death or disability of one or more of the commissioners appointed under the provisions of the ninety-sixth, or one hundred and second section of this act, it shall be lawful for the city council to supply, by appointment, the vacancy or vacancies caused by such resignation, death or disability.

and notices to

110. And be it enacted, That whenever any certificate of Certificates assessment as aforesaid shall be ratified by the city council, be published. such certificate shall be delivered to the city treasurer, and on the receipt by him of such certificate as aforesaid, the treasurer shall prepare an abstract of such assessment, and enter the same in a book to be kept for that purpose, and shall give notice in a newspaper printed and published or circulating in the city of Elizabeth, which notice shall be published for three weeks successively, stating in general terms the streets or sections of streets comprised in such assessment, and requiring the owners of land and real estate assessed in such certificate to pay the amount to him, with interest thereon, from the time of such assessment, at seven per centum per annum, at his office, within sixty days from the first publication of the notice, or within the said time deliver to him a bond entered into by said owner or owners to said city, conditioned for the payment of such assessment in five years from the date thereof, by paying twenty per centum of the amount of such assessment in each and every year, with interest upon the amount of such assessment, or such part thereof as may remain unpaid, at the rate of eight per centum per annum, semi-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 the said five years, or in case any instalment or interest shall not be paid according to the condition thereof, then the said land and real estate may be sold as provided for in the eighty-third section of this act, for the amount of said assessment, or such part thereof as may remain unpaid, with interest, costs and expenses; and the amount due on the said bond shall be placed to the credit of the said city, or paid by the city treasurer to the assignee or holder of said bond, or the legal representatives of the said assignee or holder.

111. And be it enacted, That if any such assessment upon suit for delinany lot, tract, or parcel of land and real estate shall not be quency. paid, or said bonds shall not be delivered within the time appointed in said notice, or if any owner shall neglect to pay the amount expended by the city council in laying or repairing any sidewalk, curb or gutter along such owner's property,

152

Proviso.

Proviso.

the city council of the said city may, as they shall deem proper, either bring an action on the case, in any court of competent jurisdiction, in the name of "the treasurer of the city of Elizabeth," against the owner or owners of such lot, tract, or parcel of land and real estate, for so much money laid out and expended by them for the use of such owner or owners, and declare generally, and give the special matter in evidence, and either party, from any judgment rendered therein, may have the same remedy, by appeal or otherwise, as if said parties were private individuals; or may order and direct the city treasurer to collect such assessment or amount by public sale at auction of the lands and real estate whereon such assessment or amount has been imposed, may be a lien, or may have been expended as aforesaid.

112. And be it enacted, That nothing contained in this act shall be construed to affect any agreement between the owner or owners of any lands and real estate, and the occupant or tenant thereof, representing the payment of any tax or assessment on such lands and real estate, but they shall be answerable to each other in the same manner as if this act had not been passed; and if any such tax or assessment shall be paid by any person, when by agreement or by law the same ought to have been paid by some other person, then it shall be lawful for the person paying the same, to sue for and recover the amount of such tax or assessment, with interest and costs of suit, in any court having cognizance thereof, as so much money paid for the use of the person who ought to have paid the same; and the proof of such tax or assessment, and of the payment thereof, shall be conclusive evidence in said suit; and in all cases where there is no agreement to the contrary, the owner or owners of the lands and real estate upon which such tax or assessment shall have been imposed, or may be a lien, and not the occupant or tenant, shall be deemed the person or persons who, in law, ought to bear and such tax or assessment. pay

113. And be it enacted, That all the provisions of this act in relation to laying out, opening, altering or widening any street, highway, road or alley, shall be construed to extend to and embrace the removal of any building or part of a building which has been heretofore erected within the lines of any street or road whose lines and courses have been, or shall hereafter be run, marked, laid out and designated by commissioners appointed and acting in conformity with the provisions of the one hundred and seventeenth section of this act or of

the first section of an act entitled "A supplement to an act entitled 'an act to establish the city of Elizabeth,'" approved March fifteenth, eighteen hundred and fifty-nine.

on railroads.

114. And be it enacted, That whenever any street or part Assessments of any street in the said city, occupied or used by the track of any railroad company, shall require to be altered or widened for the convenience of public travel, and proceedings for the altering or widening the same shall have been taken under the provisions of this act, it shall be lawful for the commissioners appointed by the city council, and whose duty it may be to make a just and equitable assessment of the whole amount of the costs, damages and expenses of such altering or widening among the owners of all the lands and real estate benefited thereby, to assess such portion of said costs, damages and expenses upon the corporation or company owning or using said railroad track, as shall to them seem equitable and just; and such assessment shall be a lien upon any property of said corporation or company in the city of Elizabeth, and may also be enforced in the same manner as the assessment upon such owners of lands and real estate benefited thereby.

roads to be

115. And be it enacted, That it shall be lawful for the city Survey of council, whenever they shall deem it expedient, to cause sur- nied. veys to be made, and the same to be filed in the office of the clerk of the county of Union, and recorded in the book of records of roads and highways for the said county, of such streets, roads, highways and alleys, as they may think proper, which heretofore have been, or at any time hereafter may be opened by the owner or owners of any land over which the same runs, and which has been by such owner or owners dedicated to the public, by permitting the public to use the same, and by selling lots fronting thereon, and all such streets, roads, highways and alleys when surveyed, and such surveys filed and recorded, as aforesaid, shall be deemed and taken to be public streets or highways, and shall be made, maintained and treated as such in all respects.

