The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04

upon have fun power to hear and determine
the same, and to direct a proper issue for the
trial thereof, and TO order a jury to be struck
and 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 in the same manner as other issues in
said court are tried. and the costs of said ap-
peal shall be taxed and paid as said court
may direct
4. And be it enacted, That it shall be lawful
for such township committee to issue prom
lSsory notes or certificates OF Indebtedness of
the township in order to raise money to pay
for any land or other property required for
the construction of such sewer system, aud
10 pay the cost of constructing the same
provided, that no such note or certificate of
Indebtedness shall bear interest at "A higher
rate than six per ceutum per annum, nor be
disposed OF for less than its par or face value
ana all such no. eS or certificates of indebted
ness shall be made payable within two years
from and after the beginning OF the work
that at the maturity of said notes or certif
Gates OF lnueDt edneSs, said township commit
tee shall issue either registered or coupon
bonds of the township for so much of the
Cost or such sewer or drainage system as
small not at that time have been collected by
means of assessments for special benefits
such bonds shall be authenticated by the cor
porate seal OF the township and the sigma
ture oil the chairman of the township COM
mIttee, and the coupons thereto annexed. if
any, shall be authenticated by the autograph
or engraved signature in fac smile OF the
treasurer OF the township committee SAID
bonds Shall be made payable within thirty
years from their date but part of the issue
may be made payable at different times ana
no bond shall be sold for less than par and
snail not bear interest at a higher rate than
SIN per centum per annum.
.. And he it enacted That as soon as said
sewer system shall be constructed the town
ship committee shall cause public notice to
be given i'll one or more newspapers of the
county circulating in the township where
such system Is located, and by posting notices
IN hve OF the most public places in said town
s1lp OF an application o be made on a certain
day and place therein named at least ten
days subsequent to the publication and post
ing OF said notice, to said circuit court for
the appointment of three discreet and disin-
terested freeholders as commissioners to
make an assessment of the cost and expenses
OF such Improvement, and such circuit court,
on due proof hat such notice has been given,
shall appoint three commissioners as afore-
said by order entered in the minutes there
Of and may appoint one or more persons to
NIL vacancy or vacancies in case of neces-
sty upon like notice and the commissioners
so appointed shall, before entering upon the
duties of their Office. take, subscribe aud file
in the Office of the clerk of the county an oath
faithfully to discharge their duties as such
commissioners, and shall thereupon give ten
days notice, by publication in one or MOI G
newspapers published or circulating i'm the
township, and by notices posted in at least
hve OF the most public places therein, that
they viii meet ut a convenient time aud place
III said township, named in said notice, for
the purpose of dlschargiDg their duties,
and at the time and place SO appointed the
SAID commissioners shall meet and proceed
to examine the matters referred TO hem and
may adjourn from time to time, and shall
give a hearing to all parties interested and
an opportunity to produce evidence before
them in support OF objections and any of said
commissioners may administer oaths and
take dispositions OF witnesses who shall be
offered 10 give testimony in regard to the
matter; and thereupou they shall forthwith
proceed to ascertain the total cost and ex
penScS Incurred by the construction of such
sewer sysi EN-, including also all interest or
discounts paid on any notes, certificates or
Obligations issued on account thereof and
after aScertaintng HE otal amount OF such
cost and expenses. they shall proceed to make
Il Just and equitable assessment thereof, or "
part thereof, on the lands and real estate
specially benefited by such Improvement, in
proportion to the special benefits actually
conferred thereby; provided, that in no case
shall the assessment upon any lands exceed
the special benefit conferred by such i'm
provement TO the land so assessed. and III
case the said commissioners shall deter
mine that the lands specially benefited by
said Improvement have not been so bene-
fitted TO the full extent of the cost and ex
penses thereof the surplus OF such cost and
expenses shall be paid taxation.
