OF THE Essex Public Road Board AND SUPPLEMENTS THERETO. NEWARK EVENING COURIER PRINT. ~ 1872. ^ ^^ ^~> CHARTER OF THE Essex Public Road Board AND SUPPLEMENTS THERETO.'Rewavu, Ba. s.' NEWARK EVENING COURIER PRINT. 1872. I JND E X. SuoTIONX Alteration of Grade, Damages for................................11, 27 " " Surveys...................................... 67 Appeal from Award of Appraisers, and proceedings thereon........33, 66 " must be taken in sixty days............................... 66 " may be Noticed for Trial by either party................... 66 Application for Appraisers, to whom, and how made................ 31 " " Assessors, " " "................ 35 " " New Roads, how laid, &c.......................... 40 Appraisers of Damages, how appointed........................... 31 " Oaths of............................................. 31 " Meeting of........................................... 32 may adjourn.............................. 32 " shall view premises. 8 " shall hear parties and witnesses........................ 8, 32 " shall award compensation............................ 32 " shall make a statement or report.................. 32' shall file report in Register's office...................... 32' may be recalled.................. 67 Appraisement of Damages, how made.......................8, 31, 32, 33 Assessors of Benefits, how appointed............................. 35 " Oaths of.............................................. 36' to have copies of appraisements, with maps............... 36 " Meeting of............................................ 36 " may adjourn......................................... 36 " to report to the Board....................... 36 Assessments for Benefits, how made..............................36, 46 " not to be set aside for informality, &c.................. 15 " a lien on land assessed...........................15, 36, 54 how reviewed................ 36 " when due, and how collected.......................15, 37 " for expense of curbing, &c....................54 *" for expense of macadamizing..................... 63, 64 " rebate allowed if paid within three months............ 42 iv INDEX. Avenues, Frelinghuysen, Springfield, South Orange, Park, Bloomfield and Washington avenues may be laid out, &c.......... 24 " when may be laid out in Newark........................ 24 " Powers of Board in respect to............. 25 " Width of................................... 25 " how to be constructed................................27, 48 " may be macadamized............................. 63 " Cost of, how paid.............................. 30 " may be constructed in sections......................... 48 " certain additional Avenues may be laid out, names of, how to be constructed, and how paid for and maintained....58, 61 Benefits, (see Assessments for). Board, Members of, how and for what term elected.............1, 17, 44 Members of, to take and file an oath...................... 1 to give bond................................. 1 " and their agents, &c., may enter on lands, &c................ 3 " may take lands for road purposes........................... 4 to have an office in Newark............................... 5 may fill vacancies in certain cases........................ 17 " Salaries of members of...................................17, 44 may lay out, &c., certain avenues........................ 24, 58 may lay out, &c., other roads, on application................ 40' to cause surveys and maps to be made.....................1.0, 26 to notify appraisers and parties of meeting to appraise...... 32 to lay copies of appraisements before Assessors............ 36 may review Assessments for Benefits........... 36 may appoint a Collector of Assessments.................... 37 " to have powers of Overseers and Surveyors of Highways..... 38 may purchase or condemn turnpikes........................ 39 may Curb Sidewalks, &c................................. 54 " may locate Horse Railroad tracks......................... 55 may contract for removal of buildings........... 65 may purchase gores, &c.................................. 65 may agree with land owners as to damages for change of grade 65 " may alter surveys, when................................... 67 " may recall appraisers, when................ 67 to make report annually.................................. 19 Bonds may be issued by Chosen Freeholders to raise money for Road Board....................... 16 " in what form and manner issued................. 16, 43, 50 INDEX. v Bonds, on what terms to be disposed of...........................50 " Assessments pledged for redemption of..................... 16 "; to be received at par for assessments in certain cases.......... 51 " when to be canceled......1................... 51 Bridges and Culverts to be built at expense of County............ 53 Central avenue, under control of Board............................ 70 Collector, Board may appoint..................... < 37 " of County to deposit moneys to credit of Board........... 16 Compensation of members of Board.............................17, 44 t" of Court, Appraisers and Assessors.............. 18 for property taken or injured. (See Damages). Cost and expense of making avenues, how paid..................30, 58 it" " " new roads, how paid.................. 40 " " maintaining avenues and roads, how paid...20, 40, 58 i " macadamizing.............................63, 64 Costs of Appeal, by whom paid.................................. 33 Curbing may be done by Board, when........................... 54 " Assessments for, how made............................... 54 Damages, how estimated......................... 8 *' Benefit not to be deducted from.................. 8 " to be given for alteration of grade......................11, 27 " to be given for buildings as well as lands................. 28 " to be given for turnpike roads taken.................... 39 " when to be paid..................................... 13 " County may be sued for......... 41 Expense of making and maintaining avenues. (See Cost and Expense). Fees of Court and Officers. (See Compensation). Grade, Damages to be allowed for alteration of...................11, 27 " " for, how assessed............... 11, 27 Horse Railroad Tracks, Board may locate........................ 55 Lands may be taken for avenues, &c.............................. 4 " Compensation for. (See Damages). " when to be paid for..................................... 13 " Assessments to be a lien upon........................15, 36, 54 " may be sold for Assessments........................... 15 " how sold................................................ 15 " may be redeemed............................... 15,' Assessments a lien upon............................... 15, 36, 54 Macadamizing may be done by Board...........63, 64 Maps of Lands, &c., to be made...................10, 26 Vi INDEIX. Maps, to be signed by Board........................... 26 " what to contain....................10, 26 " when to be open for public inspection....................... 5, 26 " Correction of........................................... 26 " to be deposited in office of Board........................... 26 " Duplicate of, to be filed in Register's office, when............. 26 " of Lands assessed, to be made and filed...................... 36 Mortgagees, Rights of, upon sale of lands.......................... 15 Newark, when Board may lay out avenues in...................... 24 Notice of Sale of Lands for Assessments........................... 15 " Board not to lay out avenues, &c., in Newark without......... 24 " of Maps being open for inspection...................... 26 " of Applicatioi for Appraisers.............................. 31 " of Meeting of Appraisers..8............................... 32 to be in writing................................... 84 " how published, &c...................................... 84 "' when persons entitled to, are unknown...............4..... 64 " of Meeting of Assessors................................... 36 * of Filing Maps and Reports of Assessments................ 86' to be given by Board, of Meeting, to receive objections to assessments, &c........3.............. 