improvements cannot be properly or suitably made without further legislation; therefore, for the purpose of causing a a plan for the execution of such improvements to be provided, and of obtaining more definite information concerning the same, of commis. vise plans for nues. 1. BE IT ENACTED by the Senate and General Assembly of Appointment the State of New Jersey, That upon application made by the stoners to deboard of chosen freeholders of the county of Hudson, in the public ave manner hereinafter directed, to the circuit court in and for the said county, the said court shall appoint seven judicious persons, being freeholders and residents of said county, to be commissioners under this act, whose duty it shall be to inquire, ascertain and report as hereinafter directed, concerning the expediency of laying out, opening and constructing in the county of Hudson, one or more prominent public avenues, roads or throughfares, that shall be of greater width and require other proceedings and regulations than are now provided by law for the laying out, opening and maintaining of public roads and avenues or streets in this state, and that shall afford better facilities for recreation and pleasure to persons who may wish to travel upon the same with teams, carriages, on horseback, on foot or otherwise, for purposes of business or for pleasure and recreation or either; and the said coinmissioners shall proceed to devise plans and general specifications for the location, width, manner of construction, maintenance, preservation, regulation and use of any such improvements, and also the mode in which the land and materials necessary for opening, constructing and maintaining the same ought to be acquired; they shall also estimate as nearly as they can, the cost of the land to be taken for the laying out of such improvements, also the cost of materials that shall be necessary to construct the same, together with the costs of construction and completion thereof; they shall also furnish an estimate of the probable annual expense for the proper maintenance, superintendence, repairs and ornamenting of any such public thoroughfare, avenue or road, as they shall recommend under this act, and of the grounds, promenades and walks pertaining thereto; the said commissioners shall keep a record of their proceedings and shall furnish in writing to the board of chosen freeholders of said county, on or before the fifteenth day of December next, a detailed report concerning the matters submitted to their investigation by this act, together with the proper drawings, plans and illustrations May employ adopted by them; the said commissioners shall also designate in their said report what further legislation will in their opinion be necessary and proper to carry into effect such plan or plans as they have adopted, and they may prepare a suitable bill for that purpose, to be submitted to the legislature; and it shall be the duty of the said board of chosen freeholders to transmit such report, drawings, plans and illustrations to the legislature on or before the first day of February, eighteen hundred and sixty-nine. 2. And be it enacted, That the said commissioners may in devising said plan and location for said improvement, include therein any roads or streets, or parts thereof already laid out opened or dedicated in said county, that may be advantageously included in said improvements, or be altered or widened so as to be adapted to the same. 3. And be it enacted, That the said commissioners shall so construct any plan adopted by them for said improvements, that the same shall not be inconsistent with, or necessarily require the alteration of the grades lawfully established in any parts of said county, for streets, by the proper municipal authorities. 4. And be it enacted, That the commissioners provided for engineers, &c. by this act, may employ one or more competent engineers, surveyors, draftsmen and other agents as they may require for accomplishing the duties assigned to them by this act, and the said commissioners and the persons employed by them as aforesaid, may at all proper times enter upon and survey any lands or waters in said county, in order to determine upon the proper locations, grades and construction of said improvements, and to make any examinations proper to accomplish the object of their appointment. Compensation By whom pald and how assessed and collected. 5. And be it enacted, That each of the said commissioners shall be paid for his services the sum of five dollars for each day he shall be actually engaged in the duties of his appointment; and every engineer, surveyor, draftsman or other person employed by said commissioners for the purpose contemplated by this act shall receive such compensation or wages for his services, as the said commissioners shall have agreed to allow for the same. 6. And be it enacted, That the said compensation for the servicees of the said commissioners, and of all persons employed by them pursuant to this act, shall be paid by the board of chosen freeholders of the county of Hudson, who shall include the same in their estimate of county expenditures for the ensuing year, and may provide for assessing and collecting the moneys deemed necessary to defray the said expenses, in the same manner as moneys required by them for ordinary county purposes are by law assessed and collected. must be certi 7. And be it enacted, That no claim for services required All claims by this act shall be audited or paid by the said board of chosen led by comfreeholders, unless the same is first certified to be correct and due by at least four of the said commissioners. missioners. ers must be 8. And be it enacted, That each of the commissioners ap- Commissionpointed under this act shall, before he enters upon his duties sworn. as such commissioner, be sworn before any person competent to administer an oath, that he will faithfully and honestly perform the duties required of him by this act, which oath shall be filed in the office of the clerk of said circuit court. how filled. 