-A. W .A. C T 
 
 RELATING TO 
 
 THE JERSEY CITY 
 
 Water and Drainage 
 
 WORKS. 
 
 APPROVED APRIL 2. 1869. 
 
 JERSEY CITY: 
 
 FEINTED BY JOHN H. LYON 
 
 1 S *3 9 . 
 
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3 5 2.L 
 
 IN 4 io 0^ 
 
 s 
 
 W STATE OF NEW JERSEY. 
 
 AN ACT 
 
 Relating to the Jersey City Water and Drainage Works. 
 
 1. Be it enacted, by tlie Senate and General Assembly 
 of the State of New Jersey , That the Mayor and Common 
 Council of Jersey City be, and hereby are authorized in the 
 manner hereinafter provided, to take and convey into and 
 through Jersey City, and such other places adjacent thereto, 
 as may desire the same, such portion of the water of Passaic 
 river flowing between the villages of Acquackanonk and 
 Belleville, as may be required to furnish the inhabitants of the 
 said places, with a sufficient quantity of pure and wholesome 
 water for domestic and other purposes. 
 
 2. And be it enacted , That all authority granted or given 
 by this act, shall be exercised exclusively by and through a 
 board of commissioners to be appointed as hereinafter direct¬ 
 ed ; and in pursuance of this authority, the said commission¬ 
 ers may employ all proper engineers, surveyors, clerks, and 
 other agents and assistants, necessary or convenient for ac¬ 
 complishing the purpose contemplated by this act, and may 
 enter upon any land or water for the purpose of making 
 surveys and examinations for the same. 
 
 3. And be it enacted , That the said commissioners shall, 
 
 for and in the name of “ the Mavor and Common Council of 
 
 «/ 
 
 Jersey City,’’ take and hold any lands or other real estate 
 necessary for the construction of any canals, aqueducts, res¬ 
 ervoirs, or other works for conveying or containing water, or 
 for the erection of any buildings or machinery, or for laying 
 any pipes or conduits for conveying the water into or through 
 
 Authority 
 to take wa¬ 
 ter from 
 Passaic 
 river. 
 
 Authority 
 to be exer¬ 
 cised by \va- 
 rer commis¬ 
 sioners. 
 
 Laud may 
 be taken. 
 
4 
 
 Water may 
 be distri¬ 
 buted. 
 
 How disa¬ 
 greement 
 about laud 
 to be set¬ 
 tled. 
 
 Money 
 therefor 
 paid into 
 court. 
 
 Works may 
 be bnilt un¬ 
 der roads. 
 
 the said places, or for the construction of the sewerage works 
 provided for in this act, or to secure and maintain any por¬ 
 tion of the works; and in general to do any other act neces¬ 
 sary or convenient for accomplishing the purposes contem¬ 
 plated by this act; and may distribute water throughout the 
 corporate limits of Jersey City, and through such portions of 
 the counties of Hudson and Bergen as the inhabitants there¬ 
 of may desire. 
 
 4. And be it enacted , That in case of any disagreement 
 between the commissioners and the owners of any lands or 
 water rights which may be required for the said purposes, or 
 affected by any operation connected therewith, as to the 
 amount of compensation to be paid to such owner, or in case 
 any such owner shall be an infant, or a married woman, or 
 unknown, or insane, or shall be absent from this state, the 
 circuit court in and for the county of Hudson shall, on the 
 application of either party, nominate and appoint three dis¬ 
 interested persons, to examine such property, and estimate 
 the value thereof, or damage sustained thereby; and who 
 shall, after reasonable notice to the parties, of the time and 
 place where they will be heard in relation to the matter, pro¬ 
 ceed without delay to make their report thereon, and deliver 
 the same to the court at the next session thereof, which 
 shall be held in the said county. 
 
 5. And be it enacted , That whenever such report shall be 
 confirmed by the court aforesaid, the commissioners shall, 
 within two months thereafter, pay to the said owner, or to 
 such person or persons as the court may direct, the sum men¬ 
 tioned in said report, in full compensation for the property 
 so required, or for the damage sustained, as the case may be; 
 and thereupon the Mayor and Common Council of Jersey 
 City shall become seized in fee of such property so required, 
 and shall be discharged from all claim by reason of such dam¬ 
 age ; but no claim shall be made or allowed after the expir¬ 
 ation of three years from the time the land is taken, or the 
 damage suffered. 
 
 6. And be it enacted , That the commissioners in behalf of 
 the Mayor and Common Council of Jersey City, and all 
 
5 
 
 persons acting under tlieir authority, shall have the right to 
 use the ground or soil under any road, railroad, highway, 
 street, lane, alley, or court, within this state, for the purpose 
 of constructing the works contemplated by this act, on con¬ 
 dition that they shall cause the surface of such road, railroad, 
 highway, street, lane, alley, or court, to be restored to its or¬ 
 iginal state, and all damages done thereto to he repaired. 
 
 7. And be it enacted , That all contracts for materials, or 
 for the construction of the work, shall be made in writing, 
 and of each contract three copies shall be taken, which shall 
 be numbered with the same number and endorsed with the 
 name of the contractor, and a summary of the work to be 
 done or materials furnished; one of such copies shall be de¬ 
 posited with the comptroller of Jersey City, or such other 
 officer as the Common Council may direct, and one shall he 
 retained by the commissioners. 
 
