The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-07-20

seem fast; and the said commissioners TO
wl1out the said report may be so referred,
shall feturu the same corrected aud re-
visedlor make new report, and the same
on being so returned shall be confrrlled
or ag4tn referred, or may be modified or
altered by said court as aforesaid, and so
from Glue to time, until report shall be
made or returned. which the said court
shall, with or without alteration, confirm;
and such report when so confirmed shall
be fiual and conclusive rs well upon the
said city as upon the owner of any land
affected thereby, except as herein pro-
viffed, and the said court shall cause a
certified copy of said report to be trans
mifted to the city clerk with certified
copy of the rule of said court confirming
the same.
IA. And be it enacted, That said report
or a certified copy thereof shall be plenary
evidence OF the right of said city aud its
agents to enter upon, take and use the
said land ana real estate, with the appur-
tenances, the said common council first
rendering to the owner or owners thereof
il resident in the county in which said city
may lie, the amount so awarded; and il
any owner be not aresident of said county
or upon dueinQuiry cannot be found there
IN, or IL unknown or is lQuatic or idiot
OF under age, or is for any other cause In
capacitated 70 receive the amount award
ed, or will not receive the same and sign
d proper receipt therefor when rendered,
or in case dispute arise (of which the
common council shall be duly notihedl as
to the persons entitled to receive the
money, or as TO the proportions in which
they snail be SO entitled TO receive it. then
affidavit shall be made of the facts and
filed In the Office OF the county clerk, and
the amount awarded to any such owner
shall be deposited III said circuit court be-
fore said city shall have the right to take
and use the said lands and real estate; in
case of such dispute as aforesaid, the
matter may be determined by said circuit
court in such mode, summary or other
wise, as it may deem proper, or in case of
any want Of jurisdiction in said circuit
court, by the proper tribunal.
IS. And be it enabted, That any person
aggrieved by any assessment of damages
may appeal to the supreme court of this
state at any time within sixty days after
The confirmation of the commissioners
report by the circuit court. and said
supreme court shall thereupon order
trial by jury to assess suth damages
anew, and the trial shall be conducted as
in other cases of trial by jury, and set aside
or reviewed IN like manner; provided, that
the completion of said imp rovement shall
not be delayed thereby, an d the common
council may proceed there with as though
said appeal had not been tax en-.
10. And be enacted That
upon the completion of the work, or of a
definite part thereof, the common council
shall, by resolution, ascertain the whole
amount of the costs, damages and ex-
penses of making and constructing drains
and sewers, or q system of sewerage or
drainage, or any part of such system, so
far as completed, and they shall, without
delay, apply to the circuit court for the mp
pointment of three disinterested commits
sioners to make a just and equitable assess
Inent thereof upon all the owners of lands
and real estate fronting on the improve
ments which are peculiarly benefited
thereby. in proportion as nearly as may
be to the advantage each shall be deemed
to acquire; the said application shall be
on the same notice as is prescribed in
section twelve hereof for the appointment
of commissioners to assess damages, and
the court shall have the same power with
respect to their appointment and to the
filling of vacancies as is conferred by that
section; that said commissioners sh all
give notice which commissioners to assess
damages are required to give by that sec
tioD, and they snail have the samepowers
to examine witnesses and to view the
premises as is thereby conferred.
II. And be it enacted, That said COM
ntssioners, after having taken the oath
mentioned in section nineteen hereof,
shall at once proceed to perform the
duties hereby conferred upon them, and
they shall, within sixty days, unless the
court shall, before or after It's expiration,
extend the time, make a just and equit-
able assessment of the costs, damages
aud expenses. ascertained by said COM
mon council as aforesaid, upon the own
ers OF lands and real estate fronting on
the Improvements which are paculi-
arly benefited thereby in proper
ton, as nearly as may be,
to the advantage each shall be
deemed to acquire; IN case the said costs
damages and expenses shall exceed the
an fat faf eoid fe fhat,
shall be assessed upon and paid by the
city, and no benefits shall be assessed in
respect of the cost OF any improvement or
work in SO lar rs such improvement or
work extends beyond the line of the
whole property assessed, but the cost
thereof shall be assessed upon and paid
by the city.
10. And be it enacted, That said COM
missf0ners shall make o report. In writ
ing, of their assessment, signed by them
or any two OF them, to said circuit court
and the proceedings upon the coming in
of such report shall be in all respects
similar to those prescribed in section
thirteen hereof; and the court shall have
the same power TO confirm, alter and re
fer such report as is given by that section
and shall proceed IN all respects accord
ing TO the provisions thereof, in far as the
same are applicabie; the report, when
confirmed. shall be final and conclusive,
OoJh upon tne CITY ana upon Cne owner OF
any land affected thereby.
10. And be it enacted, That the com
missfoners appointed to assess damages
and those appointed 60 assess benefits, be-
fore they enter upon the execution of
their duties, shall severally take and sub
scribe an oath or affirmation before the
mayor of the city or any master in chan
Gerry to make the assessment fairly and
impartially according to the best of their
S kill and Judgment.
20. And be 1t enacted, That the court
shall settle and determine the compensa-
ton to be paid to said commissioners,
and the costs aud expenses of the applica-
ton, report and proceedings, all of which
shall be paid by said city.
81. Ana be it enacted, That no mistake
in naming or omiting to name the
owner of lands or real estate in any re-
port, map or proceeding, or in designat-
ing the quantity Of his interest or the
nature of his estate or any misrecitaIs,
shall in anywise invalidate any assess
ments or sales made under this act.
y. And be it enacted. That in case
there shall be in any city board of as
sessments" or commissioners of assess
ments" appointed by the common coun-
Gil, and entrusted with the duty of assess
ing damages and benefits generally IN re-
spect of sucn local Improvements as may
be authorized by the charter OF such city.
it shall be lawful for said council to refer
all assessments of damages and benefits
authorized by this act to such board or
commissioners, who shall make said as
SeSsmentS in the manner and according