11. If in the construction of such sewer or drain in its changed course, or any extension thereof, it shall be necessary to cross any lands of the State under water for the purpose of obtaining an outlet, it shall be lawful to take and use such lands for that purpose, and any lands of the State under water that have been or shall hereafter be taken and used in the construction of any original sewer or drain shall, upon the construction of such sewer or drain on its changed course, revert to the State; or in case there has been or shall hereafter be a grant of such land to the riparian owner subject to the easement of the sewer or drain, such easement shall cease and determine, and the title under such grant shall become absolute.

12. Any outlet of any sewer into tidewater or into any creek or ditch shall be located and fixed only with the consent of the State board of health.

13. It shall be lawful for the governing body of any municipality, upon adopting and carrying into effect a plan for an intercepting sewer, or system of sewerage and drainage, to cause any river, stream or creek theretofore used for the purpose of receiving the sewage of such municipality, or any part thereof, to be cleansed and otherwise improved, so as to render the same healthful and free from deleterious matter. 14. Every municipality having streets containing culverts or other drains to tidewater shall have full and unobstructed outlets for the culverts in such streets to any contiguous streams without amenability to the claims of said water front of the board of commerce and navigation, or any laws or usages thereof.

15. Whenever, in the judgment of the governing body of any municipality, it is necessary to construct a drain for surface water in any county road of the county in which such municipality is situate, and one of more roads or streets of such municipality and the board of chosen freeholders of said county in which said municipality is situate shall have approved the plans for such proposed drain and shall have appropriated a specific sum towards the construction of such drain, with the proviso that such drain shall be constructed by said municipality, and that said municipality shall pay the balance of the cost of the same, then and in such case the said governing body may, by ordinance or resolution, cause such drain for surface water to be constructed, and may provide for the payment of the balance of the cost of the same.

16. Any municipality may use for water supply and sewer purposes, including proper house connections, any street, avenue, road, parkway or other highway situate within the territory of any such municipality, now or hereafter under the control of any county board or commission, and to that end lay down therein and maintain water pipes, with proper house connections to the property line, and may construct therein and maintain storm-water and sanitary sewers, with proper house connections to the property line, or any or all of them; and any such municipality may, by resolution and without notice, cause proper house connections to the property line of the number, character and location determined by it, to be laid down and constructed in any street, avenue, road, parkway or other highway within such municipality, now or hereafter under the control of any county board or commission, connecting any water pipes or sewers heretofore or hereafter laid down or constructed therein, whether house connections have been made to the property line or not, at the time of laying down or construction of such water pipes or sewers: Provided, however, That no such municipality shall lay down any water pipes or storm-water or sanitary sewers, or any house connections thereto, to the property line, without first having secured the approval of the plans for and location of the same by the county board or commission now or hereafter having control of the street, avenue, road, parkway or other highway in which the work is to be done; but no such work shall be done by any such municipality upon any street, avenue, road, parkway or other highway under the control and management of any county board or commission, until such municipality has entered into an agreement with said county board or commission regarding inspection and the restoration of the surface of such street, avenue, road, 180457°-20-20

parkway or highway: And provided further, That any such municipality opening for any purpose authorized by this act the surface of any street, avenue, road, parkway or other highway under the control of any county board or commissior, shall restore the surface of the same to the same condition in which it was before such opening and on failure to so restore for a period of 90 days after notice from any county board or commission requiring such restoration, such county board or commission may itself undertake the work, and recover the expense of such restoration from the municipality failing to so restore, by action at law in any court of competent jurisdiction. 17. The governing body of any municipality, or the body having control of the streets therein, may grant consent, by ordinance, to any person or corporation, to lay a pipe or pipes, and to repair or replace the same, and make connections therewith, in any of the streets or public highways of said municipality for the purpose of sewerage or drainage, upon such terms as may be imposed by such ordinance.

ART. 23. Street cleaning and disposal of refuse.—1. The governing body of every municipality shall have power to provide for the cleaning of the streets of the municipality, and for the collection, removal and disposal of ashes, garbage and other refuse, and to establish and maintain a system therefor.

2. The governing body of every municipality shall have power to erect the neces sary buildings and equip the same with all appliances necessary for the cremation. destruction or other disposal of such garbage or refuse matter. Such buildings may be erected on any lands owned by the municipality and suitable for the purpose, or the municipality may acquire the necessary lands by purchase, gift or condemnation. 3. The governing body of every municipality shall have power to purchase, maintain and operate the necessary equipment for the cleaning of streets and for the collection or removal of garbage, ashes and other refuse matter.

4. If in the opinion of the governing body it is more advantageous for such municipality to have the streets thereof cleaned, or the ashes and garbage and other refuse collected and removed and disposed of by persons other than the authorities of the municipality, they shall have power to make a contract or contracts for such works, or any portion thereof, with any individual or individuals, corporation or corporations. The governing body shall first adopt specifications for the doing of such work in a sanitary and inoffensive manner, and such cortract shall be entered into and made only after bids therefor shall have been advertised for in one or more newspapers published or circulating in the municipality, at least 10 days prior thereto, and then only with the lowest responsible bidder or bidders who shall give satisfactory bonds or security for the faithful performance of the work.

