The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-04-30
has taken proceedings 70 condemn land OF

Il 4. And be it enacted. That when the sal
NIGH u n lands for any public bark or piac
which they have located, as herein provided
izsd cam Of agree With ~ tbs ow5e Tu ~
OF such lands and rights in lands, as TO tn
price and terms of the purchase thereof, o
when by the legal incapacfty or absence o
sucn owner or owners, no agreement car
be made for the purchase thereof, descrip
ton in writing Of the lands or rights in land
so desired, with the name or names OF the oc
cupants. II any there be, ana of the owner o.
owners, and other parties interested, i
known, and their residences, If the same car
be ascertained, by the board or its agents
shall be presented to one of the justices Of The
supreme court Of this state, who shall there
to the persons interested, If known and in this
state, or If unknown or cannot be found or oul
OF this state, to make publication thereof as
ne shall direct, for any period not less than
ten days; and assign particular time and
place for the appointment OF commissioners
as hereinafter provided, at which time upon
satisfactory evidence to him of the service OF
publication of such notice, he shall appoint
under his hand three impartial and judicious
| treenolders, residents in the county in which
| such lands or rights in lands are situate, to
examine and appraise the said land or rights
IN tanus ana assess the damages. upon such
| no1ce 10 pc given to the persons interested as
shall be directed by the Justice making such
appointment, not less than ten days; and II
snail DE the duty of the said commissioners
(having first taken and subscribed an oath OF
animation before some person duly author
ized to administer the same, faithfully and
I'm partially to examine the matter in ques-
ton, and to make a true report and appralse.
l ment as aforesaid in writing, according to the
pest OF line. Gneir ssill and UNDERSTANDING to meet
| al the time and place appointed, and to pro
ceed TO view and examine the lands or rights
In lands, and to make just and equitable ap.
prA1sement ana assessment as aforesaid. to be
paid by the said board, which report shall be
made under the hands of the said commission
ers. any two Of thems and within fffreen
days thereafter. together with the description
OF the lands or rights in lands, and the ap-
pointment or oaths or afirmations aforesaid
nj
| within which such lands are situate, to remain
| of record therein, and thereupon and on paw
ment or tender OF payment Of the amount so
awarded to the party or parties entitled there
| to. the said board is authorized ana empow-
cred to enter upon and take possession of the
said land and rights in lands; and Utilities
| thereto tor the purpose for which the same is
| taken shall, upon payment, or tender, pass
| from the said owners and parties Interested to
| the said board in trust tor the said county in
and for which they are appointed; and in case
| OF any dispute between any owner or other
party interested as to their respective rights
or SHARES In ana to the sum so assessed and as
| certained under this act, then the said board
is authorized to pay the sum assessed to the
clerk OF the county in which said lands are
situate, to be paid OUT and disbursed to or
| among the parties entitled to the same bv the
order OF the circuit court of the said county,
| upon the application OF any one or more of
the said parties interested on due notice to
| the others; and the said justice shall upon
the application OF either party, or on reason
able notice to the others, tax and allow such
| costs, fees and expenses to the commissioners
ana other persons performing any legal
duty in the premises as he shall think equft-
able and right, which shall be paid by the said
board and If any or all OF the said owners or
other parties interested shall be absent from
| this state or under any legal incapacity that
disqualifies them from receiving legal pay
ment of the money awarded, then it shall be
the duty of the said board to pay the amount
awarded to such person or persons, to the
clerk of the county In which said lands or
rights are situate; and it shall be the duty of
| the said clerk to receive the same TO be paid
to the parties entitled thereto by order of the
circuit court of the said county, upon applfca-
ton made therefor, and every and all of such
payments to the clerk shall be equivalent to
payment to the parties entitled thereto ana
shall operate to transfer the title OF the said
Ian q, or said rights in lands to the said board
as If payment was made directly to the said
parties; provided always. that should the said
| board, or the owner or owners OF said lands or
rights in lands feel aggrieved by the report
and award OF the said commissioners, they, or
either or them, may appeal from the said APP
| praisement and award in respect to their In
| terests therein, to the circuit court of the
county wherein the said lands are situate
3 O. Ana pc ~ enacted, That every, appeal
| commissioners shall be made in the form of a
petition to the said court. and notice thereof
days after the fling of the commissioners re-
port and award, which proceedings shall vest
in the circuit court the authority and power
to hear and determine the question OF the
value of the land or rights in lands and the
damages sustained, If any, and thereupon the
said court shall direct proper issue to be
framed between the said parties for the trial
OF the said question, and order a Jury to be
struck tor the trial of the same, and a view to
be had of the premises by the said jury ana
the said issue shall be tried upon like notice
ana IN like manner as other issues OF fact are
tried in said court; and 1t shall be the duty OF
the said jury to assess the value of the said
land In question or rights in land, and the
damages sustained, if any; and the party or
parties appealing shall recover costs in such
suit. II they shall succeed at the trial on the
appeal in changing the valuation or assess
mentEn his, her or their favor, and shall pay
fhorr c6oll tot
shall prevent the said board from taking the
ana 9poA nlng the e report
ages, the court shall enter Judgment Tor the
amount thereof, with or without interest and
costs according to the provisions Of this act act
trial of similar issues in other cases, and the
Judgment so entered shall be the sum which
the owner or owners and other persons inter-
ested are entitled to have from the said board
for the said lands or rights in lands and dam
ages, and may be enforced in manner and
form similar to oJher cases in which Judgment
is pronounced in the said court, and when the
commissioners award is paid by the said
board into court, as hereinbefore provided 1t
shall be the duty of the court to order the
moneys so paid into court applied to the pay
ment of the SAID Judgment, and the surplus, If
any, repaid to the said board.
