Proceedings when no

agreement can

tween compa

of land

lands; erect and maintain dams, construct roads, walks, and all all other works, and to do all other acts and things, which shall be suitable or necessary for forming and completing the lake, and other improvements contemplated by this act, compensation having first been made as herein provided

for.

7. And be it enacted, That if the association, or its agents, cannot agree with the owner or owners of such required be made be-lands, for the use, or purchase thereof, or if by reason of the ny and owners legal incapacity or absence of such owner or owners, no such agreement can be made, the association shall give notice to the persons interested, if known, and in this state, or if unknown, or out of this state by publication in at least one of the daily newspapers published in the city of Elizabeth, that they intend to make application to one of the judges of the court of common pleas, in said county, on a day and at a place to be named in said notice, and not less than twenty days from the date of service or publication, thereof, for the appointment of three commissioners, and on the said day, and at the place named in said notice, the said judge shall make said appointment, of three commissioners under his hand and seal, and it shall be the duty of said commissioners (having first taken an oath or affirmation before some person authorized to administer the same, faithfully and impartially, to examine the matter in question and make a true report according to the best of their skill and understanding) and to meet at such time and place as they shall designate, giving at least fifteen days notice of their meeting, and on the day so appointed or on some subsequent day or days to which they may adjourn, to proceed to view and examine the said lands and make a just and equitable estimate of the value of the same, and the said commissioners shall report in writing the whole amount which the said association must pay to each owner, stating in said report the metes and bounds of the lands assessed, which said report the association shall file, in the office of the county clerk of said county of Union, and cause the same to be there recorded, and a copy thereof certified by the clerk of said county, shall at all times after making the payment hereinafter mentioned, be considered as plenary evidence of the right of said association to have, hold, use occupy, possess and enjoy the lands so described, in fee or otherwise; and it shall be the duty of said association to pay to the said owner or owners the amount assessed

as aforesaid, or in case the said owner or owners refuse to receive the same, or are incapacitated by law to receive the same, then said sum shall be delivered to the clerk of said county, to be by him retained for such owner, under the order and direction of the court of common pleas of said county, and upon making payment in either of the ways above stated, the title of the premises mentioned in said award and so paid for, shall be vested in said association.

peal.

8. And be it enacted, That if the said owners or any of Proceedings them are dissatisfied with the report of the commissioners in case of apnamed in the preceding section, the said party so dissatisfied may appeal to the circuit court of said county at the term next succeeding the filing and recording of such award; whereupon the said court shall proceed to hear and determine the whole matter in the same manner as if such owner had summoned said association to appear before said court; and if the jury, upon the trial of the cause, shall find a greater sum than the commissioners have awarded, or the association offered, in favor of said owner or owners, then judgment thereon with costs shall be entered against the association, which shall constitute a lien upon the property of the association, which said lien shall have priority over any other incumbrance which said association have given, but if said jury shall find the same or less amount than the company shall have offered, or the said commissioners awarded, then the person appealing shall pay the costs in such manner as the court shall direct.

hire grounds,

&c.

9. And be it enacted, That said association are hereby May sell ice, authorized and empowered to collect and receive a revenue from the sale of ice taken from the said lake, and by the hiring of the grounds so leased or purchased as aforesaid, for boating, fishing, skating, pic-nics, drives, and the general cccupation thereof as a grove; and shall have the right to construct, keep and maintain such water power, mills, reservoirs, fixtures and apparatus as may be useful or necessary, and supply the neighborhood with good and wholesome water from said lake, for domestic and other purposes, and to make contracts with persons and corporations, for the preservation, supply and use of said water, and to erect, construct, and maintain all works necessary for that purpose.

and hold real

10. And be it enacted, That the said association shall be May purchase allowed to purchase or lease, and to hold such real estate, in manner aforesaid, and shall also be allowed to purchase and

estate.

hold such personal estate as may be necessary for the purpose of said association.

11. And be it enacted, That this act shall take effect immediately, and continue in force for forty-nine years. Approved March 8, 1870.

Meetings of

committee.

CHAPTER CXCIX.

A Further Supplement to the act entitled "An Act to create from parts of the town of Orange and the townships of Caldwell and Livingston, in the county of Essex, a new township, to be called the township of Fairmount," approved anno domini, eighteen hundred and sixty-two.

TITLE I.

THE TOWNSHIP COMMITTEE.

