Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1884-07-10

and damages aforesaid, which report shall be
made in writing under the h nds and seals OF
the said commissioners or any two OF them,
and filed wi hin ten days thereafter or at such
later date as said Justice may order, together
with the aforesaid description OF the land.
buildings and the appointment and oatts on
nffirmations aforesaid in the clerks ONCE OF
the county in which the land is situate, to re-
main of record therein, and thereuppn and on
payment Or tender OF payment Of the amount
awarded as hereinafter provided, or If Tor any
reason lawful tender cannot be made when
upon depositing the money under an order OF
the said Justice as he shall direct, the said
mayor and council or said municipal board Of
any such city mentioned in s-ct on one IS here
by empowered to enler upon and take pos
session of the said lands for the purposes afore-
said, and the said report, OF copy Thereof,
certified by the clerk Of said county and proof
ofpayment or tender of the amount awarded,
shall at all times be considered as plenary
evidence Of the right Of any ely to have, hold,
use, occupy, possess and enjoy the said land;
or OF the said owner or owners to recover the
amount of said valuation, with interest and
costs, in an act OF debt in any court OF COM
petent jurisdiction in a suit to be instituted
against the city, if the proper authorities shall
neglect or fuse to pay the same for twenty
days after demand made of them; and The said
Justice of the supreme court upon application
Of either party, and on reasonable notice to the
others, tax and allow such costs, fees and eX-
penses to the Justice Of the supreme court.
commission rs clerks and other persons per-
ftrrning any of the duties prescribed in this
section as he shall think equitable and right,
which shall be paid by the said city provided;
always that should the said city or the OWNER
OF owners Of any OF the land or any party in
interest feel aggrieved by the decision OF the
he che
appeal to the next circuit court in the county
wherein the said land may be-
8. And be it enacted, That every appeal
from the decision of .he commissioners ap-
pointed under the preceding section shall be
made in writing, and in the form of petition
to said court and filed with the clerk Of the
said circuit court of the county wherein the
land appraised by the said commissioners shall
be, and notice in writing of such appeal shall
be given to the opposite party within ten days
after the fling thereof, which proceeding shall
vest in the circuit count full right and power
to hear and adjudge the same and to direct a
proper issue for the trial of said controversy to
be found between the said parties, and to order
a iurv to be struck and view of the p e1nises
to be had, and the said issue to be tried at the
next term Of said court, to be holden IN the
said county upon the like notice and in the
same manner as other is ues in the said court
iury to assess the value of the said land and
building taken and the damages sustained and
if they shall find a greater sum than the said
commissioners shall have awarded IN favor Of
the said owner or owners, then judgment there
on with cost shall be entered against said city,
and execution awarded therefor; but if the
said jury shall be applied for by the owner or
owners and shall find less sum than the said
city shall have offered or the said commissions
ers shall have awarded. then said costs stall
be paid bv the said applicant applicants, and
either deducted out of said sum found
by the said Jury or execution awarded there
fore as the said court shall di-
rect; but such application shall not prevent the
said citv from taking the said land and buildings
upon fling the aforesaid report; provided, that
in no case whatever shall said city enter upon
or take possession Of any land or build ng Of
any person or persons for the purpose Of extend
ing any street as aforesaid under this act until
they have paid or rendered to the party or par
hes untitled to receive the same, the amount
assessed by the commissioners as The value Of
such land buildings or d images, in case the
report of commissioners is not appealed from
or if the same is appealed from then the
amount which shall be found by the jury by
whom the issue shall be tried but in case the
party or parties entitled to receive the amount
assessed by the commissioners, IN case there
shall be no appeal, and in case of appeal the
amount found by the jury upon tender thereof
being made, and failure TO receive the same or
upon payment thereof or shall be out OF the
state or under any legal disability, then the
payment of the amount assessed or found as
aforesaid into the circuit court of the county
wherein said lands lie shall be deemed a valid
and legal payment; and further, that the party
entitl to receive the amount assessed by the
commissioners may upon tender thereof being
ma receive the sam without being barred
thereby from his or .5eir appeal from the re-
mort of the commissioners; and on such iender
or payment of the money into court, in case it
shall be refused as aforesaid, the sand city shall
be empowered to enter upon and take posses
sion Of said lands and buildings, and proceed
with the work of extending such street as
aforesaid.
4. and be it enacted, That nothing in this
act contained shall authorize any mayor and
common council or like municipal board to
omen or extend any such portion of any street
as has been heretofore vacated BY law.
5. And be it enacted, That the officers Of
any such city who are charge by law with
making Of assessments for street improvements
shall assess so much of the cost and expense Of
such opcning upon the lands specially bene-
fted thereby IN prop triton to the benefit re-
ceivel as is equal to the special benefit to said
land: provided that in no ease shall the assess
ment exceed tDe speciAl DeItiit stilu any SACeSS
over such special benefit shall be paid by the
city at large by taxation. which said excess Is
directed t, be raised by Ia-ation and the
amount of the excess shall be placed in the tax
levy Of the following year.
6 Ard b it enacted, That to provide
moneys necessary to carry this act into effect
the mayor and common council or like muni-
eipal board of any such city shall have power
10 borrow money in antieipat on q the COLES,
ton Of tie assessment and taxes above referred
to either BY temporary loans or by the issue oi
bonds to All amount not exceeding the cost Of
such purchase of any such street and buildings
and making such Improvement; said bond.
having not irore thaa ten years to run, and
bearing interest at 4 rare not exceeding SIX per
.,.-ntum er nnnnm, which bond- shall not be
sold for less than their par value
Z And be it enacted. That aii moneys re-
ceived as prineinll and interest on account Of
said taxes and assessments for which said
bonds shall be issued by virtue Of the pro
visions of this act, are hereby pledged and ap-
propriated to a sinking fund to be est bl shed
for that purpose for the payment OF the princi-
nal of said bonds hereby authorized 10 be
issued
s. And be it enacted That all acts and
parts of acts, general public, local or special,
inconsistent with this act beand the same are
hereby repealed, and this act shall take effect
Immediately.
Approved April 2S, 1884.
CHAPTER CLXXxvIII.
A Supplement to an act entitled 'An act iol
the organization of the national guard o.
~ .er.tL ma