New Jersey § acts:saved-15 - (13)

§ acts:saved-15. (13)

13. That when any company incorporated under this act, or its agents, cannot agree with

the owner or owners of such required lands for materials, or the use or purchase thereof,

or when, by the legal incapacity or absence of such owner or owners, no such agreement

can be made, a particular description of the land or materials so required for the

use of such company incorporated under this act, in the construction of said sea wall

or embankment, shall be given in writing, under oath or affirmation of some engineer

or proper agent of the company, and also the name or names of the occupant or occupants,

if any there be, and of the owner or owners, if known, and their residence, if the

same can be ascertained, to one of the justices of the supreme court of this state,

who shall cause any company incorporated under this act to give notice thereof to

the persons interested, if known and in this state, or if unknown and out of this

state to make publication thereof as he shall direct, for any term not less than ten

days, and to assign a particular time and place for the appointment of the commissioners

hereinafter named; at which time, upon satisfactory evidence to him of the service

or publication of such notice aforesaid, he shall appoint, under his hand and seal,

three disinterested, impartial and judicious freeholders, resident in the county in

which the land or materials in controversy lie, or the owners reside, commissioners

to examine and appraise the said land or materials, and to assess the damages, upon

such notice to be given to the persons interested as shall be directed by the justice

making such appointment, to be expressed therein, not less than ten days; and it

shall be the duty of said commissioners (having first taken and subscribed an oath

or affirmation before such person duly authorized to administer an oath, faithfully

and impartially to examine the matter in question and to make a true report according

to the best of their skill and understanding) to meet at the time and place appointed

and to proceed to view and examine the said land or materials, and to make a just

and equitable estimate or appraisement of the value of the same, and an assessment

of damages to be paid by the company for such lands or materials and damages aforesaid,

which report shall be made in writing, under the hands and seals of the said commissioners,

or any two of them, and filed within ten days thereafter, together with the aforesaid

description of the land or materials, and the appointment and oaths or affirmations

aforesaid, in the clerk's office of the county in which the land or materials are

situate, to remain of record therein; and thereupon, and on payment or tender of

payment of the amount awarded, as hereinafter provided, the said company is hereby

empowered to enter upon and take possession of the said lands or materials for the

purposes aforesaid, and the said report, or copy thereof, certified by the clerk of

said county, and proof of payment or tender of the amount awarded, shall at all time,

be considered as plenary evidence of the right of any company, incorporated under

this act, to have, hold, use, occupy, possess and enjoy the said lands or materials,

or of the said owner or owners to recover the amount of said valuation, with interest

and costs, in an action of debt in any court of competent jurisdiction, in a suit

to be instituted against the company if they shall neglect or refuse to pay the same

for twenty days after demand made of their treasurer, and shall, from time to time,

constitute a lien upon the property of the company in the nature of a mortgage, and

the said justice of the supreme court shall, upon application of either party, and

on reasonable notice to the others, tax and allow such costs, fees and expenses to

the justice of the supreme court, commissioners, clerks and other persons performing

any of the duties prescribed in this section as he shall think equitable and right,

which shall be paid by the company; provided always, that should any company, incorporated

under this act, or the owner or owners of any of the land or materials, feel aggrieved

by the decision of the commissioners aforesaid, he, she or they may appeal to the

next circuit court in the county wherein the said lands or materials may be.