The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-24

ess of the cost of the Improvement over the aggre
gate assessabe special benefits; but no assessment
shall be deemed defective by reason Of any mistake
in the names of the owners OF lands assessed, or
emitting the said names of any Of them; the clerk
shall publish aud post notices in the same way and
manner hereinbefore prescribed for publishing and
posting the petition for the Improvement and Its
companying notice, stating that the map and report
of the commissioners OF assessment have been filed
in his office, and that the board Of commissioners
will consider any objections to such report map and
assessment presented in writing on before day
named in such notice. to be fixed by the board of
commissioners which day shall be at least ten days
after the first pubca ion Of such notices. after con-
siderng such report, map and assessment, and such
objections as may have been presented against the
same, the said board of commissioners may confirm
such report map and assessment or, II deemed nee
essary may return the same to the commissioners OF
assessment for revision and correct ion, who shall re-
turn the same, corrected and revised. without I'M
necessary delay; and thereafter the board OF commits
soners may without further notice, confirm the said
report assessment and map.
r And be II enacted, That where in the act in
cooperating any incorporated town in this state gov
erned by board OF commissioners, or in any supple
ment thereto, any provision may be in conflict with
any provision contained in this act in the act to
which this is supplement, such provision contained
in this act in said act to which this is supple
ment, shall be construed as expressly repeating any
such act OF incorporation any supplement thereto
L. And be it enacted, That in II caseo in which
imprisonmentin county jail Is mentioned as mode
of punishment in any section of the act to which this
is supplement, such imprisonment may hereafter
be in the town lookup or in the town prison, or
the county jail in the discretion of the police JUS
tce
g. And be it enacted That il In any case arising
under the act to which this is a supplement- or any
supplement thereto, where the lands have been or
shall be condemned for any purpose, II snail appear
that such lands subject to any mortgage other
lien or incumbTance whatever, then the town heas-
urer other officer charged with the payment OF
damages awarded for such lands, shall deposit the
sum awarded with the clerk of the county in which
such lands situate who shall hold the same sub
ect only to the of the chancellor any circuit
judge sitting in equity and from and after such de
posit the fee simple Of such lands shall vest in the
town. free and clear of any claim of any owner there
of and of the lien OF any mortgage or other lien or
e1eumbrance.
6. And be it enacted, That the payment of damage
to the owners of the fee simple in any lands
in any proceedings in condemnation, shall be con-
strued extinguishng any curtesy or dover estate
therein previously existing.
T. And be it enacted That it shall be the duly of
the town collector of each town. before the first
day Of February in each year to make return in writ
ing to the clerk of the county in which such town Is
situate OF all unpsid taxes and assessments assessed
the preceding year real estate situate in his town,
setting forth against whom assessed the date descrip-
ton OF property the amount Of tax and assessment
thereon IL any assessment there shall be, to which he
shall affix oath or affirmation in writing to the
effect that the is just true, full and complete in
every particular as shown by his tax duplicate and
the book wherein assessments recorded. if any,
and in the said collector shall neglect refuse
to make such return he shall forfeit and pay to the
board of commissioners of such town the sum of
hundred dollars to be recovered in action con-
tract in any court of competent Jurisdiction either in
the corporate of such board, or in the name of
the town treasurer.
s. And be it enacted. That the county clerk, upon
receipt of such returns shall record the same at
length in the same books that are provided for the
recording of other taxes against real estate and the
clerk shall receive for such service the of FIVE
cents each in such return to be paid by the
town returning the same.
g. And be ii enacted, That in case such tax return
shall not have been made at the time herein provided
or in case name or names shall have been omitted
from such return, then in that such tax shall
cease to be lien upon such real estate as against
purchaser or MORTGAGE in good faith.
10. And be it enacted That the fees, charges and
expenses incurred for services rendered under Sec
tons eight and nine of this act shall be incud
ed in the amount to be paid by the delinquent, and
that upon the payment of such taxes costs and ex
penses collector who shall receive the shall
give a receipt for the amount paid in satisfaction
thereof to the person paying the same which receipt
shall be su cient evidence Of the payment of such
tax and that upon presentation thereof the clerk Of
the county shall satisfy such tax record in the
the record of mortgages is now by law sat
isied and shall file such receipt in his office.
