ing once in each week for two weeks in a newspaper in the city of Cape May, on or before the first day of October in each year, for sealed proposals for the purchase of the bonds, which said bonds, after purchase, it shall be the duty of the said treasurer to destroy in the presence of one or more members of the said board of commissioners. when ground is taken for poses. 13. And be it enacted, That the owners of any ground Proceedings which may at any time be taken or appropriated in pursuance of the provisions of this act and of the act approved March public purninth, anno domini eighteen hundred and sixty-nine, above mentioned, shall be paid for the same by the. city of Cape May, upon warrants drawn by the board of commissioners upon the city treasurer, as hereinbefore provided for, according to the value which shall be ascertained by a jury of three disinterested property holders to be appointed by any one of the justices of the supreme court of this state in open court or at chambers upon the petition of said commissioners; and if the said commissioners shall delay so petitioning for the period of sixty days after they have given notice, in writing, of their intention to take and appropriate such ground, then said jury shall be appointed by said justice upon the petition of any person so notified whose property shall be so taken; the said jury shall proceed to assess the damages for said ground, and in so doing they shall estimate the advantage to property of the owner adjoining or in the vicinity, and shall make a due allowance or deduction for such advantage. made. 14. And be it enacted, That when the said jury have made Appeals, how their award, it shall be signed by a majority of them and filed with the clerk of the circuit court, of the county of Cape May, and a duplicate thereof shall also be filed with the said clerk of the said board of commissioners, and an appeal may be taken by the said owners or by the said board of commissioners, in the name of the city of Cape May, within thirty days from and after the date of such filing of said award with the clerk of said circuit court; and in case such appeal is taken it shall be proceeded with, in all respects, as is provided for in the cases of appeals taken under the thirty-first section of the act to which this is a supplement. has been made 15. And be it enacted, That when such award has been When award so made and filed as above provided for, and upon payment and payment of damages so awarded, or in case of a tender and refusal the ground thereof upon payment of the same to the clerk of said circuit may be used tendered, &c. by commissioners. Powers over roads. General pow ers. Quorum. Proviso. Repealer. court for the use of the said owner, it shall be lawful for the said board of commissioners to enter into and upon and cause the said ground to be used and converted for the purposes aforesaid. 16. And be it enacted, That all powers heretofore conferred upon the city councils of said city of Cape May in reference to the highways, streets, roads, lanes and alleys of said city, not inconsistent with this act, shall be, and the same are hereby conferred upon the said board of commissioners. 17. And be it enacted, That the said board of commissioners shall have power to prescribe all rules and regulations necessary for the prevention of nuisances in, upon, or over the highways, streets, sidewalks, roads, drives, lanes and alleys and sewers and drains of said city, and for the proper use and enjoyment thereof by the citizens or other persons who may reside in or visit said city and for the curbing and paving of the sidewalks or any parts thereof by the owners of adjoining lots and keeping the same in order, and any person who shall violate any of said rules and regulation, and any others which shall be prescribed by said board of commissioners for the government of said highways, streets, sidewalks, roads, drives, lanes and alleys, sewers and drains not inconsistent with the constitution of this state or of the United States, shall be guilty of a misdemeanor, and shall pay such fine as may be prescribed by the said board of commissioners, not to exceed ten dollars for each and every violation thereof, to be recovered in the name of the said city before any justice of the peace as debts of like amount are recoverable, and such fines shall be paid when collected by the said board of commissioners into the treasury of said city. 18. And be it enacted, That a majority of the said board of commissioners shall at all times constitute a quorum for the transaction of business, and a majority of the members present at any meeting properly called, shall have and exercise all the powers conferred upon the said board of commissioners; provided, further, that no member of said board shall ever receive any pay or compensation for the performance of any duties performed by him as such. 19. And be it enacted, That all acts and parts of acts inconsistent with this act, are hereby repealed. 20. And be it enacted, That this act shall take effect immediately. Approved February 15, 1870. CHAPTER LVIII. A Supplement to the act entitled "An Act constituting a Public Road Board, for the laying out, constructing, appropriating, improving and maintaining public carriage roads in the county of Essex," approved March thirty-first, eighteen hundred and sixty-nine. road board may lay out avenues. 