and when said lines, or any section thereof, have been fixed, established and determined, and said maps and profiles, or any of them have been made, certified, signed and filed as aforesaid, the lines as laid down thereon shall be and remain the true and proper established lines for the erection of wharves, docks, slips and piers on said Passaic river, in both or either of said counties.

penses, by

4. And be it enacted, That all the cost expenses and Costs and excharges incurred in carrying out the provisions and require whom paid. ments of this act shall be assumed and paid in equal proportions, by the boards of chosen freeholders of the said counties of Essex and Hudson.

er to take

5. And be it enacted, That said commissioners shall each Compensation receive, as full compensation therefor, the sum of three dollars for each and every day they shall be necessarily employed in performing the duties required of them by this act, the same to constitute a part of the costs, expenses and charges named in the foregoing section; and said commissioners shall, before they enter upon their said duties, take Commitsstonand subscribe, in duplicate, an oath or affirmation before a bath. master in chancery, or some other person authorized to take oaths and affirmations in this state, faithfully and impartially to execute and perform all the duties required of them under this act, according to the best of their judgment, skill and understanding, one copy of which said oath or affirmation. shall be filed in the office of the county clerk of Essex county, and one copy in the office of the county clerk of Hudson county.

how filled.

6. And be it enacted, That the directors of the boards of Vacancies. chosen freeholders of said counties of Essex and Hudson are hereby empowered and authorized to fill any vacancy or vacancies caused by death, resignation or otherwise, which may occur among the said commissioners from their said counties respectively.

erect docks,

license.

7. And be it enacted, That nothing in this act contained No person to shall be construed to authorize any person or persons to erect &c., without or cause to be erected any wharf, dock, slip or pier, along said river, without obtaing license therefor as now required or as may herereafter be required by law.

8. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with the provisions of this act be and the same are hereby repealed."

9. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved April 1, 1872.

CHAPTER CCCCXXXV.

A Further Supplement to the act entitled "An Act to incorporate Morristown."

1. BE IT ENACTED by the Senate and General Assembly Amendment. of the State of New Jersey, That the act entitled "A Further Supplement to the act entitled 'An Act to incorporate Morristown,' approved March sixth, eighteen hundred and seventy-two, be amended by adding to section two, the following: "provided however, that no street, alley or highway in said town shall be opened, widened or straightened, unless the ordinance for that purpose shall be passed by a two-third vote of the common council;" and also further amended by striking out section six, and adding the following sections: Ordinances to 6. And be it enacted, That all ordinances hereafter passed by the common council of Morristown shall be approved and signed by the mayor within twenty days of the passage thereof, otherwise the same shall be null and void and of no effect whatever.

be approved

by the mayor.

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

Approved April 2, 1872.

CHAPTER CCCCXXXVI.

A Further Supplement to the act entitled "An Act to incorporate Washington, in the county of Warren, into a borough. or town corporate," approved February twentieth, eighteen hundred and sixty eight.

council em

make con

ply of water,

works, &c.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That for the purpose of effectually Mayor and supplying with water the borough of Washington, its vicinity powered to and the inhabitants thereof, it shall and may be lawful for tracts for sup the mayor and common council of said borough, and they are and to erect hereby empowered to make contracts with persons and corporations for the supply, use and preservation of water, and to erect, construct and maintain all works necessary and convenient for the purposes of this act and the act to which this act is a supplement, and to lay down pipes and other conduits, and to erect and construct hydrants and fireplugs in the streets, alleys, lanes and other places in the borough of Washington, and in the highways of the township of Washington, in the county of Warren, and to do all things necessary to furnish the said borough of Washington and its vicinity, and the buildings, streets and other places, with water; provided, Proviso. that the public travel upon the said highways, streets, lanes and alleys shall at no time be unnecessarily obstructed or impeded in the laying, altering or repairing of pipes, or the erection and construction of fireplugs or hydrants, or other necessary or proper work, and after the completion of any work, the streets, side and crosswalks shall be left in as good condition as the same were before the commencement of any such work, and no private lands shall be in any way injured or defaced without permission from the owner or owners thereof.

case owners

cannot agree.

