body, whereupon the maintenance and control of the parks by any other body or commission must cease (title 40, ch. 164).

TOWNS

PARK COMMISSION; PARKS

Constitution; terms, etc.-The council may establish a board of park commissioners, to be composed of three members of the council and four freeholders residing in the town not members of the council, all to be appointed by the council upon nomination of the councilmen at large. The three members from the council are to hold office for 1 year, two freeholders are to hold office for 1 year, and two for 2 years. No more than two of the freeholders may be appointed from any one ward. The commissioners must serve without compensation, and must annually select from among their own members a president and a secretary (title 40, ch. 129).

Powers and jurisdiction; appropriations; tax. The park commissioners are vested with full power and authority to lay out, construct, and embellish the park or parks after the lands therefor have been acquired by the council; to adopt proper rules and regulations for their use by the public; and to provide for their care and maintenance. The board is empowered, exclusive of the council, to expend the moneys raised for park purposes, other than for the acquisition of the land, either from the issue and sale of bonds, or by taxation; and all moneys so raised for the purposes aforesaid, except as aforesaid, must be paid by the town treasurer only upon the warrant of the park commissioners. The board must determine the amount necessary in the first instance for the laying out, construction, and embellishment of the parks, and thereafter annually for the care and maintenance of the same, and must recommend to the council the amount so to be raised. In all towns where such a commission has been established, the council is without power to raise any money for park purposes except upon the recommendation of the board, and the amount raised may not exceed the amount recommended by the board. The council is not obliged to raise the entire amount recommended but may raise a smaller amount (ibid.).

Exchanging land for park purposes. The governing body of any town may convey a part of any lands owned, used, or acquired by it for park purposes in exchange for contiguous lands to be conveyed to the town, of equal or practically equal area, if in the judgment of the board or body having charge of the public parks and of the governing body the exchange would be for the better use, improvement, or devolopment of the park lands of such town (ibid., ch. 135).

COUNTIES

Counties classified.-Counties having a population exceeding 600,000 are counties of the first class; those having a population of not less than 200,000 or more than 600,000 are counties of the second class; those having a population of not less than 50,000 or more than 200,000 are counties of the third class; those having a population of less than 50,000 are counties of the fourth class; all counties bordering on the Atlantic Ocean and having a population exceeding 50,000

are counties of the fifth class; all counties bordering on the Atlantic Ocean and having a population not exceeding 50,000 are counties of the sixth class (title 40, ch. 17).

PARKS

Money for maintenance. The board of chosen freeholders in any county in which a county park system has been created must annually, in ordering the amount of money raised for county purposes, declare the amount necessary to be raised for the purpose of maintaining the public parks and roads or parkways built in connection with the park system. The amount so raised may not be less than one-half of 1 mill on the dollar or more than three-fourths of 1 mill on the dollar of the assessed valuation of the taxables and ratables of the county. If in any year the park commission certifies to the board that an amount less than such minimum is needed for maintenance during that year, and certifies the amount necessary, such amount only is to be raised. The amount raised is to be paid to and expended by the commission, board, or other authority authorized to control and maintain the park system, including the roads or parkways built in connection therewith (title 40, ch. 37, art. 2).

Referendum; petition. The provisions of the foregoing paragraph are inoperative in any county until adopted by a majority of the votes cast on the question at an election. The question must be submitted to the voters whenever a written request is filed with the county clerk by the commission, board, or other authority having control and maintenance of the county parks (ibid.).

Money for construction or improvement. In ordering each year the amount of money to be raised for county purposes, the board of chosen freeholders may, in its discretion, order money to be raised for the construction or permanent improvement of parks and parkways where the power to expend money therefor has been vested by law in a county park commission, upon requisition of the park commission; and when so raised must turn over the money to the park commission to be expended by it for the construction or permanent improvement of the parks and parkways. The amount to be raised in any 1 year is limited to $100,000 (ibid.).

