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LAWS

(9)

ACTS

PASSED BY THE

Afty-second

One Hundred and

Legislature

CHAPTER 1.

An Act concerning the condemnation of land or real estate by cities of the fourth class of this State.

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

in condemna

1. Whenever any city of the fourth class of this Rights reserved State has authority to acquire land or real estate by tion. condemnation it may so acquire the same with rights reserved therein and thereupon to remain to the owner and owners thereof, and to such other person or persons having an interest therein, and also may acquire the same subject to conditions as to the use thereof by any such city; provided, that the rights reserved and Proviso. the conditions shall be determined by the governing body in an ordinance finally passed by it, and also such rights and conditions shall be inserted in the petition for the appointment of commissioners to appraise the land or real estate and assess damages; and provided, Proviso. further, that a reservation or condition shall not provide for the payment or to assume payment of any mortgage or lien or any portion thereof.

2. This act shall take effect immediately. Approved February 6, 1928.

A. HARRY MOORE,

Governor.

Co-operation in work.

Sharing cost.

Payments.

Work done by contract.

Agreement.

CHAPTER 2.

A Supplement to an act entitled "An act to establish a State highway system, and to provide for the improvement; betterment, reconstruction, resurfacing, maintenance, repair and regulation of the use thereof" (Revision of 1927), approved March thirtieth, one thousand nine hundred and twenty-seven.

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

1. It shall be lawful for the State Highway Commission to enter into written agreement with any board of chosen freeholders or other public body, or any person or corporation for co-operation in any work, and to assume any portion of that cost. Such board or public body may raise their proportionate share of such cost in accordance with the provisions of any law providing for road improvement or maintenance. Upon approval by the said commission of the certificate of the inspector and engineer in charge of the work that the same has been satisfactorily completed in whole or in part, according to contract, drawings and specifications, the disbursing officer of said board or body shall pay its share of the whole or partial cost to the State Treasurer to the credit of the State Road Fund.

2. If, in the judgment of the State Highway Commission, the co-operating board or body, person or corporation, could obtain more advantageous prices for the work and the best interests of the State will be served by having the said co-operating board or body, person or corporation, award the contract for the work, the State Highway Commission shall approve the drawings and specifications of the co-operating board or body, person or corporation and shall approve the contract for the work, and may, subject to the consent, in writing, of the State House Commission, enter into an agreement in writing to pay the co-operating board

or body, person or corporation, such portion of the cost as the State Highway Commission may deem advis

able. Payment on the part of the State shall be made Approval of only after the State Highway Commission shall have work. approved the certificate of the inspector and engineer in charge of the work that the same has been satisfactorily completed, in whole or in part, according to the contract, drawings and specifications; provided, that if such co- Proviso. operating body is a public utility corporation under the jurisdiction of the Public Utilities Commission and the work is to be done without contract by the employees of such public utility corporation, the State Highway Commission may waive the requirement as to approval of the contract for the work.

3. This act shall take effect immediately. Approved February 6, 1928.

CHAPTER 3.

An Act to repeal an act entitled "An act respecting 'cities of the fourth class,' and providing for the nomination and election of commissioners elected therein," approved March eleventh, one thousand nine hundred. and twenty-four.

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

1. An act entitled "An act respecting 'cities of the Act repealed. fourth class,' and providing for the nomination and election of commissioners elected therein," approved March eleventh, one thousand nine hundred and twentyfour, be and the same is hereby repealed; provided, Proviso. however, that all commissioners elected pursuant to the provisions of the act hereby repealed shall continue in office for the said terms for which they were severally elected.

2. This act shall take effect immediately. Approved February 8, 1928.

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