36 " to be given to Board, of objections to assessment............ 36 Overseers, Board to have powers of............................... 38 Pavement by Telford process authorized....................... 63, 64 " expense of, how paid............................... 6, 64 Report to be made annually by Board............................. 19 " of Appraisements, filing, &c............................... 32 " of Assessors to be made and filed....................... 36 " " what to contain.............................. 36 ""' proceedings on............................. 36 Sale of Lands for Assessments........................... 15 " " proceedings on................................... 15 " Buildings and Improvements............... 27 Surveyors of Highways, Board to have powers of............... 38 Surveys and Maps to be made of avenues.......................... 26 is " how made, and proceedings thereon............. 26 " may be altered......................................... 67 Turnpike made may be purchased or taken..................... 3.. 39 Width of Avenues........................................... 25 " other roads........................................ 27 " Sidewalks........................................... 27 ACT OF INCORPORATION. AN ACT CONSTITUTING A PUBLIC ROAD BOARD FOR THE LAYING OUT, CONSTRUCTING, APPROPRIATING, IMPROVING AND MAINTAINING PUBLIC CARRIAGE ROADS IN THE COUNTY OF ESSEX. APPROVED MARCH 31ST, 1869. 1. BE IT ENACTED by the Senate and General asssembly of the State of JNew Jersey, That Aaron B. ames of om. Baldwin, George Peters, William H. Murphy, Jesse Williams and Robert M. Hening, and their successors to be appointed and elected as hereinafter provided, be and they are constituted a Board of Commissioners to be known and designated as " The Essex Public Road Board," for the purpose of laying out, constructing, appropriating, improving, and maintaining free carriage roads in the county of Essex; that the acts of a majority of said Commissioners shall be deemed the acts of the Board; and that each of said Each Commisstoner to take Commissioners, and their successors, shall, before en- andlleoath,&. tering upon the duties of his office, take and file in the office of the County Clerk of said county an oath or affirmation to act faithfully and impartially in the exe. 8 cution of the trust reposed in him by this act, and each nd give Bond. shall give bond to the County Collector of said county in the sum of ten thousand dollars, with three sufficient sureties to be approved by the finance committee of the Board of Chosen Freeholders of said county, conditioned for the faithful performance of his duties under this act, which bond in case of forfeiture shall be prosecuted by said County Collector for the use of the said county. Section 2 repealed. 3. The said Board, their agents, engineers, surveyors, and others in their employ, shall have full power to ay enterpon enter at all times upon lands for any of the purposes contemplated by this act. And take any 4. Any lands and real estate deemed necessary by lands deemed necessary. the said Board, for the laying out, constructing, widening, straightening, or other improvement of any road, Damages and. may be taken therefor and damages shall be allowed, Benefits to be wsseed. and benefits assessed by the said Board to and against the persons owning the lands so taken and benefited respectively, as hereinafter provided. ffice and time 5. The said Board shall have an office in some conof keeping open. venient place in the city of Newark for the transaction of their business, and for the reception and safe custody of their books, maps and other documents, which office shall be kept open on all ordinary business days, between the hours of ten and three o'clock, and which books, maps and other documents shall, between the hours above named, be always open to the examination of parties claiming to be interested therein. Section 6 repealed. Section 7, (providingfor the appointment offive free. 9 holders to assess damages and benefits), repealed and supplied by 31-35. 8. The said five freeholders so appointed, or a majority of them, shall give at least twenty days' notice in two daily newspapers of the said county, of the time and place of their meeting to make such assessments of damages and benefits, and that no other notice to par. ties interested shall be required. [The above provisions as to notices superseded. See post, 32, 34, 36, 45,] and when so met, the said freeholders or a majority of them shall view the premises, and shall have power to e- Appraisers may examine and amine witnesses upon oath or affirmation (to be admin- swearwitnesses istered by any one of their own number) and to adjourn from time-to time, and that after a full investigation, they, or the said majority of them, shall make such assessments separately, and in favor of or against the said owner or owners of said lands and real estate, as the case may be, and shall make a report thereof, in writing, to the said Board without unnecessary delay;-[and that afar the like notice of the time, place and purpose of the meeting (no other or further notice being required) the said Board shall review and consider the said assessments, and every one of them, and shall and may by the resolution and by vote of a Power of Commissioners to majority of their whole number, adjust, ratify and con- alter and ratify assessments. firm the same with or without alteration, as to them may seem fit, and shall then cause the same to be recorded in the minutes of their proceedings; and that at said meeting of said Board, it shall be their duty to receive and consider any objections to said assessments, or any of them that may be presented in writing by any person or persons claiming to be aggrieved thereby;] 2 10 -(see 32, 36,)-and that in assessing said damages the said freeholders, and the said Board, shall have due regard both to the value of said lands and real estate so taken, and the injury to the said owner or owners thereof, without making any deduction or allowance for benefits, because or by reason of the laying out, constructing, reconstructing, widening, straightening, or other improvements of said road, or said part or parts thereof. (See 31, 36.) Section 9 repealed. When assess- 10. When any such assessments shall be so adopted, ments are con- fhmed, a mapd ratified and confirmed, the said Board shall cause to be with names of wnerso prepared, and shall carefully file in their office, a map, showing all the lands and real estate upon or by reason of which the said assessment hath been made, with the boundary lines of the several parcels, and the names of the several owners thereof, as far as the said Board have been able to ascertain the same; provided, however, that none of the proceedings to be had under this act shall be held to be invalid because of any unintentional defect or error in the said map or any part thereof. (See 32, 36.) 11. If in widening, straightening, constructing, reconstructing, or otherwise improving, and maintaining any existing public road, or any part or parts thereof Damages for al- in said county, any alteration of the grade of said road teration of grade to be asses8ed. shall be made, the damages which may have been occasioned thereby to the owner or owners of any lands and real estate upon the line of said road, shall be ascertained and assessed by five freeholders, or a majority of them, in the same way as damages for lands and real estate taken in the laying out of a new road; and tha 11 such damages for the alteration of the grade shall be added to and form a part of the cost aforesaid, and be assessed, and borne and paid in the same manner. (See 27.) Section 12 repealed. 