The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-03

I watch may be deemed necessary far fse.
construction OF seWGrs, drains, dispgsalll
pumping and other works authorized BY
thas act, and II in airy case the said Beard
ah2a rs u.1AbIe 10 agree with the owner
or owners OF any lands, rights or intsT-
ests IA lands deemed necessary BY thei
SID board in the construction of the
works herein authorized, or when. by rsa.
son Of the legal incapacity or absence Of
such owner or owners, no agreement can
pe made for the purchase thereof, a des-
cflptior IN writing of tho lands or rights
IN lands or lights OF lands so desired,
with the name or names Of the occupants.
" any there be. and of the owner or own
eFs, and other parties interested, If known.
and their residence, If the same can BID
aScertained by the board or it's agents!
shall be presented to one OF the justices OF
the Superr1e Court CT this State, who shall
t~herelpon cause such board to give notice
thereof to the persons interested; If
known, and in this State, or II uuknoWn.
or cannot be found. or out Of this State.
to make publication thereof as he shall
direct for any period not less than II
days, and assign 2 particular time al
place fors the appointment Of Ccnnm.ssi
ers as hefnafter provided, at which tit
upon satisfactory evidence to him Of
service or publication OF such notice,
shall appoint under his haa@
three impartial and juGicious free
which such lands or rights in
lands are situate, to examine and assess
the damages, upon such notice to be given
to the persons interested as shall be dE
rected by the justice making such APP
pointment, not legs than ten days; and it
shall be the duty OF the Commissioners
thus appointed (iiavi1g first taken and
subscribed an oath or affirmation before
some person duly authorized to administer
the same, to faithfully and impartiaily to
examine the matter in question, TO make
a true report and a~ppraasernent as afore-
said in writing, according to the best OF
81 IT,. 4-1xf11 Acrd YrJnrc raj Il, nA u tn meat
at the time and place appointed, and to
proceed to view and examine the lands or
rights in lands, and to make a Just ana.
equitable appraisenent and assessment as
afo1 esaid, to be paid by the said board,
which report shall be under the hands of
of the sasd Commissioners. or any two
of them, and Within fifteen days there
after together with the description OF the
lands or rights In lands, and the appoint
ment or oaths or afirmations aforesaid
shall be filed in the clerks office OF tine
county within such lands are situate,
to remain of record therein; ana there-
upon, and on payment or n OF pay
mer1t of the amount so awarded to the
party or parties entitled thereto, the said
board is authorized and empowered t9
enter upon and take possession OF the said
lands and rights in lands, and al Titles
thereto for the purpose for Which the same
is taken, shall, upon payfnent or tender,
pass from the said owners and parties in
terested, to the said board IN trust FOR the
uses and purposes for which they aresap-
pointed; and in case of. any dispute pe-
tween any owner of other party interested
as to their respective rights or shares IN
and TO the sum so assessed ana ascertain
ed under this act, then the said board ls
authorized to pay the sum SO assessed
and ascertained, to the clerk of the
County in which said lands are situate.
to be paid O and Gisbursed TO or among
parties entitled to the same by order OF
the Circuit Court OF the SAD
z..~4x- f,rOa tho rnTltr4 ron OF AnF
one or more of the said parties
interested. en- due notice to the
others; and the said justice shall, upon the
application of either party, on reasonable
notice to the others, tax and allow such
costs, fees and expenses to the COM
m~issioners and other persons performing
any legal duty in the premises as ne
shall hin equitable and right, Wh1cn
shall be paid by the same Board; andNf
any or all of the said owners or otner'
parties interested shall be absent from
this State, or under any ega ~lncapacily
that ~disqualifies them from receiving le-
gal payment of the money awarded, Then
it shall be the duty OF the SAID Board
to pay the amount awarded to Such per
son or persons. to the clerk of the coun-
ty in which said lands or rights are
situate, and it shall be the duty Of the
said clerk to receive the same to be PAID
to the parties entitled thereto, by the
order of the Circuit Court of the said
county, upon application made therefor,
and every and all Of such 10
the clerk shall be equivalent to paynenf
to the parties entitled thereto, ana Shdl
! operate to transfer the title of the said
lands or said rights in lands to the said
Board, as If payment were made direct
ly to the said parties; provideq always,
! that should the aid Board or the owner
| or owners of said lands or rights IN
lands, feel a~ggrieyed by the. report ana
award of the said Commissioners, they
or either of them, may appeal from the
| said appraisernent and award, in respect
to their interests therein, to the next Cir
cult Court of the county wherein the said
lands are situate.
{8.1 Every appeal from the appraise-
| ment and award OF the said Commissions
ers shall be made in the form of a pc
tition to the said Court, and notice there
| of shall be given to the other parties
within fifteen days after the fling OF the
Commissioners report and award, which
proceedings shall vest in the Circuit Court
the authority and power to hear and de-
land or rights in lands the damages
sustained, If any and thereupon the said
Court shall direct a proper issue TO be
framed between the said parties for the
| trial of the said question and order a jury
to be struck for the trial of the same,
I and o view to be had of the premises
by the said jury, and the said issue shall
| be tried mon like notice and in like man
ner as other issues of fact are tried IN
said court; and it shall be the duty OF
| the said jury to assess the value OF the
said land in question. or rights IN iand
| and the damages sustained. If any; and
the party or parties appealing shall re-
cover costs in Such suit, II they Shatl
| succeed at the trial on the appeal in
changing the valuation or assessment in
| his, her or their favor, and shall pay
I costs. If they shall fail to do SO, but no
| appeal shall prevent the said Board from
taking the land, upon fling the Commits
| sioners' report and award, and payment
| or tender to the parties of the amount
/ thereof, as herein provided; upon the
| verdict of the jury, fixing the value of
the lands or rights in lands and dam
| ages, the Court shall enter Judgment for
| the amount thereof, with or without in
ions Of This act and the principles of law
applicable TO the trial Of similar issues
| in other eases, and the Judgment so en-
| tered shall he the sum which the owner
| or owners and other persons interested
| are entitled to have from the said Board
! for the said lands or rights in lands and
/ damages, and may be enforced in manner
| Judgment is pronounced in the said
| Court, and when the Commissioners
award is paid by the said Board into
| Court as herein provided, 1t shall be the
| duty of the Court to order the monies
SO paid into Court, applied to the pay
mert of the said judgment, and the sur
plus, if any, repaid to the said Board;
or route for the building or construction
of any work. authorized by this act, the
| said Board may, by It's officers, agents,
servants and employees. enter at all times
| upon any lands or waters. for the pur-
pose OF exploring, Surveylnsi ievelllnS
and laying out the route of any drain OF
sewer, locating any disposal, pumping or
| ing all necessary preliminary work. doing,
+ howeyer no unnecessary damage or in-