Accounts kept

a majority vote of such joint meeting, as herein provided; said joint meeting shall at all times keep full and accurate by joint meeting. account of its receipts, expenditures, disbursements, assets and liabilities; an itemized or detailed statement in writing, signed by the chairman and secretary of such joint meeting, and countersigned by the treasurer thereof, shall be made and rendered at least once in each month, to each municipal body or board in its corporate name, represented in such joint meeting; such itemized or detailed statement shall include all sums of money expended in or about such contract work, or in any wise connected therewith, including the amount and date of payment, name of person to whom paid, for what paid, and such other matters as may be deemed necessary to include in such statement, and as the joint meeting or its chairman, secretary or treasurer may deem advisable or important to include therein; said statement shall also show the amount paid, and, as far as possible, the amour t to be paid by each of the contracting municipalities toward each item of expenditure therein included, and the total sum paid or to be paid by each of such municipalities, pursuant to the percentage fixed to be paid by each municipality, in the contract between them; all sums of money to be paid respecting said improvement or in any way relating to or arising out of the same shall be promptly paid by the several municipalities contracting, according to the percentage fixed in the contract or contracts between the several municipalities as aforesaid, each of such municipalities promptly contributing and paying its share thereof to the treasurer of such joint meeting.

Prompt payment.

Provision for

repairs, cleaning,

etc.

May pass through other municipalities.

4. In any contract made and entered into by municipali. ties pursuant to the provisions of this act, it shall be lawful to provide for the repair, rebuilding, operation, maintenance and cleaning, and the cost and expense thereof, of any outlet or trunk sewer or sewers, drains and appurtenances so built and constructed or of any sewer or system of sewers or drains forming a part of such outlet or trunk sewer system.

5. It shall be lawful for the municipalities jointly contracting, as herein provided, to jointly build and construct trunk or outlet sewer or sewers or drains, with all necessary appurtenances, to tide-water, or to some other trunk or outlet sewer or sewers or drains leading to tide-water, and for this purpose to pass through or partly through territory situate within the bounds of any other municipality, and it

agreement.

appoint

shall be lawful for such municipalities so contracting as
aforesaid, and they shall have full power and authority, to
construct such outlet or trunk sewer or sewers or drains and
appurtenances (upon such terms as may be agreed upon Terms of
between the jointly-contracting municipalities and the
authorities of such other municipality through the streets or
highways of which it is proposed to construct such outlet
sewer to tide-water; and in case no agreement can be made
between the said contracting municipalities and the authori
ties of the municipalities through the streets of which such
outlet sewer is to run, the circuit court of the county wherein Court may
the municipality through whose streets such sewer is to run commissioners.
is situate shall appoint disinterested commissioners to fix
terms upon which the contracting municipalities may use and
occupy the streets of the municipalities through which such
sewers shall run; such commissioners shall be appointed in
the same manner as is provided in section ten of this act, and
the findings of such commissioners shall be binding upon
all the parties to such proceeding, when confirmed by the
court aforesaid) along, under or over any water course, or
under or over or across or along any street, turnpike, road,
railroad, highway or other way or public park or grounds,
and in or upon private or public lands under water, in such
way and manner, however, as not unnecessarily to obstruct
or impede travel or navigation, and may enter upon and dig
up any road, street, highway or private or public land for the
purpose of constructing such outlet or trunk sewer or sewers
or drains and appurtenances, and for repairing and maintain-
ing the same, and with consent of the board or body having
control of the streets and highways in any municipality,
may alter or change the location or grade of any highway,
public street or way crossed or intercepted by such
outlet or trunk sewer or sewers or drains and appurte-
nances, constructed under the provisions of this act, and in
general may do all other acts and things necessary, con-
venient and proper in connection with the making and
maintaining of the improvements contemplated by the pro-
visions of this act; in case any such sewers or drains shall Regulations
be laid through or across any public street, highway or
public place, in a municipality other than those contracting,
or be cleansed, repaired or replaced therein, the work shall
be done under such reasonable regulations, if any, as may be
imposed by such other municipality with respect to like

applying to

other

municipalities.

Proviso

Contract for use of sewer may be made.

Further

be by resolution.

work done therein by itself, and such street, highway or public place shall be, as far as possible, restored to its original condition at the proper cost of the municipalities jointly contracting, and for whose benefit the work is done; provided, however, that nothing herein contained shall be construed to authorize such jointly contracting municipalities to discharge any such outlet sewer or sewers or drains in tide-water adjacent to or within the boundaries of any municipality of this state, until after a thorough and exhaustive examination of the locality of such discharge shall have been made by the state board of health, and a certificate from such board shall have been given to the governing body of such municipality certifying that in the judgment of such board, such discharge will not in any manner prejudice or impair the health or comfort of the inhabitants of this

state.

