borough treasurer shall make an affidavit of such fact and shall file the same with the borough clerk, and the common council or other governing body of the borough shall, after inquiry into the facts of the case, direct the amount of such assessment to be paid into the treasury of such borough for the use of the person or persons to whom the same may be due, and the said moneys so placed in the said treasury shall be paid to the person or persons entitled to receive the same, but without interest, except from the time that a lawful demand shall be made therefor and payment thereof refused, and any person interested in the said moneys may make application to the circuit court of the county wherein such borough is situate, and the said court shall make inquiry on such application, and make such order in relation to the payment and distribution of the said moneys as may be just and equitable in the premises, and the said court may make such rules and regulations not inconsistent with the provisions of this act, for the practice or procedure thereunder, as shall be deemed expedient.

costs, damages,

owners of lands,

6. And be it enacted, That all assessments for costs, Assessments for damages and expenses which shall be incurred in the ., to be as opening, laying out or construction of any street, public sessed upon walk or drive, and protection of the same, or for the &c. improvement thereof made under the authority of this act, or any supplement thereto, shall be assessed by the said commissioners upon all the owners of land and real estate in the said borough peculiarly benefited thereby, in proportion as nearly as may be to the advantage each shall be deemed to acquire, and in case the costs, damages and expenses shall exceed the amount of the said benefits, such benefits shall be assessed upon and paid by such borough.

issue bonds to

damages, &c.

7. And be it enacted, That in order to provide for the Authorized to payment of the costs, damages and expenses which may provide for paybe incurred in making any public improvement under ment of costs, the provisions of this act, it shall be lawful for the common council or other governing body of the said borough in the name of said borough to issue its bonds in any sum not exceeding in the aggregate one hundred thousand dollars, to be designated "borough Amount. improvement bonds," which bonds shall run for any

porary improve

period not exceeding twenty years and bear interest at any rate not exceeding six per centum per annum, payable semi-annually, and may be sold and disposed of by the said borough at any sum not less than par, the proceeds of which shall be devoted exclusively to the payment of the costs and expenses of such improvements; and it shall be lawful for the said borough, in anticipation May issue tem- of the issue of such bonds, to issue temporary improvement certificates. ment certificates for a like amount, to run for a period not exceeding one year, payable with interest at a rate not greater than six per centum, which temporary certificates shall be paid out of the proceeds of the sale of the bonds hereby authorized to be issued, and all benefits assessed for improvements made under the authority of this act shall be devoted exclusively to the payment of the interest and principal due upon the bonds hereby authorized to be issued, and shall be paid to the commissioners of the sinking fund of such borough for that purpose, where sinking fund commissioners exist in any such city or borough, and where no such commissioners exist shall be held by the treasurer of said city or borough for this purpose, and may be invested from time to time as the common council or other governing body may direct; and it shall be the duty of the said common council or other governing body to provide by taxation such sum, in addition to the amount so assessed for benefits, in the annual tax levy of such city or borough, as will be sufficient to create a fund to pay the interest of the said bonds so authorized to be issued as it falls due, and the principal of the said bonds when they shall mature; and every such borough shall have authority to levy and collect taxes for this purpose.

commissioners.

Compensation of 8. And be it enacted, That the commissioners appointed by virtue of the provisions of this act shall receive such compensation for the services rendered by them as the common council or other governing body shall by resolution order and direct, not exceeding five dollars per day for each day's services rendered by them, and the same and all expenses incident to the execution of the provisions of this act shall be deemed part of the expenses of such improvement and be included in the cost of the same; and it shall be the duty of the commissioners

to estimate

appointed by virtue of this act, in making their report of Commissioners any assessment for benefits made by them, to estimate benefits. and state therein the cost of the improvement for which the benefits are so estimated and assessed, in which they shall include the costs authorized by this act.

mittee.