1. BE IT ENACTED by the Senate and General Assembly of Essex public the State of New Jersey, That the commissioners and their successors, constituting by the act to which this is a supplement, "The Essex Public Road Board," are hereby authorized and empowered to lay out, construct, appropriate, improve and maintain for the purpose of free carriage roads in the county of Essex, the following named avenues in the county of Essex, namely: avenue. I. Frelinghuysen avenue, beginning at Astor street, in the Frelinghuysen city of Newark, and running thence through the said city of Newark, and the township of Clinton, to the line of the county of Union; avenue. II. Springfield avenue, beginning at Market street in said Springfield city, and running thence through said city and the townships of Clinton, South Orange and Milburn, to the line of the county of Union; III. South Orange avenue, beginning at Springfield avenue South Orange in said city, and running thence through said city and the avenue. townships of East Orange, South Orange, Milburn and Livingston to the line of the county of Morris; IV. Park avenue, beginning at Bloomfield avenue in said Park avenue. city, and running thence through said city of Newark, and the township of East Orange, the town of Orange, and the townships of West Orange and Livingston, to the line of the county of Morris ; V. Bloomfield avenue, beginning at Belleville avenue, in the Bloomfield city of Newark, and running thence through said city, and the avenue. townships of Woodside, Bloomfield, Montclair and Caldwell, to the line of the county of Morris; VI. Washington avenue, beginning at Belleville avenue in Washington avenue. Repealer. council of the city of New ark may, within speciout the por tion of avenues within city limits. the city of Newark, and running thence through the townships of Woodside and Belleville, to the line of the county of Passaic, shall not exceed in width seventy-five feet; and that so much of said act as authorizes or empowers the said board to lay out, construct, appropriate, improve or maintain any other road or roads in said county, (except upon the application of property owners as hereinafter provided for,) be, and Proviso that the same is hereby repealed; provided, that it shall not be the common lawful for the said road board to lay out, construct, appropriate or maintain such parts of said avenues or any of them as lie within the city of Newark, until the said board shall have given notice for twenty days in two newspapers published in said city, of their intention to lay out and construct said avenues within the said city, and if within the period of ninety days from the first publication of said no ice, the common council of the city of Newark shall, by a resolution of said council, declare it to be their intention to lay out, open, construct and maintain, for the purposes mentioned in this act, so much and such parts of the said avenues as lie within the limits of the said city, it shall then be their duty to lay out, construct, appropriate, improve and maintain so much of the said avenues as lies within the limits of the said city, and the said common council shall thereupon proceed to lay out, open and construct said avenues, in the manner now provided by law, for laying out, opening, vacating, straightening, altering and widening streets, roads and highways in the said city; but if the said avenues shall not be laid out and constructed as aforesaid, within the said city by the common council of the city of Newark, within six months from the date of the passage of said resolution, the said road board shall proceed to lay out, construct, appropri ate and maintain the said avenues within the limits of the city of Newark, the same, and to all intents and purposes, as if this proviso had not been enacted; provided, that it shall not be lawful for said board to alter the present lines of said avenues within the limits of the city of Newark. Proviso. Power of the out such ave nues. 2. And be it enacted, That the said board are hereby board to lay authorized and vested with all the rights and powers necessary and expedient to survey, lay out, locate, construct, reconstruct and maintain the said avenues and roads, and to vacate such part or parts of existing roads as may be necessary therefor, in the county of Essex, for the convenience of public travel by carriages and other vehicles in said county, which said avenues shall be deemed and taken to be public reys and maps public inspec being given by 3. And be it enacted, That the said board shall cause to Accurate surbe made an accurate survey or surveys of the said avenues, to be made of with a map or maps thereof, showing the termini and routes avenues. of said avenues, including the courses and distances and the various improvements through which the same will pass, and also the names of the several. owners or reputed owners of the lands through which said avenues pass, and also the names of the several owners of land proposed to be taken therefor so far as the same can be conveniently ascertained, and showing also where the present streets and roads as now used are coincident with or fall within the lines of the aveues hereby authorized to be constructed, and also where those streets and roads which are now in actual use do cross said avenues; and the said board shall at their discretion appoint a place or places and day or days when, between Map or maps certain hours, the said map or maps will be open to public to be open for inspection, either at their office in the city of Newark or at tion, notice some place or places in the vicinity of said avenues; that advertisement the board shall give previous notice of such appointment by an advertisement published for at least ten days in two daily newspapers printed in said county; that in such advertisement only such short description of said avenues as proposed shall be required as shall be sufficient to identify the same; that no notice to land owners or other parties interested shall be necessary, other than that contained in said advertisement; that the board may adjourn and continue such public inspection of said map or maps from time to time as they may appoint and publicly declare at any meeting; and they shall attend such meeting or meetings, and Board shall shall examine and inquire into any complaint or objection hear objecpresented by any land owner or taxpayer for the purpose of ascertaining and determining as to the best manner of laying out, locating, widening or straightening the said avenues or any of them; that the board after such full inquiry shall Board, after lay out, locate, construct, widen or straighten said avenue, shall lay out with or without alteration of the original survey, as to them road with or may seem fit, and that such determination of the board shall ation. attend and tions. full inquiry, without alter |