The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-16

entitled thereto lby order Of the circuit
ton made Therefor ana every ana evry
and all of such payments to the CLERK
shall be equivalent to payment to parties
transfer the title Of the said landloard
said rights in laos 10 the said board
as Il payment was made directly TO the
should the sasa bosrd, or the owner Or
owners of said lands or rights in lands
tie fsel a agsie eoa1m * ys1 tae rsp2 2ssy and Or a either Of
them, may appeal from the said ap-
~pra.sernent and award IN respect to their
interests theresn, to the circuit court q
uate
5 And be 1T enacted, That every appeal
said commissioners shall be made in the
form of a petition to the said court ana
n NO rfies ths sg,s R,n sha aiar ss gig saYs 20 alter aae ote ne
Ming of, the commissioners report and
aiwl1rd, which proceedings shall vest
power to hear and determine the ques-
ton of the value of the land or rlghts
in bands and the damages sustained 4 4
direct a uroper ISSUE to- be framed pe-
tween the said parties for the trial OF
the said question, and L ORDER rde "a a = Jury mo no o q
view to be had of the premises by ths
said jury. and the said issue shall be
said court; and it shall be the duty Of
the said jury to assess the. value OF ths
and the damages sustained, if any;
and and T., the shts pSarty recover or pat costs an n
trial on the appeal in changing the valu-
alton or assessment in his, her or thelr
favor. aQd shall pay costs. # they snail
vent the said board from taking the
land upon fling the commissioners re-
port and award, and payment or tender
to the parties of the amount thereof, as
herein provided; that upon the verdict
of the jury fixing the value OF the lands
or rights in lands and damages, the court
shall enter Judgment for the amount
threeof, with or without interest. and
costs. according to the provisions Of TINS
act and the principles OF law appllcaDie
cases, and the judgment so entered snail
be the sum which the owner or owners
and other persons interested are entltled
lands or rights in lands and damages,
form similar to other cases in which
award is paid by the SAID board into
court, as h~ereinbefore provided, It shall
moneys SO paid into court applied to the
payment of the said Judgment, and the
surplus, If any. repaid to the said board;
6. And be it enacted, That the said
shall have power and authority not only
to lay out ana . roadways, park
ways and b~oulevards, connecting parks
shall have authority to establish the
grade of sue highways, and change n
alter the same, to grade, curb, nag, pave
n otherwise improve teh said park
regulate the use thereof.
7. And be it enacted, That whenever
M lay out a boulevard, parkway or
roadway, or to max any Improvement
thereof which shall require the condem-
nation Ct lands or rights in lands the
ton, at least ten days, IN one or more
of teh newspapers circulating in the
county. wherein the lands to be con-
demned are situate of its intention to
apply to the circuit court of the said
county for the appointment OF three dis
interested commissioners to make an ap-
praisement of the value of the hands and
rights in lands necessary to be taken in
the Judgment of the sale commissioners,
and the damages occasioned thereby for
place specified in such notice the said
court shall appoint three distnterested
freeholders resident in the said county to
make q just and true apprassefneat of
the value of the lands or Fights IN lands
tot be condemned and taken by The said
board for the purposes specified in the
said notice and the damages. and also
to make a just and true estimate and
appraisement of the special or peculiar
benefits which the opening OF any sucil
hOttIC q WY VI OG-A y tStG
improvement thereof. may confer upon
any owner of property benefited there
by in proportion, as nearly as may be.
to the benefit which each owner may be
deemed to acquire; and the said commss~
%sioners, when SO appointed, shall forth
with take and subscribe an oat3 or affir-
nation faithfully and iflpaftiaily 10 per-
form the. duties iInpos5d upon them ny
law, anad such oath C affirmation shall
be filed in the office Of the clerk Of said
county; and the said commissioners
shall fix a time and place when they
will (hear the persons Interested in the
property to be taken and appropriated
ferred by the proposed Improvement, cf
which time and place public nctice shall
be given by the sad commissioner fer
at least ten days prior to the day Of
nesting in two or more of the news
papers published and circulating in the.
said county, and after having viewed
proceed to estimate and fix the value
Of lands and rights tn lands taken and
also ascertain and determine the Amount
OF special or peculiar benefits conferred
upon the owners OF property benefited
proportion. as nearly as may be, to the
benefits which each owner shah BIZ
Doomed to acquire, and to make report
OF their assessrnAntto said court; the SAID
ages awarded and the benefits assessed
in any case m the same report or sep
dfatedy as tney may uSteTn1.le, ana upon
thecamsng in Of any such report, signed
by the said commissioners or any AVG
of them. the said court shall cause such
notice to be given as it shall direct of
the time and place Of hearing any CO.
jections that may be mace to sucn
award or assessn1ent, and after hearing
any matter which may be alleged aga INST
the Sacsle. the said court shall, by rule
or order, either confirm the said report
or refer the same to the same connie
sionsr5 for revision ana correction; and
the sasd commissioners h reaurn ne
eorissated and revised, or make new
report thereof to the said court
without unnecessary delay, and the
same, on Being so returned. shall he
confirmed or again referred by the said
court in manner aforesaid, a. right and
Justice may require, and so from time to
time until a report shall be made or re,
turned in the premises, which the said
court shall CONFIRM, n such report
when so confirmed, chall be final and
of commissioners as 1ipon the owners Of
a1v hrdand real estate, or rights therein
affected. thereby, and the said court shan
thereup3n canse said report SO confirmed
said county. there 10 remain CT record;
and the said court sb III have owe and
authority to make such rules for the reg
uastt1n Of the pEAAtiee. aud proceGl1fe
dent and consistent WITH It's proyis.ogis;
the said court shall, upon application
made by the said board or upon its be-
haif, fix and 1etermslle the coTpensa-
ton to be paid the commissioners so ap-
pointed, and aalaw any qGsler expenses
assessment. all which shasl be paid by
the said board OF park commissioners
provided, however, that the cost n ex-
penses of making n assessment.
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