13. The said damages for lands and real estate taken, Lands taken to be pald for in six months afterthe or for the alteration of the grade of any road, when so adoption of the assessment. assessed, shall become due and payable to the several owner or owners of said lands and real estate so taken or damaged, at the expiration of six months from the time when said assessment shall have been adopted, ratified and confirmed by the said Board; and interest shall become due and payable thereon from and after the expiration of the said six months, unless the said Board shall sooner enter upon and take possession of the said lands and real estate, in which case interest shall accrue from and after the date of such entry and taking possession; and that in the event of said damages and interest not being paid on demand after the expiration of the said six months, the said owner or owners may pue fr and recover the same, with costs, from the/ai^ia''(see 41) in an action on the case, in any court having' cognizance thereof; and that the proceedings of said Freeholders and said Board shall be held and taken in said action as conclusive against the defendants therein. Section 14 repealed. 15. Any and all assessments which may'be made Asessment shall be liens under and by virtue of this act (except only assessments upon the lands nntil paid. of damages for lands and real estate taken, and for the alteration of the grade of any road), shall be and remain liens upon the lands and real estate benefited as 12 aforesaid, from and after the time or times, when the said assessments were so adopted, ratified and confirmed by the said Board, until the same shall be fully paid or collected; and that every assessment made as Assessments aforesaid shall be payable and collectable in four equal payable in four annut^i;tal annual installments in one, two, three and four years respectively, from the date of such assessment, unless the person or persons assessed shall elect to pay the same sooner and in one payment, in which case he or they shall be at liberty so to do, and shall be allowed a proper rebate of interest thereon; (see 42) that if any installment of such assessment'shall remain unpaid in whole or in part for six months after the same shall become due and payable, the whole, or any balance of such assessment, notwithstanding anything hereinbefqre contained, shall thereupon become due and collectable, and may be sued for and collected by said Board in their corporate name, in an action on the case, against the owner or owners of such lands and real estate respectively, in any court having cognizance of the amount sued for, or the said Board may proceed to advertise said land and real estate upon which said Land may be assessment may be a lien, to be sold at public auction, sold at anctuion. at the Court House of said county, on some day not less than two months distant, between two and five Howadvertised. o'clock in the afternoon; that such advertisement shall be published for the space of time aforesaid next preceding the sale, in at least three newspapers of said county, at least once in each week; that said advertisement shall be the only notice required, and shall con. tain the names of the land owners in default, if the same be known, together with the amounts due by 13 them respectively, and a short description of their said land and real estate, so assessed as aforesaid; that at the time of said sale the several parcels of said land and real estate shall be. openly sold to the person or Howsold. persons who will take the same for the shortest period of time, not exceeding fifty years from the day of sale, and shall pay to the Board, before the close of the sale, the full amount due upon said unpaid assessment, with interest thereon from the time of the same being made, at the rate of seven per centum per annum, and also such sum as the Board shall determine to be a fair proportion of the expenses of advertising and conducting the sale; that in the event of any purchaser neglecting to make such payment as aforesaid, he shall forfeit all claim to said land and real estate, and the same shall be resold by the Board at their convenience When re-sold. upon such advertisement as aforesaid; that the Board may adjourn the sale from time to time by making public proclamation thereof at the time of such adjournment; that as soon as practicable after the close of the sale, the Board shall make and deliver to any purchaser thereat who. shall have made such payment as aforesaid, a certificate of sale, under their hands and seals, Certificate of and duly acknowledged according to law, setting forth, chaser.P as concisely as may be, the facts of said assessment, advertisement and sale, together with a.description of the lands and real estate so sold, the amount actually paid therefor by said purchaser, and the length of time for which he shall have so purchased the same; that said certificate shall before its delivery, be recorded in one Certificate to be recorded. of the books to be kept by the Board for such purpose; that said certificate may be assigned, by deed of assign. 14 ment under seal duly acknowledged as aforesaid, and that such assignment may be recorded in the books of said Board, upon the payment of a fee of one dollar Lands may be therefor; that if at the end of three years from the day redeemed In *' three years of sale, said land and real estate shall not have been redeemed by said owner or owners, his, her. or their legal representatives, or any mortgagee. or mortgagees thereof, or any judgment creditor or creditors, or any other person or persons.haing a legal or equitable interest therein, by the payment to the said Board for the benefit of said purchaser, his heirs or assigns, of the amount originally paid by said purchaser, and any other tax or assessment which he may have paid and of which he may have given written notice to said Board, together with interest on such payments at the rate of ifteenpercent. fifteen per centum per annum, the Board shall upon the may be charged o, npstd^- surrender of said certificate execute and deliver to said purchaser, his legal representatives or assigns, a declaration of sale, under their hands and seals, and duly acknowledged as aforesaid, briefly stating the facts of said assessment, advertisement and sale, together with a description of said land and real estate, and a statement of the time for which the same has been so sold; Declaration of that said declaration of sale shall be recorded in the sale to be recorded. books of said Board, and also in the records of deeds in the office of the register of said county, upon the payment of a fee of one dollar in each case; that until the recording of such declaration, the time for redeeming said land and real estate as aforesaid shall remain open, notwithstanding the said term of three years may Declaration of sale evidence of have expired; that such declaration shall be presumpregularity of sae. tive evidence in all courts and elsewhere that such sale 15 and proceedings were regularly made and had, according to the provisions of this act; and such purchaser or purchasers, and his, her, or their legal representatives shall, by virtue thereof, lawfully hold and enjoy such lands and real estate, with the rents, issues and profits thereof, for his, her, or their own proper use against the owner or owners thereof, and allpersons claiming under him, her or them until the term shall be completed and ended for which the purchaser or purchasers shall have agreed to take the same as aforesaid, and no longer; being liable for any injury or waste done or Purchawerliable for waste. committed in the same manner as a tenant for a term of years; that no mortgagee whose mortgage shall have been recorded or reistedbefore a such sale shall be divested of his rights in and to said land and Rights of mort. - -- - -----— ~ ~ ~ — -.~,......