 8. And be it enacted , That public notice shall be given of 
 the time and place at which sealed proposals will be received 
 for entering into contracts, by publishing the same in two 
 newspapers published in the county of Hudson for at least 
 twenty days; and all proposals for contracts shall be for a 
 sum certain, as to the price to be paid or received; and no 
 proposition which is not thus definite and certain, or which 
 contains any alternative, condition or limitation as to price, 
 shall be received or acted upon ; nor shall more than one 
 proposition be received from any one person for the same 
 contract, directly or indirectly; and all the propositions of 
 any person offering more than one, shall be rejected ; and 
 every person or persons proposing as aforesaid, shall accom¬ 
 pany such proposition with a bond, to be approved by the 
 commissioners, conditioned to faithfully carry into effect his 
 or their proposition, if accepted. 
 
 9. And be it enacted , That every person who shall enter 
 into any contract with the commissioners, for the supply of 
 materials or the performance of any work or labor, shall give 
 satisfactory security for the faithful performance of his con¬ 
 tract, according to its terms; and no commissioner shall be 
 interested, directly or indirectly, in any contract relating to 
 said work. 
 
 Contracts to 
 be in writ¬ 
 ing. 
 
 To adver¬ 
 tise for pro 
 posals. 
 
 Contractors 
 to give se¬ 
 curity. 
 
 No commis¬ 
 sioner to be 
 interested. 
 
6 
 
 Materials 
 exempt 
 from execu 
 tiou. 
 
 Stock au¬ 
 thorized. 
 
 10. And be it enacted , That all materials procured, or par- 
 . tially procured, under contract with the commissioners, shall 
 
 be exempt from execution ; but it shall be the duty of the 
 commissioners to pay the moneys due to such contractor, tor 
 such materials, to the judgement creditor of the contractor, 
 under whose execution such materials might otherwise have 
 been sold, upon his producing to them due proof that his exe¬ 
 cution would have so attached, and such payment shall he 
 held as valid payment on the contract. 
 
 11. And be it enacted , That for the purpose of defraying 
 all the expenses and the cost of such lands as shall be taken 
 or purchased for the purposes of this act, and for construct¬ 
 ing all works necessary to the full accomplishment thereof, 
 and all expenses incidental thereto, said hoard of commission¬ 
 ers shall have authority to issue in the name of the said 
 and Common Council of Jersey City, notes or scrip, or 
 certificates of debt, to be denominated on the face, “ Jersey 
 City Water Scrip,” to an amount in the whole not exceed¬ 
 ing two millions of dollars, including the amount already is¬ 
 sued, bearing an interest not exceeding seven per cent, per 
 annum, and said interest shall be payable semi-annually, and 
 the principal of said debt shall be payable at periods not 
 less than fifteen, or more than fifty years from date ; and 
 the commissioners may sell the same, at public or private 
 sale, at par or above, at such time as the proceeds thereof 
 may be required for the construction of the works, or may 
 pledge the same, for money borrowed at a higher rate of in¬ 
 terest, if in their opinion, the necessities of the work require 
 such proceeding ; provided, that no higher rate of interest be 
 paid for any sum of money borrowed on a pledge of said 
 scrip than at the rate of seven per cent, per annum and the 
 payment of all interest accruing beyond the amount which 
 may be paid from the rents received for the use of the water, 
 shall be provided for and paid by the Mayor and Common 
 Council of Jersey City, who are hereby authorized and re¬ 
 quired to raise and assess for that purpose, by tax, such 
 amount as may be necessary, above the other taxes author¬ 
 ized by law. All certificates issued as aforesaid, shall be 
 
7 
 
 signed by the commissioners, or a majority of them, and 
 countersigned by the mayor of Jersey City ; and a record of 
 all certificates issued or disposed of shall be kept by the com¬ 
 missioners, and copies of such record shall be made and de¬ 
 livered to the treasurer of Jersey City ; all moneys received 
 by the commissioners shall be deposited by them in some 
 bank or banks of good credit in the state of New Jersey or 
 in the city of New York, and be made payable to the joint 
 order of the president, and at least two other members of the 
 board only. 
 
 12. And be it enacted , That the commissioners shall keep 
 regular books of accounts, and books for recording the whole 
 of their official proceedings ; and the said commissioners, 
 and the clerks employed in their service, shall be sworn to 
 the faithful performance of their duties ; and all such books 
 shall be open to the examination of any person or persons 
 appointed for that purpose by the Mayor and Common Coun¬ 
 cil of Jersey City ; the commissioners shall also on the first 
 Tuesday in January, in every year, make a report to the 
 said Mayor and Common Council of the condition of the 
 works under their charge, accompanied by a statement of 
 their receipts and expenditures on account of the same. 
 
 13. And be it enacted , That the board of commissioners, 
 for the time being, shall regulate the distribution and use of 
 the water, in all places, and for all purposes, where the same 
 may be required, and from time to time shall fix the price 
 for the use thereof, and the times of payment; and may 
 erect such number of public hydrants, and in such places as 
 they shall see fit, and direct in what manner and for what 
 purposes the same shall be used ; all which they may change 
 at their discretion. 
 
 14. And be it enacted , That the water commissioners of 
 Jersey City shall from time to time fix the prices to be charg¬ 
 ed for the use of Passaic water where the same is taken and 
 used, and the owner and occupier of any house, lot or tene¬ 
 ment, shall each be liable for the payment of the price so fixed ; 
 and the said commissioners shall also from time to time 
 fix a sum, to be assessed annually upon all vacant lots, and 
 
 Commis¬ 
 sioners to 
 keep books. 
 
 To make 
 reports. 
 
 Commis¬ 
 sioners to 
 regulate use 
 of water 
 and fix 
 price. 
 
 Who to pay 
 for water. 
 
