Preamble.

Council may

CHAPTER DLXVI.

A Further Supplement to the act entitled "An Act to re-
vise and amend the charter of the city of Newark," ap-
proved March eleventh, eighteen hundred and fifty-seven.

WHEREAS, a certain portion of that section of the city of
Newark, known as West Newark, has been heretofore laid
out with narrow, short and crooked streets and passage-ways
by private owners of property, without any municipal over-
sight or authority, or any reference to adjoining property
or to the interest or accommodation of the public, and with-
out any uniformity of continuance or connection; and
whereas, a large number of buildings have been erected
along the lines of said streets and passage ways in such a
manner that the danger from conflagration has been greatly
increased, and the sanitary condition of the neighborhood
much impaired; and whereas, in view of these facts and the
rapid growth of said locality, the public good demands that
the general plan and system which has been carried out for
many years, and is still being beneficially carried out by the
city authorities in other portions of said city, of laying out
and improving streets and avenues in such a manner as to
secure necessary width, needed ventilation, proper continu-
ance and uniformity, and more ample protection from fire;
and whereas, the commissioners appointed by said common
council for that purpose, now engaged in the examination
of the streets in the section of the city above mentioned,
find it impracticable under existing laws and the condition
of said locality, to remedy the difficulties or to secure the
desirable results above stated; therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the common council of the city anpoint com. of Newark may appoint not less than three nor more than five layout certain commissioners, one of them to be a resident of the ward the

missioners to

streets

avenues.

property is located in, to lay out certain streets and ave-
nues herein named, with full power and authority to pur-
chase, at their discretion, all or any part of the lands, real
estate, buildings and all other improvements within the
limits described as follows, to wit: beginning at the intersec-

In case no

can be made

of lands.

tion of the northerly line of Springfield avenue with the Limits. westerly line of Littleton avenue, as the same is laid out on a map filed in the office of the city clerk of said city of Newark by the said commissioners appointed to lay out streets, avenues and squares; thence running along the said northerly line of Springfield avenue to the easterly line of South Tenth street; thence northerly along the said easterly line of South Tenth street to the former city line; thence southeasterly along the said former city line to the said westerly line of Littleton avenue; and thence southerly along said westerly line of Littleton avenue to the place of beginning, and to make such compensation therefor to the owner or owners thereof, as they may deem reasonable, and to receive from the said owner or owners conveyances of the same to the mayor and common council of the city of Newark; in case no agreement for such purchase can be made with such Proceedings owner or owners, the said commissioners shall thereupon agreement proceed to estimate and determine the fair value of the said for purchase lands, real estate, buildings or other improvements, for the purchase of which no agreement can be made as aforesaid, having first given at least ten days' notice in writing to the owner or owners thereof, either personally, or by leaving the same at his, her or their place or places of residence, of the time when and place where he, she or they may be heard in relation to the matter; in case said owner or owners shall be an infant, or a married woman, or non compos mentis, or absent from the city, or be for any reason incompetent to act in this behalf, then notice as to the time and place of the meeting of said commissioners to estimate and determine said value, shall be advertised in two daily newspapers published in said city, for the space of ten days prior to said meeting; said meetings may be adjourned from time to time, at the discretion of said commissioners; as soon as said commissioners shall have finally estimated and determined upon. said valuation, they shall make and sign a certificate thereof, and file the same in the office of the said city clerk; and immediately upon the payment to said owner or owners of the amount of said valuation, or in case he, she or they will not or cannot receive the same, upon the deposit of said amount in such trust company or savings institution as any justice of the supreme court of this state may direct, the title to and right of possession of such property valued as aforesaid, shall become vested in the said the mayor and

Proceedings

peal.

common council of the city of Neward; any such owner in case of a feeling aggrieved by the said proceedings of the said commissioners, may appeal therefrom to the supreme court of this state at any time within sixty days after the date of the filing of the certificate as aforesaid in the office of said city clerk, and the said supreme court shall order a trial by jury to assess the value of the lands, real estate, buildings or other improvements of said owner, the trial whereof shall be conducted as in other cases of trial by jury, and the final judgment of said court shall be conclusive as to said valuation, and the amount of said valuation shall be increased or diminished accordingly; in case the title or interest of any person or persons in any of the premises included in the foregoing described boundaries, and for which a value shall be awarded by said commissioners as aforesaid, shall be doubtful or disputed, the value thereof awarded by said commissioners may be deposited as aforesaid upon affidavit of such facts and an order to that effect by such justice, and such deposit shall have the same effect as a payment made to said owner or owners; and the said court may proceed in a summary manner upon petition of any person or persons claiming to be the owner of said premises or any part thereof, to ascertain the interests of said parties, and to determine to what person or persons the said amount shall be paid, and shall have power to distribute the same among the persons entitled thereto; immediately upon the completion of the purchases or acquisition as aforesaid, the said commissioners shall make a full and complete report of the same to the said common council. 2. And be it enacted, That for the purpose of carrying out the provisions of this act, the commissioners appointed pursuant to the provisions of an act of the legislature of this state, approved March tenth, eighteen hundred and fifty-nine, and designated as "The Commissioners of the Sinking Fund of the City of Newark," shall have authority to issue in the name of "The Mayor and Common Council of the City of Newark," bonds under the corporate seal of said city, and the signature of the mayor, to be denominated" West Newark Improvement Bonds," to an amount not exceeding two hundred thousand dollars, bearing interest, payable semiannually, at a rate not exceeding seven per centum per annum, and pledging the credit and property of the city for the payment of the same, which bonds the said last named commissioners may sell at public or private sale, for

