The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-07

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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 a period of not more
than ten years, Of such denomination as the
said common council or other governing
body maysdeem proper and bearing interest
at a rate not exceeding six per centum per
annum and payable at such place as the said
common council or other governing body
may determine; which bonds may be nego-
table aud 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 aforesaid 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 such
Is likely to benefit or increase the
value of any lands and real estate in the
vicinity thereof, or has benefited or increased
the value thereof, the said common council
or other governing body shall apply to the
circuit court Of the county wherein such
borough or borough commission is situate,
for the appointment of three commissioners
to estimate and assess such benefits, of the
time aud place of which application notice
shall be given by ten days publication in
two newspapers printed or circulating in
such borough or borough commission, at
which time and place, or at such other time
and place as the court shall designate, said
court shall. without unnecessary delay, ap-
point three disinterested commissioners, who
shall be freeholders 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
said court shall have power to remove any
commissioner and appoint another in his
place and also to I'LL any vacancy that may
occur in the Office of any commissioner from
any cause.
4. And be it enacted, That the said com
missioners, before entering upon the execu-
tion of the duties required of them by this
act, shall tax and subscribe, before some
person duly authorized to administer the
same, an oath or affirmation that they will
make all estimates and assessments required
of them fairly, legally and equitably, accord
ing to the best of their skin and understand
ing, which oath or affirmation shall be at
tached to the report that they are herein
after required to make.
5. And be it enacted. That the said com
missioners, having thus qualified, shall give
notice, ander 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 place, and at such other times and
places, to which they may adjourn for that
purpose. the said commissioners shall attend
and shall give a public hearing to those per-
sons in interest who may desire to be heard;
the said commissioner shall nave power to
axamine witnesses under oath, to be adj
ministared by any one of them, and to enter
upon and view any premises that they deem
necessary. and to adjourn from time to time
at their discretion, or as directed by said
court; they shall use diligent efforts to
ascertain the names of the owners OF tho
lands and real estate benefited by the con-
struction of such sewer as aforesaid, and
shall state the same in the report hereinafter
1.k AL Ns1,.1 100 Ar4
the name of any such owner or to state the
same correctly. or the omission of any such
name from the said report shall not be
deemed to invalidate the said assessment nor
to be a bar to the collection of the same
9. And be it enacted, Tha after having
given opportunity as afoWsa1d for a public
hearing of the persons in interest, and hav-
ing viewed tine premises likely, in their judg-
ment, to be benefited by the construction of
such sewer, the said commissioners shall
make a report in writing of their estimates
and assessments to the said court, accom-
panied by a survey and map, prepared by a
practical surveyor or engineer, under their
direction, showing the lots or parcels of land
and real estate peculiarly benefited by such
sewer; the, said report shall state the cost of
the whole work, the portion, if any, as
sessed upon the borough or borough commits
sion at large, and shall give the names, so
far as ascertained, of the owners of the said
lots or parcels of land and real estate, and
the amount of the assessment to each owner
for each of such lots or parcels of land and
real estate for the said benefits, which as
sessment shall in each case be in proportion,
as near as may be, to the advantage which
each of such owners shall be deemed to lave
acquired by the construction of such sewer;
in case the cost and expenses of such work
shall exceed the amount of said benefits, the
excess thereof shall be paid by the borough
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by general tax; in no case shall any prop
erty or owne thereof be assessed beyond the
amount of benefit actually derived from the
construction of such sewer.
7. And be it enacted, That upon the com
ing of any such report, signed by the said
commissioners, or any two of them, said
court shall cause such notice to be given as
it shall deem proper of the time and place of
hearing my objections that may be made to
such assessment. and after hearing any mat
ter that may be alleged against the same the
said court, either by rule or order, shall con-
firm the said report. or shall refer the same
to the same commissioners for revision and
correction, or to new commissioner to be
appointed by the said court forthwith, to re-
consider the subject matter thereof, and the
said commissioners to whom such report
shall be so referred by the court shall
return the same corrected and revised, or a
new report to be made by them in the
m to the said court without I'M
necessary delay. and the same, being so
returned, shall be confirmed or again re-
ferred by the said court in the manner afore-
said, as right and justice shall require, and
so, from time to time, until a report shall be
made or returned in the premises which the
said court shall confirm; such report, when
so confirmed, shall be finol and conclusive
as well upon the said borough or borough
commission as upon the owners of the and
and real estate affected thereby; the said
court shall thereupon cause a certified copy
Of such report and the accompanying map to
be transmitted to the clerk of said borough
or borough commission, with q certified copy
of the rule or order of said court confirming
the same, which shall be forthwith delivered
bv the said clerk to the officer of such
with the duty of collecting assessments for
improvements.
s. And be it enacted, That no eertiorari
shall be allowed in any court to review any
OF the proceedings in relation to such i'm
provement, nor to in any way affect any as
essmen made by said commissioner after
the lapse of thirty days from the making OF
the order of the court confirming such as
sessment; the court shall designate what
notice, if any, shall be given, by publication
or otherwise, of the confirmation of the re-
port of said commissioners.
8. And be it enacted, That all assessments
made under the provisions of this act shall
be and remain a first lien upon all the lands
of the confirmation of the report by the
court as aforesaid, Notwithstanding any
error or omission in stating the name or
names of the owner or owners of any lot or
parcel of such land or real estate, in the
same manner and to the same extent that