g. And be il enacted. That tine commission
ers. upon completing their assessments, shall
cause map to he made showing the lots so
assessed, and snail designate the same by
numbers, and the names of the owners so far
as they may be known 10 the commissioners :;
and they shall make certi6cate showing the
whole amount of such assessments with the
amount assessed against each. of said lots by
reference to the numbers thereof on said
map. with I he names of the owners sci Op-
posite thereto, as far as they may be known
to said commissioners and within thirty
days thereafter they shall make report OF
their proceedings aud assessments to the cir
cult court, or within such further time Is
SAID court may grant, ana upon the coming
in Of said report signed 10y said commission
ers, or any two of them said court shall di-
rect notice to be given in the manner pre-
scribcd in the hfth section of this act OF IA ?
time and place of hearing any objections
that may be made to such assessments, aud
after hearing any matter that may bc alleged
against the same the said court shall either
confirm the said report or refer il TO the
same or other commissioners, to he appoint
ed by the court to consider the subject mat
ter thercoi the said commissioner to whom
the said report shal! be SO referred shall re.
turn the same report. corrected and revised
or n new report to he by them made in the
premises TO the said court within such
time as he said court shall by order direct,
and the same. on being so returned,
shall he confirmed or again referred by said
court in manner aforesaid as right and
just ice shall require. aud so from time TO
time until report shall be made or returned
in the premises which the said court shall
confirm; aud such report whcu so confirmed
shall he final and conclusive, as we'll MS upon
the said township as upon the owner of any
land and real estate effected thereby; which
said map and report when finally confirmed
by said court, shall be filed in the Office of he
clerk OF the county wherein SAID improve
ment is situate, and a copy certified by the
said clerk shall be given TO the collector of
the township. and such report, map and copy
shall at all reasonable and proper time be
subjected to the examination and inspection
of all parties interested in the same; and
from and after the fling of said map and
report in the Office of said clerk, and ASSESS
mcnts shall be and remain a first and para
mount liet upon he lots so assessed for the
amounts thereof, respectively, with interest
at six per centum from the time OF such
filing, and all costs and fees thereon, until
the same shall be paid and satisfied. notwith
standing any devise, descent or alienation
thereof or any judgment mortgage or en-
cumbrance thereon, and Notwithstanding
any mistake in the name or names of the
owners, or omission to name the owner or
owners thereof, and any assessment in which
such mistake or omission occurs shall.
nevertheless be valid ana enectual lien
upon the lands assessed.
T. And be il enacted. That the assessments
so imposed shall be collected by the same oili-
Ger or officers and at the same time and in
the same manner that taxes are or may he
collected IN the township where such i'm
provemcnt is made; provided, that the owner
of any lot or tract of land so assessed may
pay the assessment thereon, with int erest, in
equal yearly payments, not exceeding ten
as the township committee may det eImine, in
case such owner shall file with the clerk of
the township an agreement in writing, to be
approved by the township committee, stat
ing the number of installmentS by which he
will nay the same, and each installment shall
be collected at the same time and in the
manner and by the same officer or olhcers
that taxes are or may be collected in the
township, but any person may pay the whole
of such assessment, with Interest at one time;
all moneys collected for or on account OF
such assessments. and interest thereon, shall
he set apart and used exclusively for the pay
ment or purchase of notes, certificates or
obligations that may have been made, issued
or incurred by the township committee to
raise money 10 pay the cost of said improve
mcnt-
g. And be it enacted, That in any proceed
ing.under this act necessary or prop n TO be
had or taken by any township committee, 1t
snail be lawful tor such committee to act or
proceed by resolution, and said committee
may fix and prescribe the terms and manner
by which connections with said sewer system
may be made, and shall maintain SAID system
in good order and may make extensions
thereof from time to time when necessary
provided that i'm case any extensions are
made commissioners shall be appointed 10
make assessments of the cost, or part OF the
cost thereof in the manner herein provided;
and any such assessments shall he collected
i'm the manner herein provided; the compen-
sation OF ali commissioners appointed III plir-
suance of this act shall be fixed by the court
i'm which they shall he appointed and paid by
the township committee.
o. And be it enacted, That two or more
Townships by their committees, may enter
into a contract TO obi ain plans, surveys ana
estimates of the cost of, and to construct an
outlet or trunk sewer. or TO provide plant
ar works for collecting or diSpOSlng OF sew