The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-23

amount 50 awarded to the party or parties
entitled thereto. as owners. tenants or
other Legal occupants, the said city Is
hereby empowered 70 enter upon md take
/ possession Of the said lani. and all title
thereto for the purpose f0i whica the
same j. taken shall upon such payment
or tender pass from the sid owners aud
parties interested TO the said city. aaa 10
case OF u dispute " any owners. or
other parties Interested 10 their respective
rlguls or shares On and 10 the sum so as
sessed or ascertained under this net. then
the said city IS hereby authorized 30 pay
the su u assessed for the said laid 70 the
clerk Of the county in which said lands
are situated, to be paid out
the parties entitled - the same by the
order Of the circuit cOurt OF said county
upon the application OF any one or more
Of them. on due notice to the others: and
the said justice shall upon the aDpiica-
ton Of either party, or on reasonable no.
tee to the others tax and allow such
costs, ices aud expenses 10 the commits
sioners aud other persons performing any
legal duty In the premises ~ he shall
think equitable and right, which shall be
paid by Tue said city. and II any OF all OF
the said owners or other parties inter
estsd shall be absent from this stare or
under any legal incapacity that ~disQuali-
hes them from receiving legal pay
ment of the money awarded him, her or
them, then it shall be the duty Of the
city 70 a the mount awarded to such
person or persons to- the clerk Of the
county In which such lands are situated;
and il shall be the duty Of the said CLERK
to receive the same to be paid to the par
ties entitled thereto by the order OF the
Judge OF the circuit court Of the said
county, upon his, her or their application
foI the same, and every and all OF such
nuUraAneu =. eIA ATA~H- - - 49, IT,
shall be equivalent to payment to
the parties entitled thereto aud
shall operate to transfer the title to said
lands to said city as il made directly 70
the said parties: provided, always, that
should the city, or the owner or owners
feel aggrieved BY the report and award Of
the said commissioners he, she or they
NAV appeal from the said appraisement
and award in respect TO her. his or their
interest therein TO the next circuit court
In the county wherein the said lands are
situated.
2 And be it enacted. That every ap-
peal from the appraisemeDt and award OF
the commissioners shall be made in the
form OF a petition to the said court, and
notice thereof shall be given 70 the other
parties within fifteen days after the fling
OF the commissioners report inc award.
which proceeding shall vest in the circnis
court full authority, power and jurisdic-
ton TO hear and determine the question
Of the value OF the and and the damage
sustained, If any. ard t~hereupon the said
court shall direct q prope Issue to be
framed between the parties 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: a the said issue shall
be tried upon the like notice and In the
like name as other issues OF fact IN sal Id
court are tried; and it shall be the duty of
/ tho said TnEE tn aaanua thu wrnIrTn nf fna
land ia question and the damages sus-
tanned II any; and the party or parties
appealing shall recover costs IL he.
she, 1t or they shall succeed at
the trial on appeal in changing the
valuation or assessment of the land in
question and the damages ia his. her,
their or its favor. and shall pay costs If he,
she, Ii or they shall fail 50 to do; but no
appeal shall prevent the city from taking
the land upon fling the commissioners
report and award aud payment, or tender
to the parties of the amount thereof, as
h~ereinbefore provided, and a party ac-
cepting from the CITY the amount OF the
award of the commissioners in his favor
shall not thereby waive his appeal:
that upon h verdict of the
jury fixing the value Of the land
and damages the court shall enter iudg-
ment for the amount thereof. with or
without interest aud costs, according to
the provisions Of this act and the princi-
pie of law applicable to the trial Of similar
issues 10 other cases, and the judgment so
entered shall be the sum which the owner
or owners and other parties interested are
entitled TO have from the CITY for the said
land and damages, and may be enforced in
name and form similar to other cases in
which judgment is pronounced in said
COURT and when the com issi0HeT5 awarn
is paid by the city into court, as hereinbe
fore provided. and an appeal IS taken and
Judgment is afterwards pronounced on
the verdict, it shall be the duty of the
court to order the money so paid into
court applied TO the payment OF the said
Judgment and the surplus. if any, repaid
10 the city.
3. And be it enacted, That his act shall
take effect Immediately.
Approved March II. 1891.