The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-06
CHAPTER LxxxvI.

/
CHAPTER LXXXVI
| A Supplement TO AN act entitled AN act
providing for sewerage in and by adjoining
cities. towns and townships approved
April twenty first, one thousand eight hun
dred and eighty-seven.
l. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
| the eighth section of an act entitled An act
| providing for sewerage in and by adjoining
| cities, towns and townships, approved April
twenty first, one thousand eight hundred
and eighty-seven, be amended so as to read as
! follows:
| S. And be it enacted, That the said com
missioners shall have power to take any
lands that in their judgment may be neceS.
for the building or construction of such
sew I, upon paying to the owner or owners
thereof the fair value of the lands taken
and of the improvements thereon, and the
| damage done to any lot, tract or parcel. tene
ment or building, by taking part of 1t for
| such purpose; and any person whose lands
| and property was or may be injuriously
| affected by the location of the outlet of said
sewer shall be entitled to have and receive a
| Just compensation for such injury, which
damage and compensation shall be ascer-
tanned and determined by the said commits
sioners. and the money necessary to pay the
| same shall be advanced and paid by the said
municipalities on the order of said commits
sioners in the proportion provided in and by
| the report of the commissioners.
2 And be IL enacted, That in case the sale
commissioners shall be unable TO agree with
| the owner or owners of any lands required in
| InelF Judgment 10 DC taken IOf SOCn sewer Oh
when, by legal incapacity or absence of suel
| owner or owners, no such agreement can bt
| made, particular description of the lands sc
i required for the use of such sewer, including
/ therein the lands necessary for the mainte
| nance and operation of the same shall bt
| given in writing. under oath or affirmation
| OF some engineer or proper agent of the com
mlsstOners, and also the name or names OF
| the occupant or occupants,i if any there be, and
| of the owner or owners, and their residence
| II the same can be ascertained, to one of the
nj OF NJ 10
| who shall cause such commissioners to give
| notice thereof to the persons interested ii
| known and in this state, or if unknown OF
out of this state, to make publication there
of as he shall direct for any term not less than
| ten days, aud to assign particular time and
| place for the appointment of the commission
ers In condemnation herein named, at which
time. upon satisfactory evidence TO him of
| the service or publication of such notice
aforesaid, he shall appoint, under his hand
and seal, three disinterested, impart ial and
judieious freeholders residents in the county
in which said sewer is to be constructed, com
missioners in condemnation to examine and
apprase the said lands so required TO be
taken for the construction and maintenance
of said sewer, and to assess the damages
upon such notice to be given to the parties
interested as shall be directed by the Justice
making such appointment to be expressed
therein not less than ten days; and Ii shall be
the duty of said commissioners in condemna-
ton (having first taken and subscribed an
oath affirmation before some person duly
authorized to administer oaths to faithfully
ana lmparttully examine the matter in
question, and to make a true report accord
ing to the best of their skill and understand
ing to meet at the time and place appoint
ed and to proceed to view and examine the
said lands and to make a Just and equit-
able appraisement of the value of the same
and assessment of damages to be paid
by the said commissioners appointed for the
construction of said sewer, for such lands
and damages aforesaid which report shall be
made in writing under the hands and seals of
the said commissioners or any two of them
theron fbnt
with the aforesaid description of lands SO re-
quired and taken. and the appointment, ard
oaths or allirmations aforesaid in the clerks
Office of the county in which the lands are
situate, to remain on record therein and
thereupon, and on paymentor tender of pay
ment, of the amount awarded, as hereinafter
provided, the said commissioners appointed
to construct said sewer are hereby empowered
20 enter upon take possession of said lands
for the purposes aforesaid, and the said re-
port or copy thereof certified by the clerk of
said county, and proof of payment or [. nder
of the amount awarded shall Mt all times be
considered as plenary evidence of the right
of said commissioners appointed to construc,
said sewer, and of the various municipalities
contributing TO the expense thereof TO have,
hold, use, occupy possess and enjoy the said
lands, or of the said owner or owners to re-
cover the amount of said valuation with in
terest and costs in an action of debt In any
court of competent jurisdiction,in a suit to be
Instituted against the municipalities 80 to be
drained, in case said commissioners shall
neglect or refuse to pay the same for twenty
=
and the said justice of the Supreme Court
shall, upon application of either party upon
reasonable notice to the others, allow and
tax such costs, fees and expenses to the COM
mssioners in condemnation, clerks and other
persons performing any of the duties pre-
scribed in this section, as he shall think eauit-
able and right, and the same shall be paid by
said commissioners of construction. and
charged as an expense of the building of said
sewer; provided, always. that should the
said commissioners of construction or the
owner or owners of any of the lands so taken
feel aggrieved with the decision of the COM
missioners aforesaid, they may appeal to the
next circuit court within the county i'm which
the said lands may be situate.
g. And be 1t enacted, That every appeal
from the decision Of the commissioners an
pointed under the preceding section, shall be
made in writing, and in the form of a petition
to said circuit court, and filed with the clerk
of said circuit court wherein the lands an
praised by the said commissioners I'm eonden.
nation shall be, and notice In writing OF said
appeal shall be given to the opposite party
within ten days after the filing thereof
which proceeding shall vest in the circuit
court full right and power to hear and adj
Judge the same and to direct proper issue
for the trial of said controversy TO be formed
between the said parties and to order Jury
to be struck, and a view of the premises to be
had, and the said issue TO be tried at the next
term of said court to be holden in said county
upon the like notice and in the same manner
as other issues in the said court are tried and
il shall be the duty of the said jury to assess
the value of the said lands so taken aud the
damages sustained, and II they shall find
greater sum than the said commissioners shall
find greater sum than the said commission
ers shall have awarded in favor of said owner
or owners, then judgment thereon with costs
shall be entered In favor of said owner or
and the amount SO fixed and awarded by said
jury shall be paid by said commissioners of
construction as a part of the expense of the
construction of said sewer; but IL the said
jury shall be applied for by the owner or
owners and shall find less sum than the said
commissioners of construction shall have Of
fered, or the said commissioners in condem-
nation shall have awarded, then costs shall
be paid by the said applicant or applicants
and the same shall be deducted out OF
the said sum found by the said jury. but
| such application shall not prevent the
commissioners of construction from taking
the said land upon fling the said report of
the commissioners of condemnation afore-
| said; provided, that In no case whatever shall
said commissioners of construction enter
| upon or take possession of any land of any
| person or persons whatsoever for the purpose
| of actually constructing said sewer, or other
wise appropriatinR said lands to the use of
| said commissioners until they have paid to
| the party or parties entitled TO receive the
| same the amount assessed by the commission
| ers in condemnation as the value of such
| land or damages; In case the report of the
commissioners Is not appealed from. or If the
same be appealed from, then the amount
| the issue shall be tried; but in case the party
| or parties entitled TO receive the amount as
| sessed by the commissioners in case there
shall be no appeal and In case of appeal the
amount found by the jury, shall refuse upon
| tender thereof being made to receive the
| same, or shall be out of the state or under
| any legal disability. then the payment of the
| amount assessed or found as aforesaid into
| the circuit court of the county wherein the
| lands lie shall be deemed valid and legal
| payment.
4. And be it enacted, That all acts and
| parts of acts, inconsistent with the provisions
| OF this act shall be and the same are hereby
| repealed, and that this act shall take effect
| Immediately.
Approved March 20. 1892.
CHAPTER LXXXVII.
| A Further Snnnlemant to an act ont itInd q A :,