Proviso.

Assessment may be set

aside on certiorari.

Proceedings when assessment is set aside.

Repealer.

liens on said lands, tenements or real estate, and on foreclosure of any mortgage by such mortgagee redeeming shall be directed to be made out of the said lands, and on sale of said lands under any such foreclosure, judgment shall be paid out of the proceeds of the sale; provided further, that a complete record of all assessments shall be kept in the office of the treasurer of said commission, which record shall contain the time when such assessment was laid, the time when it was paid (and if the property had been sold therefor) the time of said sale and to whom sold, and if redeemed, when and by whom; it shall be the duty of said treasurer to record in a book to be called "Record of Sales," all declarations of sale, and to give certificates of search in relation to liens to any person or persons applying for the same, and to cancel such declaration when the property for which they were given shall be redeemed.

2. And be it enacted, That whenever any assessment shall be set aside on writ of certiorari on account of any irreguJarity or technicality in the proceedings relating thereto, the supreme court shall appoint three disinterested persons, freeholders and residents of the county of Hudson, commissioners to make a new assessment, which assessment shall be final.

3. And be it enacted, That in case any assessment for any improvement is set aside on certiorari after a portion of the said assessment has been collected by the treasurer of said commission, that in that case all sums of money so collected shall be refunded and paid to the then owners of the lots or parcels of land so assessed, and upon which said payments were so made; and the new assessment for said improvement shall be made without any reference to the fact that any sums of money have been heretofore paid under the said assessment so set aside on certiorari; the sums here. in provided to be refunded shall be paid out of the first sums of money collected under the new assesment for said improve

ment.

4. And be it enacted, That all acts or parts of acts inconsistent with this act, be and the same are hereby repealed.

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

Approved March 17, 1870.

CHAPTER CCCCXIII.

A Supplement to "An Act to authorize the Township Committee of the Township of Plainfield, in the County of Union, to open, work and repair the public roads, streets, avenues and sidewalks in said township," approved April third, eighteen hundred and sixty-seven.

overseers of

1. BE IT ENACTED by the Senate and General Assembly of Election of the State of New Jersey, That the overseers of the highways highways. of the several road districts in the township of Plainfield in the county of Union, that are not included within the limits of the city of Plainfield, as incorporated by act of legislature, approved April second eighteen hundred and sixty-nine, shall be elected by the legal voters of the several districts as they may be arranged from time to time by the township committee in the said township; and for the purpose of carrying this provision into effect it shall be the duty of the township committee of the said township to give public notice of the time and place of holding the first district road meeting under this act, and which meeting shall be held on the Saturday next previous to the annual town meeting in said township, and shall cause notice thereof to be posted up in some conspicuous place in such district, at least five days before the time of holding any such meeting, which shall be some convenient place in the district, where and when the legal voters in the township, residing in such road district shall assemble for the purpose of such election, and at which time and place such legal voters assembled having been called to order by any legal voter of the road district, shall proceed viva voce, by holding up of hands or by count, to elect a moderator of such meeting, by plurality of votes, and being so organized, the meeting shall proceed, as in the election of moderator, to elect an overseer of the highway of such road district; the moderator of each district meeting shall notify the township committee at their first meeting after such election, in writing, of the election of such overseer, and in case of the failure of any district to elect an overseer, or of the person so elected

give notice of meetings.

to accept of the appointment, the township committee shall fill such vacancy, and shall furnish a list of the names of said overseers of the highways so elected or appointed to the clerk of the township, and it shall be his duty to publish the same, with the names of the officers and proceedings of said first town meeting after the election of said overseers. Overseers to 2. And be it enacted, That all subsequent district road district road meetings in said township shall be called by the overseers of the respective road districts, upon notice posted up in some conspicuous place in sach road district, at least ten days before the time of holding such meetings, and all such subsequent district road meetings shall be held on Saturday preceding the annual town meeting in said township, and should the overseer of any district fail to call such meeting, or the individual elected refuse to accept such appointment, or in case of a vacancy arising from another cause, the township committee shall fill such vacancy and cause the names of the persons so elected or appointed, to be published as aforesaid. 3. And be it enacted, That this aet shall take effect immediately.