1. BE IT ENACTED by the Senate and General Assembly of the township the State of New Jersey, That the township committee of the township of West Orange shall hold an annual meeting on the Saturday next after the second Monday in April in each year, and such other regular meetings as they may from time to time appoint, that special meetings shall be called by the chairman of the township committee at any time, either upon his own suggestion or upon the request of any three members, that they may adopt, alter and repeal by-laws for their own government; the township clerk (or in his absence such person as they appoint pro tempore) shall keep an accurate record of Ordinances. all their proceedings; that no ordinance shall be passed until it shall have been presented and read at a previous meeting; that each and every ordinance so passed as aforesaid shall be published in one of the newspapers published in the town of Orange, and that the enacting clause of such ordinances shall be in the words "Be it ordained by the Township Committee of the Township of West Orange.'

of assessor

2. And be it enacted, That the township committee of the Compensation township of West Orange shall have authority to pay out of and collector. the fund raised for incidental expenses in said township, such compensation to the assessor and collector of said township, as in the judgment of the said township committee shall be deemed a fair remuneration for the services to be performed by said officers.

pointed

3. And be it enacted, That the township committee shall at Officers aptheir discretion and from time to time appoint and remove a poundkeeper or keepers, a town counsel, a street commissioner, and shall appoint one of their own number to be a town treasurer, and three commissioners of assessment, and such other officers and agents as they shall think necessary for the governing of the township, and the carrying into effect the powers and duties imposed upon them by this act; and that every person so appointed shall be a resident and legal voter of the township, and shall continue in his office until the same shall be declared vacant, or until another person shall be appointed to succeed him therein, and shall enter upon the duties thereof.

of officers.

4. And be it enacted, That all the officers mentioned in this Compensation act, and whose pay is not therein specifically provided for, shall be entitled to receive such compensation for their services, in addition to the fees allowed them by any general law of this state, as may be from time to time fixed and determined by the township committee.

ers shall take

oath.

5. And be it enacted, That every commissioner of assess- Commissionments appointed or elected under this act shall, before entering upon the duties of his office, take and subscribe an oath or affirmation before the town clerk, or a justice of the peace (who are hereby authorized to administer the same) faithfully and impartially to execute the trust reposed in him, to the best of his ability and understanding, and that all the said oaths or affirmations shall be filed in the office of the town clerk.

Township of

6. And be it enacted, That the collector of taxes, street commissioner, overseer of the poor, constables and treasurer ficers' bonds. of the township, as well as other officers of the township, of whom it may be required by the township committee, shall before entering upon the duties of their respective offices, severally make and execute their bonds to the said "The Inhabitants of the Township of West Orange," for the true and faithful performanee of their said duties, in such forms, and

Office vacated, by what means.

May pass or dinances.

To lay out streets, construct sewers,

&c.

To grade streets.

To alter grade

To establish

for such sums, and with such sufficient freehold securities as the said township committee shall direct and require, and that in the case of constables, such bonds shall conform as closely as may be to the form prescribed in the first section of the act entitled "An Act respecting constables," and that such bonds when approved by the township committee shall be filed in the office of the township clerk, and may be sued upon and prosecuted in the same manner, as nearly as circumstances will admit, as the bonds of like officers are or may be under any other law or laws of this state.

7. And be it enacted, That if any person so elected or ap. pointed to any such office shall not qualify as aforesaid within ten days after said canvass of such election, or after said appointment by the township committee, his office shall be deemed and taken to be vacant.

8. And be it enacted, That the township committee of the township of West Orange shall have power to pass, alter and repeal, from time to time, any and all such ordinances as they shall think proper for any or all of the following purposes, to wit:

I. To lay out and open any street, highway or alley within. the township; to order and cause to be constructed any sewer or drain, whether open or covered, for the drainage of any street or public place; to order and cause any street, highway or alley already laid out, or which may be hereafter laid out, or any part or parts thereof to be vacated, abandoned, straightened, altered or widened, and to take and appropriate, for any such purposes, any lands and real estate upon making compensation to the owner or owners thereof, by the payment of damages as is hereinafter mentioned and provided; II. To order and cause any street, highway or alley, or any part or parts thereof to be graded, gravelled, paved, macadamized or otherwise improved, as to them may seem advisable;

III. To alter the grade of any street or highway, or of any part or parts thereof, upon the payment of damages to the owner or owners of any lands and real estate on the line thereof that may be damaged thereby;

IV. To ascertain and establish the boundaries of all streets,

boundaries. highways and alleys in said township, and to prevent and remove all encroachments that may have been or may be made thereon;

V. To regulate, clean and keep in repair all streets, high