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Taxes and assessments

take and subscribe an oath or affirmation that the moneys in the said list mentioned have been duly demanded, or due notice thereof given at the usual place of residence of each delinquent who could be found or may then reside in the said city.

27. And be it enacted, That all taxes and assessments to be a lien. which shall be assessed or made upon any lands, tenements,

or real estate in said city, shall be and remain a lien thereon
until paid: and if such tax or assessment shall not be paid
- within the time limited for that purpose, it shall be lawful
for the common council to cause such lands, tenements, or
real estate to be sold at public auction, for the shortest
term for which any person will agree to take the same,
and pay such tax or assessment, with interest and all costs
and expenses, and to execute and deliver to the purchaser,
under the common seal of the city, a declaration of such
sale, to be signed by the mayor and city clerk, by virtue
whereof such purchaser shall be entitled to hold and use
said lands, tenements, and real estate until his term shall
be ended; such sales shall be advertised for at least thirty

in a newspaper printed in said city, which advertisements shall describe said lands, tenements, or real estate, and specify the amount of the assessment or tax; provided, that such lands, tenements, or real estate may be redeemed by any person interested therein, at any time within two years after the sale, by paying to the city treasurer, for the use of the purchaser, the purchase money, with any other sum paid for tax or assessment chargeable thereon, which the purchaser may have paid, and which he is hereby authorized to do, with interest; and the certificate of the city treasurer, stating the payment and showing what property such payment is intended to redeem, shall be evidence of such redemption.

28. And be it enacted, That the common council shall

establish certain limits in said city, to be called lamp, police, established. and watch districts; taxes for lighting streets and support

ing a night-watch and police shall be assessed only on

days,

Proviso.

Lamp, police, and watch districts, to be

ed.

property within such districts, and shall be assessed separately from all other taxes.

29. And be it enacted, That all expense for opening, alter- Expenses for ing; grading, paving streets and sewerage shall be assessed to be assessupon and paid by the lands and real estate benefited thereby, in proportion to the benefit received; all such proposed improvements shall be advertised by the common council in a public newspaper printed in said city, at least four weeks before the adoption thereof; parties interested may be heard before the common council or their committee; the expenses of such improvements shall be ascertained and assessed by three impartial commissioners, to be appointed by the common council, from the residents of the city, who shall report, in writing, what real estate ought to be assessed therefor, and what part of the expense shall be assessed to each parcel or lot of land, which report sball be filed in the office of the city clerk, and shall constitute a lien upon the property assessed for the amount of such assessment.

30. And be it enacted, That the grade of no street which Grade of has been built on shall be altered, unless by the consent of be altered the owners of three-fourths of the lots fronting on the part

ers of lots. proposed to be altered, nor without paying to the owners of such buildings the damages sustained by the alteration of such grade.

31. And be it enacted, That the common council shall Common bave power to take any lands that they may judge necessary for the opening, widening, or alteration of any street upon paying to the owner the fair value of the lands taken and of the improvements thereon, and the damage done to any distinct lot, or parcel, or tenement, by taking part of it for such purpose.

32. And be it enacted, That when application shall be applications made for opening, altering, or widening any street, the streets. common council shall appoint a time when persons interested may be heard ; if the common council determine to open, alter, or widen such street, they shall appoint three proper persons, residents of the city, commissioners, who

streets not to

sent of own

council may take lands on payment of damages.

