Repealer.

be in full and in lieu and stead of all fees, mileage or other allowances heretofore allowed.

2. All acts and parts of act inconsistent with the provisions of this act are hereby repealed, and this act shall take effect immediately.

Approved June 11, 1907.

Salary.

CHAPTER 239.

An Act fixing the salary of the State Librarian. Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. The State Librarian shall hereafter receive a salary of three thousand dollars per annum, payable in monthly installments out of the treasury of this State.

2. This act shall take effect immediately.
Approved June 11, 1907.

Section 16 amended.

CHAPTER 240.

An Act to further amend an act entitled "An act relating to the Court of Common Pleas (Revision of 1900)," approved March twenty-third, one thousand nine hundred, which act was amended by an act approved March thirty-first, one thousand nine hundred and two, and further amended by an act approved June twenty-second, one thousand nine hundred and six.

Be it enacted by the Senate and General Assembly of the State of New Jersey:

I. Section sixteen of the act to which this is an amendment be and the same is hereby amended so as to read as follows:

Salary of

county judges.

16. The annual salary of the judges of said court in counties containing more than two hundred thousand inhabitants shall be seven thousand five hundred dollars; in counties having between one hundred and fifty thousand and two hundred thousand inhabitants, six thousand five hundred dollars; in counties having between one hundred thousand and one hundred and fifty thousand inhabitants, six thousand dollars; in counties having between eighty thousand and one hundred thousand inhabitants, four thousand dollars; in counties having between seventy thousand and eighty thousand inhabitants, three thousand five hundred dollars; in counties having between thirty-five thousand and seventy thousand inhabitants, three thousand dollars; in counties having between twenty thousand and thirtyfive thousand inhabitants, one thousand eight hundred dollars, and in counties having less than twenty thousand inhabitants, one thousand two hundred dollars. Such salaries shall be paid by the collector or treasurer of the respective counties in equal monthly payments, and shall be in lieu of all fees and compensation whatsoever for the service of said judges in the Courts of Comman Pleas, Orphans' Court, Courts of Oyer and Terminer, Quarter Sessions, and all other services required to be performed by said judges by virtue of their offices. Such salaries shall be determined and paid How paid. upon the basis of population shown by the latest State or national census promulgated, without regard to the date of appointment of such judge; provided, such Proviso. judge shall consent thereto in writing, filed in the office of the county clerk; and provided, that this act Proviso. shall only apply to those judges of the Court of Common Pleas whose term of office shall hereafter commence, or to those now in office, who shall file their assent in writing, under their hands, to this act in the office of the county clerk of the county for which they are appointed; and all fees which at any time heretofore were paid to or divided among the judges, or paid to any judge of the Court of Common Pleas, are hereby abolished, and shall not hereafter be taxed or collected.

2. This act shall not be interpreted or construed as

Act how construed.

repealing or affecting the provisions of chapter one
hundred and forty-nine of the laws of one thousand
nine hundred, or of chapter two hundred and forty-
two of the laws of one thousand nine hundred and
three, or of chapter one hundred and eight of the laws
of one thousand nine hundred and four, or of chapter
one hundred and forty-one of the laws of one thousand
nine hundred and five.

3. This act shall take effect immediately.
Approved June 11, 1907.

Petition for purchase of

sewer.

Notice by township committee.

CHAPTER 241.

An Act to authorize townships to purchase and acquire sewers, and to provide for the payment of the expense incurred.

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

1. Whenever a petition, in writing, of any owners of property to be benefited, not less than ten in number, shall be presented to the township committee of any township, asking that any sewer already constructed in any street or streets, road or roads, in such township, or any part or section of any street or road in such township, be purchased or acquired by said township committee, it shall be lawful for such township committee to adopt a resolution declaring its intention to purchase or acquire the said sewer; and the said township committee shall forthwith cause public notice of such intention to be given by the township clerk in two or more newspapers printed in the county in which such township is located, and circulating in such township, for the space of at least two weeks, and to be published during said period at least three times a week in said newspapers, briefly describing the said sewer and approximately the section or part of the township which is

May adopt

ordinance and

contract for purchase of

sewer.

drained or sewered, and may be drained or sewered, by
the said sewer, and requesting such owners of land
within the approximate drainage area of the said sewer
as may wish to object thereto to present their objections
in writing at a meeting of said committee, to be held at
a time and place in said township appointed by said com-
mittee and specified in said notice, which meeting shall
be at least three weeks after the first publication of such
notice, and a hearing shall be held upon said objections Hearing.
at the said time and place, whereupon it shall be lawful
for such committee at such meeting, or at any subse-
quent meeting to which the matter may be continued, if
they deem any of the objections filed well taken, to dis-
continue all proceedings for the purchase or acquisition
of said sewer; but if they deem said sewer necessary
for the public good and health, and also deem it for
the welfare of the township, or any part thereof, so to
do, to adopt an ordinance providing for the purchase
of the said sewer, and thereafter to enter into a contract
for the purchase of said sewer, with any person or cor-
poration, for a sum not exceeding the fair value thereof,
and to receive a conveyance thereof in the corporate
name of the township, with all outlets and connections
connected therewith, and all the rights and franchises
of said person or corporation in and relating to the
said sewer, which conveyance, having been duly acknowl-
edged or proved, shall be forthwith recorded by said.
township committee in the clerk's office of the county;
or if the said township committee shall thereafter be
unable to agree with the owner or owners of the said
sewer for the purchase thereof, then it shall be lawful
for the said township committee, by resolution, duly
adopted, to institute condemnation proceedings in the
name of the township, for the purpose of acquiring the
said sewer, which condemnation proceedings shall be
had in the manner provided by law for such proceedings
at the time they are instituted; and either the said town-
ship committee or the said owner or owners may appeal
from the award made for said sewer in said condemna-
tion proceedings to the Circuit Court of the county
wherein the said township is located.

May, institute tion proceedings.

condemna

Bond issue.

Time.

Rate.

Redemp

tion of bonds.

Cost assessed by commis

sion.

Oath.

2. The township committee shall issue registered or coupon bonds of such township for the purpose of raising the money necessary to pay for the said sewer so purchased or acquired by condemnation as aforesaid. Such bonds shall be made payable at times therein specified, which times shall not be more than eleven years after date, but always so that an equal amount shall fall due each year after the year of issue, except the first year. The rate of interest on such bonds shall not exceed five per centum per annum, and the denomination of the same shall be fixed by the township committee issuing the bonds, and they may be sold at public or private sale for not less than par. All sums collected for assessments made as hereinafter provided, and the interest thereon, shall be held and used for the payment or redemption of the bonds issued to pay for the cost of the said sewer or sewers, for which such assessments were imposed, and no money so collected shall be used for any other purpose whatsoever until such bonds, with interest thereon, shall have been fully paid.

3. As soon as possible after the purchase or condemnation of the said sewer, three commissioners shall be appointed, by resolution of said township committee, to assess the cost incurred by the said committee in the matter, and all lawful expenses, upon the land and real estate benefited by the purchase or acquisition of the said sewer and in proportion to the benefit received thereby, and in making the said assessment, the same shall be made upon the several lots or parcels of land benefited, in proportion to the benefits actually received by each one of said lots or parcels of land, and no lot or parcel of land shall be assessed more than it is really benefited, and the excess, if any, of such cost and expenses, over and above the amount so assessed upon such land, shall be assessed upon the township at large wherein such sewer shall lie. Said commissioners shall be resident freeholders of said township, but shall not be interested in any land within the drainage area of said sewer, and shall not otherwise be interested in the purchase or acquisition of the said sewer. They shall, before entering upon their duties, take and subscribe,