Use of lands in other counties. Whenever any public park has been established in any county along or contiguous in part to any line dividing the county from an adjoining county, the park commission or other body in control of the park may acquire, hold, develop, control, maintain, and regulate such lands in the adjoining county as it deems necessary or proper for the protection or development of the park in its own county, but only after consent has been obtained from the governing body of the municipality and board of chosen freeholders of the county in which the lands proposed to be so acquired are situated, and subject to such conditions as may be imposed. Lands so acquired are subject to all ordinances, rules, and regulations established by the park commission or body regardless of the county line. Park police officers or other officials empowered to make arrests in the county in which the park is controlled have the same powers of arrest in all parts of the park without regard to the county line (ibid.).

Joint action. Any county may by contract join with any municipality within the county or adjoining it, with any other county, or with any district, to acquire or construct any public improvement. Any such contract must set forth the proportion of the cost each party thereto is to assume, must specify all the details of the management of the joint undertaking, and any other matters which may be deemed necessary for insertion therein. For the purpose of carrying into execution any such contract, any county may acquire real estate as tenant in common by purchase, gift, or condemnation; may erect buildings thereon and equip the same; and may appoint such officers as may be necessary for the joint enterprise. Money may be raised either by taxation or bonds to pay the county's share of carrying out any such contract (title 40, ch. 23, art. 4).

Purchase to include lease.—Where a county is empowered to acquire real estate, or to construct any building for any purpose, it may acquire by lease any real estate or buildings suitable for the purpose (title 40, ch. 32, art. 1).

Sale of land. Any county may sell or dispose of, at private sale without public advertisement, any real estate or any right or interest therein not needed for public use, to the United States, the State, or any political subdivision thereof, or to any county park commission in the county (ibid., art. 2).

Petition for resubmission of referendum park acts.-When in any county there has been submitted to the voters the question of the establishment of a county park system or county park commission under the provisions of any law, and the question has failed of adoption, no similar proposition may thereafter be submitted unless and until there has been filed with the board of chosen freeholders a petition signed by at least 2 percent of the persons who were qualified to vote at the last preceding general election (title 40, ch. 37, art. 5).

Taxation. The board of chosen freeholders may raise by taxation all money necessary to pay for any property improvement which it is authorized to acquire or for any which it is authorized to make; to pay the current expense of maintaining the same; and to pay the principal and interest upon all debts and obligations of the county (title 40, ch. 23, art. 2).

Tax exemption. The property of the respective counties, when located therein and used for public purposes, is exempt from taxation (title 54, subtitle 2, ch. 4, art. 2).

COMMISSION TO CONSIDER ADVISABILITY OF PARKS

66

Commissioners in certain counties.-In any county having a population of more than 150,000 the board of chosen freeholders may elect five persons to be known as the county park commissioners,' to hold office for 2 years, and serve without compensation. Vacancies may be filled by the board for the unexpired terms only (title 40, ch. 37, art. 4).

Powers and duties.-The commissioners are to consider the advisability of laying out ample open spaces for the use of the public, and may make maps and plans of such spaces and collect such other information in relation thereto as the board may deem expedient. As soon as conveniently possible within their terms, the commissioners must make a report in writing of a comprehensive plan for laying out,

acquiring, and maintaining such open spaces. The commissioners may employ such assistants as they deem necessary and may expend such funds there for and in the discharge of their duties, including the actual traveling expenses of the members, as they deem expedient, not exceeding the sum of $10,000; all expenditures to be paid out of funds appropriated for the maintenance of highways and bridges in the county or out of any unexpended balance (ibid.).

Same; in certain other counties; recreation building. In any county having a population of more than 200,000, the justice of the supreme court presiding in the courts of that county may appoint a similar commission with similar powers and duties, with added authority to construct and maintain in any such park located in any city of the second class a recreation building; to provide for its care, custody, and control; and to make rules and regulations for the maintenance and operation of same (ibid.).

PARK COMMISSIONERS ELECTED AT LARGE

Counties affected; referendum; exception. The following provisions apply to all counties, but remain inoperative until approved by a majority vote of the voters. The submission of the question to the voters is not required in counties previously adopting the provisions of an act of March 21, 1901, but such counties are to be governed by the following provisions (title 40, ch. 37, art. 5).