~ ~ ~. gagees. real estate, unless six months' notice of such sale shall be given to him in writing, by such purchaser or any person or persons claiming under him, which notice shall be served personally, if saidtartgagcQ be a resident of the said county, and if not, shall be addressed to his place of residence as stated in said mortgage or assignment thereof; that if any such land and real estate shall be so redeemed by any judgment creditor or mortgagee, he shall have a lien on said land and real estate for the amount actually paid by him as aforesaid, with legal interest ther.eon, to be collected and recovered in the same manner and at the same time as if included in the mortgage or judgment; and that no as- Asements not to be set sessment or sale shall be set aside or declared invalid, asideonaccont of any error in because of any error in the name of any land owner or name. because of the omission to name him or her when unknown to the Board, or because of any slight error or 16 inaccuracy in the description of said land and real estate in.any of the proceedings, provided, the same be so described as to be easily identified. Collector of the 16. The Collector of the county of Essex is hereby County to dethe creditof the authorized and directed to deposit tothe credit of the d B Essex Public Road Board," with such bank or trust company as shall be designated by any order of the said Board, any and all such sum or sums of money as said Board may from time to time require and direct to be so deposited, for payment of any assessment of damages as aforesaid, or for payment of the cost of an work, services or material, done or furnished under any contract, proceeding or otherwis forsurveying locating, laying oiuoeing, regulatinggadi nstructing, reconstructing,.. Se I n.g...., any reconstructing, maintaining or otherwise improvinpny road, or any part or parts thereof, the construction or maintenance of which by law is or shall be under the the direction, control and management of said Road Board, or for payment of any incidental costs and expenses of said Board, specifying in their saidorder upon said Collector, for what particular purpose or purposes, or upon what particular work or proceeding said money is required; and to enable the said Collector to raise such money and to deposit it as aforesaid without delay, the Board of Chosen Freeholders Board of Cho- of the said county is hereby authorized, empowered and sen Freeholders mayissuebonds required to borrow from time to time in the name of the Board of Chosen Freeholders of the county of Essex, by the issue of bonds to be signed by the Director and countersigned by the Collector, and payable at any time not exceeding five years, (see 43,) and bearing such rate of interest as said Board of Chosen Free 17 holders may deem proper, not exceeding seven per centum per annum, any and all such sum or sums of money as may be necessary to pay all such damages, costs and expenses incurred or to be incurred as aforesaid; and whenever such damages, cost and expenses, or any part thereof, is afterwards collected by assessment from the property benefited by such improvement, the proceeds of such assessments, so to be laid and collected for each and every such improvement, aie hereby Apsesmrente pledged for repledged for the redemption of the bonds so to be demptionof issued, and the remainder or deficiency necessary for the redemption of said bonds; and the interest thereon shall be certified by said Collector to the said Board of Chosen Freeholders as soon as the same shall be ascertained by him, and be by the said Board of Chosen Freeholders,'included and raised in the then next annual levy for annual taxes in the county of Essex, and be applied to the final and full redemption of said bonds and the interest thereon; and that it shall be the duty of the said Road Board to pay to the said Collector all moneys collected or received by them for assessments for benefits, as soon as the same shall be so collected or received. 17. The said Commissioners shall receive a salary of Salaries of Commissioners one thousand dollars each, to be paid quarterly by the county Collector, and shall hereafter be elected and appointed as follows, that is to say, one of them shall be Appointmentof annually appointed by the Board of Chosen Freehold- sioner by the Boara of Choers of said county, at their stated annual meeting on sen Freeholders the second Wednesday in May, eighteen hundred and seventy, to hold office for the term of one year; and the other four shall be elected by the legal voters of 3 18 said county at the same time and in the same manner as members of the General Assembly are elected; and at the election for members of the General Assembly in the year eighteen hundred and seventy, two ComTwo Commis- missioners shall be elected to serve one year, and two sioners to be annually elected. to serve for two years, the ballots to be separate and to designate the time of service; and at the election for members of the General Assembly to be held in the year eighteen hundred and seventy-one, and every year thereafter, there shall be elected two Commissioners, each of whom shall hold office for the term of two years, and no ballot shall be counted in any election for Commissioners, which shall contain the name of more than one person to serve as such Commissioner; the two persons who shall receive the highest number of votes shall be declared duly elected; the five Commissioners so appointed and elected in the year eighteen hundred and seventy shall enter on the discharge of their duties on the first Monday of January, eighteen hundred and seventy-one; and the terms of office of those subsequently elected and appointed shall commence on the first Monday in January next after their Boardmay fill election and appointment; and any vacancy that may vacancies. occur in said Board, by death, resignation, or otherwise. shall be filled by the said Road Board at a meeting called for that purpose; the appointment made shall be only for the residue of the term of office so vacated. (See 44.) Compensation 18. The following and no other fees shall be allowed to Court and Freeholde. and taken for the hereinafter mentioned services, namely: to the Justice of the Supreme Court or of the Inferior Court of Common Pleas, for any appointment 19 of freeholders, and for administering to them the oath or affirmation herein required, the sum of five dollars; and to each freeholder so appointed, the sum of three dollars for every day's service by him rendered. 19. The said Road Board shall lay before the Di- Annual Report. rector of the Board of Chosen Freeholders of said county annually, on or before the first day of May, a full and detailed account or report of the receipts and disbursement of said Road Board for the year preceding, to the end that the same may be submitted by said Director to said Board of Chosen Freeholders. 20. All roads constructed or reconstructed by the said Board, whether laid out or appropriated, and taken in charge by them, shall thereafter be maintained Cost of maintaining roads by and kept in repair by them at the expense of the said the county. county. Sec. 21. Repealed. Sec. 22. Repealed. 23. The act entitled "An act constituting a Public Repealer. Road Board for the laying out, constructing, appropriating, improving and maintaining public carriage roads in the county of Essex," approved April seventeenth eighteen hundred and sixty-eight, and all other acts and parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed, and that this act shall be deemed and taken to be a public act, and shall take effect immediately. 