Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1882-04-27
cH6fTFR xc


CHAfTER xc
An Act concerning public roads between townships
having public road boards or road commlssisns.
/. Be it enacted by the Senate and General As
semby Of the State Of New Jersey, That whenever
it shall be necessary advisable to lay out, OPEN
alter widen, straigten, grade vacate any public
road boards road commissions, il shall be lawful
for said road boards road commissions, Jointly az
Joint road board upon the application In writing
Of ten frecholders IN each road district in which
said road shall be or be laid ont, to lay out open.
alter, widen straghten grade or vacate snch puohc
highway such application shall be made 70 the ROAD
board or road commission in each township wherein
said applicants freehOlders, and upon the receipt
Of any Such application it shall be the duty Of the
president Of said foae board or road commission
Immediately to notify the presaert o. the road
board or road commission OF said adjc1nl1g town
ship thereof, and upon his RECEIVING similar appl,
cation the presidents OF said road boards or road
commissions shall together forthwith appoint time
and place, when and where their respective boards
or commissions shall meet together 10 consider said
application, and shall cause notice shereof TO De
given to each member OF their respective rOaa
boards or road commissions, and If said joint board
shall deem it expedient to make such improvement
it shall cause map thereof to be made and lefE at
some convenient place to be kept open Tor inspec-
ton at gil reasonable times BY any interested person
desiring to inspect the same, and said JOINT board
shall thereupon cause notice to be given by pub
lcation in d newspaper printed ana pnbhshed IN
l the county wherein said improvement Is proposed
printed handbis or partly written and partly printed
handbls, posted conspicaously in i've or more puO-
lie places in each OF the road districts IN which said
improvement is to be made, stating that such map
may be seen and is open for inspection, and reqnr-
ing all persons interested therein to appear before
said joint board at convenient time and place, TO
be specified in said notice, when and where the said
Joint board shall hear and weigh ali objections TO
the said improvements and therelpon the said joint
board shall decide and determine upon the necessity
of such proposed Improvement, and II the salo JOINT
hoard shall decide and determine in favor OF the
same they shall make their decision in writing, and
shall award such dan ages as they may deem just to
each and every person affected thereby, and assess
/ such lands as they may deem benefited in propor-
ton to the benefit in their judgment received by the
| owners thereof. the value Of land benefited to be
taken in Consideration with the damages sustained
| that within ten days after making said assessment
as aforesaid, printed written, partly printed
and partly written notice SHAH oe addressed 70 each
4 individual or party assessed and deposited in the
post office in one Of said townships, stating the
amount Of said assessment against said Individual
| party for said improvement, and that SAID as-
sessment will remain open for examination and
| inspection by all persons interested therein
during the fifteen days next succeeding the
| depositing of said notice in said post Office;
and that said joint board shall appoint a
| place where said examination may be made
and they shall attend at such place day
subsequent TO the expiration OF said nfteen days to
| hear and weigh all objections thereto; that said
joint board shall thereafter reconsider said assess
ment and make any alterations therein they may
deem Just and thereupon they shall confirm said as
frmation file map of said improvement, and the
decision determined upon by them, in writing or
partly written, partly printed, with said assessment
SO confirmed and award so made, in the Office of
| the clerk Of the said county; andfthe said joint
board shall give notice of such filing by publica-
ti0n in newspaper printed and published n said
county, once week for four weeks, and the deter
mination of the said joint board shall be final and
conclusive in the premises unless appeal taken to
the court of common pleas of the said county within
the time and in the provided for in this act
and that Notwithstanding any mistake in the name
ements and real estate in the said townships in
making awards or assessments, or in giving or
addressing notice of the same, such awards and
assessments shall be valid and effectual In law
against such lands tenements and real estate, and
the same may be proceeded against and sold in the
] same manner as for other taxes.
/ q And be it enacted, That any person feeling
himself or herself aggrieved by the action Of the
said joint board, may, within thirty days from the
first publication Of the CAST notice required to be
given by said board appeal to the court Of common
pleas Of the said county by serving notice in writ
| ing upon any member of the joint board, and the
said court shall have full power to hear determine
and review the proceedings Of the joint board in
| the premises and the any award, assessment
or other action, to confirm alter, modify, set aside
reverse in whole or In part for errors either of fact
in law and the said court shall have the power to hear
1 and try the same In summary way, and may sum
mon special jury determine any question Of fact
and the said court may proceed IN due course ac-
cordng to the power Of the court in other cases;
and the determination of the said court shall be final
and conclusive in the premises and not subject to
nDDedi review. and the SAID court. or nudge
thereof, may, until such Determination stay an pro
| ceedings in the matter in reference to which the
appeal may be taken until such final determination
and ike fees and costs shall be paid to the judge ury
officers of the court and parties as allowed in
| other causes of which said court has OF may have
jurisdiction; and the said court shall have power to
make and prescribe all necessary forms, rules and
regulations In the conduct Of any proceedings to be
taken under this act.
q And be it enacted, That if no appeal shall be
taken within the time and in the manner prescribed
herein, the action OF the said joint board shall
take effect and the said joint board may pro
reed to carry out the same under this act; and any
assessment laid by vistIe thereof shall be lien on
the lands on which 1t Il laid and the said joint board
shall procure certified copy OF their award and the
Judgment Of the said court of common pleas, II any
4 appeal shall have been taken, to be placed In the
hands Of the collector Of taxes for the time being of
each Of the said townships and therenpon it shall
be the duty of the collectors of the respective town
ships to collect the said assessment on the lands In
each of their townships In sixty days from the time
Of placing such copy il their hands, and to pay the
same over to such person as shall be designated by
said joint board; and the said collectors SHALL In
j collection Of the said assessment be liable to the
Eame pains and penalties, and entitled to the same
fees as in the collection OF annual township taxes
the said fees being reserved by them out OF the
amount SO collected.
| 4 And be it enacted That al property taken un-
der any provision Of this act shall be deemed taken
for public use, and in estimating any awards Or as
sessments hereunder the said joint board shall est-
matefor benefits as well as for damages; and joint
board shall have power to appoint, employ, remove
and discharge from time to time such superintend-
ents surveyors, engineers and laborers as they may
deem necessary Ia order more efectnally to carry
out the intention Of this act, and pay theTu such
compensation or wages as they shall deem fair and
reasonable.
s. And be 1t enacfcd, That the proceedings for
the collection of said assessments shall be in con-
formity to the provisions Of the law governing said
road boards or road commissions in the townships
respectively where the lands assessed may lie, and
that the powers Of said joint board shall be con-
formabe far practicable with the provisions Of
the said acts, and the members of said Joint board
shall each receive the same compensation es they
would receive for similar services under said acts
respectively.
& And bo it enacted, That the members Of said
road boards or road commissions shall elect some
one Of their members to be president or said joint
board and such other officers they shall see fit,
and that each member Of said joint beard shall have
one vote on all questions, and that majority OF
such Joint board shall constitute quorum 1or the
transaction Of business.
| I. And be it enacted That il shall be lawful for
the road boards OF road comm ssons Of said town
ships (uot joint boardl TO decide what portion
Of said roads shall be thereafter maintained and
paired by each road district and in case said road
boards road commissions cannot agree upon such
assignment or division. it shall be lawful for either
Of said road boards road commissions TO apply to
the court Of common l aas Of said county, giving
ten days notice in writing to the president Of such
other road board or road commission, and such
proceedings shall therenpon be had as Ne provided
sections Of the act concerning roads (Eseyision) In
other cases OF roads dividing townships
O. And be it enacted, That this act shall taSe ef-
feet immediately
Approved March II, 1ss2.