The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-20

eHldfSlnp ana eXIenuin5 tne DOWpTS VI
Incorporated towns in this state, governed
by boards of commissioners, and of GER
tain officers thereof, F." approved April six
teenth, one thousand eight hundred and
ninety-one.
1. Be it enacted by the Senate and Gen
eral Assembly of the State OF New Jersey,
That section fifteen of the act entitled An
act charging and extending the powers of
Incorporated towns in this state, governed
by boards Of commissioners, and of certain
officers thereof, " approved April sixteenth,
one thousand eight hundred and ninety-one,
be and the same is hereby amended SO as to
read as follows:
Is. And be it enacted, That streets or sec
tions OF streets shall be laid out, opened,
Strengthened, extended. widened or other
wise changed as to their boundaries in the
following manner, and not otherwise: a
| petition, in writing, signed by two or more
~freeholders, resident in the town and own
ing land in the vicinity of the improve
ment desired, shall be presented to the
board of commissioners, setting forth ac-
curately the improvement desired; n
the petitioners shall deposit with the treas
| ureI such sum of money as tho board
shall direct, being sufficient to cover the
expense incurred in case such improve
meat shall not be ordered: if the board
! shall favor the petition, the same shall be
referred to the commissioners OF assess
inent. who shall employ a surveyor, not
interested in such improvement, who shall
ttier9ilIon make a map of such improve
meat, showing the real estate to be taken
therefor, and all the property which, in the
Judgment of said commissioners of assess
ment, will be especially benefited thereby,
designating each lot and parcel on said map
by Il number; said commissioners of assess
ments shall also ascertain. as far as practical
BILE, the names Of the owners of such real es-
tate to be taken and property to be bene-
fitted, and the interest OF each of the owners
of feal estate TO be taken. and when such
names OF estate are not known they shall so
report; they shall also appraise the value of
the interest of each known owner of real es-
tate to DE taken and the damage to be done
to such owners by taking tho same; and
where the estates in any plot of land are I'M
known, they shall appraise the value Of or
the damage done to the fee simple: said conf
miSsioners OF assessment Shall also estimate
all other expenses likely, in their Judgment,
to attend to completion of the improvement;
said commissioners of Also estimate the
amount likely to be realized from the sale of
any buildings or parts Of buildings required
to be taken on account Of sur.i Improvement,
and shall also determine the probable net
cost of making the Improvement this prob
able net cost they shall then assess upon the
land to be especially benefited, in proportion
to the benefit to be received; thereupou they
shall, under their hands, make 4 report of the
\ facts ascertained and OF the appralsenlents,
estimates, determinations and assessments
made by them concerning such Improvement.
and shall file such report and their map with
the clerk of the town; thereupon the said
clerk shall cause a notice to the filing of the
said map and report to be printed in the
official newspaper of the town, or. If there be
none, in a newspaper published III the county
and circulating in the town, for the period
of two weeks, which notice shall contain a
general description OF the improvement i'll
! +opdaI If tha land IN ha %axnn and pf tba
land to be assessed therefor, and shall state
! the time and place when and where the
board of commissioners Will meet to hear
and consider any objections to said report or
to the improvement, which may be presented
in writing; said clerk shall also, within said
period, cause notices to the same effect to be
posted at points not over three hundred feet
apart along the whole line of said improve
ment, the time appointed for hearing such
objections being not less than ten days after
the expiration of such period of two weeks,
and shall also within the same period, serve
O copy of such notice upon resident owners
Of real estate affected thereby; but the
commission of the clerk to serve such
notice shall not invalidate any of such
proceedings: and all objections at such
time and place presented in writing, the
said board of commissioners shall consider
and adjudicate upon, and the awards
OF assessments made in such report may be
corrected accordingly, a copy of which cor
r~ectiOus, signed by the chairman of the
board of commissioners. Sballsbe filed with
the said clerk within twenty days after the
expiration of said period be ascertained and
! determined by the commissioners shall then
determine to make such Improvement, not
w~ithsJanding any objection to the same, the
said board shall confirm such awards, with
| corrections, if any, and pass an ordinance
ordering such Improvement to be made and
! completed in such a manner as the board of
commissioner may direct; provided, the
sgid board of commissioners shall not pro-
coed to make sch improvement if the own
ers of the property subject to more han
one-half of the assessment for the improve
ment shall demonstrate against the sam
being made; the board of commissioners
also pass a resolution directing the several
| sums awarded to be paid to the persons to
whom the awards are made for real estate
taken and damages sustained in making such
Improvement, and upon the passage of such
resolution, the fee simple of such real estate
to be taken, shall be vested in the town; pro
| vided that where the commissioners OF
assessment shall have reported the
names or estates of the owners of any
plot as unknown, the said resolution
shall direct the sum of the award on
account of such plot to be paid to the
| owners thereof when and as their in
terests may appear. and any such. owner
by bill in ~chancery, according to the
practice of that court, have the said sum
distributed, OF III whole or IN part PAID
over to him. as law and justice may re-
| quire; after the completion Of such inn
| provement, or if the board of town COM
| n~lissioners shall determine not to carry
such Improvement to completion for the
time being, then after notice of such de-
termination, such commissioners of as
sessment shall ascertain and determine
the actual net cost thereof, if completed,
and if not completed, then so far as
| completed, and shall assess, as herein
| after provided, such actual net cost upon
the lands specially benefited in proper
ton to the benefit received.
2. And be it enacted, That section
twenty-three of said act be and the same
is hereby amended SO as to read as fol-
2s. And be it enacted, That the cost
and expense of laying out, widening
opening or extending any, street or part
thereof the whole cost of any street, sew
er or other public Improvement shalt
| be ascertained and determined by the
commissioners of assessment, and such
| cost and expense shall, so far as the
| same can be, be assessed upon the lands
and real estate specially benefited by
| the Improvement in proportion to the
land shall be assessed more than 1t -
| so specially benefited; and if the total
| cost of any improvement shall exceed
tho aggregate asessable special benefits,
the excess shall be borne and paid by
the town at large; the commissioners of
assessment shall file their report with
| the town clerk, which shall be accompa-
parcels of land are specially benefit ed
BY the improvement, the amount as
| sesed as special benefits upon each lot