20 Supplement Approved February 16, 1870. Commissioners 24. SEC. 1. The Commissioners and their successors, to lay out certain avenues constituting, by the act to which this is a supplement, " The Essex Public Road Board," are hereby authorized and empowered to lay out, construct, appropriate, improve and maintain, for the purpose of free carriage roads in the county of Essex, the following named avenues in the county of Essex, namely: Frelinghuysen I. Frelinghuysen avenue, beginning at Astor street, in the city of Newark, and running thence through the said city of Newark and the township of Clinton to the line of the county of Union Springfield II. Springfield avenue, beginning at Market street in Avenue. said city, and running thence through said city, and the townships of Clinton, South Orange and Millburn to the line of the county of Union South Orange lII. South Orange avenue, beginning at Springfield Avenue. avenue, in said city, and running thence through said city and the townships of East Orange, South Orange, Millburn and Livingston to the line of the county of Morris. Park Avenue. IV. Park avenue, beginning at Bloomfield avenue, in said city, and running thence through said city of Newark and the township of East Orange, the town of Orange, and the townships of West Orange and Livingston to the line of the county of Morris. Bloomfield V. Bloomfield avenue, beginning at Belleville avenue Avenue. in the city of Newark, and running thence through said city and the townships of Woodside, Bloomfield, 21 Montclair and Caldwell to the line of the county of Morris. VI. Washington avenue, beginning at Belleville Washington Avenue. avenue, in the city of Newark, and running thence through the townships of Woodside and Belleville to the line of the county of Passaic, shall not exceed in width seventy-five feet; (Sec. 47,) and that so much of said act as authorizes or empowers the said Board to No otberroads to be laid out by lay out, construct, appropriate, improve or maintain any Board except-'upon applicaother road or roads in said county, (except upon the tow'ofro~Perty application of property owners, as hereinafter provided for,) be and the same is hereby repealed; provided that it shall not be lawful for the said Road Board to lay Not to lay out avenues in city out, construct, appropriate or maintain such parts of of Newark except after twensaid avenues or any of them as lie within the city of tydaynotice. Newark, until the said Board shallhave given notice for twenty days in two newspapers published in said city, of their intention. to lay out and construct said avenues within the said city; and if within the period of ninety days from the first publication df said notice the Common Council of the city of Newark, shall by Common Council may lay out resolution of said Council, declare it to be their intention thvet^ne to lay out, open, construct, and maintain, for the pur- Neark when. poses mentioned in this act, so much and such parts of the said avenues as lie within the limits of the said city, it shall then be their duty to lay out, construct, appropriate, improve, and maintain, so much of the said avenues as lie within the limits of said city, and the said Common Council shall thereupon proceed to lay out, open and construct said avenues in the manner now provided by law for laying out, opening, vacating, straightening, altering and widening streets, roads and 22 Board to layout highways in the said city; but if the said avenues shall the Avenues in Newark, when. not be laid out and constructed, as aforesaid, within the said city, by the Common Council of the city of Newark, within six months from the date of the passage of said resolution, the said Road Board shall proceed to lay out, construct, appropriate and maintain the said avenues within the limits of the city of Newark, the same, and to all intents and purpose, as if this proviso had not been enacted; provided, that it shall not be lawful for said Board to alter the present lines of said avenues within the limits of the city of Newark. Powers of the 25. SEC. 2. The said Board are hereby authorized Board. and vested with all the rights and powers necessary and expedient to survey, lay out, locate, construct, reconstruct and maintain the said avenues and roads, and to vacate such part or parts of existing roads as may be necessary therefor, in the county of Essex, for the convenience of public travel by carriages and other vehicles in said county, which said avenues shall be deemed and' taken to be public roads or highways, and shall be of such width as to the said Board may seem advisable; provided, that such parts of said avenues as extend west of the summit of the First Mountain, shall width of not exceed in width seventy-five feet, and the residue of Avenues. said avenues shall not exceed in width one hundred feet. Surveys and 26. SEC. 3. The said Board shall cause to be made an accurate survey or surveys of the said avenues, with a map or maps thereof, showing'the termini and routes of said avenues, including the courses and distances and the various improvements through which the same will pass, and also the names of the several 23 owners or reputed owners of the lands through which said avenues pass, and also the names of the several owners of land proposed to be taken therefor, so far as the same can be conveniently ascertained, and showing also where the present streets and roads as now used are coincident with, or fall within the lines of the avenues hereby authorized to' be constructed, and also where those streets and roads which are now in actual use do cross said avenues; and the said Board shall at Boad to appoint places and their discretion appoint a place or places and day ortimes when days when between certain hours, the sa popen for pbmaps P days when between certain hours, the said map or map.,pecton, by ten days notice will be open to public inspection, either at their office in two news. papers. in the city of Newark, or at some place or places in the vicinity of said avenues; that the Board shall give previous notice of such appointment by an advertisement published.for at least ten days in two daily newspapers printed in said county; that in such advertisement only such short- description of said avenues as proposed shall be required as shall be sufficient to identify the same; that no notice to land owners or other parties interested shall be necessary, other than that contained in said advertisement; that the Board May adjourn inspection. may adjourn and continue such public inspection of said map or maps from time to time as they may appoint and publicly declare at any meeting; and they shall attend such meeting or meetings, and shall examine and inquire into any complaint or objection presented by any land owner or taxpayer for the purpose of ascertaining and determining as to the best manner of laying out, locating, widening or straightening the said avenues or any of them; that the Board after such full inquiry shall lay out, locate, construct, widen or 24 straighten said avenues, with or without alteration of the original survey, as to them may seem fit, and that such determination of the Board shall be by a resolution entered upon the minutes of their proceedings, setting forth the courses and distances of said avenues in words at full length; provided, however, that in case of any alteration of the original survey or surveys, a Maps to be de- new and corrected map or maps shall be prepared in posited in office of the Commit- the manner aforesaid, and shall, after being signed by a sioners, ano In the Register's offlce. majority of the said commissioners, be deposited in their said office, and also that a duplicate' of such original or corrected map or maps, as the case may be, shall, within thirty days after such determination of the Board, be filed by them in the office of the Register of the said county How Avennes 27. SEC. 4. The said Board shall construct said constructed. avenues b exavating and removing earth, rocks, trees, stumps, buildings, and all other impediments or.i nprovements, and disposing of such portions thereof as are not needed in the construction of said avenues, to the best advantage, at public auction; and filling up any low parts of the route, and otherwise preparing the premises for said avenues, and by building all bridges on said avenues, and all necessary culverts perGradeestab- taining to the same; provided, the said avenues shall lshed by mnni-. - cipalauhoriles not be constructed upon any grade different from that not to be altered without their ithout, and established by the municipal authorities (if any has compensation to persons injured. been established) without the consent of such municipality, arid in such case compensation shall be made to the person or persons injured (if any there shall be who are injured by such alteration of grade); and that such damages for the alteration of grade shall be estimated 25 as part of the money necessary to pay the compensation in this act directed to be made, and shall be raised, assessed and collected as hereinafter mentioned; the construction of said avenues shall be in such substantial manner as will combine hardness, evenness and durability with economy; provided, that nothing herein contained shall be construed as authorizing the said Board to macadamize or pave any of the said avenues. Not to bepaved or macadamized [These avenues, or certain portions thereof, may now be macadamized.] (See 63.) The said Board, or their successors in office, shall determine the width of the Width of sidewalks and carriage way and of the sidewalks, except all such carriageway. avenues and streets as lie within the corporate limits of the city of Newark, and relay in their proper place, and so as to conform to the Board's plans, all curbing and flagging that; they shall take up in constructing said avenues; but the local authorities are to curb and flag the other sidewalks which it shall be proper to curb and flag, as the said several municipalities are now authorized to do with reference to said sidewalks, and to keep the same in repair. (See 63.) 