Section to be amended. Municipalities may construct sewers CHAPTER 69. An Act to amend an act entitled "An act to enable towns, villages and municipalities governed by boards of commissioners or improvement commissions to construct sewers through tide-water creeks or water courses within their corporate limits," approved March sixth, anno domini one thousand eight hundred and ninety-five. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section one of an act entitled "An act to enable towns, villages and municipalities governed by boards of commissioners or improvement commissions to construct sewers through tide-water creeks or water courses within their corporate limits," approved March sixth, one thousand eight hundred and ninety-five, be and the same is hereby amended so as to read as follows: 1. In any town or village or in any municipality governed by a board of commissioners or improvement commission in this state wherein any tide-water creek or water course now exists into which sewers and drains now empty, it shall and may be lawful for the governing body of any such municipality having the charge and control of sewers in such municipality, whenever they deem the same necessary, to cause to be constructed through such tide-water creek or water course, or partly through such tide-water creek or water course and partly through the streets and public highways, or other places in such municipality, an enclosed sewer to receive the sewage from the sewers and drains emptying into such creek or water course, and for general sewerage purposes; from such point in such creek or water course to such point of outlet thereon as may be most advisable and expedient, or to such outlet upon any of the tidewaters bounding upon such town, village or upon such owners of land municipality governed by commissioners or improvement commissions, into which the sewers thereof now enter; and further, to cause such creek or water course, May cause or such part or parts thereof as they may deem neces- to fill up creek sary, to be thereupon filled up by the owners of the land or water course. adjoining and abutting upon the same, and such governing body is hereby invested with full power to locate and construct such sewer in manner aforesaid, together with all necessary drains, pumps, docks, dams, tidewater banks, and such other works as they shall deem necessary, either upon or across any private lands, streets or highways or parts of streets or highways, or other places, with full powers of condemnation of any lands taken for the purposes aforesaid. 2. Section four of the aforesaid act is hereby amended so as to read as follows: acquired by condemnation. Proceedings for 4. When any such improvement shall be located upon Lands may be any lands other than public highways or streets and such lands or any easement, right or estate therein shall be necessary for the construction of said sewer and appurtenances then it shall be lawful for any such municipality, as aforesaid, to acquire the said land by purchase or by condemnation; and in case condemnation proceedings are necessary, they shall be carried on and of lands conducted under the provisions of such acts as may then be in force providing a method of procedure for the condemnation of lands required for public highways or sewers in towns, villages, boroughs and municipalities governed by a board of commissioners or improvement commission. condemnation or dock water course. 3. If in the construction of any such sewer, the gov- May clean, wall erning body of any such municipality shall deem it to be expedient and advisable to terminate said sewer at some point other than the mouth of said creek or water course, and to leave open such portion of said creek or water course as may lie between its mouth and the terminus of such sewer, it shall be lawful for such governing body to cause such portion of said creek or water course, as they may decide to leave open as aforesaid, to be cleaned and properly walled or docked, and the cost and expense thereof shall be added to and become a part of the cost of constructing such sewer. Repealer. 4. All acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed, and that this act shall take effect immediately. Approved March 23, 1896. Boroughs may assess and col lect taxes to propublic parks, &c. vide music for May by resolution direct money. CHAPTER 70. An Act to provide for music for the public parks and other public places to which the people resort for pleasure, recreation and amusement in the boroughs of this state. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. It shall be lawful to assess and collect in any incorporated borough, whenever the council or governing body shall deem it to the best interests of and for the good of the borough, one mill, or any portion thereof, on each dollar of the assessed valuation of the property therein, for the purpose of providing music for the public parks and other public places to which the people resort for pleasure, recreation and amusement. 2. Whenever the mayor and council of any such assessor to raise borough shall deem it to the public interests, and for the good of the borough, that an assessment should be made for the purpose aforesaid, they may, by resolution regularly adopted, direct the assessor of said borough to raise such sum of money as they shall deem necessary for the purpose aforesaid, which shall not, however, exceed one mill on the dollar, as aforesaid. Tax, how assessed and collected. 3. The assessor, on receipt of a resolution, such as is provided for in the preceding section, shall, at the time when the annual taxes are assessed, assess the amount called for in said resolution against all the property in said borough, and said assessment shall be collected at the same time that the annual taxes are collected, and by the same officers, and the said borough shall have the same remedies for the collection thereof that are pro- CHAPTER 71. An Act to provide for the appointment of clerks of the grand jury in counties of the third class in this state. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: It shall be the duty of the court of oyer and terminer, in all counties of the third class in this state, upon the recommendation of the prosecutor of the pleas of said county, to appoint a clerk for the grand jury, under the seal of the court, who shall hold his office for one year, unless sooner removed by the court, said clerk to receive no salary. 2. This act shall take effect immediately. Approved March 23, 1896. Clerk for grand appointed. jury, how CHAPTER 72. An Act to provide for the release of sureties in certain cases. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That at any time after the expiration of one year from the date of any final decree of distribution made after the passing by any orphans' court or other competent court of this state of the final account of any administrator, executor, assignee for the benefit of creditors, trustee under any will, or guardian When liability of sureties to terminate. Repealer. of 2. From and after the making of such order all liability of every such surety named in such order, and his, her or their heirs, executors and administrators, under or by virtue of his, her or their undertaking as such surety, shall cease, terminate and be at an end, but that the personal liability of such administrator, executor, assignee, trustee or guardian, as the case may be, shall nevertheless be and remain as if no such order had ever been made. 3. All acts and parts of acts inconsistent with the provisions of this act, in so far as inconsistent therewith, be and are hereby repealed, and that this act shall take effect immediately. Approved March 23, 1896. Governor to appoint agents to acquire and purchase land. CHAPTER 73. An Act for the appointment of agents to acquire a certain tract of land, situate in the county of Hudson, for the purpose of enlarging the grounds used for the soldiers' home at Kearny. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. The governor shall appoint three citizens of this state to be agents of the state to acquire, by purchase, for the public use of the state, for the purpose of |