The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-03
CHAPTER xxxvIII
An act to provide for the payment of the cost
of sewers heretofore constructed without
authority of law III borOughs and borough

of sewers heretofore constructed without
authority of law i'll boroughs and borough
l. BE II enacted by the Senate and General
Assembly of the State of New Jersey, That
whenever within the limits OF any borongh on
borough commission of this state there has
heretofore been constructed under any con
tract entered into with the common council
or other governing body of such borough or
borough commission, sewer, which has in
fact been accepted by such common council
or other governing body, and tor the CON
struction OF which there existed, at the time
of entering into such contract, no statute or
law authorizing said common council or
other governing body TO make such contract
or to pay the cost OF the construction of such
sewer out of the general funds of such DO
rough or borough commission, it shall be law
ful Tor the common council or other govern
ing body of such borough or borough com
mission within the limits OF which such
sewer may have been constructed, and they
are hereby required to pay the contract price
for such construction, together with interest
at six per centum per annum upon such con
tract price from the date when ii became due,
to The person who constructed such sewer,
his executors administrators or assigns.
2. And be it enacted, That in order to raise
the money necessary TO make such payment
us aforesaid it shall be lawful for said com
mon council or other governing body OF such
borough or borough commission TO issue the
bonds OF such borough or borough commission,
to run for period OF not more than ten years.
of such denomination rs the said common
council or other governing body may deem
proper; and bearing interest AT a rate not ex-
ceeding six per ccntum per annum and pay
able at such place as the said common coun-
Gil or other governing body may determine /;
which bonds may be negotiable and sold for
any sum not less than par, and the proceeds
thereof used TO make payment for the cost OF
constructing such sewer and interest as afore-
said and for no other purpose.
3. And be it enacted, That If, in the judg-
ment of the said common council or other
governing body, the construction of snch
sewer is likely TO benefit or increase the value
OF any lands and real estate in the vicinity
thereof, or has benefited OF increased the
thereof. the
other OVernfng body shall apply to the cir
cult court of the county wherein such borough
or borough commission is situate, tor The ap
pointment OF three commissioners to estimate
and assess such benefits, OF the time and place
of which application notice shall be given by
ten days publication IN two newspapers
printed or circulating in suck borough or
borough commission, at which time and place,
or at such other time and place rs the court
shall designate said court shall, without UNI
necessary delay, appoint three disinterested
commissioners, who shall be treeholders and
residents of the county but not residents of
the borough or borough commission making
the application. to estimate and assess the
said benefits; the sand court shall have power
TO remove any commissioner and appoint
another in his place and ltlsO to I'LL any vac
uncy that may occur in the office OF any conf
missioner from any cause.
4. And be il enacted, That the said commits
siOners, before entering upon the execution
Of the duties required OF them by this act
shall take and subscribe before some person
duly authorized to administer the same, an
oath or affirmation that they VIII make all es
Inmates required OF them Idllty, legally ana
equitably, according to the best OF tneiI skill
and understanding, which oath or affirmation
shall be attached TO the report that they are
hereinafter required to make.
3. And be il enacted That the said commits
stOners, having thus qualified, shall give no
tiee nnder the direction OF the said court, of
the time and place when and where they Will
hear any persons IN interest who may present
themselves to be heard. and at such time and
puce, and at sucn other times and places, to
which they may adjourn for that purpose; the
said commissioners shall attend and shall give
a public hearing 10 those persons in interest
who may desire TO be heard bhe sitlu commas
sioners shall have power to examine witnesses |
under oath, to be administered by any one OF |
them, and 10 enter upon ana view any prem |
Uses that they deem necessary, and to adjourn |
from time TO time ut their discretion, or AS di |
rected by said court; they shall use d1ligent |
efforts 10 ascertain the names OF the owners OF |
the lands and real estate benefited by the con- |
$ truction OF such sewer as aforesaid, and shall |
state the same in the report hereinafter men
toned; but the failure TO so ascertain the |
name of any such owner, or to state the same I
or the omission of any such name
from the said report shall not be deemed To
inVaIidate the said assessment nor to be a bar
to the collection of the same.
g. And be il enacted, That after having Civ
en- opportunity as aforesaid for public hear
ing OF the pei sons in interest, ana having
viewed the premises likely. in their Judgm ent,
to be benefited by the construction Of such
sewer the said commissioners shall make a re- |
port in writing OF their estimates and assess
ments to the said court, accompanied by
survey and map, prepared by a practlcal sur
veyor or engineer, under their direction,
showing the lots or parcels OF land ana real
estate peculiarly benefited by such sewers the
said report shall state the cost of the whole
work, the portion, If any, assessed upon the
borough or borough commission at large, and
shall give the names, so far rs ascertalned, of
The owners OF the said lots OF parcels OF land
md real estate, and the amount of the assess
nent to each owner for each OF such lots or
parcels Of land and real estate tor the said ben
stits, which assessment shall in each case be
N proportion, or near rs may be- to the ad.
vantage which each OF such owners shall be
leemed to have acquired by the construction
If such sewer; in case the costs and expenses /
# such work shall exceed the amount OF said /
the excess thereof shall be paid by
he borough or borough commission AT large d
md raised by general tax in no case shall I
my property or owner thereof be assessed be- $
5ond the amount of benent actually derived |
rom the construction of such sewer. I
T. And be 1t enacted, That upon the coming
n OF any such report, signed by the said com a
hall cause such notice to be given AS IL shall s
leem proper of the time and place OF herring o
nv objections that may be made TO such as {
and after hearing any matter that Y
nay be alleged against the same the said court. Il
ither by rule or order, shall confirm the said v
eport, or shall refer The same to the same {
tor revision and correction, or b
o new commissioners to be appointed by the /
AID court forthwith, TO reconsider the subject T.
natter thereof ana the said commissioners to !
ghom such report shall be so referred by the +
ourt shall return the same corrected and re- r
ised, or a new report TO be made by them in f
he premises, to the said court without UNI ( q
ecessary delay, and the same, being 50 re II
urned, shall be confirmed or again referred a
v the said court In the manner aforesaid, as & n
fight ana Justice shall require, and so, from b
line to time until u report shall be made or a
eturned in the premises which the said court Il
hall confirm; such report, when so confirmed, d
hall be final and conclusive as well upon the 81
aid borough or borough commission as upon p
he owner of the lands and real estate affect ii
d thereby; the said court shall thereupon Is
ause certified copy of such report and the n
accompanying map to De transmidtea TO the b
18th certified copy OF the rule or order OF q,