Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-04-05

counties Of the frst class in this state;
l. BE IT ENACTED By the Senate and General As
seBsbly Of the State of NetU Jersey That it shall he
lawful for any of the boards OF chosen freeholders
in counties of the first class in this state at any
time hereafter, when it shall be deemed ad visabe
and for the best interests of such county to lay
out, open, construct, improve and maintain public
road in each OF the respective counties Of the first
class in this state, extending through such county,
in any direction, from one boundary line to the
other Of such county OF the first class; and each OF
said boards of chosen freehoders in the respective
counties of the first class in this state hereby
invested with all the rights and powers necessary
flag, macadamze, or otherwise improve, and main
tain such public road and make the surveys for the
same.
2. And be it enacted, That the said board Of
CHOSEN freeholders in any county Of the first class
In this state, shall have power open such road by
taking all the lands buildings and improvements
within the lines Of such road, making eompensa-
ton for any which have not been heretofore dedi-
Gated, opened or taken TO or for public use pro-
raded, that no person In possession Of any dwelling
house, store or shop sinai. be disturbed nor any
dweng-house, store, shop church, engine or school
house, or other public structure, to be taken down,
removed destroyed, before the expiration Of one
month after compensation therefor shall be deter
mined and paid, or rendered as hereinafter pro-
yided and preufded also, that nothing in this act
contained shall be construed to authorize the
removal or destruction OF any OF the public build
ings belonging to such county and proUidsd, that
the width of said road shall be one hundred feet,
and no more nor no less.
8. A nd be it enacted, That said board Of chosen
freeholders after Its determination to lay out any
such road, shall, as soon as it conveniently can,
proceed to lay out such road in the following man
ner: they shall in the first place make or cause to
be made survey of such road, with map thereof,
showing the termini and route of such road ncluds
ing the courses and distances and the various i'm
provements through which the same will pass, and
also the names Of the several owners of lands, pro-
posed to be taken therefor, far as the same can
be conveniently ascertained, and showing the width
Of such road, which shall be one hundred feet in
width; and after the completion OF such survey and
map it shall be filed in the office of the clerk of said
board for public inspection pr0cided, that IN max
ing the surveys and map of the same, they may use
all the surveys and maps that now are or may here
after be recorded or fled in any public Office Of
such county, recorded or filed in any public Office
in any city, town or township In such county, to
which they shall at all reasonable times have full
access pTovided, that the same be not removed
board may include In any such road, as a part
thereof, and in the survey and map thereof, 10 be
shown thereon, any road, street, highway or ave-
nue., or part thereof, already laid out, opened, or
dedicated in such county, or in any city, town or
township thereof, to public use, and said board
shall have the exclusive control of such road and
regulate the use thereof throughout the entire
4 And Be It enacted, That SO soon as corven-
ienty be done after such map is provided for
in the third section of this act, is fled with the
clerk Of said board and before any further action
is had by said board in the matter, the said hoard
shall give public notice III one Or more Of the
the filing of such map for public inspection, which
said notice shall be published at least two weeks,
and which said notice shall state the time and place
when and where said board shall meet to take into
consideration the question whether said proposed
road shall be laid out and opened or not, which said
meeting shall not take place for at least four weeks
from the time Of filing said map with said board,
and which said meeting shall be open and public
for the purpose of hearing and considering any
objection in writing TO the opening OF said road or
TO the course or location thereof, which may be pre-
fad fr,c hon drfa urI7 tfr1nn dr11a
5. Agld be 1t enacted, That said board, after the
fling of said map, and the hearing and consider
ing any objections which may be presented, shall
have power to alter revise. correct or change said
surveys and maps as to course and location of said
road and adopt the course and location as laid
down originally on said survey and map or adopt
the course andlocaon altered revised, corrected
or changed, or abandon the whole project entirely;
prOuided, that if the same be so abandoned, such
abandonment shall in no case be considered an ex-
haustion of the bowers of said board under this act
but said board may at any time commence
anew under the provisions of this act and
that the powers of said board under this act
shall be treated continuous until such road shall
be laid out, opened and improved as aforesaid, or
this act repealed.
g. And Be il enacted That after said board shall
have heard and considered any objections which
shall as aforesaid have been presented TO them tney
may, II they de m it in the best interests OF the
county, revise, alter and correct said map and loca
ton and Of said road, and order all such
attentions in the course and location OF said road.
