The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-11

with the owner or owners of such lands
as to the compensation therefor, the
board or city assessors shall make their
estimate for damage in accordance there-'I
with.
50. And be it enacted, That in max
ing every assessment required to be
made by the provisions of thissact when
any a or real estate is taken or con-
demned, the said board of assessors
manner herein required. the damages sus-
tanned by the owner or owners of lands
and real estate taken therefore,; and after
ascertaining the amount of such damages
they shall declare in their report thereof
the. cost andexpenseincurred, which shall
include the damages awarded, and they
shall thereupon at once proceed to make
an estimate and assessment Of the bene-
fits conferred by the said Improvement,
as required herein, and they are hereby
authorized to declare the damages award
ed and benefits assessed in one report,
or they may make their report of the
damages and benefits separately, as they
may deem best.
SO. And be it enacted. That after the
filing of snch report, the same shall be,
at the next meeting of common council,
presented by the city clerk, and the same
be binding and conclusive upon the own
err or owners of any such lands or real
estate; aud the lands condemned for any
such Improvement shall htereupon be-
come the property of the city for the
purposes for which the same are con-
enned provided however, that any ptr-
20tL AFP oOAAo LIB ALAoNt ~
self or themselves aggrieVed by the
proceedings of the said common counci
or of the said board of assessors in
making an estimate and assessment
of damages may appeal therefrom to
the supreme court of this state within
thirty days after the time of the MAX
ing of the final order of the common
council confirming said report and the
supreme court shall order a trial by
jury to assess the party aggrieyed, the
trial whereof shall be conducted as in
ohtef cases of trial by jury; and the
SAID court shall have power to order
an issue framed n proper proceedings
to be had for this purpose.
"a. And be it enacted That in case of
non-payment on demand of any damages
estimated and assessed as aforesaid,
with interest, from the date of the con-
firmation ofesuch assessment, in case OF
no appeal TO the supreme court as a1ore7
said, the person or persons entitled
thereto may, sue Tor ana recover inc
same from the said city in an actlon OIL
debt, with costs, in any court having
I cognizance thereof; and the said proceed,
ings of the said commissioners shall
ings of the said commissioners COM
mon council or the award OF the SAID
jury, as the case may b, Shall be CON
elusive evidence against the Defendant;
provided, however, that where beneEtS
for n such improvements have been
assessed against any person or persons
entitled to any award of damages, no
recovery shall be had of the damages
awarded until such benefits have been
paid, and it shall be loWful for the SAID
city to offset the benefits so ascertained
against the damages SO awarded; and
if in any case the damage awarded
exceed the benefits assessed the oalance
only shall be recovered; if the dement's
assessed exceed the damages awarded;
then the excess benefits may be Collected
in the manner hereinafter provided
So. And be 1T enacted, That the city
treasurer shall, under the direction OF
the common council, tender and pay to
the owner or owners of such land and
real estate, if resident in the said city,
the amount of such estimate and assess
ment of damages due to him or them,
and if any such owner is not resident in
said city, or, upon due inquiry, cannon pc
found therein, or is a lunatie or IDIOT or
under age, or if for any other lawful
cause is incapacitated to receive the
same, or if such owner will not receive
the same and sign a proper voucher
therefor when rendered, then the SAID
treasurer shall make affidavit OF such
fact, and file the same with the city
clerk; and the common council shal
sessment 50 due as aforesaid TO pc
placed in the city treasurer for for tbs
use of the person or persons to whom II
may be due; and the said money SO
placed in the city treasury shall be paid
by such city to the person or persons en-
titled thereto on demand, but without IN
tereSt. except from the time demand IS
made and payment after demand re-
fused.
S.. And be it enacted, hat before max
ing any assessment for benefits against
any owner or owners of lands and real
estate benefited the said board of as
SCISSORS shall give notice in the manner
hereinbefore directed of the time ana
place when and where they will meet for
the purpose of considering the same, at
whish time and place all persons inter,
estd therein may be heard' ana rne san SAN
time to time until they have competed
the consideration thereof and made re-
port thereon as herein directed; any any
person who may deem himself aggrleved
thereby may present his objections to
any such report to the common counell
of said city at its next stated mee5ing
after the filing of such report; and If
the said common counsi shall refuse TO
ratify the same it shall be returned BY
the said common council TO the sald
board of assessors for further considera-
ton, and so from time to time until such
report shall be duly ratified and con-
firmed.
81. And be it enacted, That, upon the
benefits, the report thereof shall be
transmitted Immediately to the officer
charged by law with the collection OF
taxes, and it shall be the duty of such
officer thereupon to give notice, IN tW9
of the newspapers published in the said
city, that such assessment has been duly
returned to him for collection; all sueh
assessments shall draw interest from the
date of confirmation, at the rate OF
seven per centum per annum, ana with
the cost of collection, be and become.
from the date of confirmation, a first
and paramount lien upon the lands ana
real estate so assessed, which lien shall
remain until such assessment is paid.
IS. And be. it enacted. That it h be
the duty of the collector of taxes 70
whom any such assessments shall nave
been returned. in addition to the publ
cation of the return thereof to him for
collection as herein provided, as far as
practicable, to cause a notice TO De gwen
10 every person assessed OF the amount
of the assessment so made against MIN
or her. with the costs which have been
Incurred in the collection of the same
and the in~terestwhich has accrued there
on: but if, for any reason, Such notlce IS
not given to or received by the person or
nersons assessed, it shall in no way I'M
pair the right of the city to collect the
which assessments so made ana returned
shall remain unpaid for the space OF SIX
months from the date of II
shall be alwfnl1 to collect the same byha
sale tof8the property assessed, ana II
shall be- the duty of tn e said collector
within one year after any such assess
fneht shall have been returned to MN
to- make sale as herein directed; he shall
before making such sale, make adyer-l
tiSementthereof in two of the newspapers
published in said city for the space of
four weeks. at least once each week..
giving notice of the time and place of
sale. together with a description of the
LOT or tract of land assessed by the let
ter or number by which it is designated
on the city atlas, and specifying the
amount of money so assessed, iald OUT
and expended on the same; and he shall
at the time and place so designated
sell the said lane and real estate at pub
lie sale for the lowest term OF years at
which any person shall agree to take the
same, not exceeding ftty years, and pay
ali other expenses incurred subsequent to
tba confirmation thereof; and thereupon