laying out, opening, altering, widening, or closing streets, avenues or public squares or in grading, altering the grade, paving, curbing, guttering and flagging the sidewalks of any street or avenue, or constructing any sewer or drain, any assessment shall be set aside by judicial authority, it shall be lawful for the common council to re-institute the proceedings set aside upon the same basis upon which the original proceedings were based, or otherwise if they see fit so to 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 where such informality or illegality may have been so decreed, and whenever the common council shall discover that any such proceedings are liable to be set aside by judicial authority, they may re-institute said proceedings from the point where such informality or illegality commences, and no assessment shall be deemed invalid in consequence thereof, but no writ of certiorari shall be allowed or issue Certiorari to remove any assessments made upon the owner or owners improveof lands and real estate for any work or improvement made ments not or to be made, unless the same be applied for within sixty ter sixty days after the confirmation of such assessments by the common council of said city. on street allowed af days. be issued 102. And be it enacted, That the common council are here- Scrip may by authorized and empowered to issue "street improvement for paving scrip" for the payment of the grading, curbing, guttering, sidewalks. paving or flagging of any sidewalk, or part thereof in said city, which may be done by the corporation at the expense of the owners or occupants of the lands fronting on such street, avenue, road, alley or sidewalk so improved, until the cost thereof can be collected from such owner or occupant of property liable therefor, which scrip shall be paid to the contractor or other person having executed such improvement, or to any other person or persons entitled to the payment thereof; the said scrip shall bear interest at the rate of seven per centum per annum, and be payable within eighteen months from the date of the issue thereof; and when- when scrip ever any such sidewalk shall be flagged, paved, curbed and city to pay guttered in front of any property belonging to said city, the for sidesame shall be paid by the common council by orders upon front of its the city treasury. Rate of interest and payable. walks in property. interested 103. And be it enacted, That whenever any public im. If assessor provement shall be made, or ordered to be made, and the in improve ment who may be ap make assessment. expense thereof ordered to be assessed by the board of city pointed to assessors, and any member of the board of city assessors shall be interested in said improvement, either as an owner of property to be taken, or to be assessed, or in any other way, except merely as a tax payer in said city, such assessor shall not be deemed competent to assist in making the assessment connected with such improvement; but the common council shall, by a majority vote of all its members, elect some disinterested resident in said city to act with the remaining members of the board of assessors in making said Who shall assessments, such person before entering upon his said duties, shall take and subscribe an oath or affirmation before the city clerk, to be filed by him, faithfully and honestly to perform said duties; no report of assessment shall be conWhen as sidered illegal in consequence of the incompetency of any not to be in- of the persons making such report, if a majority of the persons making such assessments were competent and disinterested. take oath. sessment validated. TITLE VIII. No inhabi tant to be incompetent for judge witness, &c. Ordinances to remain or repealed. MISCELLANEOUS PROVISIONS. 104. And be it enacted, That upon the trial of any issue, or the judicial investigation of any fact to which "The Inhabitants of the City of Trenton " is a party, or in which the city of Trenton is interested, no person shall be deemed to be incompetent as a judge, witness or juror, by reason of his being an inhabitant or freeholder of said city; and that if any person shall be sued or impleaded by reason of anything done by virtue of this act, it shall be lawful for such person to plead the general issue, and give this act and special matter in evidence at the trial. 105. And be it enacted, That all ordinances of the said in force un- city passed by the common council under and by virtue of til altered the provisions of the act entitled "An act to incorporate the city of Trenton," passed March seventh, one thousand eight hundred and thirty-seven, and the several supplements thereto, and the act entitled "An act to revise and amend the charter of the city of Trenton," approved March fifteenth, one thousand eight hundred and sixty-six, and the several supplements thereto, not inconsistent with this act, shall continue in force until altered or repealed by the common council. liabilities ed. 106. And be it enacted, That all the duties and liabilities Duties and heretofore imposed by the laws of this state upon the inhabitants of the several townships thereof, so far as the same are consistent with the provisions of this act, shall appertain to, and be sustained and performed by "The Inhabitants of the City of Trenton," and that all the rights, privileges, emoluments and advantages heretofore conferred by the laws of this state upon the inhabitants of the several townships thereof, so far as the same are consistent with the provisions of this act, shall appertain to and be held and enjoyed by the inhabitants of the city of Trenton, in like manner as they were or might have been sustained and performed, and held and enjoyed by the inhabitants of the township of Trenton, had