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tion as said city council shall deem to be especially or
peculiarly benefited thereby.

2. This act shall take effect immediatey.
Approved May 13, 1907.

CHAPTER 173.

An Act to amend an act entitled "A further supplement

to an act entitled 'An act to regulate fees,' approved April fifteenth, one thousand eight hundred and forty-six,” which supplement was approved March twenty-eighth, one thousand nine hundred and four.

Section amended.

tion of constables at court.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

I. Section one of the act to which this is an amend

ment is hereby amended to read as follows: Compensa

1. Hereafter the constables in counties of more than one hundred and fifty thousand and not more than three hundred thousand inhabitants, appointed to attend the Circuit Court, Court of General Sessions and General Jail Delivery, Court of Common Pleas and General Quarter Sessions of the Peace, and Special Sessions in said counties, shall assist the sheriff of such counties in serving process issued to him out of any court of this State, and shall receive for the service of such process and the attendance on said courts the sum of seven hundred and twenty dollars per annum, payable monthly, which payments shall be in full and in lieu of all fees, mileage and other allowances for such at

tendance and service, but the fees and mileage now Fees collected allowed by law shall be collected by the sheriff of such by sheriff. Proviso.

county for the use of the county; provided, however,
that any constable serving such process shall be entitled
to his necessary expenses actually paid in making such
service.

2. This act shall take effect immediately.
Approved May 13, 1907.

CHAPTER 174.

An Act concerning free public libraries in certain cities

of this State.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. In all cities of this State now or hereafter having Maintenance within their territorial limits a population of not less taxation. than one hundred thousand nor more than two hundred thousand inhabitants, and in which there has heretofore been established or shall hereafter be established a free public library or libraries under proper legislative authority, the board of aldermen, common council, board of finance or other governing body having charge and control of the finances of such city, shall annually appropriate and raise by tax in the same manner as other city taxes are assessed, levied and collected in said city, a sum which in their judgment is sufficient for the purpose of properly improving, increasing, maintaining and conducting said free public library or libraries, which sum, when so appropriated, shall be used for no other purpose than that of improving, increasing, maintaining and conducting a free public library or libraries, and shall be paid by the disbursing officer of such city to the treasurer of the board of trustees or other governing body having charge of said library or libraries.

2. All acts and parts of acts inconsistent herewith be Repealer. and the same are hereby repealed, and that this act shall take effect immediately.

Approved May 13, 1907.

CHAPTER 175.

An Act concerning public parks in certain cities of this

State.

Maintenance of city parks by taxation.

BE IT ENACTED by the Senate and General Assembly. of the State of New Jersey:

1. In all cities of this State now or hereafter having within their territorial limits a population of not less than one hundred thousand nor more than two hundred thousand inhabitants, and in which there has been heretofore purchased or shall hereafter be purchased lands for a public park or parks under proper legislative authority, the board of aldermen, common council, board of finance or other governing body having charge and control of the finances of such city, shall annually appropriate and raise by tax, in the same manner as other city taxes are assessed, levied and collected in said city, a sum which in their judgment is sufficient for the purpose of properly maintaining and caring for said park or parks, which sum, when so appropriated, shall be used for no other purpose than that of improving, maintaining and caring for said park or parks, and shall be paid by the disbursing officer of such city to the treasurer of the board or commission having charge of said parks.

2. All acts and parts of acts inconsistent herewith be and the same are hereby repealed, and that this act shall take effect immediately.

Approved May 13, 1907.

Repealer.

CHAPTER 176.

An Act to amend an act entitled "An act to regulate

fences in cities of this State," approved March twenty-eighth, one thousand nine hundred and four.

amended.

tween lands.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Amend section one of an act entitled "An act to Section regulate fences in cities of this State," approved March twenty-eighth, one thousand nine hundred and four, so that the same shall read as follows:

1. Where the lands of any two or more persons shall Regulation of join each other in any city in this State, the common council or governing body thereof may, by ordinance, regulate the size, height and dimensions of any and all fences existing or erected on said lands at the time of the passage of any such ordinance, or in the future to be built or erected, as division or partition fences between such lands, whether the same exist or be erected entirely or only partly upon the lands of any such adjoining owners or along or immediately adjacent to any division or partition line of such lands, and may provide, in such ordinance, for the manner of securing, fastening or shoring the same, and, in the case of fences thereafter erected contrary to the provisions thereof, for a penalty for the violation of such ordinance; and in the case of such fence or fences erected or existing at the time of the passage of any such ordinance may provide therein for the removal, change or alteration thereof so as to make such fence or fences comply with the provisions of any such ordinance.

2. Amend section two of said act so that the same Section shall read as follows: 2. The owner or owners of any such fen or fences Compensation

for damage and of the land or lands upon which the same shall in changing exist or be erected, and which fence or fences shall be

amended.

fence.

removed, changed or altered under the provisions of
any such ordinance, shall be entitled to just and rea-
sonable compensation for the damage, if any, done to
such land and fence or fences in making the same con-
form or comply with such ordinance; which award of
damages shall be made in the same manner as damages
for street openings are made, and such ordinance shall
prescribe the procedure to be followed for the ascertain-
ment and payment of any such damage.

3. This act shall take effect immediately.
Approved May 13, 1907.

CHAPTER 177.

A Supplement to an act entitled "An act concerning

townships (Revision of 1899)," approved March twenty-fourth, one thousand eight hundred and ninety-nine.

Providing for township funds.

Proviso.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. Whenever at any annual township election the voters have failed to vote, grant or raise any sum of money whatever for township purposes for the ensuing fiscal year, it shall be lawful for the township committee of such township, by resolution, to determine and fix the amount of money necessary to be raised for the various township purposes for the ensuing year; provided, however, the amount so fixed for any purpose shall not exceed the amount appropriated for the same purpose at the last preceding township election at which appropriations were voted.

The township clerk shall serve on the township assessor a copy of such resolution, and thereupon it shall be the duty of the township assessor to assess and levy upon all the ratable and taxable property in such township, and of the township collector to collect the sums

Clerk to notify assessor.

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