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

ers 10 examine and appraise the value of the land
and real estate 70 be taken for the laying out and
TO the owner owners thereof by taking the same,
upon such notice to be given to the persons In
terested. as shall be directed by the justice
making said appointment, either personally, by
publication or otherwise and 1t shall be the duty
OF the said commissioners fhaving first taken and
subscribed an oath or affirmation before the said
Justice, faithfully and impartially to discharge
the duties of their appointment, which oaths or
afirmations shall be filed with the clerk of said
board Of chosen freeholders) to meet at the time
and place appointed, and proceed to view and
examine the said lands and real estate to be taken
for the laying out and opening of said road, hear
the statements of parties interested, and from
time to time adjourn the said examination and
hearing If in their judgment such action shall be
necessary, and 10 make a just and equitable esti-
mate or appraisement of the value Of the lands
and real estate, and the value of the interest of
each owner of the land and real estate to be taken
Gndt the damage to be done TO each owner by tax
ing the same, considering in such appraisal the
condition in which each owners parcel VIII be left
after taking so much thereof as will be necessary
for said opening; and when the estates in any of
said lands and real estate are not known they
shall appraise the value and damages TO be done
to the feesinaple (which amounts shall be paid by
the board of chosen freeholders as hereinafter di
Tected), and separate appratsements made for
each separate tract and said commissioners shall
within three months from thesdate of their APP
pointment, make their report in writing. under
their hands and seals, or any two of them, and
shall file the same within ten days thereafter in
the clerks office of such county, and remain of
record therein, together with their appointment
and proof of notice aforesaid, as directed by the
Justice aforesaid a copy of which certified by the
clerk of the county, under his seal of office, shall
be filed with the clerk of the board of chosen
heeholders, and by him presented to the board at
its next meeting and filed of record in his Office;
and thereupen, and on payment or tender OF pay
ment of the amount awarded, as hereinafter pro-
vided, the said board of chosen freeholders is
hereby empowered TO enter upon and take pos
session OF the lands and real estate for the use of
port, or copy thereof, certified by the clerk of
such county, and proof of payment or tender of
the amount awarded, shall at all times be con-
strued as plenaiy evidence of the right of such
board of chosen freeholdefs 10 have, hold use,
occupy, possess and enjoy the said lands and real
estate for the Uses of said county and the said
cation of eitherparty. and upon reasonable notice
TO the other, tax and allowssuch costs, fees and
expenses to the commissioners or others perform
Ing any OF the duties prescribed in this section of
the act, as he shall think equitable and right,
which shall be paid by the county collector upon
certificate of such justice provided, that should
any such board of chosen freeholders of any
county, acting under the provisions of this act,
the owner or owners of any lands, feel aggrieved
by the decision of the commissioners aforesaid
he she or they may appeal to the circuit court Of
such county at any time within sixty days after
filing of the said report by the said commissioners
z. And be 1t enacted, That every appeal from
tile decision OF the commissioners appointed
under the preceding section shall be made in
writing and in the form of a petition to said
court and filed with the clerk of said circuit court
of such county; and notice in writing of such
appeal shall be given to the opposite party within
ten days after the filing thereof which proceed
ings 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 10 be struck and view of the premises to be
had and the said issue to be tried at such time as
said court shall order upon the like notice and in
the same manner as other issues in the said court
are tried and it shall be the duty of the said jury
to assess the value of the said land and damages
sustained, and if they shall find greater sum
than the said commissioners shall have awarded
IN favor of the said owner or owners then judg-
ment thereon with costs shall be entered against
the said board of chosen freeholders and execu-
ton awarded therefor; but If the said jury shall
be applied for by the owner or owners and shall
find less sum than the said commissioners shall
have awarded then said costs shall be paid by
said applicant or applicants and either deducted
out of said sum found by the said Jury or execution
awarded therefor. as the said court shall direct:
but such application shall not prevent the said
board of chosen freeholders from taking the said
land upon fling of the aforesaid report aforesaid
provided, that in no case whatever shall said
board of chosen freeholders enter upon take pos
session of any land of any person or persons until
they have paid tendered,to the party or parties
entitled to receive the same the amount assessed
by the commissioners as the value of such lands
and damages; but in no case shall the proceed
ings of appeal stay the entry upon and possession
by such boards of the lands and real estate SO as
aforesaid taken and appraised for the laying out
and opening Of said road; and provided, also,
that if any party entitled to the payment of the
amounts so as aforesaid assessed shall refuse to
receive the same, be out of the state under any
legal disability, then the amount assessed or found
as aforesaid shall be paid to and kept on deposit
by the county collector of such county, for the
of the party parties entitled to receive the
same; and further, that the party or parties ent-
tied to receive the amount assessed by the COM
missioners may, upon tender being made, receive
the same without being barred thereby from his
Or her appeal from the report Of the commits
Sioners and provided further that in case any
money paid to or deposited as aforesaid with the
county collector shall belong to any infant in
sane person or idiot said money shall be paid
over by said county collector to any guardian ap-
pointed to take charge of such infants, insane
person 8 or idiots estate when 1t shall appear TO
the said circuit court that such guardian has filed
with the court or surrogate appointing such guar
dian, or the money may by said court be ordered
to be invested by the county collector for the
benefit Of such infant insane ms person or idiot
have mortgage, lease, life estate or any other
estate less than fee in any lands taken said estate
shall be appraised by the commissioners, or in
case of appeal, by the jury, and deducted and
paid out of the amount assessed or awarded for
the whole fee.
8. And be it enacted, That in order to raise
money to pay the award of the commissioners or
assessments of damages by jury in case of an
appeal for the lands and real estate taken by this
act, 1t shall be lawful for any such boards of
chosen freeholders to cause by resolution, the
bonds of such county, in the name of such board
of chosen freeholders, to be issued for the same,
in such sums as such board may deem proper,
and that money realized from such bonds shall
be paid to the county collector. to be by bin ap-
piled to the payment of said awards and damages
as directed by resolution Of such board that the
bonds authorized to be issued by this section of
this act may be either coupon OF registered bonds
as the board Of chosen ffeehOlders may deter
mine, and the same shall be made payable both
principal and interest at the Office of the county
collector of such county and said bonds shall be
sold by the board Of chosen ffeeholders of such
county, upon the orders and resolutions thereof
either upon bids for the same duly advertised for
OF otherwise provided, that said bonds shall in
no case be sold at less than par; the director of
such board and the county collector of such
county shall sign said bonds, and the same shall
be sealed with the seal of the county, and the
county collector shall number and register the
same, and registered bonds shall be exchanged for
coupon bonds and coupon bonds exchanged for
registered bonds at the request of the holder
thereof; provided, that the board of chosen free
holders by resolution, shall consent to such
change; and said bonds shall bear such interest
Is such board shall determine, not exceeding five