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CHAPTER LI.

A Supplement to an act entitled "An act relating to reassessments of benefits in cities," approved April twentyfirst, one thousand eight hundred and seventy-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section one of an act entitled "An act relating to reassessments of benefits in cities," which reads as follows:

Section to be

"1. BE IT ENACTED by the Senate and General Assembly of amended recited. the State of New Jersey, That when any assessment for benefits for local improvements heretofore made, or hereafter to be made in any city of this state, has been or shall be set aside only as to the prosecutor or prosecutors of any writ or writs of certiorari by any court of review, the common council of said city shall ascertain and estimate the amount of the assessment or assessments so set aside, together with the lawful interest accrued thereon, and the costs and expenses of a new assessment, and thereupon a new assessment shall be made by commissioners appointed by the circuit court of the county in which such city is situated, in conformity with the provisions of any existing law of this state; and in making such reassessment the person or persons authorized to make the same shall assess upon all the owners of the lands and real estate peculiarly benefitted by said improvement an amount of the assessment so set aside which is equal to the amount of benefit actually received by said lands and real estate, proportioned as nearly as may be to the benefit each owner thereof shall be deemed to acquire; and the balance of said assessment so set aside and remaining unassessed shall be assessed upon and paid by the said city, and said person or persons authorized to make said reassessment shall proceed in all respects as provided in respect to the original

Section as amended.

Proceedings

where assess

set aside by court of review.

assessment; but in making such reassessment any tracts of land and real estate originally assessed for the benefit of said improvement, and the original assessment upon which shall not have been set aside, shall not be liable to be reassessed," be and is hereby amended to read as follows:

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That where any assessment for benefits for local improvements heretofore made or herements have been after to be made in any city of this state, has been or shall be set aside only as to the prosecutor or prosecutors of any writ or writs of certiorari, by any court of review, the common council or board of aldermen of said city shall ascertain and estimate the amount of the assessment or assessments so set aside, together with the lawful interest accrued thereon, and the costs and expenses of a new assessment and thereupon a new assessment shall be made by three commissioners appointed by the circuit court of the county in which such city is situated, in conformity with the provisions of any existing law of this state; and in making such reassessment the persons authorized to make the same shall assess upon all the owners of the lands and real estate peculiarly benefitted by said improvement an amount of the assessment so set aside which is equal to the amount of benefits actually received by said lands and real estate proportioned as nearly as may be to the benefit each owner thereof shall be deemed to acquire, and the balance of said assessment so set aside and remaining unassessed shall be assessed upon and paid by the said city, and said persons authorized to make said reassessment shall proceed in all respects as provided in respect to the original assessment; but in making such reassessment any tracts of land and real estate originally assessed for the benefits of said improvement, and the original assessment upon which shall not have been set aside, shall not be liable to be reassessed.

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

Approved February 27, 1880.

CHAPTER LII.

A Supplement to an act entitled "An act to prevent the willful pollution of the waters of any of the creeks, ponds or brooks of this state," approved April twentyfirst, one thousand eight hundred and seventy-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section one of an act entitled "An act to prevent the willful pollution of the waters of any of the creeks, ponds or brooks of this state," which reads as follows:

amended recited.

1. "BE IT ENACTED by the Senate and General Assembly of Section to be the State of New Jersey, That if any person or persons shall throw, cause or permit to be thrown into the waters of any creek, pond or brook of this state, the waters of which are used to supply any aqueduct or reservoir for distribution for public use, any carcass of any dead animal, or any offal or offensive matter whatsoever calculated to render said waters impure, or to create noxious or offensive smells, or shall connect any water closet with any sewer, or other means whereby the contents thereof may be conveyed to and into such creek, pond or brook, such person or persons shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or both," be and is hereby amended to read as follows.

amended.

polluting waters.

1. BE IT ENACTED by the Senate and General Assembly of Section as the State of New Jersey, That if any person or persons Punishment for shall throw, cause or permit to be thrown into any reservoir, or into the waters of any creek, pond or brook of this state, the waters of which are used to supply any aqueduct or reservoir for distribution for public use, any carcass of any dead animal, or any offal or offensive

Owners or occupants of lands to bury offal, &c.

matter whatsoever calculated to render said waters impure, or to create noxious or offensive smells, or shall connect any water closet with any sewer, or other means whereby the contents thereof may be conveyed to and into any such creek, pond or brook, or shall so deposit or cause or permit to be deposited any such carcass, offal or other offensive matter that the washing or waste therefrom shall or may be conveyed to and into any creek, pond, brook or reservoir, such person or persons shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or both.

2. And be it enacted, That it shall be the duty of the owner or owners, occupant or occupants of any land whereon any such carcass, offal or other offensive matter may be, to cause the same to be buried forthwith, so that all portions thereof shall be covered with solid earth to a depth of at least two feet below the surface of the ground, and not within a distance of two hundred feet Penalty for vio- from such creek, pond or brook used as aforesaid; and any such owner or occupant who shall refuse or neglect for the space of two days to remove and bury as aforesaid, or cause to be removed and buried, any such carcass, offal or offensive matter, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or both.

lation.

Repealer.

3. And be it enacted, That all acts and parts of acts inconsistent with this act in as far as they are inconsistent herewith, be and the same are hereby repealed, and that this act shall take effect immediately.

Approved February 27, 1880.

CHAPTER LIII.

A supplement to an act entitled "An act to facilitate the collection of certain premiums for the benevolent funds of fire departments of cities from fire insurance companies not organized under the laws of this state, but doing business herein," approved March fourteenth, one thousand eight hundred and seventy-nine.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That sections one, two, three and four of the act to which this is a supplement, which reads as follows:

amended recited.

"1. BE IT ENACTED by the Senate and General Assembly of Section to be the State of New Jersey, That the agent or agents of any foreign fire insurance company doing business in any city of this state having a fire department relief fund shall return to the treasurer of such fire department relief fund of the city in which he is doing business, on the thirty-first day of December and the thirtieth day of June of each year, a just and true account, verified by his oath that the same is a true account of all premiums which during the six months ending on the thirty-first day of December or the thirtieth day of June, as the case may be, next preceding such report, or such portion of said periods as he may have acted in the capacity as agent for such foreign insurance company, has been received by him, or by any other person for him, or agreed to be paid for any insurance or against loss or injury by fire upon property situate in such city, which shall have been effected for any individual or association not incorporated by the laws of this state," be amended so it shall reads as follows:

amended.

1. BE IT ENACTED by the Senate aad General Assembly of Section as the State of New Jersey, That the agent or agents, broker or brokers, of any foreign fire insurance company doing

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