Commission assessment of damages. be made of such road or street, or so much thereof as shall be proposed to be altered in its grade, which map shall show the proposed new grade; and shall give ten days notice by publication in two newspapers in Morristown, of the time and place of meeting of their committee on streets, to hear objections and suggestions as to such proposed change of grade, which the said committee is hereby authorized to hear, and which meeting may be adjourned from time to time, and said committee, after hearing such objections and suggestions, shall make a report to the common council, who shall then have power to act thereon, and pass such ordinances in the premises as they shall think best. 8. And be it enacted, That after the grade of any street ers to make shall be altered by virtue of any such ordinance, it shall be the duty of the common council, on the application in writing of any land owner who shall think himself or herself aggrieved or injured by such alteration, to appoint five disinterested freeholders of said town commissioners to make an estimate and assessment of the damages that any and each owner of land lying on the said street, whose grade has been so altered, has sustained by reason of such alteration. Shall take an 9. And be it enacted, That such commissioners, before entering on the execution of the duty of their appointment, shall severally take and subscribe an oath or affirmation before the mayor or town clerk of said town, to make such estimate and assessment fairly and impartially according to the best of their skill and judgment. oath. Proceedings in ments. 10. And be it enacted, That said commissioners shall making assess give ten days' public notice by advertisement in two newspapers printed and published in Morristown, of the time and place of their first meeting; and said commissioners, or a majority of them when met, shall have power to examine witnesses, under oath or affirmation, to be administered by any one of said commissioners, to enter upon and view the premises alleged to be injured by such alteration of grade, and to adjourn from time to time, and shall make a just and true estimate and assessment as aforesaid, and make a certificate of such estimate and assessment, and file the same with the town clerk, and it shall be binding and conclusive on the parties, as well the land owners as the common council, but any party interested, and also the common council, may appeal from the finding of such commissioners in the case of any of the land owners whose case is presented to and passed upon by the commissioners, within thirty days from the time of filing such certificate, and the supreme court shall thereupon order a trial by jury, to reassess the damages in the case or cases appealed from. made on lands 11. And be it enacted, That when the total amount of Assessments damages shall have been ascertained by virtue of the pro- for damages. ceedings herein before provided for, the means to pay the same shall be provided for by an assessment upon all the lands and real estate which shall be benefited by such change and alteration of grade, the same to be levied and assessed in proportion to the benefits each piece or parcel of land shall receive therefrom, and the amount levied and assessed upon any piece or parcel of land shall not exceed the benefit received by it, and the common council shall appoint five disinterested freeholders of said town commissioners to make such assessment and levy, who shall be sworn and proceed in all respects the same as hereinbefore provided for in the case of the commissioners to assess the damages, and there shall Right of apbe the like right of appeal from their certificate of assessment and levy. peal. final and con 12 And be it enacted, That the certificate last mentioned Certificate shall be final and conclusive upon the parties unless appealed clusive. from within thirty days from its filing with the town clerk; and on appeal from the assessment and levy, as to any one or more pieces or parcels of land shall not affect the assessment in other respects, and the amount assessed and levied on each piece or parcel of land shall, from the time of its being filed with said town clerk, be a lien on such pieces or parcels of land until paid, or otherwise discharged by law. have power to at law. 13. And be it enacted, That the common council shall Council shall have power to collect such levy and assessment by suit at collect by suit law against the owner of the piece or lot of land which upon it is levied, or by sale of the same to pay such assessment, or by both of these proceedings. tion. 14. And be it enacted, That in case of a suit at law to re- Manner of accover such assessment, the action shall be for money paid, laid out and expended for the use of the owner of said piece or lot of land, and the declaration shall be general, and at the trial the special matter shall be given in evidence in support of such action. sold under lien 15. And be it enacted, That the lien hereby declared and Lands may be imposed upon any piece or lot of land so assessed, shall and may be enforced by sale thereof at public auction, to be Due notice to be given of sale. made by the town treasurer, which sale shall be advertised and conducted in all respects the same as are sales of land by sheriff by virtue of executions, except the advertisements in one newspaper shall be sufficient; and said treasurer shall have power to adjourn said sale and re-advertise said premises to the same extent and in the same manner that a sheriff or master in chancery now has on sale under execution, and such sale shall be for the lowest term of years for which any person who bids will take the said piece or parcel of land and pay the said assessment with the interest, costs, fees and charge and expense of sale, which shall be the same as are allowed the sheriff in sales upon executions, excepting per centage; and the said treasurer shall make out and deliver to the purchaser a deed for the same, which may be acknowledged and recorded as other deeds, and no title under such sale shall be held invalid by reason of any defect or informality which would not invalidate a sheriff's sale, and no sale shall be invalidated by reason of any error or mistake in the amount due on the assessment and levy under which it is made, or for any overcharge of costs, fees, charges or expenses thereof, (but the treasurer shall be liable in damages to the party aggrieved for any such overcharge,) nor for any irregularity of the common council in their proceedings to grade said street. 