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


town, village or township to enlarge exist
ing parks
Assembly of the State of New Jersey, That
it shall and may be lawful for any hoard of
commissioners, improvement commissioners
or other governing body OF any town or vii
lage or township in this state to enlarge any
public park or square existing therein bv the
purchase of such additional adjoining lands
as to snch governing body shall seem best
and to annex the part so purchased to saiu ex-
listing park and also TO incorporate within
the limits of any such park any street or pub.
lie highway which may separate said mark 40
IT now exists from the property to be mr.
chased under the provisions of this act: pro
vided, however that the cost OF such AN adj
ditional park property shall not exceed the
sum of three thousand We hundred dollars.
9 And be it enacted, That for the purpose
of purchasing said additional lands the GOV
ernlng body OF such municipality shall have
! the right to issue its temporary loan bonds or
notes, TO run Tor such period. not exceeding
five years, AS said board may decide to hear
interest at the rate OF not exceeding five per
centum per annum. and to be sold for not less
than par ana accrued interest: that said mu-
ncipality shall provide by taxation for the
paymentof the interest upon said temporary
loan bonds or notes from year to year and for
the eXtingnishment of the principal thereof
when due.
B. And be it enacted, That said munieipali-
ty shall have the right to agree with the own
er or owners of such lands so desired for the
enlargement OF SAID park and purchase the
upon the price to be paid therefor
4. And be it enacted, That in case said mu-
nicipality shall be unable to agree with the
owner or owners of such required lands for
the purchase thereof, or when by legal inca.
pacity absence OF such owner or owners
no such agreement can be made. a particul lr
description OF the lands 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 owners or oc-
cupants, if any there be. shall be presented TO
one of the justices OF the supreme court of
this state, who thereupon shall cause such
municipality to give notice thereof to the
persons interested i: known and in this state
or If unknown and cannot be found or III ont
of this state, to make publication thereof AS
he shall direct for any period not less than ten
days; and to assign particular time and
place for the appointment Of commissioners
hereinafter provided, mt which time upon
satisfactory evidence to him of the service or
publication of such notice. he shall apnOint
under his hand three impartial and iudicious
freeholders, res! dents in the county in which
such lands are situated, to examine and APP
praise the said lands and to assess the DANA
ges upon such notice to he given to the per
sons interested, a. shall be directed by the
Justice making such appointment, not less
than ten days, and il shall be the duty of the
sa i'd commissioners (having first taken and
subscribed an oath or affirmation before some
person ulyauthOriZed to administer the same,
faithfully and impartially to examine the mat
ter in question and to make a true reporG and
appratsement as aforesaid in writing accord
ing TO the best of their skill and understand
ing) 10 meet at the time and place appointed
to make just and equitable appraisement
and assessment thereof as aforesaid, TO be
paid by the said municipality which report
commissioners, or any two OF them and within
fifteen days thereafter, together with the de-
scription OF the lands and the appointment
and paths or affirmation as aforesaid shall be
filed I'm the clerks office of the county within |
which such lands are situated to remain of
record therein: and Uhereupon, and on the
payment or tender of payment OF the amount
so awarded to tue party or parties entitled
thereto, the said municipality is hereby en-
powered 10 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 paYusht Oh oehuei pass rom the salC
owners ana parties interested to the said |
municipality; and in case OF "a dispute between
any owners or other parties interested to
their respective rights or shares in and to the |
sum so assessed or asccrtained under this act, (
then the said municipality is hereby author |
lied to pay the sum so assessed for the said |
land to the clerk or the county in which said |
lands are situated, To be paid out and distrib- /
uted between or among the parties entitled /
to the same by the order OF the circuit court |
of said county upon the application of any |
one or more OF them, on due notice TO the /
others and the said justice shall upon the
OF either party, or on reasonable /
notice to the others, tax and allow such costs. |
fees and expenses to the commissioners ana /
other persons performing any legal duty in /
the premises as he shall think equitable ana I
right, which shall be paid by the said munich /
pality and II any or all of the said owners or
other parties interested shall be absent from
this state or under any legal incapacity that i
disqualifies them from receiving legal pay I
ment or The money awarded him, her or them,
then il shall be the duty OF the municipality to
pay the amount awarded to such person or /
persons TO the clerk of the county in which I
said lands are situated, and IL shall be the |
duty of the said clerk TO receive the same to
he paid to the parties 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 pay
ments TO the clerk, rs to the municipality,
shall be equivalent to payment to the parties
entitled thereto, and shall operate to transfer
the title to said lands to said municipality as
If made directly to the said parties 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 apprafse-
ment and award in respect TO her, his or their
interest therein, to the next circuit court of
the county wherein the said lands are situated.
And be IL enacted That every aDpeaf
from the appraisement and award % the com
shall be made in the torn of Pc
tition TO the said court, ana notice thereof
shall be given to the other parties within fif
teen days after the filing OF the commission
ersi report ana award, which proceeding shall
vest in the circuit court full authority, power
and jurisdiction to hear ana determine The
question OF the value OF the land and dam
ACES sustained. II any; ana thereupon the SAID
court shall direct n proper issue to he framed
between the parties for the trial of the slid
question, and order a Jury of twelve men 10
be struck for the trial OF the same and n view
Of the premises TO be had by them; ana the
said issue shall be tried upon the like notice
and in the like manner as other issues of fact
In said court are tried; and il shall be the duty
Of the SAID jury to assess the value OF the land
IN question, ana the damages sustained, ii
any; and the party or parties appealing shall
recover costs II he, she, il or they shall sue
,eed at the trial on appeal in changing the
valuation or assessment of the land in ques-
lion and the damage in his, her, their or its
favor, and shall pay costs, IL he, she, it or they
,hall fail 90 TO do but no appeal shall prevent
.he municipality from taking the land upon
1iing the commissioners report and award
md payment, or tender TO the parties of the
AMOUNT thereof, hereinbetore provided,
md party accepting from the municipality
he amount of the award Of the commissioners ,
n his favor shall not thereby waive his APP
PEAL; that upon the verdict of the jury fixing !
he value OF the land and damages the court
hall enter Judgment Tor the amount thereof, !
With or without Interest and costs, according
@ the provisions of this act and the princi- !
lies OF law applicable 10 the trial or similar \
ssuos in other cases. ana the Judgment so !
uttered shall be the sum which the owner or /,
,wners and other parties interested are en-
titled TO have from the municipality for the !
aid land and damages, and may be enforced i
n manner and form similar to other cases In .
which Judgment Ia pronounced in said COURT =
nd when the commissioners award il paid !
" the municipality into court, MS herenbe. !
ore provided, and an appeal - taken ana 4
Judgment is afterwards pronounced on the .
-erdict IL shall be the duty OF the court TO .
rder the money so paid into court applied 10 g
he payment OF the said Judgment and the !
urplus. ifnny, repaid to the municipality. 4
d. And be 1t enacted, That this act shall take i
fleet Immediately. l.
Approved May 8. 1894