Proviso. Repealer. May borrow money. May issue bonds. Proviso. Payment of bonds. Location of buildings reg. nances. or both; provided, that such criminal prosecution shall in no wise impair the right of action for damages by civil suit, and the said borough are hereby authorized to bring an action and recover damages by a civil suit for any such injuries aforesaid by and in the corporate name of the said borough, in any court in this state having cognizance of the same. 5. And be it enacted, That so much and such parts of acts as are inconsistent with the provisions of this act, be and the same are hereby repealed. 6. And be it enacted, That to enable the borough of Washington to provide the necessary supply of water as aforesaid, it shall be lawful for the mayor and common council of said borough to borrow a sum of money not exceeding twenty thousand dollars, to be used by them, or so much thereof as may be necessary to provide the necessary supply of water in the manner directed in the foregoing sections of this act; and the mayor and common council of said borough are hereby authorized to issue bonds of said borough for the payment of money so borrowed, in suns not exceeding three thousand dollars each, to bear interest at the rate of seven per centum per annum, payable at such times and in such installments as the said mayor and common council shall deem advisable, but such time not to be more than twenty years from the date thereof; provided, such bonds shall not be sold or transferred by the said mayor and common council at less than the par value thereof. 7. And be it enacted, That it shall be lawful for the mayor and common council of said borough to provide for the payment of such bonds and the interest by taxation at the same time and in the same manner that other annual taxes are assessed and collected in said borough, in such sums and installments as the said mayor and common council shall deem proper. 8. And be it enacted, That it shall be lawful for the mayor ulated by ord and common council of said borough to regulate by ordinance the location of buildings in the public streets and alleys of said borough for the purpose of making, preserving and maintaining a uniformity and directness of line in the buildings erected or to be erected along all public streets and alleys, and to cause all buildings erected or which may be erected out of the line established or now occupied by the buildings in any such streets and alleys to be removed and placed in proper line at the expense of the owner thereof, when such building has been so erected, out of line as aforesaid, after notice to the owner by the authorities of said borough that the same is being so erected out of line. 9. And be it enacted, That it shall be lawful for the mayor common seal. and common council of the borough of Washington to make, adopt, have and use a common seal for said borough, and to change and alter the same at any time. 10. And be it enacted, That this act shall take effect on and after the fifteenth day of April, eighteen hundred and seventy-two. Approved April 2, 1872. CHAPTER CCCCXXXVII. An Act to appoint commissioners to superintend the drainage and improvement of certain bog meadows and low lands lying in the township of Lafayette, in the county of Sussex. WHEREAS, it is represented to the legislature, that there are Preamble. several hundred acres of bog meadow and low lands situate in the northeastern part of the said township of Lafayette, known as the "Lafayette Bog Meadows," now of very little value to the owners thereof for want of proper drainage; therefore, ers to dig and and water 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Richard Vaughan, Joseph V. CommisstonVought, George G. Struble, Charles Mackerly and Joseph repair drains Van Blarcom, are hereby appointed commissioners for the courses. purpose of contracting with or employing one or more persons to dig, excavate, clear out, widen, deepen, mend and repair all such watercourses, ditches, outlets and drains, now in part constructed and made, and, also, to dig, excavate, clear out, and make all such other additional watercourses, ditches, and drains necessary to effectually drain and carry off the water from the lands herein before and hereinafter described, and including the southerly side of said bog drain. meadow, and to do all the acts necessary to carry out the objects and purposes of this act. Description of 2. And be it enacted, That the said drain shall commence at or near the centre of a bridge over a brook, running out of said large bog meadow, in the township of Lafayette, in the county of Sussex, on the land of Morris Sharp, and in the road leading from the residence of Joseph V. Vought to the village of Lafayette, and thence following mainly in a northeasterly direction along a watercourse to the main ditch or watercourse of said bog meadow; and thence continuing in a northeasterly direction along said main ditch or watercourse until it reaches the outlet of the "pond meadow," on land of Alexander H. Roe, and to extend to other ditches, watercourses, and drains emptying into the said main ditch and outlet, to drain the low land and bog meadows on either side of said main ditch and outlet. May enter on lands. 