The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-08-03
Gle srNDAY MORNING NEWs. August 8 sec.

hands and seals OF said commissioners or
any two of them, which report, together
with the petition and appointment, shall
WITHIN ten days. be filed in tile clerks
Office of the county in which said dam
ages may arise. to remain of record there
In; aud the payment or tender OF the
amount SO awarded shall vest in the said
person or persons so owning such water
mill and dam the right to raise and main
tnln The sad dam to the height proposed !;
and the said justice OF the supreme court
shall upon the application OF either
party, aud an unreasonable notice To the
other aad allow all costs, fees and ex-
penses as he shall think just, to be paid
By said person or persons proposing to
raise such dam: provided, always, that
either party may appeal from the decision
of the said commissioners to the next
circuit court in the county wherein such
damages would arise.
4. Aud be it enacted, That every appeal
from the decision of the commissioners
appointed under the preceding section
shall be made in writing and in form of n
petition to said court and filed with clerk
OF said cirsuit court. and notice in writ
ing OF such appeal shall he given to the
opposite party within ten days after the
ming thereof, W hich proceeding shall vest
IN the said circuit court full power to
hear and adjud0e the same, and to direct
proper issue for the trial Of said ccntro-
yersy 10 be formed between the said parties
and to order jury TO be struck and
view of the premises to be had,
and the said issue to be tried and
at the next term of said court
TO be holden in said county upon like
notices and in like manner as other
issues in tho said court are tried; and 1t
shall be the duty of the Jury TO determine
whether the said mill is of use and bene-
fit to the people of this state and that the
raising of said dam to the height pro-
posed is necessary for the effective work
ing of said mill for which said dam is de-
signed, and If they shall so determine
then they shall assess the damages to be
paid by the party SO raising or proposing
70 raise such dam; and the said court
shall render judgment upon the verdict
OF such jury. and if damages are assessed
shall render Judgment for such damages
with seventy-fiye per centum thereof to
be added thereto, and said court may
award costs TO either party at its discre-
ton; provided, however, If the Jury shall
be applied for by the owner of the land so
damaged or proposed to be damaged, and
shall assess a less sum than was awarded
by the commissioners, then the costs
shall be paid by the said applicant or APP
plicants, and either deducted out of the
sum awarded or execution issued there
for as the court may direct.
5. And be it enacted, That no person or
persons shall derive any right TO raise
said dam until he has paid or rendered to
the person or persons likely to be dam
aged thereby the amount of such adverse
award or Judgment.
0. And be il enacted, That the provis-
ions OF this act shall in no way affect any
mill of other persons on which mil
dam has been lawfully erected and used,
nor the right of any owner of such mill
or mill site, unless the right TO maintain
on such last mentioned site shall have
been lost or defeated by abandonment or
otherwise. neither shall they effect the
| right of any town, township. borough OF
city IN any highway or bridge which such
town, township or borough OF city
may by law be liable 70 keep in re-
pair, nor shall said provisions be apple
able to any navigable waters in this state,
nor In any way Interfere with any right
or privilege heretofore granted 10 any
person or corporations by any act of the
legislature of this state; this act shall not
take away the right of any person Injured
by the raising of said dam TO sue the
party raising said dam or maintaining it
thus raised for any damage suffered
thereby.
= And be it enacted. That this act shall
take effect Immediately.
Passed May r. 1880