IL. And be it enacted That any tax due on
any lands tenements, Entertainments real estate in
any town of this state may be under this act
in the manner prescribed herein.
IL. And be it enacted, That whenever ten or more
persons being freeholders, shall think any public
road street or any part OF any public road street
in any such town which hath been or shall be laid
ont unnecessary it shall be lawful for such persons
to make application in writing to the board OF town
commissioners of such town, having given previous
notice for at least ten days of such application and of
the meeting at which sHch application will be made
by advertisement under their hands and set up in at
least three OF most PuDllc places IN sucu tOWns
such board of commissioners, upon receiving proof Of
the proper setting up of such Advertisements shall
thereupon consider the same, and if a majority Of
such commissioners shall favor such application, the
shall be referred to the commissioners of
sessment, who shall report thereon in writing within
thirty days thereafter whether not in their judg
ment such application should be granted stating the
reasons why such application should should not
be granted upon the coming in OF such report, IL
majority Of such board of commissioners shall still
favor such application, they shall appoint meeting
at which they will consider any and all objections to
the granting OF such application that may be presen
ted to them In writing, and shall at least ten
days notice of such meeting to be served upon all
of lands in front Of which such road street
part of road or street proposed to be vacated shall
run upon the occupant occupants of such lands
and II any OF such lands shall be pied and the
owner or owners thereof not resident in such town.
then such notice may be mailed to the post-ofce adj
dress of any and every such owner, if the
be ascertained, ten days before such meeting; the
post. Office address Of any such owner shall be I'M
known then such notice shall be published in
paper published in such town for the space OF two
weeks next prior to such meeting copies of such ten
days notice shall be put up along the line of such
road street part thereof proposed to be vacated
at points not three hundred feet apart; after
giving opportunity for the hearing of objections to
such proposed vacation if twothirds OF the members
of such board of town commissioners favor the same
they sha pass ordinance to that effect and upon
the taking effect Of such ordinance such roads
street or part of road street shall thereupon be-
come vacated and cease to be public highway
49, And be it enacted, That in addition to the
powers conferred upon such boards of town commiss
a supplement- they shall have power to pass, adopt
alter modify and repeal ordinances for the following
purposes to prescribe and define the duties OF fire
comm issoners and to prescribe and limit their terms
to less term than five years. provide for and reg
ulate the sprnklng Of the streets OF the town and
the collection Of the expense thereof of andown
in front Of whose lands the same is done, as other
taxes collected, payment of the same out Of
the town treasury, they may determine; to pro-
vide for and regulate the trimming OF any and all
trees whose branches may overhang any street or
alley Of the town, the trimming cutting down Of
any trees that may stand within the limits
any street alley of the town. and the cutting down
OF any tree trees standing private property out
side of the limits Of any street alley, which may
overhang In any way be deemed dangerous to pass
ersby bat the enumeration Of powers in this section
shall not be construed repeating or in anywse linn
iting the powers heretofore conferred upon such
boards of toner's. by any act whatsoever
less the shall be In direct conflict herewith.
Il. And be it enacted That any proceedings here
tofoIe hereafter instituted under the provisions OF
section fifteen of the act to which this is supple
ment at any time prior to the passage Of the resolu
tion mentioned in said section, and any proceedings
under the provisions of section seventeen Of said act
at any time prior to the entering in toany cOntrac
under saidsecon in relation thereto may be recalled
discontinued, cancelled and holden for naught upon
the passage Of ordinance repeating the ordinance
ordering the improvement asked for in such proceed
ings il shall have been passed, II ordinance
shall have been passed. then upon the passage of
resolution declaring that such proceeding shall from
thenceforth be recalled discontinued cancelled and
holden for naught.
10. And be Ii enacted That this act shall take eff
feet Immediately.
o