Commissioners of sinking

fund may is

Fue" West

Newark Im

provement Bonds."

the best price they can obtain for the same, and upon such terms and conditions as they may deem advisable, including the payment of the tax upon the same, with the consent of the common council of said city; said bonds shall be payable five years after their date, but said last named commissioners shall reserve the right to pay the same at any time before their maturity, and upon giving notice by advertisement for one month in two daily newspapers published in said city, of their readiness so to do, interest upon the same shall thereupon cease; they may also purchase the same or any part thereof at any time before maturity, at any price not greater than their par value; out of the proceeds of the sale of said bonds the said last named commissioners shall pay the several amounts awarded to such persons as may be entitled to receive the same, or deposit the same as aforesaid, upon the certificate to that effect of the commissioners first above named, or upon the judgment of the said court, or the order of such justice thereof as aforesaid; the proceeds of the sale Proceeds of of said bonds shall be appropriated exclusively to the pay-appropriated. ment for lands and property purchased or acquired as aforesaid, the necessary costs and expenses of the proceedings had and taken under this act, and to the payment of interest; no more of said bonds shall be issued or sold than may be necessary to accomplish the purposes aforesaid.

bonds, how

ers to vacate

streets, &c.

3. And be it enacted, That the first above named commis- Commissionsioners, after having acquired the title to and possession of and lay out said lands, real estate, buildings or other improvements, in the name of the said mayor and common council of the city of Newark, as above mentioned, shall have full power and shall thereupon proceed to vacate the whole or any part of any street, road highway, passage-way or alley within the said boundaries, and to project and lay out upon and across said lands and real estate, such streets, avenues, highways or squares as they may deem necessary and proper, and to remove all obstructions therefrom; they shall immediately, upon completing the same, report their proceedings with full surveys, maps and descriptions to the said common council, which shall be filed in the office of said city clerk, and the said streets, avenues, highways and squares shall thereby and thereupon become open for public use.

4. And be it enacted, That after the said maps and surveys shall have been filed as aforesaid, the said commissioners, first above named, shall at once proceed to lay out and divide

ers to lay out

lands into lots and sell the

same at public sale.

Commission- the said lands and real estate (except the said streets, and divide avenues, highways or squares) into suitable lots or plots and shall advertise and sell the same, at public sale, for the best prices and upon the best terms they can obtain for the same, which sale or sales may be adjourned from time to time at their discretion; all of the purchase moneys and securities shall be received in the name and behalf of the mayor and common council of the city of Newark, and shall be paid over to the said commissioners of the sinking fund, who are hereby invested with full power to collect the same by suit at law or in equity, which moneys when received or collected shall be by them appropriated for the purposes above mentioned; all buildings and all other improvements may be sold as soon as legal possession of the same has been secured as aforesaid; immediately upon the completion of any or all of such sales as aforesaid, the said commissioners first above named shall make a full report of the same to the said common council, who shall thereupon direct the mayor to execute good and sufficient conveyance to the purchasers, in the name and under the seal of said city.

Proceedings in

of sale are in

pay principal and interest of

may

5. And be it enacted, That if the proceeds of said sales case proceeds shall be insufficient to pay the principal and interest of the sufficient to bonds which have been issued as aforesaid, and all costs, bonds issued charges and expenses, to which the said commissioners first above named, or the said city of Newark, may be subjected to by virtue of any proceedings had or taken under this act, the said commissioners first above named shall, whenever the said common council shall so direct, proceed to make a just and equitable asssessment of such deficit, including all probable subsequent costs, charges and expenses, upon the owner or owners of all the lands and real estate adjacent or contiguous to the lands and real estate so purchased or acquired as aforesaid, in proportion, as nearly as may be, to the advantage each shall be deemed to have received by reason of the proceedings authorized by this act; they Report of as shall make a report in writing of the assessments so made, and before proceeding to sign the same they shall place the said report in their office, and give ten days' notice, by advertisement in two daily newspapers of said city, of the time when and place where said report may be examined, and parties interested be heard by said commissioners; after hearing the parties, the said commissioners first above named shall proceed and complete the said report and sign the same, and

sessments to

be made.