 Shall assess, 
 
8 
 
 A lieu. 
 
 lots with buildings thereon, in which Passaic water is not 
 taken, if the same are situated upon any road, street, avenue, 
 lane, alley, or court, in Jersey City, through or in which 
 pipes for distributing the water are laid, which prices and 
 sums so fixed and assessed shall be denominated “ water 
 rents ; ” and the said water commissioners shall from time to 
 time determine and give public notice of the times and places 
 at which the said water rents shall be due and payable, and 
 the penalties to be charged for delaying the payments be¬ 
 yond the times so fixed ; and the said water rents shall, until 
 paid, be liens upon the property charged therewith : and the 
 water commissioners may at any time after the twentieth 
 day of December, in each year, deliver to the Mayor and 
 Common Council of Jersey City, an account certified under 
 the hands of the president, of all such water rents and pen¬ 
 alties for delinquency, as were due before said twentieth day 
 of December, and remain unpaid, with the name of the own¬ 
 er or occupier of the lot liable to said rent, or whereon the 
 water was used, for which such rent was charged, and a des¬ 
 cription or designation of such lot, and sucii certified ac¬ 
 count, shall be filed in the office of the city clerk, and record¬ 
 ed in a book to be kept for that purpose; the said account 
 and book, and duly certified copies thereof, shall be evidence 
 of the facts contained therein, and the said Mayor and Com¬ 
 mon Council may, and shall, upon receiving said certified ac¬ 
 count, cause said lands to be sold for the’payment of said 
 water rents and penalties, and the interest thereon from said 
 twentieth day of December, at the rate of twelve per centum 
 per annum, and also costs, charges and expenses of advertis¬ 
 ing and sale, in the same manner as said Mayor and Common 
 Council are, or may be, authorized by law to sell lands in 
 said city for the payment of taxes thereon, and said proceed¬ 
 ings, and the effect thereof, shall be the same in all things as 
 if the said lands were sold for taxes; and said Mayor and 
 Common Council shall, upon receiving the rents, penalties 
 and interest from such sale, immediately pay over the same 
 to said water commissioners, and until such sale said water 
 commissioners shall have power to collect and receive said 
 
9 
 
 water rents and penalties, with interest thereon, at the rate 
 of twelve per centum per annum from such twentieth day of 
 December, and the costs that may have accrued thereon, and 
 shall, before such sale, certify to the city clerk what rents, 
 penalties and interest thereon, contained in such certified 
 account, have been since paid. 
 
 15. And be it enacted ?, That the said commissioners shall 
 make no contracts for the price of using water, for a longer 
 term than three years, and at the expiration of any term or 
 lease, the price for the use thereof shall be adjusted accord- 
 in g to the regulations then established. 
 
 16. And be it enacted, That the water commissioners of 
 Jersey City shall fix the aforesaid water rents or prices for 
 water and assessments upon property situated where distri¬ 
 buting pipes are laid, with reference to paying from the pro¬ 
 ceeds thereof the interest and principal of the u Jersey City 
 water scrip,” or bonds, as they respectively fall due; and 
 such portions of the monies received by the said commission¬ 
 ers as may remain, after paying all expenses for extending 
 and maintaining the works and raising and distributing the 
 water, and salaries, wages and incidental charges, shall be 
 
 Contracts 
 for water. 
 
 Water 
 rents, &c., 
 how ap¬ 
 plied. 
 
 applied, first, to the payment of interest upon the debt cre¬ 
 ated for the construction of the works ; and next, to the 
 purchase of the u scrip ” or bonds issued therefor, if the same 
 can be obtained at reasonable rates, or if that cannot be 
 effected, then to be safely invested by the said water commis¬ 
 sioners, and allowed to remain as a sinking fund, to be ap¬ 
 plied to the payment of scrip at its maturity. 
 
 IT. And be it enacted , That if the occupier of any tene- Landlord 
 
 . . 0 -1*1 and tenant. 
 
 ment, or lot, for the use of water, upon which any water 
 rent may become due while the same is occupied by him, 
 shall refuse or neglect to pay the same when due, the owner 
 of such tenement, or lot, may pay said rent and the penalties 
 thereon, with interest, and may recover the same with lawful 
 interest thereon, from such payment of such occupier, by 
 action, or in case such occupier is the tenant, or sub-tenant, 
 of such owner, by action or distress, to be made and con¬ 
 ducted in the same manner as a distress for rent for saidpre- 
 2 
 
10 
 
 Quorum. 
 
 Commis¬ 
 sioners may 
 sue. 
 
 mises, such distress to be levied in six months after such 
 payment, and not to be levied for more than one year, with 
 rent and penalties, and interest thereon, and such rent, 
 penalties, and interest, shall in no case be recovered by such 
 owner, of such occupier, unless, as between said owner and 
 occupier, such occupier shall be by law bound to pay the 
 same. 
 
 18. And be it enacted , That a majority of the said com¬ 
 missioners shall constitute a quorum for the transaction of 
 any business allowed or required by the powers or duties of 
 their commission, and all contracts and engagements, acts 
 and doings of the said commissioners within the scope of 
 their duty or authority, shall be obligatory upon and be in 
 law considered as done by the Mayor and Common Council 
 of Jersey City ; and the said Mayor and Common Council, 
 and all real estate within Jersey City, and all goods and 
 chattels within said city belonging to residents thereof, shall 
 be liable for the payment of the principal and interest that 
 may become due on the scrip or bonds to be issued by virtue 
 of this act. 
 
