The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-10


to the same extent that they may be bound 10
keep up repair and maintain I'll Gets or alleys laid
out by other legal proceedings
III. To order and cause sewers OF drains TO be
constructed and, if necessary, to take and ap-
propriate, for the purpose Of constructing suen
drains sewers, any lands and real estate, upon
making compensation 10 the owner or owners
thereof, and to make a just ana equHaDle assess-
ment upon all The owners OF ldhu anu Ieal es.ate
peculiarly benefited thereby, IN proportion TO
the benefit each shall be deemed 70 acquire OF the
costs damages and expenses SO incurred
III 10 order and cause any street, or sectitn
of a street, TO be graded, grayeed, paved, haggeY'
or otherwise improved and regulated IN such
manner as they may deem advisable, and TO as
sess the cost and expense Of sueh improvement
upon the owners Of property benefited thereby;
ul 80 i,o,9anerF sbau any assessment for
benefits, made under the authority OF ths act,
exceed the special and peculiar Dene zen, when
the owner or owners OF sara property shah ieoeiFS
by reason Of improvement.
48. And bn it enacted. That no ordinance shal
be adopted by the common council ior maklhg
any improvement, or performing any wofk uhdeF
and by virtue OF the provision 81 the last PIE
ceding section of this act, or either OF the SUB
divisions thereof or under and by virtue Of this
act, until public notice shall be gwen OF the
intention of the common council 10 cause sueu
Improvement TO be made, OF suen Worh 70 pc pc
done or performed and to that END II shail De the
duty Of the city clerk, by direction Oh the com
mon council, TO give notice IN t"V VI ioio nc ~,
papers, published and circulated IN any such CITY,
for at least ten days, OF the intention OF me com
mon council to cause such improvement 70 DC
made, or such work to be done ana perIOfIheus
| briefly describing such work or Improvement,
and req Nesting such persons as may oDJecJ thereto
1 TO present their objections in writing, at the
| Office of the city clerk, or before day 70 be
specified in said notice. not less than ten days
/ from the time of such direction, and at any time
| thereafter the common council may proceed 70
consider SUI ordinance as aforesaid
| 40. And be it enacted, That whenever any Or
dinance shall be passed by the common councu
| for making any Improvement, or reforming any
work and by virtue OF the provisions OF TINS
act, all further acts anG proceedings which II may
be necessary for the said common coGnch 70 take
| to carry out said Improvement or work to compile
| tion and ali orders relating thereto, may De Dy
resolution and not by ordinance
so. And be it enacted, That whenever the com
| m N council shall determine, by ordinance, TO
| lay out and open any street, ROAD, hlghwaSi or
alley, public park, or square, Wlthih sdlu CITY,
or to alter, widen stral hten any street, road,
highway, or alley, or any part OF street, ROAD,
highway, or alley, or to make any sewer or urain
in any part OF said city, and TO take ana appro-
pirate tor such purpose any lands or real es-
tate, they are hereby authorized 10 treat WIN lhe
/ owner or owners thereof and make snch eOmpen-
sation therefor they shall judge reasonable, and
| thereupon shall receive from sueh owner or own
ers conveyance Of such lands ana real estate 10
the CITY and such compensation shall constitute
part OF tie whole amount OF costs, damages and
expenses to be assessed under ana IN pursuance OF
the provisions contained in this act
h 81 And be it enacted, That when the said COM
mon council cannot agree with the owner or own
ers Of sueh reuuired lands other real estate for
the same, when by reason OF the legal lncapacl-
~ n ABSENCE Of any sueh owner OF owners such
agreement can be made, it shall be lawful Tor the
board of city assessors, and they are hereby re-
quired upon application in writing Of inc SAID
common council signed by their presiding officer,
which application shall specify the improvement
and the land other real estate, with the appur-
make an estimate and assessment OF the damage
that any such owner or owners will sustain there
by, ana estimating and assessing such damage
the said board OF assessors shall nave uue IesAru
as well TO the value Of the land or other real es-
tate with the appurtenances, a. 70 tne lHyury OF
benefit OF The owner owners by the making
thereof and it shall be the duty OF SAID board OF
assessors after estimating SAID damage To assess
the amount thereof, including the suIDs which
NAV have been agreed upon as the price OF any
OF the lands other real estate TO be taken Tor
such purpose twhere agreement has been made
with the owner owneTs), and also the costs ana
expenses incurred upon all the owners OF lana and
real estate in such city peculiarly benefited there
bv in proportion as nearly may be to the advan-
tage each shsli be deemed to acquire, specifying
in such such lots or subdivision lots,
' designating the and subdivisions of land so
benefited by the letters and numbers by which they
are distinguished on the city atlas, together with
the name Of the respective owner or owners there
OF. a d the amount assessed on each lot, which
said assessment shall be embraced in the report OF
the said board OF assessors hereinafter directed 10
i, be made; ana in case where the common council
shall agree with the owner or owners OF such lands
as to the mpensaton therefor, the board OF city
assessors shall make their estimate for damages IN
, accordance herewith.
sessment required to be made by the PROVISIONS OF
this act when any land OF real estate Is taken or
condemned, the said board of assessors shall first
estimate ana assess in the manner heren required,
r the damages sustained by the owner or owners OF
lands and real estate taken therefor and after
certainIDg the amount of such damages they shall
g declare III their report thereof the cost and
D pense incurred, which shall include the damages
1 awarded and they shah thereupon at once pre-
g coed to make estimate and assessment of the
= benefits conferred by the said improvement,
quired herein, and they are hereby authorized TO
declare the damages awarded and benefits assessed
in one report, or they may make their report OF
0 the damages and benefits separately, as they may
deem best.
