raised by tax.

managing and keeping in repair and operation of the works for the ensuing year, and of the amount to be received during the same year for the use of water and Deficiency to be water rents, and of the deficiency, if any, of such receipts for the payment of such expenditures, and such water commissioners shall report the same in writing to said board of commissioners or other governing power of said town, and said deficiency said town shall raise by tax as other taxes are assessed, levied and collected, and said body shall, in case of any estimated deficiency, furnish a copy of such report to the board or officer, who by law is required to make assessments of taxes in said town.

May assess additional sum to cover losses.

Funds to be kept on deposit in bank.

To keep accurate account on Receipts, &c.

18. And be it enacted, That it shall be the duty of the said board of commissioners or other governing power of said town to add to the sum so reported three per centum to cover losses and contingencies, and to assess such sum so increased upon all the taxable property in said town in the same manner as other taxes are assessed, and said taxes shall be collected by the collector and other officers of said town who are by law required to collect taxes, and if not paid at the time required by law for the payment of other town taxes, shall be collected by warrant and by and in the same manner as other taxes are collected in said town, and shall be a lien upon the property whereon the same are assessed in like manner.

19. And be it enacted, That it shall be the duty of said water commissioners to keep all funds which may come to their hands on deposit with one or more of the banks located in said town, and they shall draw said funds by checks upon said bank or banks, to be signed by at least two of their number, which said checks shall specify briefly the purposes for which the same are drawn; and the said water commissioners shall keep accurate accounts of their receipts and disbursements in proper books, to be provided by them for the purpose, and which shall always be open for the inspection of the commissioners or other governing power of said town and their authorized agents; and which accounts shall be annually, in the month of March, audited by a committee of said board of commissioners or other governing power of said town, and a short abstract thereof shall be published with the annual statement of the town finances; every water

commissioner, at the expiration of his term of office, shall deliver to his co-commissioners all books and papers which he may have in his possession or custody by virtue of his said office; and all books and papers of said water commissioners, which are no longer currently needed by them, shall be deposited with the clerk of said town who is hereby required to keep them safely in his office but with liberty to said water commissioners at all times to examine the same in said clerk's office.

inoperative

to by majority of

thereof.

20. And be it enacted, That this act shall take effect Provisions of act immediately, but its provisions shall remain inoperative unless assented in any town in this state, until. assented to by a majority the legal electors of the legal electors thereof voting at an election to be held in said town, at any time to be fixed by the board of commissioners or other legislative body of said town, of which election the town clerk of said town, shall cause public notice of the time and place of holding the same to be given by advertisements signed by himself, and set up in at least five public places in said town, and published in one or more newspapers printed therein, for at least six days previous to the day of such election; and said clerk shall provide for each elector voting at such election, ballots, to be printed or written, or partly printed and partly written, on which shall be either the words

for the adoption for this town of the provisions of an act entitled 'An act to enable towns to supply the inhabitants thereof with pure and wholesome water,'

66

6

or

against the adoption for this town of the provisions of an act entitled An act to enable towns to supply the inhabitants thereof with pure and wholesome water; that the polls for such election shall be held at the usual places of holding the annual charter election in said town, and shall be opened at one o'clock in the afternoon and closed at six o'clock in the afternoon, and such election shall be conducted by the proper election officers of said town for the time then being, and in the manner as may then be prescribed by the ordinance of said town regulating elections therein, and such officers shall return to the board of commissioners or other legislative body of said town, a true and correct statement, in writing, under their hands, of the result of said election, the same to be entered at large upon the minutes of said body.

Unlawful to sell

or dispose of any

&c., to any

21. And be it enacted, That it shall not be lawful for any rights, privileges, town, corporation or board of water commissioners or person, town, &c. any other person or persons availing themselves of the provisions of this act or any supplement or amendments thereto, to sell or dispose of in any way any of the rights, privileges and franchises given, and the water thereof acquired to any other town, borough, village, city or corporation within this state, except the said corporation shall be located within said town or township wherein said town is located, and that it shall not be lawful to convey any of said waters beyond the limits of this state or sell or dispose of any of their rights, privileges and franchises to any person or persons or corporations for such purpose.

