in which the original appointments were made, but for the unexpired term only. 2. And be it enacted, That any board of health now existing in such cities shall be deemed, held and taken to be the board of health created under the provisions of this act, and every such board is hereby perpetuated and continued, and is hereby authorized, without reorganization, to exercise all the powers and required to perform all the duties applicable to boards of health under the laws of this state; the members of every such board shall continue in office until the expiration of the terms for which they were originally appointed; and all ordinances, rules and regulations heretofore adopted or passed by any such board of health as aforesaid which might be adopted or passed under the authority of this

act shall continue to be the ordinances, rules and regulations of such board and shall be of the same force and validity as if they had been actually adopted or passed under the provisions

and authority of this act.

3. And be it enacted, That the said boards of health in said cities are hereby authorized to grant and regulate permits and fix the fees to be paid therefor. 4. And be it enacted, That said boards of health in said cities be and are hereby empowered to pass, enact, alter, amend and repeal ordinances relating to the public health of said cities, and fix the amount of fines and penalties for the violation of said ordinances, and provide for the collection, appropriation and disbursement of the same; the method now in use by the boards of health in said cities for the passing, enacting, altering, amending and publishing ordinances in said cities to be the method used to pass, enact, alter, amend, repeal and publish the ordinances herein mentioned. 5. And be it enacted, That all acts and parts of acts which in anywise conflict with the provisions of this act, be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXX. An Act to amend an act entitled "An act relating to certain contracts for the lease or conditional sale of railroad equipment and rolling stock, and providing for the record thereof," approved the eighth day of March one thousand eight hundred and eighty-three, and to provide that certain contracts shall not be effected by the act entitled "An act requiring contracts for the conditional sale of personal property to be recorded," approved the ninth day of May, one thousand eight hundred and eighty-nine. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That section one of the act approved the eighth day of March, one thousand eight hundred and eighty-three, be amended so as to read as follows: 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever any railroad or street railway equipment and rolling stock shall hereinafter be sold, leased or loaned on the condition that the title to the same, notwithstanding the possession and use of the same by the vendee, lessee or bailee shall remain in the vendor, lessor or bailor until the terms of the contract, as to the payment of the installments, amounts of rentals payable, or the performance of other obligations thereunder, shall have been fully complied with, such condition shall not be valid as to any subsequent judgment creditor or any subsequent purchcaser for a valuable consideration without notice, unless: First. The same shall be evidenced by writing, duly acknowledged before some person authorized by law to take acknowledgments of deeds; Second, Such writing shall be recorded in the office of the secretary of state whenever the vendee, lessee or bailee is a corporation operating its line in more than a single county, and in case where the vendee, lessee or bailee is a corporation operating its line in a single counting, then in the same book as mortgages of goods and chattels are recorded in the office of the recorder of deeds of such county. Third. Each locomotive or car so sold, leased or loaned shall have the name of the vendor, lessor or bailor, or the assignee of such vendor, lessor or bailor plainly marked upon both sides thereof, followed by the word owner, lessor, bailor or assignee, as the case may be. 2. And be it enacted, That the provisions of the act of the general assembly entitled "An act requiring contracts for the conditional sale of personal property to be recorded" approved the ninth day of May, one thousand eight hundred and eighty-nine, shall not be construed to apply to railroad and street railway equipment and rolling stock which shall be the subject of contracts of the kind specified in the first section of the said act as hereby amended. 3. And be it enacted, that this act shall not be held to apply to any contract heretofore made of the character described in the first section hereof, and this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXI. A Supplement to an act entitled "An act to establish a system of public instruction" Revision, approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That whenever any county superintendent shall receive satisfactory evidence that the president or district clerk of any school board in his county has neglected or refused to perform any officical duty assigned to him by law, he may declare the office of such president or district clerk vacant; provided, that due notice of his proposed action shall be sent by him to any such president or district clerk, who shall have opportunity to present satisfactory reasons for such neglect or refusal, and that the office of such president or district clerk shall not be declared vacant until the expiration of three weeks from the date of said notice; and provided further, that the action of the county superintendent shall be approved by the state superintendent of public instruction. 2. And be it enacted, That whenever the board of education of any school district in this state, acting under the provisions of the act to which this is a supplement, shall order the calling of a special meeting of the legal voters of the district, a notice thereof specifying the day, time, place and object of said meeting, shall be posted by the district clerk on each schoolhouse within the district, and at such other public places as shall be deemed necessary, at least ten days before the date of said meeting; provided, that at least seven notices shall be posted within the district, but it shall not be necessary to have the notices calling a regular or special meeting published in the newspapers; and provided further, that no business shall be transacted at any special meeting except such as is stated in the notice calling such meeting. 3. And be it enacted, That hereafter the payments to county superintendents for expenses incurred by them in the discharge of their official duties may be made semi-annually. 4. And be it enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXII. Supplement to an act entitled "An act to support the organizations in the several townships of this state," 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 it shall be lawful for the several townships of this state having a population of five thousand inhabitants or over according to the last census, in which are located apparatus for the protection of property from loss by fire, to appropriate at an annual meeting, or at any special meeting to be called for that purpose, a sum of money not exceeding fifteen hundred dollars in any year for and towards the support and maintenance of said apparatus, and the organizations using the same, and which sum so appropriated shall be levied and collected in the same manner as other taxes are assessed and collected for township processes. 2. And be enacted, That this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXV. Supplement to an act entitled "An act concernign corporations" (Revision), approved April seventh, one thousand eight hundred and seventy-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That any sociey incorporated under the laws of this state, having for its object the relief of clergymen whose advancing years have a claim on the support of the church to which they belong, is hereby authorized and empowered, by a vote of not less than two-thirds of the trustees or directors of said society, to contract with any solvent corporation or corporations of any state of the United States of America, which corporation shall have for its object the same purpose, to assume all of the contracts, obligations, liabilities, policies, stipulations and promises of the said corporation or society incorporated under the laws of this state, and to convey to said other corporation, in consideration of the assumption by the same of the contracts, obligations, liabilities, policies, stipulations and promises of the society incorporated under the laws of this state, all of the moneys, properties and assets of said corporation; provided, however, that before the said act of the trustees or directors of said society shall become operative, and before said tract shall be entered into and said conveyance made, the said act of the directors shall be ratified at the annual meeting of the members of the said society. 2. And be it enacted, That this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXIX. A Further Supplement to an act entitled "An act concerning corporations," approved April seventh, one thousand eight hundred and seventy-five. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That whenever any incorporated company shall become insolvent, or shall suspend the ordinary business of the said company for want of funds to carry on the same, it shall not be lawful for the directors or managers of the said company, or for any officer or agent of the said company, to sell, convey, assign or transfer any of the estate, effects, choses in action, goods, chattels, rights or credits, lands or tenements, of the said company; nor shall it be lawful to make any such sale, conveyance, assignment or transfer in contemplation of the insolvency of any such company, and every such sale, conveyance, assignment or transfer shall be utterly null and void as against creditors; provided always, that in case of a bona fide purchase made for a valuable consideration, before the said company shall have actually suspended the ordinary business of the said company as aforesaid, by any person having no knowledge, information or notice of the insolvency of the said company, or of the sale being made in contemplation of the insolvency of the said company, such purchase shall not be invalidated or impeached. 2. And be it enacted, That this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXVI. An Act to authorize cities of the second class to erect and make additions to hospitals for contagious diseases, and to provide for the maintenance thereof. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That the common council or other legislative body of any city of the second class, whenever it is by it deemed necessary, may purchase land in said city and erect a building or buildings thereon to be used for a hospital for contagious diseases; the plan or plans for such building or buildings and specifications thereof shall, before the same are adopted, or the building or buildings erected, be approved by the mayor, the common council or other legislative body, and the board of health of such city; and for the purpose of obtaining means for erecting said building or buildings and for purchasing the necessary land, the said common council or other legislative body may issue and sell bonds of said city to an amount not exceeding twenty-five thousand dollars, said bonds to bear interest at a rate not exceeding five per centum per annum, and the principal to be paid within ten years and the proceeds applied for the purposes aforesaid. 2. And be it enacted, That after the said building or buildings shall be completed, the same shall be in charge of and under the direction of the local board of health of said city, and for the purposes of conducting the same the board of health of said city shall annually certify to the common council or legislative body having power to pass the annual tax ordinance of such city the sum considered necessary to maintain the said hospital for the ensuing year, and the said common council or other board shall incorporate in the annual tax ordinance the above amount or what part of it may to them seem best, and the treasurer of said city shall pay such amount to the local board of health, to be used by it for the payment of the current expenses of maintaining and conducting such hospital and the care and maintenance of the patients confined therein; and the said common council or other legislative body may, whenever considered necessary by the local board of health, pay over to such board such additional sum or sums as shall be required to pay the current expenses of such hospital, such additional sum or sums to be borrowed and inserted in the next tax ordinance. 3. And be it enacted, That this act shall take effect immediately. Approved March 5, 1895.

