The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-27

under the hands of the said commits
%sioners. or any two of them, and with
in fifteen DAYS thereafter. together with
the description Of the lands. water,
water rights and other properly ard the
appointment and oaths or a1drmations
aforesaid shall be fled in the CLERKS
office of the county within which such
lands, water water rights and other
property are situated, to remain OF record
therein; and thereupon ana on payment
or tender of payment of the amount SO
awarded to the. party or parties entitled
thereto. the said city is hereby empower
and appropriate to its own use the said
lands. water. water rights and other
property, and ell title thereto for the
purpose for which the same is taken
shall. upon such payment or, tender,
pass from the said owners and parties
interested to the said city; and in case
of a dispute between any owners or other
parties interested as to their respective
rights or shares in and to the sum SO
assessed or aScertained under this act,
then the said city is hereby authorized
to pay the sum assessed upon said LANDS,
water, water rights or other prop
e out and md distributed isuits between Or
among the parties entitled to the same
by the order of the circuit. court OF
one or, more Of them, on due notlce 70
the others; and the said justice shal,
upon the application of either party, OF
on reasonable notice to the others, tax
and allow such costs, fees and expenses
to the commissioners and other persons
performing any legal duty IN the premises
as he shall think equitable ana rlgnt,
which shall be paid by the said city;
or other parties interested shan pc aoI
i~ncapaeity that disqualifies them IRON
receiving legal payment of the money
aMGFde sa f fhe d her; OF Of e the tn Said city to %
pay the amount awarded TO SUCH person
or persons to the clerk OF the county IA
| which said report is above directed u
be filed; and it shall be the duty OIL
said clerk to receive the same to pc pa1d
to the parties entitled thereto by the
order of the judge of the circuit equFn
of the said county upon his, her or Their
application for the same; and every, anu
all such payments to the clerk snalI, as
to the said city be equivalent TO payment
to the parties entitled thereto, and II
shall operate to transfer the title ana
ownership of said lands, water, water
as if made directly to thesaid parties;
provided, always. that should the .sty
or the owner or owners feel aggSrle og
missioners, he, she, it or they may
appeal from the said appraisment and
interests therein to the next circuit
court in the said county; PROVIDED, now
ever, that no lands, water, water rights
or other property ~pinric eaaj5 in e9 mis- STATE
for the purposes of a water. supply, anu
used or intended to be used for suen PVT.
l pose. snail De cOHuCilnitQ VI dNS
the authority OF this act
2. And be it enacted, That, every appeal
from the appraisement and award OF the
commissioners shall be mace saidd
court and notice thereof shall be
given to the other parties WITHIN
fifteen days after the fling OF Lne corn III
missioners' report and award. whlch pro
ceeding shall vest in the circuit court
full authority, powera. and jurisdiction 70
hear and determine the question OF the
- I,a - +IoZ and I1rataT water 1l2Hl5
and other property and the damages sus5
| tanned, if any, and thereupon the sac
court shall direct a proper issue 70 p5
| of the said question and order a jury
of twelve men to be struck for the trlal
of the same and a view OF the pTemlses
to be had by them; and the said ISSUE
shall be tried upon the like notice anq
in the like manner as other issues Q!
fact in said court are trleq, ana II snali
the value of lands, water, water rights
and other property in question:, ane,
the damages sustained If any, and the
party or PARTIES appealing shall recover
costs, if he or she or they shall succeed
at the trial on appeal in changlng the
valuation or assessment thereof, and the
damages in his, her its or their favor
and shall pay costs If he, she II or they
fail to do SO; but non appeal shall pre-
vent the city from taking the LANDS iandS,
upon fling the commissioners report
and award and payment or tender TO
the parties OF the amount lnSreol, as
heretofore provided; and a party accept
ing from the city the amount Of the
award of the commissioners shall not
| thereby waive the right of appeal; and
upon the verdict OF the jury fixing the
value in damages, the court shall enter
Judgment for the amoun thereof, with
or without interest and costs, according
to the provisions of this act and the
principles of the law applicable to the
trial of similar issue in other cases,
and the judgment so entered shall be- the
sum which the owner or owners and
! other parties interested are entitled to
have from the city. for the said lands,
water, water rights andother property
and damages, and may be enforced il
manner and form similar ito other eases
in which judgment is pronounced in said
court; mad when the commissioners
award is paid by the city into court,
aas hereinbefore provided, and an APP
peal is taken and Judgment afterward
pronounced one the verdict, it shall be
theduty of the court to order the money
so paid into court applied to the payment
of thesaid Judgment anad the surplus,
if any, to be paid the city.
8. And be it enacted, That all acts and
parts of acts, general or special, incon-
sistent with this act, be and the same
are hereby repealed, and that this act
shall take effect Immediately.
Approved April l. 1895.