commissioners shall have awarded, then said costs shall be
paid by said applicant or applicants, and either deducted out
of said sum found by the said jury or execution awarded
therefor, as the said court shall direct; but such application
shall not prevent the said board of chosen freeholders from
taking the said land upon the filing of the aforesaid report
as aforesaid; provided, that in no case whatever shall said Proviso.
board of chosen freeholders enter upon or take possession of
any land of any person or persons until they have paid or
tendered to the party or parties entitled to receive the same
the amount assessed by the commissioners as the value of
such lands and damages; but in no case shall the proceed-
ings of appeal stay the entry upon and possession by such
boards of the lands and real estate so as aforesaid taken and
appraised for the laying out and opening of said road; and Proviso.
provided, also, that if any party entitled to the payment of
the amounts so as aforesaid assessed shall refuse to receive
the same, be out of the state, or under any legal disability,
then the amount assessed or found as aforesaid shall be paid
to and kept on deposit by the county collector of any such
county for the use of the party or parties entitled to receive
the same; and, further, that the party or parties entitled to Proviso.
receive the amount assessed by the commissioners may, upon
tender being made, receive the same without being barred
thereby from his or her appeal from the report of the com-
missioners; and provided, further, that in case any money Proviso.
paid to or deposited as aforesaid with the county collector
shall belong to any infant, insane person or idiot, said money
shall be paid over by said county collector to any guardian
appointed to take charge of such infant's, insane person's or
idiot's estate, when it shall appear to the said circuit court
that such guardian has filed a good and sufficient bond to
cover said amount, with the court or surrogate appointing
such guardian, or the money may, by said court, be ordered
to be invested by the county collector for the benefit of such
infant, insane person or idiot.

estate, &c., in

8. And be it enacted, That if any person shall have a Mortgage, life mortgage, lease, life estate or any other estate less than fee, fands taken, to in any lands taken, said estate shall be appraised by the be deducted. commissioners, or, in case of appeal, by the jury, and deducted and paid out of the amount assessed or awarded for the whole fee.

May issue bonds to pay awards, &c.

9. And be it enacted, That in order to raise money to pay the award of the commissioners or assessment of damages by a jury in case of an appeal, for the lands and real estate taken by this act, it shall be lawful for any such boards of chosen freeholders to cause, by resolution, the bonds of such county, in the name of such board of chosen freeholders, to be issued for the same, in such sums as such board may deem proper, and that money realized from such bonds shall be paid to the county collector, to be by him applied to the payment of said awards and damages as directed by resolution of such board; that the bonds authorized to be issued by this section of this act may be either coupon or registered bonds, as the board of chosen freeholders may determine, and the same shall be made payable, both principal and interest, at the office of the county collector of such county, and said bonds shall be sold by the board of chosen freeholders of such county, upon the orders and resolutions thereof, either upon bids for the same, duly advertised for, or otherwise; provided, that said bonds shall in no case be sold at less than par; the director of such board and the county collector of such county shall sign said bonds, and the same shall be sealed with the seal of the county, and the county collector shall number and register the same, and registered bonds may be exchanged for coupon bonds, and coupon bonds exchanged for registered bonds, at the request of the holder thereof; provided, that the board of chosen freeholders, by Bonds, rate of resolution, shall consent to such exchange; and said bonds shall bear such interest as such board shall determine, not exceeding five per centum per annum, and said interest shall be paid semi-annually, and the said bonds shall have such time to run as said board of chosen freeholders may, at the time of the issue thereof, by resolution, determine, not. exceeding thirty years.

Proviso.

Proviso.

interest.

When due.

Principal and interest of bonds to be paid by tax.

Power to lay out road.

10. And be it enacted, That such board of chosen freeholders shall, each year, place in the tax levy for such county for such year, so long as such bonds shall run, a sufficient sum to pay all interest on said bonds during such year, and also a sufficient sum to pay the principal of said bonds falling due within the year, the same to be levied and raised in the same manner as other county taxes are levied and raised.

11. And be it enacted, That said board shall have the full

power to lay out, open, construct, improve and maintain such public road, as provided in the preceding sections of this act; that such board shall establish and determine the width of the carriage-way and sidewalks of said road; pro- Proviso. vided, that both carriage-way and sidewalk shall be one hundred feet in width and no more nor less; and shall construct said road by grading the same in such way and manner, and according to such grade as the said board shall fix and determine, by excavating and removing earth, rocks, trees, stumps, buildings, improvements and all obstructions, by disposing of such portion thereof as are not needed in the constructing and improving said road, to the best advantage, and by filling any low parts of the route, and otherwise preparing the premises for such road, by building all the bridges on such road, and by building all sewers, culverts and receiving basins, and providing all necessary sewerage and outlets for the same, or by making connection with or using any public sewers or outlets that may exist that they may deem necessary, within or without the lines of such road; provided, that such road shall be constructed upon the Proviso. grades established by any municipal authorities (if any have been established), as near as conveniently may be, so as to ensure an easy and even grade throughout the entire road, and in case any grade shall be changed, compensation shall be made to the person injured (if any there shall be injured by such alteration of grade); said board shall have power Further powers at any time to improve said road or any part thereof by paving, macadamizing, or otherwise improving the road-bed thereof, and by flagging or otherwise improving the sidewalks or any part thereof, by curbing and guttering said road or any part thereof, by providing lamps for and lighting such road or any part thereof, and may use in making any such improvement any labor or materials which said board is authorized to use, and any materials now or at such time in use, for any of said purposes, within the lines of such road that may be found there, or that may have been placed there by or under any municipal authority whatso

