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

tue investigation and inspection OF the schools, and
e the government and the studies to be pursued
{ therein.
A. And be it enacted, That whenever the super
intendent and the board of education shall with
their annual estimate aforesaid represent to the
common council that il is expedient to buy land and
erect school house thereon, with the estimated
cost thereof the common council shall have the
power TO raise the whole or any part OF money re-
qured for such purpose either by tax TO be inclu-
ded In the IheNt general assessment for city pur-
; poses, or by loan the credit of such city and
when collected or borrowed il shall be paid over to
the superintendent of public schools, to be applied
to the object aforesaid
As And be ii enasted That the said superintend-
cut and board OF education shall, at the close OF the
fiscal year, prepare a report embracing the number
of schools under their charge specify their grades
and the number and the names of the teachers, the
number of the pupils on the roll and the average at
tendance in each school, and full and true account
of the expenditures of the board during the year.
under the respective heads of repairs of school
houses salaries of teachers and officers of the board
| school books, school furniture, school libraries
heating and fuel, and incidental expenses, and shall
transmit the said annual report To the common
council and "A copy thereof TO the state superinen-
dent of public schools.
46 And be it enacted, That the city treasurer
shall in each year from time time pay to the
said school superintendent such sum of money
shall have been ordered TO be raised by tax for the
support of public schools in such city, not required
10y the law of this state to be paid to the county col
ectOr on warrants to be signed by the said superin-
tendent and countersigned by the comptroller.
STREETS, HIGHWAYS, DRAINS, SEWERS AND ASSESS
| MENrs THEREFORE,.
A. And be it enacted, That 1t shall be lawful for
the common council of any city in this state, when
ever in their opinion the public good requires ii, by
| ordinance:
1. 70 lay ont, accept and open any street, road,
highway or alley, public park or square within said
city. and to order and cause any street, road high
way or alley already laid to be vacated straight
ened altered or widened, and to take aud appropri
ate for any such purpose when necessary any lands
and real estate upon making compensation to the
owner or owners thereof, as is hereinafter men
toned and provided and such power shall belong
exclusively to the SAID common council; aud they
may, AT their discretion, by ordinance, accept such
lands as may lie dedicated by the owners thereof As
public streets alleys, aud thereupOn shall be bound
| 10 keep up, repair and maintain the same to the
same extent that they may be bound TO keep up,
repair and maintain streets or alleys laid out by
other legal proceedings;
H. To order and cause sewers or drains to be con-
structed and If necessary, to take and appropriate,
for the purpose of constructing such drains or sew
ers, any lands and real estate, upon making conf
pensation to the owner or owners thereof, and to
make just and equitable assessment upon all the
| owners OF land and real estate peculiarly benefited
thereby, in proportion to the benefit each shall be
| deemed to acquire of the costs, damages and ex
| penses incurred
III. To order and cause any street or section of
street to be graded, graveled paved tagged other
wise improved and regulated in such manner as
they may deem advisable md to the cost and
expense of such improvement upon the owners of
| property benefited thereby; in no case however,
| shall any assessment for benefits made under the
authority of this act exceed the special and peculiar
| shall receive by reason ot Improvement.
IS. And he 1t enacted, That no ordinance shall be
adopted by the common council for making any
improvement or performing any work under aud by
virtue the provision of the last preceding section
of this act either of the subdivisions thereof or
under and by virtue of this act. until public notice
shall be given of the intention of the common coun
ell to cause such Improvement TO be made or such
work to be done and performed, and to that end II
shall be the duty of the city clerk by direction of
the common council TO give notice i'll two or more
newspapers published and circulated in any such
city, for at least ten days, of the intention OF the
common council 10 cause such Improvement TO be
made such work to be done and performed briefly
describing such work or improvement, and request
ing such persons as may object thereto, to present
their objections in writing at the office of the city
clerk before day to be specified in said nc
tice, less than ten days from the time of such
direction, and at any time thereafter the common
council may proceed to consider such ordinances as
aforesaid.