shall determine what lands and real estate will be benefited by said improvement, and shall estimate the costs of such improvement, and cause a survey and map thereof, and of the land benefited thereby to be made, and shall assess the costs upon said lands to be so benefited, in proportion to the benefit received thereby; they shall also estimate and report the value of lands taken for such improvement, and the erections thereon, and the damages done by taking the same, and shall report the names and interests of the owners thereof, as far as can be, and shall file their report and map with the city clerk in ninety days after their appointment, and unless in thirty days after the filing of such report, one-half of the owners of said lands shall file with the city clerk a remonstrance, signed by them or their agents, lawfully authorized, said common council shall proceed to make said improvement; but if such remonstrance shall be filed, the common council shall proceed no further in such improvement under that application; all expenses incurred by the common council in such proceeding shall be repaid to the city by the petitioners for such improvement; all necessary regulations, in reference to the proceedings upon such petitions and security for the expenses thereof, may be made by the common council; if no such remonstrance be filed, the report of said commissioners shall be final and conclusive, and the expenses of such improvements, including interest and costs of the proceedings, shall be assessed upon the property reported as benefited

thereby, and in the proportion set forth in such report. Payment of 33. And be it enacted, That upon completing the report of

the commissioners aforesaid, the city treasurer shall tender and pay to the owner of said land, if resident in the city, the amount of such assessment due to him, but if such owner is absent or cannot be found, or is a lunatic, idiot, infant, or in any other way legally incapacitated to receive the same, or will not accept thereof and sign a proper receipt therefor when tendered, the treasurer shall make affidavit of such facts, and file the same with the clerk, whereupon the common council shall direct the amount of

such assessment to be deposited in bank to the use of the person entitled thereto; and upon filing such receipt of the owner, or the ordering of such deposit, the said land shall be vested in the city, and said improvements may be proceeded with; the money so deposited shall be paid by the city to the person entitled thereto, on demand, without interest, except from such time as a demand may be made and payment refused.

34. And be it enacted, That all assessments or estimates Assessments made by such commissioners upon principles contrary to aside. law and to the provisions of this act, may be reviewed and for such cause set aside by the supreme court of this state, upon certiorari, and new commissioners may be appointed by said court to examine into and report anew as to the part set aside; said court may require the commissioners first appointed to certify as to the principle on which their assessment was made, or may inquire into the same by affidavits to be taken for that purpose; in case of reversal, the city shall pay the costs on such certiorari, and add the same to the expenses of the improvements.

35. And be it enacted, That all commissioners of assess- Commisments appointed by or under this act shall, before they take oath. proceed to their duties, subscribe and take an oath faithfully, honestly, and impartially to perform the duties required of them, and shall receive such compensation as the said common council shall, by general ordinance, fix and ordain.

36. And be it enacted, That upon the trial of any issue, Inhabitants or upon the judicial investigation of any fact wherein the tent as witmayor and common council of the city of Rahway is a party or in any way interested, no person shall be deemed an incompetent judge, witness, or juror by reason of his or her being an inhabitant, freeholder, or freeman of the said city; and any person sued or impleaded by reason of anything done by virtue of this act, may plead the general issue and give this act and special matter in evidence, under such plea, at the trial.

37. And be it enacted, That nothing in this act contained Act not to shall be construed to interfere with or impair the vested ed rights.

nesses.

impair vest

rights of any person or corporation, except as to property taken for public use upon compensation as provided for herein.

38. And be it enacted, That this act shall be a public act, and shall take effect on the third Monday in April next.

Approved February 26, 1858.

Public act.

CHAPTER LIX.

An act to incorporate the River View Cemetery.

may pur

Names of corporators.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Isaac Stephens, John K. Smith, William S. Yard, and David Witherup, and such other persons as may hereafter be associated with them, their successors and assigns, be, and are hereby ordained, constituted and declared a body politic and corporate, in fact and in

law, by the name and title of “The River View Cemetery.” Corporation 2. And be it enacted, That the said corporation shall have chase land. power to purchase, hold, and convey, for burial purposes,

a tract or piece of land in or near the city of Trenton, and

lay out and improve so much of the same as may be necesProviso. sary for the purpose of said cemetery; provided, the whole

amount of land so purchased shall not exceed fifty acres. Board of

3. And be it enacted, That the affairs of said corporation shall be managed by a board of directors consisting of five

members, with power to choose from among themselves No streets to such officers as may be deemed necessary and expedient. be opened through lands of cor

4. And be it enacted, That no roads or streets shall here

directors.

poration.

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