5. The governing body shall have power to make, en force, amend or repeal all such ordinances, resolutions, rules and regulations as may be deemed necessary and proper for the maintenance and operation of such plant for the cremation, destruction or dieposal of such garbage and refuse, and for the introduction, operation and management of such system of collecting, removing and disposing of ashes, garbage and other refuse matter, and for the government of employees connected therewith.

6. It shall be lawful for the governing body of such municipality to provide for the doing of the above work at the general expense; or if it deem it more advisable, to fix a rate or rates to be charged by the municipality for the collection, removal or disposal of ashes, garbage and other refuse matter, and to provide for the manner of the payment of same, and to maintain an action at law to recover any moneys due therefor.

7. Any municipality may acquire within or without its corporate limits, either by purchase or condemnation, or may lease for a term of years unimproved lowland for the purpose of supplying a place of deposit for the indestructible waste collected in said city: Provided, No lands shall be acquired for such purpose without the corporate

limits of the municipality without the consent of the governing body and of the board of health of the municipality in which such land is situate.

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ART. 30. Abattoir.-1. The governing body of every municipality shall have power and authority to acquire by purchase, gift or condemnation, or to hire and lease, such lands and buildings as may be needed for the purpose of establishing and operating a municipal abattoir: Provided, That sufficient funds for the same shall have first been appropriated therefor.

2. Such governing body shall have power to make, publish, enforce, amend or repeal ordirances providing for the control and use of any abattoir so established, and the rental or other charges imposed upon persons and corporations using the same, and other regulations deemed necessary.

3. Such governing body shall have power and authority to erect all buildings deemed necessary, and to alter and improve the same from time to time; also to furnish and equip such buildings.

4. No abattoir shall be established outside the corporate limits of the municipality so establishing the same, except with the consent of the governing body and the board of health of the municipality where it is proposed to establish the same.

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ART. 32. Water supply.—1. Every municipality may provide and supply water, or an additional supply of water, for the public and private uses of such municipality and its inhabitants in any one or more of the following methods:

(a) Any municipality may, either singly or with one or more other municipalities, enter into a contract or contracts with the district board of water supply commissioners in the water supply district in which such municipality is situate, under and in accordance with the provisions of an act of the legislature of the State of New Jersey entitled "An act authorizing the appointment of district boards of water supply commissioners in the water supply districts created by an act entitled 'An act to create two water supply districts in the State of New Jersey, to be known respectively as the North Jersey water supply district and the South Jersey water supply district,' and defining the powers, duties, terms of office and compensation of such commissioners; and providing for the obtaining, maintenance and operation of water supplies of new or additional water supplies by said commissioners as agents of and by contract with municipal and other corporations in their respective water districts, and further providing for the raising, collecting and expenditure of the moneys necessary therefor," approved March 16, 1916; or with any other State board or department authorized or empowered to make any such contract.

(b) Any municipality may enter into a contract or contracts from time to time, for a period not exceeding 15 years with any other municipality in this State having water works, or with any private corporation owning or controlling water works, to obtain a supply of water for public and private uses of such first-mentioned municipality and its inhabitants.

(e) Any municipality may purchase or lease from any person or persons, corporation or corporations, owning water works supplying such municipality with water or adapted to furnish such supply, and any such person or persons, corporation or corporations, are hereby authorized to sell and convey or lease all or any part of the real estate, personal property and works, and all or any part of the corporate rights, powers, franchises and privileges of said person or persons, corporation or corporations, for such sum as may be mutually agreed upon by and between the said municipality and the said person or persons, corporation or corporations; and upon the due execution and delivery of the conveyance therefor, in case of purchase, the said real estate, personal property and works, and corporate rights, powers, franchises and privileges shall pass to and vest in the said municipality in as full and ample manner as the same now are or heretofore have been held and enjoyed by the said person or persons, cor

portion or corporations. Any such purchase may be made subject to outstanding bonds on the property purchased. In case of any disagreement between the said municipality and the said person or persons, corporation or corporations, as to the amount of compensation to be paid, said municipality may condemn said real estate, personal property and works, and all the corporate rights, powers, franchises and privileges of said person or persons, corporation or corporations.

(d) Any municipality may purchase, condemn or otherwise acquire the necessary lands, and rights or interests in lands, and water rights and rights of flowage or diversion, within or without such municipality, for the purpose of a water supply, or an additional water supply, and for the connection thereof with such municipality and in case of highway or other public or quasi public structures, may require the same to be abandoned as far as necessary for such purposes, and to be relaid, if necessary, by some other route or in some other location. Damages for the taking of such property, as well as the value of such property taken, shall be ascertained and paid for according to law. It may alter or change the grade of any highway or public street where necessary for its purpose. If it be necessary to change the location or gradient, or the appurtenances thereof, of any canal or railroad operated under a charter or certificate of incorporation, the corporation owning or operating the same shall be required to relocate or change the same so far as needful, and to acquire the property necessary for such change, and, if possible, to agree with the municipality upon the details thereof to be paid as part of the expenses of said work. If the corporation be unable to agree with the owner of any land, property or rights necessary to be acquired by it in order to make such change, the municipality shall, for the benefit of the corporation, acquire the same by condemnation or otherwise. The said municipality may construct, erect, maintain and operate dams, canals, aqueducts, reservoirs, basins, standpipes, buildings, purification plants, filtration plants, and all necessary pipe lines and other works; and may drill, dig, construct, operate and maintain artesian wells, when in its judgment the same may be needed for the purpose of such water supply; and may provide for the protection of the same from pollution by the construction of sewers, or by other means. Such municipality may completely furnish and equip any water works with all neces sary and useful machinery and other appliances.

