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CHAPTER XXXVII.

A Supplement to an act entitled "An Act to incorporate the Sweedesboro Railroad Company," approved February twenty-third, eighteen hundred and sixty-six.

1. BE IT ENACTED by the Senate and General Assembly of Repeater. the State of New Jersey, That the proviso to the tenth section of the act to which this is a supplement, be and the same is hereby repealed.

2. And be it enacted, That this act shall take effect immediately.

Approved February 20, 1868.

CHAPTER XXXVIII.

A Supplement to the act entitled "An Act to incorporate the Vineland Railway Company," approved April ninth, eighteen hundred and sixty seven.

tain points.

1. BE IT ENACTED by the Senate and General Assembly of Authorized to the State of New Jersey, That the Vineland Railway Com-between cer pany are hereby authorized to build their railroad from a point at or near the corner of Post road and Lincoln avenue in Vineland, to a point forming a junction with any railroad, at or near either Pemberton or Vincentown, in Burlington county, subject to the same restrictions, terms and liabilities as the act to which this is a supplement.

ers shall assess

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2. And be it enacted, That the commissioners appointed as commissionprovided in the act to which this is a supplement, to examine has and appraise the land or materials, and to assess the damages ages. which may be sustained in consequence of the construction of the said Vineland Railway, shall take into consideration all the benefits to be derived from or in consequence of the said railroad to the owner or owners, and make a just and equitable estimate or appraisement of the value of the same, and assess

ments of damages to be paid by the company for such lands or materials and damages aforesaid.

3. And be it enacted, That this act shall take effect immediately.

Approved February 20, 1868.

Power to en

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quent taxes

CHAPTER XXXIX.

An Act to facilitate the collection of taxes in the township of
Mullica, in the county of Atlantic.

1. BE IT ENACTED by the Senate and General Assembly of tion of delin- the State of New Jersey, That the township committee of the township of Mullica, in the county of Atlantic, shall have power to enforce the collection of all delinquent taxes assessed on any real estate in said township during the year of our Lord one thousand eight hundred and sixty-seven, and thereafter, by exposing the same for sale, or so much thereof as may be sufficient to pay said taxes, and the costs thereon, at public vendue, to the person or persons who will take the least quantity of said land, to be laid out in one body, and to commence at some designated corner of the premises on which said delinquent taxes are claimed to be due; and in cases where the said committee may deem it for the interest of the township, they may authorize the treasurer of the township to appear at such sale, and bid on such lands as are offered for sale as aforesaid, in the name of the township; the lands so sold to him, if any, to be the property of said township.

Township col

lector must

of unpaid

taxes.

2. And be it enacted, That no land shall be sold by virtue make return of this act until the township collector shall have made a return to the township committee, that the taxes assessed on said lands are unpaid, and have by him been returned as delinquent, and shall verify the same by his affidavit attached thereto; and the collector neglecting or refusing to make such return and affidavit on or before the annual township meet for the election of officers, shall be liable to the township all of said unpaid and delinquent taxes not so returned.

3. And be it enacted, That within ten days after the said

consequent on

return by the collector of the township, the township commit- Proceedings tee shall cause a copy of said return to be recorded in the such return. clerk's office of said township, and a copy thereof to be posted in at least three public places in said township, one of said places to be at the place where the last election of said township was held, the same to be certified to and signed by the clerk of the township.

4. And be it enacted, That if any of said delinquents, at any time before the expiration of twenty days after the first posting of said notices, shall appear before said clerk, and pay said delinquent taxes and the costs, together with the additional sum of fifty cents as registry fee for said clerk, then, in such case, the clerk shall receive the same in the name of the township committee, and give his receipt therefor; but in case such delinquents do not appear and make the said payment within the said twenty days, the township committee shall cause a certified copy of the said return and affidavit of the collector to be published in one or more newspapers published in said county, at least six weeks, specifying the time. and place where the same will be sold at public vendue as aforesaid, for the collection of said returned and delinquent

taxes.

tice may sell

5. And be it enacted, That on the day mentioned in said upon due nonotice, or on some adjourned day thereof, the chairman of the lands. said committee shall at the hour named in said notice, proceed to sell the several tracts or parcels of land returned and unpaid, and in the order so returned, at public vendue as aforesaid, to the person or persons who wiil take the least quantity of said premises so offered, and pay the amount of said delinquent taxes with the costs of advertising and sale.

and deliver

sale.