CHAPTER LXXXVII. A Supplement to an act entitled "An act respecting the orphans' court and relating to the powers and duties of the ordinary and the orphans' court and surrogates," approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That where a sale has been made for the payment of debts of the testator or intestate by an executrix or administratix, by order of any orphans' court and confirmed by such court and a deed has been given in pursuance of such sale and recorded, such sale and conveyance shall be deemed valid and effectual in law notwithstanding such executrix or administratix may have married pending such proceedings and executed such conveyance by her name mentioned in the letters testamentary or of administration issued to her. 2. And be it enacted, That this act shall take effect immediately. Approved March 5, 1895.

CHAPTER XC. An Act to validate and confirm proceedings for the formation of borough governments had and taken under the provisions of an act entitled "An act for the formation of borough governments," approved April fifth, one thousand eight hundred and seventy-eight, and the acts amendatory thereof or supplemental thereto. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That no proceedings had or taken for the formation of a borough government under the provisions of an act entitled "An act for the formation of borough governments," approved April fifth, one thousand eighth hundred and seventy-eight, and the acts amendatory thereof or supplemental thereto, shall be taken or held to be invalid or inoperative, because the petition of the inhabitants of the district incorporated or to be incorporated, presented to a judge of the court of common pleas, as in the said acts directed, shall have failed, or shall fail, to set forth or state that the district described in the said petition embraced a territory or area not to exceed four square miles and did not contain a population exceeding five thousand, or because the other made on the presentation of the said petition recites that it is made by the court or in the name of the court, instead of by or in name of the judge of the said court who signed the said order, or because of any other irregularities or errors in the proceedings taken under the said act for the formation of such borough; provided, however, that in any suit or judicial proceeding which has been or may be brought to test the validity of such proceeding, or the validity of the incorporation of such borough, it shall be made to appear either by the record of of the said proceedings, or by other proof, that such petition was signed by the persons and in the manner required by the said act; that the territory described in the said petition did not embrace an area to exceed four square miles and did not contain a population exceeding five thousand; that an order for the said election was made upon the presentation of the said petition, signed by the judge of the court of common pleas of the county within which the district described in the said petition is situated, and that the order for said election and the notice thereof was published as required by law, and that the said election was held at the time and place designated therein, and that at such election a majority of the votes cast for and against the incorporation of the said borough were cast in favor of the incorporation thereof. 2. And be it enacted, That tall acts and parts of acts inconsistent with this act, be and they are hereby repealed, and that this act shall take effect immediately. Approved March 5, 1895.

