The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-07-06

and may be lawful for said city TO acquire
1 the said land, water rights or property.
In fee simple or any lesser estate or right
/ therein.
.. And be it enacted, That whenever,
I In the Judgment of the common council
board Of aldermen or other governing
| body OF any city, additional water facili-
ties are or may be desired for public uses,
it shall and may be lawful for such coun-
ell, or other governing body, to authorize
the chief engineer OF the water depart
ment of said city, or other person OF per-
sons appointed by said council, board OF
aldermen or other governing body, To
/ treat with the owners of such lands ana
water rights as may be required 10 be
used for water purposes; and in case 1t
should, in any case, be found that suit
able property cannot be purchased by
agreement with the owner or owners, or
| in case the price demanded by such owner
or owners is, in the Judgment of the COM
mon council or other governing body, in
any case, exorbitant and more than fair
equivalent therefor, then the said chief
engineer or other person or persons ap-
pointed by said council, board of alder
men or other governing power, shall re-
port the same, with description Of the
said lands, to the common council or other
governing body, and the said council or
other governing body may order and dl-
rect the condemnation thereof.
8. And be it enacted, That if the said
common council or other governing body,
shall, in any case. direct the condemna-
ton Of any landsor water rights, as pro-
vided for 10 the preceding section, it shall
be the duty of the city council. forthwith
to apply TO one of the justices of the SUI
preme court of this state for the appoint
ment of three commissioners to make an
appraisement of the value OF the lands or
water rights so TO be condemned for the
purpose aforesaid. and of the damage
which any owner or owners of such lands
or water rights may suffer by reason of
the taking thereof; provided, that at least
four days previous notice shah be given
by service, either personally OF by leaving
the said notice at the dWelling-house or
usual place of abode of such owner or
owners, or in case of absence from the
state, or legal disability of such owner or
owners, such notice shall be published in
two or more newspapers. publis he'd and
circulating near the lands or water rights
in question, for two weeks
A And be it enacted, That the said COM
missioners appointed by the said justice,
having taken an oath faithfully and i'm
partially to execute the duties of their Of
flee, shall forthwith proceed to estimate
and determine the fair value of the lands
and real estate or water rights to be taken
and condemned as aforesaid, and of the
damage which the owner or owners
thereof, first having given at least ten
days notice in writing to the said owner
or owners, either personally or by leaving
the same at his or her place of abode, OF
the time and place when and where they
may be heard In relation TO the matter;
in case any owner shall be an infant, mar
ried woman, non-compoS mentiS, or alb
sent from the city or place where such
condemnation proceedings are taken, or
be from any cause incapacitated to act in
this behalf, then notice of the time and
place and object of said meeting shall be
advertised or other notice given as The
said justice may direct, and said meeting
or meetings may be adjourned from time
to time, at the discretion of said commits
sioners; as soon as they shall have deter
mined npon said valuation, they shall
make and sign certificate thereof and
file the same IN the office of the city clerk
OF such city or such other place as the
said justice may direct; and Immediately
upon the payment to said owner or owners
OF the amount of the said valuation, or in
case he or they will not or cannot receive
the same upon depositof the same in such
bank or institution as the said justice
may direci. tile to and the right of
possession eh property or water
rights sigi sIiately become vested
III such cily .ftcs; and any owner con
ceiving himself or herself aggrieved by
the proceedings of said commissioners,
may appeal therefrom to the supreme
court of this state at any time within
sixty days after the fling of tine said GER
tificate, and the said court snail there
upon order u trial by jury to assess the
value of the said property and the said
damages, which trial shall be conducted
in all respects as in other cases of trial by
jury, and the final Judgment OF the said
court upon the verdict rendered therein,
shall be conclusive upon all parties as to
the said valuation and damages, and the
amount already paid or deposited as
aforesaid shall be increased or diminished
accordingly.
5. And be it enacted, That the commits
sioners so TO be appointed by the said JUS
tice of the supreme court shall receive
such compensation for their services US
the said justice shall order and direct,
and the same shall be paid, as well as ali
other expenses incident to the condema-
tion proceedings. from the funds pro-
vided, as herein directed, for the purchase
of lands and water rents, aud the erection
of buildings and the laying of water
pipes.
6. And be it enacted, That the said
common council, board of aldermen or
other governing body be and are hereby
authorized. for the purpose of improving
aud extending such water supply and
the purchase and acquisition of land and
water rights therefor. and the construc-
tion of buildings and reservoirs thereon.
and the laying Of pipes in and along the
streets or such city, TO issue bonds in the
name and under the seal of the city, to be
denominated on their face water bonds, y
in addition to any heretofore authorized
by law, to any amount not exceeding one
million dollars; such bonds Elay be rags
tered or coupon bonds and shall bear
rate of interest not exceeding five per
centum, and shall be redeemable at any
time not less than five nor more than
thirty years from their date, IN the dis
erection of said board, which bonds may
be sold at public or private sale for the
best price they can obtain for the same,
but not under the par value thereof; ali
bonds issued as aforesaid shall be signed
by the city treasurer aud countersigned by
the mayor of such city, and all the real
estate within such city shall be liable for
the payment of the principal and interest
that may become due on the bonds to be
issued by virtue of this act
z. And be it enacted, That such city be
and is hereby authorized to contract with
authorities OF any other municipality for
furnishing water to the citizens and the
extinguishment of fires.
s. And be it enacted, That any such
city shall by ordinance create, establish
maintain aud regulate sinking fund for
the redemption of the bonds created by
this act, and define the powers and duties
of the board or committee in charge
thereof. to which shall be added annually
not less than five per centum of the gross
receipts from the water works OF said
city.
Q. Aud be it enacted. That the board of