Directors.

First directors

Treasurer to give bond.

Act may be repealed.

recording secretary, and a corresponding secretary, who shall be elected annually at such time as they by their constitution appoint, and shall hold their respective offices for one year, or until successors are elected.

5. And be it enacted, That the business affairs of said corporation shall be transacted by a board of eleven directors, who shall be elected annually and shall hold their office for the term of one year, and that a majority of said board shall have power to make contracts and to buy and sell property for the use of and in the name of the said corporation, and that all acts and deeds made and done by a majority of said board of directors in their official capacity, shall be deemed the act and deed of the said corporation.

6. And be it enacted, That the incorporators named in the first section of this act shall constitute the board of directors for one year from the twenty-fourth day of September last and until successors are appointed or elected.

7. And be it enacted, That the treasurer of said corporation may be required to give bond in such sum as the board of directors may require, with approved security, to said association by their corporate name, conditioned for the faithful performance of the duties of his office, and said bond shall be valid in law.

8. And be it enacted, That the legislature reserve the right at any time hereafter to repeal, alter or modify this act. 9. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1870.

CHAPTER CCCCLX.

A Supplement to the "Act to incorporate the City of Bergen," approved March eleventh, eighteen hundred and sixty-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That all roads, streets and avenues,

and straighten

or any part thereof now used by the public within the corpo May widen rate limits of the city of Bergen owned or used by any cor- roads and aveporate body either by right of purchase or grant, it shall be nues. lawful for the mayor and board of aldermen of said city by resolution to widen and straighten the same, to improve by grading, curbing, flagging, and paving all or any part of said roads, streets and avenues, when widened and straightened at any time whether said roads, streets and avenues are under contract or not, and all costs and expenses of said widening and straightening, and for grading, curbing, flagging and paving the full width of said roads, streets and avenues when completed shall be as essed and collected according to the provisions of the charter of the city of Bergen and the supplements thereto, and all improvements made and work done under the provisions of and in accordance with this section shall be legal and in nowise affect the legality of the assessment to be levied for the same notwithstanding any provisions in said charter of the city of Bergen to the contrary.

change grade

2. And be it enacted, That the mayor and board of alder- May alter and men of the city of Bergen are hereby authorized, if in their of streets, &c. judgment they deem it to the interest of the city and property owners to change the grade of any portion of any road, street or avenue in said city, by resolution upon the application in writing of three-fourths of the property affected by said change of grade, and the mayor and board of aldermen shall not levy any assessment there for unless they are satisfied that damage has been done to the property where such change of grade is proposed and made; this provision shall also apply to any road, street or avenue now under contract, and shall in no way affect the legality of the proceedings or assessments to be levied for the grading, rock excavation, curbing, flagging, and paving, or improving the same.

be made for

roads.

3. And be it enacted, That the mayor and board of alder- Payments to men of the city of Bergen shall cause to be paid the sum of paving certain twenty thousand dollars in addition to the amount already streets and authorized for the paving of the Jersey City and Bergen Point plank road (or Grand street) from the centre of Mill creek to Colden place; the Newark and New York plank road from Colden place to Ocean street, and on said plank road from Ocean street to Bergen avenue; also eight thousand dellars in part payment of the assessment or assessments made or to be made for improvements already authorized in

Width of car. riage way.

Washington avenue between the Morris canal and West Grand street; said additional amounts to be paid from the proceeds of improvement coupon or registered bonds to be issued as provided for in forty-first section of the charter of the city of Bergen, and the amount of said improvement bonds outstanding at any one time shall not exceed the sum of two hundred thousand dollars.

4. And be it enacted, That the width of the carriage way on Monticello avenue, now under contract to improve, from the Newark and New York plank road to a point one hundred and forty-six feet north of Columbia Place, shall be of the uniform width of forty-one feet, and no stoop or enclosed area shall be built on said avenue beyond the avenue side line between the points heretofore mentioned; and all change of width of carriage way, changes of grades and proceedings on said Monticello avenue are hereby declared legal and shall in no way affect the assessment to be made for the imWidth of side-provement now under contract; and the width of the sidewalks on Grove street, between Bergen avenue and Ocean street, and on Bergen avenue, from the southerly line of the Newark and New York plank road to the northerly line of the proposed westerly boulevard intersects said avenue, the width of the sidewalks shall be of a uniform width of ten feet on which no fence, stoop or enclosed area shall be built; also on Westview avenue, from Bergen avenue to the Hackensack river, and Academy street, west of Mill road.

walks.

Change of name to be

map.

