The Penn's Grove record., 1892-07-01

' F'R fthfu " UtNI
the same be situated In such town or tovusbio n,
In such adjoining city, aud the said Justice Of thu
supreme court shall, on application Of either party
and on reasonable notice to the other. tax and allow
such costs, fees and expenses to the justices Of the
supreme court, commissioners, clerks and other
persons performing any of the duties prescribed in
this section as he may think equitable aud RICH,
which shall be paid by such town or township,
provided that should any such town or township. OF
the owner or owners Of any of the lands, improve
ments, right of way or easement, feel aggrieyed by
the decision of the commissioners aforesaid, it, he or
they may appeal to the next circuit court in the
county where such town OF township is situate.
6. And be II enacted, That every appeal from the
decision Of the commissioners appointed under the
last preceding section shall he made in writing and
in the form of a petition TO said court and filed with
the clerk Of the said circuit court Of the county
wherein such town or township is situate, and
notice in writing Of such 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 adjudge the
same and to direct a proper issue for the trial OF
said controversy to be found between the said
parties, and to order a jury to be struck aud a view
Of the premises to be had, and the said issue to be
'fN' - '"N h'A' fNi" VI 'tlh tbuIt 10 bt uDluen IN
the said county, upon the like notice and in the
same manner as other issues in the said court are
tried and 1t shall be the duty Of the said Jury to
assess the value of the said lands, improvements
right Of way and easements taken and the damages
sustained, and if they shall find a greater sum than
the said commissioner shall have awarded In favor
Of the said owner or owners, then judgment there
On, with costs. shall be entered against said town or
1 tawru.Ia. n-l axa.n..-u ..-ll -. -. -
the SAID jury shall be applied for by the owner or
owners and shall find a less sum than the said town
or township shall have offered or the said commits
sioners shall have awarded, then said costs shall be
paid by the said applicant or applicants and either
deducted out of said sum found by the said jury or
execution awarded therefor, as the said court shall
direct; but such application shall not prevent the
said town or township from taking the said lands,
improvements, right of way and easements upon
filing the aforesaid report; provided, that in no
case shall said town or township enter upon or take
possession OF any lands, improvements, right of way
or easements until they have paid or rendered to
the party or parties entitled to receive the same the
amount assessed by the commissioners as the value
Of such lands, improvements, right Of way aud ease
ments or damages, in case the report of said commits
| sioners is not appealed from, or if the same is APP
pealed from, then the amount which shall be found
by the jury by whom the issue shall he tried but In
case the party or parties entitled to receive the
amount assessed by the commissioners, in case there
be no appeal, and Ia 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 afore-
said, into the circuit court OF the said county shall
be deemed a valid and legal payment and further,
that the party or parties entitled 10 receive the
amount assessed by the commissioners may, upon
tender thereof being made receive the same without
being barred thereby from his or their appeal from
the report Of the commissioners, aud on such tender
or payment of the money into court, in case 1t shall
be refused as aforesaid, the said town or township
shall be empowered to enter upon and take possess
sion of said lands. improvements, right of way and
easements. whether the sam be within the limits of
such town or township or within the limits Of such
adjoining city.
I. And be ii enacted, That in order to raise the
moneys necessary 10 pay for lands. improvements,
right OF way or easements acquired by purchase or
condemnation as aforesaid, and the costs and ex-
penses attending the same, it shall he lawful for the
council or township committee OF such town or
township to borrow money by the issue Of bonds
III the corporate name sue" 'o"n o' ''Wnship' u
an amount NOT eNeeeaih8 tue eust vi acquiring SUN
lanus' improvements i'enl VI way anu easehe"i7'
COSTS ana EXPENSES "nien BONUS Sha" oear Interest
at moi eSceedihs tue ra'e Vi SIN per ce"'um per
ahhuih' ana snai run hO' 'Aeeeu'"s 'he Periou oi
ten years. anu shall DC soiu tut h"' 'eSs 'hah iheh
par value
8. ana DE II eh"c'eu' ipa' a'er acquiring Tue
necessary Improvements rs" vi way anu east
nehts as a'ofeSa'u' Tue eoun'n OF """ 'o'"''ee
oil such town OF township shai nhNe 'u'i power y
authority 10 enter ih'o contracts WIN resp""s'oie
persons as hereinafter pro'tdeu 'or uo'hS tue WORK
and furnishing the materials necessary IN the COLI
struction oil Snch ROAD OF street, ana tue or"hehes
thereof, when contracts ma! ne LOT uoihs tue "hoie
or part OF SAID work; 'hey shaii auNertise '"r pro-
posals for at least Two weeks succeSsi'eiy' once III
each week, in at least twooi the newspapers pup
hshed In the county IN whieh such Town OF town.
ship Is situated, ana theh contracts shah oe "aue
with the lowest Responsible oiuuer OF oiduers VINO
will comply with the requirements oil sueh council
OF town committee and give ample security LOT the
performance OF the contracts PROVIDED however,
that Sllcl council or town cDtlnlttgt NAV REJECT all