By whom assess. cript of said assessments to the officer of such borough ments collected. charged with the duty of collecting assessments for improvements. When no certiorari allowed unless. Assessments divided in ten installments. to be a lien. 8. And be it enacted, That the court shall direct what notice shall be given of the confirmation of such report, and after such notice has been given as directed in said order no certiorari shall be allowed to review any of the proceedings authorized by this act, nor in any way to affect the assessment made by said commissioners, unless the same shall be applied for within thirty days after the time fixed for notice in the said order. 9. And be it enacted, That all assessments made under the provisions of this act shall be divided into ten equal installments, and may be paid at the option of the property owner within ten years, one installment for each year or sooner if he wishes, and the said assessment, and any portion thereof remaining unpaid, shall be and Portion unpaid remain a first lien upon the lands and real estate affected thereby from and after the date of said confirmation of the said report to the same extent as taxes are a lien under the general laws of the state, and they shall be collected in the same way that taxes are collected, and in case of non payment of such assessment within ninety days after the expiration of the ten years within which the foregoing installments are permitted to be paid, then When said lands the said lands and real estate assessed therefor may be sold for the same, or for any balance thereof remaining unpaid of the same, in the same manner provided by such laws for the sale of land for unpaid taxes, and the sale of land for any unpaid balance shall be as effectual in all respects as would be the sale of land for the entire assessment; provided, that upon failure to pay any of the said annual installments when the same are due, the whole of said assessment shall become immediately due and payable; and provided, that in no case shall the interest on such assessments exceed the legal rate established by law at the time such report is confirmed. may be sold. Proviso. Proviso. Authorized to issue improve. 10. And be it enacted, That the mayor and council may ment certificates. Pay the expense of any such improvement as is authorized by this act by issuing improvement certificates, bearing interest at a rate not exceeding six per centum per annum, and payable not more than five years from the date of their issue; provided, that if because of the provi- Proviso. sions of section nine of this act it becomes necessary, any of such certificates may be renewed, upon falling due, by the issue of other like certificates. sions of this act ings not 11. And be it enacted, That in case any such main outlet When the provior lateral sewers or drains as are in this act described are applicable. now in process of construction in any borough of this state, or have heretofore been constructed and completed, and no assessment of the cost and expense thereof has been heretofore made, or has been heretofore by law authorized to be made, upon the property owners specially benefited or to be benefited thereby, and such borough has issued its bonds or other evidence of indebtedness whereby it has raised the money with which the cost and expense of said main outlet or lateral sewers or drains has been in whole or in part paid, the provisions when proceed. of this act shall apply thereto in all respects as if this act invalidated. had been passed and become a law before the construction thereof had commenced, and the proceedings had and taken therein shall not be invalidated or set aside by reason of any informality or failure to comply with the requirements of sections one and two of this act, or from any former lack of such lawful authority as is herein conferred on such borough by said sections, but the same shall be deemed and taken as in all respects lawful; provided, that no property shall be assessed but for special Proviso benefits derived, and that the amount chargeable to the borough at large shall not be assessed, but shall remain a liability as the same now by law is. to be raised by 12. And be it enacted, That the mayor and council of Amount required any borough proceeding under this act may by resolu- taxation. tion order to be incorporated in the annual tax levy in each year such amount as shall be required to be paid by such borough at large, on account of all assessments for such improvements as in this act are authorized, which have been made in the next preceding fiscal year, over and above the total amount of the assessments made against the land and real estate specially benefited, and the same shall be assessed and raised in the general tax. raise by taxation 13. And be it enacted, That for the yearly cost and Authorized to maintenance of such system of drains and sewers as is for payment of authorized by this act, and to provide for the payment of incurred. indebtedness How money received to be applied. Compensation of all indebtedness that may be incurred by any borough in constructing such system, or any part thereof, whether such indebtedness be funded or unfunded, or be for principal or interest, the mayor and council thereof shall have power, by resolution, to cause to be assessed in the annual tax levy and collected such sum as they in each year shall find necessary. 