The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-06-08

tateS Ill any plot OF land are unknown, they
shall appraise the value of or the damage
done to the fee simple; said commissioners
shall also estimate all other expenses likely,
in their Judgment, to attend the completion
of the Improvement; said commissioners shall
also estimate the amount likely to be realized
from the sale of any buildings or
parts of buildings, required to be tax en-
on account of said Improvement, and
shall 80 determine the probable net cost
of making the Improvement; this prob
able net cost they shall then assess upon
the lands specially to be benefited. in pro-
portion to the benefit to be received; there
upon they shall, under their hands, make a
report of the facts ascertained and of the APP
praisements estimates, determinations and
assessments made by them concerning said
improvement, and shall file such report and
their map with the clerk of the town; there
upon the said clerk shall cause a notice of
the filing of said map and report to be
printed in the official newspaper of the town,
or If there be done in newspaper published
in the county and circulating in the town,
for the period of two weeks, which notice
shall contain general description of the
Improvement intended, of the land to be
taken, and of the land to be assessed there
for, and shall state the time and place when
and where the council will meet to hear and
consider any objections to said report or to
the Improvement, which may be presented in
writing; said clerk shall also, within said
period, cause notices to the same effect to be
posted at points not over three hundred feet
apart along the whole line of said improve
ment; the time appointed for hearing said
objections being not less than ten days after
| the expiration of said period of two weeks
and shall also, within the said period, serve q
copy of such notice upon resident owners OF
real estate affected thereby; but the omission
of the clerk to serve such notice shall not in
validate any of said proceedings; and all OBJ
jections at such time and place. presented In
writing, the council shall consider and adju-
dictate upon, and the awards and assessments
made in said report may be corrected accord
ingly, a copy of which corrections, signed by
the chairman of the council, shall be filed
with the said clerk within twenty days after
the expiration of said period of two weeks;
II the said council shall then determine to
make said Improvement Notwithstanding
any objections to the same. the said coun-
Gil shall confirm said awards, with the cor
rections. IL any, and pass an ordinance
ordering said Improvement to be made and
completed in such manner as said coun
ell may direct, under the supervision of
said commissioners of assessments; provided,
the said council shall not proceed to make
any such Improvement If the owners of the
property subject to more than one-half of the
assessment for the Improvement shall remon-
strate against the same being made; the said
council shall also pass resolution directing
the several sums awarded to be paid to the
persons to whom the awards are made for
for real estate taken and damages sustained
in making said improvement, and upon the
passage of such resolution the fee simple of
said real estate to be taken shall be vested in
the town; provided, that where the commits
sioners shall have reported the name or
estates of the owners of any plot AS unknown,
the said resolution shall direct the sum of
the award on account of such plot to be paid
to the owners thereof when and as their
interest may appear, and any such owner or
person interested in said land may, by bill in
chancery, according to the practice of that
court, have the said sum distributed or in
whole or in part paid over to him, as law and
justice may require; after the completion of
said Improvement the said commissioners
shall ascertain and determine the actual net
cost thereof, and shall assess as hereinafter
provided such actual net cost upon the lands
specially benefited in proportion to the
| benefit received.
| 2. And be 1t enacted, That section sixty
| four of the said act be and the same is hereby
| amended so as to read as follows:
"a. And be 1t enacted. That any street OF
macadamized, paved. curbed, guttered OIL
otherwise improved, as hereinbefore pro
vided, in the following manner, viz: ON the
petition In writing of the council by the
owners of one-sixth of the lands fronting on
the street proposed to be improved, the coun
Gil shall, by resolution direct the town CLERK
to advertise such application or petition ant
| the notice hereinafter provided for, for a
least two weeks, one In each week successive
ly in the official paper of the town. or Il
there be none, in one or more newspaper
published in the county and circulating
in the town. and to post copies of the sal,
petition and notice in Ave public places II
the town, designated by the council at ieas
ten days prior to the time fixed for the hear
ing of objections to such improvements; tn
clerk shall also publish and post as aforesaid
with the petition, notice signed by hin
stating that objections In writing to said pre-
posed Improvement shall be filed with him
and designating the time and place when an
where the town council will meet to conside
} such objections. which time shall not be les
than ten days after the date of the first pull
lication of such petition and notice as afor,
said; and the said clerk shall also serve Xix
notice on the owners of property residin
J along the street or section of street SO pre-
posed to be improved, at least five days b,
fore the time designated In said notice; prt
Il alnx1 49,
set aside or affected by reason of the failur
of said clerk to serve such notice; and at o
before the time named in such notice tn
said clerk shall file in his Office afHdavit
showing that such petition and notice hav
been published and posted as herein requiI
ed; at the time named in such notice tn
council shall proceed to consider such objes
tions as shall have been presented. and If /
appear that the owners of majorit
of the land fronting on such proposed i'm
provement have objected thereto. such i'm
provement shall not be made and all cost
and expenses incurred In ouch proceeding
shall be paid by the petitioners to secur
which the council shall in all cases requir
a deposit of twenty dollars before receiy
ing any petition; and in case the owner
of a majority of the lands fronting on tn
proposed improvements have not objects
thereto, the council may, In its discretion dc
termine not to make such Improvement IL
which case the deposit made by thepetitione
or petitioners shall be returned to him O
| them; and the defeat of any ordinance 70
such improvements. introduced before tn
council. shall be conclusive as TO the determi
nation of the council not to make such i'm
provement; at any time after the time name
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