The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01

court on said application after such hearing
and upon due proof that notice has been given as
aforesaid, on which the Judgment OF the court
shall be final and conclusive, It shall be the duty
of the court to appoint three disinterested free
holders and residents as aforesaid as commits
sioners of adjustment for said city for the purpose
aforesaid; said commissioners of adjustment
SHALL before entering upon the discharge Of their
duties. take and file with the city clerk the oath
city for which they are appointed, and they shall
receive for their services such compensation as
the said court shall determine vacancies in the
board Of commissioners, caused by death or
otherwise, shall be filed in the same manner as
original appointments are herein required to be
made.
2. And be 1t enacted, That the said commits
sioners of adjustment, when appointed for any
city, shall have power and jurisdiction, and they
are hereby directed and required, in all cases
when any tax assessment OF water-rate levied or
imposed, or attempted to be levied or imposed on
any land therein prior to the passage of this act,
remains unpaid and in arrears to examine into
and Ak adjust and determine as to each parcel of
land how much of such arrearages and subse-
quent taxes, assessments or water-rates If any,
ought, in the way OF tax, assessment or water
rates, in fairness, equity and justice TO be laid,
assessed and charged against and actually col
lected from said land for or on account OF said
hxes assessments or water-rates and claims f0k
local Improvements heretofore made, and the
said commissioners, in dealing with the said
arrearages us matter of fact, according to their
Judgment of what shall be equitable, fair and
Just, as hereinbefore directed, shall treat the
same without regard to any supposed want of
jurisdiction, invalidity, irreguaiity or defect in
any of the proceedings had for the levying, i'm
posing or confirming of any Of said taxes, as
sessments or water-rates so in arrears; and IN
ascertaining the amount that should be assessed
and charged any Of the said lots tracts or par
GELS OF land, the said commissioners, in dealing
with the assessments or claims for street or sewer
improvements shall not assess or charge any lot,
tract or parcel of land, for or on account OF any
such improvement, in excess of the benefit
derived therefrom at the time the said improve
ment was made, or in excess of its due and equa-
BILE proportion thereof with interest provided,
that in all cases in which assessment or reas-
sesslnent has been made on any lot or tract of
land under valid law for the benefit conferred
by any local improvement, the said commits
sioners shall have regard to that fact and shall
not reduce the principal sum of such assessment
unless in their judgment, after investigation,
they determine that the amount heretofore so
assessed thereon does in fact exceed the benefit
conferred upon the properly at the time the inn
provement was made; the said commissioners
shall, within thirty days after their appointment
cause notice, signed by themselves to DO pub
lished in at least two newspapers printed and
circulating in the city for which they were APP
pointed, making known thereby that the said
commissioners will meet at time and place 10 be
therein designated, not more than forty or less
than thirty days from the date of the first publ
cation of The notice, to hear all persons interested
in the reassessnent or adjustment under this act
of the taxes, assessments or waerrates in arrears
in the city, or in such part thereof as the said
commissioners shall designate in the notice
such notice shall be continued in said newspapers
at least once each week until said meeting; at
the time and place mentioned in said notice all
persons interested in said matters either as tax
payers, owners of assessed lands or otherwise
shall be entitled to appear before said commits
sioners and be heard either personally or by
counsel, and said commissioners shall have the
right to examine witnesses under oath in relation
to all of said matters, which oath any one of
them is hereby authorized to administer; after
such hearing and after due examination of the
property mentioned in said notice, the said com
missioners shall proceed as speedily as may be to
fix and adjust the said arrearages of taxes assess
fba
said; and in like manner and upon like notice
the said commissioners shall proceed until all the
arrearages OF taxes assessments and water-rates
in such city have been reviewed, fixed, adjusted
and determined as provided in this act; the
amount of taxes, aSseSsn ents and Waterretes for
which certificates of sale have been given to and
are held by the city, whether such sales are in
valid not, shall be deemed to be in arrears
within the meaning Of this section and to have
been so in arrears from the date when said taxes
assessments and water-rates were assessed, levied
or confirmed, or attempted to be assessed levied
or confirmed the term 'water-rates in this act
shall be construed to include water rents
sioners shall keep record Of their proceedings
under this act, in which shall be entered their
determination as to the amount to be charged
and assessed upon and against each lot or tract
of land aforesaid, designating the same by block
and lot numbers on assessment maps to be made
for that purpose. and shall make reports, from
of their duties of the amounts so charged and
assessed, and shall file the same, with the said
map, IN the once OF the clerk OF the court by
which they were appointed said reports shall be
certified by the signature of at least two of the
said commissioners and upon the coming in and
filing of any such report signed by the said com.
be given as the said court shall direct of the time
and place of hearing any objection that may be
made TO the assessments, charges and liens so
fixed and certified by the commissioners, and
after hearing any matter that may be alleged
against the same the said court SHALL by rule or
order, either confirm the said report refer it to
sioners to be appointed by the said court, to re-
consider the subjeet-matter thereof and the said
commissioners to whom the said report may be so
referred, shall return the same corrected and
revised, or a new report to be made by them in
the premises. to the said court without unneces-
sary delay. and the same, on being so returned,
shall be confirmed or again referred by the said
court in the manner aforesaid, right and Justice
may require, and so, from time to time until q
report shall be made or returned in the premises
which the said court shall confirm any commits
sioney who shall refuse TO sign such report shall
file with the same statement of his reasons for
30 refusing, for the Information of the court; said
report, upon being so confirmed shall be final
and conclusive upon the said city, and upon all
persons owning or having any interest in or lien
upon the said lands, and against all persons
whomsoever, and the amount so fixed deter
mined, certified and confirmed in each case,
shall thereupon become and be valid and bind
ing tax, assessment and hen on the lands so des-
ignated in lieu and instead Of all outstanding
claims of the city for arrearages of taxes
ments or water-rates levied or confirmed, OF
attempted to be levied or confirmed, prior TO the
making Of the said report, and shall be valid
lien on said lands having priority over all other
liens, claims or demands whatsoever, except
taxes assessments or water-rates levied after the
making of the said report, and the proceeds
thereof, when collected, shall be applied to the
payment of the expenses of carrying out the pro-
visions of this act, and any Indebtedness to
which the original tax assessment or water-rates
was specifically pledged, and to the payment of
other debts Of the city, if any, but application
10 any other use shall be made while any bonds Of
the city remain unpaid 1t shall be competent
for the said commissioners TO include in any one
report their several determinations respecting as
many lots or tracts of land as may seem to them
convenient and it shall be their duty to indicate
in their report how much of the new lien imposed
by them on each lot or tract Of land was made on
account of taxes, assessments and water-rates,
derived from the sale of the lands as hereinafter
provided, may be applied in due proportion to
the purchase or payment of any bonds or obliga-
md