CHAPTER CXXXIX.

An Act to improve Kearney avenue, in the townships of Kearney and Harrison, in the county of Hudson.

WHEREAS, the surveyors of the highways of the county of Preamble. Hudson did, on the twentieth day of April, in the year of our Lord eighteen hundred and sixty-five, in pursuance of the laws of this state, lay out a public road four rods in width, called Kearney avenue, in the then township of Harrison, now in the townships of Kearney and Harrison, and did also order that the said road should be opened on the first day of July, eighteen hundred and sixty five; and whereas, said avenue when regulated and graded will be of great value and use to the inhabitants of said townships, but more particularly to those persons who own lands lying upon either side of the same; therefore to enable the said objects to be carried out and accomplished,

ers to im

1. BE IT ENACTED by the Senate and General Assembly of Commissionthe State of New Jersey, That N. Norris Halsted, Joseph prove avenue. L. Hewes, Stephen K. Jerolemon, John Boyd, junior, and Henry Kenton, or a majority of them, be hereby appointed commissioners to cause said Kearney avenue to be regulated and graded throughout its whole length and width; provided, Proviso they first secure the consent in writing of the owners of a majority of the frontage on said avenue, the whole length thereof, as laid on the map of said avenue made by Ellis Dunn, surveyor, and now on file in the clerk's office of Hudson county.

vertise for

2. And be it enacted, That before entering upon the duties Shall take an hereinafter specified, the said commissioners, or a majority oath, and adof them, shall take and subscribe an oath or affirmation be- proposals. fore some persons having authority to administer the same, that they will faithfully and impartially perform the duties required of them, and that they are not, and will not become interested directly or indirectly, in any contract to be given out by them, and after which it shall be lawful for the said commissioners to advertise, for not less than ten days, in at least one newspaper published in Jersey City and the city of

Proviso.

Proviso.

May issue certificates of in

contractor.

Newark for proposals, and may thereafter open said proposals for the doing of said work, and let the same to the person or persons who offer to do it for the least sum of money; provided, that said work shall not be let without security from the contractor or contractors in such sums as the commissioners or a majority of them may require, not less, however, than one-third the price for doing such work; provided, the whole cost of said work shall not exceed the sum of six thou sand dollars, and said commissioners may, if they deem it to be to the interest of the property owners along said avenue, reject all the offers and re-advertise as above; and said commissioners are hereby empowered to employ some competent surveyor to perform the services required of him, at such compensation as they may determine.

3. And be it enacted, That said commissioners may, on a debtedness to certificate of the surveyor of the amount of work done, issue to the contractor a certificate or certificates in sums of not less than five hundred dollars as the work progresses, and on the completion of the work for the balance due, and a like certificate to the surveyor in payment for expenses incurred, which certificates shall draw interest at the rate of seven per centum per annum until paid, and such certificates shall be receivable in payment for any assessment laid by said commissioners as shall be hereinafter provided.

Shall prepare maps and statement of cost.

4. And be it enacted, That after the work of regulating and grading said avenue shall be completed, the said commissioners shall cause three maps to be made of all the lands fronting on said avenue, designating each parcel by numbers and showing the owners' or reputed owners' names on said map, and the lineal feet which each parcel shall front on either side of said avenue, and they shall lay down on said maps a statement of the cost of such improvement, and make a schedule showing an equal division of the costs and charges of such improvement to each parcel of land pro rata in the proportion which the whole cost bears to the total lineal frontage on said avenue, the interest upon certificates issued to be computed up to a period of sixty days after the making Shall levy an of such maps; and said commissioners shall thereby lay an lands, which assessment on said lands as aforesaid, and certify to the same on said map by their hands, and cause one copy of said map, with their qualifications, to be filed of record in the county clerk's office of the county of Hudson, and place the other copy in the hands of the collectors of taxes for the time being

assessment on

shall be a lien

shall collect

of said townships of Kearney and Harrison respectively, which assessment shall be a lien on the lands in said townships respectively upon which the same is laid from the time of filing said map and certificate in said clerk's office; and it Collectors shall be the duty of the collectors in each of said townships assessment. respectively to collect said assessment within sixty days from the time of laying the same, in the same manner in which township taxes are collected, and to pay the same over to the holders of any certificate or certificates of said commissioners. in sums of fifty dollars or upwards as the same shall come into his hands, endorsing such payments upon such certificates; and the said collectors shall proceed in all things as by the laws of this state township collectors are bound to proceed, where not otherwise herein specified, and shall be liable to the same pains and penalties prescribed in sundry

cases.

