Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1882-04-20


Approved March 3, 1852
CHAPTER L.
An Act to authorize cities To- construct sewers and
drains and to provide for the payment or the cost
thereof.
/. Be it enacted by tile Senate and General
Assembly Of the State Of New Jersey, That Il shall
be lawful for the board of alderrne Of any city in
this state order and cause sewers Or draus to be
constructed in any part OF such city, and to pro-
vide, maintain and alter general system Of sewer
age and drainage for such city, any part thereof,
conformabIy to which al and drains shall be
constructed, and TO establish and maintain
more outlets or places Of deposit within or witIont
such city, for sewerage drainage, and 10 provide
for the disposal Of sewerage and drainage from the
city; and 70 repair and cleanse such sewers and
drains.
q And belt enacted, That whenever petition in
writing Of any owners Of property Interested shal
be presented to the board Of aldermen OF the city,
asking for the construction Of a sewer or drain IN
any particular section Of said city il shall be lawful
for such board 10 adopt resolution declaring its
intention to cause such sewer or drain to be con-
structed, and the said board shall forthwith
public notice of such intention 10 be given by the
city clerk, or other designated officer, in Two
more newspapers printed and circulating in such
city, for the space OF ten days. briefly describing the
proposed work, and requesting such persons as may
object thereto to present their objections in wri-
ting, at or before the expiration Of ten days from
the date Of such notice, to the officer signing the
than one-half of the Ineal frontage OF land along
any street through which it is proposed to con
stfuct any lateral sewers or drains shall present
their objections In wiring then such proceeding
shall cease; but otherwise and after the expiration
of said ten days. it shall be lawful for snch board to
adopt any ordinance for the construction OF such
sewer dranto award contracts for thesane or fer
any part or section thereof, and to take all neces-
sary steps for properly carrying intn effect tile de-
sired Improvement.
II. If, in the Judgment Of the said board o. al
dermen, tho construction Of such sewer or drain ~
likely to benefit and increase the value OF any lands
and real estate in the vicinity thereof, tho said board
shall apply to the circuit court of the county wherein
such city is situate, for the appointment OF COM
missioners to estimate and assess sch benefits, Oi
the time and place Of which application notice shall
bc given BY, ten days publication IL Two newspa-
pers printed and circulating In such city, at which
time and place, or at such other time and place rs
the court shall designate, said cOnrt SHALL without
unnecessary deiay, appoint three commissioners,
who shall be freehoiders aud residents Of the city
making the application 10 estimate and assess
the said benefits; the said court shall
have power to remove any commissioner and
appoint another in his place, and also to
fill any vacancy that may occur IL the Of
fee Of any commissioner from any cause;
III. The said commissioners, before entering upon
the execution of the duties required of them by this
act, shall take and subscribe before some person
duly authorized to administer the same, an oath or
affirmation that they will make all estimates
and assessments required OF them fairly, legally and
euuitably according te the best OF their skill and
understanding, which oath Or aillrnlallon siil De
attached the report that they are hereinafter re-
Quired to make;
IY. The said comm, ,~soncrs having thus quail
fed, shall give notice, Nder the direction OF the
said court of the time 49, place when and where
they will hear any persons y interest who may pre-
sent themselves to be heard, at such time and place.
and at such other times and places to which they
may adjourn for that purpose, the SAID commis-
sioners shall attend and shall give public hearing
10 those persons in interest who may desire TO DC
heard the said commissioners shall have power 10
Iva nflr hrtaI
by any one of them, ard TO enter upon and view
any premises that they may deem necessary, and 10
adjourn from time to time in their discretion, or as
directed by said court; they shall use dnlgcnt ei-
forts to ascertain the names of the owners OF the
lands and real estate benefited by the construction
of such sewer drain aforesaid, and shall state
the same in the report hereinafter mentioned; but
the failure to ascertain the name OF any such
owner, or to state the same correctly or the omis
sion of any such name from the said report, shall
not be deemed to invalldate the said assessment,
nor to be bar to the collection Of the same;
| " After having given opportunity as aforesaid
for public hearing of the persons in interest, and
having viewed the premises likely in their judgment
to be benefited by the construction OF such sewer
or drain, the said commissioners shall make re-
port In writing OF their estimates ana assessments
| to the said court accompanied by survey ana
map prepared by the city surveyor or engineer, I'M
der their direction, showing the lots Of parcels oi
land and real estate peculiarly benefited by such
sewer or drain the said report shall state the cost
| Of the whole work, the portion il any, assessed
upon the city at large, and shall give the names so
far as ascertained Of the Of the said lots or
parcels Of land and real estate and the amount OF
the assessment to each owner for each OF such lois
parcels of land and real estate for the SAID benc-
fits, which assessment shall in each case be in pro
| portion, may be, to the advantage when
| each of such owners shall be deemed to have Ac-
qnired by the construction of such or drain
i'll case the costs and expenses OF snch work shall
/ exceed the amount Of said benefits, the excess
thereof shall be paid by the city al large and raised
| by general tax; in no case shall any property or
| ntvt hc the.
| benefit actually derived from the construction Of
| snch sewer drain;
vi. Upon the coming in ofany snch report, signed
/ by the said commissioners, or any two OF them,
said court shall cisc such notice 10 lie given as 1t
shall deem proper, Of the time and place Of hearing
| any objections that may he made to such ASSESS
menl and after hearing any matter that may be al
legged against the samc the said court, either BY
rule order, shall confirm the said report, or shall
( refer the same to the same commissioners for re-
vision and correction, or 70 new commissioners 70
be appointed by the said court forthwith, to recon-
slider the subject matter thereof and the said COM
missioncrs 10 whom such report shall be referred
by the court shall return the same corrected and
revised, or new report to be made by them in the
premises, to the said cous without unnecessary de-
lay, and the same being returned shall be con-
irmcd or again referred by the said court in the
aforesaid, right and justice shall require,
and so from time to time until report shall be
made or returned in the premises which the said
| conrt shall confirm such report when confirmed,
shall be final and conclusive as well upon The said
| city as upon the owners OF any lands aud real cs-
cansc certified copy of such report and the accom-
panyng map 10 be transmitted TO The city clerk of
the said city, with certified copy Of the rule
der OF said court confirming the same, which shall
be forthwith delivered by the said clerk TO the Off
Ger Of such city charged with e duty OF collecting
| assessments for improvements;
VII No ceTtiorari shall be allowed by any court 10
| review amy Of the proceedings in relation 10 such
improvement, to in any way Affect any
| met made by such commissioners after the lapse
OF thirty days from the making OF the order OF the
court confirming such assessment the court shall
l designate what notice, II amy, sall be given by
publication otherwise, Of the confirmation or The
| report Of the said commissioners
i Will All assessments made under the provisions
OF this act shall be aud remain first lien upon the
4 lands aud real estate affected thereby, notvith.
standing any error or omission in stating the name
or names Of the owner or owncrs OF any lot par
Gel Of such land and real estate 10 the same extent
| as taxes and assessments are now &8ien under the
general laws of this state; and shall bear the same
rate OF Interest as other assessments for Improve
nicnls made under the laws governing snch cities
| aud shall be collected ia the same manner that
assessments are now collected under snc laws; aid
IN case Of the nonpayneul OF such assessments thf
als and real estate assessed therefor may be sold
IN the same inalrt provided for the sac or landl
for the non-paymenL Of assessments made undei
such laws:
TX. The board Of aldermen mny pay the expenses
Of any ench improvement by the issue Of temporary
improvement certificates, from lime 10 time, thl
work progresses and in ssich form rs the board ma,
prescribe. said certificates shah bear interest al
81 -.