The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-24
LAWS OF New JERSEY.
BY AUTHORITY
CHAPTER OIJX

supplement- to an act entitled San act enlarging
and extending the powers of incorporated towns in
this state, governed by boards Of commissioners,
and OF certain officers thereof" approved April six
tenth, one thousand eight hundred and ninety
/. Be it enacted by the Senate and General Assem-
bly, OF the state Of New Jersey That section fifteen of
the act entitled IAN act enlArging and extending
the powers OF incorporated towns in this state gov
erned by boards Of commissioners and Of certain Of
hcers thereof" approved April sixteenth. thous-
and eight hundred and ninety-one be and the same
is hereby amended so as to read as follows:
Is. And be it enacted That streets sections of
streets shall be laid out opened, Strengthened,
tended wideued otherwise changed to their
boundaries in the following manner, and not other
wise: petition in writing, signed by two more
freeholders resident in the town and owning land in
the vicinity of the improvement desired shall be pre-
sented to the board Of commissioners setting forth
accurately the Improvement desired; and the petit
TONERS shall deposit with the treasurer such OF
money the board shall direct being sufficient to
cover the expense incurred in such improvement
shall not be ordered If the board shall favor the pc
tition the sha be referred to the commission
of assessment who shall employ q surveyor, not
interested In such Improvement, who shall thereupon
make map OF such improvement, showing the real
estate to be taken therefor and all the property which,
ment, II be especially benefited thereby designat-
ing each lot and parcel said map by number;
said commissioners Of assessment shall also ascertain
as far ~ practicable the names OF the owners of such
real estate to be taken and property to be benefited
and the interest of each OF the real estate
to be taken, and when such names estate not
known they shall report they shall also appraise
the value of the interest OF each known owner OF real
estate to be taken and the damage to be done such
owners by taking the saei and where the estates in
any plot of land unknown, they shall appraise
the value Of or the damage done to the fee simple;
said commissioners OF assessment shall also estimate
all other expenses likely in their Judgment attend
to completion OF the improvement; said commits
sioners of ssment shall also estimate the amount
likely to be realized from the sale Of buildings
parts of buildings required to be taken on account
such improvement, and shall also determine probable
net cost of making the improvement this probable
naf NrultnI
especially benefited In proportion to the benefit to
be received thereupon they shall under their hands
make report OF the facts asoertained and of the ap
prasements, estimates, determinations and assess
ments made by them concerning such improvement,
and shall file such report and their map with the
clerk OF the town: thereupon the said clerk shall
notice OF the filing Of said map and report to
be printed in the official newspaper Of the town, or
if there be none, in newspaper published in the
county and circulating in the town for the period of
two weeks, which notice shall contain a general de
scription Of the Improvement intended of the land
TO be taken and OF the land to be assessed therefor
and shall state the time and place when and where
the board of commissioners will meet to hear and
consider any objections to said report to the i'm
provement, which may be presented In writing said
clerk shall also within said period cause notices to
the same effect 10 be posted at points not three
hundred feet apart along the whole line of said i'm
proyement. the time appointed for hearing such OBJ
ections being not less than ten days after the expira
ton Of such period OF two and ball also within
resident owners of real estate affected thereby but
the omission of the CLERK to such notice shall
not invadate any of such proceeding and all objec
tons at such time and place presented In writing,
the said board Of commissioners shall consider and
adjudicate upon, and the awards of made
in such report may be corrected accordingly copy
of which corrections, signed by the chairman of the
board Of commissioners. shall be nled with the said
clerk within twenty days after the expiration of said
period be ascertained and determined by the com
missioners shall then determine to make such i'm
provement, notwithstanding any objections to the
same, the said board shall confirm such awards with
corrections, II any, and pass ordinance ordering
such improvement to be made and completed in such
a manner rs the board of commissioners may direct;
provided the said board of oners shall not
proceed to make such Improvement II the owners of
the property subject to than half Of the
sessment for the improvement shall demonstrate
against the same being made the board Of commits
sioners also pass resolution directing the several
awarded to be paid to the persons to whom the
awards made for real estate taken and damages
sustained in making such improvement and upon
the passage Of such resolution the fee simple such
real estate TO be taken shall be vested in the town;
provided, that where the commissioners Of assess-
mept shall have reported the estates of the
owners OF any plot unknown, the said resolution
shall direct the Of the award on account of such
plot to be psid to the owners thereof when and
their interests may appear; and any such or
person interested In such lands may. by bill in chan
eerv according TO the practice OF that court have the
said distributed. I'm whole In part psid
10 him, as law and Justice may requires after the
town commissioners shall determine not to carry |
such Improvement 70 completion for the time being
then after notice Of such determination. such com
migsionere OF assessment shall ascertain and deter
mine the actual net cost thereof IL completed and II
not completed then so far completed aud shall /
assess az hereinafter provided such actual net cost
upon the lands specially benefited in proportion 10
the benefit received.
O. And be 1t enacted That section twenty three of
said act be and the same is hereby amended so as to
read follows:
~ And be II enacted. That the cost and expense
OF aging ont, widening, opening or extending any
street or part OF street. and after the completion
thereof the whole cost Of any street, other
public improvement shall be ascertained and deter
mined by the commissioners OF assessment and such
cost and expense shall, far the same be,
sessed upon tho lands and real estate specially bene
nted by the improvement In proportion to the beneht
received and no lot parcel Of land shall be assessed
more than IT specially benefited and II the total
of any Improvement shall exceed the aggregate
aasessa BILE special benefits the shall be borne
paid by the town az large the commissioner OF
lssessent shall file their report with the town clerk
which shall be accompanied by map showing what
ote and parcels OF land specially benefited by the
Improvement the amount assessed rs special benefits
Ipon each lot parcel OF land and the names of tho
Of the several lots and parcels OF land assessed
70 far the commissioners of assessment can ascer