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

UTUPT EWIGTFU ImImWTes TneTgOT, and
may appoint one or more persons to fill va
cancy or vacancies in case of necessity upon
like notice, and the commissioners so appoint
ed shall, before entering upon the duties of
their office, take, subscribe ana file in the
Office of the clerk of the county an oath faith
fully to discharge their duties as such com
missioners, and shall thereupon give ten days
notice, by publication in one or more news
papers published or circulating in the town
ship and by notices posted in at least five of
the most public places therein, that they Will
meet at a convenient time ana place in said
township, named in said notice. for the pur-
pose OF dischargfng their duties, and at the
time and place so appointed the said
commissioners shall meet and proceed to ex-
anime the matters referred to them, aud may
adjourn from time to time and shall give n
hearing to all parties interested ana an oppOr-
tunity to produce evidence before them in
support of objections and any OF said COM
m1Ssioners may administer oaths and take
dispositions of witnesses who shall be offered
to give testimony in regard to the matter;
and thereupon they shall forthwith proceed to
ascertain the total cost and expenses incur
red by the construction of such sewer sys-
tenn, including also all interest or discounts
paid on any notes, certificates or obligations
issued on account thereof ana after ascer.
tanning the total amount of such costs and
expenses, they shall proceed to make just
and equitable assessment thereof, OF OF part
thereof, on the lands and real estate specially
benefited by such Improvement, in proper
ton to the special benefits actually conferred
thereby; provided, that in no case shall the
assessment upon any lands exceed the spe
cial benefit conferred by such improvement
to the land so assessed, and in case the said
commissioners shall determine that the lands
specially benefited by SAID Improvement have
not been so benefited to the full extent OF
the cost and expenses thereof the surplus oil
such cost and expenses shall be paid by taxa
ton.
6. And be it enacted, That the commission
ers, upon completing their assessments, shall
cause map to be made showing the lots so as.
sessed, and shall designate the same by num-
bers and the names of the owners so far as
they may be known to the commissioners
ana they shall make a certificate showing the
whole amount of said assessments, with the
amount assessed ag ainst each, of said lots by
reference to the numbers thereof on said map
with the names OF the owners set onnosife
thereto, as tar as they may he known to said
commissioners, and within thirty-days there
after they shall make report of their pro.
ceedfngs ana assessments to the circuit court,
or within such further time as said court may
grant, and upon the coming in of said report
signed by said commissioners or any two of
them, said court shall direct notice to be given
in the manner prescribed in the fifth section
of this act of the time and place of hearing
any objections that may be made to such
assessments, and after hearing any matter
that may be alleged against the same the said
court shall either confirm the said report or re
fer IL to the same or other commissioners, to
be appointed by the court, to consider the
subject matter thereof; the said com mission
ers TO whom the said report shall be so refer
red shall return the same report corrected
and revised, or a new report to be by them
made In the premises to the said court within
such time the said court shall by order di-
rect, and the same on being so returned shall
be confirmed or again referred by said court
in manner aforesaid, as right and justice shall
require, and so from time to time until re-
port shall be made or returned in the premises
which the said court shall confirm; and such
report when so confirmed shall be final and
conclusive, as well upon the said township as
upon the owner OF any land and real estate at
tected thereby; which said map and report
when finally confirmed by said court, shall be
filed in the office of the clerk of the county
wherein said Improvement is situate, and a
copy certified by the said clerk shall be given
to the collector of the township, and such re-
port, map and copy shall at all reasonable and
proper time be subject to the examination
and inspection ofall parties interested in the |
same; and from and after the filing of said |
map and report in the office of said clerk said |
assessments shall be and remain a first and |
paramount lien upon the lots so assessed for |
the amounts thereof, respectively, with inter-
est at six per centun from the time OF such FL |
ing. 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 encum-
brance thereon, and Notwithstanding any mis-
take in the name or names of the owners, or
omission to name the owner or owners there /
OF, ard any assessment in which such mistake
or omission occurs shall, nevertheless be a
valid and efectual lien upon the lands asses
sed
4 And be it enacted That the assessments
officer or officers and at the same time and in
the same manner that taxes are or may
Improvement is made; provided, that the
owner OF any lot or tract OF land so assessed
may pay the assessment thereon, with inter-
est, In equal yearly payments, not exceeding
ten, as the township committee may deter
mine, In case such owner shall file with the
clerk of the township an agreement in
writing. to be approved by the town
ship committee, stating the number
OF instalIments by which he will pay
the same, and each installment shall be
collected at the same time ana in the same
and by the same officer or officers
Ihat taxes are or may DC collected IN the
township, but any person may pay the whole
Of such assessment, with interest, at one time;
all moneys collected tor or on account of such
assessments. and interest thereon, shall be set
apart and used exclusively for the payment
OF purchase of notes, certificates or obliga-
lions that may have been made, issued or in
Cured by the township committee to raise
money to pay the cost OF said Improvement.
S. And be IL enacted, That in any proceed
had or taken by any committee, IL
shall be lawful for such township committee
nittee may fix ana prescribe the terms and
manner by which connections with said sew
81 system may be made, ana shall maintain
SAID system In good order, and may make eX-
tensions thereof from time to time when ne
,essary; provided, that in case any extern
iions are made commissioners shall be APP
pointed to make assessments of the cost or
part of the cost thereof in the manner here
N provided and any such assessments shall
De collected In the manner herein provided;
he compensation of all commissioners APP :
appointed in pursuance OF this act shall be !
loinued ana paid by the township committees
8. Ana be 1t enacted, That two or more \
ownships, by their committees, may enter in
o q contract to obtain plans, surveys ana es-
imates OF the cost of, and to construct an
,utet or trunk sewer, or to provide a plant
" works for collecting or disposing of sew
Ige for their respective townships, or for any
owns or villages therein, ana any township
II townships may in the same manner ac-
luire the right TO use any outlet or trunk
ever or sewer system that may be or NAV
rave been constructed in any municipality
m such terms rs may be agreed upon; pro
'iding the assent in writing TO the making Of
my such contract shall be given by the own
RS OF at least one-third In value Of the real
state in each OF such townships subject TO =
aXation blythe township officers in the year
hen next preceding, according to the tax :
duplicates OF such year, and in case any such
utlet or trunk sewer or sewer system shall
% constructed jointly by Two or more town.
hips, the part OF the cost thereof that shall
le paid by each township or by assessments | ii
N lands III each township shall be determined {
II manner TO be provided I'm such contract
toners appointed to make assessments of the | {
ost thereof, and any proceeding necessary
o be taken to acquire property or to con s
truct such sewer or sewer system shall be h
aiken by the township committees of each a
ownshin acting in Joint meeting, and in the I
corporate names OF the townships represent h
a by them; but all obligations for money d
to construct such sewer or system fl
hall be made by the township committees OF
he respective townships, parties to such con $
raet, ana all proceedings to raise money and c
O impose ana collect assessments for the cost Il
Il snch sewer or SYSTEM or parts thereof, in {
he respective townships, shall be taken as IL 3
zach township had constructed the part OF the s
ever or system therein under this act rs an l
sewer or system. f
TO- Ard be it enacted, That this ACT shall
AXE effect Immediately.
Approved May ., 1864.