The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04
CHAPTER CLXVII.
An Act to provide for sewerage or drainage
or both in townships.

An Act to provide for sewerage or drainage
or both, in townships.
l. he it enacted by the Senate and General
Assembly of the State of New Jersey, That
it shall be lawful for the township commit
tee of any township in tins state to cause
surveys and plans to be made for 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
estimates out of any funds under their con
troll subject to be used in paying incidental
expenses
2. And be it enacted, That it shall be lawful
for such committee, either by contract or
otherwise, to cause system of sewerage or
drainage or both, for their township, or for
any town or village herein to be constructed
and TO make provision for disposiug of sew
age in any manner not prohibited by law.
and 10 take any and all proceedings neces-
sary aud proper for supervision and pertor-
nance OF the work; provided, however, that
no contract shall be made for the actual con
structlon OF any sewer or drainage system, or
money expended or obligation created for
that purpose other than for procuring sur
Xeys, plans and estimates until the assent
thereto snail BE given in writing by the own
ers OF at least onehalf 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 1t shall be lawful
FOR the township committee to acquire by
purchase in the corporate name of the town
snip any real estate situate in such township
or elsewhere that my be necessary for the
purpose of constructing, maintaining or
operating such system of sewerage or drain
age or both. and in case the owner of any
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 writ
ing made by or ON behalf OF such committee,
ana ON such notice to the owner of such
lands or real estate, as the court may pre-
scribe to appoint three disint erested persons
n 81 IN non Nxrhn laall l=A ~
mate ana assessment OF the damages that any
such owner will sustain by the taking of the
SAID lands and real estate, with the appur-
tenances, Tor the purpose aforesaid. and said
court shall appoint proper persons to fill va
cancles in case il shall be necessary to do so:
the commissioners shall proceed under oath
TO make an impartial estimate and assessment
OF such damageSand they,or any two of them
shall make and present report thereof
10 sam court i'll writing as soon MS practi-
caple; upon the filing OF said report either
sald committee or any party interested in
SAID lands and real estate shall give notice of
an application re confirm the same, and at
the time fixed for hearing sad application
the said court shall consider said report and
any objections that may be made thereto in
summary manner, and confirm the same or
reier 1t back to the said commissioners or
other commissioners to be appointed by the
court Tor revision or alteration, and in case
the same shall be referred back for revision
another report shall be made and considered
on notice as aforesaid, aud such proceedings
continued until a report shall be made that
SAID report when confirmed by said court or
a copy thereof duly certified by the clerk of
the county, shall / plenary evidence of the
right OF the township committee to enter
upon, take aud use the said lands or real
estate, with the appur'enances, provided
said committee shall first tender TO the own
err thereof, if residing in this state the
amount 81 awarded. and if any owner is not
a resident of this state or on due in
quiry cannot be found herein, or is a luna
TIC or idiot. or under age or is for any
cause ineapacitated to receive the amount
awarded or will not receive the same aud
sign voucher or receipt therefor when ten
dered an affidavit shall be made of the facts
and filed in the office of the clerk of said
court aud the amount so awarded shall be
deposited with the said clerk, TO be disposed
OF as said court shall dill ect, and rhereupon
said township committee shall have the
right to take and use said lands aud real
estate for the purpose aforesaid provided
that the township committee, or any party
IN said lands feeling aggrieved by the decis-
ioa OF the commissioners 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 of a
petition to said court and filed with the clerk