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Assessments to be a lien.
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 Aagging sidewalks, and for filling and refilling sidewalks,
Expenses for grading, &c., how paid.
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
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 Proviso. 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. work to be
32. And be it enacted, That all work and materials for da vertieba. 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
principal, surety, or otherwise, the expense or consideration of which is to be paid from the city treasury.
33. And be it enacted, That the salary of no public officer Salaries shall be increased or diminished during his official term. to be inThat no member of the city council shall during the period during his for which he was elected be appointed to or be competent term. to hold any office the salary or emoluments of which are paid from the city treasury; and that the council shall receive no remuneration unless a specific appropriation be made at the annual city or town meeting for that purpose and then for no more than one meeting in each month.
34. And be it enacted, That it shall be lawful for the city Council may council to borrow money from time to time, provided the money. said city council shall cause the clerk to give notice at least ten days before the charter election, what amount, for what purpose, and for what time they purpose to borrow any sum, and a separate ballot shall be used at the succeeding election, on which shall be written or printed "Loan,” or “No Loan;" and if a majority of such ballots, when counted, shall have written or printed on them the word “Loan," then the city council shall be so empowered to borrow such amount in addition to the general appropriation: and it may be lawful for the city council to secure the payment thereof, by the issue of bonds or other instrument, under the common seal and signature of the mayor, and to provide by tax for the payment thereof: said bonds not to be disposed of at less than par; and provided, there Proviso. shall not be a greater sum than five thousand dollars raised by loan in any one year, and the city shall not owe more than five thousand dollars at any one time; provided Proviso. always, that for any amount of indebtedness exceeding that voted by the inhabitants at their annual charter election immediately preceding, the city council, under whose authority the said excess of indebtedness shall have accrued (except such temporary loans as are authorized by this act in anticipation of taxes or assessments for improvements) shall be individually and collectively responsible except those who may enter their protest, upon the record
of their proceedings against such excess or increase of in
debtedness. Money may
35. And be it enacted, That it shall and may be lawful be raised by
for the city council at any time before the twentieth day of August in each year, to cause to be raised by tax in addition to the amount appropriated at the annual city or town meeting, such sum or sums of money as may be necessary for carrying into effect the ordinances and by-laws from time to time enacted by them, and for defraying any other expenses of said city, not to exceed the sum of five hundred dollars in any one year; provided, that the sum total of the amount so raised in addition to the taxes levied by the annual city or town meeting shall not exceed the limit of one per cent. as set forth in section 10th of this
act. Assessments The city assessor shall assess the several sums so ordered to be made.
to be raised, in the same manner as ordered in section 9th of this act. And it shall and may be lawful for the city council to borrow money in the name of the city on note
or other security, in anticipation of the payment of taxes Proviso. levied at the preceding city or town meeting; provided, that
the sum so borrowed shall not amount in all to more than one-half of the taxes levied by the annual city or town meeting; nor be made payable at any period later than thirty days after the time fixed by law for the collection of said taxes.
36. And be it enacted, That upon the trial of any issue or upon judicial investigation of any fact, to which the "inhabitants of the city of Perth Amboy," are a party, or in which they are interested, no person shall be deemed an incompetent judge, witness, or juror by reason of his being an inhabitant, freeholder or freeholder of said city, and that if any person shall be sued or impleaded by reason of anything done by virtue of this act, it shall be lawful for such person to plead the general issue, and give
this act and special matter in evidence at the trial. Offenders to 37. And be it enacted, That until such time as a city tedd to fall of prison may be erected, that the jailor of the county of
Inhabitants not incompetent as witnesses.