In case of

tenant paying assessment.

tender pay

ment.

any other assessments and taxes, shall be held by a tenant for life or years, and such tenant shall pay such assessments or taxes, or the same may be made by a sale of his interest in said lands, said tenant or tenants, in his or their legal representatives, shall, at the termination of his or their estate, be repaid such principal sum, as well as the appraised value of all improvements made thereon by said tenant, by the reversioner, his heirs or assigns, and shall have a lien upon said lands for the same, and may, by bill in chancery, have said lands sold to pay such lien, and the proceedings thereon in the court of chancery, except the allegations in the bill, shall be the same as if said reversioner had given a mortgage on said lands, and said bill was filed for the foreclosure thereof, and such lien shall have a priority over all other incumbrance.

Treasurer to 63. And be it enacted, That upon completing the report aforesaid of the commissioners of assessments, assessing the value of lands so taken, and the damages thereby, the city treasurer shall tender and pay to the owner of said lands, if a resident of said city, the amount of such assessment due him, but if such owner is not a resident of the said city, or if upon enquiry he cannot be found therein, or is a lunatic or idiot, or if, for any other lawful cause he is incapacitated to receive the same, or if said owner will not accept the same and sign a proper receipt therefor when tendered, then the treasurer shall make affidavit of such facts and file the same with the city clerk, and the council shall, after inquiring into the facts of the case, by resolution, direct the amount of such assessment to be placed either in the city treasury or some bank for the use of the person to whom it may be due, and upon filing such receipt of the owner, or the passing of such resolution by said council the said lands shall be vested in the said city of Perth Amboy, and the city officers may proceed with such improvement, and the said moneys so deposited shall be paid over by proper warrant to the person entitled thereto on demand, without interest, except from such time as a demand therefor may be made and payment refused.

Repairing the

streets.

64. And be it enacted, That the council may by resolution passed at any meeting, direct any cross-walk to be laid or any repairs in the carriage ways or cross-walks of any street, road or avenue, within said city, whenever they shall deem such repairs necessary, in cases where such repairs or improvements are not applied for in the manner prescribed by

this title; such repairs shall be made by contract or otherwise, as said council may direct, shall be superintended by the commissioner of streets, and shall be paid for by said council, upon their approval of the work, out of moneys raised by tax for repairs of streets, and that all repairs of sidewalks and curbs and gutters shall be made by the owner or owners of the lands in front of which said repairs are necessary, upon the written notice of the commissioner of streets; and if said owner or owners shall be non-residents of said city, it shall be sufficient for the commissioner of streets to post such notice upon or near the lot or lots in front of which the sidewalk and curb and gutter may require to be repaired or relaid, and if the same shall not be repaired within twenty days from the serving or posting of said notice, then it shall be lawful for the said council by resolution, to direct the commissioner of streets to cause the same to be made; the costs and expenses for repairing and relaying, as aforesaid, shall be assessed by the commissioners of assessment upon the lands directly in front of which such repairs shall be made, and shall remain a lien thereon, and shall be collected as prescribed by this act for the collection of assessments for improvements.

streets.

65. And be it enacted, That the grade of any street, road Changing the or avenue, when established as provided in this act, shall be grade of and remain the permanent grade thereof, and shall not be changed or altered except upon the application to said council by the owners of at least three-fourths of the land to be affected thereby, nor without paying to the owners of any buildings where damages are sustained by the alteration of such grade, the amount of the damage which shall be ascertained and determined by the commissioners of assessment making such assessment; and the cost and expenses of es tablishing and authenticating such grade shall be assessed upon the lands of those applying for said change, and the same shall be and remain a lien thereon, and the payment thereof enforced in the same manner and to the extent as other assessments in this act provide.

66. And be it enacted, That when any sewer or drain here- Private sewers tofore constructed in said city by individuals, at their own expense, shall be adopted by the council as a continuation or receiving sewer of or for any sewer or drain to be constructed under their direction, then the owner or owners of the land

Streets used by railroads.

Petitions may embrace seve

ments.

fronting on such sewer or drain heretofore made shall not be assessed for the same.

67. And be it enacted, That the council are hereby empowered to cause all or any of the improvements authorized by this act to be made in any of the streets, roads or avenues, whether the same is used as a railroad or otherwise (except so far as such improvements may interfere with the corporate rights of such railroad), in and upon all streets, roads or avenues, that have been or shall hereafter be dedicated to public use, whether they have been actually opened to the public travel or not, and any or all of the said improvements may be made in a part of any such street, road or avenue in said city; and the said council shall have power to regulate the position and construction of all railroads to be laid in any street, road or avenue of said city.

