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

z. AMI De IL enacted, This act snail
take effect Immediately.
Approved March %, 1892.
CHAPTER LXXXVI.
A supplement to an act entitled IAN
act providing for sewerage in and bv ad-
joining cities, towns aud townships" ap-
proved April twenty-first, one thousand
eight hundred and eighty -seven.
/. Be il enacted by the Senate and Cen
eral Assembly of the State of New Jersey.
That the eighth section Of an act entitled
can act providing for sewerage in and by
adjoining cities. towns and townships"
approved April twenty-irst. one thousand
eight hundred and eiehty-seven, be
amended SO as to read as follows:
8. And be 1t enacted, That the said COM
missioners shall have power to take any
lands that in their Judgment may he
necessary for the building or construction
or owners thereof the fir value
of the lands taken, aud of the i'm
provemeut thereon. and the damage
lone to any lot. tract or parcel, tenement
CT building, BY taking part of it for such
purpose; aud any person whose lands and
nj operiy was or may be injuriously af-
fec'ei by The location of the outlet of
sald sewer shall be entitled to nave and
receive a inst com pensatlon for such in-
jury. which damage and compensation
shall be ascertatned and determined by
the said commissioned n the monev
necessary to pay the same shall be adj
vanced and paid by, the said muuicipali-
ties on the order of said commissioners
in the proportion provided IN aud by the
report of the commissioners.
2. And be il enac ell, That IN case The
said commissioners shalt be unable 60
agree with The owner or owners of any
lands required in their judgment to be
taken for such sewer, or when, by legal
iucapacity or absence of such owner or
owners. nc such agreement can be made,
a I articuIarI description OF the lands so
required for tile use of such sewer, in
Guiding therein the llnds necessary for
the maintenance and operation # the
same shall be given. in writing, under
oath or affirmation, If some engineer or
proper agent of the commissioners, and
q so the name or names " the occupant
or occupants, If any there he, aud of the
owner or owners, and their residence, IL
the same can be aScs rtaincd, t. one of the
justices of the supreme court of this state,
who shall cause such ommissioners to
give notice thereof to the persons inter-
ested, il known, aud in this state, or if
unknown, tr out OF this state, to make
publication thereof as he shall direct for
any Term not less han ten days, aud to
assign a particular time and place for the
appointment Of the commissioners In con-
demnation herein named, at which time,
upon satisfactory evidence TO him of the
services or publication of such notice afore-
said, he shall appoint under his hand and
seal, three disintei ested, impartial and
judicious fr~eehoiders, resident in the
county In which said Is to be con-
structed. commissioners in condemnation
to examine and appraise the said lands 80
required to be taken for tile construction
and maintenance OF said sewer, Il to
assess the damages. upon suck 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 IL shall be the
Gu Y of said commissioner in coudemna.
ton ~(havine first taken and subscribe AN
oath or affirmation before some person
duly authorized to administer oaths, 10
faithfully and impartially examine the
matter in question, and to make a true
report according to the best OF their skill
ana understanding, TO meet at Tie time
and place appointed, and to proceed to
view and examine the said lands. and 10
make a just. aud equitable aprraisement
of the value of the sHine. AID an assess
ment of damages to be paid by the said
commissioners appointed for he con
strnction of said sewer, for such lands
and damages afoi e siid, which report
shall be made in writing under the hands
and, seals of the said commissioners, OR
auy two OF them, and fled within ten
thereafter, together with the afore-
said d~escription'of lands SO required and
taken, aud the appointment and oaths
or affirmations aforesaid in the clerks
] office of the count in which the3lands
karesituate, to remain on record therein,
aasdthereupon, aud, on payment. on, ten
der of pynlehf, of the amount awarded rs
hereinafter provided, the said commits
Il cicnnrc Anuntn tad tn cnuQtrnrf said CAVIAR
are hereby empowered to enter upon and
| take possession of said lands for the pur-
poses aforesaid, and the said repor or
| copy thereof certified by the clerk Of said
county. and proof of payment or tendel
sof the amount awarded. shall at all times
be considered as pleuary evidence of the
right OF sald commissioners appointed to
| construct said sewer. and of the various
municipalities contributing to the expense
thereof. 10 have. hold, use, occupy, pos
| sess and enjoy the SAID lands, or of the
| said owner or owners to recover the
amount of said valuation with interest
| and costs in an action of debt IN any court
| of competent jurisdiction. In q suit to he
institnted against the municipalities
| so tonbe drained,t in case said commits
sioners shml NEGLECT on refuse to pay the
same for twen,yidays after demand made
therefor upon hefn; and the said jus.
tice OF tie Supgeme Court shall, upon
| application If either party. upon reason
able Hutice TO the otliers, allow and lax
such Costs, fees aid expenses to the com.
missioners In condemnation, clerks and
otl er1I persons performing any of The
| duties pr escribea In This section, as he
shall think equitable abd right, and the
| same shall he vaid by sad commis sion ers
Eof construction, aud charged as an ex
bpensel6f tile building of Rafd sewers; pro-
| vided. alwaysf chat, should the ss.a COM
missionees of c~6nstruction or the owne,
or owners of any of the lands so taken
feel aggrieved with the decision of the
commissioners aforesaid, they may aa.
peal To the next circuit court within thu
county In which the said lands may u
situate.
3. And te II enacred, That every appeal