The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-07-09
CHAPTER CCCXII.

a
1. Be it enacted by the Senate and General As
sembly Of the State of New Jersey, That it shall
be lawful for the city council of any city in this
state whose charter and no general law applicable
thereto does not provide for the alteration widen
ing OF streets upon the written request of the ma
jority of the properties fronting on any street or
sauare proposed 70 be altered OF wdened, by ordi-
laid ont and said city, ana q gsHg
and appropriate for such purposes any lands and
real estate upon making compensation to the owner
owners thereof, as is hereinafter mentioned and
provided aud they may at their discretion, by or
dinance accept such lands may be dedicated by
the owner thereof public streets or alleys, and
thereupon shall be bound to keep up, repair and
maintain the same to the same extent that they
may be bound to keep up, repair and maintain
streets or alleys laid out by other legal proceed
ings.
council shall determine by ordinances aforesaid,
alter widen any street or alley any part OF
street or alley, and to take and appropriate for
such purpose any lands or real estate they are
hereby authorized to treat with the owner or own
ers thereof, and to make such compensation there
for they shall judge reasonable, and thereupon
shall receive from such owner or owners convey
ance OF such lands and real estate to the city, and
such compensation shall constitute part of the
whole amount of costs, damages and expenses to
be assessed under and in pursuance Of the proyis-
ions contained in this act.
8. And be it enacted, That when the said city
council cannot agree with the owner OF owners of
such required lands or other real estate for the
same, when by reason of the legal incapacity OF
absence of anysuch owner or owners no such agree
ment can be made, it shall be lawful for the board
of city assessors, and they are hereby required,
upon application in writing OF the said city coun-
ell, signed by their presiding officer, which appl-
cation shall specify the improvement and the land
or other real estate, with the appurtenances in
tended to be taken for such purpose, 70 make an
such owner or owners will sustain thereby, and in
estimating and assessing such damages the said
board of shall have due regard as well to
the value of the land other real estate with the
appurtenances, as to the injury or benefit Of the
owner owners by the making thereof, and 1t
/ 10 Tho 3ufrr of fba hoQrd of
after estimating said damage to assess the amount
thereof, including the sums which may have been
agreed upon the price of any of the lands or
other real estate to be taken for such purpose /;
where agreement has been made with the owner
owners and also the costs and expenses incurred
upon all the owners of land and real estate in such
CITY peculiarly benefited thereby in proportion as
nearly as may be to the advantage each shall be
deemed to acquire, specifying in such assessment
such lots or subdivisions of lots, designating the
lots and subdivisions of land so benefited by the
letters and numbers by which they are distinguish
ed on the city atlas, together with the name of the
respective owner owners thereof and the amount
assessed on each lot, which said assessment shall
be embraced in the report OF the said board OF as
SCISSORS hereinafter directed to be made; and in
case where the city council shall agree with the
owner or owners of such lands as to the compensa-
ton therefor the board of city assessors shall make
their estimate for damages in accordance there
with.
sessment 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 IN the manner nereln required
the damages sustained by the owner or owners of
tie lands and real estate taken therefor; and af
ter having ascertained the amount of such dam
ages they shall declare in their report thereof the
cost and expense incurred, which shall include the
damage awarded, and they shall thereupon at
once proceed to make an estimate and sessment
OF the benefits conferred by the said Improvement,
as required herein, and they are hereby authorized
to declare the damages awarded and benefits as
sessed In one report, or they may make Their re-
port of the damages and benefits separately, as
they may deem best
5. And be it enacted, That after the filing of any
such report the same shall be at the next meeting
of the city council presented by the city clerk and
the same being ratified by the city council shall be
binding and conclusive upon the owner or owners
of any such lands and real estate and the lands
condemned for any such improvement shall there
| upon be and become the property of the city for
| the purposes for which the same are condemned /;
| provided, however, that any person or persons
conceiving himself, herself or themselves aggriev-
| ed by the proceedings OF said city council or OF
the said board OF assessors in making an estimate
and assessment of damages may appeal therefrOm
| to the supreme court of this state within thirty
days after the time OF the making OF the hnai
order of the city council confirming the said re-
port and the supreme court shall order trial by
| Jury to assess the damages sustained by the ag-
grieved party, the trial whereof shall be conducted
as in other cases of trial by jury; and the said
court shall have power to order an issue framed
and proper proceedings to be had for this purpose.
6. And be it enacted, That in case of nom pay
ment on demand of any damages estimated and
assessed aforesaid, with interest, from the date
of the confirmation of such assessment, in case OF
/
person or persons entitled thereto may for and
recover the from the said city in an action Of
debt with costs, in any court having cognlzance
thereof; and the said proceedings of the said com
mssioners and the city council OF the award Of the
said jury, as the case may be, shall be conclusive
| evidence against the defendant; provided, how
! ever, that where benefits for any such improve
ment have been assessed against any person or
persons entitled TO any award OF damages, no re-
| covery shall be had of the damages awarded until
such benefits have been paid and it shall be law
full for the said city to offset the benefits so ascer
| tanned against the damages so awarded; ana II in
any case the damages awarded exceed the dement's
assessed the balance only shall be recovered; if
| the benefits assessed exceed the damages awarded,
| then the excess may be collected in the manner
| hereinafter provided.
| I. And be 1t enacted, That the city treasurer
shall, under the direction of the city council, ten
der and pay the owner or owners Of such land and
real estate if resident in the said city the amount
of such estimate and assessment of damages due
him or them, and II any such owner is not resident
/ in said city, or on due inquiry cannot he found
therein or is lunatie or idiot or under age, or IL
for any other lawful cause incapactated to receive
the same or If such owner will not receive the
| same and sign proper voucher therefor when
rendered, then the said treasurer shall make am
davit of such fact and file the same with the city
| clerk; and the city council shall theTeupon direct
the amount of such assessment so due as aforesaid
to be placed in the city treasury for the use of the
person or persons to whom it may be duej ana the
said money so placed in the city treasury shall be
paid by such city to the person or persons entitled
! thereto on demand but without interest, except
from the time demand is made and payment after
demand refused.
assessment for benefits against any owner or own
ers Of lands and real estate benefited, the said
hoard of assessors shall give notice in the manner
hereinbefore directed at the time and place where
4 sidering the same, at which time and place all