The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-07-09
CHAPTER cCxcyII.
A Further Supplement to an act entitled "An
act to provide additional accommodations
for the insane of this state" approved
March twenty-hrst, one thousand eight hun

CHAPTER CCXCvII.
Further Supplement to an act entitled "a
act to provide additional accommodation
for the insane of this state" approve
March twenty-hrst, one thousand eight hur
l. Be it enacted by the Senate and Genera
Assembly OF the State of New Jersey, Tha
"the board of managers of the state hosp
tals' be and they are hereby authorized L
erect on the land owned by the state a
Morris Plains an additional building or build
i h,g os 81 sufficient size to accommodate ST.
niture and apparatus for the same as MAJ
in their opinion be requisite and necessary
ments in the present buildings Of the New
Jersey state hospital at Morris Plains as they
shall deem advisable.
OF managers may appoint and employ archi
tects, superintendent, and such other per
sons, as may be necessary for the successful
prosecution of said work may erect said
buildings. and make said Improvements, and
purchase such furniture and apparatus by
contract. or otherwise, as they may deem
for the best interests of the state, and NAV
advertise for proposals for doing the whole
| or any part of the work, hereby authorized
! II they consider it best to have the same done
| by contract, and may incur all the expenses
necessary to carry out the provisions of this
act; and they are hereby authorized to spend
Inc sum OF one hundred ana twenty-five dol.
lars or so much thereof as may be necess airy
in the prosecution of said work, ana for the
purposes hereinafter specified.
g. And be 1t enacted, That the said board
of managers be and they are hereby author
lied to construct maintain, and operate upon
Plains, or upon any other lands in the county
of Morris, which may be acquired by them
for the purpose. by purchase or condemna-
ton, a system of water works, including such
works as may be necessary for gathering and
storing water, and protecting the sources OF
supply tron contamination. and such other
ayers shall be necessary, proper, and sufii-
cient, to furnish an adequate supply of pure
and wholesome water for the buildings now
standing upon the land of the state at Morris
Plains, and for such buildings as may here
after be constructed upon said lands, either
under the authority of this act or of any other
act, and for the use OF the patients and occu-
pants OF said buildings, and the persons en-
plOyed therein.
i. And be it enacted, That it shall be law
tul for the said board OF managers to pur-
chase said LANDS as may be required to carry
out the provisions of this act, and necessary
for the construction, maintenance, and op-
Grafton of said water works, and also, the
right to take and divert, either IN whole or
in part the water of any spring, or springs,
ris, and the right to build and maintain
any pipes, conduits, feeders, bitches, sur
in said county, taking title to the same in the
name of the state of New Jersey, or to take
and acquire such lands, rights, and privileges,
by condemnation proceedings, in the manner
hereinafter set forth.
5. And be it enacted, That it shall be law
tul for the said board OF managers and their
agents and servants, before such purchase or
condemnation, to enter upon any and all
lands, in the neighborhood of the New Jersey
state hospital, at Morris Plains, and to make
such preliminary examinations, explorations
and surveys, as may be necessary in their
opinion tor the purposes of this act, and for
laying out system of water works, tor the
purpose aforesaid, doing thereby as little
damage as possible to the owner or owners
OF said lands
6. And be it enacted, That in case the said
board of managers cannot agree with the own
or or owners of any lands which are necessary
to be taken to carry into effect the provisions
of this act, or from which it is necessary to
take or divide either In whole or in part any
spring or springs stream or streams of waters
or upon which it is necessary to construct or
drain or other works, as to the amount of COM
pensation or damages TO be paid to such own
er or owners for such taking, use, occupation
or diversion, or ii by reason of the absence or
legal incapacity of such owner or owners. or
any of them, or by reason of said owner or
owners, or any of them, being unknown, no
such agreement can be made, the said board
of managers may apply by petition in writing
to any justice of the supreme court OF this
state, which petition shall contain a descrip-
ton of the lands, rights and privileges so re-
quired to be taken, with the name or names
OF the owners. occupants and other parties in
terested, so far as known, and of their place or
places OF residence, If the same can be ascer-
tanned, and thereupon the said justice shall
cause notice to be given to said owners, occu-
pants and persons interested, If known and in
this state. for at least two weeks, or II said
owners, occupants or persons interested, or
any OF them, are unknown, or out OF this
state, or cannot be found therein, such no,
tice shall be published in one OF the news
papers of said county of Morris, tor not less
than ten days, in such manner said JUS
tice shall direct and said justice shall assign
a particular time and place for the hearing
of said application, which time and place
shall be specified in said notice, at which
time and place, or at some other time and
place, to which the matter may be adjourned
by said justice, and upon satisfactory ev-
