Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1884-06-12
LAWS OF NEW JERSEY.
tnr AuTHoRirY.l
CHApTER XXI.

ou hcb 10 enable Incorporated towns TO con-
struct water works TOR the extinguishment uf
fires, and supplying the Inhabitants thereof
with pure and wholesome water.
l. Be it enacted by the Senate and General
assembly of the State of New Jersey, That any
Incorporated town in this state be, and it is
Hereby authorized in the manner hereinaf er
provided, to take and convey from such source
or sources as may be practicable, into, md
nrough said town, such quantity of pure and
wholesome water as nay be required for do
nestle use, the extinguishment of fires and
other purposes by the inhabitants residing
within the corporate limits of said town; and
to this end such town, is hereby authorized by
its board OF commissioners or other governing
oody, by Whatever name it may be called, to
appoint three commissioners to be called eva
Ter commissioners" who shall have the DOW
ers and perform the duties hereinafter mem
uoneds the first of said water commissioners
snail hold his Office until the first Monday in
May succeeding his appointment, the second
Tor one year, and the third for two years from
the first Monday in May succeeding their ap-
POI tmest. On the first Monday in nIay in
each year after their appointment, one water
commissioner shall be appointed by such town,
who shall hold his Office for the term of three
years. In case vat ancy should Occur in the
ofhce OF water commissioners, such town, by
its commissioners or other governing power.
and serve the unexpired term; no member of
the Board Of Comrni sioners or other govern
ing power OF such town shall be eligible to The
office of water commissioner.
2. And be it enacted, That the said water
commissioners, and every of them, appointed
under the provisions of this act, bef re enter
ing on the discharge Of the duties prescribed by
thIs net shall severally take and subscribe
before the clerk of said town, who is here
by authorized to administer to the same,
an oath or affirmation, faithfully and i'm
PARTIALLY to discharge all the dnties lm-
posed on them by this act, which said oath or
affirmation shall be fled in the office of the
clerk OF said town; and further, before entering
upon the di-charge of the duties prescribed by
this act, each of said water commissioners shall
repair to the board of commissioners or ether
governing body of sald town, and enter into
bond to the said town by its corporate name,
with two freehold securities to be approved of
Dy the commissioner or other governing power
OF said town, in such sum not less than three
thousand dollars as the said board of commits
sioners or othel governing power may direct,
conditioned for the true and faithful perform
ance of all the duties of the said office of water
commissioner; no water commi sloner shall
bo interested or concerned, directly or Indirect
| ly, in any contrlci or agreement for furnishing
labor on materials in the erection or repair of
the works authorized by this act, which said
water commissioners may make or cause to be
made; but eaca of said water commissioners
shall be entitled TO receive, out of the revenues
arising from said works and crea' ed by this act,
the sum Of one dollar and fifty cents per day
for each day actually employed, not exceeding
in the whole the sum of one hundred dollars in
each yetr,
3. And be it enacted, That the said water
commissioners are hereby invested with all the
powers necessary to enable them to construct
keep up and maintain such reservoirs, aque-
ducts and apparatus for elevating water, as they
may deem necessary, from time TO time, with
such erections, works, establishments and fix
lures, as may be, in their opinion, required to
effectuate the objects of this act and to use and
divert such parts of the waters of any stream
necessary for the purposes contemplated by
this act, and to lay all pipes under the streets
or through private property, that may be need
ed to conduct said water to the reservoirs, and
from the reservoirs to such p-rts of the town
and vicinity, as the governing board of said
town may, from time to time, deem expedent,
and for these purposes, said water commission
ers m y make all such contracts, and employ
all such engineers, workmen and labortrs, as
they may deem necessary, subject, however, to
the restr ctions hereinafter provided.
4. And be it enacted, That If it should be-
come necessary, in the opinion of said water
commissioners, to lay pipes through any pri-
VaJc lanQS, OF any private lanQS snail Dc re-
quired for erecting reservoirs or other works
thereon or from which they may desire to take
and use the water of any spring or springs,
stream or streams OF water, and no agreement
| can be made with the owner or owners there
of, as to the amount of compensation to be paid
| for the laying said pipes through said lands or
the price of such lands as the case may be, by
reason of the unwilingness of said owners or
any OF them, to accept such compensation or
reasonable, or by reason of the absence or legal
| incapaoity of said owners, or any of them, it
shall be the duty of either of the Justices Of the
supreme court of this state, upon appli-
| cation to him by said water commissioners,
and after ten days previous notice in writing
ofsuch application to the persons interested, if
| known and in this state, or if unknown or out
of the state, after publication thereof for any
| term, not less than ten days, in newspaper
| published in such town, to appoint three disin-
! terested appraisers, from the county wherein
| such town is situated to determine the compen-
/ sation to be paid for the laying of said pipes
1 through said lands, or the price to be paid for
said lands, as the case may be; and it shall be
| the duty OF the said appraisers, CATER having
taken, an oath or affirmation faithfully and i'm
partially to dischar.e the trusts herein reposed
in them, and after having carefully viewed the
premises), within twenty days after their ap-
pointmeLt, 10 deliver to said water commits
| sioners written appraisement under the
! hands and seals Of them, or majority of them,
Of the award they have made containing a fuh
| description of the lands, required as aforesaid,
| which appraisement the said water commits
sioners shall cause to be recorded in the regis
| try of deeds for the said county; and upon pay
| ment or tender, by the said water commission
ers to such owner or owners as aforesaid, or
some one of them, of the sum awarded in such
| appraisement, if any. then the said water COM
missioRers shall have power to enter upon and
| take possession of the said lands for the pur-
poses aforesaid, and the said town shall be
deemed seized in fee simple os the lands reQuir-
ed for the erection of the said reservoirs or
other works as aforesaid; and in case any own
| er or owners ofsJch lands shall be feme covert,
under age, non compos mentis, or out of the
state then and in that case it shall be sufficient
for said water commissioners to pay the amount
which may have been appraised rs aforesaid,
into the court of chancery ofthis state, subject
to the order Of said court, for the use Of the
party or parties entitled to the same, the costs
of all which proceedings shall be taxed by the
said justice ffhe supreme court, and paid by
the said water commissioners.
5. And be it enacted, That in case the com
nissionerS or the owner or owners Of the said
land shallbe dissatisfied with the award Of the
appraisers named in the preceding section, and
shall apply to the Justices Of the supreme court,
at the next term after filing Of the said award,
the court shall have power, upon good cause
shown, to set the same aside, thereupon to di-
rect proper issue for the trial of the said con-
troversy to be formed between the said parties,
and to order a jury to be struck and view OF
the premises to be had, and the said issue to be
tried at the next circuit court to be holden in
said county, upon the like notice a,si in the
same manner as other issues in the sa court
are tried; and it shall be the duty OF Q ID
jury to tho value Of the said land ds o.
ages sustained, and if they shall find grea 4
sum than the said appraisers shall have awai j.
ed in favor of the said owner or owners, then
Judgment therefor, with costs, shall be entered
against said commissioner, and execution
awarded therefor, but if the said jury shall be
applied for by the said owner or owners. and
shnll find the same or less sum than the com
missoners shall have offered or the said nr,n.,i