause the amount to be placed at interest on good security, for the use of the person to whom it may be due.

8. And be it enacted, That in order to provide for the payment of the value of the land, costs, damages, and expenses of laying out and opening, altering, widening, or straightening any street, road, highway or alley within said city, under the provisions of the second section of this act, the city council shall ascertain the whole amount of such valuation costs, damages and expenses, and shall cause to be made a just and equitable assessment thereof, upon the owners of all the lands and real estate benefited thereby, in proportion, as nearly as may be, to the advantage each shall be deemed to acquire; that in order to provide for the payment of the cost, damages and expenses of laying out, opening or grading any public park or square within said city, the city council shall ascertain the whole amount. of such costs, damages and expenses, and shall cause to be made a just and equitable assessment of such amount upon the owners of all the lands and real estate benefited thereby

in proportion, as nearly as may be, to the advantage each shall be deemed to acquire; and that in order to provide for the payment of the costs, damages and expenses of constructing any sewer or drain in any part of said city, the city council shall ascertain the whole amount of such costs, damages and expenses, and shall cause to be made a just and equitable assessment thereof, upon the owners of all the lands and real estate benefited thereby, in proportion, as nearly as may be, to the advantage each shall be deemed to acquire; and that in order to provide for the payment of the costs and expenses of grading, gravelling, paving or macadamizing any street, or section of a street, said city council shall ascertain the whole amount of such costs and expenses, and shall cause to be made a just and equitable assessment thereof, upon the owner or owners of lands and real estate upon the line of said street, or section of a street so graded, gravelled, paved or macadamized; provided, that the person or persons feeling aggrieved shall Proviso. have the right of appeal as specified in section five.

sioners to

9. And be it enacted, That in all cases of the appointment Commisof commissioners under the fourth section of this act, it take oath. shall be the duty of same commissioners, upon the request of the city council, subsequently to meet and make an assessment of the whole amount of the value of the land and of the costs, damages and expenses of such improvement or work, in the manner herein required; and in all other cases of assessment, the city council shall appoint five disinterested freeholders of said city, residing as nearly as may be, in different wards, commissioners to make any such assessment; and the said commissioners, before they enter upon the execution of the duty required of them, shall take and subscribe an oath or affirmation before the city clerk, or mayor of said city, to make the said assessment fairly and impartially according to the best of their skill and judgment.

commission

ers to be

10. And be it enacted, That the said commissioners shall Report of make a report in writing of the assessment so made, and before signing the same, shall place the said report in the

filed.

Proceedings in case of

report.

office of the city clerk, for examination by the parties interested therein, and shall give notice, by advertisement in one or more of the city papers, for two weeks, that such report has been deposited as aforesaid, and also of the time and place when and where the parties interested can be heard by the said commissioners; and after hearing the parties, the said commissioners shall proceed and complete the report, and sign the same, and return the said report with all objections, in writing, which shall be presented to, and left with them, by any of the parties interested to the city council.

11. And be it enacted, That every report of assessment objections to made as aforesaid under the provisions of sections four, five, eight, nine, ten, of this act, and presented to the city council, shall be by them referred to a committee of three members of said council, for consideration, and in case of any objections in writing being returned with such report, the said committee shall give notice in one or more newspapers of said city, for two weeks, to the parties interested, of the time and place when and where they will meet to hear them on the objections and reports; the said committee shall thereupon examine the matter and report to the city council, and return to them the said report of the said commissioners, with the objections of the parties, together with the views and opinions of the said committee respecting the said report.

Reports to be ratified by

common council.

Vacancies.

12. And be it enacted, That the city council shall thereupon examine the matter, and may correct said report and assessment, if they deem proper, and ratify the same; and every report of assessment from which no appeal shall be taken which shall be duly ratified by the city council shall be final and conclusive; or they may return such report and assessment to the said commissioners who may have signed the same, and the like proceedings shall be had when the report is returned, as in the first instance.

13. And be it enacted, That in case of the resignation, death, disability or removal from said city of one or more of the commissioners appointed under the provisions of

sections four and nine of this act, it shall be lawful for the city council to supply, by appointment, the vacancy or

vacancies so caused.

as

Assessment to be a lieu.

14. And be it enacted, That whenever any report of sessment shall be ratified by the city council, the said assessment shall become a lien upon the said real estate, and such report shall be delivered to the city treasurer, who shall forthwith prepare an abstract of such assessment and enter the same in a book to be kept for that purpose, and shall give notice in one or more newspapers published in said city, for two weeks, stating in general terms the streets or sections of streets comprised in such assessment, and requiring the owners of land and real estate assessed in such report or other party owing such assessment, to pay the amount to him, at his office, within sixty days from the first publication of the notice, or within the said time to enter into bond to said city, conditioned to pay such assessment in five years from the date thereof, with interest at the rate of eight per centum per annum payable semiannually; and if the said bond shall not be given as aforesaid within the time specified in said notice, it shall be lawful for the city council, as they may deem proper, either to bring an action on the case in any court of competent jurisdiction, against the owner or owners of such lot, tract or parcel of land and real estate, for so much money laid out and expended by them for the use of such owner or owners, and declare generally, and give the special matter in evidence, or they may proceed to collect such assessment by public sale in the same manner and mode as is provided in section twenty-six of the act entitled "An act to establish the city of Elizabeth," and an act entitled "An act to make taxes a lien on real estate in the township of Elizabeth in the county of Essex, and to authorize the sale of the same, for the payment of the same," for the sale of lands and real estate for taxes; provided, that nothing herein Proviso. contained shall affect any agreement between landlord and tenant respecting the payment of any assessments; provided also, that upon thirty days' notice to the treasurer Proviso.

Record to be kept of taxes

ments.

any of the obligors in said bond may pay not less than twenty per cent. on his said bond.

15. And be it enacted, That a complete record of all taxes and assess and assessments shall be kept in the office of the city clerk; the record of taxes shall be the assessments of taxes prepared and returned by the assessors of the several wards of the said city, and the final returns made by the collectors of taxes; the records of the assessments shall be the original reports of the assessments with the maps accompanying the same, the abstracts thereof, and the transcripts of unpaid assessments prepared by the city treasurer.

Part of former act repealed.

Duties of mayor in

16. And be it enacted, That sections thirty-two, thirtythree, thirty-four and thirty-five of the act entitled "An act to establish the city of Elizabeth," be and the same are hereby repealed.

17. And be it enacted, That the mayor of said city is civil actions. hereby invested with the powers of a police justice; but he shall not, as a police justice, by virtue of his office, be authorized to hear and try any civil action except such as may be brought to recover a penalty under the ordinances of the said city, in which cases he may act as a justice of the peace in his civil capacity.

Duties of mayor in criminal matters.

Actions and

proceedings before

mayor.

18. And be it enacted, That the said mayor as police justice shall be entitled to use and exercise the like power, authority and jurisdiction in all criminal matters and complaints arising in the city of Elizabeth, as the justices of the peace in and for the several counties of this state are or may be by law entitled to use and exercise within their respective counties.

19. And be it enacted, That all actions and proceedings before said mayor, as a police justice, under the provisions of this act, shall, as nearly as may be, be regulated by the provisions of, and conducted in the manner prescribed in and by an act entitled "An act constituting courts for the trial of small causes," and the several supplements thereto, and that the court held by said mayor as police justice, in and for the said city of Elizabeth, shall be a court of record, and vested for the purposes mentioned in this act,