28. SEC. 5. The owners of that part of the lands over owners of land &c, entitled to which said avenues are authorized to be laid, which is compensation. not already lawfully in public use, shall be entitled to compensation for the use thereof hereby authorized, and the owners of every building or part thereof, or other improvement which it shall be necessary to remove, take down or destroy, shall be entitled to compensation for such building or part thereof so to be removed, taken down or destroyed. 29. SEC. 6. The moneys necessary to pay the compensation in this act directed to be made for land or 4 26 Moneys topay property taken, shall be raised by assessing so much for lands taken tossessig landb thereof, as shall be equal to any peculiar benefit conbeneted. ferred upon any lands in the county, whether adjacent or not to said avenues, upon such lands so peculiarly benefited, in proportion to the benefit received; if said moneys shall exceed the value of the benefits conferred upon the lands last mentioned, such excess (if any) shall be borne by the public at large of the county of Essex, and sall be raised by tax as other taxes are levied and raised in said county, and shall.be paid by the County Collector. (See 46 and 56.) ost of laying 30. SEC. 7. The money necessary to pay the costs out avenues, &c, to be paid and expenses of executing this act, and of the laying in 10 annual one-half by the o eni ndonstructihe said avenues and also county of Essex t' and the other the amounts of rebates allowed upon assessments for half by the ---.__...~.. -. - -............ townsbips,&. benefits, as hereinafter provided, together with the interest on said several moneys, shall be paid in ten annual installments, one-half thereof by the county of Essex, to be raised by county tax in the same manner as other county taxes are raised in said county, and the other half by the several cities, towns and townships in or through which the several avenues pass, to be levied and collected by the same officers, in the same manner, and at the same time that the other city, town and township taxes are levied and collected; but the officers so collecting said moneys shall pay the same to the County Collector under the same provisions and regulations as county moneys are now paid by them to the County Collector; provided, that no one of the said cities, towns or townships shall be liable to a greater extent than to the amount of one-half of the said costs, expenses and amounts, with the interest accruing on it, 27 except as to the liability for its quota of the tax to be raised by the county of Essex as aforesaid; and provided, that if the Common Council of the city of Newark shall lay out and construct so much of said o much ofsaid avenue as laid avenues as lie within the limits of the said city as Ntb, kty of aforesaid, the damages and entire costs of laying out, paid for by t. opening and constructing said avenues in the said city of Newark, shall be levied, raised, assessed, collected and paid as is now provided by law for the laying out and opening of streets in said city. 31. SEC. 8. It shall be the duty of the Court of Corn. Courtof common Pleas to mon Pleas in and for said county, upon the application appoint five appraisers of of said Board, from time to time, and after ten days, landfgc.en. notice of such application by an advertisement in two daily newspapers of said county, to appoint five disinterested freeholders residing in said county appraisers, who shall, after having severally taken and subscribed before a judge of said court, an oath or affirmation to act fairly and impartially in the matter intrusted to them, according to the best of their skill and judgment, be empowered to make a fair, just and impartial appraisement of the damages sustained by the owner or owners of any lands and real estate or buildings, to whom compensation is to be paid as provided in this act. 32. SEC. 9. The said Board shall from time to time Tendays'notice to be given to give ten daysi notice to the proper appraisers and to the the appraisers persons entitled to compensation, on what day and at penticon. what hour and place they will ask the said appraisers to hear evidence, as to the compensation for the land or buildings of the persons so notified, and at such time and place and any other time and place to which said 28 appraisers may adjourn, they shall hear the Board and the parties interested if they appear, and the witnesses of the Board and of said parties, and determine the compensation that ought to be paid to the persons so notified, and openly and publicly declare the amount thereof, and then or afterwards by writing signed by statement by them or a majority of them, make a statement of their appraisers to be fiedigi^ - proceedings and said adjudication, which statement ter's office. shall be filed in the office of the Register of the county of Essex; and it, as well- as said notices, shall Whattocontain contain a carefully prepared description of the boundaries of the land for which compensation is to be made, and state whether there are any, and what kind of building or part of building thereon, for which also compensation is to be made. Proceeding 33. SEC. 10. If the person to whom such compensaupon appeal. tion shall be awarded, is, or the said Board are, dissatisfied with the amount thereof, either party may appeal from the said adjudication to the Circuit Court of the county of Essex, which is hereby given jurisdic. tion to rehear the said matter, and to cause a proper issue to be framed to try the question of compensation, and to have the same tried by a jury, as an issue out of the Supreme Court in a civil action is tried in the said court, but such appeal shall not restrain the Board from constructing said avenues over said lands and removing said buildings, if said compensation found by said appraisers shall have been tendered; if the jury shall find more than the appraisers, the costs of such appeal shall be paid by the Board, but if the jury find less or confirm said amount, the costs of appeal shall be paid by the owner; in case any parties entitled to compensa. 29 tion cannot be found to whom to pay the same, or are unknown, or labor under legal disabilities, payment of such compensation in the Circuit Court of the county of Essex, shall be equivalent to the payment of the parties entitled to the same 34. SEC. 11. All notices required by this act, unless Noticesto be In writing. otherwise provided, shall be in writing, and shall, if the person reside in the county of Essex, be served Howservedand published. personally upon the party entitled to notice or left at his or her usual place of abode; or if such party does not reside in the county, or is an infant, or a lunatic, or an idiot, such notices shall be published in such news. papers, published in the county of Essex, as the Board shall determine, for double the length of time that notice personally served is required; and in case the persons entitled to notice, or any of them are unknown, a general notice to those whom it may concern shall be published in like manner; and in the case last mentioned, there shall also be a notice posted on some part of the premises of the party interested of the effect of such notice last mentioned. 