The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04

argement of said park, and purchase the same
a. private sale, provided they can agree upon
the price TO be paid therefor.
4. And be it enacted. That in case said nut
shall be unable to agree with the /
owner or owners of such required lands for the |
purchase thereof or when by legal incapacity |
or absence of such owner or owners, no such |
agreement can be made, a particular descrlp-
tion of the lands so required shall be gwen IN |
writing under oath or affirmation OF some |
proper agent of the municipality, and also the
name or names of the owners or occupants, II |
any there be, shall be presented TO one of the
justices of the supreme court OF tins state, VINO
thereupOn shall cause such municipality 70
give notice thereof TO the persons Interested, If
known and in this state, or If unknown or can
not be found. or il out of this state. 10 make
publication thereof as he shall direct for any
period not less than ten days; and to assign
particular time and place for the appointment
of commissioners as hereinafter provided, at
which time. upon satisfactory evidence to INN
of the service or publication OF such notice nc
shall appoint under his hand three impartial
and judicious freeholders, residents III the
county IN which such lands are situated, TO
examine and appraise the SAID lands ana TO
given TO the persons interested, as shall be
directed by the justice making such appoint
ment, not less than ten days and il shall be
the duty of the said commissioners thaving
first taken and subscribed an oath or afirna-
ton before some person duly authorized TO
administer the same, faithfully and lmpaft-
tally to examine the matter III question and to
make a true report and appralsement as atore-
said in writing according to the best of their
skill and understanding to meet at the time
and place appointed to make a just and equl-
table apprasement and assessment thereof, as
aforesaid, to be paid by the said municipality,
which report shall be made under the hands
of the said commissioners, or any two of them,
and within fifteen days thereafter, together
with the description of the lands and the APP
pointment and Oaths or affirmation as at0fe-
said. shall be filed in the clerk S office of the
county Within which such lands are situated,
to remain of record therein; and thcreupon,
and on the payment or tender OF payment OF
the amount awarded to the party or par
ties entitled thereto. the said municipality
is hereby empowered to enter upon and
take possession of the said lands and all
title thereto for the purpose of which the
same is taken shall upon such payment or ten
der pass from the said owners and parties in
teTeSted to the said munlcipaltyi ana III case
of a dispute between any owners or other
parties interested to their respective rights or
shares in and to the sum 50 assessed or ascer-
tanned under this act, then the said municipal
lty is hereby authorized to pay the sum 50
assessed for the said land to the clerk of the
county in which said lands are situated, to be
paid out and distributed between or among
the parties entitled to the same by the order
of the circuit court of said county upon the
application of any one or more Of them, ON due
notice to the others; and the said justice shall
upon the application of either party, or on
reasonable notice to the Others tax and allow
such costs, fees and expenses to the comnls-
sioners and other persons performing any
legal duty in the premises as he shall think
equitable and right, which shall be paid by
the said municipality; and II any or all OF the
said owners or other parties interested shall
be absent from this state or under any legal
ncapacity that disqualites them from receiy-
ing legal payment of the money awarded him,
her or them, then it shall be the duty OF the
municipality to pay the amount awarded to
such person or persons to the clerk of the
county in which said lands are situated, ana
it shall be the duty of the said clerk to receive
the same to be paid to the parties entitled
thereto by order of the judge of the circuit
l - Al ant nor
application for the same, and every and all OF
| such payments to the clerk, IT'S to the munici-
pality, shall be equivalent to payment to the
parties entitled thereto, and shall operate to
transfer the title to said lands to said munich
pality as If made directly TO the said parties;
provided, always, that should the municipal
| ity or the owner or owners feel aggreved by
| the report and award Of said commissioners,
he, she or they may appeal from the said APP
prasement and award in respect to her, his or
their interest therein to the next circuit court
of the county wherein the said lands are sit
uated.
:. And be il enacted, That every appeal from
the appraisement and award of the commits
siuners shall be made i'll the form of n petition
| to the said court, and notice thereof shall be
| given to the other parties within fifteen days
after the filing of the commissioners report
and award, which proceeding shall vest IN the
circuit court full authority. power and juris-
diction to hear and determine the question of
| the value of the land and damages sustained
| il any; and thcrcupOn the said court shall di-
| rect a proper issue to be framed between the
parties Tor the llltll OF Iitt Sititi anu
order II jury of twelve men TO be struck for the
| trial of the same, and a view OF the premises
| to be had by them; and the said issue shall be
| tried upon the like notice and III the like man
uer as other issues of fact and in said court
are tried and il shall be the duty of the said
jury to assess the value of the land in question,
aud the damages sustained, II any; and the
party or parties appealing shall recover costs,
If he, she ii or they shall succeed at the trial
ON appeal in changing the valuation or assess-
ment Of the land in question and the damage
In his, her, their or its favor, and shall paN
COSTS if he, she il or they shall fail so to do;
but no appeal shall prevent the municipality
from taking the land upon filing the commits
sioners' report and award and payment. or
tender to the parties of the amount thereof, as
hereinbefore provided and party accepting
from the municipality tie amount Of the
award of the commissioners in his favor shall
not thereby waive his appeal that upon the
verdict of the Jury fixing the value of the land
and damages the court shall enter judgment
for the amount thereof, with or without inter-
est and costs, according to the provisions of
this act, and the principles of law applicable
to the trial of similar issues in other cases,
and the Judgment so entered shall be the sum
which the owner or owners and other parties
Interested are entitled to have from the niu-
nicipalty for the said land and damages, and
may be enforced in manner and form similar
to other cases in which Judgment Is pronounced
in said COURT and when the commissioners
award is paid by the municipality into court,
as hereinhcforc provided, and an appeal is
taken and judgment is afterwards pronounced
to order the money SO paid into court applied
10 the payment of the said Judgment and the
surplus, il any, repaid to the municipality.
g. And be il enacted, That this act shall take
effect Immediately.
Approved May 9, 1891