The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-18

had been duly given in some ~neWsnsDere
printed ana published in such village, or,
II none IN such village, then in SINE news.
paper printed and published in the coun.
~ In which such village is located; and
ende lne inhabitants of such village
Oh a ma3of1ty OF them, desire such
lage IN the state of the same name as
that asked for and set out in said petf-
tion, the court may order a change Of
the name OF such village as desired in
said petition.
8. And be 1t enacted, That upon the safa
court granting the prayer of the petition
IN the last preceding section referred To.
IT nal be the duty of the clerk of said
court to record the proceedings and or
sonapIe costs of such proceedings, In
SUCH sum as may be fixed by said court,
snail be paid by the petitioners;
order of said court, the name of such
village is changed as requested in said
petition, the inhabitants of such village
corporate in fact and in law under such
new name for all the intents and pur-
poses Of his act.
shall take effect Immediately.
Approved May s. 1894.
CHAPTER cxLIx.
An Act to enable the governing body of
any oWn village or township to en-
large existing parks.
l. BE 1t enacted by the Senate and
General Assembly of the State of New
Jersey, That it Shall and NAV be law
fui for any board of commissioners, i'm
pfoYement commissioners or other gov
ernlng body of any town or village or
township in this state toenlarge any
puolc park or square existing therein
by the purchase of such additional adj
Joining lands as to such governing body
shall seem best, and to annex the part
SO purchased to said existing park, and
also to incorporate within the limits
Of any such park any street or public
highway which may separate said park
as it now exists from the property to
be purchased under the provisions Of
cost Of such an additional park prop
erty shall not exceed the sum of three
thousand five hundred dollars.
z. n be 1t enacted, That for the pur-
pose OF purchasing said additional lands
the governing body of such municipality
shall have the right to issue its tenn
such period. not exceeding five years.
as SAID board may decide to bear interest
at the rate of not exceeding five per
per centum per annum, and to be sold
for not less than par and accrued in
terest; that said municipality shall pro-
of the interest upon said temporary loan
the extinguishment of the principal
thereof when due.
3. And be it enacted, That said NUM-
cipality shall have the right toagree with
the owners or owners of such lands so
desired for the enlargement of said park,
and purchase the same at private sale,
provided they can agree upon he price
4. And be it enacted, That in case
said municipality snail be unable TO
agree with the owner or DIVERS of such
required lands for the purchase thereof,
or when by legal incapacity or absence
Of such owner or owners no such agree
ment can be made, a particular demarka-
ton of the lands so required shall be
given in writing under oath or affirmation
of some proper agent of the municipality,
and also the name or names of the own
ers or occupants. if any there be. shall
be presented to one of the justices of the
supreme court of the state, who there
ape shall cause such municipality to
give notice thereof to the persons inter-
ested, If known and in this state, or if
out of this state, to make publication
thereof as he shall direct for any period
not less than ten days; and to assign
a particular time and place for the ap-
pointment of commissioners as herein
after provided. at which time, upon salts
factory evidence to him of the service or
under his hand three Impartial and judi
publication of such notice he shall appoint
ciouS freeholders, residents in the county
in which u lands are situated, to ex-
anime and appraise the said lands and to
assess the damage upon such notice to be
given TO the persons interested, as shall
be directed by the justice making such
appointment, not less than ten days, and
it shall be the duty of the said commits
sioners (having first taken and subscribed
an oath or affirmation before some per-
son duly. authorized to administer the
SAME 1dllI4 ulty anu lulDdTIlaEN 10 e3-
anime the matter in question and to
make a true report and appraisement as
aforesaid in writing according to the best
of their skill and understanding to meet
at the time and place appointed to make
a just and equitable appraisement and
assessment thereof as aforesaid, to be
paid by the said municipality. which re-
port shall be madeunder the hands of the
said commissioners, or any two of them.
and within fifteen days thereafter, to-
gether with the description of the lands
nation as aforesaid, shall be fled in the
clerks office of the county within which
such lands are situated, to remain OF
record therein; and thereupon and on the
ymen or tender of paymnt of the
amount SO awarded to the party or par
ties entitled thereto, the said municipal
ity is hereby empowered to enter upon
and take possession of the said lands:
and all title thereto for the purpose of
which the same is taken shall upon such
payment or tender pass from the said
owners and parties interested to the said
municipality; and in case of a dispute be-
tween any owners or other parties inter-
ested to their respective rights or shares
in and to the sum so assessed or ascer-
tanned under this act, then. the said NUM-
cipality is hereby authorized to pay the
sum so assessed for the said land to the
clerk of the county in which said lands
are situated, to be paid out and dis
tributed between or among the parties
entitled to the same by the order of the
circuit court of said county upon the ap-
pIlGeStlOA VI III one OT ulOEe Oh InGIl. on
due notice TO the others; and the said JUS
tice shall upon the application of either
party, or onR reasonable notice to the
others, tax and allow such costs, fees and
expenses to the commissioners and other
persons performing any legal duty in the
premises as he shall think equitable and
right, which shall be paid by the said mus
n~icipality; and if any or all of the said
owners or other parties interested shall
be absent from this state or under any
legal ~incapacity that disqualifes them
from receiving legal payment of the
honey awarded him, her or them, then it
shall be the duty of the municipality to
pay the amount warded to such person
or persons to the clerk of thecounty in
which said and are situated. and it
shal be the duty of the said clerk to re-
ceive the same to be paid to the partiee
entitled thereto by order of the judge OF
the circuit court of the said county, upon
his, her or their application for the same.
and every and all of such payments to
the clerk, as to the municipality, shall be
equivalent to payment to the parties en-
titled thereto, and shall operate to trans
fer the title to said lands to said munich
pality as if made directly to the said par
ties; provided, always, that should the
municipality or the owner or owners feel
aggrieved by the report and award of the
said commissioners, he, she or they may
appeal from the said appraisement and
award in respect to her, his or their in
terest therein. to the next circuit court OF
the county wherein the said lands are
situated.
tn he continued