The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-07-25


or4easements feel aggrieyed by the decision ofthe
commissioners aforesaid, he, she. or they may
appeal TO the next circuit court in the county
wherein the said land, material or easement, or
right of passage, may be.
s. And be 1T enacted That every appeal from
the decision ofthe commissioners appointed under
the preceding section shall be in writing and in
the form of petition to said court and filed with
the clerk Of tie said circuit court of the county
wherein the land, easement or materials appraised
by said commissioners shall be. and notice in
writing of Euchzappeal shall be given to the oppo-
site party within ten days after the filing thereof
which proceeding shall vest in the circuit court
full right and power to hear and adjudge the
same, and to direct proper issue for the trial Of
said controversy TO be formed between the said
parties and to order jury to be struck and view
of premisesto be had, and the said issue to be
tired at the next term of said court to be holden
in the said county, upon the like notice and in
the same manner ag other issues in the said court
are tried; anditshall be the duty of the said jury
TO assess the value of the said land easement OF
night ef passage sor materials and damages sus-
tanned, and il they shall find greater sum than
the said commissioners shall have awarded in
favor of said owner or owners then Judgment
thereon, with costs, shall be entered against such
company, and execution awarded therefor; but
If the said jury shall he applied for by the owner
or owners and shall find d less sum than the said
company shall have offered or the said commits
sionerH shall have awarded, then costs shall be
paid by the said applicant or applicants and either
deducted ont of said sum found by the said jury
or execution awarded therefor, as the court shall
direct; Dub Sucn applleaTxOu Elal not prevent the
company from taking the said land or easement
upon fling the report aforesaid provided that in
no ease whatever shall any company under this
aet enter upon OF take possession Of any land Of
constructing such elevated railroad, or of making
any erection OF improvements whatever, or other
wise appropriating said lands or easements OF
right Of passage to the use Of any such company
mentioned in this act until they have paid to the
party parties entitled to receive the same the
amount assessed by the commissioners as the
M nn11fc 0r in,
case the report of the commissioners is not ap-
pealed from, 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 cSse there be no
appeal, and in case of appeal the amount found
by the jury, shall refuse, upon tender thereof
being made, to receive the same, OF shall be out
of the state or under any legal disability then the
payment OF the amount assessed or found as afore-
said into the circuit court of the county wherein
the said lands lie, shall be deemed valid and
legal payment; and ON such tender or payment
OF the money into court in case it be refused as
aforesaid or in case such company as mentioned
in this act shall appeal from the finding of said
commissioners, then the said company upon pay
ment OF the amount so assessed or found as afore-
said into said circuit court shall be empowered to
enter upon and take possession Of the said lands
and easements and proceed with the work of con-
Structing its road.
4. And be it enacted, that if such company shall,
within six months after the filing of the report of
said commissioners, in case there be no appeal
and within six months after the entry of the YER
dict on appeal give notice in writing to said owner
or owners that the said company has determined
not to proceed with the construction of such ele-
waited road then and in that case said company
shall be liable to pay the damages awarded as
Aforesaid to said owner or owners, but only such
costs expenses and reasonable counsel fees as such
owner or owners may have necessarily incurred
and expended in conducting said proceedings,
the same to be taxed by of the justices of the
supreme court on five days notice in writing to
the opposite party; and when such costs and ex-
penses are taxed as aforesaid, such taxation of
costs and expenses may be filed with the clerk of
the county In which such proceedings are had,
and rule for judgment thereon may be entered
in the minutes of the circuit court of such county,
on which execution may issue pursuant to the law
and practice of said court
8. And be 1t enacted, That [thisl act shall be
deemed public act and shall take effect imme-
diately.
Approved March 26, 1885,