The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-12

Aufftols tNe eNll uuuTI tlMil apply 10 Aut
Judge ef The circuit "a Of tie county
wherein such village - situate, Tor the
appointment OF commissioner 10 estf-
mate anu assess such benefits. Of the time
aud place OF which application notice
shall be given by tsu days publication in
n newspaper published within the village,
IL any there be, and II none, In a news
paper published in the county, at which
time and place. or at such other time aud
place as the said judge snail designate,
said judge shall. without unnecessary de-
lay. appoint three commissioners, who
shall not be freeholders or residents
OF such village, TO estimate and assess the
said benefits: the said Judge shall nave
power to remove any commissioner
aud appoint another In his
cancy that may occur IN the Office OF any
commissioner from any cause; the said
commissioners. before entering upon the
execution of the duties required Of them
By this act, h take and subscribe,
before some person duty authorized to al
minister the same, an oath or affirmation
that they will make all estimates n
assessments required OF them fairly,
legally aud equitaDly. according to the
best OF their skill and understanding z.
which oath OF affirmation shall be AT
tached to the report that they are herein
after required to make.
"a And be IL enacted, That the said
commissioners, having thus qualified,
shall give notice. under tue direction of
the said judge, Of the time and place
when and where they win hear any per-
son In interest who may present them
selves to be heard, and at u time
and place. and such other times and
places TO which they may adjoarn for that
purpose, the said commissioners shall
attend and shall give public hearing to
those persons in interest who may desire
TO be heard; the said commissioners shall
have power 20 examine witnesses under
oath, to be administered by any one of
them, and to enter upon aud view the
premises that they may deem necessary.
n to adjourn from time 70 time in their
discretion, or as directed by tue judge of
said court: they shall uss diligent effort
TO ascertain the names Of the of
the lands and real estate benefited by the
construction of such sewer or drain as
aforesaid, and shall state the same In the
report hereinafter mentioned, but the
failure to ascertain the anne OF any such
owner or to state the same correctly, or
the omission Of any such name from the
said report, shall not be deemed to invali-
date the said assessment, nor 10 be a bar
to the collection Of the same.
50. And, be it enacted, That after nav
ing given opportunity as aforesaid for a
public hearing OF the persons IN interest,
and having viewed the premises likely, in
their judgment. to be benfited by the
construction of sueh sewer or drain, the
said commissioners shall make a report
In writing Of their estimates and assess
ments to the judge of said court, accom-
panied by a survey aud map TO be
prepared under the direction by a
civil engineer. to be appointed By
the board of trustees OF such vii
lage, showing the lots or parcels Of
land aud real estate particularly benefited
by such sewer or drain the said report
shall state the cost of the whole work, In
Guiding Ia u cost all necessary expen-
dffago f4r Aa.4rannra r1nnu aolaEfaa In
~terest, legal fees aud charges and such
other incidental expenses rs in the proper
prosecution Of the work may be neces-
sarily incurred the portion, II any, as
sessed upon the village at large. and shall
give the names, so far as ascertaiDed, OF
the owners OF said lot aud parcel Of land
and real estate and the amount Of the as
sessment to each owner for each of such
lots or parcels of Ian and real estate for
the said benefits; which assessment shall,
in ea3h case, be in proportion. as near as
may be, TO the advantage which each OF
the said owners shall be deemed to a
acquired Dy the construction OF such
sewer or drain in case the costs and ex-
penses of such work shall exceed the
mou of benefits, the excess thereof
shall be paid by the village at large and
raised by general tax; in no case snail
my property or owner thereof be assessed
beyond the amount OF benefit actually de-
rived from the construction OF such
sewer or drain.
56. And be it enacted. That where any
sewer may be constructed under the pro-
visions of this act forming a trunk line
into which lateral sewers may discharge.
or through which the surface drainage
and sewage OF q district may be carried TO
Underwater or other receptacle. it shall and
may be lawful, in assessing the benefits
which may have been, or may be conferred
upon the property oy the construction of
SUCH trunk line OF sewers, for the commits
sioners appointed TO assess such
benefits to assess the same as fol-
lows such assessment may be
made upon all the property benefited aud
to be benefited within the entire drain
age district. and where a direct tapping
bsneht may be or is secured, either by
connection with the trunk line or later al
sewers already constructed the assess
ments, when finally confirmed, shall be
collecJible at once, and where the oenenS
is prospective and depends upon the con-
struction of lateral and connecting
sewers not yet built, in every such case
the assessments made upon such property
shall constitute a first lien thereon ut aud
from the time when the lateral sewer is
constructed connecting the property as
sessed with such trunk line, and shall be
collectible at the same TIME the benefits
assessed thereon for the construction OF
| such connecting lateral is or may
be by law collectible, and shall draw ill.,
I feFcSE only IRON the llLle the d5ccSctltub
for benefits made upon property along
the line Of such lateral sewers for the con-
struction thereof may draw interest, and
| al the same rate.
81. And be il enacted, That upon the
coming of any such report. signed BY the
said commissioners or n two OF them,
the Judge of said court sh all cause such
notice TO be given as be shall deem proper
for the time and place of hearing any OBJ
/ jections that may be made to said assess
ment; and after hearing any matter that
may be alleged against the same. the
Judge of said court shall confirm the said
report, or shall refer the same TO the same
or other commissioners TO be appointed
by him, forthwith to reconsider the sub
iect matter thereof; n the said commits
sioners to whom such report shall be re-
ferred by the court shall return the same,
corrected and revised, or a new report 10
be made by them in the premises, 10 the
said court, without unnecessary delay.
u the same being so returned shall be
confirmed or again referred by the judge
of said court in the manner aforesaid, as
right and Justice shall require, and so
from time 10 time until a report shall be
made or returned in tue premises which
the said court shall confirm; such report
when SO confirmed shall be inal aud con
elusive as well upon the said village as
upon the owners of any lands and real
estate affected thereby, the SAID court
shall thereupon cause a certified copy OF
such report and the accompanying map
to be filed in the Office OF the clerk OF the