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the sidewalks of the said town, and cause the same, or such part thereof as they may deem necessary, to be paved, flagged, gravelled and curbed, or either of them, at the expense of the several owner or owners of the improved property of said town adjoining said sidewalks; and in case any owner or owners shall neglect or refuse to comply with and carry out any such regulations or ordinances touching the sidewalks in front of and opposite their improved lots of land, then that said commissioners may cause the same to be done and carried out by their workmen, laborers or agents, keeping a particular account of the expenses attending the same, to and with reference to the several owners of such improved lots respectively; and in default of payment of such expenses by any such owner or owners, then the said board of commissioners, by their above mentioned title of office, may sue for and recover the same in any court of competent jurisdiction, which moneys when recovered shall be by them applied to carry out the purposes of this act; and the said commissioners shall have power to cause to be constructed, enlarged, repaired and extended any culverts, sewers, drains or ditches in or along any of said streets or roads, and therein or thereby to divert, receive and discharge the drainage of said streets and roads, with reference to the greatest public convenience and doing the least private injury possible.

ers not to re

sation.

6. And be it enacted, That no compensation shall be paid Commissionto any of said commissioners for their services, that they shall ceive compennot have power to levy any tax or make any assessment upon the owners of real estate or other inhabitants of said town, excepting only for the construction and repairs of sidewalks against the several owners of improved property for the amount of the construction and repairs of such parts thereof as may lay in front of and adjoining to the improved property of such respective owner or owners; that the taxes which shall hereafter be assessed, levied and collected upon and from the taxable inhabitants of said town, and upon the real estate therein, for roads, or for the improvement or repairs of roads by the officers of the township of Bridgewater, shall not be applied to the roads without the boundaries of said town, but that the assessor and collector of the said township shall hereafter assess and collect upon and from the taxable inhabitants of said town, and on all lands liable to be taxed therein, the road tax which shall have been ordered to be raised at the previous annual township election, in the same manner as the same have been heretofore assessed, levied and

collected, and it shall be the duty of the collector or collectors of said township to pay over the amount of the road tax by him or them received, which shall have been assessed and collected upon the taxable inhabitants of said town and upon all lands liable to be taxed therein, to the treasurer of the said commissioners, to be expended and applied by them in carrying out the purposes of this act, and for this purpose the said assessor of said township shall, by some convenient mark in his duplicate, designate the road taxes of the taxable inhabitants of said town; and in case of any dispute respecting such designation, or of the apportionment of said road taxes, the same shall be determined by the commissioners of appeal in cases of taxation of said township.

Approved March 25, 1863.

How to proceed when tenant is unknown.

CHAPTER CCLXII.

AN ACT for the partition and sale of real estate where some of the owners are unknown.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That where real estate is held by coparceners, joint tenants and tenants in common, some or any one of whom are unknown, the others, or either one or more of them, may commence a suit by bill, for partition, in the court of chancery, in the same manner as if all the owners of such real estate were known, making such unknown owner or owners of said real estate a party or parties thereto, by a publication, according to the law and practice of said court in case of absent defendants, under the order, said order describing such real estate in such manner and terms as will identify the same, (by abuttals and boundaries or otherwise,) and naming the ancestor or other person last owning the said real estate in severalty, of the chancellor, in one or more of the newspapers of this state, or elsewhere, directing such unknown owner or owners to appear, plead, answer or demur to the said bill, within such time as the chancellor shall direct, not less than six months from the date of such order, which order shall be published, as aforesaid, within twenty days from the date thereof, and continued in said

