Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-04-21

pointed under the preceding section, shall Be
made in writing, and In the form Of petition
to said court, and fled with the clerk Of said
circuit court of the county wherein the lands
on materials appraised by the said commissions
ers shall be, and notice in writing Of such ap-
peal shall be given to the opposite party within
ten days after the filing thereof, which proceed
ings shall vest in the circnit court full right
and power to hear and adludge the same, and
direct proper issue for the trial of said con-
troversy to be formed between the said parties
and to order jury to be struck and view Of
the premises to be had, and the said issue to be
tried at the next torn Of said court to be holden
in said county, upon the like notice and in the
same manner as other issues in the said court
are tried; and 1t shall be the duty of the said
jury to assess the value Of the said land or ma
terials and damages sustained, and if they shall
find o greater sum than the said commissioners
shall have awarded in favor of the said owner
or owners then Judgment thereon with costs,
shall be entered against any company incor-
porated under this act, and execution awarded
therefor; but if the said jury shall be applied
for by the owner or owners and shall find
less sum than the company shall have offered
or the said commissioners shall have awarded,
then said costs shall be paid by said applicant
or applicants, and either deducted out of said
sum found by the said jury or execution
awarded therefor, as the said court shall direct;
but such application shall not prevent the
company from taking the said land, upon
filing the aforesaid report; provided, that in
no case whatever shall said company in
corporated under this act enter upon or take
possession Of any land Of any person or per
sons for the purpose of actually construct
ing said works or Of making any erection or
improvements whatever, or otherwise appro-
priating said lands to the use of any COM
pany incorporated under this act, until they
have paid to the party or parties entitled to
~
commissioners as the value of such land or
damages; in case the report Of commissioners is
not appealed from, or if the same is appealed
from, then the amount which shall be found by
the jury by whom the issue shall bo tried; but
i'll case the party or parties entitled to receive
the amount assessed by the commissioners, in
case there shall be no appeal, and in case of
appeal, the amount found by the jury, shall
refuse upon tender thereof being made to re-
ceive the same or shall be out Of the state or
under any legal disability then the payment of
the amount assessed or found as aforesaid, into
the circuit court of the county, wherein the said
lands lie, shall be deemed valid and legal
payment; aDd further, that the party or parties
entitled to receive the amount assessed by the
commissioners may upon tender thereof being
made receive the Same without being barred
thereby from his or their appeal from the report
of the commissioners; and on such tender or
payment of the money into court, in case it be
reused as aforesaid. t1a said company snail
be empowered TO enter upon and take posses
sion Of said lands and proceed with the work Of
constructing its sea wall or embankment; pro-
vided, nothing in this act ehall be construed to
apply within the limits of any incorporated
city, nor TO affect the rights Of the state to any
lands under water.
15. And be it enacted, That this act shall take
effect immediately, and that all acts and parts
of acts inconsistent herewith, be and the same
are hereby repealed.
Passed March %, 1881.