Commissioners; election; organization; etc.-In any county so governed there must be elected at large four commissioners, to be known as "the county park commission," to hold office for 2 years and until the election and qualification of their successors. Proceedings respecting their nomination and election are to conform to the method of nominating and electing members to the general assembly. They must be voted for on the same ticket, but no voter may vote for more than two commissioners. The four persons receiving the highest number of votes are elected. Each commissioner is to receive $1,500 per annum as full compensation for his services. In case of a vacancy by reason of the death, resignation, or disability of any commissioner, the commission must fill the vacancy by the appointment of a commissioner who must belong to the political party to which his predecessor belonged at the time of his election. The person so appointed is to hold office for the unexpired term only. The persons so elected, when duly qualified, are a body politic, with power to sue and be sued, to use a common seal, and to make bylaws. Before entering upon the duties of his office, each commissioner must take and subscribe an oath of office that he will faithfully and impartially perform the duties of his office. The commission must annually choose from among its members a president, a vice president, and a treasurer; also appoint a clerk or secretary and such other officers and employees as it may deem necessary. It may also determine the duties and compensation of its appointees and remove them at pleasure, and make all reasonable rules and regulations respecting the same (ibid.).

Powers and duties.-The commission may acquire, maintain, and make available to the public parks and open spaces for public resort and recreation; locate the same within the limits of the county, and for these purposes may acquire by purchase, gift, devise, or eminent domain real estate or any right or interest therein; preserve, care for,

lay out, and improve such parks and places; and make rules for the use and government of the same. Before proceeding to purchase or condemn real estate, the commission must determine the location and quantity of the same, and cause a survey to be made together with a map showing the real estate to be embraced therein. The commission is not obliged to disclose such location, surveys, or maps to public inspection until it has taken proceedings to condemn real estate necessary therefor (ibid.).

Parkways, etc.-The commission may connect any park, road, or public open space with any other similar area, in the same or any other county, by a suitable roadway or boulevard; and may acquire by purchase, gift, devise, or eminent domain any real estate within the county notwithstanding the same be already a street or way, but the concurrence of the body having authority over such street or road must first be obtained. Before laying out and opening any roadway, parkway, or boulevard, the commission must cause a survey to be made, showing the termini of same, including the courses and distances, the names of the several owners of real estate through which the same will pass, and the streets or roads which may be included therein. Such location, surveys, or maps need not be disclosed to public inspection until the commission has taken proceedings to condemn the necessary real estate (ibid.).

Same; construction and improvement.-The commission may construct and maintain roadways, parkways, or boulevards along, across, upon, and over any of the real estate acquired; grade and improve the same; regulate the width thereof and construct sidewalks, roadways, serviceways, bridle paths, bicycle paths, or roads, and pave the same in such manner and of such material as it may deem advisable; also plant trees and shrubbery therein. The commission not only may lay out and open roadways, parkways, and boulevards connecting parks and open spaces, but also may establish the grade of such highways and change and alter the same, grade, curb, flag, pave, and otherwise improve the parkways, roadways, and boulevards, and regulate the use of same (ibid.).

Lines of frontage on new parkways.-The commission may determine, in the case of a new parkway or boulevard laid out and opened by it, the lines for the frontage of buildings to be located on the real estate fronting on the new parkway or boulevard (ibid.).

Condemnation for roadways; assessments.-Whenever the commission determines to open and lay out a boulevard, parkway, or roadway, or make any improvement to same which will require the condemnation of real estate or any right or interest therein, the commissioners appointed by the court to appraise the value of the real estate to be condemned, and to fix and determine the amount of damages, must also make an estimate and appraisement of the special or peculiar benefits which the project may confer upon any owner of property benefited thereby (ibid.).

Bonds; tax. To meet the expenses incurred, in addition to moneys received from benefit assessments and otherwise, the county board of chosen freeholders must from time to time, on the requisition of the park commissioners, borrow money by issuing bonds of the county to a sum in the aggregate not exceeding 114 percent of the assessed value of all the real and personal property in the county liable to taxation for county purposes. Payment of such bonds