 19. And be it enacted , That the said commissioners may 
 prosecute or defend any action or process of law or in 
 equity, by the name of the “ Water Commissioners of Jer 
 sey City,” against any person or persons, for money due for 
 the use of the water ; for the breach of any contract, express 
 or implied, touching the execution or management of the 
 works or the distribution of the water, or of any promise or 
 contract made to or with them ; and also for any injury, or 
 trespass, or nuisance done or suffered to the water courses, 
 pipes, machinery, or any apparatus belonging to or con¬ 
 nected with any part of the works, or for any improper use 
 or waste of the water ; and any vacancy, or the filling any 
 vacancy in the board of commissioners, either before or after 
 any cause of action arises or suit is commenced, shall not 
 change the right of said commissioners, as a body, to com¬ 
 mence or maintain such action or process at law or in equity ; 
 but in all such cases they shall be considered from the time 
 of the organization of the board as a corporation. 
 
11 
 
 20. And be it enacted , That if any person or persons shall 
 maliciously or wilfully divert the water or any portion 
 thereof from the said works, or shall corrupt or render the 
 same impure, or shall destroy or injure any canal, aqueduct, 
 pipe, conduit, machinery, or other property, used or required 
 for procuring or distributing the water shall in any manner 
 wilfully or maliciously destroy, injure, or obstruct any works 
 connected with the drainage of Jersey City, or shall unne¬ 
 cessarily or maliciously open any gates belonging thereto, or 
 otherwise let off or waste the water, to the injury of any 
 part of the said works, or shall, in any way, hinder or im¬ 
 pede any of the opeations intended to be accomplished 
 thereby, he, she or they so offending, shall be considered 
 guilty of misdemeanor, and on being convicted thereof shall 
 be punished by fine or imprisonment, or both, at the discre¬ 
 tion of the court in which such conviction shall be had; 
 provided such fine shall not exceed the sum of fifty dollars, 
 nor the imprisonment the term of one year; and such crimi¬ 
 nal prosecution shall in no case impair the right of action 
 for damages by a civil suit which may be brought by the 
 water commissioners of Jersey City. 
 
 21. And be it enacted , That for the security and proper 
 management of the Jersey City water works and drainage 
 works, and to prevent the waste or improper use of water, 
 the water commissioners of Jersey City shall have power to 
 make$such by-laws, rules and regulations respecting the intro¬ 
 duction of Passaic water into houses, tenements, and manu¬ 
 factories, or other places where the same may be required, 
 and may from time to time regulate the use thereof in such 
 manner as shall seem to them necessary and proper ; and also 
 to fix and determine of what size and forms, and of what 
 materials, and in what manner private drains shall be laid 
 and connected with the sewers or drain pipes in the streets 
 or thoroughfares in the city, and may fix the penalties to be 
 recovered for breaches or evasions of all such rules ; pro¬ 
 vided such rules, regulations and by-laws are not inconsistent 
 with the constitution and laws of the state of hiew Jersey, 
 or of the United States, and that the penalty imposed in any 
 0 ne case shall not exceed the sum of fifty dollars. 
 
 Penalty for 
 
 injuring 
 
 works. 
 
 Commis¬ 
 sioners can 
 make rules. 
 
12 
 
 Commis¬ 
 sioners may 
 enter and 
 examine. 
 
 Penalties. 
 
 Penalties 
 for obstruc¬ 
 tions to 
 woHks. 
 
 Fines, &c., 
 how reco¬ 
 vered. 
 
 22. And be it enacted , That the water commissioners of 
 Jersey City, and all engineers, superintendents or inspect¬ 
 ors in their service, are hereby authorized and directed to 
 enter at all reasonable hours any dwelling or other place 
 where Passaic water is taken or used, or where unnecessary 
 waste thereof is known or suspected, and examine and in¬ 
 quire into the cause thereof; and the said commissioners, 
 engineers, superintendents and inspectors shall have full 
 power to examine all service pipes, stop-cocks and other ap¬ 
 paratus connected with the water supply or drainage works, 
 for the purpose of ascertaining whether the same are of the 
 character and dimensions, and fixed in the manner directed 
 in the permits issued therefor; and if any person or persons 
 shall refuse to permit such examination, or oppose or ob¬ 
 struct such officer in the performance of such duty, he, she 
 or they so offending shall be liable to such penalty, not ex¬ 
 ceeding ten dollars for each offence, as the water commis¬ 
 sioners may impose, and the supply of water shall also be 
 shut off until the required examination is made, and -such 
 alterations and repairs are completed as may be found ne¬ 
 cessary. 
 
 23. And be it enacted , That if any person shall place any 
 stones, bricks, lime, sand, lumber, or any other article in 
 such situation in any street, avenue, lane, or alley, as to 
 prevent access to any water pipe, stop-cock, or fire hy¬ 
 drant, belonging to the Jersey City water works, or to any 
 man hole, side culvert, or gully of any sewer or drain, or in 
 such situation as to interfere with the regular action of such 
 works, the owner or owners of such materials shall forfeit 
 and pay for each offence the sum of twenty-five dollars, and 
 ten dollars for each day such articles are suffered to remain 
 in such situation after written notice from the water com¬ 
 missioners to remove the same. 
 
 24. And be it enacted , That all fines, forfeitures, and pen¬ 
 alties imposed by or under authority contained in this act, 
 may be sued and recovered by an action of debt instituted 
 in the name of the “ Water Commissisners of Jersey City,” 
 before any justice of the peace, or in any court having cog¬ 
 nizance in similar cases. 
 
