The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-06-27

may deem proper; and bearing interest at
rate not exceeding six per centum per an
mum and payable at such place as the said
council or other governing body
may determine; which bonds may be nego-
table and sold for any sum not less than par,
and the proceeds thereof used to make pay
ment for the cost of constructing such sewer
and interest as aforesaid and for no olhei
purpose.
g. And be il enacted, That II, in the judg |
ment of the said common council or other |
governing body, the construction of such t
sewer is likely to benefit orincrease the value |
of any lands and real estate in the vicinity |
thereof, or has benefited or increased the
value thereof, the said common council OF
other governing body shall apply to the Cir
cult court of the county wherein such Dor
ough or borough commission is situate, Tor
the appointment of three commissioners 70
estimate and assess such behetitS of the time
and place of which application, notice shall
be given by ten days publication III TWO
newspapers printed or circulating III Such
borough or borough commission at which
time and place, or at such other time ana
place as the court shall designate said court
shall, without unnecessary delay, appoint
three disinterested commissioners, who shat
be freeholders and residents of the county but
not residents of the borough or borough com
mission making the application, to estimate
and assess the said benefits; the said court
shall have power to remove any commits
sioner aud appoint another in his place ana
also to I'LL any vacancy that may occur IN the
Office of any commissioner from any cause,
| L. And be it enacted, That the said commits
soners, before entering upon the execution
of the duties required OF them by this act
shall take and subscribe, before some person
duly authorized to administer the same an
| oath or affirmation that they will make all
estimates and assessments required OF them
| fairly, legally and equitably, accounting 10 tue
best of their skill and understanding, when
oath or affirmation shall be attached to the
report that they are hereinafter required 10
make.
5. And be il enacted, That the said commits
siOnerS having thus Qual1ited, shall give no
tice under the direction of the said court, OF
the time and place when and where they VIII
hear any persons in interest VINO may preseh.
themselves To be heard. and at such time ana
place and at such other times ana places, 10
which they may adjourn for that purpose;
the said commissioners shall attend ana shati
give public hearing to those persons IN IN
tterest who may desire to he heard; the sula
commissioners snail have power TO examine
| witnesses under oath, to be adlnlnlst ereu ny
any one of them and to enter upon and view
any premises that they deem necessary, ana
10 adjourn from time to time nj then discre,
ton, or as directed by said court they shall
use diligent efforts to ascertain the names OF
the owners of the lands and real estate hene-
fitted by the construction of SUCH sewer as
aforesaid and shall state the same IN ne re-
port hereinafter meutionedi but the nature
TO so ascertain the name OF any such owner
or to state the same correctly. orthe omission
of amy such name from the said report shall
not be deemed to invaidatc the said assess
ment nor to be Il bar to the collectlon Oh tue
same. go ,.
g. And be II enacted, That after having
piyen opportunity as aforesaid for a public
hearing of the persons i'll interest, ana AFTER
having viewed the premises like Y, i'll their
Judgment, to he benefited by the eonstrue-
lion of such sewer the said comm aSioners
shall make Il report in writing OF their esil'
mates and assessments 10 the said court ac-
companied by survey and map, prepared by
II practical surveyor and engineer Under
their direction showing the lots or parcels
OF land and real estate peculiarly pehehtel
by such sewer the said report shall state tue
cost of the whole work. the portion, II any
assessed upon the borough or borough com
mission af large and shall give the names, SC
VasaH a. nn nj
| lots or parcels Oh land and real estate, and
! the amount of the assessment 10 each owner
. for each of such lots or parcels OF lana ant
1 real est ate for the said benefits which assess
: ment shall In each case be in proportion a.
l near MS may be- to the advantage which eacl
J OF such owners shall be deemed TO have &c
uuired by the construction of such sewer; IL
l case the costs and expenses OF sucn Worf
shall exceed the amount of said dement's tn
excess thereof shall be paid by the borough
s or borough commission at iarg ana falset
hy general tax; in no case shall any properly
! az owner thereof be assessed beyond the
amount of benefit actually derived from Tho
construction of such sewer.