2. No municipality shall provide and supply water for the public and private uses of such municipality and its inhabitants until a majority of the legal voters voting at an election (which election shall be advertised, held and conducted in accordance with the general election laws of this State), shall vote so to do: Provided, howeVET, That this section shall not apply to municipalities which, at the time of the approval of this act, shall be providing and supplying water for the public and private uses of such municipality and its inhabitants, nor to municipalities in which a majority of the legal voters voting at any election shall have theretofore voted so to do, nor to municipalities which shall have adopted any act authorizing such municipality to supply water for public and private uses. In case a petition signed by at least 20 per centum of the legal voters of such municipality shall be presented to the governing body requesting a referendum vote on the question, such governing body shall adopt a resolution notifying the proper officer that a vote is desired upon the question, or said governing body may adopt such resolution without any petition being presented as aforesaid. Such officer shall thereupon in the manner provided by law, place the same upon the ballots used at the next general election in such municipality in substantially the following form: "Shall the of ——— (name of municipality provide and supply water for the public and private uses of this municipality and its inhabitants?" "Yes." "No." If a majority of the legal voters voting at such election shall vote "Yes," the governing body thereof shall, by ordinance, determine which method or methods above stated shall be employed, and such governing body shall proceed in accordance with the provisions hereof to establish such supply of water.

3. Every municipality providing for the supply of water in one or more of the methods aforesaid shall have power to lay and maintain pipes and mains in and under the streets, roads, avenues, alleys and public places of such municipality, and in upon and through private property therein; and for the purpose of connecting its water works with the pipes and mains so laid or to be laid it shall have power to lay and maintain pipes and mains in and under any and all streets, roads, avenues, alleys and public places in any other municipality: Provided, however, That no pipes or mains shall be laid in or under the public roads, streets or thoroughfares in any other municipality until the governing body thereof shall, by resolution, consent thereto, or until an order is made as hereinafter provided; in case the governing body of such other municipality shall refuse or neglect to give such consent, then it shall be lawful for the chancellor, or any vice chancellor of this State, upon petition of the municipality so applying for such consent, to make an order embodying and directing the terms upon which such water pipes and mains may be laid and relaid, and upon the making and filing of such order it shall be lawful for any such municipality to proceed with the laying or relaying of such water pipes or mains in or under any street, road, avenue, alley or public place named in such order.

4. Every municipality shall have full power and authority to relay, repair, enlarge and maintain all pipes and mains laid as above provided; and shall also have full power and authority to erect and construct such fire hydrants as to the governing body may seem expedient.

5. It shall be lawful for every municipality, by its governing body, to make all necessary and proper contracts, in the manner hereinafter provided, and to elect or appoint any and all engineers, surveyors, officers, agents, employees, committeemen and boards that they may deem necessary or convenient for accomplishing the purposes of providing and supplying such municipality and its inhabitants with water, and to define their duties, regulate their compensation and provide for their removal.

6. Whenever any work to be performed or materials to be furnished may involve an expenditure of any sum exceeding $500, the governing body of such municipality shall designate the time when they will meet at the usual place of meeting to receive proposals in writing for doing such work or furnishing such materials, as the case may be, and shall thereupon order the clerk or some other officer of said municipality to give notice thereof, by advertising the same in one or more newspapers circulating in aid municipality, at least 10 days before the time of such meeting, which advertisements shall specify the dimensions and quality of the work to be done or materials to be furnished; that all such proposals shall be publicly opened in the presence of those who choose to attend, and said body shall be empowered to reject any or all of said proposals, and to advertise for new proposals, and the contract for such work and materials, when awarded, shall be awarded to the lowest responsible bidder: Provided, That this section shall not be construed to apply to the compensation of specially retained advisers: And provided, further, That when the exigency of the service or an emergency threatening the continuity of the water supply shall by resolution passed by the affirmative vote of four-fifths of the members of the board or body having charge thereof be declared to exist, which resolution shall set forth the nature of such exigency or emergency, and stating the approximate cost of the work in excess of $100 necessary to be done to meet such exigency or emergency, then and in such case the necessity for advertising and receiving proposals provided for in this section -hall not apply.

7. All such contracts shall be in writing, and, if approved by the governing body Fuch approval shall be endorsed thereon, and then such contract so approved shall be executed by the mayor or other chief executive officer of said municipality, on behalf of and in the name of the said municipality, and under the common seal thereof; that no party shall be allowed to enter upon any work or furnish any material until such contract shall have been so executed; and every person or corporation who shall enter