13 
 
 25. And be it enacted , That any lands or real estate taken, 
 held, or occupied or used for the Jersey City water works, 
 or any of the purposes thereof, shall he assessed and taxed 
 in the manner prescribed by law, at the value of the land, 
 exclusive of any pipes, buildings, machinery, or works of any 
 kind placed thereon ; and the whole of the said works, ex¬ 
 clusive of the land, shall be exempted from taxation, and 
 that within the county of Hudson the land as well as the 
 works shall also be exempt. 
 
 26. And be it enacted , That the water commissioners of 
 Jersey City are hereby authorized and empowered to con¬ 
 struct the sewerage works described in a plan submitted by 
 them to the Mayor and Common Council of Jersay City, in 
 the year 1853, and by them approved, and at such time as 
 the Mayor and Common Council shall decide that the several 
 parts are required for the benefit or convenience of the citi¬ 
 zens, or the promotion of the public health. 
 
 27. And be it enacted , That when application shall be 
 made to the Mayor and Common Council of Jersey City to 
 have a sewer or drain made or constructed in any street, 
 avenue, lane or alley in said city, by any one or more of the 
 owners of lots fronting on any part of the line of the pro¬ 
 posed sewer or drain the same preliminary proceedings shall 
 be had in relation thereto as are now authorized and directed 
 by the charter, when applications are made for the construc¬ 
 tion of sewers ; and if the Mavor and Common Council, after 
 considering the application and objections thereto, if any are 
 made, shall decide that the sewer or drain applied for ought 
 to be constructed, they shall give notice in writing of such 
 decision to the water commissioners, who shall thereupon 
 proceed and construct the said sewer or drain, and connect 
 therewith the drain pipes required for draining the adjacent 
 streets, the whole to conform in all essential particulars to 
 the before mentioned plan. 
 
 28. And be it enacted , That the sewers authorized to be 
 constructed in Jersey City by the water commissioners of 
 said city shall not be constructed on the plans heretofore 
 adopted and authorized in that part of said city east of Pro- 
 
 Exemptions 
 from tax¬ 
 ation. 
 
 Sewerage 
 
 plan. 
 
 Application 
 for sewers. 
 
 Deviations 
 from sewer¬ 
 age plan. 
 
14 
 
 Assessment 
 on Lon? 
 Dock Com¬ 
 pany. 
 
 vost street, and between Pavonia avenue and North Fifth 
 street; and no sewer shall be constructed in that part of said 
 city except as hereinafter provided, but shall be so con¬ 
 structed as to drain the parts of said city lying w T est of Pro¬ 
 vost street, and between Pavonia avenue and Forth Fifth 
 street, and along North First street west of Meadow street, 
 as effectually and completely as could be done by the plan 
 heretofore authorized and adopted, and that for that purpose 
 the sewers authorized to be constructed in North Second, 
 North Third, North Fourth, and North Fifth streets, shall, 
 at Provost street, intersect and discharge into a sewer of 
 sufficient dimensions, to be constructed in Provost street to 
 North Fifth street, and thence along North Fifth street east¬ 
 erly to the Hudson river, and at such a descent as will carry 
 off the water at ordinary low tide, with the same flow as it 
 would have run along the sewers designed by the plans here¬ 
 tofore adopted. 
 
 29. And be it enacted , That in assessing the expenses for 
 constructing any sewer authorized by this act, which in any 
 respect differs from the sewers authorized and established by 
 the existing plan, the water commissioners of Jersey City 
 shall not assess upon any lands except the lands east of Pro¬ 
 vost street, and between Pavonia avenue and North Fifth 
 street, now owned by the Long Dock Company, any greater 
 expense than said lots would have been subject to if said 
 sewers had been constructed on the plans now authorized and 
 adopted ; and any excess of such cost and expense over and 
 above what would have been the cost if constructed on the 
 present plans, shall be assesed upon and collected from the 
 land lying east of Provost street, and between Pavonia av¬ 
 enue and North Fifth street, which are now owned by the 
 Long Dock Company ; and such assessment may be made 
 upon, and levied and collected from said lands, by such pro¬ 
 ceedings and sale as now are, or may be hereafter authorized 
 by law to assess, levy and collect the costs and expenses of 
 other sewers upon and from the lands in said city made sub¬ 
 ject thereto. 
 
 30. And be it enacted , That for the purpose of effectually 
 
15 
 
 executing and carrying out the plan of sewerage and drains, 
 adopted as hereinbefore indicated, that all such parts of the 
 charter of Jersey City, approved March eighteenth, eighteen 
 hundred and fifty-one, and all such amendments thereto as 
 relate to the alteration of the grade of streets, and all other 
 parts of said charter or the amendments thereto, as contra¬ 
 vene or are inconsistent with the true intent and meaning of 
 the provisions of this act, be and the same are hereby re¬ 
 pealed, and the water commissioners shall within six months 
 file in the city clerk’s office of Jersey City, a map or maps 
 showing the proper height of all points in the streets of said 
 city, with such alterations from time to time as shall become 
 necessarv to suit any changes which shall be made in the 
 grades of sewers, which map and alterations shall be the au¬ 
 thorized grade map of Jersey City ; provided that no altera¬ 
 tion shall be made in any grade unless with the consent of 
 the Common Council after daily publication of the same in 
 two of the city papers for the space of thirty days, and not 
 otherwise than in the manner provided in the charter and 
 supplements incorporating Jersey City. 
 