this act never passed. be adver 107. And be it enacted, That all contracts for doing work, contracts furnishing materials for any improvement provided under over $200 to this act, extending in amount to two hundred dollars, shall tised, &c. be advertised for ten days in one or more daily newspapers printed and published in said city, and shall at all times be given to the lowest bidder or bidders, who shall give satisfactory proof of his or their ability to furnish the requisite materials and perform the work properly, and offer sufficient security for the faithful performance of the contract in regard to time, quality of material, and work to be done. to be inter security tractors 108. And be it enacted, That no member of the common Members of council shall be appointed to or competent to hold any of- council not fice, the salary or emoluments of which are paid from the ested or city treasury, or be directly or indirectly interested in any for concontract, the expense of which is to be paid from the city treasury, or become security for any officer appointed by said council, or for any contractor under the city government, under the penalty of five hundred dollars for each offence, Penalty. to be recoverable by suit in the name of "The Inhabitants of the city of Trenton," and the said penalties, when recovered, shall be paid into the city treasury. 100. And be it enacted, That from and after the passage of Repeater. this act all acts and parts of acts inconsistent with or repugnant to this act be and the same are hereby repealed, but nothing herein contained shall be construed so as to destroy, impair or take away any right or remedy acquired or given Acquired or by any act hereby repealed, and all proceedings commenced inchoate under any such former act shall and may be carried out and impaired. rights not Persons completed, and all prosecutions for any offence committed or penalty or forfeiture incurred shall be carried out in all respects in the same manner and with the same effect as though this act had not passed; and the provisions of this now in of act shall not be construed to apply to or in anywise affect be affected. any person who has heretofore been elected to any office at any annual city election or appointed to any office by the city council so far as relates to said office. fice not to Council and school trus tees to serve out their terms. 110. And be it enacted, That the present members of the common council and trustees of public schools in the city of Trenton shall remain in office in the same manner and for the same terms as if this act had not been passed. 111. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved March 19, 1874. When, how crabs shall not be taken. CHAPTER CCCIV. An act for the preservation of crabs in the waters of Manasquan river. 1. BE IT ENACTED by the Senate and General Assembly of where and the State of New Jersey, That from and after the first day of June until the first day of October, yearly and every year, it shall not be lawful for any person, under any pretence whatsoever, to use any seine, net, jack, or any other device except only the ordinary hand bow-net for the purpose of taking crabs from the waters of Manasquan river, in the counties of Monmouth and Ocean, between the mouth thereof on the Atlantic coast and the second bridge crossing the same, and commonly known as "Old Squan Bridge." Penalty. To be re covered by action of debt. 2. And be it enacted, That if any person or persons shall violate the provisions of this act, he, she, or they so offending shall for the first offence forfeit and pay fifteen dollars; and for each subsequent offence thirty dollars, together with the net, seine, jack, or device so employed, the said sums to be recovered, with costs, by action of debt, by any person who shall prosecute for the same in any court of record in this state having cognizance of that sum; one moiety thereof to the use of the person prosecuting, and the other moiety to the overseer of the poor of the township in which the offence was committed, for the support of the poor of said township. 3. And be it enacted, That this act shall be deemed a public act and shall take effect immediately. Approved March 19, 1874. CHAPTER CCCX. An act to prevent horses, cattle, mules, sheep or swine from running at large in the township of Wantage, in the coun. ty of Sussex. Animals at large. 1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That it shall not be lawful for any per- not to run son or persons to allow any horses, cattle, mules, sheep or swine to run at large, within the area of one-half mile from the post office in the village of Deckertown, in the township of Wantage, in the county of Sussex; and that whenever any such horses, cattle, mules, sheep or swine are found at large as aforesaid, it shall be lawful for any person to drive or If found at convey any such beast to the keeper of the public pound of taken to said township, who is hereby authorized and required to receive, safely keep, and properly feed and care for every such animal. large to be pound. sons deliv keeper. 2. And be it enacted, That any person driving or deliver- Fees of pering to said pound-keeper any such horses, cattle, mules, sheep ing animals or swine, shall be entitled to demand and receive from him to pound twenty-five cents per head therefor; and the said poundkeeper shall be entitled to charge twenty-five cents per head for receiving into, and a like sum for discharging from his custody any such animal, and, in addition thereto, compensation as follows, for feeding and caring for such stock for every twenty-four hours it remains in his custody, viz: for every horse, mule or head of cattle, twenty-five cents; for every head of swine or sheep, fifteen cents. |