Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-05-12

ments; SO soon as conveniently may b. there
after such committee shall apply to the presid-
ing judge Of the circuit corrt in the county in
which such improvement was made for the ap-
pointment of commissioners to make an assess
ment of the same; up"n making this appllca-
tion said judge shall appoint three judicious
and disinterested freeholders residing in the
county in which such improvement was made,
none Of whom shall be taxpayers in the town.
ship where made, to make said assessment, and
he may, in his discretion, and in such mode az
lie may direct, cause notice to be given to prop
erty owners whose lands lie adjacent to the
street in which the improvement was made OF
such application; when such appointment ls
made said commissioners, in making the as
sessment shall assess upon all the lots or tracts
of land and real estate benefited by such i'm
provement such proportion Of such costs and
expenses, including discounts and interests
aforesaid, as will be equal to the amount OF the
benefits actually acquired by said lands and
real estate from such improvements, proper
toned equitably tothe benefit each of such lots
or tracts of land and real estate shall be deemed
to acquire, and the balance of such costs, ex-
penses, discounts and interests, if any remain
unassessed, shall be debt upon and Paid by
such township, and the township committee of
said township is hereby authorized to raise, in
one sum or by installments from time to time,
by tax, in the same manner and at the same
time that other taxes in said township are raised,
the interest accrued thereon.
2. And be it enacted, That all assessments
made under the provisions of this act shall be
payable if the owner or owners of the land and
real estate upon which said assessment shall be
made shall so desire, in five equal annual in
stallments with interest thereon, at the rate OF
six per centum per annum upon all deferred
payments from the day the report hereinafter
referred to shall be delivered to the collector of
the township hereinafter mentioned to the day
OF such payment respectively; the first payment
thereof to be made within one year from the
time said report shall be delivered to the coll
lector of the township as ashereinafter mentioned
the second payment within two years thereof
and the third payment within three years
thereof, and SO on annually until the whole is
paid; provided, that such owner may increase
the amount of his installment in making such
payments on the same terms.
g. And be it enacted That tho said commits
sioners before they commence to make any
assessment contemplated by this act shall take
and subscribe an oath or affirmation before the
said judge, to make the said assessment fairly
and impartially, according to the. best of their
skill and judgment.
A. And be it enacted, That the said commits
sioners shall make report by certificate in
writing, of the assignments so made, and be-
fore proceeding to sign the same shall give an
opportunity to the parties interested to examine
UHe Sdul6, anu give parties
terested by posting the same in five Of the most
public places near said improvement, one of
which shall be placed along the line thereof,
and also copy left at each occupied dwelling
along the same, at what time and place in said
township the said report may be examined by
them; and also of the time and place when and
where the parties interested can be heard by
the said commissioners; and after hearing the
said parties, the commissioners shall proceed to
complete said report making such alterations
as they deem proper and necessary, and shall
then sign the same and deliver said report 10
the collector of said township.
s. And be it enacted, That the assessment
authorized and directed by this act shall be and
remain henupon the land and real estate as
sessed, from the time said report shall have
been delivered to the collector of said town.
ship, in the same manner and to the same ex-
tent that taxes are now liens upon lots or tracts
of land and real estate in said township
6. And be it enacted, That if the owner or
owners of any lot or tract of land and real
estate which shall be assessed for any improve
ment aforesaid shall desire to pay the whole
assessment which shall be made and levied
under the provisions of this act upon his or
their lands and real estate, notwithstanding the
provisions of the second section of this act. the
said township committee or majority of them
are hereby authorized and empowered, after the
report and certificate in writing shall have been
delivered to tho collector of the township as
aforesaid, to remit or deduct from any and all
assessments which shall be SO paid a sum not
exceeding fifteen per centum of any such assess
ment; provided such payment is made within
three months after said report and certificate
shall have been in said collectors hands, and
any such deductions shall be considered as
portion of the balance to be raised as aforesaid
by said township.
T. And be it enacted, That the collector of
said township SHALL as soon as the said report
shall have been delivered to him, proceed to
collect the assessments named in said report,
and shall give notice, in like manner as is re-
quired of said commissioners, in section four,
successfully, at least once in each week, stating
in general terms the street or section of street
comprised in such assessment, and requiring
the owners of the lots or tracts of land and real
estate assessed in and by said report to pay the
amount of said assessment to him.
s. And be it enacted, That if any assessment.
OF installment or installments thereof, upon any
lot or tract of land and real estate made under
the provisions of this act shall remain unpaid
after the expiration of the time limited in the
second section mentioned, the said township
committee may proceed to collect the said as
scssment by sale of the lots or tracts of land
and real estate whereon said assessments have
been imposed, and remain unpaid, in the same
manner and to the same extent as lands and
real estate are now sold for unpaid taxes in said
any such sale or sales, and his legal representa-
ti7es shall hold and enjoy such lots or tracts Of
land and real estate, with the rents, issues and
profits thereof in the same manner, as if he
had purchased the same at a sale for the non
payment of taxes due thereon.
9. And be it enacted, That any owner deem
ing himself dissatisfied or aggrieved by the re-
port Of said commissioners, in respect to the
assessment made by them as aforesaid, may
appeal therefrom to the Judge of the circuit
court of the county i'll which his or her lands 50
assessed lie, at any time within thirty days
from the date of the delivery of such report to
the collector, giving written notice of such in
tended appeal to said collector, upon making
the application therefor to said Judge he shall
therenpon order trial by jury to reassess the
benefits OF the party SO appealing, on an issue
to be framed for that purpose the trial whereof
shall be conducted as in other cases of trial by
jury; the assessment of said jury shall be entered
by the clerk of the court III the court minutes,
and a certified copy thereof given by him to
said collector, who shall attach the same to said
commissioners certificate and report; and such
assessment shall take the place of that made by
said commissioners, and SHALL in all respects,
have the same force and effect as if originally
made by them; if such reassessmentis is less than
the original one judgment may be entered up
for the costs of the appellant against said town
ship, and if greater Judgment may be entered
appellant.
10. And be it enactsd, That for the purpose
of meeting the costs and expenses of such i'm
provements, it shall be lawful for the township
committee to issue bonds under the seal of said
township, and by the signat1 g Of the chairman
thereof, with that of the tow. lhip clerk, to an
amount equal to said costs, expenses and ac-
crued interest; said bonds shall bear interest at
the rate of six per centum per annum, payable
semi-annually, and be made payable at any
time not exceeding ten years from their date,
and shall not be negotiated at a rate less than
par; and all assessments for said improvements.
and all taxes raised to meet the portion of the
costs and expenses assessed to said township,
when paid, shall be kept apart and used solely
to pay said bonds, with the interest thereon;
said bonds shall also be receivable in payment
of said assessments for their full or face value,
with the interest thereon.
II. And be it enacted, That this act shall take
effect Immediately
Approved March 25, 1881.
CHAPTER CCXXII.