CHAPTER XCI. An Act to establish public parks in certain counties in this state, and to regulate the same. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in any country of this state containing a population of more than two hundred thousand it shall be the duty of the justice of the supreme court presiding in the courts of such county, as hereinafter provided, to appoint five persons a board of commissioners to be known as "the ----- county park commission" (inserting the name of the county in and for which such commissioners are appointed); the commissioners first appointed under the provisions of this act in any county shall hold office respectively for the term of one, two, three, four and five years, as indicated and fixed in the order of appointment, shall be so appointment for the full term of five years; vacancies in the said board happening by resignation or otherwise shall be filled by such justice, and the persons appointed to fill such vacancies shall be appointed for the unexpired term only; such persons so appointed, when duly qualified, constituting such board of park commissioners, and their successors; are hereby created a body politic, with power to sue and be sued, to use a common seal and to make by-laws; the members of any such board shall serve without compensation; their necessary expenses shall be allowed and paid, and no person employed by the said board shall be a member thereof; before entering upon the duties of his office, each of the members of said board shall take and subscribe an oath or affirmation, faithfully and impartially to perform the duties of his office, which oath or affirmation shall be filed in the office of the clerk of the county wherein the board of which he is a member is appointed; every such board shall annually choose from among its members a president, vice president and treasurer, and appoint a clerk or secretary and such other officers and employees as it may deem necessary to carry out the purposes of this act; it may also determine the duties and compensation of such appointees and remove them at pleasure, and make all reasonable rules and regulations respecting the same; every such board shall have a suitable office, where its maps, plans, documents, records and accounts shall be kept, subject to public inspection, at such times and under such reasonable regulations as the board may determine. 2. And be it enacted, That every such board shall have power to acquire, maintain and make available to the inhabitants of the county wherein it is appointed, and to the public, parks and open spaces for public resort and recreation, and shall have power to locate within the limits of said county such public parks and places, and for these purposes shall have power to take in fee or otherwise, by purchase, gift, devise or eminent domain, lands and rights in lands for public parks and open spaces within said county; deeds of conveyance therefor shall be made to the said board by its corporate name, and it shall be the duty of such board to preserve and care for, lay out and improve any such parks and places, and to make rules for the use and government of the same; such boards shall have power also to connect any road, park or public open space with any other park or public open space, and also with any city or municipality of the said county by a suitable roadway or boulevard, and for this purpose shall have power to exercise any of the rights and powers granted by this act in the manner herein prescribed, and also to take or acquire in fee or otherwise in the corporate name of the said board for the benefit of the said county, by purchase, gift, devise or eminent domain, any lands or rights in land, easements or interests in lands within the said county, although the lands so taken, or any part thereof, be already a street or way, and to construct and maintain along, across and upon and over the same, or any other land acquired by the said board under this act, roadways, parkways or boulevards; provided, however, that the concurrence of the common council or other body having authority over highways shall be necessary to take or appropriate any portion of an existing street or road. 3. And be it enacted, That the said board, before proceeding to purchase or condemn lands for a public park or place, shall determine upon the location and quantity of land to be included in any park or place, and cause a survey thereof to be made and a map showing the lands to be embraced therein, which map shall be kept by the said commissioners in their office, and the boundary lines of every such parkr or place shall be recorded in a book to be kept for that purpose by said board; and before laying out and opening any roadway, parkway or boulevard, they shall cause a survey of the same to be made and a map thereof to be filed in their office, showing the termini of the said roadway, parkway or boulevard, inluding the courses and distances, the names of the several owners or reputed owners of land through which the same will pass, so far as the same can be ascertained, and the streets or roads which may be included therein; provided, however, that the said board shall not be obliged to disclose such locations, surveys or maps to public inspection until it has taken proceedings to condemn lands or rights in lands necessary therefor. 4. And be it enacted, That when the said board shall deem it proper to acquire lands or rights in lands for any public park or place which they have located, as herein provided, and the said board or its agents duly authorized cannot agree with the owner or owners of such lands and rights in lands, as to the price and terms of the purchase thereof, or when by the legal incapacity or absence of such owner or owners, no agreement can be made for the purchase thereof, a description in writing of the lands or rights in lands so desired, with the name or names of the occupants, if any there be, and of the owner or owners, and other parties interested, if known, and their residences, if the same can be ascertained, by the board or its agents, shall be presented to one of the justices of the supreme court of this state, who shall thereupon cause such board to give notice thereof to the persons interested, if known, and in this state, or if unknown, or cannot be found, or out of this state, to make publication thereof as he shall direct, for any period not less than ten days; and assign a particular time and place for the appointment of commissioners as hereinafter provided, at which time, upon satisfactory evidence to him of the service or publication of such notice, he shall appoint under his hand three impartial and judicious freeholders, residents in the county in which such lands or rights in lands are situate, to examine and appraise the said lands or rights in lands and assess the damages, upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, not less than ten days; and it shall be the duty of the said commissioners (having first taken and subscribed an oath or affirmation before some person duly authorized to administer the same, faithfully and impartially to examine the matter in question, and to make a true report and appraisement as aforesaid in writing, according to the best of their skill and understanding) to meet at the time and place appointed, and to proceed to view and examine the lands or rights in lands, and to make a just and equitable appraisement and assessment as aforesaid, to be paid by the said board, which report shall be made under the hands of the said commissioners, or any two of them, and within fifteen days thereafter, together with the description of the lands or rights in lands, and the appointment or oaths or affirmations aforesaid shall be filed in the clerk's office of the county within which such lands are situate, to remain of record therein, and thereupon, and on payment or tender of payment of the amount so awarded to the party or parties entitled thereto, the said board is authorized and empowered to enter upon and take possession of the said lands and rights in lands; and all titles thereto for the purpose for which the same is taken shall, upon payment, or tender, pass from the said owners and parties interested to the said board in trust for the said county in and for which they are appointed; and in case of any dispute between any owner or other party interested as to their respective rights or shares in and to the sum so assessed and ascertained under this act, then the said board is authorized to pay the sum assessed to the clerk of the county in which said lands are situate, to be paid out and disbursed to or among the parties entitled to the same, by the order of the circuit court of the said county, upon the application of any one or more of the said parties interested, on due notice to the others; and the said justice shall, upon the application of either party, or on reasonable notice to others, tax and allow such costs, fees and expenses to the commissioners or other persons performing any legal duty in the premises as he shall think equitable and right, which shall be paid by the said board; and if any or all of the said owners or other parties interested shall be absent from this state, or under any legal incapacity that disqualifies them from receiving legal payment of the money awarded, then it shall be the duty of the said board to pay the amount awarded to such person or persons, to the clerk of the county in which said lands or rights are situate; and it shall be the duty of the said clerk to receive the same, to be paid to the parties entiteld thereto by the order of the circuit court of the said county, upon application made therefor, and every and all of such payments to the clerk shall be equivalent to payment to the parties entitled thereto, and shall operate to transfer the title of the said lands or said rights in lands to the said board, as if payment was made directly to the said parties; provided always, that should the said board, or the owner or owners of said lands or rights in lands feel aggrieved by the report and award of the said commissioners, they, or either of them, may appeal from the said appraisement and award in respect to their interests therein, to the next circuit court of the county wherein the said lands are situate. 5. And be it enacted, That every appeal from the appraisement and award of the said commissioners shall be made in the form of a petition to the said court, and notice thereof shall be given to the other parties within fifteen days after the filing of the commissioners' report and award, which proceedings shall vest in the circuit court the authority and power to hear and determine the question of the value of the land or rights in lands and the damages sustained, if any, and thereupon the said court shall direct a proper issue to be framed between the said parties for the trial of the said question, and order a jury to be struck for the trial of the same, and a view to be had of the premises by the said jury, and the said issue shall be tried upon like notice and in like manner as other issues of fact are tried in said court; and it shall be the duty of the said jury to assess the value of the said land in question or rights in land, and the damages sustained, if any; and the party or parties appealing shall recover costs in such suit, if they shall succeed at the trial on the appeal in changing the valuation or assessment in his, her or their favor, and shall pay costs, if they shall fail so to do, but no appeal shall prevent the said board from taking the land upon filing the commissioners' report and award, and payment or tender to the parties of the amount thereof, as herein provided; that upon the verdict of the jury fixing the value of the lands or rights in lands and damages, the court shall enter judgment for the amount thereof, with or without interest and costs, according to the provisions of this act and the principles of law applicable to the trial of similar issues in other cases, and the judgment so entered shall be the sum which the owner or owners and other persons interested are entitled to have from the said board for the said lands or rights in lands and damages, and may be enforced in manner and form similar to other cases in which judgment is pronounced in the said court, and when the commissioners' award is paid by the said board into court, as hereinbefore provided, it shall be the duty of the court to order the moneys so paid into court applied to the payment of the said judgment, and the surplus, if any, repaid to the said board. 6. And be it enacted, That the said board shall have power and authority not only to lay out and open roadways, parkways and boulevards, connecting parks and open spaces as herein provided, but shall have authority to establish the grade of such highways, and change and alter the same, to grade, curb, flag, pave and otherwise improve the said parkways, roadways and boulevards, and to regulate the use thereof.