14. And be it enacted, That all moneys received in payment of the assessments in this act mentioned shall be received and retained by the collector of taxes, and by him set apart absolutely for the payment and redemption, or upon the direction of the mayor and council, for the purchase of all bonds issued, whether under this act or any other act, for the purpose of main outlet or lateral sewer construction, and also for all improvement certificates issued for the payment of work for which said assessments are levied, and for no other purpose whatso ever. 15. And be it enacted, That the commissioners mencommissioners. tioned in this act shall be entitled to three dollars for each day's service. Limit to increase ness. 16. And be it enacted, That nothing in this act conof total indebted-tained shall be deemed to authorize any borough in this state at any time to increase its total indebtedness on its bonds and improvement certificates of every kind beyond ten per centum of the assessed valuation of real and personal property within such borough. 17. And be it enacted, That this act shall take effect immediately. Approved March 27, 1893. CHAPTER CCLXIV, An Act relative to the fire department of cities of the first class in this state. number of men. 1. BE IT ENACTED by the Senate and General Assembly of Lawful to the State of New Jersey, That it shall be lawful for the increase the board of fire commissioners or board having charge and control of the fire department of any city of the first class in this state for the better efficiency of the fire department to increase the number of men attached to each company, so that the total number of men allotted to each company shall not exceed eight, one of whom shall be designated as captain and who shall receive a Salary of capsalary not exceeding twelve hundred dollars per annum. tain. 2. And be it enacted, That when the increase herein when and what provided for shall be made the position or appointment positions ceasc. of all men attached to said department and known and designated as foreman, hosemen at call and truckmen at call shall immediately cease and determine. commissioners &c., to be for 3. And be it enacted, That in order to take advantage of Board of fire the provisions of this act and put the same in operation shall pass resolu in any such city, such board of fire commissioners or tion declaring. other like board shall pass a resolution declaring an intention to take advantage of and put the same in operation in any such city, a copy of which resolution Certified copy. duly certified under the hand of the clerk of such board, warded to board together with an itemized statement of the sums or of finance. amount of money necessary to enable such board to carry into effect the provisions of this act shall forthwith be forwarded to the finance board, or other body in such city having the control of the finances and the control or making of appropriations of money to meet the needs of the several departments of any such city, to the end that such last named body shall have reasonable notice to provide the necessary moneys needed for the purposes aforesaid; and such last named body are hereby authorized Authorized to and required to borrow such sum of money so certified as borrow money. Proviso Proviso Board of fire commissioners prescribe new and additional rules. Penalties and fines prescribed. Persons physi not to be appointed. aforesaid in anticipation of taxes to be thereafter levied, and to issue evidence of indebtness of such city therefor under the hand of the mayor and the corporate seal of such city at such rate of interest not exceeding five per centum per annum as said board may find necessary; provided, that any money borrowed as aforesaid shall be met and paid by an appropriation in the tax levy next thereafter to be levied in any such city; and provided further, that said board of finance or board having charge and control of the finances of any such city may in their discretion divide said sum so needed as aforesaid so that one-half thereof may be placed in the tax levy next thereafter to be levied and the remainder in the tax levy of the ensuing year. 4. And be it enacted, That it shall be the duty of said board of fire commissioners, or like board, as aforesaid, to prescribe new and additional rules and regulations to any existing or authorized, for or relating to the fire department of any such city, or the government and control thereof, with all the officers and members thereof under their jurisdiction; and in doing so, penalties or fines shall be prescribed for violation, inattention to or neglect of any duty or rule, and the fine may be in any sum not exceeding two months' pay or compensation of the offending party; for absence from duty without leave, a penalty or fine shall be invariably imposed; no person shall be cally incapable appointed to any place in any such fire department who shall be physically incapable of performing the duty of the place to which he shall be appointed or elected; no person shall take or have charge of any steam engine or tion, have certifi- apparatus, as engineer or the like, in such department, unless he shall pass an examination before some competent board or authority, to be prescribed or designated by such board of fire commissioners, or like board, which shall demonstrate his fitness for the place sought, to be attested in a written certificate from such examining board or authority; such board of fire commissioners, or like board, are hereby clothed with power to require, by reasonable and proper regulations, as aforesaid, the said erection, &c., of officers and men of their department to report as to the tion of fire and erection, location, placing or removal of any frame or water hydrants, other like dangerous building or structure likely to pro Engineer shall pass examina cate of fitness Board of fire commissioners have power to require officers and men to report as to buildings, condi &c. |