The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-24
CHAPTER CLxvII.

CHAPTER CLXvH.
An Act toprovide for sewerage or drainage,
or both, in townships.
l. Be it enacted by the Senate and General
Assembly of the State OF New Jersey, That
il shall be lawful for the township committee
of any township in this state to cause surveys
and plans to be made for a system of sewer
age or drainage or both. for the township, or
for any town or village therein, and to obtain
estimates of the cost of constructing the
same, and to pay for such surveys and plans
and the cost OF obtaining such estimates out
OF any funds under their control subject to
be used in paying incidental expenses.
p And be it enacted, That 1T shall be lawful
for such committee, either by contract or
otherwise, to cause system of sewerage or
drainage, or both, for their township, or tor
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 necessary and
proper tor supervision ana performance of the
work; provided, however. that no contract
shall be made for the actual construction of
any sewer or drainage system, or money eX-
pended or obligation created for that purpose
other than for procuring 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 p preceding, ac-
cordng to the tax duplicate of such ear
3. And be it enacted That 1t shall be law tul
for the township committee to acquire by pur-
chase in the corporate name of the township
any real estate situate In such township or
elsewhere that may be necessary for the pur-
~
ting such system OF sewage or drainage, or
both, and in case the owner of any such real
estate and said committee cannot agree upon
the price or terms Tor 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 committee and on such
notice to the owner OF such lands or real es
tate, as the court may prescribe, to appoint
three disinteTeSted persons as commissioners,
who shall make estimate and assessment of
the damages that any such owner will sustain
by the taking OF the said lands and real estate,
with the appurtenances, tor the purpose afore
said, ana said court shall appoint proper per
sons TO fill vacancies in case 1t shall be neces-
saTy to do so; the said commissioners shall
proceed under oath to make an impartial es-
innate and assessment of such damage, and
they, or any two OF Them shall make and pre-
sent report thereof, to said court In writing
as soon as practicable; upon the filing OF said
report either said committee or any party in
terested in said lands and real estate shall
give notice of an application to confirm the
same, and ut the time fixed for hearing said
application the said court shall consider said
report ana any objections that may be made
thereto I'm summary manner, and confirm
the same or refer 1t back to the said commits
sioners or other commissioners TO be APP
pointed by the court for 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, and such
proceedings continued until report shall be
made that said court shalt be willing to con-
rrm, and said report when confirmed by said
court or a copy thereof duly certified by the
clerk of the county, shall be plenary evidence
OF the right of the township committee to en-.
ter upon, take and use the said lands or real
estate, with the appurtenances provided said
committee shall first tender to the owner
thereof, II residing in this state the amount
so awarded, and II any owner Is not resident
of this state, or on due inquiry cannot be
found herein, or is a lunatie or idiot or under
age, or is for any cause incapactated to re-
ceive the amount awarded, or will not receive
the same and sign voucher or receipt there
tor when rendered, an AFFIDAVIT shall be made
OF the facts and filed in the Office OF the clerk
court.
shall be deposited with the said clerk to be |
disposed of as said court shall direct, ana
thereupon said township committee shall have !
the right to take and use said lands and real |
estate for the purposes aforesaid; provided |
said lands, feeling aggrieved by the decision |
of the commissioners, NAV 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 petition to |
said court and filed with the clerk thereof and /
notice OF appeal shall be given TO the opposite /
party or parties within ten days thereafter, |
and said court shall thereupon have full |
power to hear and determine the same and to |
direct proper issue for the trial thereof, and |
to order jury to be struck and view of the |
premises to be had; said issue shall be tried ut |
the next term OF said court. or Mt any subse- /
quent term to which the same may he adj !
journed, upon like notice and in the same |
manner as other issues in said court are tried,
and the costs OF said appeal shall be taxed and |
paid us said court may direct
4. And be 1t enacted, That II shall be lawful /
for such township committee to issue promis-
the township in order TO raise money to pay
tor any land or other property acquired for
the construction OF such sewer system, and /
TO pay the cost of constructing the same; pro
vided. that no such note or certificate of in
shall bear interest at higher rate
than six per centum per annum, nor he dis
posed of for less than It's par face value,
and nil such notes or certificates OF indebted
ness shall be made payable within two years
from and after the beginning OF the work;
that mt the maturity of said notes or certifi-
Gates OF Indebtedness, said township commit
tee shall issue either registered or coupon
bonds OF the township for so much of the cost
Of such sewer or drainage system as shall
not ut that time have been collected by means
Of assessments Tor special benefits; such
bonds shall be authenticated by the corporate
seal OF the township ana the signature OF the
chairman of the township committee. and the
coupons thereto annexed, ii any, shall be au-
5henticated by the autograph or engraved
signature IN fac smile OF the treasurer OF the
iownship committee; said bonds shall be
made payable within thirty years from their
late but part OF the issue may be made pay
able at different times and no bond shall be
sold tor less than par ana shall not bear inter
'st at higher rate than six per centum per
lnnum.
g. And pe It enacted, That as soon as said
ever system shall be constructed the town
hip committee shall cause public notice TO
De given I'm one or more newspapers OF the |
county circulating in the township where
uch system is located, and by posting notices
n five of the most public places in said town
,hip of an application to be made on a Ger
lays subsequent TO the publication and post
ing OF said notice, to said circuit court for the
appointment OF three discreet ana disinter-
asted freeholders as commissioners TO make
IN assessment OF the cost and expenses of
such improvement, ana such circuit court, on
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