Proviso. Proviso. Proceedings in case of non payment of And provided always, nothing in this act contained shall affect any agreement between landlord and tenant, respecting the payment of any such charges, but they shall be answerable to each other, in the same manner as if this act had never passed; and further, if any such assessment or any part thereof shall be paid by any person, when by agreement or by law the same ought to have been borne or paid by some other person, then it shall be lawful for the person paying the same to sue for and recover the same, with interest and costs of suit, in any court having cognizance thereof, and so much money paid for the use of the person who should have paid the same; and the assessment aforesaid, and proof of payment, shall be conclusive evidence in said suit; and in all cases where there is no agreement to the contrary, the owner or landlord, and not the occupant or tenant, shall be deemed the person who, in law, ought to bear and pay every assessment; and that in cases where the city council are authorized to make or levy any assessment for any of the said improvement under this act, they shall be authorized to borrow for a time, not to exceed twelve months, the amount of any such assessment in anticipation of the collection thereof. 28. And be it enacted, That in case any assessment made as aforesaid shall not have been complied with, by payment assessment. of the sums thereby assessed, it shall be lawful for the said city council to cause the same to be advertised in one or more public newspapers printed in the county of Middlesex, one of which shall be published in the city of Perth Amboy for two months, and by advertisements set up in five public places in the said city, for two months, thereby requiring the owner or occupants of such houses and lots to pay the sums at which said houses and lots shall have been assessed, to the treasurer of the said city; and that if default shall be made in such payment, such houses and lots shall be sold at public auction, at a day and place to be specified therein, for the lowest term of years at which any person will offer to take the same, in consideration of paying the sum assessed on the same, with the interest thereof, and the expenses of such advertisement and sale; and if, notwithstanding such notice, the owners or occupants shall refuse or neglect to pay such assessment and the interest thereon, and the expense of the said advertisement, then it shall be lawful for the said city council to cause such real estate to be sold at public auction, for a term of years, for the purposes and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common seal of the said city; and the purchaser, his executors, administrators or assigns, shall, by virtue thereof, and of this act, lawfully hold and enjoy the same, for his and their own proper use, against the owner or owners thereof, and any and all persons claiming under him or them, until his term shall be complete and ended; and such person shall be at liberty at or before the end of his term to remove the buildings and materials erected and placed by him thereon taking care to leave the same in as good order and condition as the same was when it came into his possession, wear and tear, and accidents by the elements excepted; provided that the lands, tenements, or real estate so sold, may be redeemed by the owner, occupant, mortgagee, or person interested therein, or by any other person, for, and on behalf of the owner, mortgagee or claimant of such lands, tenements, or real estate, at any time within two years after the sale, for assessments, by paying to the treasurer of the city, for the use of said purchaser, said purchase money, together with any other sum paid for tax or assessment said purchaser may have paid, chargeable on said lands, tenements, or real estate, and which he is hereby authorized to do, with interest thereon at the rate of ten per centum per annum, in addition thereto; and the certificate of the treasurer of the city, stating the payment, and showing what lands, tenements or real estate such payment is intended to redeem, shall be evidence of such redemption; provided, Proviso. nevertheless, that no mortgagee shall be deprived of his right of redemption unless personal notice of such purchase Assessments to be a lien. City council authorized to make surveys. Expenses for grading, &c., how paid. shall have been served upon him at least sixty days before the expiration of the time of redemption. 29. And be it enacted, That the amount of any assessment shall be and remain as a lien on the lot or lots assessed, from the time of the completion and return of such assessment, in manner aforesaid, until the same shall be paid and satisfied; and that it shall be lawful for the said city council, instead of the remedies herein above provided, if they shall see fit, in case of refusal or neglect to pay any assessment made as aforesaid, to sue for and recover the amount of any such assessment, from the person or persons who, under the provision of this act, ought to pay for the same, or his, her or their legal representatives, with interest and costs of suit, in any court in this state having cognizance thereof, in an action on the case, for so much money by them paid, laid out and expended for such person or persons, or his, her or their legal representatives; and the said assessment shall be conclusive evidence for the plaintiffs in every such action. 