The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-13

sloners, clerks and other persons performing
any of the duties prescribed in this section
as he may think equitable and right, which
shall be paid by sucn town or township pro-
v1ded that should any such town or township,
or the owner or owners of any of the lands
improvements. right of way or easements
feel aggrieved by the decision of the commits
sioners 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 APP
pointed un Ter the last preceding section shall
be made in writing and in the form OF a petit
ton tie 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
jury to be struck and a view of the prem
Uses to be had, and the said issue to be tried
at the next term of said court to be holden
in the said county, upon the like notice and
in the same manner as other issues in the
said court are tried; and it 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 II they shall find a greater sum than
the said commissioners shall have awarded
in favor of the said owner or owners, then
Judgment thereon, with COSTS shall be enter
ed against said town or township and execu-
ton awarded therefor; but if the said jury
shall be applied for by the owner or owners
and shall find less sum than the said town
or township shall have offered or the said
commissioners 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 pre-
vent the said town or township from taking
the said lands, improvements right of way
and easements upon filing the aforesaid re
port; provided, that in no case shall said
ffNanf 70
sion 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, inn
proVements right of way and easements or
damages, in case the report of said commits
sioner5 is not appealed from, or IL the same
is appealed from, then the amount which
shall be found by che jury by whom the issue
shall be tried; but in case the party or parties
entitled to receive the amount assessed by
the commissioners, in case there be no appeal,
and in case of appeal the amount found by
the jury, shall refuse upon tender thereoI
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 round
county shall be deemed valid and legal pay
ment; and further, that the party or parties
entitled to 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 and on such
tender PAYMENT OF the money lHIO court,
in case IL shall be refused as aforesaid. the
said town or township shall be eInpoweredto
enter upon and take possession of said lands,
improvements, right OF way ana easements Us
such town or township or within tine limits
of su adjoining city.
T. And be it enacted, That in order to raise
the moneys necessary to pay for lands, inn
provements right of way or easements &C.
quired by purchase or condemnation as
aforesaid and the costs aud expenses attend
M 10 m lawful the
Gil or township committee of such town or
township to borrow money by the issue or
bonds in the corporate name of such town or
township to an amount not exceeding the
cost of acquiring such lands. improvements.
right of way and easements costs and ex-
penses, which bonds shall bear interest at not
exceeding the rate of six per centum per an
mum, and shall run not exceeding the period
of ten years. and shall be sold for not less
than their par value.
s. And be it enacted, That after acquiring
the necessary lands improvements right of
way and easements as aforesaid, the council
or town committee of such town or town
ship shall have full power and authority to
enter INTO contracts with responsible persons
as hereinafter provided for doing the work
aud furnishing the materials necessary In
the construction OF such road or street, and
the branches thereof, which contracts may
be for doing the whole or part of said work;
they shall advertise for proposals for at least
two weeks successlvely, once In each week, In
at least two OF the newspapers published in
the county in which such town or township
is situated. and then contracts shall be made
with the lowest responsible bidder or bidders
who will comply with the requirements of
such council or town committee, and give
ample security for the performance OF the con
tracts; provided, however. that such council
or town committee may reject all bids. if they
deem 1t for the interest of the town or town
ship 50 to do, in which case they shall read
vertise in like manner for proposals; the con-
tracts so entered into may include all grad
ing filling-in, excavating, tagging, curhing,
paving or matchmaking, retaining walls, pill
Ing trestles, bridges, and all other work
necessary to construct such road or street
and branches thereof, IN the manner set
forth In the report, plans and maps of the
commissioners appointed under the second
section of this act; the council or town com
mittee of such town or township shall also
appoint a competent civil engineer to super
wise the construction of such work.
0. And be it enacted That when and as Of
ten as the engineer in charge of such work
shall certify that a certain quantity of work
and materials have been done and Furnished
thereon, the council or town committee shall
issue and deliver to the contractor an i'm
provement certificate for eighty per centrum
of the value thereof according to the contract
prices therefor which certificate shall bear
interest at the rate of six per centum per an
mum and shall be payable at any time within
five years, on ninety days notice when all 1n'
terest thereon shall cease and when the con
tract Is fully completed and the work accept
ted by the council or town committee of such
town or township, a like certificate for three
fourths of the amount withheld shall be de-
livered to the contractor at the expiration
of three months thereafter like certificate
for the balance due shall be delivered to the
contractor, unless errors or defects in the
work shall have appeared in which case II
shall be withheld until such errors or defects
are rectitied to the satisfaction OF the council
or town committee.
TO- And be it enacted, That the council OF
town committee may appoint an inspector
over the work and materials and may Tx his
compensation
H. And be it enacted. That after the com
| pletion of such work the council or town
| committee of such town or township shall
by resolution, appoint three disintefeSted
| commissioners. who shall be freeholders and
| residents of such town or township, and who,
| after making and fling with the town clerk
an oath or affirmation that they will faith
| fully and impair tally, and to the best of then
ability and understanding, perform the
duties required of them by this act, shall pro-
coed to consider and determine what lands
living within the assessment area established
| by the commissioners appointed under the
| second section of this act are specially bene-
| fitted by the laying out, opening and con-
struotIon of such road or street and branches
| thereof; they shall make map showing all
| the lands ard each separate lot or parcel of
| land so specially benefited, and shall desig-
nate each lot or parcel thereon by letter or
number; they shall ascertain and determine
the total actual cost of the laying out open
| ing and construction of such road or street
and branches thereof, andshall assess upon the
town or township at large an amount equal
to thirty per centum of such total cost; the
residue of such total cost they shall ASSESS as
such assessment area found by them to be
specially benefited; they shall assess each
lot and parcel of land in proportion to the
benefit received, and shall not assess any lot
or parcel of land more than it is specially
benefited; In case the aggregate amount of
assessable special benefits shall be less than
the residue of such total cost, they shall
assess the excess upon the town or township
ut large in addition to the thirty per centum
of such total cost above provided for; the
said commissioners shall make a schedule.
which shall accompany their said map setting
forth the letter or number of each lot or
parcel of land assessed the names of the
owners thereof so far as the same can be as
certained, and the amount assessed thereon
for special benefits; they shall present a re-
port In writing with their map and schedule
| to the council or town committee of such
town or township who shall file the same
with the clerk of the town or township,
| and shall by resolution, appoint time
| and place when and where they will meet
| to consider objections in writing made there
| to. which time shall not be less than
| twenty days thereafter 1t shall be the duty
| of the town clerk upon the adoption OF such
| resolution to publish for at least two weeks
successfully. at least once in each week. In at
| least two newspapers published in the county
| In which such town or township may be stu
| ted. IA notice setting forth that such report.
man and schedule have been filed in his Olfcp.