Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1886-08-12
CHAPTER LvI.

erty upon suitable compensation to the
owner or owners thereof In incorporated
towns In this State.
l. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
where, in the act Of incorporation or any sup
/ plement thereto of any Incorporated town or
any municipality governed by commissions in
TINS State, no express provision is made for the
construction of sewers, drains, culverts and
other works for the proper drainage Of any
part OF such town upon or across private prop
erty, and no mode of procedure to effect the
condemnation of lands for such purposes and to
provide suitable compensation to the owners
thereof has been laid down, the board of com
misslonei's or other governing body OF such in
corporated town are hereby invested with full
powers to construct such sewers, drains,
pumps, docks, dams, tide-banls and such
other works as they shall deem necessary,
either upon or across any road or street in
such town and also upon or across any private
lands in such town, with full powers of con-
domination Of lands for that purpose, in which
latter case they shall award the owner or
owners of such lands just compensation there
for and shall add the amount of such eompen-
satlon to the cost of constructing such works;
before liking the compensation in any case
such board Of commissioners or other govern
ing body shall notify the owner or owners of
The lands sought to be taken for the purpose
aforesaid to appear before them, to the end
That such owner or owners may have full op-
POtpuAAOl " Do u5tlIu upon The question OF the
value OF such land; the award of compenSa-
tlon shall be final unless such board of COM
mlssloners or other governing body shall re-
consider the same and make a new award or
such owner or owners shall appeal within the
Tune provided in the act Incorporating such
town, or some supplement thereto, and such
award shall bear interest at the rate of six per
centum per annum from the date of, making
the same until paid
2. And be it enacted, That the expense of
such works shall be assessed upon land
specially benefited by such Improvement in
proportion to the benefit received thereby, as
nearly as such board of commissioners or 9th
er governing body can ascertain the same, and
the balance OF such expense, If any there be,
shall be provided for and paid out of the town
treasury as hereinafter provided; before such
assessment or benefits shall be made said board
OF commissioners or other governing body
shall give notice for two weeks successivelY.
In a newspaper published in such town. that
they viii meet at a certain time and place
mentioned in such notice to hear the views Of
all persons interested in the matters referred
to In such notice, at which time and place
such board of commissioners or other govern
ing body shall meet and give full and reason
able opportunity to all persons interested to
express their views, and may adjourn from
time to time, and shall thereupon proceed to
make just and equitable assessment of the
cost and expenses OF such works, including
damages for lands or other property taken,
upon the lands specially benefited by such
works In proportion to the benefits acquired
by such lands, not exceeding in any case the
special benefit SO received; within ten days
after making such assessment of benefits
notice shall be sent through the post-office to
each owner of lands so assessed las nearly1 in
each case as the name and address of
the owner can be ascertained1, stating the
amount assessed against such lands and that
such assessment will be open for inspection dur
4 k1.-
OF commissioners or other governing body
will then meet, at time and place in such
notice specified, TO hear objections and to re-
wise and correct and finally confirm such as
sessment; at which time and place such board
OF commissioners or other governing body
shall meet and give all parties appearing be-
lore them an opportunity to be heard, and
may adjourn from time to time and may re-
consider such assessment and may make any
alteration therein they shall deem just, and
thereupon they shall revise, correct and finally
confirm the said assessment and within ten
days thereafter shall file such assessment in
the office of the clerk Of the county, and shall
give notice of such filing by publication once
q week for four weeks in newspaper pub !
hshed IN such town; and such final determine
atlon OF such board OF commissioners or other |
governing body shall be final and conclusive, |
unless an appeal be taken as provided in the |
act Incorporating such town, or some supple
ment thereto
>. And be it enacted, That from and after |
the filing OF such assessment in the office of
the county, such assessment shall be and re-
main first ard paramount lien upon each |
lot of land or properly assessed for the amount
assessed thereupon, with interest thereon, and
all cost and fees thereon, until the same shall |
be paid and satisfied, Notwithstanding any de-
wise, descent or alienation of such land, or
any Judgment, mortgage, or incumbrance |
whatsoever thereon, and Notwithstanding any
mistake in the name or names Of the owner or
owners or any omission to name the owner or !
owners thereof, and any assessment in which |
such mistake or omission occurs shall never !
sheless be a valid and effectual lien as afore- |
said upon the lands assessed; and If such as |
sessInent, with interest, be not paid within one
year from the time when the same is payable, |
then the land upon which such assessment is a |
lien shall be sold to pay the same, with interest
thereon at the rate Of one per centum per
month from the time when the same was made
payable, together with all fees, charges and
expenses of collection and sale, in the same
manner as land is authorized to be sold for
unpaid taxes in said town.
4. And be it enacted, That in case the cost
OF constructing such sewer or sewers and the
erection and construction of such other works |
as are deemed necessary for the purposes
aforesaid shall exceed the benefits to lands
specially benefited thereby such excess of cost
and expenses shall be raised by general taxa
ton IN such town, to be assessed, levied and
NSAANOoN<t
for town puposes are assessed, levied and col
lected.
5. And be it enacted, That the board of
commissioners or other governing body shall
have power to issue certificates of indebted
ness, or improvement certificates, to the con-
tractors for work done, to be paid out Of
moneys raised for the purposes specified in
this act
s. And be it enacted, That the notice men
TONED in the first section of this act shall be
served upon such owner or owners, either
personally upon some member of the family
above the age of fourteen, if such owner or
owners shall be resident of the county wherein
such town is situate, and shall be served at
least ten days before the day of meeting, and
if not a resident of the county then such
notice shall be mailed to the post-office ad-
dress of such owner or owners, as nearly as
such board Of commissioners or other govern
ing body can ascertain the same, at least ten
days before such day of meeting
q And be it enacted, That this act shall
take effect immediately