 31. And be it enacted , That it shall be lawful for the board 
 of water commissioners to cause improvement certificates to 
 be issued, under the hand of their president, attested by the 
 signature of the registrar to said board, in such sums as may 
 seem to them necessary, in payment for the construction of 
 sewers or their appurtenances, now or hereafter to be au¬ 
 thorized to be constructed by them, and that the same shall 
 be made payable, with such rate of interest, not to exceed 
 seven per cent, per annum, as they may deem best, which 
 said Certificates shall be paid out of the moneys realized 
 from the assessments imposed for such sewers and appur¬ 
 tenances, and in default of the collection of the same, with¬ 
 in eighteen months of the date thereof, they, the said water 
 commissioners, will, on thirty days’ written notice by the 
 holder, cause the same to be paid, with the interest which 
 shall accrue on the same. 
 
 32. And be it enacted , That the said certificates shall be 
 made transferable, by endorsement, and be of like validity 
 
 Street 
 
 grades. 
 
 Improve¬ 
 ment certi¬ 
 ficates 
 
 Interest. 
 
 How paid. 
 
 Certificates 
 
 treusfer- 
 
 able. 
 
16 
 
 Assessment 
 on comple¬ 
 tion of 
 sewer. 
 
 Notice to be 
 given. 
 
 Assessment 
 a lien. 
 
 Arrears, 
 how col¬ 
 lected. 
 
 as to the security for their payment, as the other evidences 
 
 of indebetedness authorized to be issued bv this act. 
 
 */ 
 
 33. And be it enacted , That when any sewer and the 
 drain pipes, and other work connected therewith shall be 
 completed, the water commissioners shall ascertain the 
 whole cost thereof, and the number and sizes of all lots or 
 separate parcels of ground drained thereby, and shall fix the 
 amount to be paid for each in proportion to their dimensions, 
 without reference to their situation or value ; .and to the 
 whole ascertained cost the commissioners shall add interest 
 at the rate of seven per cent, per annum upon all payments 
 made on account of the work during its progress, from the 
 time of payment until thirty days after the first publication 
 of the notice hereinafter directed, and such interest shall be 
 added to and constitute a part of the cost of the work ; and 
 w r hen the proportion of the whole cost chargeable to each lot 
 or parcel of ground is ascertained in the manner before 
 directed, public notice shall be given by an advertisement, 
 containing a full statement thereof, which shall be inserted 
 one week in two newspapers printed in Jersey City, and 
 notice shall also be given in the same manner of the place 
 where payment will be received, if tendered within thirty 
 days next succeeding the date of such notice. 
 
 34. And be it enacted , That when the whole cost of anv 
 sewer, and the works therewith connected, shall be ascer¬ 
 tained and the interest added, and the amount to be paid 
 for each lot fixed, the same shall be a lien upon said lots 
 respectively ; and if the same shall not be paid at the end 
 of the thirty days from the first publication of the notice 
 provided for in the preceding section, then the said water 
 commissioners shall make out and deliver to the Mayor and 
 Common Council of Jersey City, an account thereof, and 
 certify that the same remains due and unpaid, and the 
 Mayor and Common Council shall thereupon order and di¬ 
 rect the collector of revenue to proceed and collect the 
 amount due, in the same manner that arrears of taxes and 
 assessments are collected, and with interest thereon, from 
 the end of the $aid thirty days, at the same rate, and the 
 
17 
 
 said collector shall thereupon proceed and collect the same 
 in such manner. 
 
 35. And be it enacted , That if any assessment made by 
 the Water Commissioners of Jersey City for the cost of the 
 construction of any sewer, and the drains and works con¬ 
 nected therewith shall have been set aside by themselves or 
 any other competent tribunal, said water commissioners may 
 make a new assessment of said cost, according to law, and 
 the same shall be as valid and of the same effect as if it had 
 been the first assessment, and shall be made, collected, and 
 enforced in the same manner. 
 
 36. And be it enacted , That when any old sewer in Jersey 
 City is wholly or in part taken up, to benefit other lots, by 
 building a new sewer for the use of other lots not otherwise 
 properly drained, instead of assessing to the lots heretofore 
 assessed for the old sewer, their full share of the cost as now 
 required by law, it shall be optional for the assessor to assess 
 said costs and charges on the lots requiring such extension 
 and use of such sewer and tributaries ; or such proportion 
 on the city and on the lots before assessed, for the old sewer, 
 as in their judgement will be equitable and proper. 
 
 37. And be it enacted , That the water commissioners may 
 permit parties owning lots off the line of any main sewer or 
 lateral to drain the said land into the said sewer or lateral, 
 upon payment of such an assessment as may be deemed just; 
 and provided however, that no assessment for this purpose 
 shall be made or annual sum paid on any lot or parts of lots, 
 the owners of which have heretofore paid an annual sum for 
 the drainage of said lots or parts of lots into said sewer; and 
 provided also, that where the construction of any such sewer 
 or lateral shall obstruct the natural drainage of any lot or 
 lots, the commissioners shall provide an outlet for said water, 
 or permit the owner or owners of any such lots to drain into 
 said sewer, under certain restrictions or until they provide a 
 sewer. 
 
 38. And be it enacted , That the water commissioners of 
 Jersey City shall have exclusive power over and take full 
 charge of the repairing and cleansing of all public sewers, 
 
 3 
 
 Assess¬ 
 ments may 
 be cor¬ 
 rected. 
 
 Assessing 
 for replac¬ 
 ing old 
 sewers. 
 
 Private 
 
 drains. 
 
 Commis¬ 
 sioners to 
 have exclu¬ 
 sive charge 
 of sewers. 
 
18 
 
 Annual tax 
 for repairs 
 and clean¬ 
 ing. 
 
 Survey of 
 route of ca¬ 
 nal or cross 
 sewer to be 
 filed. 
 
 Commis¬ 
 
 sioners. 
 
