Land owners authorized to

walks.

CHAPTER XCIX.

AN ACT to authorize the inhabitants of the village of Carlstadt, in the county of Bergen, to improve the sidewalks of the streets of said village.

1. BE IT ENACTED by the Senate and General Assembly of improve side the State of New Jersey, That it shall be lawful for the land owners on the respective streets of the village of Carlstadt, in the county of Bergen, as laid down on a map entitled "map of the new village of the German Democratic Land Association at Carlstadt," and filed in the clerk's office of the county of Bergen, January twenty-seventh, Anno Domini eighteen hundred and fifty-five, to improve the side walks of said streets by grading and paving the same, and that it may be done as is hereinafter provided.

Election of superintendent of streets.

Grading and paving of sidewalks by own

ers

2. And be it enacted, That there shall be an election by said land owners held, of which ten days previous notice shall be given by any two of them, and put up at three public places in said village, designating the time, place and purpose of such election; and said land owners, or such as may attend, shall, by a majority of votes, elect (viva voce) some suitable person, being a land owner, as aforesaid, who shall be called the village superintendent of streets, and three judicious persons, also land owners as aforesaid, commissioners of assessments; said land owners, when so assembled as aforesaid, shall choose a chairman and secretary to conduct such election, receive and count the votes; and their certificate of the election of the person to the offices aforesaid, shall be evidence thereof.

3. And be it enacted, That whenever the persons owning land on any street in said village, shall determine by a majority of votes, (each land owner to be entitled to one vote for every fifty feet of land, running measure, owned by him

or her on such street, and each land owner to be entitled to one vote at least,) to grade and pave the side walks of such streets, the same shall thereafter be subject to the provisions of this act; and said superintendent and commissioners, upon being notified of such determination, shall proceed to have such sidewalks graded and paved as is hereinafter provided; any land owner on such street may call a meeting of land owners, under this section, by a written notice put up in three public places in said village, five days previous to the day of meeting, and designating the time, place and object of such meeting; and said land owners, when assembled, shall choose a chairman and secretary, who shall determine the number of votes to which each land owner is entitled, receive orally, and count the votes; and their certificate of such determination shall be evidence thereof.

ing and grad

ing to be as

sessed.

4. And be it enacted, That said commissioners, upon being costs of pavnotified of such determination, as aforesaid, or any two of them, shall make an estimate of the probable cost of grading and paving the sidewalks of such streets where they cross other streets, and other expenses incurred under this act, except the cost of paving in front of each owner's land, and shall apportion the amount among the said land owners in proportion to the number of feet of land, running measure, each land owner owns on such street; and the amount so assessed against such land owners, shall be paid to said commissioners within sixty days after written demand thereof shall have been made by said commissioners; and in case of neglect or refusal, said commissioners shall make out a list of delinquents and place the same in the hands of a justice of the peace of the township of Lodi, who shall issue a precept in the nature of a tax warrant, directed to a constable of said township, who shall proceed to collect the amount due from each delinquent land owner, in the same manner as township and county taxes are authorized to be collected by the act entitled "An act concerning taxes;" provided, that before the said warrant shall issue, such justice of the peace shall be satisfied by the oath of one of said commissioners, that the

Proviso.

Superintendent to cause

be graded and paved.

amount so claimed against any land owner is justly due and unpaid, and that the same hath been demanded as required by this act.

5. And be it enacted, That as soon as said assessments sidewalks to shall be made, the said superintendent shall cause the side walks of such street to be graded; shall pave the side walks where they cross other streets, with such materials and of such width as he shall deem proper; shall procure all necessary materials for the doing thereof; shall make all necessary drains, culverts and other passages for water; and the expenses thereof shall be paid by said commissioners out of the moneys in their hands collected for that purpose.

Land owners

to pave side

of their pro

perty.

6. And be it enacted, That each land owner shall, at his or walks in front her own cost, pave not less than four feet wide, with a gradual slope towards the street, with good dressed flagging, or hard, merchantable brick, the side walks in front of his lands, and shall conform to the grade established by said superintendent, under whose direction the work shall be done.