68. And be it enacted, That the petition filed praying for ral improve any improvement contemplated by this act, may embrace any number of improvements upon the same street, road or avenue, or proposed street, road or avenue, but the commissioners of assessment shall return a distinct map and report for each of said improvements embraced in said petition or ordinance.

Owners allow

ed to do work on improvements.

Assessments

by bonds

69. And be it enacted, That in all cases where streets or avenues are ordered to be opened, graded or paved, or where sidewalks are ordered to be made, the owners of property on the line thereof may open and grade and pave, or iay sidewalks and set curbstones and gutters at their own expense, but in the manner directed by the council; provided, they do the same within a reasonable time to be fixed by said council, otherwise said improvement shall be done by the city in the manner provided in this act, and the commissioners of assessment shall allow, in the final assessment, for the work done by said owners.

70. And be it enacted, That in every case in which an asmay be paid sessment is made for a public improvement, the parties assessed may, within the time provided for the payment of the same, and in lieu of a cash payment, deliver to the city collector a bond, payable to the city treasurer, entered into by the owner or owners of the property assessed, conditioned for the payment of such assessment in five years from the date of the confirmation thereof, by paying twenty per centum of the amount of said assessment in each and every year, with interest upon the amount of said assessment, or such part thereof as may remain unpaid, at the rate of eight per centum

per annum, payable 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 said five years; or in case any installment or interest shall not be paid according to the condition thereof, then the said land and real estate may be sold in the manner provided in this act for the sale of lands for taxes and assessments, for the amount of such assessment, or such part thereof as may remain unpaid, with interest, costs and expenses; and the amount due on such bond shall be placed to the credit of said city, or be paid by the city treasurer to the assignee or holder of said bond, or to the legal representative of said assignee or holder; and in all cases where the council are authorized to make or levy an assessment for any improvement heretofore made, or hereafter to be made, under this act, they shall be authorized to borrow the amount of said assessment, or any portion thereof, in anticipation of the collection of said assessment, to be expended only in payment of such improvements, or loans for the payment thereof; and for that purpose to issue the bonds of the city, to be called "Assessment Bonds of the City of Perth Amboy," payable in six years from the date thereof, with interest at the rate of not to exceed seven per centum per annum; and said city may sell these bonds at public or private sale, at not less than the par value thereof, or borrow money on the pledge of the same; provided, that the assess- Proviso. ment bonds of the property owners aforesaid, shall be held by the city as specially pledged for the payment of the city bonds issued as above authorized; and in case said assessment bonds should be paid in faster than the city bonds mature, the council shall direct the city treasurer to purchase city bonds with the proceeds at such prices as they may determine.

TITLE VII.

OF COMMISSIONERS TO MAP STREETS.

Assessment

bonds.

locating streets.

71. And be it enacted, That it shall be lawful for the Permanently mayor and council, by ordinance, to appoint a commission for long the purpose of designating, by map or maps, the proper location of all streets, roads and avenues to be hereafter laid out in said city, upon lands which have not been laid out in city lots and dedicated to the public use; and said map or maps when made and completed as aforesaid, and adopted

Report and map to be filed.

Final adop

tion of the re port.

Acts of coun

cil to remain in force.

and confirmed by the mayor and council, shall be and remain the established and proper location of all such streets as are described in said map or maps, and not elsewhere; the said commission shall consist of four residents and freeholders of said city and a city surveyor, who shall severally be duly sworn and affirmed; and it shall be the duty of such commission to make a survey and locate streets upon the lands above mentioned, according to their best judgment and ability, and for the best interests of said city, for the purpose of establishing greater regularity and uniformity in the location and course of all the streets in said city; and cause a map to be made and a report to be made of the same; said report and map shall be filed with the city clerk within such reasonable time as the council may designate by the ordinance creating said commission, or by resolution; whereupon the city clerk shall, within ten days, cause the same to be advertised in a newspaper published in said city, or if no newspaper be published in said city, then in a newspaper published in said county of Middlesex, and circulated generally in said city, and cause twenty-five notices to be posted throughout said city, in which notice a time and place must be designated when and where the council will meet to hear all parties interested, verbally or in writing, why said report and map or maps shall not be confirmed and established as the location of all such streets to be opened.

72. And be it enacted, That when the mayor and council accept, adopt and confirm such report, and map or maps, as in the last section provided, then all such streets shall be considered as finally located, and when opened thereafter for public use they shall be opened in conformity with said survey and map or maps, and not otherwise, the same as if they had been dedicated upon application or otherwise, by the owners of such real estate; and the costs and expenses of the proceedings herein provided for shall be paid out of the fund raised for the contingent expenses of said city.

TITLE VIII.

MISCELLANEOUS PROVISIONS.

73. And be it enacted, That all acts of the council of the city of Perth Amboy that may be in force when this act shall go into effect, so far as is not inconsistent with this act, shall