said main sewers; and said council may, in the name of the town of Union, acquire, by purchase or agreement with the owners thereof, such land and premises in said townships or the right of way there through as may be necessary or proper to enable them to build and maintain said sewers in said townships, and they may make such covenants and agreements in the premises as they may deem necessary or proper; and upon the making of said purchase or agreement the treasurer of the town of Union may at any time thereafter pay said purchase money or sums mentioned in said agreements to the owners of said lands and premises; and after making the said purchase or agreement, the town council shall have power to borrow a sum of money sufficient to pay said purchase money or sums mentioned in said agreement, and all expense of raising said money, and may issue their bonds therefor, under the corporate seal of said town and the signature of the chairman of the council, in such sums and payable at such times as said council shall deem proper, bearing interest at a rate not exceeding seven per centum per annum, payable semi-annually, with coupons attached, and to pledge the property and credit of said town for the payment of the same, which bonds it shall be lawful for said council and their successors to sell and assign; the money raised by the sale of said bonds shall be used by said council to pay said purchase money or the sums mentioned in said agreement, and at any time after said purchase or agreement the town council may enter into a contract with the lowest bidder for said work, who shall give satisfactory freehold security to build said sewer; the party to whom said contract is awarded, his agents, employees and servants, may at all times enter upon any public or private property in said county of Hudson, and proceed to build and construct said sewer as specified in said contract, and when completed the said council may determine the amount of all the costs and expenses thereof, including in said expenses the amount of said purchase money or the sums mentioned in said agreement, and expenses paid as aforesaid; and the said councilmen shall have power and authority by ordinance to raise by tax, on all the real estate in said town, said amount thus determined by them as aforesaid; and said sum shall be assessed and collected in the same manner as other town, county and state taxes are assessed and collected, except that said tax shall be assessed upon and collected from real estate only, and from the money thus collected the council shall pay the Proceedings on petition ment. said bonds and also the said party or parties constructing said sewer, and all other expenses connected with said sewer; it shall not be lawful for said council to exercise the powers given in this section unless the land is purchased or the agreement made with the owners thereof as hereinbefore set forth. 11. And be it enacted, That any person owning property in for improve said town may file with the town clerk a petition to the council of said town, to make any improvement authorized by the town charter, and thereafter the council may by resolution authorize the town clerk to advertise said petition twice in a newspaper published in Hudson county, and circulating in said town, and to post said petition in five of the most public places in said town, and to keep the same posted for ten days; the clerk shall also publish and post as above a notice stating that objection in writing to said proposed improvement may be filed with him up to a certain date therein named, which date shall be ten days after the date of the first publication in said newspaper; said clerk shall also serve a like notice on the owners of property residing along the route of said. proposed improvement, by leaving such notice at such residence with any person thereon, but said notice need not be served on any owner of property not residing along the route of said proposed improvement; at the expiration of said time designated for publishing and posting, the town clerk shall file in his office a copy of said petition and notice, with an affidavit annexed thereto, showing that the same have been published and posted, and said notice served as required by law; at any time after the expiration of the time named in said notice, the council may forthwith proceed to pass an ordinance for said improvement, unless the owners of onehalf of the property along the route of the proposed improvement object thereto; the ordinance may be introduced and passed at the same meeting, and it shall be valid if it describes in general language the improvement authorized by the council, and it shall not be necessary to state therein any other matter or thing connected with said improvements; the town clerk shall publish and post said ordinance in the same manner and for the same time he is required to publish and post the petition for the improvement described therein, and in like manner, at the expiration of the time designated for publishing and posting said ordinance, shall file in his office a copy of said ordinance, with an affidavit annexed thereto, showing that the same has been duly published and posted; at any time after the passage of said ordinance the council may direct the town clerk to advertise for proposals for said improvements in a newspaper to be designated by said council, and the council may, at any time after the expiration of the time for publishing and posting said ordinance, enter into a contract with any person or persons to furnish the work and materials for said improvement, with such other agreements and covenants therein as shall be approved by the council, but the council shall be under no obligations to accept the lowest bid, and may reject all bids if they shall deem it best for the interest of the town; and in case of rejecting all proposals received, they shall again advertise for proposals, and proceed in all things as if no proposals had been offered; the council may require the party who enters into the contract to give a bond, with ample freehold security for the due performance thereof; after the completion of the said improvement, all the costs and expenses thereof shall be determined. and assessed by three commissioners, upon all the lands and real estate benefitted thereby, in proportion to the benefit received by said lands and real estate; the said commissioners may be appointed by resolution