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

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Sabbath uay commonly called Sunday,
subject to any police regulation the police
authorities may deem necessary for the
preservation of the public peace.
l. And be 1t enacted, That every person
VINO shall willfuIly violate any of the
provisions or this act shall be deemed
guilty of misdemeanor, aud on convic-
zion thereof shall suffer penalty not ex-
ceeding fifty dollars or imprisonment not
exceeding thirty days, or both, at the dis
creton of the court.
5. And be lit enacted, That this act shall
take effect Immediately.
Approved May u, 1890.
CHAPTER CLXXXIX.
An Act to empower cities to acquire land
for public parks by condemnation.
/. BE 1T enacted by the Senate and Gen
eral Assembly of the State of New Jersey,
That when the council, or other governing
body of any city of this state shall deem
it proper to acquire certain land for pub
lie park in such city. and the said city or
its agents cannot agree with the owner or
owners and tenant or tenants, or other
legal occupant OF occupants of such land.
as to the price and terms of the purchase
thereof or when, by the legal incapacity
or absence of such owner or owners, and
tenant or tenants, or other legal occupant
or occupants, no agreement can be made
for the purchase thereof, a description in
writing OF the land so desired, with the
name or names of the owner or owners
and tenant or tenants, or other legal
occupant or occupants, ii known, and
their residences, if the same can be ascer-
tanned by the said city or its agents, shall
be presented to one of the justices of the
supreme court of this state, who there
upon shall cause such city to give notice
thereof to the persons interested as own
ers, tenants or other legal occupants, If
known and in this state, or il unknown
or cannot be found, or If out Of this state.
to make publication thereof as he shall di-
rect, for any term not less than ten days,
ana to assign particular time and place
for the appointment Of commissioners, as
hereinafter provided: at which time, upon
satisfactory evidence to him of the SER
vice or publication of such notice.
shall appoint, under his hand, three i'm
partial and Judicious freehOlders, resi-
dents in such city, to examine and ap-
praise the said land and to assess the
fair market value thereof. upon such no
tice to be given to the persons interested
as owners, tenants or other legal occu-
pants as shall be directed by the justice
making such appointment, not less than
ten days; and it shall be the duty of the
said commissioners (having first taken
and subscribed an oath or affirmation,
before some person duly authorized TO
administer the same, faithfully and inn
partially to examine the matter
in question and to make a true report
and appraisement as aforesaid, in writ
ing, according to the best of their skill
and understanding to meet at the time
and place appointed, and to proceed to
view and examine the said land and to
make a just and equitable estimate and
appraisement of the fair market value of
the same as aforesaid, to be paid by the
city; which report shall be made under
the hands of the said commissioners, or of
any two of them, aud within fl
teen days thereafter, together with
the description of the land and the
appointment and oaths or affirmations
aforesaid, shall be filed in the clerks
Office of the county within which
such city anti lane are situated, to remain
of record therein; aud thereupon. and on
payment, or tender of payment, of the
amount of the estimate or apprafsemenr
so made by the said commissioners of the
value of the said land to the party or
parties entitled thereto. as owners, ten
ants or other legal occupants, the said
city is hereby empowered TO enter upon
and take possession of the said land, and
all title thereto shall, upon such payment
or tender, pass from the said owners.
tenants or other legal occupants to the
said city, which shall thereafter hold The
land by the same right and title which
the said owners, tenants or other legal
occupants held it; and in case of a dis
pute between any owner or tenants or
other legal occupants as to their respec-
tive rights or shares in and to the sum so
assessed or ascertained under this act,
then the said city is hereby authorized TO
pay the sum assessed for the said land TO
the clerk of the county in which city IS
situated, to be paid out and distributed
between or among the parties entitled
to the same by the order OF the circuit
cout of said county upon the ap-
plication of any one or more of them
on due notice to the others; and
the said Justice shall, upon the applica
ton of either party, or on reasonable no
tice to the others, tax and allow such
costs, fees and expenses TO the commits
sioners and other persons performing any
legal duty IN the premises as he shall
think equitable and right. which shall be
paid by The said city, and if any or all of
the said owners, tenants or other legal
occupants shall be absent from this state
or under any legal incapacity that dis
qualities them from receiving legal pay
ment of the money awarded MIN, her or
them, then it shall be the duty of the city
TO pay the amount awarded TO such per-
son or persons to the clerk of the county
in which such city and lands are stu
ated;- and it shall be the duty of the said
clerk to receive the same, to be paid to
the parties entitled thereto by the order
of the judge of the circuit court of the
said county, upon his. her or their appli-
cation for the same, and every and ali of
such payments to the clerk, as to the city,
shall be equivalent 20 payment TO the par
ties entitled thereto, and shall operate to
transfer the title to said lands to said city
as if made TO the said parties; provided
always that should the city or the owner
or owners, tenant or tenants, or other
legal occupant or occupants of the land
feel aggrieved By the report and award Of
the said commissioners, he, she or they
may appeal from the said appraisement
and award in respect to his, ner or their
interest therein TO the next circuit court
in the county wherein the said city and
lands are situated.
g. And be enacted, That every appeal
from the appraisement and award OF the
of a petition to the said court. and notice
thereof shall be given to the other par
ties, within fifteen days after the filing of
the commissioners report and award.
which proceeding shall vest in the circuit
court full authority, power and jurisdic-
ton to hear and determine the question
of the fair market value of the land, and
thereupon the said court shall direct Il
proper issue to be framed between the
pa rites for the trial of the said question,
and order jury of twelve men to be
struck for the trial of the same and a
view of the premises to be had by them;
and the said issue shall be tried upon the
like notice aud in the same manner as
other issues OF fact In said court are
tried; and it shall be the duty of the said
jury TO assess the fair market value of
the land in question; ana the party or
parties appealing shall recover costs if