Proceedings in case land own

pave.

7. And be it enacted, That if any land owner shall neglect ers neglect to or refuse to pave the side walks in front of his land aforesaid, within three months after he or she shall be notified by said superintendent to do so, the said superintendent shall proceed to have the same done; and he shall recover in his own name the expenses thereof, which shall include the cost of materials, carting and labor, from such land owner, in an action of debt, before any court having cognizance thereof; and the declaration in any such action may be general, stating that the demand is for so much money paid, laid out and expended in paving the side walks in front of his or her land, by virtue of this act, and that the special matters may be given in evidence under it.

Sidewalks to be kept in repair.

8. And be it enacted, That after the said side walks shall be graded and paved as aforesaid, each land-owner shall thereafter keep the same in good and sufficient repair in front of his or her lands; and in case of neglect or refusal, said superintendent shall cause the same to be so kept, and the expenses thereof shall be by him recovered against such land

owner so refusing or neglecting, in the manner provided in the next preceding section of this act.

ers to make statements of money re

9. And be it enacted, That said commissioners shall render commissionto the land owners on the line of each street respectively, full and detailed statements of all moneys by them collected ceived. and expended by virtue of the provisions of this act; and any three land owners may call a general meeting of land owners to have such statement made, by giving five days previous notice of the time, place and object of meeting, in three public places in said village, and also by giving like notice to said commissioners, either personally or by leaving a copy at their usual places of abode, to attend such meeting, and render such statement; and in case any commissioner shall neglect or refuse to attend and render such statement, he shall forfeit and pay ten dollars, to be recovered in an action of debt by any such land owner who will sue for the same; and the amount so recovered shall be applied for the purposes mentioned in the fourth section of this act.

how collected

10. And be it enacted, That assessments may be made Assessments, from time to time, as is provided in the fourth section of this and paid. act, for the purpose of keeping said side walks, where they cross other streets, in sufficient repair; and that such assessments shall be collected and paid in the manner mentioned in said section.

be clear of

11. And be it enacted, That every land owner in front of Sidewalks to whose lands side walks shall be made in pursuance of this snow, &c. act, and every occupant of such lands shall, at all seasons of the year, clear and remove from said side walks all snow, slush, ice or mud that may be thereon; and shall also, at all times, clear out and keep open for the free and easy passage and flow of water, the drains and gutters in front thereof; and if any such land owner or occupant shall neglect or refuse so to do for the space of six hours after being notified by the village superintendent of streets, the said superintendent shall have the same done, and the expense thereof may be recovered by him against such land owner or occu

Superintendent to keep certain

walks clear.

pant, in the manner directed in the seventh section of this

act.

12. And be it enacted, That it shall be the duty of said tions of side superintendent to clear and remove from the side walks made in pursuance of this act, where the same cross other streets, all snow, slush, ice and mud that may from time to time collect thereon, and shall also, at all times, clear out and keep open, for the free and easy passage and flow of water, the drains and gutter in front of, over and under the same, and assessments may be made from time to time for defraying the expenses thereof, as is mentioned in the fourth section of this act.

Penalty for

not removing

13. And be it enacted, That every person who shall ride obstructions. or drive a horse or team on any side walk made in pursuance of this act, except for the purpose of crossing the same when necessary so to do, and every person who shall place, or cause or permit to be placed on the same, any obstruction, and shall refuse or neglect to remove the same for the space of six hours after being notified by said superintendent so to do, shall forfeit and pay for each and every offence the sum of five dollars, to be sued for and recovered by the said superintendent, and the amount so recovered shall be expended for the purposes for which assessments are authorized to be made by this act.

Compensation of superintendent and commissioners.

Public act.

14. And be it enacted, That said superintendent and commissioners shall hold their offices for one year, and until others shall be elected; and they shall each be entitled to receive one dollar per day for each day they shall respectively be engaged in the execution of their offices under this

act.

15. And be it enacted, That this act shall take effect immediately, and be a public act.

Approved March 12, 1860.