30. And be it enacted, That the said city council shall or may, whenever they deem it expedient, cause surveys to be made, and the same to be filed in the clerk's office of the county of Middlesex, and recorded in the book of records of roads and highways, for said county, of all such roads, streets, and highways, as they shall think proper, which now are, or at any time hereafter may be opened by the owner or owners of any land over or through which the same runs, and which now are, or may be, by said owner or owners dedicated to the public, by permitting the public to use the same, and selling lots fronting thereon; and all such streets, roads, and highways, when surveyed, and such surveys filed and recorded as aforesaid, shall be deemed and taken to be public streets, roads, or highways, and shall be made, maintained and treated as such in all respects. 31. And be it enacted, That all expenses for improvements in grading, guttering, bridging, and paving streets, and for flagging sidewalks, and for filling and refilling sidewalks, and for repairing and resetting, flagging in or on the sidewalks, and for repairing and resetting curb and gutters, and bridge stone and bridging, and for building wells, pumps, cisterns, drains and sewers, or for damages done to any building by such grading, shall be assessed upon, and paid by the lands and real estate, benefited by the same, in proportion to the benefit received; all propositions for such improvements, shall be advertised by the council in one of the city papers, or set up in five public places, in said city, for twenty days before the same are adopted, and the parties interested shall, if they desire, have an opportunity of being heard thereon before the council, or their appropriate committee; and the expenses of such improvements when completed, and damages if any shall be ascertained and assessed by three impartial commissioners not interested therein qualified before any justice of the peace of the city, who shall be appointed by the council, from the freeholders resident in the city; which commissioners shall examine into the whole matter, and shall determine and report in writing to the council, what real estate ought to be assessed for such improvements, and damages allowed, if any, and what proportion of such expenses shall be assessed to each separate parcel, or lot of land; provided Proviso. that said commissioners, in making such assessment, shall take into consideration the expense heretofore incurred by the owner or owners of any lot or parcel of land which may have been improved under any ordinance of the said. city of Perth Amboy, since the year 1852, and shall accompany such report with a map containing each lot assessed, and the name of the owner or owners thereof; which report and map shall be filed in the office of the city clerk, and be by him recorded on the assessment book; whereupon the said clerk shall cause to be inserted in at least one of the newspapers published in said city, or to be set up in five public places in said city, for at least twenty days a notice of the filing of said report, and that the council will meet at a time and place to be specified in said notice, to consider said assessment, and receive and Proviso. Proviso. Contracts for work to be done to be advertised. consider all objections thereto which may be presented in writing, and if the council shall confirm said assessment, it shall constitute a lien on the property assessed, for the amount of such assessment; all assessments and liens upon property by virtue of this section, shall be collected in the same manner as provided for the collection of assessments in sec. 27 of this act, for the laying out and opening of streets; and the city council shall or may have power to borrow money in anticipation of the assessments for any improvement ordered to be done according to the provisions of this section; provided the amount shall not exceed two-thirds of the estimated cost of the contemplated improvements; provided also, that the city council shall be obliged on application of any property owner to the street commissioner before contracts are advertised to put out the work to be done, in front of his particular property in a separate parcel or contract; and provided further, that when the grade of any street shall have been established, by ordinance, and the work completed, it shall not be altered without application to the city council of twothirds of the property owners on the street so proposed to be altered. 32. And be it enacted, That all work and materials for improvements exceeding in cost one hundred dollars, shall be done or furnished by contract, and all contracts for doing work or furnishing materials for the improvements provided for in this act, shall be advertised for twenty days previous, in a city paper, or by notices put up in five public places in said city, and shall at all times be given to the lowest bidder, who will comply with all the requirements of the council, and will give ample freehold security for doing said work and furnishing said materials according to contract, and all bids shall be opened in public, and at a time previously noticed in the advertisement above mentioned, and no bid shall be received or considered unless the same shall be sealed, and no member of the city council shall be directly or indirectly interested in any contract as |