7. And be it enacted, That whenever the said board shall determine to open and lay out a boulevard, parkway or roadway, or to make any improvement thereof which shall require the condemnation of lands or rights in lands, the said board shall give notice by publication, at least ten days, in one or more of the newspapers circulating in the county wherein the lands to be condemned are situate of its intention to apply to the circuit court of the said county for the appointment of three disinterested commissioners to make an appraisement of the value of the lands and rights in lands necessary to be taken in the judgment of the said commissioners, and the damages occasioned thereby, for the opening and laying out of any boulevard or roadway, or for the improvement thereof; and also to ascertain, fix and determine the amount of the special benefits whichc the laying out of the said street or the improvement thereof will confer upon any owner of property benefited thereby, and at the time and place specified in such notice the said court shall appoint three disinterested freeholders resident in the said county to make a just and true appraisement of the value of the lands or rights in lands to be condemned and taken by the said board, for the purposes specified in the said notice and the damages, and also to make a just and true estimate and appraisement of the special or peculiar benefits which the opening of any such boulevard, parkway or roadway, or the improvement thereof, may confer upon any owner of property benefited thereby, in proportion, as nearly as may be, to the benefit which each owner may be deemed to acquire; and the said commissioners, when so appointed shall forthwith take and subscribe an oath for affirmation, faithfully and impartially to perform the duties imposed upon them by law, and such oath or affirmation shall be filed in the office of the clerk of said county; and the said commissioners shall fix a time and place when they will hear the persons interested in the property to be taken and appropriated as aforesaid and in the benefits to be conferred by the proposed improvement, of which time and place public notice shall be given by the said commissioners for at least ten days prior to the day of meeting in two or more of the newspapers published and circulating in the said county, and after having viewed the premises and heard the parties interested, the said commissioners shall proceed to estimate and fix the value of the lands and rights in lands taken and the damages caused by such taking, and also ascertain and determine the amount of special or peculiar benefits conferred upon the owners of property benefited by the said opening or improvements, in proportion, as nearly as may be, to the benefits which each owner shall be deemed to acquire, and to make report of their assessments to said court; the said commissioners may report the damages awarded by the benefits assessed in any case in the same report or separately as they may determine, and upon the coming in of any such report, signed by the said commissioners, or any two of them, the said court shall cause such notice to be given as it shall direct of the time and place of hearing any objections that may be made to such award or assessment, and after hearing any matter which may be alleged against the same, the said court shall, by rule or order, either confirm the said report or refer the same to the same commissioners for revision and correction; and the said commissioners shall return the same, when referred to them again, corrected and revised, or make new report thereof to the said court without unnecessary delay, and the same, on being so returned, shall be confirmed or again referred by the said court in manner aforesaid, as right and justice may require, and so from time to time until a report shall be made or returned in the premises, which the said court shall confirm, and such report, when so confirmed, shall be final and conclusive, as well upon the said board of commissioners as upon the owners of any land and real estate, or rights therein affected thereby, and the said court shall thereupon cause said report so confirmed to be filed in the office of the clerk of said county, there to remain of record; and the said court shall have power and authority to make such rules for the regulation of the practice and procedure under this act as shall be deemed expedient and consistent with its provisions; the said court shall, upon application made by the said board or on its behalf, fix and determine the compensation to be paid the commissioners so appointed, and allow any other expense necessarily incurred in making any such assessment, all which shall be paid by the said board of park commissioners; provided, however, that the cost and expense of making any assessment for benefits, including the fees of commissioners, may be included in making up the entire cost for the purpose of such assessment. 8. And be it enacted, That in every case in which damages are awarded under the provisions of this act to an owner or owners of lands, and benefits are assessed against the same owner or owners, it shall be lawful for the said board, when both the award of damages and the assessment of benefits have been finally confirmed, to deduct the amount of the benefits assessed from the damages awarded, and to set off such benefits against such damages by proper charges and credits, in order that the excess of damages, if any, shall be paid, and the excess of benefits, if any, only collected. 9. And be it enacted, That any person or persons to whom an award shall be made as aforesaid, subject to the deductions for benefits assessed as aforesaid, may sue for and collect the said award after the same shall have been confirmed as aforesaid, in an action of debt against the said board in any court of competent jurisdiction, and a certified copy of the award so made shall be presumptive evidence of the claim sued upon. 10. And be it enacted, That it shall be lawful for the said board to collect the assessments for benefits so made as aforesaid, either by a suit in an action in debt in the name of the said board against the person or persons from whom such assessment is due, together with the costs of making the same, and interest at the rate of six per centum per annum from the date of confirmation, or by a sale of the property benefited, or by both of the said remedies, which are to be cumulative, and every such assessment shall be a first lien upon the property benefited as ascertained by the said commissioners, to the amount of the assessment so made as aforesaid, with the interest and cost from the date of the confirmation of such assessment. 11. And be it enacted, That all sums of money received from assessments for benefits shall be set apart by the said commissioners and devoted exclusively to the payment of bonds or obligations issued on its requisition, for the purpose of providing a fund to meet the expenditures of the said board and to the payment of the interest thereon.