e. Aud be ii enacted, That upon the com
ing in of any such report, signed by the salt
commissioners, or any Two OF tn ,,,n sai y
: shall deem proper of the time and place o
Q hearing any objections that may be made tt
such assessment, and after hearing any mat
| Ter that may be alleged against the same tbs
t said court, either by rule or order, shall con
+ firm the said report or shall refer the SAINT
- to the same commissioners IOI IcNlSlOll Hii'
/ correction, or to new commissioners to beap
q pointed by the said court forthwith, to re
: consider the subject matter thereon, and IN
commissioners TO whom such report shall b
q so referred by the court shall return the sam
{ corrected and revised, or new report TO d
4 made by them in the premises, TO the sii1
4 court without unnecessary delay, ana IN
!. same, being so returned, shall be confines
\ | or again referred by the said court in tn
manner aforesaid, us right ana justice shai
G require and so, from time to time, until
n rpbort shall be made or returned in tn
q premises which the said court small eonfrn
u such report, when so confirmed, snail ne nnt
: or boroii8h com issi8R III nboh TIE 8@hef
J. of the lands and real estate affected thereby
G the said court shall thereupon cause II Ger
e titled copy OF such report and the accom-
S panying map to be transmitted 70 the cler lI
b II certified copy of he rule or order of sat
Y court confirming the same, which shall b
+ forthwith delivered by the said clerk TO TIN
} officer of such borough or borough com
e mission charged with the duty of collecting
assessinen for improvements.
, &. And be ii enacted, That no certioTar
; shall be allowed in any court to kcView AM
of the proceedings In relation to such i'm
proVement, nor TO in any way affect any MS
sessment made by said commissioners afte
the lapse of thirty days from the making o.
the order OF the court confirming such assess
ment; the court shall designate what notice
/ if any, shall be given, by publication or other
, wise. of the confirmation of the report Of
: said commissioners.
0. And he it enacted. That all assessments
|
he and remain first lien upon all the landi
and real estate affected thereby from the timt
of the confirmation OF the report 10y the couri
as aforesaid, Notwithstanding any error oil
omission III stating the name or names of tho
owner or owners of any lot or parcel OF sucl
land or real estate, IN the same manner ant
to the same extent that taxes are liens upon
lots or tracts of land In such borough or Dor
ough commission, which assessment shall
bear interest at the rate OF six per centnn
per annum, and shall become due and pay
able within six months from the date of suci
confirmation; provided however that the
owner of any lot or parcel OF land so assessed
may pay the amount of the assessment i'm
posed upon such lot or parcel of land. if nc
so elect, in ten equal yearly payments, with
interest thereon from the date of the conlir
nation of the report, nj the rate OF SIX per
ccntum per annum, the first payment TO be-
come due in six months from the confirma-
tIon OF said report and the remaining nine
payments becoming due at successive periods
of one year after the first payment; provided,
further, that If any partial payment shall not
be paid when due. then the whole amount of
such assessment, will all arrearages OF inter
est shall forthwith become due and payable;
provided further that II the owner or own
ers of any lot of land in said borough or
borough commission shall have herct ofore
paid any sum OF money for or on account of
any assessment which may have been i'm
posed upon said lot Of land for the cOnst rue
ton OF said sewer the said payment so made
shall be applied to or credited on account OF
any assessment which may be made against
| the said lot of land under the provisions of
| this act and any surplus of said money which
| shall remain after making said appropriation
| or credit Ms aforesaid shall be repaid To the
said owner or owners who shall have paid the
| same, or TO hie, her or their heirs, executors,
administrators or as ians as he case may be.
TO- And be ii enacted That the said ASSESS
ments and all arrearages of Interest shall be
| collected by the sale OF the lands upon which
the said assessments are imposed, In the same
manner that lands now are or hereafter may
be sold in such burough or borough commits
sion for the collection of delinquent taxes
under the laws applicable to such borough or
| borough commission.
| II. And he IL enacted, That the prov sons
| of this act shall be applicable to and binding
| upon any borough or borough commission
now In existence whose form of local gov
eminent may have been altered or modified
since the making OF any contract under
which any sewer may have been constructed
and accepted, whether such construction and
ncceptanc were under the supervision Of the
common council or other governing body ex-
lating under the present or the preceding
form of local government.
~ And be 1t enacted That each commits
sioner performing services under this act
shall be entitled 10 receive from the borough
or borough commission five dollars for each
day he shall be net ually engaged In the per