The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-13
THE JERSEY CITY NEWS, TUESDAY, JUNE 49, 1898.
Tie ass q 4 : FREE, public library within the c0rDor-

tile use OF q free public library within the corpor-
ate limits 81 said city Of tue second class.
trustees OF the free pubic library OF any OF city OF
the second class cannot agree vita the owner or
which said trustees may desire 10 tase. use orAoc-
cupy, or from @hicn they may desire TO take or al,
vert either III whole or in part, Tor the purposes OF
their Dulialug, or cannot agree with the owner or
owners Tor the whole or any part Of any lands as
taking, Use divorson or occupation or interest, IL
court Of IN. state, upon application OF said trus-
tee, and upon two weeks previous noilce served
in person or by leaving at the dwelling house or
us5al place OF abode Of such owner or owners, or.
IN case of absence from the stare or legal dls.
est 10 the lands in question, 10 Apo mt three disin-
terest.d commissioners, residents of the county in
which said lands are situatel, to assess and aseer
tam the value OF the lands so proposed TO be tsken,
used, ana occupied. which commissioners shall
meet 10 execute the duties Of their appoint
ment. anG snail cause two weeks noti;e thereofsto
be given TO the parties interesten therein, either
by personal service or by publication In a news
paper published in the county where such lands
may be, at which Time and place the said commits
sfoners shall meet and view the premises. and
hear the parties Interested ana lake e Shan hs VI IL
power To administer oaths or af1irmatioas, and, to
f "a 11u on f dsG% as g ei e. gay or a amy N n G ssid CT eo sas rs
sloners TO attend and perform their said duties.
another ane aala or SuOs other disintsrested person or
persons as commits ioner5 to act IN the place
and the said trustees shall make and ex-
hibit to the said commissioners at their meet
ing AIOfeSalu, lOr buo uS5 VI u pdEtleS luecroSecuB
a stasement and description in writing or BY
drawings or maps, or botn. OF the lands. by them
the use, occupation of and excavations uoon any
lands by them sought TO be made; and the said
assess tho value and damages aforesaid, and shall
execute under their bands ana seals. or the hands
and seals of a majority OF them, an award TO SAID
trustees or the lands by them sought In the state
m Ants and descriptions aforesaid. stating therein
the amount OF DAMAGES amt com pensation there
for by them assessed in favor or such owner or
aipad and filpd in fhp county cinrk'S once. and by
him recorded: provided. always, that II any re al
have given his, her or their consent in writing TO
the d versiol or 10 the taxing or sad lands
to the directions Of this ACT. shall b. injured
or damaged by the diversion or dim1nution OF
any said land, that the owner or owners
their action. to recover damages Tor such
reasons Of anything done under this act, as if this
act had not been passed; before taxing possession
bose OF MAXIM any excavation or occupation
thereof, or taking any interest in land as afore-
e osne roe or o W or in case Of absene 9 rom the
state or legal disability. shall deposit with
valne and damages so awarded; and the award of
said commissioners and the payment or tender or
deposit as aforesaid OF the same, shall vest in said
corporation the lands by them sought, described
and set forth in said statement and description, IN
veyed TO said trustees by said owner or owners
aggrieved by said assessment and awad; such
party may appeal to the next or second term OF
the circuit court OIL SAID county, ny poblIlou anu
notice III sreof served upon the opposite party two
weeks prior to such term. or published a Ike space
in q newspaper published nearest the Lands in
! question, which petition and notice 50 served
or published shall vest in said courts rui, power
to hear and determine said appeal, and, II re-
ouired, they shall award O venr for a jury TO
colne before them, who shall hear and finally de
termine the issue under the direction OF tns court,
as in other trials by jury; and it shall be the duty
of the said jury to assess the damages 10 the said
lands as above mentioned. and the value OF such
lands as shall be absolutely taken; and said court
shall have power TO order a struck jury or a jury
of view, or both, to try any such appeal, and also
to order any jury which may be empaneled and
sworn to try any sucn appeal, to view Ihe prem.
Uses in question during said trial; ana the right or
said trustees to appeal from and dispute the cor
reotness of any award shall not be waved or
taken away by The paying or rendering the amount
OF the award and taxing possession o. the land Or
exercising the RICH is covered by such award; and
in Ike manner or appeal, shall not be waived OF
lost by the acceptance or the amount SO awarded
| when rendered, and upon the final determination
OF any such appeal, the said1 court shall render
such judgement in favor of the one party and
| against the other as the right and justice of the
case nall require. and shall award 20 the party
| substantially succeeding and prevailing in said
| appeal, his, her or their costs or said appeal
against tae opposite party, and shall have power
to enforce the Judgement so rendered by, eXecu-
ton, as other jndg ements are enforced. and also by
SUM mary proceedings ana ATTACHMENTS Tor non
payment thereof.
4. And be it enacted, That this act is a public act
and that all acts end parts OF acts inco assistant
with this act be and the same are hereby repealed
and that this act shall take effect immediately.
Approved March Il, 1898.