5. And be it enacted, That the mayor and board of alderdesignated on men of the city of Bergen are hereby authorized to change the name of any road, street, avenue or place in said city, and to designate the name of the same, and to cause the said names to be placed on the map filed by the commissioners appointed to lay out into blocks and streets all lands not already laid out, and when said map is confirmed and approved the names as designated shall not be changed.

Mayor and aldermen are empowered to

company to

lay mains.

6. And be it enacted, That the mayor and board of aldermen of the city of Bergen are hereby empowered to direct direct any gas any gas company to lay mains under the sidewalks on both sides of Monticello street, Grand street, Newark plank road and Montgomery street, before the same are paved, and in any road, street, or avenue, where the carriage way is of less width, to lay mains and run connections from said mains to one foot inside of the curb lines, said connections not to be over fifty feet apart on both sides of the above road, street or avenue,

before the same are about to be paved, notwithstanding any provisions in this charter to the contrary; and upon the failure of said gas companies to lay said mains and to run said connections, upon two weeks notice of the passage of a resolution directing said mains and connections to be laid, then the said mayor and board of aldermen are empowered to have said mains and connections laid by contract or otherwise, and the expenses incurred in laying and furnishing of said mains and connections, shall be a lien upon any property, goods and chattels in said city, owned by said gas companies, and they are further empowered to order connections to be made with the sewers and water pipes, when the same are laid in the carriage way before being paved, said water pipe and sewer connections to be laid one foot inside the curb line, and at such distances as the mayor and board of aldermen may by resolution adopt, and upon the failure of the owners of property to lay said water and sewer connections to be made within two weeks after notice being published in the corporation papers of the passage of a resolution directing that the same shall be done, then the mayor and board of aldermen may direct the same to be done by contract or otherwise, and the expenses incurred in furnishing and laying of said connections, shall be charged and collected as in the assessment for the improvement of any road, street or avenue on which the same may be ordered done, and a separate column shall be made in each assessment, showing how much is charged to each person or persons who have failed to make said connections; and on any road, street or avenue, south and west of Bramhall avenue and Clendeny avenue, where the same is crossed or may be crossed by the tracks of any steam railroad, the tracks shall be laid at the grades. of said roads, streets and avenues, or at a sufficient distance below the grade of said roads, streets or avenues, so as to give room for the building of an arch of masonry the full width of said road, street or avenue, the underside of said arch to be at least six feet below the grade, and to be filled in with earth so as to give room for the laying of gas and water pipes and for the construction of sewers, and to be improved in the same manner as the balance of the street, on both sides of the cut made for any railroad company, all of the above to be done at the expense of any railroad company crossing said roads, streets and avenues, and to be com

Acts of mayor and aldermen heretofore

valid.

pleted within at least six months after the railroad company shall carry passengers on the road.

7. And be it enacted, That all acts and proceedings of the present mayor and board of aldermen of the city of Bergen, done declared heretofore done in accordance with the provisions of the charter of the city of Bergen, are hereby declared to be legal and have the same force and effect as if a certain act entitled "An Act to consolidate and make into one city, to be called Jersey City, the cities of Jersey City, Hudson city, Hoboken and Bergen, the town of Union and the townships of North Bergen, Union, West Hoboken, Greenville, Bayonne and Weehawken and part of the township of Kearney" had never been passed or become a law; and further, that the said mayor and board of aldermen of the city of Bergen are hereby authorized to continue to act under the provisions of said charter of the city of Bergen and supplements thereto until and including the first Monday in May next.

Bridge to be erected.

Proceedings for taking certain land.

8. And be it enacted, That a proper bridge shall be constructed on Montgomery street, where the same crosses the line of Cornelison avenue; and the cost of said bridge to be levied and collected by the mayor and board of aldermen in the assessment for the improvement of Montgomery street, as provided in section sixty-one of the "Act to incorporate the city of Bergen."

9. And be it enacted, That the triangular piece of land at the intersection of Palisade, Hudson and Washington avenues, and the triangular piece of land at the intersection of Montgomery Park and Bergen avenue, shall be taken by the mayor and board of aldermen of the city of Bergen and thrown into the public streets; and they are hereby empowered to purchase the same if they can agree with the owners on the price of said lands, or if they fail to agree, then the above described premises are to be condemned for public use, and the commissioners of assessment of the city shall at once, after notification from the mayor and board of aldermen proceed to appraise the value of the lands taken, and upon filing their report the mayor and board of aldermen. shall pay to the owner or owners of said lands taken the amount of the appraised award by said commissioners, and in case the owner or owners will not accept the same, or if they cannot be found, or if an idiot, lunatic or incapacitated to receive the amount to be paid as estimated by said commissioners, then the city shall cause said amounts to be paid into