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eastern boundary line to the northwest side of Tappan road; thence (16) easterly along said road about two hundred (200) feet to a point where the same is intersected by the westerly boundary line of the lands belonging to the estate of Patrick Hodnett or a prolongation thereof; thence (17) southeasterly along said western boundary line to the Dwars Kill or the northerly boundary of the borough of Closter; thence (18) northerly, easterly, southeasterly along its various courses and through the center of Naugle's mill pond, to the point or place of beginning.

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3. This act shall take effect immediately.
Approved March 14, 1905.

Acquire private right of way for sewers.

Right of condemna

tion.

CHAPTER 32.

An Act to enable cities of this state to acquire, by purchase or condemnation, rights of way through, on, across and along private property of others for the purpose of constructing and maintaining in and along said right of way a sewer or sewers forming a part of or used in connection with the sewer system of said city.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

I. It shall be lawful for any city in this state to acquire by purchase from the owner or owners of any land within or without the boundaries of said city a right of way for the purpose of constructing and maintaining in and along said right of way a sewer or sewers forming a part of or used in connection with the sewer system of said city.

2. Whenever such city cannot acquire such right of way by agreement with the owner, whether by reason or disagreement as to price, or legal incapacity or absence of the owner, or his inability to convey valid title, said city may condemn such right of way for the purpose aforesaid; and in such case such con

demnation proceedings shall be had and taken in conformity with the provisions of the general laws of the state of New Jersey regulating the ascertainment and payment of compensation for property condemned or taken for public use. The width of such right of way shall be such distance as may be necessary and appropriate for the use of said land for the purposes aforesaid; provided, that nothing in this section contained Proviso. shall authorize the condemnation of the property of any railroad corporation necessary for the proper operation of its railroad.

try.

3. Whenever such city shall have acquired such Right of enright of way, either by purchase or condemnation, it shall be lawful for such city to at all times enter upon said right of way and lay such sewer pipe or pipes as may be necessary or useful for the purpose aforesaid, and at all times to maintain and operate such sewer pipe and to enter upon said lands at all times for the purpose of inspection, repairs, and additions thereto, doing no more damage on said land than is necessary in the premises, and the owner of said land shall at no time plant any trees within the boundaries of such right of way.

4. This act shall take effect immediately. Approved March 14, 1905.

CHAPTER 33.

An Act to authorize cities in this state to insure their buildings.

BE IT ENACTED by the Senate and General Assembly

of the State of New Jersey:

insurance.

I. It shall be lawful for the common council or Municipal other governing body of any city in this state to insure the property of such city and any property owned or under the control of any department or co-ordinate body in the government thereof against damage or loss by fire or otherwise, by the establishing of an

Fund created.

Amount and use of fund.

Commissioners of fund.

Duties.

Payments, how made.

insurance fund for the purpose of meeting any such loss to said property.

2. For the purpose of creating such fund, the common council or any other body having charge of the finances of any such city, may appropriate thereto any amount of money under their control, not raised or appropriated for any other purposes, and may add to such fund yearly in the same manner or by raising such an amount in the tax levy as they may yearly decide and fix upon.

3. The common council or other body having charge of the finances of any such city, shall have full power and authority to designate by resolution the maximum and minimum amount of any such fund, and from time to time to provide for the disposition or use of any excess over and above the maximum amount so fixed, or of the interest or profits arising from such fund when the said fund shall have reached the amount fixed as the maximum limit thereto. 4. The The mayor of any such city may, with the advice and consent of the common council or other governing body thereof, appoint three commissioners, to be known as the "Insurance Fund Commissioners," who shall hold office without compensation for a term of three years and until their successors are appointed, whose duty it shall be to invest any such fund and all additions and accretions thereto, subject to the qualifications set forth in the last aforesaid section, in such manner as they shall deem best suited for such purpose, and who shall have the power to adopt rules and regulations to govern themselves in the investing and control of such fund; they shall at all times keep on hand such sum of money as they may deem sufficient, or have the same invested in such securities as can be immediately sold for cash, for the purpose of paying any loss by fire which may occur to any of the buildings or property so insured.

5. All payments made by such commissioners out of such fund shall be made upon the requisition of the common council or other body having charge of the finances of any such city, which board or body shall fix, by the resolution authorizing the requisition, the amount to be so paid, the department, commission,

officer or person to whom the payment shall be made, and the mode of payment.

fund com

may act.

6. It shall be lawful for the mayor of any such Sinking city, by and with the consent of the common council or missioners other governing body of any such city, to intrust the management and investment of any such fund to the sinking fund commissioners of such city in lieu of commissioners specially appointed as aforesaid, who, when so designated as the custodians of such fund, shall have the same powers and authority as if specially appointed for such purpose.

other insurance.

7. No city, board, commissioners or any depart- Not carry ment of any city, where such a fund shall be established, shall carry any other insurance upon any building or property owned thereby or under the control thereof without the consent of the finance committee of the common council or other body having charge of the finances thereof.

8. All acts and parts of acts inconsistent herewith Repealer. are hereby repealed.

9. This act shall take effect immediately. Approved March 14, 1905.

CHAPTER 34.

An Act to amend an act entitled "An act to provide for assistant prosecutors in the several counties of this state," approved April third, nineteen hundred and two.

Be it enacted by the Senate and General Assembly

of the State of New Jersey:

amended.

I. Sections two, three and four of the act to which Sections this is an amendment be and the same are hereby amended so as to read as follows:

cutor.

2. In counties which now have or hereafter may when paid have a population of not more than eighty thousand by proseinhabitants the services of such assistant prosecutor shall be paid for by the prosecutor of the pleas making

When salaried, paid

by county.

How and when paid.

the appointment out of the salary or fees of such prosecutor of the pleas.

3. In counties which now have or hereafter may have a population of more than eighty thousand and not more than ninety-five thousand inhabitants, the assistant prosecutor shall receive an annual salary of one thousand five hundred dollars; in counties which now have or hereafter may have a population of more than one hundred thousand and not more than one hundred and fifty thousand inhabitants, the assistant prosecutor shall receive an annual salary of two thousand five hundred dollars; in counties which now have or hereafter may have a population of more than one hundred and fifty thousand and not more than two hundred thousand inhabitants, the assistant prosecutor shall receive an annual salary of three thousand dollars; and in counties which now have or hereafter may have a population of more than two hundred thousand inhabitants, the assistant prosecutor shall receive an annual salary of five thousand dollars.

4. The county collector of each county which now has or hereafter may have a population of more than eighty thousand inhabitants shall pay to the assistant prosecutor appointed for such county his salary, as hereinbefore provided, in equal monthly installments out of the funds of such county, and such salary shaH be in addition to the salary, fees and allowances received by the prosecutor of the pleas of such county. 2. This act shall take effect immediately. Passed March 15, 1905.

Corporate

name.

CHAPTER 35.

An Act to incorporate the borough of Highland Park, in the county of Middlesex.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

I. The inhabitants of that portion of the township of Raritan, in the county of Middlesex and state of

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