2. And be it enacted, That if it should become necessary, Proceedings in in the opinion of the mayor and common council, to lay pipes and council through any private lands, or the lands of any corporation in the county of Warren, or if any private lands shall be required for erecting reservoirs or other works thereon, and no agreement can be made with the owner or owners thereof as

to the amount of compensation to be paid for the laying said pipes through the said lands, or the price of such lands, as the case may be, by reason of the unwillingness of said owners, or any of them, to accept such compensation or price as the said mayor and common council may deem reasonable, or by reason of the absence or legal disability of said owners, or any of them, it shall be the duty of either of the justices of the supreme court of this state, upon the application to him by said mayor and common council, or in their behalf, and after ten days' previous notice in writing of such application to the persons or corporation interested, if known and in this state, or if unknown or out of the state, after publication thereof for any time not less than twenty days in any newspaper published in the county of Warren, to appoint three disinterested appraisers from the county of Warren, to determine the compensation to be paid for the laying said pipes through said lands, or the price to be paid for said lands, as the case may be; and it shall be the duty of the said appraisers (after having taken an oath or affirmation faithfully and impartially to discharge the trusts herein reposed in them, and after having carefully viewed the premises), within twenty days after their appointment, to deliver to said mayor and common council a written appraisement, under the hands and seals of them, or a majority of them, of the award they have made, containing a full description of the lands through which the pipes are to be laid, or of the lands required for the erection of reservoirs, or other works, which appraisement the said mayor and common council shall cause to be recorded in the registry of deeds for the county of Warren; and upon payment or tender by the said mayor and common council, to such owner or owners, as aforesaid, or some one of them, of the sum awarded in such appraisement, if any, then the eaid mayor and common council shall have the right to lay said pipes through the lands aforesaid, or the said borough shall be deemed seized in fee simple of the lands required for the erection of the said reservoirs or other works as aforesaid; and in case any owner or owners of such lands shall be a feme covert, under age, non compos mentis, or out of the state, then, and in every such case, it shall be sufficient for said mayor and common council to pay the amount which may have been appraised as aforesaid into the court of chancery of this state, subject to the order of said court, for the use of the party or parties entitled to the same; the costs of all such proceeding

shall be taxed by the said justice of the supreme court, and paid by the said mayor and common council.

case owners or council shall be dissatisiled

3. And be it enacted, That in case the said mayor and Proceedings in common council, or the owner or owners of said land shall be dissatisfied with the award of the appraisers mentioned in the with award. preceding section, and shall apply to the justices of the supreme court, at the next term after filing the said award, the court shall have power, in good cause shown, to set the same aside, and thereupon to direct a proper issue for the trial of the said controversy to be formed between the said parties, and to order a jury to be struck and view of the premises to be had, and the said issue to be tried at the next circuit court to be holden in said county of Warren, upon the like notice. and in the same manner as other issues in the said court are tried; and it shall be the duty of the said jury to assess the value of the said land or damages aforesaid sustained, and if they shall find a greater sum than the said appraisers shall have awarded in favor of the said owner or owners, then judgment therefor, with costs, shall be entered against the said borough, and execution awarded therefor; but if the said jury shall be applied for by the said owner or owners, and shall find the same or a less sum than the mayor and common council shall have offered or the said appraisers awarded, then the said costs to be paid by said applicant or applicants, and either deducted out of the said sum found by the said jury, or execution awarded therefor, as the court shall direct; but such application shall not prevent the directors from taking or laying pipes through said lands, upon the award of the appraisers, the value or damages being first paid, or upon a refusal to receive the same upon a tender thereof, or the owner or owners thereof being under any legal disability, the same being first paid into the court of chancery. 4. And be it enacted, That if any person shall wilfully do Penalty for inor cause to be done any act or acts whatever to injure the water, or any engine. machine, reservoir, pipe, fireplug, hydrant, structure or fixture whatsoever, or anything appertaining to the works of the said borough, or whereby the same may be obstructed, stopped or injured, or shall wilfully and maliciously draw off or waste the water from any fireplug or hydrant, every person so offending shall be deemed guilty of a misdemeanor, and on being thereof convicted shall be punished by fine not exceeding five hundred dollars, or imprisonment in the county jil for any time not exceeding six months,

Juring works.