12. And be it enacted, That any or all assessments which may be made under and by virtue of this act for benefits conferred shall be and remain liens upon the lands and real estate benefited as aforesaid, from and after the time when the same shall be confirmed, and any such lien shall remain until the same shall be fully paid; and if any such assessment shall remain in arrear for a period exceeding six months after confirmation, suit may be brought for its collection as aforesaid with interest and costs, and the said board may proceed to advertise said lands and real estate upon which any assessment may be a lien to be sold at public auction at the court-house of the said county, on some day not less than two months distant, between two and five o'clock in the afternoon; that such advertisement shall be published at least once each week for a space of at least three weeks next preceding the said sale, in two of the newspapers published and circulating in the said county; such advertisement shall be the only notice required, and shall contain the names of the owners of land in default, if the same be known, if not, shall state the name of owners to be unknown, and shall give the amounts due from them respectively, with a short description of all lands and real estate to be sold, and at the time and place of said sale, said lands and real estate shall be openly sold to the person or persons who will take the same for the shortest period of time, not exceeding fifty years from the date of sale, and pay to the said board before the close of the sale the full amount due upon said unpaid assessments, for interest thereon from the time when the same was confirmed, at the rate of six per centum per annum, together with such sum as the said board may fix and determine to be a fair proportion of the expenses of advertising, conducting and making such sale; in the event that any purchaser shall neglect or refuse to make payment aforesaid, he shall forfeit all claim to said lands and real estate, and the same shall be resold by the said board upon like advertisement as aforesaid; the said board may adjourn any such sale from time to time by making proclamation thereof, and proceed therewith on the adjourned day, and the said board shall make and deliver to any purchaser at any such sale, who shall have made payment aforesaid, a certificate of sale, signed by its officers thereunto duly authorized, and sealed with the seal of the said board, which certificate shall be acknowledged or proved according to law, and shall set forth as concisely as may be, the facts of said assessment, advertisement and sale, together with a short description of the lands and real estate sold, the amount actually paid therefor by the purchaser and the length of time for which he shall have purchased the same; every such certificate shall, before its delivery, be recorded in one of the books to be kept from the board for this purpose; such certificate may be assigned by deed or assignment under seal, duly acknowledged as aforesaid, and every such assignment may be recorded in the books of said board upon the payment of a fee of one dollar therefor; every owner of land and real estate so sold, his, her or their legal representatives, or any mortgagee or mortgagees thereof, or any judgment creditor or creditors, having a legal or equitable interest therein, may, by payment to the said board, for the benefit of the said purchaser, his heirs or assigns, of the amount originally paid by the said purchaser, and of any tax or assessment which such purchaser may have paid, and of which he may have given written notice to the said board, with interest on all such payments at the rate of ten per centum per annum, redeem the said lands from the lien so imposed, but in case no such redemption is made the said board shall, at the expiration of the said period of three years, upon the surrender of any such certificate, execute and deliver to the purchaser, his legal representatives or assigns, a declaration of sale, to be executed in the same manner as the certificate of sale, and to be duly proved or acknowledged, stating therein briefly the facts of said assessment, advertisement and sale, giving a short description of the lands and real estate sold, and the time for which the same was sold; said declaration of sale shall be recorded in the books of the said board, and also in the record of deeds in the office of the register of said county, upon the payment of a fee of one dollar in each case; and until the recording of such declaration the time for redeeming said lands and real estate shall remain open, notwithstanding the expiration of the said term; every such declaration of sale shall be presumptive evidence in all courts and places that such sale and proceedings were in all respects regular and according to law; and such purchaser or purchasers, 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 all persons claiming under them, until the said term mentioned in the said declaration shall be fully completed and ended; every such purchaser so holding shall be liable for any injury or waste done or committed in the same manner and to the same extent as a tenant for years, but no mortgagee whose mortgage shall have been recorded or registered before any such sale shall be divested of his rights in and to the said lands and real estate, unless after notice shall have been given to him by any such purchaser for a period of six months (such notice to be in writing), such mortgagee shall neglect to redeem the said lands and real estate by paying the amount actually paid by such purchaser, including taxes, and including assessments subsequently made, with interest at the rate of six per centum from the date of payment, and also any costs or charges which he may have been by law obliged to pay; notice to every such mortgagee shall be served personally, if he be a resident of the said county, if not, it shall be addressed to him by mail at his place of residence, as stated in the said mortgage or any assignment thereof; every such mortgagee holding a lien on lands sold redeeming as aforesaid, may collect the amount paid as a part of the debt due, and every such person shall be entitled to receive and hold by assignment the declaration of sale, as evidence of such payment, and as further security for the repayment of the sum so paid, with interest.

