Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-03-10
CHApTFR xxxI.

An act concerning past due assessments In Ger
tain towns and townships Of this state
NHEnEAs, In certain towns and townships Of
this state many of the benefit assessments fol-
local improvements heretofore made by COM
missioners the township committees, or the
commissioner of public roads of said town or
township, as the case may be, against the
owners Of lands and real estate claimed ohave
been specially benefited thereby, were laidupon
Illegal and erroneous principles, and without
regard to the peculiar benefit derived by rea-
son thereof as required by law, which as
sessments were intended to be legal and valid
liens on such lands and real estate; and
whereas, collections thereof cannot be en-
forced by the corporate authorities of such
towns and townships, but such assessments
are liable to be vacated by the courts; and
whereas, in many instances the owner or own
ers of such property are willing and desirous
to free the same from the pretended lien
thereof, and to pay an amount equal to the
peculiar benefit derived and it is to the mu-
tual advantage of all parties in interest that
such assessments should be SO eqnitably set
tied; therefore
Assembly Of the State of New Jersey, That the
common council board Of township committee,
or governing body of any town or township, as
the case may be, at their discretion, after
proper inquiry made, are hereby empowered
and authorized to rebate and reduce such as
Eessment or assessments, and to accept such
lesser amount in full payment and satisfaction
thereof, or such common council, board OF
township committee or other governing body
may agree to arbitrate such assessment or as
sessments upon application from such
owner OF, owners that such course be.
adopted, such petition or petitioners to-
bind himself or themselves in writing, to sub
NIT to, abide by, and pay the amount awarded
by such arbitration, and that such award, from
"a att af al ofT1p ho a. Vnt
and effectual lien on the lands and real estate
covered by such illegal and erroneous ASSESS
ment; and further, that such award may, at
any time, upon five days notice in writing, be
made rule of the circuit court Of the county
wherein such town or township may be situate,
and from and after the entry thereof such
owner or owners shall be personally liable for
the payl ent of the amount so awarded.
2. And be it enacted, That in case such com
mon council, board of township committee or
other governing body shall refuse to arbitrate
such Illegal and erroneous assessment, or
assessments, the owner or owners of such
lands and real estate may, upon the giving Of
five days. notice in writing make application to
justice of the supreme court for the appoint-
ment of arbitrators to determine and settle the
question of the peculiar benefit derived by
such lands and real estate by reason of such
improvement or Improvements, and such JUS
tice in his discretion, upon good cause shown,
may appoint TWO ulScreet and impartial persons
as such arbitrators who shall make and sign an
award or report in writing, stating therein the
amount of such peculiar benefit, the same to be
binding and conclusive; said award or report
may likewise be made rule of the circuit
court of the comfy wherein such city is situate
and from the date Of the entry of such rule
render such owner or owners personally liable !;
and further, if such afbirators be unable to
agree, they are authorized and empowered tc
choose q third person to act with them as ar
bitrator. in such case, the award of any two Of
such arbtrators as to the emount of the
peculiar benefit, to be binding and conclusive
s. And be it enacted, That this act shall take
effect Immediately
Approved February Is. 1881.