Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-04-28

lhtcIcbt NJ buo rate OI BLK per CentufQ per an
/ mum, payable upon the completion OF such as
| sessment and collection, and the interest accru-
ing thereon shall be assessed as the other ex-
| penses for said constructions; such evidence of
| Indebtedness shall not be issued for less than
par, and shall be receivable in payment Of such
| assessments
0. And be 1t enacted, That the said commits
sioners shall have power to construet such drain
| or drains, ditch or bitches, or other channels
for the free passage of water, in accordance
| with the plans adopted, through and across any
road or street in the township or townships in
which the district to be drained lies or through
and across which it may be necessary in order
| to carry out the proposed drainage, and also
! through any private lands as shown on the said
| map, in which latter case they shall award the
owner or owners of such lands just compensa-
| tion therefor, and shall add the amount of such
compensation to the cost of constructing such
works; such compensation shall be awarded
and notice thereof given to the owner personal
| ly, if he be known and a resident of the county
! in which the premises drained or any part of
them are situate, and if not a resident of SUCH
county then by mail according to the best in
formation that can be obtained as to his ad-
| dress, before commencing such work; and
such award shall be final unless the said COM
mlssioners shall reconsider the same and make
new award, or such owner shall appeal, as
provided in section twelve of this act, and such
award shall bear interest at the rate of six per
the same until paid; and in case any valuable
water rights or privileges shall be injuriously
affected or destroyed by such drainage the
said commissioners shall award the owner or
owners thereof just compensation therefor, and
shall take the same proceedings in relation to
such awards as in cases where land is taken
10. And be it enacted, That in order to pro-
vide for the payment of the costs, damages and
expenses of the work of any drainage under
taken under the provisions of this act, the said
commissioners shall ascertain the whole amount
of such COSTS damages and expenses, and shall
make just and equitable assessment of the
same upon the lands specially benefited by such
improvement in proportion to the benefit re-
ceived thereby, but not in any case exceeding
the amount of such benefit; and in case the
whole costs, damages and expenses shall exceed
the amount of benefits to lands specially bene-
fted thereby, such excess shall be assessed upon
and raised by general taxation in the township
or townships in which the drained district lies
TO be assessed, levied and collected in the same
manner as other taxes for township purposes
are assessed, levied and collected; and in case
the drained district lies in more than one town.
ship, the said commissioners shall apportion the
amount to be raised by said townships to each
township in proportion to the number Of acres
in each that are affected by the said drainage,
as shown by the said map; and when the
amounts assessed upon said township or town
ships shall have been levied and collected, they
shall be paid over by the township collectors of
the respective townships to the said commits
sioners for the purposes for which they were ap-
pointed under this act; before proceeding to
make such assessment the said commissioners
shall give at least ten days notice in news
paper or newspapers, published in the countyor
counties in which the drained premises lie, that
they Will meet at certain time and place to
hear the views Of allpersons interested in the
propo led assessment, at which time and place
said commissioners shall meet and give full and
reasonable opportunity to all perst j interested
to express their views, may adjourn from
time to time, and shall thereupon proceed
to make just and equitable assessment
of the costs and expenses of said improve
ment, including damages for land taken or
used and for water rights or privileges injured
or DESTROYED upon the lands specially benefited
by such work, and upon the township or town
ships concerned as hereinafter set forth with
in ten days after making such assessment;
notice shall be sent through the postoffice to
each owner oflands so assessed, as nearly in each
case as tho name and address of the owner can
be asce-iained, and to the township committee
of the township affo tel stating the amount
assessed against said land or against said town
ship, as the case may be. and that SAID assess
meut will be open for inspection for the next
fifteen days and that the said commissioners
will then meet at time and place in said notice
specified, to hear objections and to revise and
correct, and finally confirm said assessment; at
which time and place the said commissioners
shall meet and give all parties appearing before
them an opportunity to be heard, and may ad-
journ from time to time and may reconsider
said assessment and shall mako any alteration
therein that they may deem just; and thereupon
they shall revise correct and finally confirm
said assessment, and within ten days thereafter
shall file said assessment together with de-
tailed statement of the costs, damages and
penses incident to tho work as ascertained BY
them, in the office of the court in which the pro-
ceedings in relation to the drainage in question
were begun, and shall give notice of such filing
by publication once week for four weeks in
newspaper or newspapers published in the
county or counties where the drained premises
lie; and the determination of said commissions
ers majority of them, shall be final and
conclusive unless an appeal be taken as pro-
vided by section twelve of this act; and the said
commissioners shall retain in their possession
duplicate copy of said assessment, and it shall
be their duty to collect the amounts assessed
and disburse the same for thepurposes of carry
ing on and completing the drainage in ques-
ton.
IL. And be it enacted, That from and after
the filing of the said assessment in the office of
said clerk, the said assessment shall be and re-
main first and paramount lien upon each lot
of land or property assessed for the amount of
such assessment, with interest thereon and all
costs and fees thereon, until the same shall be
paid and satisfied, Notwithstanding any DEVISE
descent or alienation Of such land, or any iudg-
ment, mortgage or incumbrance thereon, and
Notwithstanding any mistake in the name or
names of the owner or owners thereof or any
omission to name the owner or owners thereof;
and any assessment in which such mistake or
omission occurs shall nevertheless be valid
and efectual lien as aforesaid upon the lands
asses ed; and if such assessment with interest
thereon, be not paid within six months from the
time when the same is payable then the land
,,o1
be sold by said commissioners to pay the same,
with interest thereon from the time when the
same became payable, and all fees, charges and
expenses Of collection and sale, in the same
manner as land is authorized to be sold for
unpaid taxes in the township where said land
lies
L. And be it enacted That any person or
persons feeling aggrieved by the action Of the
commissioners In awarding compensation for
lands or property taken or used or for water
rights or privileges injured or destroyed for the
purposes of drainage as contemplated by this
act, or by the action of the commissioners
in making the assessment pursuant to section
ten of this act, or any township committee feel
ing aggrieved by reason of the action of said
commissioners in the premises, may, within
forty days alter the publication Of the notice Of
filing said assessment, appeal to the court in
which the proceedings were begun, by serving
notice in writing upon one of the said COM
missioners and filing a copy of said notice
with an affidavit annexed setting forth the SER
vice thereof, in the Office of the clerk of said
court; and the said court shall have full power
to review the proceedings of said commission
ers in the premises, and the same or any award
or assessment or other action to confirm alter
modify, set aside or reverse in whole or in part
for errors either of fact or in law; and the said
court shall have full power to hear and try the
same in summary way, and may summon
jury to determine any question Of fact; and the
said court may proceed in due course according
to the power Of the court in other cases. and Il
the said court deem advisable may refer back
any assessment to said commissioners, for them
to make new assessment under tine direction
of the court, and the determination of the said
court shall be final and conclusive in the prem
ises, and the said court or any Judge thereof
may, until such determination, stay all the pro-
ceedings IN the matter in refareilce ID which