116. And be it enacted, That no street, road, highway or Proviso. alley laid out and opened within the said city since the twentieth day of January, eighteen hundred and forty-three, or hereafter to be laid out and opened, shall be recognized, considered or treated as a public street, road, highway or alley unless the same has been or shall be laid out and opened under the direction of the city council, or has been or shall be surveyed, and such survey filed and recorded as aforesaid.

Coramission

ers to survey streets.

117. And be it enacted, That, whereas there are several roads, highways and streets within the said city of Elizabeth, the lines of which have not been and cannot be certainly ascertained, by reason of the indefinite surveys, and plots and maps thereof; for the better fixing upon and settling the lines and courses of said streets, roads and highways, the city council of said city shall and may appoint from time to time, three disinterested freeholders of the said city, residing as near as may be in different wards, as commissioners, who, together with the city surveyor, for the time being shall constitute a commission to run, mark, lay out and designate the lines and courses of any such street, road or highway, as are not and have not been ascertained and clearly designated, which said commission shall have full power and authority to run, mark, lay out and designate the lines and courses of any such street, road or highway within said city, and shall make a full and clear map and profile of said street, road or highway, or such part thereof as they shall run, mark and lay out, designating by some notable and permanent marks or monuments, the beginning and ending of said street or part thereof, as aforesaid; which said map or profile, certified under the hands of said commissioners and surveyor, or a majority of them, shall be recorded in the office of the city clerk, which said record or original map or profile, so filed as aforesaid, shall be full evidence of the street, road or highway, or part thereof, as the case may be, and of its lines and courses; and the said three commissioners shall receive for their services such compensation as shall be made and granted Compensation by the said council; provided, that private property shall not be taken without compensation to the owner or owners, and the costs and expenses of said improvement shall be assessed and collected in the same manner as for laying out and opening any street.

Regulation in

cases of suits.

TITLE EIGHTH.

MISCELLANEOUS PROVISIONS.

118. And be it enacted, That upon the trial of any issue, or upon the judicial investigation of any fact to which "the treasurer of the city of Elizabeth" is a party, in which the city of Elizabeth is interested, no person shall be deemed an incompetent judge, witness or juror, by reason of his being an inhabitant, freeholder or freeman of said city; and that if any person shall be sued or impleaded by reason

of any thing 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; and all actions to be brought for the recovery of any penalty imposed by any ordinance that may be passed by said city council, and all actions brought for or to the use of said city, may be prosecuted in the name of the "treasurer of the city of Elizabeth," without specifying the individual name of the treasurer of said city for the time being; and no such suit shall abate by reason of any change of the person holding

such office.

altered.

119. And be it enacted, That all ordinances of the said ordinances city passed by the city council under and by virtue of the provisions of the act entitled "An act to incorporate the city of Elizabeth," and the several supplements thereto, not inconsistent herewith, shall continue in force until altered or repealed by the city council.

120. And be it enacted, That whenever the city council Published. shall cause a revision of the ordinances of the city to be made, and shall direct the same to be published in a printed volume, it shall not be necessary to publish such revised ordinances in a newspaper printed and published or circulating in the city of Elizabeth, as provided in the twenty-ninth and thirtieth sections of this act; provided, that all notices and matters required to be published by this act, shall be printed and published in a newspaper of the said city, if any newspaper is printed or published therein.

record.

121. And be it enacted, That the books of record kept by Books of any of the officers of the city, under and by virtue of the pro- evidence. visions of any city ordinance, shall be admitted as evidence. of the matters and things therein contained and recorded in all courts and places whatsoever.

council not to

offices.

122. And be it enacted, That no member of the city coun- Member of cil shall, during the period for which he was elected, be ap- old certain pointed to, or competent to hold any office, the salary or emoluments of which are paid from the city treasury, or be directly or indirectly interested in any contract, work or business, or in the sale of any article, the expense, price or consideration of which is paid from the city treasury, or by an assessment levied by any act or ordinance of said council; nor shall any such member be directly or indirectly interested in the purchase of any real estate or other property belonging to the city council, or become security for any officer appointed by said council, or for any contractor under the city government, under the penalty of five hundred dollars for