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

pOrated towns in this state, governor ~
boards Of commissioners, and of certain on
GERS thereof approved April sixteenth one
thousand eight hundred and ninety-one.
l. BE it enacted by the Senate ana General
Assembly of the State OF New Jersey hdg
section fifteen of the act entitled " An act en-
larging and extending the powers OF lnGofpoI-
ated towns in this state, governed. by p9aras
of commissioners, and OF certain oIHceIs
thereof approved April sixteenth, one lh0u-
sand eight hundred and ninety-one, be ana lie
same is hereby amended so as to read as iol-
lows
IT, And be it enacted That streets or sec
tions of streets shall be laid out, opehed'
Strengthened extended, widened or otherwise
changed as to their boundaries IN the IoIloW-
ing manner, and not otherwise: petItl0n' IN
writing, signed by two or more treeholdeIs' /
residents in the town and owning Land IN the
vicinity of the improvement desired, shdu oe
presented to the board of commissioners, set
ting forth accurately the Improvement De
sired; and the petitioners shall deposit WIN
the treasurer such sum OF money as the
board shall direct, being sufficient to cover
the expense incurred in case such improve |
ment shall not be ordered; If the board sltli
favor the petition the same shall be referred
to the commissioners of assessment, VINO Sllall
employ II surveyor, not interested in Such mn
proVement, showing the real estate to be taken
| therefor, and all the property winch III tlle
| Judgment of said commissioners OF assessment,
will be especially benefited thereby, designat-
| ing each lot and parcel on said map by mum,
| Der; said commissioners of assessments snail
also ascertain, us far practicable, the names
| of the owners of such real estate to be taken
and property to he benefited, and the interest
of each OF the owners Of real estate 10 ne llktll
and when such names or estate are not known
they shall so report they shall also appralSe
| the value of the interest of each known owner
of real estate to be taken and the damage to
! be done to such owners by taking the same;
and where the estates in any plot of land are
unknown, they shall appraise the value OF or
| the damage done to the fee simple; said com
mssioncrs of assessment shall also estimate
all other expenses likely, in their judgment, to
attend to completion OF the Improvement;
Il in
| estimate the amount likely to be realized from
| the sale of any buildings or parts of buildings
required To- be taken on account Of such
| Improvement, and shall also determine the
probable net cost of making the Improvement;
| this probable net cost they shall then assess
upon the land TO be especially benefited, IN
| proportion to the benefit to be received;
| thcreupUn they shall, under their hands make
a report of the facts ascertained and of the
| appraisements, estimates, determinations ana
snsessmentS made by them concerning such
| improvement, and shall file such report and
f! their map with the clerk of the town; there
upon the said clerk shall cause notice of the
! tling of the said map and report to be printed
| in the official newspaper Of the town, or. II
| there be none, in q newspaper published in the
county and circulating in the town, for the
| period of two weeks, which notice shall con-
| tain general description Of the improvement
| intended, of the land to be taken, and Of the
| land to he assessed therefor. and shall state
the time and place where the board of com
missioners will meet to hear and consider any
objections to said report or to the improve
| meHE. winch may he presented IN WrltlNGs
said clerk shall also. within said period, cause
| notices to the same effect to be posted at
points not over three hundred feet apart along
| the whole line of said improvement, the time
appointed for hearing such objections being
not less than ten days after the expiration of
| such period of two weeks, and shall also with
in the same period serve IA copy OF such notice
upon resident owners of real estate affected
| thereby; but the omission of the clerk to
| serve such notice shall not inValidate any
| of such proceedings; and all objections at
| presented
said board of commissioners shall considerand
adjudicatc upOn,and the aMardsof assessments
made in such report may be corrected accord
ingly, copy of which corrections, signed by
| the chairman of the board Of commissioners,
shall be filed With the said clerk within
| twenty days after the eN piratiou of said period
| be ascertained and determined by the COM
missianers shall then determine To make such
| improvement, Notwithstanding any objections
| to the SAINT, the said board shall confirm such
awards, with corrections, il any, and pass an
| ordinance ordering such Improvement to be
| Iuade and completed in such II manner us the
| board OF commissioners may direct; provided,
| the said board of commissioners shall not pro-
coed 10 make such improvement if the owners
of the property subject to more than onc-half
of the assessment for the Improvement shall
| demonstrate against the same being made; the
| board of commissioners shall also pass reSOlu-
ton directing the Several sums awarded to
be paid To the persons to whom the awards
are made for real estate taken and damages
sustained in making such Improvement,
and upon the passage Of such resolution,
shall be vested in the town; provided, that
where the commissioners of assessment shall
| have reported the names or estates of the own
ers OF any plot as unknown, the said resolution
shall direct the sum of the award on account
of such plot 10 be paid to the owners thereof
when and as their interests may appear; and
any such owner or person Interested in such
| lands may, by bill in chaucery, according to
the practice of that court, have the said sum
distributed, or in whole or in part paid over to
| him, as law and justice may require; after the
completion of such Improvement, or, il the
board of town commissioners shall determine
not to carry such Improvement to completion
| for the time being, then after notice Of such
determination, such commissioners of assess
ment shall ascertain and determine the actual
net cost thereof, If completed, and If not com
pleted, then so far as completed. and shall as
sess, as hereinafter provided, such actual net
cost upon the lands specially benefited in pro-
portion TO the benefit received.
| . And be it enacted, That section twenty
three of said act be and the same is hereby
amended so as to read aS follows;
-. And be IL enacted, That the cost and eX-
| pense of laying out, widening, opening, or
extending any street part of street, and
after the completion thereof the whole cost of
any street, sewer or other public improvement
| shall be ascertained and determined by the
commissioners of assessment, and such cost
and expenses shall, so far as the same can be,
be assessed upon the lands and real estate
especially benefited by the improvement in
proportion TO the benefit received; and no lot
| or parcel of land shall be assessed more than
| ii is specially benefited ; and if the total
cost of any improvement shall exceed the
| aggregate assessable special benefits the ex
cess shall be borne and Maid NV the town m
large: the commissioners of assessment shall
file their report with the town clerk. which
| shall be accompanied bv n man showing what
lots and parcels of land are especially bene-
J fitted by the Improvement. the amount as
sessed as special benefits unon each LOT or
marcel of land and the names of the owners of
| The several lots and parcels of land assessed
so far ms the commissioners of assessment can
ascertain the same, and the amount IF any of
the excess of the cost of the Improvement
over the aggregate assessable special benefits
but no assessments shall be deemed detective
Inv reason of any mistake in the names of the
owners of land assessed, or emitting the said
names of any of them: the clerk shall publish
and most notices in the same vay and manner
hereinhefore prescribed for publishing ana
nesting the petition for the IMPROVEMENT aud
It's accompanying notice. stating that the map
and report Of the commissioners of assess
ment have been filed in his office. and that the
board of commissioners will consider any
objections to such report map and assessment
presented in writing ON or before a day named
In such notice to be fixed by the board of
commissioners, which day shall be AT least
ion DAYS after the first publication of such
notices : after CONSIDERING such report man
aud assessment and such objections as may
have been presented against the same the
said board of commissioners may confirm
such report, map and assessment, or. if
deemed necessary may return the same to the