6. And be it enacted, That the said board
shall have power and authority not only to
lay ont and open roadways, pathways and
boulevards, connecting parks and open spaces
as herein provided, but shall have authority
to establish the grade of such highways, and
change ana alter the same, to grade, curb,
flag, pave and otherwise improve the said
parkways. rOadways and bouleVards, and to
regulate the use thereof.
/ q And be 1t enacted, That whenever the said
board shall determine to open and lay out a
| boulevard, parkway or roadway, or to. make
any Improvement thereof which shall req uire
| the condemnation of lands or rights in lands,
| the said board shall give notice by publica-
| ton, at least ten days, in one or more OF the
| newspapers circulating in the county where
| In the lands to be condemned are situate of
| its intention to apply to the circuit court OF
the said county for the appointment of three
dtsinterested commissioners to make an APP
praisement OF the value Of the lands and
| Judgment Of the said commissioners, and the
| damage occasioned thereby for the opening
and laying out OF any boulevard or roadway,
ascertain tx and determine the amount OF
special benefits which the laying out of the
said street or the improvement thereof will
confer upon any owner OF properly benefited
thereby; and at the same time and place
specified in such notice the said court shall
appoint three diSintereSted freeholders resi-
| dent in said county to make just and true
appraisement of the value of the lands or
rights in lands to be condemned and taken by
the said board for the purposes specified in
the said noJice and the damages, and also to
make just and true estimate and apprajse-
ment OF the special or peculiar benefits
which the opening OF any such boulevard.
| parkway or roadway, or the Improvement
thereof may confer upon any owner OF prop
erty benefited thereby in proportion, as
4 nearly as may be, to the benefit which each
owner may be deemed 10 acquire; and the
said commissioners when so appointed, shall
forthwith take and subscribe an oath or AMIR
nation, faithfully and fmpartially to perform
the duties imposed upon them by law, and
such oath or affirmation shall be He'd In the
office of the clerk of said county and the
said commissioners shall III a time and place
when they will hear the persons Interested In
the property to be taken and appropriated as
aforesaid and in the benefits to be conferred
by the proposed improvement. of which time
/ and place public notice shall be given by the
| said commissioners for at least ten days prior
to the day OF meeting in two or more of the
newspapers published and circulating in the
said county, and after having viewed the
premises and heard the parties interested
the said commissioners shall proceed to es
innate and fix the value of lands and rights
in lands taken and the damages caused by
such taking, and also ascertain and deter
mine the amount OF special or peculiar bene
fits conferred upon the owners OF property
benefited by the said opening or improve
ment, in proportion, as nearly as may be, Il
the benefits which each owner shall be deem
ed to acquire, and to make report OF theil
assessment to said court; the said commits
> sioners may report the damages awarded
and the benefits assessed In any case in thu
: same report or separately as they may de
termine, and upon the coming in of any sucl
anv Two of them the said conrt shall cans,
: such notice to be given as it shall direct o
t the time and place OF hearing any objection
c that may be made to such award or assess
/; ment and after hearing any matter whicl
Q may be alleged against the same, the SAT-
! court shall, by rule or order. either confirn
b commissioners for revision and correction
e and the said commissioners shall return tn
same when referred to them again, correct
, I'd and revised, or make new report therec
r to the said court without unnecessary delay
= ana the same. on being so returned, shall b
confirmed or again referred by the said cour
8 in manner aforesaid, as right and justic
i NAV req uire, and so from time to time unit
n a report shall be made or returned in tn
o premises, which the said court shall confirm
c and such report, when so confirmed, shall
t final and conclusive. as well upon the sal
e board of commissioners as upon the owner
n of any land ana real estate, or rights Their
e in affected thereby, and the said court sha
Il tbereupon cause said report so confirmed I
~ Alad in tho offioa Of the clerk sai