16. And be it enacted, That no proceedings to sell under the foregoing provisions shall be taken until after the said certificate of assessment and levy shall have been on file thirty days with the town clerk, nor until after the town treasurer shall have advertised that the same has been on file for two weeks in the two newspapers published in Morris town. 17. And be it enacted, That this act shall take effect immediately. Approved March 2, 1870. CHAPTER CLI. An Act to incorporate the Ridgeway Grape and Cranberry Company of Ocean County. Names of corporators. name and ob 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Richard B. Parker, R. C. Browning, Charles E. Parker, C. C. Bristol, Jacob H. Wyckoff, and all such persons as may hereafter be associated with them, their successors and assigns, be, and they are hereby constituted a body politic and corporate in fact and in law by the name of "The Ridgeway Grape and Cranberry Corporate Company of Ocean County," for the purpose of buying, hold jects. ing, cultivating and improving lands in Ocean county, and for raising and selling grapes, cranberries and other fruits, and other produce of said lands, and carrying on the business. connected therewith, and erecting such buildings and holding such personal property as may be necessary therefor, and that they and their successors, by the same name, may sell, grant, alien, mortgage and dispose of the said lands, tenements and hereditaments, grapes, cranberries, produce, fruits, goods and chattels, or any part thereof; and may lay, open, make and maintain ditches, drains and embankments through their own and adjoining and contiguous lands as they deem for the benefit of said lands doing no unnecessary damage and subject to such compensation to be made therefor as is hereinafter directed. when compa 2. And be it enacted, That if the said company or their Proceedings agents cannot agree with the owner or owners of such re- ny and owners quired lands for the use or purchase thereof, or when by rea- cannot agree. son of the legal incapacity or absence of such owner or owners, no such agreement can be made, then one of the justices of the supreme court of this state, or one of the judges of the court of common pleas, in aud for the county of Ocean, shall on application of either party, nominate and appoint three disinterested persons to examine such lands and estimate the value thereof or damage sustained thereby, who shall at the same time take into consideration all the benefits which the said owner or owners may derive from, or in consideration of said improvements, and who shall after Amount of capital stock. at least ten days' notice to the parties of the time and place where they will be heard in relation to the matter, proceed without delay to make their report thereon, and deliver the same to the court at the next session thereof, which shall be held in the said county; and whenever such report shall be confirmed by the court aforesaid, the said company shall within two months thereafter, pay to the said owner or owners, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damages sustained, as the case may be; and thereupon the said company shall become seized in fee of such lands so required and shall be discharged from all such claim by reason of such damage, but no claim shall be made or allowed after the expiration of three years from the time the lands are taken or the damages sustained. 3. And be it enacted, That the capital stock of said company shall be seventy-five thousand dollars, with the liberty to increase the same to one hundred thousand dollars, which shall be divided into shares of one hundred dollars each, and that subscriptions to the capital stock may be paid in real and personal estate in a valuation to be agreed upon by a majority of the directors; and the said corporation may issue stock in payment therefor, and that the subscriptions for stock shall be opened in the village of Manchester, in Ocean county, at such time and place as the directors may designate, under their direction, or that of such person or persons as a majority of them may Powers of di- 4. And be it enacted, That the affairs of said corporation shall be managed by a board of five directors, one of whom shall be president, and a majority of whom shall have all the powers of the board, and they shall hold their office for one year, and until others are elected in their places, and shall have power to make by-laws for the government and management of said corporation, and shall hold their meetings at such times and places in this state or elsewhere, as the bylaws may provide; and that until an election for directors shall be held, the persons named in the first section of this act shall be directors. rectors. How dissolved Proviso. select. 5. And be it enacted, That the said corporation may be dissolved by a general meeting of the stockholders, specially called for that purpose; provided, that at least three-fourths in value of the holders of the capital stock shall concur |