the damages sustained; and if they shall find a greater sum than the commissioners have awarded in favor of said owner or owners, then judgment thereon, with costs, shall be entered against said city, and execution awarded therefor; but if the said jury shall be applied for by the owner or owners, and shall find a less sum than the said commissioners shall have awarded, then said costs to be paid by said applicant or applicants, and either deducted out of said sum found by the said jury or execution awarded therefor, as the said court shall direct; but such application shall not prevent the said city from taking said land and real estate upon the filing the report of said commissioners. when owners &c. 36. And be it enacted, That it shall and may be lawful for Proceedings said council to make and establish ordinances and regulations neglect to for the paving, macadamizing, graveling and guttering the have streets, streets, avenues and roads of said city, by the owners of lots fronting on said streets, and to prescribe the manner in which the same shall be done; and in case any owner or owners of lot or lots fronting on any street which may be ordered by council to be paved, macadamized, graveled or guttered, shall fail to comply with the requirements of any ordinance or regulation of council for such purpose, and shall fail or neglect to pave, macadamize, gravel or gutter that portion of said street, avenue or road lying and being in front of his, her or their lot or lots, for the space of two months after the same shall be ordered to be done, then it shall be lawful for the said council to cause the same to be done and paid for out of any moneys in the hands of the treasurer of said city; and the amount so paid and expended for the paving, macada mizing, graveling or guttering in front of any such lot or lots, shall be and remain a lien on said lot or lots from the time of the completion of such work until paid or otherwise satisfied; and the said council may, in the name of the treasurer of said city, for the use of said city, sue for and recover the amount so paid and expended, together with interest and costs, from the owner or owners of such lot or lots, or his, her or their legal representatives, in an action of debt, in any court having jurisdiction; provided, that whenever any street, Proviso. avenue or road shall be paved, macadamized, graveled or guttered, either in whole or in part, by the owner or owners of lots on said street, avenue or road, the same shall thereafter be maintained and kept in repair at the cost and expense of said city. Streets to be paved. Proviso. Proviso Expenses of grading and 37. And be it enacted, That it shall and may be lawful for said council to make and establish ordinances and regulations for the grading, paving, curbing, flagging, graveling or planking of any sidewalk in any street or streets, or part of a street, in said city, by the owners or occupants of lots fronting on or adjoining such street or streets, or part of a street, and to prescribe the manner in which and the material with which the same shall be done; provided, that whenever there shall be in said city farm land and unimproved lots and enclosures, other than building lots, having a continuous frontage of four hundred feet or more on any such street or streets, or part of a street, the said council may, by ordinance, provide that one-fourth of said sidewalk shall be graded, paved, curbed, flagged, graveled or planked at the expense of said city; provided further, that said sidewalk shall thereafter be kept in repair at the owner's expense. 38. And be it enacted, That if any owner or owners, or ocpaving streets Cupant of any lot or lots in front whereof the sidewalks shall to be a lien. by such ordinance be directed to be graded, paved, curbed, flagged, graveled or planked, shall refuse, neglect or fail to comply with the requirements of such ordinances or regulation within two months from the passage thereof, it shall be lawful for the said council to cause the same to be done and paid for out of any moneys in the hands of the treasurer of said city; and the amount so paid and expended as aforesaid for the grading, paving, curbing, flagging, graveling or planking of any sidewalk in front of lot or lots, shall be and remain a lien on said lot or lots from the time of the completion of such work, until paid or otherwise satisfied; and the said council may, in the name of the treasurer of the said city, for the use of said city, sue for and recover the amount so paid and expended, together with the interest and costs, from the owner or owners of such lot or lots, his or their legal representatives, in an action of debt, in any court of this state having jurisdiction; provided however, that no owner or owners or occupant of any lot or lots shall be compelled to grade, curb or pave more than forty consecutive feet of the said walk fronting on such lot in any one year. Proviso. City to be proportion of 39. And be it enacted, That the said city of Woodbury subject to its shall be subject to its just and equitable proportion of all all debts and debts and liabilities to which the inhabitants of the township of Deptford, in the county of Gloucester are subject, at the time this act shall take effect, and be entitled to its just and liabilities. equitable proportion of the money and other property be longing to the inhabitants of said township at the time aforesaid, which said debts and liabilities, and also said money and property shall be divided between the said city of Woodbury and the said township of Deptford in proportion to the taxable property and ratables, as taxed by the assessor of said township at the last assessment, made before this act takes effect, within the respective limits of said township, and said city as established by this act; and any money or property to which the said city may be so entitled, shall be applied by the council of said city to the use of said city. be appointed and township bilities. 