35. SEC 12. The said Court of Common Pleas on re- Courtof common Pleas to quest of said Board, shall appoint five honest, competent ppointldefirvt assess benefits. and judicious freeholders, assessors, to perform the beneft duties required of the said assessors, under this act; said application and appointment shall be filed in the Clerk's office of the county of Essex. 36. SEC. 13. The said Board shall aause to be laid Proceedings by the assessors before the said assessors a copy of all the appraise. ments made under the ninth section of this act, with proper maps; and the said assessors, after taking an oath to honestly and justly perform the duties required 30 of an assessor under this act, shall proceed to consider and determine what lands in said county (see 46) are peculiarly benefited by the laying out of said avenues, and the amount that each lot or parcel is so benefited, and shall assess the same in proportion to the benefit To give lOdavs, received and said assessors shall give at least ten days' notice of their meet"ng. public notice of their meeting to perform the duties required of them by this act, specifying therein generally the purpose of said meeting, and being once met, the said assessors may adjourn from time to time, until the purpose of those assembling may have been accomplished, but no notice of any adjourned meeting shall Toreport tothe be necessary; they shall make a report to said Board Board their assessments. in writing, of their said determinations and assessments, and shall accompany the same with at least one map, and at least one schedule for every city, town or township in which said benefits shall be assessed; and the names of the owners or reputed owners of the lots shall be written upon the lots or parcels as laid down in said maps, Or it shall be stated that the owners are unknown, and there shall be as many duplicates of said report as there are cities, towns and townships, in which benefits are assessed, in the Clerk's office of each one of which said report shall be filed; and there shall be a duplicate of each of said maps and schedules, one of Report and which said duplicate maps and schedules shall be filed maps to be filed in the Clerk's office of the city, town or township to which it relates, for the examination of the public; the original report and maps and schedules shall be temporarily lodged in the office of the Clerk of the county of Essex for the examination of the public; and the said clerks of said cities, towns and townships shall respect 31 ively, within ten days thereafter, give notice of the Notice offiing filing of said reports, and maps and schedules in their said offices, by posting for two weeks notices in five public places in their city, town or township; and said Commissioners shall give a like notice by advertising the same in two newspapers published in said county for two weeks in every issue of such newspapers; and the notice of said Board shall also state a time and Board togive notice of meetplace, when and where the said Board will meet, to ing to receive receive objections in writing to said report, assessment report and determination; if any person or corporation aggrieved by said assessments and determinations, by any act or thing upon which the same are, or is founded, shall not give to said Board notice of his said aggriev- Notice of objections to be given ance or complaint and of the grounds thereof, in writing to Board in fo days after fling within twenty days after the filing of said report, he, epor. she, or it shall be deemed to have waived such ground of complaint, and the said Board shall receive and consider the said objections so made in writing, and if any of them appear to be well founded, they shall require the said assessors to review the said assessment and make a new report upon the same, readjusting the assessment; but in making such review or readjustment, said assessors shall not readjust any assessment on any land lying outside of the city, town or township in which the land lies, the assessment on which they are required to review and readjust; the said assess- Assessment a lien on the land ment shall be a lien on the said lot or parcel of land assesaed. until the same shall be paid, from and after the date that the said Commissioners shall approve of such assessment, and said Board shall approve all of said assessment, that they do not require said assessors to review and readjust, and as to that part of said Proceedingson assessment, they shall approve of that, so soon as the review... assessment shall have been reviewed and readjusted, if the same shall appear to have been readjusted properly; and in case the said assessment or any act of said assessors shall be removed to any court of review, the said assessment shall not be set aside for any excess of assessment, unless it appear that the said assessment was greater than the actual benefit the said laying out and opening of said avenue was to any lot or parcel of land on which said reviewed assessment may have been mada7u$d the said court of review in case they set aside such assessment, shall appoint the same or other assessors to review the said assessment, and readjust the same and reassess the lands, the assessment upon which shall so have been reviewed before the said court, and said assessors so appointed by said court shall add to the assessment the costs and expenses of such review in said court, and of said reassessment. How assess- 37. SEC. 14. The assessments for the behefits required ments collected. to be paid by this act shall become due and shall be collected as is provided in the fifteenth section of the Board may ap- act to which this is a supplement; and the said Board point collector. may, in their discretion, appoint a collector to receive any moneys, due for assessments, and may require such collector to give a bond to the said Board, in such sum and with such sureties as they may designate, for the faithful performance of the duties of his office, and the said Board shall, by resolution, fix the amount of compensation to be paid to such collector; the said Board shall also have power to appoint such other agents and 33 officers as they shall deem necessary for the purpose of carrying into effect the purposes of this act. 38. SEC. 15. In addition to the powers conferred by this act, it shall be lawful for the said Board, and their Board to have the powers of authorized agents, to use and exercise, for the purpose overseers and surveyors of of this act, all the powers and privileges belonging or highways appertaining to overseers and surveyors of the highways, under any general law or laws of this State, so far as the same may be used and exercised consistently with the foregoing provisions of this act. 39. SEC. 16. The said Board is hereby authorized and empowered to purchase or take (compensation being first made), any turnpike road in said county, or Turnpike road ~ may be taken. such part or parts thereof as may be necessary for the purposes of this act, and the damages sustained by the taking of any turnpike road, or any part thereof, shall be ascertained.upon like application, and in the same manner as is hereinbefore directed where any lands or buildings are taken for the purposes of this act, and the compensation' paid or damages appraised shall be compensation assessed upon the lands peculiarly benefited, and other. wise collected, paid and raised in the same manner, and to all intents and purposes as is hereinbefore provided for the assessing, collecting and paying for lands or buildings taken for the purposes of this act. 40. SEC. 17. The said Board may, at their discretion, and in pursuance of this act and of the act to which this is a supplement, lay out, construct, appro- Howother loads may be priate, improve and maintain, for the purposes of free laidout. carriage roads as aforesaid, any existing road, or may lay out and construct any new road, whenever application in writing shall be made to the said Board