The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-06-25
LAWS OF NEW JERSEY
lBY AUTHORITY
fContfnIet fron tFrst Po0e1


said improvement and upon the passage of such
resolution the fee simple of said real estate to be
taken shall be vested in the city; provided that
where the commissioners shall have reported the
name or estates of the owners of any plot as un-
known, the said resolution shall direct the of
the award on account OF such plot to be paid to
the owners thereof when and as their interest may
appear, and any such owner or person interested
in said land may, by bill in chancery according to
the practice of that court, have the said sum dis
tributed or in whole in part paid over to him,
law and justice may require after the completion
of said improvement the said commissioners shall
ascertain and determine the actual net cost there
Of, and shall assess as hereinafter provided, such
actual net cost upon the lands specially benefited
in proportion to the benefit received.
81 And be it enacted, That whenever, by the
report and map of the said commissioners correct
ed as aforesaid it shall appear that an award has
been made to any person for property taken or
damages sustained and that such person is also
assessed for benefits received on account of the
same improvement, then if the assessment go ual
or exceed the award, no payment shall be made on
account of such award and If the award exceed
the assessment, only so much of the award is
in excess shall be paid, and the resolution of the
council ordering the awards to be paid shall be
framed accordingly; and when the amount to be
assessed shall be finally determined, such amount
shall be set off against the amount of the award
unpaid and If the amount of the award unpaid
be In excess, the assessment shall be cancelled
and such excess only shall be paid to the person to
whom the award is made; and If the amount of
the assessment be In excess, the award unpaid
shall be cancelled and such excess only shall be
lien upon the property assessed the rest of the
award or assessment, as the case may be, being
also cancelled.
65. And be it enacted, That whenever any per-
son who shall have presented objections afOre-
said, to award, shall be dissatisfied with the de-
termination of the council thereupon such person
may commence an action on contract against the
said city in the circuit court of the county or in
the supreme court of this state Crowded that the
trial shall be had in the county in which such city
is Ocated), which action shall proceed in all thing
as if such city had. upon taking the real estate
quired for the said improvement, agreed in writ.
ing to pay therefor the value thereof and the dam
age done by taking the same; and if in said actor
the plaintiff shall recover more than the amount
awarded as aforesaid, he shall recover his taxabl,
costs according to law and if he shall not recover
more than the amount awarded then the defend.
| ant shall recover his taxable costs against tn,
| plaintiff and shall be entitled to have them de
Quoted from the amount recovered by the plaintiff
and execution shall issue only for the balance tn
assessment (f any, against the plaintiff being ais
| deducted from the amount of the Judgment pro
vided always, that no such action shall be brough
| by any person who may have received payment o.
the amount awarded, nor unless notice that sucl