and such mortgage, or any sale by virtue of a foreclosure of the same, shall be valid and sufficient to transfer to the mortgagee or purchaser of such mortgaged premises, all the estate and interest of the said fire department in and to such mortgaged premises, as fully as if such mortgage had been made by an individual; and the said trustees for the time being shall and may apply the moneys raised by taxes for the use of said fire department, or such part thereof as they may deem expedient, for the purpose of paying the principal and interest of such mortgage or mortgages respectively. 8. And be it enacted, That this act shall be deemed to be Public act. a public act, and take effect on the first day of April next. Approved March 18, 1863. CHAPTER CLXXXI. A supplement to the act entitled "An act to incorporate the town of Phillipsburgh, in the county of Warren," approved March eighth, one thousand eight hundred and sixty-one. out lines of 1. BE IT ENACTED by the Senate and General Assembly of Council to lay the State of New Jersey, That it shall be lawful for the com- streets. mon council of said town to ascertain and establish the boundaries of all streets, lanes and alleys in said town, and to straighten the lines of said streets, lanes and alleys, and for that purpose may take and appropriate any lands and real estate which may interfere with the straightening of said. lines, upon making compensation to the owner or owners thereof, as is hereinafter mentioned and provided. council. 2. And be it enacted, That whenever the common council Powers of shall determine, by ordinance, to straighten the lines of streets, lanes or alleys, or lay out and open any new street, lane or alley within said town, or to make any sewer or drain in any part of said town, and to take and appropriate for such purpose any lands and real estate; they are hereby authorized to treat with the owner or owners thereof for the same, and for that purpose they may purchase such lands and real estate of the owner or owners thereof, and make such compensation therefor, as they shall judge reasonable, and Commissioners to make assessment of damages. shall receive from such owner or owners a conveyance of such lands and real estate to said town. 3. And be it enacted, That in case no agreement can be estimate and made for such purchase, it shall be lawful for the common council to appoint three disinterested freeholders, one of whom shall be a resident of said town, and two of whom shall be residents of the township of Greenwich, in the county of Warren, commissioners to make an estimate and assessment of the damages that any such owner or owners may sustain by taking and appropriating in the manner aforesaid such lands and real estate; and in estimating and assessing such damages, the said commissioners shall have due regard, both to the value of the lands and real estate, and to the injury or benefit to the owner or owners thereof, by making such improvement as aforesaid. To take oath. Notice to be given. Proviso. In case of nonpayment of damages. 4. And be it enacted, That said commissioners, before they enter upon the duties required of them, shall severally take and subscribe an oath or affirmation, before the mayor or clerk of said town, to make the said assessment and estimate fairly and impartially, according to the best of their skill and judgment. 5. And be it enacted, That said commissioners shall give public notice of the time and place of their meeting, by advertisement in seven public places of said town, and shall have power when met, or a majority of them, to examine witnesses under oath or affirmation, to be administered by one of them, to enter upon and view the premises, and to adjourn from time to time, and shall make a just and true estimate and assessment as aforesaid, and make and sign a certificate of the same, and file the same with the town clerk, and the same being ratified by the common council, shall be binding and conclusive on the owner or owners of said land and real estate; and the said common council shall cause the same to be converted and used for the purpose aforesaid; provided, that any person or persons conceiving himself, herself or themselves aggrieved by the proceedings of said common council may appeal, within sixty days from the time of making the final order of said common council, to the court of common pleas in and for the county of Warren, and said court shall order a trial by jury, to assess the damages sustained by the party aggrieved, the trial whereof shall be conducted as in other cases of trial by jury. 6. And be it enacted, That in case of non-payment, on demand, of any damages estimated and assessed as aforesaid, with interest from the date of the assessment, in case of no appeal as aforesaid, the person or persons entitled thereto may sue for and recover the same from the mayor and common council of said town, in an action of debt, with costs, in any court having cognizance thereof, and the said proceedings of the said commissioners and common council shall be conclusive evidence against the defendants. to be made taken. 7. And be it enacted, That the town treasurer shall, under Compensation the direction of the common council, tender and pay to the for lands owner or owners as aforesaid, if resident of the town, the amount of such estimate and assessment due to him or them, but if such owner is not resident in the town, or cannot be found therein, or is a lunatic, idiot, under age, or from any other lawful cause shall be incapacitated to receive the same, or if such owner shall not accept the same and sign a receipt therefor when tendered, then the said treasurer shall make affidavit of such facts, and file the same with the town clerk, and the common council shall direct the amount to be placed in the town treasury, for the use of the person to whom it may be due, without interest, on demand. 8. And be it enacted, That nothing in this supplement shall authorize the removal of any dwelling house in said town, nor shall the provisions of this act be construed to apply to the lands of the Trenton Iron Company, within the limits of said borough. 9. And be it enacted, That this act shall take effect immediately. Approved March 18, 1863. CHAPTER CLXXXII. AN ACT to provide for the recording of certain papers in the office of the Secretary of State. state to record 1. BE IT ENACTED by the Senate and General Assembly of Secretary of the State of New Jersey, That it shall be the duty of the papers. secretary of state, in addition to filing in his office the certificates of the organization under the general incorporation laws of this state, or of any acceptance of a special charter, or the location or survey of any road, or any other agree ment or paper by law required or authorized to be filed in said office, to record said agreement or other papers in a book to be provided for such purpose, at the proper charge of the party or parties for whom the same is filed. 2. And be it enacted, That this act shall take effect immediately. Approved March 18, 1863. Preamble. Acknowledgment to be valid. CHAPTER CLXXXIII. AN ACT to confirm the acknowledgments and proofs of deeds, WHEREAS, it appears to the legislature that Meline W. Bon- 2. And be it enacted, That this act shall take effect immediately. Approved March 18, 1863. CHAPTER CLXXXIV. AN ACT to authorise the inhabitants of the township of Clinton, in the county of Essex, to raise money. may raise 1. BE IT ENACTED by the Senate and General Assembly of Township the State of New Jersey, That the inhabitants of the town- money by tax. ship of Clinton, in the county of Essex, are hereby authorized and empowered, at their next annual town meeting, to raise by tax the sum of twenty-eight hundred dollars, in the same manner as other moneys are raised for township purposes, for the purpose of refunding any moneys that may have been advanced or raised by loan, in said township, as a township bounty fund, and paid to volunteers in the United States service, in the army or navy of the government. pay over 2. And be it enacted, That the collector of said township Collector to shall over the sum so raised, to the township committee, money. pay to be by them applied to the payment of any moneys borrowed for the purpose aforesaid. 3. And be it enacted, That this act shall take effect immediately. Approved March 18, 1863. CHAPTER CLXXXV. AN ACT to revive the act entitled "An act to incorporate the completed. 1. BE IT ENACTED by the Senate and General Assembly of When to be the State of New Jersey, That the act entitled "An act to incorporate the Middletown and Keyport Turnpike Company," approved March fifteenth, eighteen hundred and fifty-nine, be and the same is hereby revived and reenacted, except that the said road may be commenced within three years and completed within six years from the passage of this act. |