3. And be it enacted, That the said commissioners, or a majority of them, shall have power and authority to enter upon said lands at any time, and at all times to ascertain the width, depth and grade of such watercourses, outlets and drains already in part made and constructed, and to ascertain the necessary changes and alterations to be made in the width, depth and capacity of the same, and also, to ascertain the proper width, depth and grade of such other watercourses, ditches and drains which, in their judgment, or in the judgment of a majority of the said commissioners, shall be necessary to be made to make the drainage effectual; and the said commissioners, or a majority of them, shall have full power and authority to superintend the alteration and construction of said watercourses, ditches and drains, and to remove and clear all obstructions in the watercourses, ditches, outlets and out drains, in part made and constructed, and to make the same wider and deeper; and to dig, excavate and make all such other watercourses, ditches and drains necessary to be made to effectually drain the said low lands and bog meadow; and to remove the earth and other substances a sufficient distance from the banks of said watercourses, ditches, outlets and drains on the adjoining lands, to prevent the falling or washing in to obstruct said watercourses, ditches, outlets and Costs and ex- drains, and to assess the costs and expenses of the same, and penses to be the costs and expenses of making surveys and maps of said premises, watercourses, ditches, outlets and drains as hereinafter provided, together with the pay allowed said commis owners. on sioners for the performance of their duties under this act, upon the owners of the said lands through which said watercourses, ditches, outlets, and drains are in part constructed; and upon the owners of the lands through which other watercourses, ditches, and drains shall hereafter be made, and upon the owners of such other lands lying immediately near said watercourses, ditches, outlets and drains, and which, in the judgment of the commissioners, or a majority of them, are benefited thereby; and in making said assessments, the said commissioners shall take into consideration the costs and expenses of deepening, widening, clearing out and surveying said watercourses, ditches, outlets, and drains in part made and constructed, and the same shall be assessed on each owner of said land through whose land the same are in part made, in proportion to the costs and expenses of the work necessarily done on his, her, or their land for the purposes aforesaid, together with the benefit derived therefrom; and upon the owners of such other lands lying immediately near, which, in the judgment of the commissioners or a majority of them, are benefited thereby, in proportion to the benefit derived; and said commissioners, shall also, in making said assessments take into consideration the costs and expenses of such other or additional watercourses, ditches, and drains dug, excavated and made by them, and the same shall be assessed on each owner of said land through which the same shall be made in proportion to the costs and expenses of the labor and work done on his, her, or their land, and the benefit derived therefrom, and, also, upon the owners of such other lands lying immediately near the same, which, in the judgment of the commissioners or a majority of them are benefited thereby, in proportion to the benefit derived; and the said costs and expenses shall be a lien on the said lands through which the Costs and exsaid watercourses, ditches, outlets, and drains are now in main a lien. part made, and on the lands through which said watercourses, ditches, or drains shall hereafter be made, and on the lands thereby benefited; and if any person or persons shall refuse to pay his, her, or their assessment after the same shall become due and payable, and after notice of the same as hereinafter provided, the said commissioners or a majority of Commissionthem shall have power and authority, after two weeks' ad fands, &c, for vertisement of the same in a newspaper of said county, and of assessment. ten days' notice by written or printed handbills posted in five of the most public places in said township, setting forth in penses to re ers may sell non-payment Owners may do work. Proviso. said advertisement the object of said sale, and describing the property to be sold; to sell at public auction any crops, pasture, wood, timber or the land of the person or persons so making default as aforesaid sufficient to pay his, her, or their assessment as aforesaid, with twenty per centum additional thereto, with costs; and on such sale or sales the said commissioners, or a majority of them, shall hereby have power and authority to make, sign, and execute all necessary writings, deeds, or conveyances to the purchaser or purchasers, and which shall vest in the purchaser or purchasers as good title as the person or persons making said default had to the same at the time of making said assessment; and the said commissioners shall each receive for their services one dollar per day for each and every day they are actually engaged in the performance of their duties under this act. 4. And be it enacted, That the said commissioners shall have the power and authority to permit the owners of said lands, or such of them as shall desire to do the work necessary to be done on their part of said lands, in making, deepening, widening and clearing out that part of watercourses, ditches, outlets, and drains already constructed, or that shall hereafter be made through his, her, or their lands, and the same shall relieve him; her, or them so doing the same from assessment to the value of such work done; provided, the same shall be done within the time required by said commissioners, and in the manner specified by them. 5. And be it enacted, That the survey and map of a certain part of said lowland and bog meadow made by George Collver, Hazlet Slater, and Mahlon B. States, on file and of record in the office of the clerk of the county of Sussex, shall be adopted and taken by said commissioners as a survey and map of a part of said premises, with power and authority hereby conferred on said commissioners, or a majority of May make ad- them, to cause to be made such additional surveys and maps of said lands, watercourses, ditches, outlets and drains, and alterations in the former survey of a part thereof, as they in their judgment shall deem necessary to effectually carry into effect the objects of this act, and the costs and expenses thereof shall be assessed and paid, as hereinbefore provided. Survey and map now en file adopted. ditional sur veys and maps Commissioners to keep 6. And be it enacted, That the said commissioners, and record of pro- their successors, shall, in a book kept for that purpose, keep therein a full and complete record of their proceedings; also, copies of all contracts made by them, and a particular ac ceedings. . |