of said council at any time after the completion of the work; the said commissioners shall, before they enter upon the performance of their duty, file with the town clerk an affidavit, which they may take before said clerk, he being hereby given the same power to administer oaths and affirmations to said commissioners as is now possessed by justices of the peace; in said affidavit they shall swear that they are not interested in said improvement, and do not own any property along the line thereof; that they are freeholders resident in said town, and they will execute faithfully the duties of their office; after taking said oath the commissioners may proceed immediately to execute the duties. of their office, and they shall examine into the whole matter, and shall determine and report in writing to the council what real estate ought to be assessed for said improvement, and what proportion of the expense thereof shall be assessed to each separate parcel or lot of land, and they shall accompany such report with a map containing each lot assessed, and the names of the owners thereof, as far as the same are known to the said commissioners, but no assessment shall be deemed defective by reason of any mistake in the names of said owners, or omitting said names or any of them; this report and map shall be filed in the office of the town clerk, and there Charges for pers. after the said clerk shall publish and post a notice (in the same way and manner, and for the same time as he published and posted the petition for said improvements), stating that the map and report of the commissioners have been filed in his office, and that the council will consider any objections to said assessments presented in writing on or before a day named in said notice, to be fixed by said council, which day shall be at least ten days after the first publication; the property owners named on said map filed by said commissioners, may, if they so desire, at any time within ten days after the filing of said map, appoint three of their number to examine whether or not said work has been done according to contract, and they may report to the council at any time within said ten days, and if they report within said time that the work has not been done according to contract, then the council shall appoint a committee to examine such work, and report thereon to council; at said day named in said notice, or at any time thereafter, the council may confirm said assessment, or, if they refuse to confirm the same, they may return the same to said commissioners for correction in any particulars named by said council; and the said commissioners shall amend said report and map in the particulars named and report again to the council, and if said report and map be amended as directed, the council may thereafter, without any notice to any person, confirm said assessment, and upon said confirmation said assessment shall constitute a lien on the property assessed for the amount of such assessment; no other notice than required by this act need be given to any person interested in any improvement or assessment therefor; the minutes of the council, and all papers filed in the town clerk's office, or certified copies thereof, shall be evidence in all courts and places, that the statements therein set forth are true, and that everything therein stated to have been done, has been done and performed as therein stated. 12. And be it enacted, That in all cases in which persons copies of pa shall bring writs of certiorari to remove the proceedings of the council, it shall be lawful for the town clerk to charge and receive from the parties bringing such certiorari at the rate of ten cents per folio for the necessary return thereto, and said parties bringing said certiorari shall pay said sum to said clerk before the return day of said certiorari, and in default thereof the court shall dismiss said certiorari; no costs shall be allowed the prosecutor in certiorari on his set ting aside any ordinance, assessment or proceeding of said council. on certiorari. 13. And be it enacted, That no ordinance, assessment or Proceedings proceeding of the council of said town shall be set aside on certiorari by reason of the return to said certiorari failing to show that all the requirements of the town charter have been complied with, but after the filing by the prosecutor of the reasons in certiorari, the clerk of said town may make a further return to said writ of certiorari, stating such additional facts as he may be advised are proper and necessary to state in answer to any of said reasons; and said town may take proofs with reference to said facts, and if the same are established to the satisfaction of the court, then the court shall affirm the ordinance, assessment or proceeding in question, the same as if such facts had properly appeared in the minutes, records and proceedings of said council; whenever any assessment is set aside, the said council may appoint new commissioners to make a new assessment. 14. And be it enacted, That no certiorari shall be allowed Continued. or granted to set aside any ordinance for any improvement in said town after the contract therefor shall have been awarded by the council of said town, and no certiorari shall be allowed or granted to set aside any assessment for any improvement in said town after three months shall have elapsed from the date of the confirmation of said assessment by the council of said town. 15. And be it enacted, That in case any assessment for any continued. improvement is set aside on certiorari after a portion of the said assessment has been collected by the corporate authorities of said town, that in that case all sums of money so collected shall be refunded and paid to the then owners of the lots or parcels of land so assessed, and upon which said payments were so made; and the new assessment for said improvement shall be made without any reference to the fact that any sums of money have been heretofore paid under the said assessment so set aside on certiorari; the sums herein. provided to be refunded shall be paid out of the first sums of money collected under the new assessment for said improve ment. how filled. 16. And be it enacted, That in case a vacancy shall occur Vacancies, from any cause whatever in any of the offices created or authorized by the town charter, it shall and may be lawful for the council to appoint others to fill such vacancy for the un |