Y S. And be it enacted, That after the filing of
f any such report, the same shall be, at the next
D meeting OF common council presented by the city
T clerk, and the same being ratified by common
council shall be binding and conclusive upon the
, owner OF owners OF any such lands ana rea estate;
9 and the lands condemned for any such improve
] ment shall theTeupOn be and become the property
= of che city for the purposes for which the same
are condemned; provided however, that any per-
son or persons conceiying himself, herself them
$ selves aggrieved by the proceedings OF the said
g common council or OF the said board Of assessors
e 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
D tirmlng the said report; and the supreme court
n shall order trial by jury 20 assess tie damages
susta ed by the party aggrieved, the trial where
of shall be conducted AS in other cases OF trla by
jury; and the said court shall have power order
an issue framed and proper proceedings to be had
t a. And be it enacted That in case of non-pay-
r ment on demand OF any damages estimated and
assessed aforesaid, with interest, from the
the confirmation OF such assessment, in case
appeal the supreme court as aforesaid, the per-
son or persons entitled thereto may sue for
cover tine same from the said city in action of
debt with costs, in any court having cognizance
thereof and the said proceedings of the SAID com
: m ssioners ana common council or the award Of the
said jury, the may be, shall be conclusive
D evidence against the defendant; provided, how
: ever, that where benefits for any such improve
ment have been assessed against any person or
persons entitled to any award of damages, no re-
covery shah be had OF the damages awarded until
: such benefits have been paid, and it shall be law
full tor the said city to onset the benefits
tanned against the damages so awarded and if In
any case the damages awarded exceed the benefits
assessed the balance only shall be recovered; If
the benefits assessed exceed the damages awarded,
then the excess benefits may be collected the
manner hereinafter provided.
f S. And be it Enacted, That the city treasurer
f shall, under the direction OF the common council,
tender 10 the owner or OF such land
and real estate, ii resident in the said city, the
amount OF such estimate and assessment of dam
ages due to him them, and if any such owner is
not resident in said city, upon due inquiry, can
not be found therein or is a lunatic or idiot or
under age, il Tor any other lawful cause is in
capactated to receive the same OF if such owner
will not receive the same and sign proper
voucher therefor when rendered, then the said
treasury shall make affidavit OF such fact and Tile
the same with the city clerk and the common
council shall thereupon direct the amount OF such
assessment so due as aforesaid to be placed the
city treasurer for the OF the person persons
to whom il may be due; and the SAID money SO
placed in the city treasury shall be paid BY such
city to the person or persons entitled thereto on
demand, but without interest, except from the
time demand Is made ana payment after demand
refused.
S. And be it enacted, That before making any
assessment Tor benefits against any owner or own
ers of lands and real estate benefited. the said
board OF assessors shah give notice in the manner
hereEnbetUre directed OF the time and place when
and where they viii meet for the purpose of con-
sideTing the same, at which time place al. per-
sons interested therein may be heard, ana the said
board may adjourn such hearing from time to
time until they have completed the consideration
thereof and made report thereon as herein direct
ed and any person who may deem himself ag-
grieved thereby may present his objections to any
such report to the common council OF said city at
its stated meeting after the filing of such re-
port and ii the said common council 81 an refuse
TO ratify the same it shall be returned by the said
common council to the said board of assessors for
| further considerations and so from time to time
until such report shall be duly ratified and con-
| trmed.
81. And be it enacted, That, upon the ratidca-
tion of amy such assessment Of 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 two of the newspapers published
| in the said city, that such assessment has been
sessments shall draw interest from the date con-
trmation, at the rate of seven per eentum per an
mum, and with the costs of collection shall be and
! become, from the date of confirmation. a irst and
paramount lien upon the lands and real estate so
assessed. which lien shall remain until such assess
ment is paid.
| So And be It enacted. That it shall be the duty
of the collector of taxes to whom such assess
ments shall have been returned in addition to the
publication of the return thereof, to him for COL
lection herein provided far as practicable to
cause notice to be given every person assessed
| of the amount OF the assessment 30 made against
/ him or her, with the costs which have been in
! Cured in the collection of the same and fine in
/ tereSt which has accrued thereon but it, for any
reason, such notice is not given to or received by
| the person persons assessed il shall in no way
impair the right of the city TO collect the assess
ment SO made: in all cases in which the ASSESS
for the space of six months from the date Of con-
frmatiOn, it shall be lawful to collect the same by
sale of the property assessed and il shall be the
duty Of the said collector within one wear after
him, to make sale herein directed lie shall be-
fore making such sale, make advertisement there