The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-21
LAWS OF NEW JERSEY.
(BY AUTHoRITy.o
CHAPTER cccxII.-lcontinued.)

CHAPTER CCCxII.-Continued.)
2. And be It enacted That whenever
the city council shall determine, by. OF.
diaance, as aforesaid. to a al ns or w of a
stree or alley, and to a k and appro-
pirate for such purpose any lands OF
real estate, they are hereby authorized
to treat with the owner or owners there-
of, and make such compensation there5
for as they shall judge. reasonable, anu
t~hereupon shall receive from such owner
or owners a conveyance Of sucr iands
and real estate to the city, and suen
compensate shall constitute a part 81
/ expenses to be assessed under ana IN
pursuance of the provisions contained IN
this act.
8. And be it enacted. That when the
said city council cannot agree. with the
owner or owners of suchrequlred Janus %
or other real estate for the same, or
when by reason OF the legal incapacity
or absence OF n such owner or owners
b be i sgeh ag for the bo ara Of os city aty0 assessors,
and they are hereby requlred' upon ap-
p~lication in writing Of the SAID city eoun-
which application shall SPECIFY the I'M
provement and the land or other real
estate, with the appurtenances lneenaea
estimate and assessment of the Damage
that ANY such owner or owners VII sqs-
tain thereby, and in ST. Stim L n 6o or a Of
assessors shall have due regard a wen 70
the value of the land or other real estate
/ W1Ln the dppuFtttlGHcSSs DIS L VIC a.
or benefit of the owner or owners ,py the
making Thereof, and it shall be the duty OF
the said board of assessors. after estlnaa.
ting said damages, to assess the amount
thereof, including the sums which. MAJ.
have been agreed upon as the price OF
any of the and or other real estate 70
ment has been made with the, owner or
owners, and also the cost and expenses
incurred, upon all the owners of land
and real estate in such city peculiarly
benefited thereby IN proportion as near
ly as may be to the advantage each sh9H
assessment such lots or subdivisions Of
lots, designating the lets ana subds-
visions of land SO benefited by me des-
tingufshed OF the e.Iy atlas. together
with the name Of the. respective owner
sessed on each lot, which said assessment
shall be embraced in the report Of the
said board of assessors hereinafter q
rected to be made; and n case Waefe ire
city council shall agree with the cw1ef
or owners Of such and nd as boa to to the nf com oify
assessors shall make Their estimate for
damages in accordance herewith.
4. And be it enacterd, That, in making
every assessment required to be made by
the provisions Of this act when any land
or real estate IS taken or condemned,
the said board of assessors shall first
estimate and assess In the manner here
in required, the damages sustained by
the. owner or owners Of the lands ana
real estate s5osrt taken ken The there a1,apr ana af a sneb
DAMAGES they shall declare in their re-
port thereof the cost and expense in
Cured. which shall include the damages
awarded, and they shall thereupon at
once proceed to make an estimate and
assessment of the benefits conferred by
the said Improvement as required herein,
and they are hereby authorized to de-
clare the damages awarded ana benefits
n naise their In report of the damages and
benefits separately, as they may deem
best.
filing of any such report, the same shall
be at the next meeting Of the e.ty coun7
eli presented BY r the city ~ CLERK TX e apa
council shall be binding and conclusive
upon the owner or owners of any. such
lands and real estate. and the land con,
thereupon be and become the property
of the city for the purposes for which
ce.ving himself, herself or themselves
aggrieved by the proceedings Of the said
SCISSORS in making an estimate or as
sessment of damages may appeal there
from to the supreme court OF. this state
within thirty days after the time of the
making of the final order of the city
council confirming the said report: and
the supreme court shall order q trial by
jury to assess the damages sustained by
the ;sggrieved party. the tIial WHEREOF
f frGs5 be be g g0r4! aea e t5e IN sa 9dhs eon nass sba Gf
have power to order an .ssue framed and
proper proceedings to be had for this
6. And be it enacted, That in cases of
non-payment on demand of any damages
estimated and assessed as aforesaid. with
ton of such assessment, in case of no
appeal to the supreme court. as afore-
said, the person or persons emitted there
TO may sue for and recover the same
from the said city in an action of debt,
with costs. in any court having cagni-
zanee thereof; and the said proceedings
nr tha said rDm m'SSiOnprS and the CITY
council or the award of. the said jury as
the case may be. shah be conclusive. evii-
however, that where benefits for any
such Improvement have been assessed
against any person r +. o., OF e persons ca r en,1sleg
shall be had of the damages and it
shall be lawful for the sad city to offset
damages so awarded; and il n any case
the damages awarded exceed aa1, the nen e.
nes asssi If the dement's assessed ex-
coed the damages awarded. then the ex-
cess may be collected in the manner
t I. And be It enacted, That the city
. treasurer shall, under the direction of the
. city council, tender and pay the owner
t if resident IN thes aid city, the amount
t Of such estimate and assessment Of
oWner IS not resident in said city, or on
due inquiry cannot be found there in,
or is a lunatic or IDIOT or under age, or
~ II LOT any lit III Wloi SaoSC liIdRdC--
: tated to receive the same, or if such
owner will not receive the same and
, sign a proper voucher therfor when or
dered, then the said treasurer shall make
affidavit of sucn fact end file the same
+ with the city clerk; and the city council
! shall thereupon direct the amount q
be placed in the city treasury for the
!. use Of the person Or persons son to whom
. placed in the city treasury shall be paid
. : by such city TO the person Or persons en-,
Z interest except from the time the demand
]. is made and payment after demand re,
i fused.
o 8. And be it enacted, That before max.
+ ing any assessment for benefits against
. any owner or owners of lands and real
I estate benefited. the said board of as.
7 SCISSORS shall g.venotice in the manner
! 4ereinbefore directed of the time and
place. where and when they VII mee'
for the purpose Ct onsldesin y TIE sane 9 g
terested tI3erIn may be heard 7 s nd r ths
1 from Tome to time until they have com:
i pleted the consideration thersof one