9. And be it enacted, That if the place of any such com- Vacancies, missioner become vacant by removal from the county of" Hudson, resignation, refusal to serve or to be sworn, or by any other cause, the board of chosen freeholders of said county shall at a regular meeting of the said board, appoint another person to fill the vacancy, who shall enter upon his duties as a commissioner, upon taking and filing the oath in the last preceding section mentioned. 10. And be it enacted, That any four commissioners shall be a quorum for the transaction of business; but not less than four concurrent votes or signatures shall be required to authorize and make the report directed by the first section of this act to be presented to the board of chosen freeholders. their appoint 11. And be it enacted, That the said board of chosen free- Manner of holders shall make the application to said court in writing, for ment." the appointment of seven commissioners to serve under this act, and such board of chosen freeholders shall accompany their said application with a list to be prepared by them containing the names of not less than twenty-four reputable and judicious freeholders, residents in said county, competent in the opinion of said board to perform the duties of commissioners under this act; and thereupon the said court shall at their discretion select any seven of the persons named in said list, who shall be by said court appointed to be the seven commissioners required to be by them appointed under this act. 12. And be it enacted, That this act shall take effect imme diately. Approved March 11, 1868. CHAPTER CXLVIII. An Act to incorporate the City of Bergen. TITLE I. Boundary lines. OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the city of Bergen shall hereafter consist of all the territory included within the following boundaries, that is to say: beginning at the most westerly corner of the city of Hudson, in the county of Hudson, where the New Jersey railroad crosses the Hackensack river; thence easterly along the centre line of the New Jersey railroad its several courses to the centre of Mill Creek; thence southerly along the centre of Mill Creek its several courses into New York Bay, until it intersects the boundary line of the state of New York; thence southerly along said boundary line of the state of New York until it intersects the dividing line between the township of Greenville and the city of Bergen; thence westerly along said line to the middle of the Hackensack river; thence northerly along the middle of the Hackensack river its several courses to the place of beginning, comprising the same territory heretofore known and incorporated as "The Town of Bergen," and the same is hereby formed into a city corporate, to be designated and Incorporation known in law as "The City of Bergen," and all the citizens of this state, who are now or hereafter may be inhabitants within the said limits, shall be and they are hereby constituted a body politic and corporate in law, by the name of "The Mayor and Board of Aldermen of the City of Bergen," and they shall have all the powers of a municipal corporation necessary for carrying out the objects and purposes of of city. this act, and may have a common seal, alterable at pleasure, and by the title "The Mayor and Board of Aldermen of the City of Bergen," may sue and be sued in any of the courts of this state. wards. 2. And be it enacted, That the said city shall be divided Boundaries of into four wards, in the manner following, to wit: First ward, beginning at a point where the centre of the New Jersey First Ward. railroad intersects the centre of the Hackensack river; thence in a southeasterly direction along the centre of said railroad to the centre of Mill Creek, being the Jersey City line; thence southerly along the centre of said creek to the centre of the Jersey City and Bergen Point plank road; thence westerly along the centre of said plank road to a point where it intersects the centre of Hudson avenue; thence northwesterly along the centre of Hudson avenue to Cedar Bush road; thence along the centre of Cedar Bush road to the centre of Monticello avenue; thence notherly along the centre of Monticello avenue until it intersects the centre of Fairvew avenue; thence northwesterly along the centre of Fairview avenue to West Side avenue; thence producing the centre of Fairview avenue in a straight line to the centre of the Hackensack river; thence northerly along the centre of said river to the place of beginning; Second ward, Second Ward. beginning at a point where the centre of Fairview avenue produced would intersect the centre of the Hackensack river; thence in a southeasterly direction along the centre of Fairview avenue produced to the centre of Monticello avenue; thence southerly along the centre of Monticello avenue to the centre of Cedar Bush road; thence easterly along the centre of Cedar Bush road until it intersects the centre of Hudson avenue; thence southeasterly along the centre of Hudson avenue until it intersects the centre of the Jersey City and Bergen Point plank road; thence in an easterly direction along the centre of said plank road to the centre of Mill Creek; thence easterly along the centre of Mill Creek to the Morris Canal; thence southwesterly along the centre of said canal to the centre of Communipaw avenue; thence in a northwesterly direction along the centre of said avenue to the centre of the Newark and New York plank road; thence westerly following the centre of said plank road to the centre of the Hackensack river; thence northerly along the centre of said river to the place of beginning; Third ward, begin- Third Ward. ning at a point where the Morris Canal intersects the centre of Mill Creek; thence following the centre of said creek |