The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-25

slider the same and all ObJectiOls in writ
ing that may be presented thereto, which
time shall not he less thar six weeks
from the time of the adoption of such
resolution; and it shall be the duty OF the
town clerk to publish In at least two
newspapers published in the county In
which such town or township is
situated. for at least three weeks
successfully next preceding the time
designated in said resolution, at least
once in each week. notices setting forth
that the report, maps. schedules, assess
meDts, determinations aud estimates OF
The commissioners have been fled with
him, and specifying the time when and
the place where the town council or COM
mittee will meet to consider the same,
and all objections thereto that may be
presented In writing: such notices shall
also designate the limits in such town or
township within which the lots or parcels
of land assessed are included; said town
clerk shall also post printed copies of such
notices in at least FIFTY conspicuous n1aces
In such own or township, at least fifteen
days prior TO the time designated in the
resolution aforesaid; the owner of any
lands shown on the assessment mar and
schedule of the said commissioners shall
have the right to file with the
town clerk objections in writing to the
and brahches thereof at or before the
time appointed in and by the resolution
aforesaid, at the time and place appointed
by such resolution, the council or town
com mittee shall meet, aud the town
clerk shall lay before them all objections
In writing which shall have been filed
with him, and thereupon the council or
township committee shall proceed to con-
slider the report of the said commission
ers and the objection thereto; and at any
time thereafter The councl or town COM
mittee may, by The votes of a majority of
the members thereof, pass or adopt a
resolution confirming the report of said
com misstoners; provided, however, that
no resolution confirming such report
shall be passed or adopted and no road or
street shall be built or constructed ii it
appear that the owners of land assessed
for more than one-half of the aggregate
assesslble special benefits Excluding
amounts assessed upon the town or town
ship have objected thereto. =
s.. Aud be it enacted, That at any time
after the adoption of the resolution con-
irming the report OF said commissioners
asaforesaid, the said council or town COM
mittee may acquire by purchase and may
accept donations and dedications of lands,
improvements. right of way aud other
g easements required in the construction of
such road or street u branches thereof,
whether the same be within such town or
township or in such adjoiHing city, and
in case said council Or town committee
shall not be- able to acquire by agreement
with or purchase from the owner or own
ers thereof. the lands, improvements,
right of way aud other easements neces-
Sary for such road or street and branches
thereof, or when by reason of alb
sence or legal incapacity Of such
owner or owners, or any OF them,
such agreement or purchase cannot be
made. o particular description of the
lands. improvements. right Of way aud
other required shall be given
in writing by said council or town COM
mfttee, aud also the name or names of the
occupants If any, and of the owners If
known. and their residences il the same
can be ,ascertained, to one of the justices
of the supreme court of this state, who
shall cause said council or town commit
tee to give notice thereof to the persons
interested il known and i'll this state, or
II unknown aud out of this state to make
publication thereof, as he shall direct for
any term not less than ten days, and to
assign u particular time and place for the
appointment of the commissioners here
matter named, at which time. upon salts
factory evidence to him of the service or
publication OF such notice aforesaid, he
shall appoint under his hand and seal three
judicions, disinterested and impartial
freeholders. Residents In the county in
which such town or township is situated,
commissioners to examine and appraise
the said lands, improvements, right of
way aud easements and to assess the
damages, upon such notice to be given
to the persons interested as shall be ui-
rected by the justice making such appoint
ment. to be expressed therein. not less
than ten days, and it shall be the duty of
said commissioners (having first taken
and subscribed an oath faithfully aud i'm
partially to examine the matter in uues-
ton and to make q true report according
r, tl,n kasN Of that cIyft anA ,-Nla%rrl
1ng) to meet at the time aud place ap-
pointed and examine the lands. improve
ments, right of way and asements re-
quired to be taken and to make a just and
equitable assessment or appralsement
of the value of the anne and an
assessment of the damages to
be pail by the said town or own
ship; they snail make report In writing
under their hands and seals. or under the
hands and seals of any W of them, and
shall file the same together with the
aforesaid description of the lands, i'm
p~rovements, right of way aud
n the appointment aud oaths or atfir-
nations aforesaid. la the clerks Office of
the ounty in which such town or own
ship Is situated, to emain of record there
III, aud ~thereupon and on payment or
tender of payment of the amount awarded
as hereinafter provided, the said town or
township is hereby empowered to enter
upon aud take possession of the said
lands, improvements, right of way and
easements for the purposes aforesaid, and
the said report or u opy thereof certified
by the clerk of the said county and proof
of payment and tender of the amount
awarded, shall at all times be considered
as pleuary evidence OF the right of such
or township 10 have, hold, use, oc-
cupy, possess Il ell Joy the said lands, i'm
provements. right of way and easements,
whether the same be situated in such
town or township or in such adjoining
city, and the said Justice of the supreme
court shall, on application of either party
aud on reasonable notice to the other, tax
and allow such costs. fees and expenses 20
the justices OF The SUPREME court, COM
missionerS, clerks and other persons per-
forming any of the duties Prescribed in
this section as he may think equitable
and right, which shall be paid by such
OWE or township, or the owner or OWL
ers of any of the lands, improvements,
right of way or easements, feel aggrieved
by the decision of the commissioners
aforesaid, it, he or they may appeal to the
next circuit court in the county where
such town or township is situate.
g.. And be it enacted, That every appeal
from the decision of the commissioners
appointed under the last preceding section
shall be made in writing and in the form
of q petition to said court and filed with
the clerk of the said circuit cours of the
county wherein such town or township is
situate. and notice In writing of such al.
peal shall be given to the opposite party
within ten days after the filing thereof;
which proceeding shall vest in the circuit
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