The Penn's Grove record., 1892-07-15

owner by taking the same ana Wncre the eS
| tates In any plot of land are unknown, they
| shall appraise the value of or the damage
done to the fee simple; said commissioners
shall also estimate all other expenses likely
III their Judgment, to attend the completion
OF the Improvement said commissioners shall
also estimate the amount likely to be realized
from the sale of any buildings or
parts of buildings required to be taken
on account of said Improvement, ana
| shall 80 determine the probable net cost
Of making the Improvement; this PROB
able net cost they shall then assess upon
the lands specially to be benefited, In pro-
! portion to the benefit to be received; there
| upon they shall. under their hands, make a
| report of the facts ascertained and of the aP-
p~raisements, estimates, determinations and
assessments made by them concerning said
| Improvement, and shall file such report and
their map with the clerk of the town; there
upon the said clerk shall cause a notice OF
the filing of said map and report TO be
printed in the Official newspaper of the town..
or, If there be lone. In a newspaper published
in the county and circulating In the town.
for the period OF two weeks, which notice
shall contain q general description of the
Improvement intended, of the land to be
TAKEN. anu Oh tut lhHu W bt urStnstN thNhs
for, and shall state the time and place when
aud where the council will meet to hear and
consider any objections to said report or to
the Improvement, which may be presented In
writing; said clerk shall also. within SAID
period, cause notices to the same effect to be
posted at points moi over three hundred feet
apart along the whole line of said improve
ment; the time appointed for hearing said
.Ig,a.tz,a holm. not Iaaa than tor HaNa after
the expiration of said period of two weeks
and shall also. within the said period, serve q
copy of such notice upon resident owners OF
real estate affected thereby; but the omission
of the clerk to serve such notice shall not in
validate any of said proceedings; and all OBJ
jections at such time and place, presented In
| writing. the council shall consider and adju-
dictate upon. and the awards and assessments
made In said report may be corrected accord
ingly. a copy of which corrections, signed by
the chairman of the council, shall be filed
with the said clerk within twenty days after
the expiration of said period of two weeks;
IL the said council shall then determine to
make said Improvement. Notwithstanding
any objections TO the same. the said coun-
Gil shall confirm said awards, with the cor
r~ections, IL any. and pass an ordinance
"a LIS shF'
completed In such manner as said coun
Gil may direct. under the supervision of
| said commissioners of assessments; provided,
the said council shall not proceed TO make
| any such Improvement if the owners of the
property subject to more than one-half of the
assessment for the improvement shall remon-
strate against the same being made; the said
council shall also pass a resolution directing
the several sums awarded to be paid to the
persons to whom the awards are made for
for real estate taken and manages sustained
In making said Improvement, and upon the
passage of such resolution the fee simple of
said real estate to be taken shall be vested In
the town; provided, that where the commits
sioners shall have reported the name or
| estates of the owners of any plot as unknown,
the said resolution shall direct the sum of
| the award on account of such plot to be paid
to the owners thereof when and as their
interest may appear. and any such owner or
person interested in said land may. by bill in
| chancery. according to the practice of that
! court, have the said sum distributed or In
whole or in part paid over to him, as law and
Justice may require; after the completion of
said Improvement the said commissioner
shall ascertain and determine the actual net
cost thereof. and shall assess, as hereinafter
provided, such actual net cost upon the lands
specially benefited In proportion to the
benefit received.
9. And be it enacted. That section sixty
four of the said act be and the same is hereby
amended so as to read as follows:
"a. And be it enacted, That any street or
section OF a street may be graded, tagged.
macadamized, paved. curbed. guttered OF
| ntharyvjaa itnnrnya1 az hprpinbpfOrp prO-
vided. in the following manner, viz. on the
petition in writing of the council by the
owners of one-sixth of the lands fronting on
the street proposed to be improved. the coun-
Gil shall, by resolution. direct the town clerk
to advertise such application or petition and
the notice hereinafter provided for, for at
least two weeks, one in each week successive
ly, in the Official paper of the town, or II
there be none, in one or more newspapers
published in the county and circulating
in the town. and to post copies of the said
petition and notice in five public places In
the town, designated by the council, at least
ten days prior to the time fixed for the hear
ing of objections to such improvement; the
clerk shall also publish and post rs aforesaid,
with the petition. a notice signed by him
stating that objections In writing to said pro
posed Improvement shall be filed with him,
and designating the time and place when and
wbere the town council will meet 10 consider
such objections, which time shalLsnot he less
than ten DAYS after the date of the first pub
l~catlon of snch petition and notice as afore-
said: and the said clerk shall also serve like
notice on the owners of property residing
along the street or section of street 80 pro-
posed to be improved, at least five days be-
fore the time designated in said notice: pro-
ylded. however that no assessment shall be
set aside mr. affected NV reason of the failure
nj said clerk Ia serve sucb notice: and at or
before tb. time named i'm such notice the
said clerk shall file In his office afRdayits
showing that snch ~petition and notice have
been unfinished and posted as herein reauir
cd. at the time named in such notice the
council sb,r nroeeed to consider such obiec-
tions as shall have been presented, and If it
appear that the owners of a majority
of the land fronting on such proposed i'm.
nrove,oent have objected thereto, such i'm
proyemept shall not be made, and all costs