6. And be it enacted, That immediately after such sale the May execute township committee shall execute and deliver to such person certificate of or persons, who may become the purchasers of said lands, a certificate of such sale, describing the piece, or several pieces so sold, as the case may be, together with the amount paid for the same, entitling the holder thereof to a deed of the premises so sold; provided, that the owner or owners of said land Proviso. or lands, do not within six months from the date of said certificate, appear before the said committee and deposit with them for the purchaser of said land, the amount so paid by him, together with fifteen per cent. interest, in which case the said certificate shall be deemed to be canceled, and the amount

If not redeem

months a deed

delivered.

so received shall on demand, be paid to the party holding and owning such certificate.

7. And be it enacted, That if at the expiration of six ed within six months from the time of said sale, the owner or owners of any executed and land so sold does not appear to redeem said land as aforesaid, then the said township committee shall execute to the holders and owners of said certificate a deed of the premises described therein in their corporate name, the party receiving said deed to be at the expense of the revenue stamps and the aoknowledging of the same, and on the delivery of said deed, the sale shall be final, and the title to such lands pass irrevocably to the holders thereof

8. And be it enacted, That a majority of the said committee shall constitute a quorum for the purposes of this act, and may adjourn from time to time as they shall judge proper.

9. And be it enacted, That this act shall be deemed to be a public act, and shall take effect immediately. Approved February 20, 1868.

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lay out or

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CHAPTER XL.

A Further Supplement to the act entitled "An Act to revise and amend the charter of the city of Newark," approved March eleventh, eighteen hundred and fifty-seven.

1. BE IT ENACTED by the Senate and General Assembly of Ordinances to the State of New Jersey, That whenever the common council open streets, shall determine by ordinance to lay out or open any street, road, highway or alley, public park or square within said city, or to alter, widen or straighten any street, road, highway or alley, or to make any sewer or drain in any part of said city, and to take and appropriate for such purpose any land and real estate, it shall be lawful, and they may, if they deem best, immediately proceed to appoint five disinterested freeholders of the said city, residing in different wards, commissioners to make an estimate and assessment of the damages that any such owner or owners will sustain by taking and appropriating in the manner aforesaid, such lands and real

estate; and the awards of such commissioners shall be payable to said owner or owners at the expiration of six months from the date of the ratification of the same by the common council, unless the said common council sooner take possession of the said lands or real estate, in which case the said awards shall be payable from the date of such possession, and the interest on said awards shall commence at the expiration of the said six months from the date of the ratification, or in case the said common council sooner enters into possession, then from the date of such possession.

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2. And be it enacted, That whenever any assessment for Failure to asopening, paving or grading any street, alley or highway, or for improving the same, or for laying out any public park or square, or for the constructing any sewer or drain, is laid upon any land or real estate in the city of Newark, it shall be the duty of the city surveyor, in cases where the assessment is laid by him, or of the commissioners appointed to make such assessment, to use diligent efforts to ascertain the names of the owner or owners thereof, but the failure to so ascertain the names shall not be a bar to the collection of said assessment, but the assessment shall be a lien upon the said lands or real estate, as though the correct names of the said owners had been obtained.

proceedings.

3. And be it enacted, That all proceedings under the act Publication of to which this is a supplement, and under the various supplements thereto may, at the discretion of the common council, be published in two newspapers published in said city, in addition to the two now authorized, in which case one of the four shall be a paper published in the German language; and the expense of the same shall be added to the whole costs, damages and expenses of the improvement in respect to which such proceedings were taken; but nothing herein shall invalidate any ordinance or proceedings, nor shall the want of, or any defects or informalities in such publication, be construed to affect the legality of such ordinance or proceedings; provided, the publication is duly made in two newspapers of Proviso. said city, as now required by law; and when any officer of said city has neglected to sign any ordinance engrossed in the book provided for engrossed ordinances, or has failed to do so by reason of his office having expired before such ordi- sign ordinannance was engrossed, it shall be lawful for him to sign the same though not in office, and the same shall be as good and effectual in law as if signed by him while in office, which

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ces, how rem edied.

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