13. And be it enacted, That lands and real estate which are not bid off and sold when offered for sale, or for resale, according to the provisions of this act, shall be struck off to the said board by its corporate name, for the longest term for which such sale is authorized to be made, and said board may hold said lands and real estate and sell, assign and dispose thereof and use the proceeds of the same in the same manner as directed in the case of moneys paid for the benefits assessed, and such board shall have in relation to the said lands so struck off to it all the rights and privileges of a purchaser at such sale.

14. And be it enacted, That to meet the expenses incurred under the provisions of this act in addition to the sum of money received from benefit assessments as herein provided and otherwise, the board of chosen freeholders of the said county shall, from time to time, on the requisition of said board of park commissioners, in the name and on the credit of the said county, borrow money by issuing the bonds of the said county to a sum in the aggregate not exceeding two million five hundred thousand dollars, such bonds to run for a term not exceeding fifty years, to bear interest at a rate not exceeding four per centum, payable semi-annually; such bonds shall not be sold or disposed of at less than their par value, and may be made payable at any place which the said board of chosen freeholders may determine and they shall also determine the form of the bond; a sinking fund shall be established by the said board of chosen freeholders on the issuing of any such bonds sufficient, with the accumulations thereof, to extinguish the principal of the said bonds so issued when due; the interest and principal of all bonds issued under the authority of this act shall be the debt or obligation of the county wherein they are issued and the payment thereof shall be provided for by taxation in the same manner that other debts and obligations of the county are provided for by taxation.

15. And be it enacted, That where sinking fund commissioners exist in any county in which such board commissioners shall be appointed under this act, and any such bonds issued, such sinking fund commissioners shall have the care and custody of the funds to be provided for the extinguishment of such bonded debt, but if no sinking fund commissioners shall exist therein, then it shall be the duty of the board of chosen freeholders of such county to provide for the care of such fund, and it shall be the duty of the officers of the county charged by law with the raising of moneys for county purposes to provide annually in the tax levy for the interest which may fall due during the succeeding year on any bonds issued under the authority of this act, and also each year to provide by taxation a fund sufficient, with the amount received from benefit assessments by the said board of park commissioners which shall be turned over for this purpose by said commissioners, and the accumulations of the sinking fund thus provided, to pay and extinguish the principal of all such bonds when they mature. 16. And be it enacted, That all lands taken or held under this act for the purpose of public parks shall be forever kept open and maintained as such; and no steam or other railroad shall be laid out on, or maintained or operated in or on, any portion of the parks, open spaces, boulevards, parkways or roadways laid out and located under this act except at such places and in such manner as the said board of park commissioners shall in writing duly approve.

17. And be it enacted, That every such board shall have power and authority to make rules and regulations for the government and use of all such parks, open spaces, boulevards, parkways and roadways, and to enforce the same by prescribing and affixing for the violation thereof suitable penalties, not exceeding fifty dollars for each offense; such rules and regulations shall be plainly printed and posted within such parks and public places or on such boulevard and other highways; and the said board shall have power and authority to sue for and collect the penalty prescribed and affixed for any violation of the rules and regulations so made in an action of debt in any court of competent jurisdiction; all fines and penalties recovered as aforesaid shall be used by the said board for the same purposes and in the same manner as other funds provided for its use.

