The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-24
LAWS OF new JERSEY.
(BY ~AUTHORITY.)

and operate water works for the pur-
pose Of supplying their Inhabitants with
pure and wholesome water.
j. Be 1T enacted by the Senate and Cen
eral Assembly of the State of New der
sey. That it shall and, may be lawful for
the COMMON council. board OF aldermen.
or other governing body in any city OF
the second class in this State which does
not own, possess. control or operate It's
chase and acquire the necessary land
in or adjacent to said city for the con-
struction of a reservoir and necessary
water works. and to erect and construct
on the lands so purchased. an adequate
reservoir for the supplying of pure and
wholesome water to such city.
2. And be 1t enacted. That for the pur-
pose of connecting the said reservoir
and water works with the water pipes
and mains in the streets Of said city: The
other governing body shall have power
to lay all necessary pipes. mains and con-
Quits to, through ana along any ana all
other municipal division between said
e eysr Sbat ana fbe s aoass slty; Of pf fSe soyer n9m,
body of such village. town. township,
borough, city, or other municipal divis-
oughfares are located, shall, by proper
resolution, be given, upon application in
writing of such city. designating in such
oughfares through which it is desired
that said pipes. mains or conduits shall
be laid.
2. And be it enacted, Thai for the pur-
pose of properly connecting said reser-
voirs and works with the pipes and mains
of any other reservoir operated by any
city may contract for a supply of
pure and wholesome water, or with any
stream, river or watershed, which it
pose of an intake of such water to the
reservoir so constructed or to be con-
structsd by SAID city the said common
G0l1nc1I. hoard Of alderman mr. .nthGr COW
erntng body of such city shall LAY power
to lay the necessary pipes. mains and
~onduits, in; to, through and along any
and all roads. streets or other thorough
fares OF any village, town township, bor-
ough, city or other municipal division be-
tween said reservoir of any other city or
watershed aforesaid; provided. that a
designation of such streets. roads or thor
governing body of such village. town,
township or borough CIR city, and a reso-
luton of such governing body be passed
approving of such designation.
4. And belt enacted, That when con-
structed and IN operation the reservoir.
water works and other works Connected
man in the charge. custody and control
OF the properly-constituted water board
or water commissioners. or other board
OF a like character having in charge the
management and control of the water
supply Of said city,
5: and be it enacted, That If FOR any
AScSOA AN Oiilll Council. OOaTQ OF
aldermen or other governing body of
such city cannot agree with the owners
or owner of any lands required for the
construction of such reservoir or other
works connected with such w~ater-supply
ana necessary for the proper operation
thereof or when by reason of legal in
owners no such agreement can be made
a particular description of the land SO
required shall be given in writing, under
oath or affirmation of the city engineer,
and the name or names of the occupant,
and owner of the premises and the resi-
dence of the owner, # the same can be
the supreme court, who shall cause said
city to give notice thereof to the per-
sons interested if know and in the state
or IT unknown or out of the state, to
make publication thereof as he shall
desire for any term not les than ten
days, and to assign a particular time
commissioner hereinafter mentioned, at
which time upon satisfactory evidence
to soc him oofthe service or publication Of
three eego,as d:s.nterestsa impartial apd
o a%saaeSiaef Il wh lssiden the lands Hd s are
situated, commissioners to examine
said lands and assess the damages upon
such notice to De given to the persons
justice making the. appointment, to be
expressed herein. not less than ten days;
and it shall be the duty Of the said COM
La IN w.
scribed an oath or affirmation before
some person, duly authorized to admin
lister an oath faithfully and impartially
to examine the matter in question, and
etc make a true report thereon accord
ing to the best of their skill and under
standing, to meet at the time and place
examine the said land, an dto make a
just and equitable estimate or appraise-
assessment of damages to be paid by
such city for such land, which report
shall be made in writing under the
ers or any Two Of them and filed
within ten days thereafter together
with the. aforesaid description OF the
and afirmations aforesaid in the. clerks
Office of the county in which the lond
is SITUATE. to remain of record therein;
of payment of the amount awarded as
hereinafter provided, said city is hereby
empowered to enter. upon and take
aforesaid and the said report or a copy
thereof, certified by the clerk of said
equity. a and proof Of lyme or tender
right Of such city, to have, hold, use,
o or u yhsp o owner a an ow en3oy n rs SAID 1a fSs
amount of said valuation with interest
and costs in an action of debt in any
against the eiry i It negiees or y refuse suss
maue In wiring upon It's common council.
board of aldermen. or other. governing
court shall. upon application of either
party and on reasonable notice of the
others, tax and allow such costs, fees and
xpens to the commissioners, clerks and
other persons performing any of the
duties prescribed by this section as he
shall think equitable and right, which
shall. be paid by the city; provided, that
city feel aggrieved by the decision Of the
may appeal to the circuit court in the
county wherein the said lands are stu
ate.
6. And be it enacted, That he appeal
from the decision of the commissioner
shall be made in writing uapdlin form
of a petition to said court, and filed
with clerk of the circuit court Of the
and notice N writing Of such appeal
shall be given to the opposite party
within ten days after the fling of said
petition, which proceeding shall vest
in the circuit court full right and power
to hear and adjudge the same and to
| direct a proper isue for the trial of said
| controversy to be formed between the
| parties, and to order a jury to be. struck
| and a view of the premises to be had
| term of sa %idcourt; and 1T shall be the
duty of said jury to assess the value of
| said land and damages sustained and If
they shall find a greater sum than said
commissioners have awarded, the judg-
ment thereon, with costs, shall be enter
ed against said city; but if said jury
shall be applied for by the owner of the
E ~ 49, ~ ID. ~ 49,