 Notice of 
 meeting to 
 be given. 
 
 and tlie necessary parts thereof, constructed in Jersey City, 
 and that for the purpose of enabling the said commissioners 
 to pay the expenses incident to such repairs and cleansing, 
 they are hereby authorized to impose upon each lot of land 
 in said city, embracing twenty-five hundred square feet of 
 land or less, an annual tax not exceeding fifty cents, which 
 said tax shall be a lien upon said lot, and shall be assessed 
 and collected at the same time and in the same manner as 
 water rents are now assessed and collected. 
 
 39. And be it enacted , That before the canal or other re¬ 
 ceptacle for flushing water, lorming a part of the aforesaid 
 plan for draining Jersey City, with the approval of the Com¬ 
 mon Council, shall be made or commenced, the water com¬ 
 missioners of Jersey City shall cause the route for the 
 same to be carefully surveyed and distinctly marked, and 
 a correct map made thereof, and shall obtain detailed esti¬ 
 mates of the probable cost of constructing the same ; and the 
 said water commissioners shall give public notice by an ad¬ 
 vertisement published at least two weeks in all the newspa¬ 
 pers printed in the county of Hudson, of the time at which 
 they will present certified copies of the said map and esti¬ 
 mates to the circuit court, at a regular session thereof, to be 
 held in and for the county of Hudson, and ask for the ap¬ 
 pointment of commissioners hereinafter directed; and the 
 said court, after receiving and considering the said map and 
 estimates, and hearing the parties interested in the matter, 
 shall appoint three judicious disinterested men, not residents 
 of the county of Hudson, as commissioners to apportion and 
 assess the estimated cost of said canal upon all such real 
 estate lying in Jersey City, or adjacent thereto, as will in 
 their opinion be benefited thereby. 
 
 40. And be it enacted , That the commissioners so ap¬ 
 pointed shall give public notice to all concerned of the time 
 and place at which they will meet for the purpose of per¬ 
 forming the duties herein directed, by causing the same to 
 be published at least two weeks in each newspaper printed 
 in the county of Hudson ; and they shall personally examine 
 the route of the proposed canal surveyed and marked as 
 
19 
 
 hereinbefore directed ; and after hearing such parties as claim 
 to be interested therein, and considering all matters relating 
 thereto, shall make out and present to said court a report in Report, 
 writing, containing a list of all such land as in their opinion 
 ought to be assessed for the payment of the cost of the said 
 canal and the proportion of the whole cost which ought to 
 be charged to each separate parcel thereof. 
 
 41. And he it enacted , That if the report so made and pre- Report to be 
 
 sented sliall he approved and confirmed by the said court, water com- 
 , , , , , tt i i n • . missioned. 
 
 the county clerk ot the county ot Hudson shall give notice 
 thereof to the water commissioners of Jersey City, by deliv¬ 
 ering to them a certified copy of said report, with the ac¬ 
 tion of the court in relation to the matter endorsed thereon ; 
 and the said water commissioners shall, on a receipt thereof, whotocon- 
 be authorized to proceed and construct the said canal; and 
 when completed shall ascertain the whole cost of the same, Assess- 
 and collect the amount so ascertained from the owners' of 
 the land described in the report of the commissioners of ap¬ 
 praisement, and in the proportions fixed therein, together 
 with the legal interest accruing thereon from the time the 
 amount is ascertained until the day of payment; and if the Arrears, 
 whole or any part of the sum or sums so ascertained and as¬ 
 sessed shall remain unpaid for a longer time than thirty 
 days after the date of a notice to be published by said water 
 commissioners, that the canal or other work is completed, 
 and payment is due therefor, the same measures shall be 
 pursued to enforce the payment thereof, as are directed in 
 the thirty-fourth section of this act. 
 
 42. And he it enacted , That it shall be lawful for the Recunstruc- 
 Common Council of Jersey City, whenever in their estima- ers. 
 
 tion the public good will be promoted thereby, and applica¬ 
 tion shall be made to them as directed in the twenty-seventh 
 section of this act for such purpose to direct, in the manner 
 provided in said section, the water commissioners of Jersey 
 City to take up any sewer or sewers constructed prior to the 
 adoption of the plan named in this act ; whether directed in 
 said plan to be taken up or not, or any sewer or sewers, or 
 parts thereof, which may have been constructed, or ordered 
 
20 
 
 Reconstruc¬ 
 tion bonds. 
 
 Tax. 
 
 May invest 
 proceeds of 
 tax. 
 
 Bonds to be 
 negotiable. 
 
 to be constructed, according to said plan, and which may 
 have proved in the estimation of said water commissioners, 
 inoperative for the purposes for which the same were in¬ 
 tended, and to rebuild the same in conformity with the said 
 plan, whereupon it shall become the duty of the said water 
 commissioners to take up and rebuild said sewers in the 
 manner now authorized for other sewers in said city. 
 
 43. And be it enacted , That for the purpose of enabling 
 the said water commissioners to pay the costs and expenses 
 incident to the taking up and rebuilding the sewer or sewers, 
 or parts thereof, in the forty-second section of this act men¬ 
 tioned, it shall be lawful for the said commissioners to issue 
 bonds from time to time as occasion may require payable in 
 not less than five years, and at such rates of interest not ex¬ 
 ceeding seven per cent, per annum as they may deem expe¬ 
 dient ; and impose upon each lot of land in said city, em¬ 
 bracing twenty-five hundred square feet or less, an annual 
 tax not exceeding one dollar, which shall be appropriated in 
 their discretion to the payment of the interest and principal 
 of said bonds as the same shall become due, and appropriated 
 to no other purpose, which said tax shall be a lien upon said 
 lots of land respectively, and shall be assessed and collected 
 in the same manner as water rents are now assessed and 
 collected. 
 
