The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-20

sioners shall meet at the time and place
by, them appointed, and having frst
ton before some person Only authorized
administer the sane faithfully and
to examine the matter IN
question, and to make a true appfaise-
nlcnt and assessment therein. according
the best of their skill and understand
! amiine the ibe shan said Proi jaedg TO a ylsw p aen ses
and streams in question, and
hear the parties interested. and take evi.
n uecesa # any 6 &c Offered, IAN apa no n9r a 1nat
ma tons to witnesses, and may adjourn
day to day and from time to time;
the said commissioners shall pro-
coed to make a just and equitable APP
praisementand assessment OF the com
pensation and damages to be paid to the
for the lands, rights and privi-
and the names of the owners, oc-
eupants and persons interested, shall be
writing under the hands and seals of
the said commissioners, or any two OF
them, which award shall be filed within
the petition to tn said justice. the or
der of appointment and the oaths or
affirmations of said commissioners, IN
ris, to remain of record therein; and
thereupon and on payment of the amount
of said apraisement and assessment 70
the party or parties entitled thereto,
the said board Of managers shall be en-
powered to enter upon and take possess
sion of the lands and TO use, exercise
and enjoytherigh is and privileges so re-
quired, and all title thereto for the
purposes for which the same
are taken. shall, upon such
ers, 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, ana
the same or the record thereof .certined
by the clerk of said county, together with
proof of the payment. OF tender OF the
ment, shall at all times be considered
plenary evidence of the right OF the state
of New Jersey to have hold, use, occupy,
possess and enjoy the sale lands, rights
and privileges; or the said board OF man
ayers may, at the time OF filing the SAID
award, or at any time thereafter, a
the amount of said appraisement ana as
sessment into the circuit court of said
county of Morris, for the benefit of the
owners, occupants and persons interested
to be paid out and disbursed to andamong
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; and in case of
such payment ito court the titles of said
lands, rights and privileges shall pass to
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 a
certified copy thereof, shall be considered
as plenary evidence of the right of the
state Of New Jehsey to- have, hold, use,
occupy, possess and enjoy the said lands,
rights and privileges; and any justice of
said supreme court upon the application
of any party interested and a reasonable
noticie to the otheer party CIR parties.
shall tax and allow such costs, fees and
expenses to the said commissioners and
TO any other persons who may haveper-
formed any duty in the premises, as the
said justice. shall think equitable and
right, and the same hall be paid by the
said board ofmanagers.
Z. And be it enacted, That if the said
h02 vi r n Ta re O. " a DTr- yp1n HNaL
cupant or person interested in said lands
shall feel agrieved by the award of said
ff6Smmfiss5onis n res aaea t party piy m bsr or aR }RelI
interest therein to the next or second
term Of the circuit court ofssaid county
ton / writing to said court, of which no
tee shall be given at least two weeks
prior to such term, either by by service
in one of the newspapers of said county
or Morris, IN such manner as said cir
e 9otIc eo so ss snali d or pfibI Whiss IgS et5fi9 9ns and ID
said circuit court full authority. power
and jurisdiction to hear and determine
the said appeal, and thereupen the said
framed between the parties, and the same
shall DE tried by a jury, and said court
trial of the same and a view of The
pr5mises to be had. and the said issue
shall be tried upon the like notice and
in like manner as other issues of fact
are tried in said court. and it shall be-
the duty of said jury to appraise and
| assess the compensation and damages TO
be paid for the taking Of the lands. Fights
and privileges in question, or such part,
share or Interest therein as may be
said board of managers to Appeal from
the appraisement and assessment OF said
commissioners shall not be waived or
lost by paying or rendering to the par
ties entitled thereto or paying into c1urt
the amount of the award and taking pos
gHs5ion ao Of the nrivi Ia ges Or eaSreIsi r. s .hs
award and the right of any owner o.
| cupant or person interested to appeal IN
by the acceptance of the amount SO a
warded; nor. shall any appeal
| either by said board of managers or by
the owners. occupants and persons in
terested, or any of them, prevent the
| session of the land and exercising the
award of said commissioners upon filing
the sid award and paying or rendering
TO the parties entitled thereto the
| court. as hereinabove provided; and if
any error in law or in fact DO committed
upon the hearing, or determination of
may have a remedy in the same man
ner and upon the same terms as in the
said court: and upon the final detes-
%nlinatien of any such appeal. the court
shall pa rsnde and Iua assaient the il f otbar Of IS ;
verdict of the Jury and the right an1
| Justice of the case shalls require. airs
| shall order any moneys remaining il.
court to be disposed of in accordance
| Herewith, and shall award to the party
substantially succeeding and prevailing
said appeal, and order the am II. be
paid by the opposing party, and shall
have power to enforce such Judgment
and order by execution in the Same
manner as other judgments of said
court are enforced, or may take sucl.
summary proceedings, either by attach
ment for contempt of said court o.
force the judgments and orders of said
court in the premises.
8. And be It enacted, That the several
sums of money hereby appropriated
shal be paid by the state treasurer out
| OF any moneys in the state treasury not
drawn by the comptrollerfrom time to
| time as payments shall become due;
said payments to be made on proper
vouchers, approved andeertifed by said
board of managers, or by such officer
| as they may designate for that purpose.
9. And be It enacted, That the said
| board of managers shall make to the
each successive session thereafter until
the said work and improvements are
completed, a full and detailed report of
their proceedings n expenditures I'M
10. And be it enacted, That this act
shall take effect immed ately.
Approved March %. 1895.
CHAPTER CCXVIII.
A Supplement to an act entitled can
act constituting courts for the trial
of small causes (ReyiSion), approved