Approved March 17, 1870.

Portion of

CHAPTER CCCCXIV.

An Act relating to the extension of Cherry Street in the City
of Rahway.

1. BE IT ENACTED by the Senate and General Assembly of street vacated the State of New Jersey, That all that portion of Cherry street lying easterly of Main street, in the city of Rahway, as laid down on a map of said city from surveys, made under the direction of commissioners appointed by the legislature under an act entitled, "An Act authorizing the appointment of commissioners to lay out streets, avenues and squares, in the city of Rahway," approved April fourth, eighteen hundred and sixty-five, be and the same is hereby vacated and

abolished, and the lines established by said commissioners as the lines of said part of Cherry street, are hereby abolished, and the action of the said commissioners in laying out the said Cherry street between the said Main street and the north branch of Rahway river, is hereby annulled and made void, and shall be for nothing holden.

2. And be it enacted, That all acts and parts of acts, so Repealer. far as the same are inconsistent herewith, are hereby repealed. 3. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1870.

CHAPTER CCCCXV.

A Further Supplement to an act entitled "An Act to incorporate the City of Bayonne, approved March tenth, eighteen hundred and sixty-nine.

1. BE IT ENACTED by the Senate and General Assembly of Amendment. the State of New Jersey, That the words "northerly" and the words "of Huron avenue," be stricken out of the eighth line of the second section of the act to which this is a supplement, and that the word "boundary," be inserted in said section and line, in the place of the word "northerly.'

acts.

2. And be it enacted, That wherever in the act, to which Publication of this is a supplement, it is provided that the acts of the mayor and board of councilmen shall be published in two daily newspapers, that the mayor and council may, at their option, make said publication in said two daily papers, or in one of them, and in one weekly paper published in said city of Bayonne; in the latter the publication to be made for two weeks.

3. And be it enacted, That the words, "at not less than the par value thereof," be stricken out of the sixteenth line. of the seventy-fourth section of the act to which this is a further supplement; and the words "at not less than ninety

Amendment.

Amendment.

Owners may

give bond in

lieu of cash

five per cent. of the par value thereof," be inserted in lieu thereof.

4. And be it enacted, That the sixty-eighth section of said act shall be amended by adding the words, "and said owners of property shall give notice to the board of councilmen, within ten days after the passage of the ordinance for said improvement, of their desire to do their work, as aforesaid; and the commissioners of assessment shall allow, in the final assessment, for the work done by said owners."

5. And be it enacted, That in every case in which an assessment is made for a public improvement, the parties asassessments. sessed may, within the time provided for the payment of the same, and in lieu of a cash payment, deliver to the city collector a bond, payable to the city treasurer, entered into by the owner or owners of the property assessed, conditioned for the payment of such assessment in five years from the date of the confirmation thereof, by paying twenty per centum of the amount of said assessment in each and every year, with interest upon the amount of said assessment, or such part thereof as may remain unpaid, at the rate of eight per centum per annum, payable annually; and in case the sum of money mentioned in the condition of the said bond shall not be paid, with interest at the expiration of said five years; or in case any installment or interest shall not be paid according to the condition thereof, then the said land and real estate may be sold in the manner provided in the act to which this is a further supplement, for the sale of lands for taxes and assessments, for the amount of such assessment, or such part thereof as may remain unpaid, with interest, costs and expenses; and the amount due on such bond shall be placed to the credit of said city, or be paid by the city treasurer to the assignee or holder of said bond, or to the legal representatives of said assignee or holder; and in all cases where the board of councilmen are authorized to make or levy an assessment for any improvement heretofore made, or hereafter to be made, under the act to which this is a further supplement, they shall be authorized to borrow the amount of said assessment, or any portion thereof in anticipation of the collection of said assessment, to be expended only in payment of such improvement, or loans for the payment thereCity may is- of; and for that purpose to issue the bonds of the city, to be called "Improvement Bonds of the City of Bayonne,' payable in six years from the date thereof, with interest, at

sue bonds.