18. And be it enacted, That any city or municipality within such county, or any local board in such city or municipality, having control of the parks or streets therein, is hereby authorized and empowered to transfer the care, custody and control of any park, public place or street under its care or control to the said board of park commissioners for the purposes of this act, with its consent, which consent such board of park commissioners is hereby authorized to give. 19. And be it enacted, That upon the appointment of commissioners in any county under the first section of this act, the commissioners appointed in any such county under the act entitled "An act to establish boards of county park commissioners, and to define their powers and duties," approved May eighth, one thousand eight hundred and ninety-four, shall turn over to the board appointed under this act all their maps, plans and other property, and their powers shall terminate, except for the purpose of closing up their work.

20. And be it enacted, That all acts and parts of acts both general and special inconsistent with this act be and the same are hereby repealed, and that this act shall take effect immediately; provided, however, that none of the foregoing provisions shall take effect in any county, nor shall the commissioners to be appointed under the procisions of this act, be appointed in any county, until the acceptance or rejection of this act shall have been submitted as herein provided, to a popular vote; such submission shall be made, and the vote hereinafter provided for taken, at the next election whether general, municipal, or special, wherein the people of all the county qualified to vote, are authorized to vote for local officers, and it shall be the duty of the county clerk at least ten days before any such election, to give public notice by publication in two or more newspapers published and circulating in the county that such submission will be made at the ensuing election, stating briefly the question to be submitted as herein provided, and it shall be the duty of the said clerk to provide ballots sufficient in quantity for the legal voters of the said county, not less than five to each legal voter as the number of voters appears by the last preceding election, and make distribution thereof as far as practicable in the manner provided by law for the distribution of other ballots at such election; every such ballot shall contain either the words "for the new park bill" or the words "against the new park bill," and an equal number of each kind of ballots shall be so printed and distributed; and the legal voters of said county may at such election decide upon the acceptance or rejection of this act by the use of such ballots, such ballots shall be cast at such election, separate and distinct from other ballots used at such election, and shall not except as herein provided, be regulated by the lwas regulating ballots used in the election of public officers, such ballots however, shall be deposited when offered without being enclosed in an envelope by any legal voter in the ballot boxes used at such election for the election of public officers; and all ballots so cast for or against this act shall be counted and the result thereof returned by the election officers holding such election as herein provided, and the acceptance or rejection of this act shall be determined by the result of such election, and if there shall be found on a canvass of all the votes cast to be made as herein procided, a majority of ballots in favor of this act, then this act, but not otherwise, shall take effect immediately in such county; the return and certificate of the result of votes cast in every election district or voting precinct in such county for and against the acceptance of this act shall be filed forthwith after the close of the said election by the officers conducting the same, with the clerk of the county wherein such election is held, and it shall be the duty of such clerk to tabulate the said returns and canvas the votes so cast in all the election districts in said county and certify upon such tabulated statement the number of votes cast against the acceptance of this act, and he shall file such tabulated statement with his certificate thereon in his office there to remain of record; and it shall be the duty of the said clerk within five days after the filing of such tabulated statement and certificate in case the same shall show that this act has been accepted in such county, to deliver a certified copy of the said tabulated statement and certificate to the justice of the supreme court presiding in the court of such county; and it shall be the duty of the said justice within ten days thereafter to appoint the commissioners which he is authorized by this act first to appoint; all expenses incident to this election properly certified by the president judge of the court of common pleas of such county shall be paid by such county wherein such election is held as other election expenses therein are paid. 21. And be it enacted, That this act shall take effect immediately as regards the submission thereof to a popular vote as aforesaid. Approved March 5, 1895.

CHAPTER XCII. A Supplement to the act entitled "An act respecting sewerage and drainage," approved March twentieth, one thousand eight hundred and eighty, and to provide for the payment of the cost of sewers heretofore constructed, without authority of law, in or by and for town and townships.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall be lawful for the town council, township committee or other governing body of any town or township in the state, if deemed by them best for the interest of the same, or any part thereof, to build and construct one or more main sewers in said town or township and thence to tide-water, or to some other outlet sewer or sewers leading thereto, across the territory of adjoining or other municipalities intervening between such towns or townships and tide-water or outlets as aforesaid, with the necessary laterals and appurtenances thereto, first making and entering into contract or contracts in the name of said town or township for the building and construction of said sewers and with the owners of lands necessary to be occupied or crossed thereby, and with such municipalities for permission for such occupation or the use or crossing of their streets and highways respectively for such occupation, or with the owner or owners of any sewers built or building by the owners of land advisable to be connected therewith.

2. And be it enacted, That all outlet sewer or sewers leading to tide-water across intervening territory aforesaid and necessary laterals and appurtenances aforesaid, or any of them, including such connecting sewers last above mentioned, if contracted for, shall be treated and regarded as parts of such main sewers, and all costs and expenses attending their construction or price shall, for the purpose of assessment, be included in and form part of the cost of any main sewer in connection with which it shall be built, to be collected from property benefited according to the provisions of the act respecting sewerage and drainage, to which this act is a supplement as aforesaid; provided, that no such sewer or sewers shall be so constructed as to empty or discharge any of its or their contents into any creak, stream, lake, pond or water course, the waters of which are used for or connect with waters used for the supply of water to any aqueduct, water main or reservoir of any city, township or other municipality of this state.