and if it is deemed in their Judgment to be desirable,
declare by resolution of such board that said road
shall be laid out, opened and improved in accord
ance with the provisions of this act; and such
board their agents, engineers, surveyors and others
in their employ shall have full power at all times to
enter upon any lands for any purposes contem-
plated BY this act: that any land and real estate
deemed necessary by the said board for the laying
out, opening, construction. improving, and main
taiuing such road or any part thereof, may be
taken therefor, and value and damage assessed,
be allowed for the same, III the manner herein pro-
yided-that is to say. the said board Of chosen
freehoders after declaring by resolution that said
road shall be laid ont and opened, and the ad ptlcn
of the location and course thereof, shall immedi-
ately by petition in writing signed by the director
and clerk Of said board, make application to the
justice of the supreme court holding the county
circuit court for said county for the appointment OF
three commissioners who shall be freeholders and
residents in such county. and upon such applca-
ton, when so presented, said justice shall make
order fixing q time and place when said Commits
sioners will be appointed, which shall not be less
than fifteen days from the making of such appllca-
ton; notice of which said order shall be published
in at least three newspapers published and clrcu-
lated in said county, or in such other manner as
said justice may direct, for time not less than two
weeks, of the particular time and place for the ap
pointment Of said commissioners, at which time
and place. npon satisfactory evidence to him OF the
publication Of such notice as aforesaid, he shall ap
point in writing under his hand three ds1nteresed,
impartial and judicious freeholders, residents in
such county, commissioners TO examine and ap-
praise the value of the land and real estate to be
taken for the laying out and opening Of said road
and the damage to be done to the owner or owners
thereof BY taking the same. upon such notice TO be
given TO the persons interested as shall be directed
by the justice making said appointment, either per-
sonaly, by publication or otherwise and 1t shall be
the duty of the said commissioners (havlng first
taken and subscribed oath or affirmation before
the said Justice faithfully and impartially to dis
charge the duties OF their appointment which oaths
or afirmations shall be fled with the clerk Of said
board of chosen freeholders) to meet at the time
and place appointed, and proceed to view and ex-
anime the said lands and real estate to be taken for
fho loxiro ondn of aod haQf he
statements Of parties interested and from time OF
time. adjourn the said examination and hearing, 1t
in their Judgment such action shall be necessary,
and to make just and equitable estimate or ap-
pralsement Of the value OF the lands and real es-
tate, and the value of the interest Of each Of
the lands and real estate to be taen and the dam
age to be done to each owner by taking the same
considering in such appraisal the condition in which
each owners parcel viii be left after taking so much
thereof as VIII be necessary foT SAID opening, and
when the estates in any Of said lands and real es-
tate are not known, they shall appraise the value
and damages to be done to the fee simple (which
amounts shall be paid by the board OF chosen free
holders as hereinafter drected) and separate ap-
praisements made for each separate tract and said
Commissioners shall, within three months from the
date of their appointment, make their report in
writing under their hands and seals or any two Of
them, and shall file the same within ten days there
after in the clerks Office of such county, and remain
OF record therein. together with their appointment
and proof OF notice as aforesaid as directed by the
justice aforesaid, copy of which certified by the
clerk of the county under his seal of office, shall be
filed with the clerk Of the board OF chosen freehold
ers and by him presented to the board at its next
meeting. and fled of record in his office: and
thereupon and on payment or tender Of payment Of
the amount awarded hereinafter provided, the
said board Of chosen freeholders is hereby en-
powered to enter upon and take possession Of the
lands and real estate for the use of the inhabitants
Of such county; and the said report copy
thereof, certified by the clerk Of such county, and
proof of payment or tender Of the amount awarded.
shall at all times be construed plenary evidence
of the right of such board Of chosen freehoders to
have, hold. se, occupy, possess and enjoy the said
lands and real estate for the Of said county
and the said justice of the supreme court shall,
upon application Of either party, and on reasonable
notice to the other tax and allow such costs, fees
and expenses to the commissioners or others per
forming any OF the duties prescribed in this section
of this act, as he shall think equitable and right,
which shall be paid by the county collector upon
certificate of such justice; proridsd, that should
any such board of chosen freehoders OF any county
acting under the provisions Of this act, or the
owner or owners OF any lands feel agerieved by the
decision Of the commissioners aforesaid, he. she or
they may appeal to the circuit court Of such county
any time within sixty days after the filing Of the
rtl 1.4~|n nas1 4sarf+s4