pay lands may

5. And be it enacted, That in case any owner or owners of On failure to lands shall fail to pay the assessment laid thereon within be sold. sixty days from the time of laying the same, then the collector shall return the same in the same manner; and all subsequent proceedings, including the sale of the lands so assessed, shall be the same as though they were to be had for unpaid taxes, and the moneys made by virtue of the sale of lands or chattels shall be applied in payment of the certificates issued by the commissioners, with interest as above, and the lawful costs of said proceedings.

6. And be it enacted, That this act shall be taken and deemed a public act, and shall take effect immediately. Approved March 1, 1870.

Amendment.

CHAPTER CXL.

A Supplement to the act entitled "An Act to incorporate the Rahway Water Company," approved March eighth, eighteen hundred and fifty-nine.

66

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That where the phraseology the counties (or county) of Middlesex or Union, (or both) as the case may require, occurs in the act to which this is a supplement, the same shall be amended to read "the county of Union;" and wherever the word "Middlesex" otherwise occurs in said act, the word "Union" shall be substituted therefor.

Approved March 1, 1870.

Pension.

CHAPTER CXLI.

An Act for the relief of Ebenezer Emmons of the county of Monmouth.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the treasurer of this state be and is hereby authorized and required to pay to Ebenezer Emmons of the county of Monmouth, who was a soldier in the war of eighteen hundred and twelve, or to his order, the sum of one hundred dollars per annum during the term of his natural life, in equal semi-annual payments of fifty dollars each, the first payment to be made upon the first day of June, eighteen hundred and seventy.

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

Approved March 1, 1870.

CHAPTER CXLII.

An Act to incorporate the Paterson Athletic Association.

1. BE IT ENACTED by the Senate and General Assembly of Names of corthe State of New Jersey, That James Jackson, Garret A. porators. Hobart, Isaac Newton, junior, Charles H. May, George H. Low, James Crooks, J. Alexander Beckwith, J. W. Congdon, B. W. Hoxsey, Andrew Derrom, E. Theodore Bell, R. S. Hayes and David T. Gilmore, and such other persons as now are or shall hereafter be associated with them and their successors, are hereby constituted a body corporate by the name of "The Paterson Athletic Association," for the purpose of Corporate mental and physical improvement, by the establishment and name. maintenance of a suitable gymnasium and reading room, or either, and by such other means and appliances as shall be expedient and proper for such purpose.

capital stock.

2. And be it enacted, That the capital stock of the said Amount of corporation shall be two thousand dollars, with the power to increase the same to the sum of ten thousand dollars, if they deem it proper so to do, to be divided into shares of five dollars each, which shall be transferable only on the books of the said corporation, subject to such regulations and restrictions as the directors shall from time to time prescribe. 3. And be it enacted, That the said corporation shall be Directors. located in the city of Paterson, and that the persons named in the first section of this act shall be first directors of the said corporation, who shall continue in office until the first Wednesday in February, anno domini eighteen hundred and seventy-one, and until others are duly elected in their stead.

4. And be it enacted, That the directors of the said cor- Powers of diporation shall have power from time to time to make and rectors. establish such by-laws, rules and regulations as they shall deem proper for the election of officers, for prescribing their functions and the mode of discharging the same, for the admission of members, the suspension and expulsion of the same, for the government of the officers and members, for imposing and collecting admission fees, fines and contributions from the members, and for such other purposes as shall become neces