The Penn's Grove record., 1892-07-08

'"ese"Pon aus rs'u Pr"p"ro" sr"e'' "t1'"' W
De cons'rue'ed IN sa'u borough. or any part 'nercot'
es'anhsha ana MAINTAIN one or mere ou''e's or p'aees
OF uep+Sr ior Tue seWaee "'hln OF "inou' sao
Dorougn, eieahse anu repair saiu se"ers OF orains
ana 90 ai anu suen o'ner matters ~ may nc neeoea
Tor the perfect construction ana maintenance OF
said system OF sewerage OF drainage al pubic ex-
pehse; prov'ueu, mat 'niS Ac' snan ""' hn'"onAe
the construction Of sewers or drains IN any oonougn,
unless one-n5e ~ 'ne s'i"af u.s. : slah
hrst Dc sn,rcnoeu ana inc paymen' 'nc'e'i 70 ,pet
borough " ~cureu rom pr'sh.e soure's o'es'" '
:. ANU u enacseu' I'M" an proeeeuihss' c""-
tracts or asr'ements preparatory % 'he co"sfrue-
non q = system OF sewers a"' drains hereteiore
taken q any borough nnner us eharier' or any law
u au'"oiNins ,he = 80"
orurA'"s VI c'rpotaVe" ."""s vi "pro"snN y 'e
y - "ee"g 'a"u''e" IVY y" e"os'ua' =
rs ahninary steps 'owarus me eons''ue'io" "
sewers or drains unuer this ac'-
.. ana nc II ehse'cu' iha' ~hcue'er y sha" oe
ADVANTAGEOUS OF "ecessarf ~ o"nu OF eA'e"u any
part oil said system OF Sewers OF any Oh tue ou'ie's
thereto' o'sf, through OF "po" p''vnee ia"us VI
properly W oruer !" ieAc" u o"'' "oa'o' p'''es
oil deposit or i"r 'ne oe''ei scM'rase" u.a'nake !"
the property IN saiu borough" SUI" NC 'a"iu' W
s2ei potough 70 aci"'fe ia'u '"e'eio' ~ w s'"P'e
or any lesser rSni anu es'a'e .nere'"i '"es may
negotinte WIN 'ne owners .he'eo' anu asree opo"
a compensation Tor smo zee s'mpie OF lesser estate
IN said ihhd, anu MAKE s'ien c'nhienSa'i"' tnere'o'
as shaii De rensonaoie' ana thereupoh s"ah receive
from snch owner OF owners u conveyance u sue"
iand OF estate therein 10 tne hofo"g".
., Ann DC u ehacteu' inAt !" case NO agreemen'
can oe mape WIN inc oNne' . om"c'so M sue"
iai'ds as aforesaid az 70 the amour. VI eonPensa'io"
to ne PAID Tor such ANUS OF 'or s"cn es'"'e Vherein
as aforesaid ny reason oil Tue uhwhhnghesS OF saiu
owners, or any OF tne'nt 10 accept sueh epmPehsa>
hoh as couhsei may uee" re"s'na"'e,o =! 'ea'on
OF the absence from M ~ "s" n"c"pa'i'yo VI
shiu owners, Ut any u '"e"' y y ie"so" y u
owner oeihs uhkho"h' " VA" . = W :, :
circuit court OF 'he county III VINO" inc oofous"
wherein It Is proposed TO CONSTRUCT such sewer OF
drain II SITUATE OF OF one Vi 'he Ju"seS u u
supreme court at MS chambers upon ahp,ica'ion
10 saiu cout. OF lu"ge py s"'u eo""en' .