for 5 34 that purpose by the owners of [more than one-half in lineal measurement of the land fronting] on the line of any such road now existing, or proposed new road; but the money necessary to pay the expenses of laying out, opening, and constructing any such roads, and the compensation in. this act directed to be made to property owners for lands or buildings taken, shall to the amount and in proportion to the benefit received, be assessed upon the lands in said county peculiarly benefited thereby, in the manner hereinbefore provided for; if the amount of the said costs, expenses and compensation shall exceed the value of the benefits conferred upon the lands. assessed for such benefits,-such excess (if any) shall be borne, raised and paid by the county as hereinbefore provided for in relation to said avenues; and the proceedings in and for the laying out, constructing, appropriating, improving and maintaining any such roads, shall be the same in all rtpects as are provided in respect to the laying out, constructing, appropriating, improving and maintaining the said avenues. When suit may 41. SEC. 18. In the event of the damages and interbe brought against the est mentioned in the thirteenth section of the act to county. which this is a supplement, not being paid as therein provided for, a suit for the same with costs may be brought against the said county, and not against the said Board as is in said section provided Persons paying 42. SEC. 19. If any person or persons assessed for assessments in threetionth benefits in pursuance of this act and of the act to rebate of twelve per cent. which this is a supplement, shall elect to pay the assessment against him or them in one payment, within three months from the date of such assessment, he, she or they shall be entitled to a rebate of twelve per centum upon the amount assessed against him, her or them. 43. SEC. 20. The bonds authorized and required to CountyBonds when payable. be issued by the Board of Chosen Freeholders of the county of Essex, by virtue of the sixteenth section of the act to which this is a supplement, shall be payable in ten years, with the interest thereon, and that it shall be lawful to raise by taxation as a part of the county tax of the said county of Essex, money to pay said bonds or any portion thereof, or the interest thereon. (See 16, 50, 51.) 44. SEC. 21. The Commissioners now constituting the Essex Public Road Board shall respectively hold Term of office of commissiontheir office for the term,of [four] years from the first er, their appointment, Monday in January, eighteen hundred and seventy, and election their successors in office shall be appointed and elected in the year eighteen hundred and seventy-three, at the same times, in the same manner and for the same terms as is now provided by the act to which this is a supplement, for their appointment and election in the year eighteen hundred and seventy; and their subsequent appointment, election and term of office shall be at the same time, in the same manner; and for the same term as is provided in the seventeenth section of said act; and the said Commissioners shall receive an annual salary of one thousand dollars each, to be paid quarterly by the County Collector. 45. SEC. 22. The second, sixth, seventh, ninth, Repealer. twelfth, fourteenth and twenty-second sections of the act to which this is a supplement, and such other parts of said act as are inconsistent with the provisions of this act, and all other acts and parts of acts inconsistent with this act, be and the same are hereby repealed, and this act shall take effect immediately. 36 Supplement Approved March 17, 1870. No landsto be 46. SEC. 1. No lands in any city, town or township, assessed for bnefits except in which any avenue-named in the supplement to the in sa e It ownshiP, &c.,where act to which this is a further supplement, approved the said lands are situated.jl sixteenth day of February, eighteen hundred and seventy-shall be laid out by said Board, shall be liable to be assessed for benefits to pay the compensation to be made for land or property taken which shall not lie within such city, town or township; but the lands in any city, town or township, through which any of the said avenues shall be laid out, which shall be peculiarly benefited thereby, shall be liable to the extent and in proportion to the benefit received for the lands or property taken therein only; but in all other respects except as herein provided, the moneys necessary to pay the compensation for lands or property taken shall be raised as in said supplement directed. Firstsectionof 47. SEC. 2. The first section of the supplement to supplement of February 6,. the above entitled act, approved February sixteenth, eighteen hundred and seventy, be amended in reference to Washington avenue by striking out the words " shall not exceed in width seventy-five feet." Avenues may 48. SEC. 3. It shall be lawful for the said Board to be constructed in sections. lay out and construct said avenues or any of them in sections, of so much of said avenues or any of them, as is embraced in any city, town or township; and any of said sections may, in the discretion of the said Board, be first laid out and constructed, and the damages for land and property taken therefor, may be appraised, 37 and the benefits assessed and collected in pursuance of the said supplement before the residue of any of the said avenues shall be constructed or worked. 49. SEC. 4. The twenty-first section of the act ap. Twenty-frst section of act of proved March thirty-first, eighteen hundred and sixty- c86h 3lt,I nine, to which this is a further supplement, be and the same is hereby repealed, and this act shall take effect immediately. 38 Supplement Approved February 2, 1871. 50. SEC. 1. BE IT ENACTED by the Senate and General Assembly of the State of JXew Jersey, That the twentieth Repealer. section of the act supplemental to the above entitled act, which supplemental act was approved February sixteenth, eighteen hundred and seventy, be, and the same is hereby amended by striking out therefrom the words "in equal annual installments," and that the ertain bonds bonds heretofore issued by the Board of Chosen Freeheretofore issued made holders of the county of Essex, payable on the first day valid. of July, one thousand eight hundred and eighty, and bearing date the first day of July, one thousand eight hundred and seventy, and such bonds as the said Board of Chosen Freeholders shall hereafter issue payable at any time not exceeding ten years, with interest, and signed and countersigned as provided in the sixteenth section of said act, to enable the Collector of the county of Essex to raise money for the purposes in said act and supplemental act mentioned, shall be and they are hereby declared to be valid, and shall be paid as is provided for in said acts for the payment of the bonds therein mentioned, which said bonds it shall be lawful for the said Board of Chosen Freeholders of the county of Essex, tpsell, andnegotiate at publicor private sale.forthe best price that can be obtained therefor. Terms of sale 51. SEC. 2. AND BE IT ENACTED, That the said bonds or negotiation bonds. shall be received by said Road Board at par, in payment of the benefits assessed in pursuance of the said 39 act, when the same shall be tendered in sums not exceeding the amount in any one case assessed, and the bonds so tendered and received shall be delivered and paid to the Collector of the county of Essex, and shall be received by him at par, and he shall return to the said Board of Chosen Freeholders, the said bonds so paid and received for benefits, which said Board shall thereupon cancel the same. 52. SEC. 3. AND BE IT ENACTED, That the fourth section of the said supplemental act be, and the same is hereby amended by striking out the words " excepting Bloomfield avenue, which shall be macadamized." 53. SEC. 4. AND BE IT ENACTED, That all bridges and Bridges and cl- ~......... —~ ~^ verts to be made culverts built and constructed by the said Road Board, at expene of _ ^^ ^~^~""~"~~'~~""-"~.r -~ —~r; -- "~""' ~'~