40. And be it enacted, That three members of the town- Committee to ship committee of said township of Deptford, and a commit- to allot and tee of three of the council of said city of Woodbury, to be divide city selected by said council, shall meet on the first Monday in assets and liaApril, in the year eighteen hundred and seventy-one, at the court house, in Woodbury, at ten o'clock in the forenoon of said day, and shall then and there or as soon thereafter as may be, proceed to allot and divide between the said township and said city the assets and liabilities of said township in the manner prescribed in the preceding section, and the said township of Deptford, and the said city of Woodbury shall be liable to pay their respective proportions of the debts due by the said township of Deptford at the time this act shall go into effect, as alloted and divided as aforesaid and the said committee or a majority of each of them, shall make under their hands and seals, a full, true and complete report of their proceedings, and file the same forthwith in the office of the clerk of the county of Gloucester, which said report, or a certified copy thereof, shall be plenary evidence of the allotment and division aforesaid; and in case any of the members of said committees shall neglect or refuse to meet as aforesaid, those who do meet may proceed to make said allotment and division, and the decision and report of a majority of each committee present shall be final and conclusive; provided, that it proviso. shall be lawful for said joint committee to adjourn from time to time as a majority shall determine. 41. And be it enacted, That the said city of Woodbury shall Election disconstitute the first election district of the township of Dept. trict. ford, and that part of the township outside of the boundaries. of said city shall constitute the second election district of said towwnship of Deptford, but that it shall and may be lawful for the inhabitants of said second election district of said Proviso. Proviso. Woodbury Fire Association may perty to city. township to hold their town meetings and elections at any place within the said city of Woodbury, as they shall from time to time order and direct; provided, that the part of the township of Deptford outside of the boundaries of said city shall pay no part of the expenses incurred by the city government, nor shall said city pay any part of the expenses of said township incurred after this act shall take effect, except the payment of damages to sheep, as provided for in article ten, section twenty-four of this act; provided further, that the inhabitants of the said city constituting the first election district shall not participate in the town meetings of the said township of Deptford. 42. And be it enacted, That it shall and may be lawful for the said city to receive from the Woodbury Fire Association transter pro all the property of said association, whenever the said association, at a meeting called for the purpose, shall determine, by a majority of its members present, to transfer such property, and upon such transfer being made and acceptance by the council of said city, all the debts and liabilities of said association shall be assumed, and the same be paid and satisfied by said city. Keeper of the county jail to receive and keep offenders No person an incompetent son of being 43. And be it enacted, That the keeper of the jail of the county of Gloucester shall receive and safely keep all such offenders as shall be committed to the said jail by the mayor or any justice of the peace of the said city for the term of his, her or their imprisonment, as expressed in the warrant of commitment, or that may be brought to him by the mayor, marshal or policemen of said city, for safe keeping until a hearing can be had, said hearing to be had within twenty-four hours or said offender discharged; and all the expenses of keeping said offenders in said jail shall be borne and paid by the said county of Gloucester. 44. And be it enacted, That upon the trial of any issue, or witness by rea. upon the judicial investigation of any fact to which issue or investigation "The Mayor and Council of the City of Woodbury are a party, or in which they are interested, no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant of said city; and that if any person shall be sued or impleaded by reason of anything done by virtue of this act, it shall be lawful for said person to plead the general issue, and to give this act and the special matter in evidence at the trial. 45. And be it enacted, That all legacies, bequests, assets belong to the and property of any kind belonging to or held in trust by Property to the borough of Woodbury, shall from and after the passage city. of this act belong to the said city of Woodbury, and all debts and liabilities due and owing by said borough of Woodbury shall be assumed and paid and discharged by said city of Woodbury. 46. And be it enacted, That all acts and parts of acts incon- Repeater. sistent with the provisions of this act, be and the same are hereby repealed. take effect. 47. And be it enacted, That this act shall be and is here- When act to by declared a public act, and shall take effect on the second day of January, eighteen hundred and seventy-one. Approved March 16, 1870. CHAPTER CCLXXII. An Act to confirm the purchase and sale of certain real estate in the city of Camden by the Empire Sewing Machine Company, of the State of New York. WHEREAS, the Empire Sewing Machine Company, of the Preamble. city of New York, a corporation and body politic in the state of New York, by indenture bearing date the first day of February, one thousand eight hundred and seventy, duly executed and proved, did grant, bargain and sell unto Barbara Shloss (wife of Lazarus Shloss), of the city of Philadelphia, in fee, three certain town lots, situate in the city of Camden, in this state, particularly described in said deed of conveyance, being the same premises granted and conveyed to the said company by George W. Stake and wife, Thomas Reeve and wife, Sidney M. Tyler and wife and Thomas G. McArthur, by deed dated November sixteenth, eighteen hundred and sixty-six (recorded in Camden county clerk's office, in deed book number fortynine, page three hundred and ninety-four, and so forth); and whereas, the said "The Empire Sewing Machine Company" being a foreign corporation, its power to grant and |