newspaper or newspapers at least once each week, to within ten days of the expiration of the time limited to appear, plead, answer or demur, and at the expiration of the time limited in said order, the chancellor shall make such decree against said unknown owner or owners as if they were known to the court, and as may be equitable and just, and shall have power to decree a partition of said real estate among the owners thereof, in the same manner as if all were known and by name had been made parties to said suit, and if the court shall be unable to determine the estates of such unknown parties, then the chancellor shall make partition among those owners whose estates can be ascertained, in such manner as may in his judgment be equitable, and so that the owners of such ascertained estates shall hold their respective shares in severalty, and in case it shall appear to the chancellor that the said real estate is so circumstanced that such partition thereof cannot be made without great prejudice to the interests of the owners thereof, then the chancellor shall have power to decree a sale of said real estate, and to direct the execution of a deed or deeds therefor, to the purchaser or purchasers, which deed or deeds shall convey all the right, title and estate of all the owners of said real estate, ascertained and unascertained, as completely and effectually as if all the owners were by name made parties to said bill, and as such brought before the court, and after such sale, the chancellor shall decree the distribution of the moneys arising therefrom among the owners of said real estate, in such shares as they may be entitled to, and shall invest, under the direction and control of said court, such portion of the proceeds of said sale as may belong to those owners who are unknown to the court, for the benefit of such owners, and shall order the payment thereof from time to time, to those who are entitled to receive the same, and as they shall be ascertained by the court.

how to pro

2. And be it enacted, That in the proceedings aforesaid Chancellor, the chancellor shall be governed by the rules and practice of ceed. said court, and by the provisions of existing laws, in the partition and sale of real estate, in suits in partition in said court, except only as the same may be inconsistent with this act, and all estates by curtesy and dower in said real estate may be sold by the decree of said court, and a certain sum be ordered to be paid in lieu thereof, or a certain share of the proceeds of the sales of said real estate be invested for

Costs, how adjusted.

the benefit of the person or persons entitled to such estate, in the same manner as existing laws provide.

3. And be it enacted, That the chancellor shall make such order for the payment of the costs and expenses of the proceedings aforesaid as the practice and authority of said court in suits in partition and sale therein will permit, and as he shall deem equitable and just.

4. And be it enacted, That this act shall take effect immediately.

Approved March 25, 1863.

Expenses under former act how paid.

CHAPTER CCLXIII.

Supplement to an act entitled "An act for the defense of the
State," approved May tenth, eighteen hundred and sixty-

one.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That all expenses incurred or which shall be incurred under and by virtue of the act to which this is a supplement, shall be paid by the treasurer, on the warrant of the governor, out of any moneys derived from loans made by virtue of the act entitled "An act authorizing a loan for the purposes of war, to repel invasion and suppress insurrection, and appropriating the same and providing for the payment thereof," approved May tenth, eighteen hundred and sixty-one, and the supplement thereto, commonly called the "war fund;" provided, that the whole expenses authorized to be incurred by this act shall not exceed one million dollars. 2. And be it enacted, That whenever the governor, attor chase articles. ney-general and quartermaster-general, or any two of them, shall determine that articles authorized to be procured by the act to which this is a supplement, should be purchased without public advertisement, such articles may be purchased in open market or by private contract.

Certain offcers to pur

3. And be it enacted, That this act shall take effect immediately.

Approved March 25, 1863.

CHAPTER CCLXIV.

AN ACT concerning county clerks.

duties of

1. BE IT ENACTED by the Senate and General Assembly of Powers and the State of New Jersey, That on and after the passage of clerks. this act, the clerk of the court of common pleas in the counties of Bergen, Cumberland and Atlantic, shall be and the said clerk is hereby authorized, during his continuance in office, to perform all the duties and exercise all the powers belonging to the office of a commissioner for taking the acknowledgment and proof of deeds; and each clerk aforesaid, upon taking any acknowledgment or affidavit, by virtue of the powers conferred by this act, shall affix to his signature the words "county clerk."

2. And be it enacted, That this act shall take effect immediately.

Approved March 25, 1863.

CHAPTER CCLXV.

AN ACT to extend the provisions of an act to prevent horses, cattle, sheep and swine from running at large in part of the township of Upper Alloways Creek, in the county of Salem.

act extended.

1. BE IT ENACTED by the Senate and General Assembly of Provisions of the State of New Jersey, That the act entitled "An act to extend the provisions of the act entitled 'an act to prevent horses, cattle, sheep and swine from running at large in the townships of Hackensack and Harrington, in the county of Bergen,' approved February twelfth, eighteen hundred and fifty-two," be and the same is hereby extended, and the provisions of said act shall hereafter apply and be in force throughout the following portion of the township of Upper Alloways Creek, in the county of Salem: all that portion of the township of Upper Alloways Creek being on the north

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