The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-21
CHAPTER CLXVII.
An Act to provide for sewerage or drainage,
or both, in townships.

CHAPTER CLXVII.
An Act to provide for sewerage or drainage,
or both, in townships.
/. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
it shall be lawful for the township committee
of any township in this state to cause sur
veys and plans to be made for a system of
sewerage or drainage. or both, for the town
ship, or for any town or village therein, and
to obtain estimates of the cost of construct
ing the same, and to pay for such surveys
and plans and the cost of obtaining such es-
Inmates out of any funds under their control
subject to be used in paying incidental ex-
penses.
And be it enacted, That it shall be lawful
for such committee, either by contract or
otherwise, to cause a system OF sewerage or
drainage, or both, for their township, or for
any town or village therein to be constructed,
and to make provision for disposing of sew
age in any manner not prohibited by law,
and to take any and all proceedings neces-
sary and proper for supervision and per-
formance of the work; provided, however,
that no contract shall be made for the actual
construction of any sewer or drainage Sys-
tenn, Or money expended or obligation
created for that purpose other than for pro-
curing surveys, plans and estimates, until
the assent thereto shall be given in writing
by the owners of at least one-half in value
of the real estate in such township subject to
taxation by township officers in the year
then next preceding, according to the tax
duplicate of such year.
3. And be it enacted, That it shall be law
full for the township committee to acquire by
purchase in the corporate name of the
ship any real estate situate in such township
or elsewhere that may be necessary for the
| purpose of constructing, maintaining or
operating such system of sewerage or drain
a ro- mr. fofh ouH in nnSa tho nXuOnr of N
such real estate and SAID committee cannot
| agree upon the price or terms for sale of said
| property, it shall be lawful for the circuit
| court of the county in which said lands and
real estate are situate, on application IN
| writing made by or on behalf of such COM
mittee, and on such notice to the owner of
such lands or real estate, as the court may
prescribe, to appoint three disintereSted per
SONS as commissioners, who shall make an
| estimate and assessment of the damages that
any such owner will sustain by the taking OF
the said lands and real estate, with the ap
| purtenances, for the purpose aforesaid, and
said court shall appoint proper persons TO
fill vacancies in case it shall be necessary to
do SO; the said commissioners shall proceed
under oath to make an impartial estimate
and assessment of such damage, and thay,
or any two of them, shall make and present
a report thereof, to said court in writing as
soon as practicable; upon the filing of said
| report either said committee or any
party interested in said lands and
real estate shall give notice of
an application to confirm the same, and at
the time fixed for hearing said application
the said court shall consider said report and
any objections that may be made thereto in
a summary manner, and confirm the same or
refer it back to the said commissioners or
other commissioners to be appointed by the
court for revision or alteration, and in case
the same shall be referred back for revision
another report shall be made aud considered
on notice as aforesaid, and such proceedings
continued until a report shall be made that
said court shall be willing to confirm, and
said repstr when confirmed by taid court, or
o thereof duly certified by the clerk Of
the county, shall be plenary evidence of the
right of the township committee to enter
upon, take and use the said lands or real es-
tate, with the appurtenances, provided said
committee shall first tender to the owner
thereof, if residing in this state, the amount
SO awarded, and if any owner is not a resident
of this state, or on due inquiry cannot be
found herein. or is a lunatic or idiot. or under
age, or is for any cause incapacitated to receive
the amount awarded, or will not receive the
same and sign a voucher or receipt therefor
when rendered, an affidavit shall be made of
the facts and filed in the office of the clerk
of said court, and the amount so awarded shall
be deposited with the said clerk, to be disposed
of as said court shall direct, and thereupon
said township committee shall have the right
to take and use said lands and real estate for
the purposes aforesaid; provided, that the town
ship committee, or any party in said lands,
feeling aggrieved by the decision of the com
missioners, may appeal to the next circuit
court of the county wherein said lands are
situate; and every such appeal shall be made
in writing in the form or a petition TO SAID
court and filed with the court thereof, and
notice of appeal shall be given to the oppo-
site party or parties within ten days thereafter,
and said court shall thereupon have full power
to hear and determine the same, and to di-
rect a proper issue for the trial thereon, and
to order a jury to be struck and a view of
the premises to be had; said issue shall be
tried at the next term of said court, or at any
subsequent term to- which the same may be
adjourned, Upon like notice and I'M the same
MANNER as other issues IN said court are tried
and t~he3eosts of said appeal shah be taxed and
paid as said court may direct. }YH @''
And be- it enacted. That 1T shall be
lawful for such township committees to
issue pTomissory notes or e~eptlficates Of
/ raise money to pay for any land or other
property acquired for the construction OF
such sewer system, and to ayth cost
\ of constructing the same: provided, that
no such note or, certificate of indebted
ness shall bear interest at a higher rate
that six per centum per annum, nor be
disposed of for less than its par or face
value, and all such notes or certificates
of Indebtedness shall be made payable
within two years from and after the be-
ginning of the. work; that at the matur-
ity of said notes or certificates of in
d~ebtedness, said township committee
shall issue either registered or coupon
bonds of the township for so much of the
cost of SUI sewer or drainage system
as shall not at that time have been
collected by means of assessments for
special benefits: such bonds shall be
authenticated by the corporate seal of
the township, and the signature of the
chairman Of the township committee,
and the coupons thereto annexed, if any,
shall be authenticated by the autograph
or engraved signature in fac simile
of the treasurer of the township cCm-
mittee; said bonds shall be made q
able within thirty years from their date,
but part of the issue may be made pay
able at different times; and no bond h
be sold for less than par, and shall not
bear interest at a higher rate than six
p ercentum per annum. rf
5. And be it enacted, That as soon
as said Nsewer system shall be con-
structed the township committee shall
cause public notice to be given in one
or more spa of the county
circulating in the township where such
system is located and by posting notices
in FIVE of the most public places in said
township of an application to be made
on a certain day and place therein
named, at least ten days subsequent to
the publication and posting of said notice,
to said circuit court for the appoint
ment of three discreet and disinterested
~freeholders as commissioners to make an
assessment of the cost and expenses of
such Improvement, and such district
court, on dus proof that such notice has