ever.

of board.

rials furnished

12. And be it enacted, That all work and materials of or Work to be exceeding one thousand dollars, done or furnished in and done and mateabout the opening, laying out, constructing and improving by contract. such road, shall be done or furnished by contract, after

Proviso.

Costs and expenses of road

tax.

advertisement, in the following manner: the said board shall advertise for proposals for doing any work or furnishing materials amounting in the whole to one thousand dollars or more, for at least two weeks, once in each week, in such of the newspapers of such county as they may deem expedient, and shall thereafter, at some stated or special meeting, award the contract or contracts to the lowest responsible bidder, who shall furnish such goods and sufficient sureties as may be approved by said board; all bids must be opened at a regular or special public meeting of said board, and not otherwise; but said board shall be under no obligation to accept the lowest bid, if they deem it to be against the public interest so to do, and may reject all bids if they deem it to be for the interest of the public so to do; and in case of such rejection the said board shall again advertise for proposals, and proceed in all things as if no proposals had before been offered; provided, that the board may in the laying out, opening, constructing and improving said road, use any labor or materials which said board is authorized now by law to use, and any materials now or at such time in use for any of said purposes within the lines of such road that may be found there, or that may have been placed there by or under any municipal authority whatso

ever.

13. And be it enacted, That except to cross such road, no horse, dummy or other railroad shall be allowed on such road or any part thereof.

14. And be it enacted, That costs, charges and expenses to be raised by of laying out, opening, constructing and improving such road in accordance with the provisions of this act, and all moneys required or necessary for any of the purposes aforesaid shall be raised in the manner hereinafter provided, and shall be paid by the public of such county at large, and shall be raised by tax at the times and in the manner hereinafter provided.

May issue certificates of indebtedness.

15. And be it enacted, That said board shall have the power to issue certificates of indebtedness in payment for work done or materials furnished, or any expense incurred in the execution of this act (except to pay awards for lands taken and damages thereto, which are hereinbefore provided for), and to issue them at such times, and for such amounts, payable at such periods and executed and transferable in such

manner as they may deem best; said certificates of indebted- How paid. ness shall be paid out of the proceeds of the sale of bonds as hereinafter authorized to be issued and sold, and shall bear interest at the rate of four per centum per annum, and shall Rate of interbe made payable within one year from the date thereof, as when due. the said board shall therein designate.

16. And be it enacted, That the entire costs of laying out, opening, constructing and improving said public road in any county of this state, shall not exceed (including awards for lands taken and damages thereto) the sum of one million dollars.

17. And be it enacted, That it shall be the duty of such board to maintain such road or any part thereof, and to keep the same in repair and fit for public use from year to year, at the expense of the public at large of such county, and that the appropriation for such purposes, when necessary, shall be made and raised in the same manner as the appropriations for other county purposes are made and raised.

est.

Entire cost of

road not to

exceed one

million dollars.

Duty of board

to maintain

and keep road

in repair.

May issue
costs of road or
certificates of

bonds to pay

indebtedness.

18. And be it enacted, That in order to raise money to pay the costs, charges and expenses of laying out, opening, constructing and improving such road in accordance with the provisions of this act, and all moneys required or necessary for any of the purposes aforesaid, it shall be lawful for such board of chosen freeholders from time to time, either before or while such work or improvement is in progress, by resolution, to cause the bonds of such county, in the name of such board of chosen freeholders, to be issued for the same in such sums as such board may deem proper; and that the moneys realized from such bonds shall be paid to the county collector to be by him applied to the payment of the costs, charges and expenses of laying out, opening, constructing and improving such road or the certificates of indebtedness issued thereon, as directed by resolutions of said board; that the bonds authorized to be issued by this section of this act may be either coupon or registered bonds, as such board of chosen freeholders may determine, and the same may be made payable, both principal and interest, at the office of the county collector of each county, and said bonds shall be sold by the board of chosen freeholders of such county, upon the orders and resolutions thereof, either upon bids for the same, duly advertised for, or otherwise; provided, that said bonds Proviso. shall in no case be sold at less than par; the director of such