days previous notice IN wriiins Oh sueh apFhea-
uon TO the persons ih'erfs'eu' u KNOWN suo IN
this state. served IN person or ny leaving AZ
tile dweinuy mouse OF usual Ptace OF a"oue :"
such owner or owners, or II unknown OF absent
from this Stale, or under age or other legal us
ability, after publication thereof Tor any term not
less than two weeks III a newspaper p"ohsneu
III such ooro'gh' ~h'eh no'iec snail ~ io''h
in general terms q description oil 'he 'anus re-
qnired or IN when such es'aie rs alofesah" Is
required, 10 hppoihi ure oisin'efeSte" aPPrai-
ers from Inc county wherein such Doroush IL
situate TO determine the compensation 70 ne paiu
for such lands or Tor such estate iherein' ana
shan be the inty OF said appraiets 10 meet NJ sueh
time and place as the court hy It's ORDER shaa ap-
poini, oil whieh mec'ins zen uay ho'lee snsh IN
given in a newspaper p"bishts IN saii ooroush'
aud afer having taEen an oaih or amrh'a'ioh i"ln-
iniiy ana inipartiaiy 10 uisenarSe Tue ou'ies nere'n
reposed In them. aud aiier having careiu'ly 'ie"eu
the premises ana giving a hearing 10 ai in'ereS'.u
parties who s''aii appear neilre ihem ani uesire"
be heard, within ten days aiier such neei'he,~
deliver to the thorough CLERK q wri"eh appriseineh,,
under the hands anu seals oil then'' or haJofitV"
them OF the award they nave ni'de' eon'aininga
full Inscription OF the iahas III whneh sneh esia'e IN
fee ample or such less estate as aioresaid sha' . .
required the borough clerk snail deliver the said
appraise'neHt 10 sad couhcn AT Us next regular
special meeting AFTER the same shaii DC deivered 10
him, and the saii council shaii'there"pon cause the
same to be recorded IN the clerks once OF Inc
county, and may therenpon order the borough
treasurer or o'her proper oineer' % maxi 0 enuer
payment OF the sums awarded IN sueh appraise-
ment to the respective owners oil lands therein
mentioned, and after such payment or tender oil
men, shall have power to enter upon and take pos
session OF said lands for Its purpose aforesaid anu
IN ease any owner or owners OF iands shaii refuse 10
accept such payment upon tender made or be under
age or other legal disability, or be unknown or
absent rom the STATE, then ana IN such case u shah
be sufficient for said borough treasurer or other ON
car to pay the amount oil the award 70 any such
owner into the circuit court OF the county IN when
such borough is situate, subject 10 the oruer oil said
court, for the use oil the party or parties ehti'ieo 10
the same; the cost oil all proceedings IN safn ciren"
court shal De paid out Oh Tue ooro"gh treasury III
estimating the damages any owner OF real es'ate
will sustain by the construction OF such sewer or
drain across or upon his property the COMMISSION
ers In making their award shall have due regard as
well 10 the dement's to be received ny the properly
as TO the damages sustained by Tue owner tnereoi
by the construction of such sewer or drain.
5. And be il enacted, That In case the council
or the owner or owners OF said land or any OF them,
shall be dissatisfied with the award ofihe appraisers
made as aforesaid, and shall apply to me circe"
court at the next term after the SAID award shah oe
delivered Ito the said council, the court shall nave
power, upon good cause shown, TO set the same
aside, and thereupon 10 direct a proper issue . IN
trial Of the said controversy to be formed between
the said parties. and to order a Jury to be struck' q
Nie" VI the pieuFea ~ "aAs "'N
he tried at the same or at any subsequent term OF
said circuit court upon the Ike notice and IN the
same manner as other ISSUES III ihe sad conrt are
tried; and it shall be the duty OF the said Jury 10
assess The value OF said land or estate therein re-
quired and the damage sustained. ana II they snali
find a greater sum than the said appraisers shall
have awarded in favor OF the said owner or owners,
then judgment therefor, with costs, shall be en-
tered against the borough and execution awarded
therefor; but ifthe said jury shall be applied for by
the said owner or owners. and shall md the same
or a less sum than the appraisers shall have awarded
then the said costs shall be paid by the SAID APP
plieants, and either deducted out oil the said sum
found by the said jury, or execution awarded there
for, as the court shall direct but such application
shall not prevent the workmen and agents OF the
bo,ough from entering upon any such lands and
constructing a sewer or drain thereon upon the
award Of the appraisers; provided, the amount OF
the award shall hrst be paid, or. IN case the said
award will not be received by said owner or owners