The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-11

upon the owners of land and real estate
benefited thereby. to be assessed there
proportion to the benefit each shall be
deemed to acquire, the balance Of
posed upon and borne by the city and
provided for by general taxation; or
the said Common council may, at its
option, provide that the entire expense
of any such Improvement shall be borne
by the city at large, and shall nave
power, within the limitations herein inn
posed, to provide therefor by taxation
81. And be il enacted, That it shall De
the duty of the common council to es-
tablish, by ordinance, the grades of the
several streets and alleys which now or
may hereafter be opened in such city,
and it shall not be lawful after the same
shall have been established, to alter the
grade OF any street or alley except by
ordinance, nor h any such ordinance
be passed until the common council shall
have caused a notice of such contem-
plated alteration to be served upon the
owners of lots fronting or bordering
upon that part of said street or alley,
the grade OF which is roposed to be
in two of the daily papers of such city;
which notice shall state the time when
the common council will proceed. to con-
slider said matter, which time shall not
be less than two weeks from the time
of serving OF first publication of said mo-
tice; at the time, said mater shall come
up for consideration of the common
council, all persons interested may ap-
pear and be heard by themselves or their
counsel for or against the alteration
proposed; all changes which such altera-
ton or grade may render necessary in
cutters, sidewalks, front fences or other
property of any landowner shall De made
by the common council at the time OF
altering such grade, and said common
council shall have a right to recover OF
any landowner who as an applicant Tor
such alteration the expense of making
such change in his or her gutter, side
walk. front fences or other property
together with costs of suit, by an action
of 6ahf i'm 4nU G0nTf 0f n0mn9TPnf 1nTla-
diction, in the name of any such city,
against such landowner for so much
money laid out and expended by them
for the use of usch owner, and declare
generally and give the special matter IN
evidence.
81. And be it enacted. That the COM
mon council are hereby authorized and
empowered to pass and adopt such afdfn-
ances, rules and regulations as togsaid
council may seem roper for regulRt3nRs
controlling and prescribing the manner
in which any sewer or drain constructed
by order of said council shall be used.
and the manner in which connections
herewith from any house, building, yard
or other place shall be made, and for the
keeping of the same in proper repair;
sewers and drains constructed under the
provisions of hits act shall be construct
ed in accordance with the maps and SUR
veyS made, or hereafter 10 De maze, Ior
g.. And be it enacted, That all ASSESS
ments upon lot owners In said city. which
lllhN bC lld4 y I'LL ~ ROES
by this act, or to be authorized by law,
shall be made upon the lots or subdiVl-
sions of lots as they stand recorded on
the city atlas; and in advertising the
same for such assessments or for taxes,
or in entering liens thereon, 1t shall pc
sufficient to describe SAID lots or sup
bers and streets by which they are diS-
tinguished on the city atlas, together with
the name or names Of the owner or Owl
ers thereof, as the same appears IN lhe
register by the city surveyor; II IN any
case the name of the owner or owners
is unknown, and cannot be ascertalneds
such assessments may be made against
the lots as designated, with the deciara-
ton that the owners name is unknown.
e3. And be it enacted. h whenever.
by the judgment of any court wherein
any certiorari has been, is or. ma be
brought, or IN assessment made unqer
the provisions of this act has been or
is set aside or reversed for rreguiaflIx
or informality in such assessment, Il
shall be lawful for the common conucll
to cause a new assessment TO be maze
of so much of the amount OF the orlglnal
assessment as may be so set aside,
or of the amount thereof still remaining
unpaid, to become a lien as OF the cate
of the confirmation of the original as
sessment, and to be PROCEEDED with IN
all respects in conformity with the pro-
visions of this act and the laws relating
thereto.
by reason of any i~nformality of illegality
in any proceedings of the said common
council or of the board of city assessors.
surveyor or other agent of the common
council or official of the city, in laying
out, opening, altering, widening or clos
ing streets, avenues or public squares, or
in grading altering the grade, paving'
curbing, guttering and Tagging the SIDE
walks of any street or avenue, or con-
structing any sewer or drain, any assess
ment shall be set aside by JudiclaI au-
thority. it shall be awful for the COM
mon council to reinstitute the proceed
ings set aside, upon the same basis up
on which the original proceedings were
based, or otherwise if they see nj 10 .
do. and lawfully proceed therein the =
same as though the former proceedings
had not been had, or the said common
council may reinstitute said proceedings
from the point from where such 1nfor-
mality or ~illegality may have been so
decred, and whenever the common eoun-
ell shall discover that any sucn pro-
ceedings are liable to be set aside oy
judicial authority, htey may relnstate
said proceedings from the point where
such informahty or LEGALITY commences,
and no assessment shall be deemed in
valid in consequence thereof, put no
writ of certiorari shah be allowed OF
issue to remove any assessments mace
mon the owner>or owners of lands and
real estate for any work or improve
ment made or to be made unless me
same may be applied for within sixty
days after the Confirmation of such as.
by the common councll OF
such city.
65. And be it enacted, That whenever
any public improvement shail pc maus,
or ordered to be made, and the expenses
thereof ordered to be a1-- by ne
board of city assessors shall be lnteres.eoS
in said Improvement, either as an own
er of property to be taken or to be as
sessed. or in any other way, except
merely as q taxpayer in said city, SUN
assessor shall not be deemed ~conlpelvht
to assist in making the assessment
connected with such improvement, but
the common council shall, by a majority s
vote of all it's members, elect some as
interested resident in said city TO act
with the remaining members OF the
board of assessors in making SAID as
sessments; such. person, before ,sntsrlng
11pon his said duties, shall ,takeI and
the CITY clerk. to be filed by himssfaith-
fully and honestly to perform said du-
ties; no report of assessment shall be con-
Sidered illegal in consequence OF the
ncompetency of any of the persons
making such report, If majority OF
the personsmaking s'tch asse@7"ee~
were competent and disinterested; and
it shall be lawful for he common council
to make such reasonable compensation
for the services of any person so APP
pointed to fill such vacancy as 1t may
determine.
6e. And be it enacted, That it shall be
/ lawful. whenever She common council
shall deem it necessary, and for the pub
lie good, to purchase or condemn the
plant, property and tranchlse o. any
person or corporation used for the pur-
nose Of SURVIVING ar city or the in
habitants thereof NSlts gas, electric or
other light. or with water, or for the re-
moval and disposition of the sewage
thereof; and If, under he authority con-
ferred in this section any plant. prop
erty or franchise used for any or either
= ~ ,-1ne hHpOin GnaRfTiPH shall ha