The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-05-21
LAWS OF NEW JERSEY
BY AUTHoRIrY.1
CHAPTER CXXXYII

An Act to enable cities of the second class
to purchase land and construct and operate
water works for the purpose OF supplying
their inhabitants with pure and wholesome
water.
l. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
it shall and may be lawful for the common
council, board of aldermen or other govern
ing body OF any city of the second class in
this state which does not own, possess, con-
troll or operate It's own reservoir or water
works to purchase and acquire the necessary
land in OF adjacent to ssid city for the con-
works, and to erect and construct on the
lands so purchased an adequate reservoir for
the supplying OF pure and wholesome water
q And be it enacted. That for the purpose
OF connecting the said reservoir and water
works with the water pipes and mains in the
streets of said city, the common council.
board of aldermen or other governing BODY
shall have power to lay all necessary pipes,
any and all public roads, streets or thorough
fares in any village, town, township, city or
other municipal division between said reser-
volr and said city provided. however that
the consent of the governing body of such
village town, township, borough, city or 9TH
streets or thoroughfares are located shall
by proper resolution, be given, upon appli-
cation In writing OF such city, designating
in such application the streets roads or thor
oughfares through which it IS desired that
said pipes. mains or conduits shall be laid. j
3. And be 1t enacted, That for the purpose
works with the pipes and mains1A any other
reservoir operated by any other city or COM
pany with which said city may contract for.
supply OF pure and wholesome water, or
with any stream, river or watershed which
IL may be desirable to tap for the purpose of
an intake OF such water to the reservoir so
constructed or to be constructed by said city
The said common council, board of aldermen
or other governing body of such city shall
nave power TO lay the necessary pipes, mains
and cOnduits in, to, through and along any
ana al roads, streets or other thoroughrares
OIL o, any viiage t1wn 65Gswssip borough city
reservoir OF any other city or water com pany
or the stream, river or watershed aforesaid :
provided. that designation of such Streets
roads or thoroughiares shall first be present,
ed to the governing body of such village
town, township or borough on city, and a res
OlutiOn OF such governing body be passed ap-
proving OF such designation.
L. And be it enacted, That when construct
ed and in operation the reservoir, water
works and other works connected with said
water supply shall be and remain in the
charge, custody and control OF the properly
constituted water board or water commits
sioners, or other board OF like character
troll of the water supply OF said city.
5. And be 1t enacted, That II for any reason
the common council, board Of aldermen or
agree with the owner or owners of any lands
required fer the construction OF such reser-
watersupply and necessary for the proper op-
Grafton thereof, or when by reason of legal in
capacity or absence of such owner or owners
no such agreement can be made particular
description of the land so required shall be
81 zen 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 residence of the owner, If the same can be
ascertdined to one of the justices of the su-
preme court who shall cause said city to give
notice thereof to the persons Interested, If
known and in the state or Ii unknown or out
OF the state, to make publication thereof as he
shall desire for any term not less than ten
frnn
place for the appointment of the commission.
ers hereinafter mentioned. at which time upon
atisfactory evidence TO him OF the service or
publication OF such notice Aforesaid, he shall
appoint. under his hand and seal. three disfn-
terested, impartial and judieIous freeholders,
residents OF the county in which the lands are
situated, commissioners to examine said lands
and assess the damages upon such notice to
be given TO the persons interested as shall be
directed by the justice making the appoint
ment, to be expressed therein not less than
ten days; and 1t shall be the duty of the said
| commissioners, having first taken and Sub
scribed an oath affirmation before some
person duly authorized to administer an oath
faithfully and impartially to examine the
matter In question, ana TO make true report
thereon according to the best OF their skill
and understanding, to meet at the time and
place appointed and to proceed to view and
examine the s;t1d land and to make a Just and
equitable estimate or appralsement of the
value OF the same, and an assessment OF dam
ages TO be PAID by such city tor such land,
which report shall be made in writing under
the hands and seals of the said commissioners
or any two OF them, and filed within ten days
thereafter together with the aforesaid de-
scription of the lands and the appointment
ana oaths and afiirmations Aforesaid In the
clerks office of the county in which the land
| Is situate, 10 remain of record therein and
thereupon and on payment or tender of pay
ment of the amount awarded as hereinafter
provided. said city is hereby empowered to
enter upon ana take possession OF said lands
for the purposes aforesaid and the said report
ora copy thereof, certified by the clerk OF
said county. and proof OF payment or tender
| De
| considered as plenary evidence of the right of
such city to have. hold, use, occupy, possess
| or owners to recover the amount or said valu-
alton with interest and costs in an action OF
debt in any court of competent jurisdiction in
a suit against the city If it neglect or refuse
the same for thirty davA afIer demand made
| In writing upon its conhnsbn council, board OF
aldermen or other governing body, another
| said Justice of the supreme court shall upon
application OF either party and on reasonable
4 notice to the others, tax and allow such costs,
fees and expenses to the commissioners, clerks
and other persons performing any of the
duties prescribed by this secEt0n as he shall
think equitable and right which shall be paid
by the city provided, t .nas should the owner
decision of the commissioners aforesaid he,
she or 1t may appeal TO the circuit court in the
county wherein the said lands are situate "
s. And be it enacted, That the appeal from
the decision OF the commissioners shall be
made in writing and in the form OF a petition
to said court, and filed with the clerk OF the
circuit court of the county where said lands
are situate. and notice in writing of such ap
peal shall be given 10 the opposite party with
in ten DAYS after fling OF said petition which
( proceeding shall vest in the circuit court full
right and power to hear ana adjudge the
same and to direct proper issue OF the tTia
partjes. and to order a jury to be struck and 3
| view OF the premises TO be had and the said is
sue to be tried at the next term Of said court
the value of said land and damages sustained
and II they shall ind greater sum than said