The Penn's Grove record., 1891-05-15

hnu piHrc. OF al tucn otnft ume ana place ht IN
said judge shall designate, said judge shall, with
out unnecessary delay. appoint three commission
ers. who shall not be freeholders or residents O
such village, 10 estimate and assess the said bene
htsI She said judge shall have power to remove an,
commissioner and appoint smother In his place
and also TO all any vacancy that may occur In tn
ONCE OF any commissioner from any cause; tn
said commissioners. before entering upon the ex
ecution of the duties required Of them by this sc
shall take and subscribe. before some person dul
authorized 10 administer the same, an oath or AMI
nation that they will make all estimates and asses.
nents required OF them fairly, legally and equii
ably, according to the best Of their ekili and under
standing. which oath and Affirmation shall b
attached TO the report that they are hereinafter re
81. And be il enacted. That the said commission
ers having thus qualified shall give notice, unde
place when and where they viii hear any person d
interest who may present themselves to be heard
and at such time and place. and at such other time
p pose, The said eommissIo %as sSsHIu attend and s Ial
give public hearing to those persons In int res
who may desire to be heard; the said commission
crs shall have power TO- examine witnesses unde
oath. TO be administered by any one Of them. an,
to enter upon and view the premises that they ma,
deem necessary. and to adjourn from time to tim
In their discretion. or as directed by the judge o
said court; they shall use diligent effort to ascer
tain the names OF the owners of the lands and rea
estate benefited by the construction of such sewe
or drain as Aforesaid, and shall srste the same in tn,
report hereir after mentioned, but the failure u
ascertain the name Of any such owner or to state TIL
same correctly, or the omission OF any such nam,
from the enid report shnli not be deemed to invali
date the said assessment. nor to be a bar to the col
SIS. And be ii enacted. That after having giver
opportunity as aforesaid for a public hearing Of thu
persons In interest. and having viewed the premise
likely. in their judgment, to be benefited by III,
construction of such sewer or drain. the said com
miesi0ners shall make a report In writing of thei
estimate and assessments to the judge Of sait
court, accompanied by a survey and map TO be pre-
pared under their direction by = civil engineer, Il
DO appointed by the board of trustees OF such vii
lage. showing the lots or parcels Of land and rea
estate particularly benefited by such sewer or drain
the said report shall state the cost OF the who,,
work, including In such cost all necessary expen
diture for engineers, plans, salaries, interest. Iega
fees and charges and such other Incidental expense,
necessarily incurred; the portion. IL any, assessed
upon the village at large, and shall give the names,
parcels of land ana rct ] estate and the amount Of
the assessment to each owner for each Of such lots
or pat cels Of land and real estate for the said bene.
hts; which assessment shall, III each case. be In
proportion, as near a. may be. to the advantage
which each of the said owners shall be deemed 10
have acquired by the construction Of such sewer OF
drain; in case the costs and expenses of such work
shall exceed the amount of benefits. the excess
thereof shall be paid by the village at large and
raised by general tax; In no case shall any property
or owner thereof be assessed beyond the amount OF
benefit actually derived from the construction OF
such sewer or drain
Sc. And be it enacted. That where any sewer may
be constructed under the provisions of this act
forming a trunk line into which lateral sewers may
discharge, or through which the surface drainage
and sewage of a district may be carried to tide.
water or other receptacle, II rhall and may be law
full, IN assessing the benefits which may have been
or may be conferred upon the property by the con-
struction Of euch trunk line of sewers, for the COM
misstoners appointed to assess such benefits to as
sess the same as follows: Such assessment may be
made upon al the property, benefited and to be ben
Gifted within the entire drainage district and where
q direct tapping benefit may be or is secured, either
by connection with the trunk line or lateral sewers
already constructed; the assessments, when finally
snail be collectible at once, and where
the benefit is prospective and depends upon the
OF lateral and connecting sewers not
yet built, IN every such case the assessments made
npon such property shall constitute q first lien
thereon at and from the time when the lateral sewer
u constructed connecting, the property, assessed
with such trunk line, and shall be collectible at the
same time the benefits assessed thereon for the COLI
OF sncn connecting lateral sewer Is or may
pc oy law collectioie, and shall draw interest only
rom the time the assessment for benefits made up
on property along the line OF snch lateral sewers for
~ construction thereof may draw interest and at
the same rate.
%. And be 1t enacted, That upon the coming in
Of any such report, signed by the said commission.
ers or any two of then, the judge of said court shall
sause such notice to be given as he shall deem
proper for the time and place of hearing any objec.
IONS that may De made to such assessment; and
iIler nearing any matter tnat may De alleged against
ny same, lhe Judge OF saiu court snal connrm the
'aid report, or shall refer the same TO the same or
)ther commissioners TO be appointed BY. him, forth
slth 70 reconsider the subject matter thereof; and
ne SAID commissioners to whom such report shall
DC referred ny the court snail return the same: cor
ected and revised, or a new report to be made by
hem in the premises. to the said court, without un-
delay, and the same being so returned
hall be confirmed or again referred by the judge OF
AID court IN the manner Aforesaid. as right and
Justice shall require, and go from time to time until
report shall be made or returned in the premises
which the said court shall confirm; such report
when so confirmed shall be final and conclusive as
upon the said village as upon the owners of
lands and real estate affected thereby; the said
shall thereupon cause a certified copy Of such
Nice of the clerk of the comfy in which said viii
age shall be located, and shall settle and determine
he compensation to be paid to the commissioners
md the costs and expenses of the proceedings.
which shall be paid by the board Of trustees of said
rllage.
s.. And be 1t enacted, Tint no c~ertiorari snail be
llowed by any court to review any of the proceed
ngs in relation to such Improvement, nor in any
way to affect any assessment made by such COM
after the lapse of thirty DAYS from the
making of the order of the court confirming such
the court shall designate what notice,
+ any. shall be given, by publication or otherwise,
VI the confirmation of the report Of said commits
ioners.
SO. And be il enacted, That all assessments made
the provisions of the act shall be and remain
first and paramount lien upon the lands and real
estate effected thereby until paid, notwithstanding
my error or omission in stating the name or names
Of the owner or owners of such land and zeal estate
,tion thereof, or any Judgment, mortgage, or en-
.r.ut.~~.. 49,. I - o = ~