The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-08-03

road, highway or alley or to make any
sewer or drain in any pnrs OF
such city and 10 take and appro-
pirate for sncn purpose any lands and
real estate, the said board Of assessment
Of taxes shallrnake an assessment Of the
damages that any such owner or owners
viii sustain by the taking and appropri-
ating in the manner aforesaid sncn lands
and real estate, and in estimating and as
sesslng such damages the said board
shall have due regard both to The value
OF the lands and real estate. and TO the
injury to the owner or owners thereof by
making such improvement rs aforesaid,
and after such award shall be made the
remaining lands and real estate OF any
such owner or owners shall be liable 10
assessment for the payment thereof, to be
levied and imposed in the manner herein
after provided.
4. And he it enacted, That the said
board shall have power to issue writs OF
subpoena al testincundum to and to ex-
anime witnesses under oath to be admin
istered by any one of them, to enter
upon and view the premises if they shall
deem it necessary, and TO adjourn from
time to time, and shall make just and
true estimate and assessment us
aforesaid, and sign report of such
estimate and assessment and deposit
the same in the Office of the city
clerk for examination by all parties in
give ten days notice by publication in Mt
least two newspapers printed and pub
Hshed or circulating In such city that
such report has been deposited as afore-
said, and also Of the time and place when
and where the parties interested can be
heard by the said board, and after hear
ing the parties the said board shah pro
coed and complete the report, and sign
the same and file the said report, with al
objections in writing. which shall be pre-
sented to and left with them by any of
the parties interested, in the Office of the
city clerk Of such city; and upon the i'll
ing Of such report. signed by the men,
hers of said board, and majority of
them, application snail be made
to the circuit court of the county
in which such city is located for
confirmation OF such report. and
the said court shall direct time and
place Of hearing any objections thar may
be made to the assessments SO fixed and
certified by the said board, and after hear
ing any matter that may DO alleged
against the same the said court shall by
rule or order either confirm tine said re-
port or refer it to the same board to re-
consider the subject-marter thereof. and
the said board 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 unnecessary delay.
be confirmed or again referred by the
said court in the manner aforesaid rs
right and justice may require, and SO
from time TO time until a report
shall be made or returned in the
premises which said court shall con-
firm; any member of such board who
shall refuse to sign such report shall file
with the same Il statement of his reasons
for SO refusing, for the information OF the
court; said report upon being so con-
flrmed, shall be final and conclusive upon
the said city, and upon all persons own
ing or having any interest in or lien upon
the said lands. and against all persons
whomsoever.
s. And be it enacted, That in order to
provide for the payment of the costs,
damages and expenses of executing any
of the Improvements herein mentioned,
or in the laying of sewers or drains or
| grading, gavehng, paving, tagging,
otherwise improving and regulating any
street or section of u street in said city,
the city council or other governing board
thereof shall ascertain the Whole amount
of costs, damages and expenses thereof,
and the said board shall cause 20 be made
a just and equitable assessment thereof
upon the owners of of the lands and re III
estate benefited thereby, In pro
| portion, as nearly as maybe, TO the ad-
vantage each shafi be deemeI TO acquire;
/ provided, that NJ owner or owners shall
be assessed beyond the benefits received
by his or their LANDS and real estate, aud
in cases where such cost, damages ana
expenses exceed the benefits, the excess
shall be paid out of the city treasury; and
the said board shall make report in
writing of the assessment so made. and
the excess, If any. of the costs over bene-
fits To be paid ont of the city TREASURY;
and before proceeding to sign said report
shall deposit the same in the Office of the
city clerk of such city for examination,
and shall give the same public notice and
proceed 20 the confirmation thereof in
the same manner as hereinbefore pro-
vided for the assessment Of damages
6. And be 1t enacted, That such award
| of damages and assessments of benefits
| shall be paid and collected In the same
manner as is now provided by Law for the
paying and collecting Of any awards or
assessments iE such city
Z. And be it enacted, That this act shall
be deemed a public act, aud shall take
effect Immediately.
Passed May II, 1890.