40. And be 1t enacted, That whenever any ordi-
nance shall be passed by the comm, II council for
making any improvement or performing any work
under aud by virtue of the provisions of this act, all
further acts and proceeding which II may be neces
sary for the said common council to take to carry
out said Improvement work to completion, and
all orders relating thereto, may be by resolution and
not by ordinance.
so. And be it enacted. That whenever the common
council shall determine, by ordinance, to lay out
and open any street, road, highway or alley public
park or square within said city, to alter, widen
or straghten any street, road highway or alley, or
any part of street, road highway or alley, or to
make any sewer or drain in any part OF said city,
and to take aud appropriate for such purpose any
land or real estate, they are hereby authorized TO
treat with the owner owners thereof and make
such compensation therefor rs they shall judge
enable, and thereupon shall receive from such
owner or owners a conveyance OF soch lands ana
real estate to the city, and such compensation shall
constitute part OF the whole amount of costs, dam
ages and expenses to be assessed under and in pur
suanee OF the provisions contained In this act,
81. And be il enacted That when the said o0nl-
mon council cannot agree with the owner owners
OF such required lands other real estate for the
same. or when by reason of the legal ncapacity or
absence OF any such owner or owners no such agree
| nent he made, IL shall he lawful for the board
oil city assessors and they are hereby required upon
application In writing of the SAID common council,
Signed by their presiding officer, which application
shall specify the improvement and the land or other
real estate, with the appurienances intended to be
taken for such purpose, TO make an estimate and
assessment of the damages that any such owner or
owners will sustain thereby, and in estimating and
assessing such damages the said board of assessors
shall have due regard as well to the value of the
land other real estate with the appurtenanees as
to the injury benefit of the owner or owners by
the max ing thereof aud il shall he the duty of said
board of assessors after estimating said damages, to
assess the amount thereof including the sums which
may have been agreed upon ms the price Of any of
the lands other real estate to he taken for such
purpose (where agreement has been made with the
owner or OwnersJ and also the costs and expenses
incurred upon all the owners of land aud real estate
in such city peculiarly benefited thereby in proper
ton nearly may he to the advantage each shall
be deemed to acquire, specifying in such assessment
suCh lots or subdivisions of lots, designating the
tiers and numbers by which they are distinguished
on the city atlas together with the name of the re-
spectiye owner owners thereof and the amount
assessed each lot which said assessment shall
be embraced in the report of the said board of asses
sors hereinafter directed to he made and in case
where the common council hall agree with the
owner or owners of such lands as to the compensa
ton therefor the board of city assessors shall make
their estimate for damagesin accordance herewith.
81. And be il enacted That In making every as
sessment required to be made by the provisions OF
this act when any land real estate is taken OF
Condemned the said board of assessOrs shall first
estimate and assess in the manner herein required
the damages sustained by the owner or owners OF
lands and real estate taken therefor and after aseer
tanning the amount OF such damages they shall de-
clare in their report thereof the cost and expenses
incurred which shall include the damages awarded,
and they shall hereupon at once proceed to make
estimate and assessment OF The dement's conferred
by the said improvement, as required herein, ana
they are hereby authorized to declare the images
awarded and benefits assessed in one report or they
may make their report Of the damages and benefits
separately, as they may deem best.
b. And he il enacted, That after the fi & of any
such report the same shall be, at the next meeting
of common eonnel presented by the city clerk and
the being ratified by the common council shall
be binding and conclusive upon the owner or own
ers of any such lands real estate and the lands
condemned for any such Improvement shall there
upon he and become the property Of the city for the
purpose for which the same are condemned pro-
yded, however, that any person or persons CON
eeiyibg himself herself or themselves aggreved by
the proceedings OF the said common council or OF
the said bo. I'd OF assessors in making an estimate
and assessment of damages may appeal therefr0m to
the sspreme court of this state within thirty days
after the time of the making OF the final order of
the common council confirming the said report and
the supreme court shall order trial by jury to
the damages sustained by the party aggrieyed
the trial whereof shall be conducted as in other
of trial by jury and the said court shall have power
TO order an issue framed and proper proceedings TO
be had Tor this purpose
%. And be IT enacted, That in of non-pay-
ment on demand OF any damages estimated and
assessed aforesaid with interest," from the date Of
the confirmation Of such assessment, in case of no
appeal TO the supreme court As aforesaid the person
or persons entitled thereto may for and recover
the same from the SAID city in action Of debt,
with costs, in any court having cOgnizance thereof;
and he said proceedings of the said commissioners
and common council or the award OF the said jury,
as the case may be, shall be conclusive evidence
against the defendant provided, however, that
where benefits for any such improvement have been
assessed against any person or persons entitled to
any award of Lamages. no recovery shall be had o.
the damages awarded until such benefits have been
paid aud IL shall be lawful for The said city 10 offset
the benefits ascerlained against the damages so
| awarded and il in any ease the damages awarded
exceed the benefits assessed the balance only shall
| be recovered ii the benefits assessed exceed the
| damages awarded. then the excess benefits may be
collected in the manner hereinafter provided.
So. And be IL enacted, That the city treasurer
| shall under the direction of the common council,