prepare plans

9. And be it enacted, That in all work done in construct- common council ing streets, walks and drives, and protection of the same to appoint comunder the authority of this act, or in improving the same, the common council or other governing body shall appoint a committee to be called the "committee on streets, walks and drives," to consist of not more than five members of said body, and the said committee, before proceeding to perform the said work or any part thereof, Committee to shall cause plans and specifications to be prepared therefor, and advertise for and shall cause public notice to be given by advertisement proposals. of the work needed to be done and the material to be used therefor, inviting bids or sealed proposals therefor at least ten days before awarding the same as hereinafter provided, in the papers publishing the official notices in such borough or county, and they may give such further publication thereof as they may deem proper and advisable, and at the time and place designated in such notice they shall receive and open sealed proposals for the work so to be done and materials to be furnished, and shall award the same to the lowest bidder therefor; provided, however, Proviso. that it shall be competent for the said committee to reject any and all bids so offered, if in their judgment the interest of the borough shall require such rejection, and they may advertise again for such sealed proposals in the same manner until the said work shall be finally awarded; contracts for all such work and material shall be made. in the name of the borough, and such regulations for letting such work and for securing the performance of the same, as the common council or other governing body may require, may be made, and all such contracts may be signed on the part of the borough by the mayor and attested by the borough clerk.

interest.

10. And be it enacted, That in case any assessment for Assessments for benefits, made under the provisions of this act, shall be benefits to bear paid on or before the expiration of the time limited in the notice herein directed to be given, no interest thereon shall be charged or collected, but if not paid within that

non-payment of assessments.

time, interest at the rate of seven per centum per annum shall be charged and collected from the date of the final confirmation of the report of the commissioners; and it shall be lawful for the common council or other govern. ing body in any such borough, by ordinance, to provide Sale of lands for for the sale of all lands and real estate on which such assessments have been made which remain unpaid for one year after the date of final confirmation; every ordinance passed for this purpose shall require notice to be given of the time and place at which such sale or sales shall be made, the officer or officers by whom the same shall be conducted, which notice shall not be less than four weeks; and every such ordinance shall provide for the redemption of such lands and real estate by the owner, mortgagees, judgment creditors and other persons having any estate therein, giving such person not less than six months within which to redeem the same after notice of the sale thereof, and shall provide also for the execution and delivery of proper deeds of conveyance therefor; all such proceedings shall be made to conform as nearly as may be with the provisions made for the sale of lands and real estate sold for taxes and assessments, adjusted and fixed under an act entitled "An act concerning the settlement and collection of arrearages of unpaid taxes, assessments and water rates and water rents in cities of this state, and imposing and levying a tax, assessment and lien in lieu and instead of such arrearages, and to enforce the payment thereof, and to provide for the sale of lands subjected to future taxation and assessment," passed March thirtieth, one thousand eight hundred and eightysix, and the supplements thereto; all conveyances made in pursuance of this authority shall convey to the purchaser or purchasers the title of the lands sold in fee simple, and the borough may be a purchaser at any such sale, with all the rights of a purchaser.

Proceedings to provisions of a

conform with the

certain act.

Use of streets, &c., may be regulated by ordinance.

11. And be it enacted, That where, in any borough, streets, walks or drives are laid out, protected and constructed under this act, the common council or other governing body may, by ordinance, regulate the use thereof, and enforce such regulations and rules as may be adopted by reasonable penalties which may be imposed for revenue.

12. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved May 7, 1889.

CHAPTER CCLI.

A Supplement to an act entitled "An act to provide for local improvement by sea-side associations," approved March twenty-ninth, one thousand eight hundred and seventy-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section one of the act to Section which this is a supplement, and which reads as follows:

"1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever it appears necessary, in the opinion of the board of trustees, directors, commissioners or other corporate authorities of any incorporated sea-side association, to open, lay out or improve avenues, streets and sidewalks, or either of them, or to construct cisterns and reservoirs for holding water for the extinguishment of fires or other purposes for public benefit, it shall be the duty of the said board of trustees, directors, commissioners or other corporate authorities, to first obtain the consent, in writing, of a majority of the lot-owners on the line of the proposed avenue, street or sidewalk to be opened, laid out or improved, or in case of a proposed construction of cisterns or reservoirs, a majority of the owners of lots within a radius of six hundred feet therefrom," be amended so as to read as follows:

amended.

When deemed necessary to lay

1. BE IT ENACTED by the Senate and General Assembly of w the State of New Jersey, That whenever it appears neces-out streets, consary, in the opinion of the board of trustees, directors, &c., consent of commissioners or other corporate authorities of any incor

struct cisterns,

lot owners to be first obtained.