6. In case the municipalities so jointly contracting as herein provided shall, at any time after the execution of such joint contract, deem it expedient to contract with the authorities of any other municipality or municipalities, through or over whose territory or any part thereof such outlet or trunk sewer is intended to pass, for the construction of such outlet or trunk sewer or drains and appurtenances located within the territory of such other municipality, in such manner as may be agreed upon between such other municipality and the municipalities theretofore jointly contracting as herein authorized; or such jointly contracting municipalities may contract in writing with any such other municipality or municipalities for the privilege of connecting its or their sewers and drains with such outlet or trunk sewer so to be jo ntly constructed by the municipalities originally contracting for the constructing and building of such outlet or trunk sewer or sewers or drains in the manner authorized by this act; and it shall be lawful for the body or board of such other municipality or muncipalities to enter into a contract for such purpose, upon such terms and for such consideration and length of time as may be mutually agreed upon between all the contracting municipalities.

7. Whenever a joint contract shall be made and entered proceedings may into in writing and duly executed by two or more municipalities under the provisions of this act, all acts and proceedings which may be necessary to be thereafter taken by such municipalities, collectively in joint meeting, or singly

in their corporate capacity, relating to said public improvements, may be taken by resolution and not by ordinance.

8. No ordinance authorizing the making of a contract in Public notice of writing, between municipalities for the joint construction of contract must be such outlet or trunk sewer or sewers and appurtenances, given. under the provisions of this act, shall be passed by the governing body or board having power to construct sewers and drains in such municipality, until public notice shall be given in a newspaper published or circulating in such municipality, of the intention of such municipal or governing board or body to join in causing such public improvement to be made, and to that end it shall be the official duty of the clerk of such body or board, by direction of such body or board, to give such notice; the notice shall briefly describe the improvements proposed, and request such persons as may object thereto, to present their objections in writing at the office of such clerk and file the same with him, at or before the expiration of ten days from the date of the said notice, or to the said governing body or municipal board at its first meeting held after the expiration of said ten days, and said governing body or board of such municipality may, at such meeting or afterwards, proceed to consider and pass such ordinance, notwithstanding any objection, and thereafter the proceedings of such body or board regarding said ordinance shall be the same or as nearly as may be to like proceedings regarding ordinances passed by such body or board for the construction of sewers within such munici pality.

9. At any time after the execution of a contract by and between two or more municipalities in this state for the construction of an outlet or trunk sewer or sewers or drains and appurtenances as herein provided, and whenever such joint meeting of the municipalities shall deem it necessary, it shall be lawful for such municipalities, through the action by resolution of such joint meeting, to take and appropriate for the purposes of such improvements, any lands and real estate, either within such municipalities or any or either of them or beyond the limits of any of the same, and such contracting municipalities are hereby fully authorized to so jointly treat with the owner or owners thereof for the same; and such municipalities acting in joint meeting as aforesaid may jointly secure the rights of way or purchase said lands and real estate from the owners of the

Acquire land

after execution

of contract.

In case of no agreement,

circuit court to appoint commissioners,

upon

application.

same, and agree to make such compensation therefor as such joint meeting may deem reasonable, and shall receive from such owner or owners a conveyance of such lands and real estate in the joint corporate names or titles of such contracting municipalities.

10. In case no agreement for the securing of the rights of way or for the purchase of the lands and real estate which it may be necessary to take for the purposes aforesaid, can be made between such contracting municipalities in joint meeting aforesaid, and the owner or owners thereof, or when by the absence or legal or other incapacity of such owner or owners no such agreement can be made, or when the owner is unknown, the circuit court of the county in which such contracting municipalities are situated shall, on application in writing, made on behalf of such contracting municipalities, and after notice of the time and place of making such application, published at least ten days previous thereto in some newspaper published or circulating in such contracting municipalities, and in the municipality or municipalities wherein such lands and real estate are situate, appoint three disinterested commissioners to make an estimate and assess Their duties, etc. ment of damages as hereinafter mentioned; such estimate and assessment may embrace the lands and real estate of all owners with whom no agreement can be made; in case of the death, resignation, refusal to serve or disability of any commissioner so appointed, the vacancy shall be filled by said circuit court as soon as may be; the said commissioners, after having taken the oath required by section seventeen hereof, shall give notice, either by advertisement in some newspaper circulating as aforesaid, or by mailing the same to the last known post-office address of such owner, of the time. and place of their first meeting, at least ten days prior thereto, and said commissioners, when met, or a majority of them, shall have power to examine witnesses under oath, to be administered by any one of them, and to enter upon and view the premises, and to adjourn from time to time; and they, or a majority of them, shall make a just and true estimate and assessment of the damages that any such owner or owners will sustain by taking and appropriating, in manner aforesaid, such lands and real estate; and in estimating and assessing such damages, the commissioners shall have regard to the injury to the remaining land.