3. And be it enacted, That whenever there has heretofore been constructed or contracted to be constructed by the governing body of any town or township any sewer as aforesaid, whether within or beyond the territorial limits of such town or township, which has in fact been accepted by such governing body, or to raise and pay the cost of which or any part thereof, bonds of said township have been issued or agreed to be issued and delivered, but for the construction of which sewers and issue of which bonds there existed at the time of such delivery or contract for the same, no valid statute or law authorizing the same, or where the validity of such statute is disputed or doubtful, it shall be lawful for said town council, township committee or other governing body to issue bonds of said town or township in lieu of or in exchange for such bonds before delivered or contracted for, and to deliver the same to the holders thereof, or persons entitled thereto, taking up and canceling any such first-issued bonds, and paying any interest due thereon out of the general fund of said town or township; any person having right to receive such original bonds may require such issue, substitution or delivery; and further, that in order to raise the costs and expenses agreed to be paid by such town or township for the construction of said sewer or sewers or the said outlet or outlets, connection or connections therewith, or the remainder thereof, it shall be lawful for the said town council, town committee or other governing body to issue, if in their judgment expedient, bonds in the corporate name of such town in such amount as may be necessary for that purpose; and all bonds contemplated by this act may be registered or coupon bonds, shall bear interest at a rate not exceeding six per centum per annum, shall be payable severally in not more than twenty years from their date, and shall not be sold or disposed of for less than their par value.

4. And be it enacted, That this act shall take effect immediately. Approved March 6, 1895.

CHAPTER XCIV. An Act to enable towns, villages and municipalities governed by boards of commissioners or improvement commissions to construct sewers through tide-water creeks or water courses within their corporate limits.

1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That in any town or village or in any municipality governed by a board of commissioners or improvement commission in this state wherein any tide-water creek or water course now exists into which sewers and drains now empty, it shall and may be lawful for the governing body of any such municipality, whenever they deem the same necessary, to cause to be constructed through such tide-water creek or water course an inclosed sewer to receive the sewage from the sewers and drains emptying into such creek or water course, and from such point in such creek or water course or from such boundary thereof to such point in said creek or water course, or to such outlet of the same as shall be determined upon as most advisable and expedient, or upon any of the tide-waters or other waters bounding upon such town, village, or upon such municipality governed by the commissioners or improvement commission into which the sewers thereof now enter; and further, to cause such creek or water course to be thereupon filled up, and such governing body are hereby invested with full power to locate and construct such sewer in manner aforesaid, together with all necessary drains, pumps, docks, dams, tide-water banks and such other works as they shall deem necessary either upon or across any private lands or other place, with full powers of condemnation of any lands taken for the purpose aforesaid. 2. And be it enacted, That the costs, damages and expenses of such improvement, including the cost and real estate required therefor as hereinafter provided, shall be assessed upon all the property benefited thereby in like manner as the costs, damages and expenses of constructing other sewers constructed by any such municipality are or may be assessed; provided, whenever the benefits of such improvement are extended to other property by the building of lateral sewers or connections, there shall, in like manner, be assessed upon such property a just portion of the costs, damages and expenses of such improvement, which assessment may be made in connection with an assessment for such lateral sewers, or as an independent assessment.

3. And be it enacted, That the costs, damages and expenses of constructing such improvement, including the cost of real estate acquired therefor, beyond the amount assessed for special and direct benefits, shall be paid by the municipality constructing any such sewer, and such municipality may issue its bonds to the amount not exceeding in the aggregate the total cost of said sewer, and of the lands acquired thereof, in like manner as bonds are issued by such municipality for the payment of the costs, damages and expenses of other sewers constructed by any such municipality. 4. And be it enacted, That when any such improvement shall be located upon any lands other than public highways or streets, and such land or any easement, right or estate therein, shall be necessary for the construction of said sewer and appurtenances, then it shall be lawful for any such municipality as aforesaid to acquire the said land by purchase, or by condemnation; and in case condemnation proceedings are necessary, they shall award the owner or owners of such land just compensation therefor, and for the damages sustained by said land owners over and above any special benefits derived from said sewer, and shall add the amount of such compensation to the cost of building or constructing such sewer and works; before fixing the compensation in any case, such governing body shall notify the owner or owners of the land sought to be taken for the purpose aforesaid, to the end that such owner or owners may have full opportunity to be heard upon the question of the value of such land; the award or compensation shall be final, unless such governing body reconsider the same and make a new award, or unless said owner or owners within twenty days after notice of the amount fixed as compensation for said land shall, on two days' notice to such governing body, apply to the circuit court of the county wherein such improvement is located for the appointment of three disinterested freeholders residing in said county, to review the assessment for the value of the land to be taken and damages sustained thereby, whose report shall be made to said court within twenty days from and after their appointment, and upon the confirmation by said court of such report and assessment for damages so made as aforesaid by said freeholders, the same shall be final and conclusive unless either party shall, within ten days after confirmation of said report, appeal to the circuit court of the county, which is hereby invested with full power to direct an issue and try such appeal by jury, and to make such order as may be necessary therein; such award shall bear interest at the rate of five per centum per annum from the date of making the same until paid. 5. And be it enacted, That the money for such improvement as aforesaid may be raised by any such municipality by sale of improvement certificates or temporary loans, or by bonds of such municipality, the issue and sale whereof for the purpose of this act are hereby authorized. 6. And be it enacted, That this act shall be deemed a public act and shall take effect immediately. Approved March 6, 1895.

CHAPTER XCVI. An Act respecting the assessment of taxes to cities of the first class in this state. 1. Be it enacted, by the Senate and General Assembly of the State of New Jersey, That it may be lawful in cities of the first class for the board having charge of the assessment of taxes in said city, with the approval of the mayor of said city, to make such assessments by numerical block numbers, irrespective of the existence of ward or district lines. 2. And be it enacted, That this Act shall take effect immediately. Approved March 6, 1895.

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