idence to him of the service or publication
of said notice, as by him directed, the said
justice shall appoint by writing, under his
hand, three impartial and judic1ous free
holders, residents OF said county of Norris
20 examln me- ln ne l ~
pfdls6 and assess the compensation and dam
ages, to be paid tor the taking OF said lands,
or of said rights and privileges, as the case
may be, upon such notice to he given by
said commissioners, to the owners Occu-
pants, and persons interested, as shall be di-
rected by said justice, which notice shall be
given tor not less than ten days, and shall be
served or published in such manner as said
justice shall direct; and in case OF the neg
lect or refusal of any one or more of the
commissioners so appointed, to attend ana
perform his or their duties under said ap-
pointment the said justice shall have power,
upon such notice to the said board of man
ayers, and to the owners, occupants, and
persons interested in said land, as he may
prescribe, to appoint one or more other i'm
partial and iud1cious freeholders, residents
OF said county OF Morris, to act in the place
of the commissioner or commissioners so
neglecting or refusing; and the said COM
missiOners shall meet at the time and place
by them appointed, and having first taken
and subscribed an oath or affirmation, before
some person duly authorized to administer
the same, faithfully and imparttally to exam
inc the matter in question. and make true
appraisement ana assessment therein, ac-
cOrding to the best Of their skill and under
standing, they shall proceed to view and
examine the said lands and premises, springs,
and streams, in question, and hear the parties
interested, and take evidence, if any be
offered, and for that purpose may admin
fafn he mn a n wi
and may adjourn from day to day, and
from time to time: and the said commits
sioners shall proceed to make a just and
equitable appraisement and assessment of
the compensation and damages, to be paid
to the said owners, occupants, and persons
interested, tor the lands, rights, and priv
ileges required as aforesaid, which appraise
ment and assessment, together with a des
cripiion of said lands, rights, and privileges,
and the names of the owners. occupants, and
persons interested, shall be set forth in an
award, to be made in writing, under the hands
and seals OF the said commissioners, or any two
OF them, which award shall be filed within
fifteen days thereafter, together with the pc
tition to said justice, the order of appoint
ment and the oaths or afnrmat1ons OF SAID
commissioners, in the clerks office of said
county OF Morris, to remain OF record there
in; and thereupon and on payment or ten
der of payment of the amount of said APP
praisement and assessment to the party or
parties entitled thereto, the said board of
managers shall be empowered to enter upon
exercise and enjoy the rights and privileges
so required. and all title thereto for the pur-
poses tor which the same are taken, shall,
upon such payment or tender, pass from the
owners, occupants and parties interested TO
the state of New Jersey and the SAID award
shall be recorded by the clerk of said county
in the records of deeds, and the same or the
record thereof or a copy thereof certified by
the clerk of said county. together with proof
of the payment OF lender of the amount OF
said appralsement or assessment, shall at
all times be considered plenary evidence OF
the right of the state OF New Jersey to have
QniOV
lands, rights or privileges; or the said board
of managers may, at the time OF Ming the
said award. or at any time thereafter, pay
the amount of said appraisement ana assess
ment into the circuit court of said county OF
Morris, tor the benefit of the owners, occu-
pants and persons interested, to be paid out
aud distributed to and among the parties
entitled thereto by the order of said circuit
court, on the application of any one or more
of said persons, on due notice to the others
ana in case OF such payment into court the
title to said lands, rights and privileges shall
pass the state of New Jersey at the time
of such payment and the certificate OF the
clerk OF said county that said amount has
been so paid into court together with said
award or the record thereof, or certlned
copy thereof, shall be considered as plenary
evidence OF the right of The state of New
Jersey TO have, hold, use. occupy, possess
and enjoy the said lands, rights and privi-
leges; and any justice of SAID supreme court
upon the application of any party interest
/ ed and reasonable notice to the other par
| ty or parties, shall tax and allow such costs,
| fees and expenses to the said commissioners
and to any other persons who may have per
formed any duty in the premises. AS the said
justice shall think equitable and right, and
the same shall be paid by the said board OF
MANAGERS.
I. And be it enacted, That If the said board
OF managers or any owner, occupant or per
son interested in said lands shall feel ag
grieved by the award OF said commissioners
such party may appeal therefrom in respect
TO his her or their interest therein to the
next or second term OF the circuit court Of
said county OF Morris to be held thereafter
by petition in writing to said court. of which
| notice shall be given at least two weeks prior
to such term, either by service upon the op
newspapers of said county OF Morris, in such
manner as said circuit court shall direct
| whtchpetition ana notice so served or publish
ed shall vest in said circuit court full author
] ity, power ana Jurisdiction to hear and de-