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vided, that in case of the absence or disability of the mayor, or a vacancy in that office, or his neglect or refusal to act in the premises, but not otherwise, the said list of delinquents shall be returned by the collector to any justice of the peace, to be proceeded in as heretofore.

8. And be it enacted, That the common council of said Town prison, town shall have power and authority to build and maintain a town prison, to be properly and securely made for the detention and imprisonment of any person or persons who shall be arrested or committed for any breach of the by-laws or ordinances of the said town, or for any breach of the peace, or any offence against the laws of this state, committed within the corporate limits of the said town; and every warrant or process of commitment shall specify on its face whether the person committed shall be confined in such town prison or in the jail of the county of Warren.

9. And be it enacted, That this act shall be a public act, Part of former and shall take effect immediately, and that so much of the act repealed. said act entitled "An act to incorporate the town of Belvi

dere," as conflicts with the provisions of this act, be and the same is hereby repealed.

Approved March 17, 1860.

Salary of keep

er of state prison

CHAPTER CXLV.

A further supplement to the act entitled "An act to provide for the support of the government of this state and to fix the salaries of public officers," approved April fourth, eighteen hundred and forty-five.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the keeper of the state prison shall receive the annual salary of eighteen hundred dollars. 2. And be it enacted, That this act shall take effect immediately.

Approved March 17, 1860

Public square.

CHAPTER CXLVI.

A further supplement to the act entitled "An act to incorporate the city of Rahway," approved March twelfth, eighteen hundred and fifty-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the common council of the city of Rahway, at any time hereafter, to

contract for, purchase, take and receive sufficient title therefor of so much land or lands lying within said city as said common council may deem proper, to be held forever as a public square or squares under such regulations as the said common council shall from time to time approve, and said square or squares to enclose with a suitable fence or fences, to grade, plant with trees and shrubbery, lay out in walks and otherwise improve the same.

council to ap

commis

grounds, &c.

2. And be it enacted That at the first stated meeting of Mayor and said mayor and common council in the month of May, eigh-one corpbteen hundred and sixty, and annually thereafter, it shall be the duty of said mayor and common council to appoint three disinterested freeholders of said city, residing in different wards, commissioners, to be called commissioners of public grounds and sewerage, who shall hold their respective offices for the term of one year, and until their successors are chosen, for the purpose of carrying into effect the provisions of this act, and such ordinances as the mayor and common council may from time to time pass in relation to the public grounds of said city, and in relation to the constructing and building sewers and drains in the public streets and alleyways of said city; and said commissioners shall have authority to purchase suitable grounds for a public square or squares, and to lay out and grade streets and avenues in and adjoining said public squares and otherwise improve the same in such manner as they may deem necessary and as the common council may

order and direct.

costs of open

park, &c.

3. And be it enacted, That in order to provide for the pay-Assessment of ment of the costs, damages and expenses of purchasing, lay- ing public ing out and opening any public park or parks, square or squares within said city, said commissioners shall ascertain the whole amount of such costs, damages and expenses, and report the same to the common council, who shall thereupon order said commissioners to make a just and equitable assessment thereof, either in whole or in part, upon the owners of all the lands and real estate benefited thereby, in proportion, as nearly as may be, to the advantages each shall be deemed

Payment of costs.

Commission

ers to take oath.

Commissioners to make report of assessments.

to acquire, and in case a part only of such amount shall be assessed upon such owners, then the balance of the whole amount of such costs, damages and expenses shall be assessed upon and paid by the city of Rahway.

4. And be it enacted, That in order to provide for the payment of the costs, damages and expenses of constructing any sewer or drain in any part of said city, said commissioners shall ascertain the whole amount of such costs, damages and expenses, and report the same to the common council, who shall thereupon order said commissioners to make a just and equitable assessment of two-thirds of such amount upon the owners of all lands and real estate intended to be benefited thereby, in proportion as nearly as may be, to the advantage each shall be deemed to acquire, the remaining one-third thereof to be assessed upon and paid by the city of Rahway.

5. And be it enacted, That the said commissioners, before they enter upon the execution of the duty required of them, shall take and subscribe an oath or affirmation before the mayor of said city to make the assessment, and perform the duties required of them by this act, fairly and impartially, according to the best of their skill and judgment.

6. And be it enacted, That the said commissioners shall make their report of the assessments so made as hereinbefore directed, in writing, and before proceeding to sign the same, shall place the said report in the office of the city clerk for examination by the parties interested therein, and shall give notice in the newspapers printed and published in the city of Rahway, which notice shall be published for two weeks successively, at least once in each week, that such report has been deposited as aforesaid, and also of the time and place, when and where the parties interested can be heard by the said commissioners; and after hearing the parties, the said commissioners shall proceed and complete the report, and sign the same, and return the said report with all objections in writing, which shall be presented and left with them by any of the parties interested, to the common council.

committee to

tions to report.

7. And be it enacted, That every certificate of assessment Meetings of made as aforesaid under the provisions of this act, and pre- hear objec sented to the common council, shall be referred by them to the proper committee for consideration; and in case of any objections in writing being returned with such report, the said committee shall publish a notice in the newspaper printed and published in said city of Rahway, which notice shall be published for two weeks, at least once in each week, to the parties interested, of the time and place when and where they will meet to hear them on the objections and report; the committee shall thereupon examine the matter and report to the common council, and return to them the said report of the said commissioners, with the objections of the parties, together with the views and opinions of the said committee respecting the same.

be ratified by common coun

8. And be it enacted, That the common council shall Certificates to thereupon examine the matter, and may correct said report c and assessment if they deem proper, and ratify the same; and every certificate of assessment which shall be duly ratified by the common council, shall be final and conclusive, or they may return such report and assessment to the said commissioners, who may have signed the same, and the like proceedings shall be had when the report is returned, as in the first instance.

office of com

9. And be it enacted, That in case of the death, disability, Vacancies in or resignation of one or more of the commissioners appointed missioner. under the provisions of this act, it shall be lawful for the common council to supply by appointment the vacancy or vacancies caused by such deaths, disability or resignation.

make abstract

10. And be it enacted, That whenever any certificate of Treasurer to assessment as aforesaid, shall be ratified by the common coun- or assessment. cil, 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 the newspapers printed and published in said city, which said notice shall be published for two weeks,

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