Not to apply.

22. And be it enacted, That this act shall not apply to any municipality of this state not named as a town in its act of incorporation.

Passed March 5, 1884.

Empowered to annul and re

institute proceedings.

CHAPTER XXXII.

An Act to authorize the amendment and re-institution of defective or illegal proceedings for laying out, opening, altering or closing streets and avenues in incorporated boroughs, towns and villages, and assessments on account thereof, and for the collection of said assessments.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever by reason of any informality or illegality in any proceedings of the board of commissioners, surveyor or other agent of any incorporated borough, town or village, or of the governing body thereof, in laying out, opening, altering, widening, or closing any street or avenue, or in the assessment of damages on account thereof, the same shall be liable to be set aside or contested, any board of commissioners or other governing body for the time being of such incorpo

rated borough, town or village, shall have power to annul and re-institute said proceedings from the point where such informality or illegality commenced or occurred; and no assessment shall be taken to be invalid in consequence thereof, and such proceedings shall be carried on and perfected from the point or place of such re-institution or amendment to the end as completely and effectually to all intents and purposes as if such informality or illegality had not occurred.

assessed upon

2. And be it enacted, That if any new assessment shall Costs to be be made under said re-instituted or amended proceedings, lands benefited. the person or persons authorized to make the same, shall assess upon all the tracts or lots of land and real estate benefited by such laying out, opening, altering, widening, or closing, such proportion of the costs, damages and expenses thereof as will be equal to the amount of benefits actually acquired by said lands and real estate from such laying out, opening, altering, widening or closing, proportioned equitably to the benefit each of said tracts or lots shall be deemed to acquire; and the balance of such costs, damages and expenses, if any, remaining unassessed, shall be a debt upon and paid by such incorporated borough, town or village out of moneys raised thereby for that purpose.

before re-institu

credit on new

surplus if any

3. And be it enacted, That if any assessment or assess-Assessment paid ments shall have been paid before such re-institution or tion, &c., to be a amendment of proceedings, the same shall be a credit assessment and on any new assessment, if any, which may be made under repaid. the said re-instituted or amended proceeding, and if the same shall happen to amount to more than such new assessment, the surplus shall be repaid.

certain time.

4. And be it enacted, That any assessment which may Assessment to be have been made, or which may hereafter be made under paid within the said proceedings, either originally or as re-instituted or amended, shall be paid to the said commissioners, or other governing body, or the treasurer of said incorporated borough, town or village, within sixty days after written demand thereof shall be made by said commissioners or other governing body, or their duly authorized agent for that purpose; and in case of neglect or refusal, List of delinsaid commissioners, or other governing body, shall make quents to be out a list of delinquents, and place the same in the hands

made.

Proviso.

of one of the justices of the peace of the township in which said borough, town or village is situated, who shall issue a precept in the nature of a tax warrant, directed to the marshal of the said borough, town or village, or one of the constables of the county, who shall proceed to collect the amount due from such delinquents in the same manner as township and county taxes are or hereafter may be authorized by law to be collected; provided, that before such warrant shall be issued, such justice shall be satified by the oath of one of the said board of commissioners or other governing body, that the amount claimed against such delinquent is justly due and unpaid, and that the same has been demanded as required by this act.

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

Approved March 5, 1884.

Proceeding when bonds of

be unable to

tion and oon

struction of bridge.

CHAPTER XXXIII.

A Supplement to "An act respecting bridges," (Revision.) Approved April tenth, one thousand eight hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of freeholders shall the State of New Jersey, That if two or more boards of agree as to loca- chosen freeholders shall be unable to agree as to the location or character of any bridge proposed to be erected at the joint expense of such boards, or as to the materials of which it shall be constructed; or if such boards shall be unable to agree as to whether a bridge already erected and out of repair shall be repaired or shall be rebuilt; or if they decide to rebuild, and shall be unable to agree as to the character of the new bridge, or the materials of which it shall be constructed, it shall be lawful for any one or more of the boards so disagreeing to certify such fact to one of the justices of the supreme court of this state; said justice shall thereupon summarily inquire into