 44. And be it enacted , That it shall be lawful for the said 
 water commissioners, from time to time, to invest the pro¬ 
 ceeds of the tax provided for in the preceding section of this 
 act in such manner as to them may seem advisable and judi¬ 
 cious, and to change such investment when in their judg¬ 
 ment the interest of the public may demand the same, to the 
 end that the amount so levied may be increased by the cu¬ 
 mulation of interest thereon; provided, that nothing in this 
 section contained shall be construed as restraining the said 
 commissioners at any time from appropriating any part of 
 said proceeds to the payment of the interest or principal on 
 said bonds, as prescribed in the said section of the act. 
 
 45. And be it enacted , That the bonds authorized to be 
 issued in the forty-third section, shall be of the same force 
 
21 
 
 and effect, and as valid for all the purposes directed by law, 
 as the other bonds or scrip authorized by this act, and that 
 the same may be negotiated and pledged in the same manner 
 and on the same terms as directed for the bonds heretofore 
 authorized. 
 
 46. And be it enacted , That Andrew Clerk, Noah D. Tay¬ 
 lor, George McLaughlin, and Patrick Reilly, together with 
 the President of the Board of Aldermen of Jersey City, for 
 the time being, shall constitute the Board of Water Com¬ 
 missioners, and that the term of office of one commissioner 
 shall expire on the first Monday in May in each year, fol¬ 
 lowing the order in which they are above named. 
 
 47. And be it enacted , That at the charter election to be 
 held in said city, in the year eighteen hundred and sixty- 
 nine, and every year thereafter, there shall be elected one 
 commissioner, who shall hold his office for four years next 
 ensuing such election ; and any vacancies that shall occur in 
 said commission by death, resignation or otherwise, shall be 
 filled by the Common Council of Jersey City, until the next 
 annual charter election for officers in said city, when the 
 same shall be filled by an election by the people for the un¬ 
 expired term ; and in no case shall a water commissioner be 
 an alderman, except the president of the board ex ojjicio / 
 and each of said commissioners, except the president of the 
 board of aldermen, who are appointed by this act, or who 
 shall be elected or appointed under the provisions of this act, 
 before entering upon the duties of his office shall give a bond 
 of twenty thousand dollars, with two good and sufficient 
 sureties, to the Mayor and Common Council of Jersey City, 
 and to be approved by said Mayor and Common Council, 
 for the faithful performance of their duties as such commis¬ 
 sioners. 
 
 48. And be it enacted , That the said commissioners so ap¬ 
 pointed and elected, shall be citizens of this state, residents 
 of Jersey City, of the age of at least thirty years, and shall 
 have been residents of said city for at least three years next 
 before their appointment; and that they shall, before en¬ 
 tering upon their duties as commissioners, each take and 
 
 Names of 
 
 commis- 
 
 sioaers. 
 
 Election at 
 expiration 
 of term of 
 office. 
 
 Vacancies 
 to be filled 
 by common 
 council. 
 
 Bonds to be 
 given. 
 
 Qualifica¬ 
 tions <>f 
 commis¬ 
 sioners. 
 
22 
 
 Duties of 
 president. 
 
 Salary. 
 
 Commis¬ 
 sioners may 
 be removed. 
 
 Repealing 
 
 clause. 
 
 subscribe an oath faithfully to perform the duties of water 
 commissioners of Jersey City according to law, which oath 
 shall be administered by any notary public of this state, or 
 the city clerk of Jersey City, and filed by said city clerk in 
 his office. 
 
 49. And be it enacted , That it shall be the duty of the 
 president of the board of said water commissioners to take 
 the general charge, supervision, and direction of the Jersey 
 City water and drainage works, and of all officers, agents, 
 overseers, inspectors, workmen, and others employed in the 
 care and management of the same, subject to the special 
 direction and general rules of the board ; and it shall also be 
 the duty of said president and at least one of the other com¬ 
 missioners to visit the engine house and inspect the pumping 
 engines and other machinery, the reservoirs and other parts 
 of the water works, once in each month, or oftener, if neces¬ 
 sary ; and to make and preserve, in a book to be provided 
 for that purpose, a record of all such visits, with remarks 
 upon the condition in which the several parts of the water 
 works were found, and upon the conduct of those having 
 charge thereof. 
 
 50. And be it enacted , That the salary of the president of 
 said board of water commissioners shall not exceed the sum 
 of one thousand dollars per annum to be paid out of any 
 money belonging to said board. 
 
 51. And be it enacted , That the Mayor and Common 
 Council of Jersey City shall at any time remove any com¬ 
 missioner, provided it shall satisfactorily appear, after reason¬ 
 able notice to the parties, and hearing the causes of com¬ 
 plaint and answers thereto, if any shall be offered, that the 
 commissioner whose removal is sought, has been guilty of 
 such mal-administration, or such neglect of the duties of his 
 office, that his removal will be right and proper; and two- 
 thirds of all the members elected to the said Common Coun¬ 
 cil shall concur in such removal. 
 
 52. And be it enacted , That the act entitled u An Act to 
 authorize the construction of works for supplying Jersey City 
 and places adjacent with pure and wholesome water,” and 
 
23 
 
 the several supplements thereto, and all acts and parts of 
 acts inconsistent with this act are hereby repealed. 
 
 53. And be it enacted , That this act shall be deemed a 
 public act and shall take effect immediately. 
 
 Approved April 2, 1869. 
 

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