The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-07-27


be deposited in said circuit court before
said board or township COMMITTEES or
other governing body OF sach township
shall havethe right to take and nse the
sad lands and real estate; the court shall
settle and determine the compensation
to be paid 20 the said commissioners, and
the costs and expenses Of the application
and report, which shall be paid by the
board Of township committee or other
governing body Of such township, in
behalf of which Lie application has been
made.
$. And be it enacted, That the costs,
damages and expenses Incurred for max
ing any Improvement or performing any
work under md ljy virtue Of the pro-
visions of this Rcs shall be assessed upon
tho loads and real estate specially bene-
flied in proportion to the benefits re.
ceived thereby. bus not exceeding the
smotsnt OF such benefits: when such work
is completed the said board of township
com nljttee or ether governing body Of
such toy nship shah apply to the circuit
court of the county III which such town
ship is situate, and on application IN
writing made By or on behalf of said
board Of township committee or ether
governing body, and after notice of the
time aad place of making such applica-
tion, published at least ten days pre-
yiously thereto IN some newspaper circu-
lating in the said county, the circuit
SSuhe e.5hiA apPokut tlltee U1SlDleEtSte0
commissioners, who shall make
an estimate and assessment Of
the benefits thfat any lands
and real estate viii specially receive by
the making such improvements or public
works; if any of said commissioners die
or refuse TO Gcr the said court shall inn
inetiiaJely make appointment of proper
person to fill ahy Vacancy SO created; the
said commissioners shall be sworn to
make a just and Impartial estimate and
assessment. ard they shall assess upon
the several lots or parcels OF laId BENG
flied By such improvement sum ia pro-
portion to the benefit received BIZ each Of
said lots and parcels of land, and no lot
or parcel snal. be assessed more than it is
benefited, except that where any sewers
may be constructed under the provisions
OF this act forming trunk line into
which lateral sewers may discharge, and
through which the surface drainage and
sewage OF district may be carried to
tide water or other receptacle, 1t shall
and may be lawful in assessing the bene-
Its which have been or may be
conferred upon property by the
construction Of such trunk line of
sewers for the commissioners appointed
TO assess such benefits, to assess the same
as follOxss-such assessments may be
made upon all the property benefited and
to be benefited within the entire drainage
district, and where Il direct tapping bene-
fit is or may be secured, either by con-
Meeting with the trunk line or lateral
sewers already constructed, the assess
ments when fully oDfirned shall be col
lectable at once, aud where the benefit is
prospective and depends upon the con-
stYuetion of lateral and connecting sew
ers not yet Dnilt. ia every SUCH case the
assessments made upon such property
shall constitute a first Lien thereon at aud
from the time when the lateral sewer Is
.e4sk1-
sessed with such trunk line, and shall be
collectable at the same time the benefits
assessed thereon for the construction
of such connecting lateral sewer is or
may be by law collectabIe,
the time the assessment for benefits made
upon property along the line Of such
lateral sewers for the construction there
of may draw interest and at the same
rate; and they shah present without de-
lay TO the said court a report in writing
OF said estimate and assessments. which
shall be sufficient If signed by a majority
Of said commissioners; the circuit court
shall direct notice TO be given by adver
t1sement IN some newspaper circulating
in said county Tor at least ten, days Of the
time and place at which said court shall
proceed 10 consider said report and any
objection that may be made thereto, and
Shall have power to consider said report
and the objections thereto in a summary
way, and to revise and to confirm said re-
port with CT without alteration; said re-
port. when confirmed by the court or a
copy thereof duly certified by the county
clerk, shall be plenary evidence of said
assessment and OF the amount thereof
upon each and every los and parcel of
land embraced therein; IL the total cost
and expense of such Improvement exceed
the aggregate amount of accessible bene-
fits, then only SO much of said cost and
expense as equals the aggregate amount
of such benefits shall be so assessed, and
and the remainder of such costs and ex-
penses shall be borne and paid by the
township at large: the court shall settle
amt determine the compensation 20 be
paid TO the commissioners, aud the costs
and expenses OF the application and re-
port which shall be paid by the board of
township committee or other governing
body of the township, in behalf of which
the application has been made.
o. And be IL enacted, That the said as
easements for benefits shall be a lien
upon the lots and parcels OF land respects
lively assessed from the date of the confir-
nation OF the report thereof, except the
assessments for prospective benefits,
which shall only become a lien as herein
above provided; that it shall be the duty
of the board OF township committee or
other governing botly of such township
in which such improvements shall have
Deen made, TO cause copy OF the report
of the commissioners making such assess
menE. duly certified by tine clerk of the
county in which said township is situnr-
cd to be prepared aud delivered to the
township collector Of such township, who
shall enter the same in a book 10 be kept
in his Office for that purpose; and said
collector shall give notice tor four weeks
in some newspaper circulating in said
township that stafa rcpert has been dely-
cred to him and requiring payment OF the
several sums assessed against any owners
of lands and real estate for such inn
proyemen5 within thirty days from and
after the confirmation of said report by
the circuit court of said county; and, in
case said assessment shall remain unpaid
at the expiration of thirty cays from and
after the first publication of said notice
the sind assessment shall draw interest
tnereupon, from and alter that time, at
rate of one per ceucum per month, except
the assessments for prospective benefits,
which shall draw interest only as in the
manner hercinbafore provided; and the
said board OF township committee or
other governing body Of such township,
shall have the same remedies and rights
To enforce the payment of said assess
ments MS they have to enforce the collec-
tion OF taxes il such township and by
like proceedings.
10 And be il enacted, That in order to
meet the expenses for the improvement IS
and pubic works, and of the proceedings
in relation thereto, as mentioned in this
act, the board of township committee or
other governing body Of such township,
may borrow tha money necessary there