New Jersey § acts:saved-15 - (14)

§ acts:saved-15. (14)

14. That every appeal from the decision of the commissioners appointed under the preceding

section, shall be made in writing and in the form of a petition to said court, and

filed with the clerk of said circuit court of the county wherein the lands or materials

appraised by the said commissioners shall be, and notice in writing of such appeal

shall be given to the opposite party within ten days after the filing thereof, which

proceedings shall vest in the circuit court full right and power to hear and adjudge

the same, and direct a proper issue for the trial of said controversy to be formed

between the said parties, and to order a jury to be struck and a view of the premises

to be had, and the said issue to be tried at the next term of said court to be holden

in said county, upon the like notice and in the same manner as other issues in the

said court are tried; and it shall be the duty of the said jury to assess the value

of the said land or materials and damages sustained, and if they shall find a greater

sum than the said commissioners shall have awarded in favor of the said owner or owners,

then judgment thereon, with costs, shall be entered against any company incorporated

under this act and execution awarded therefor; but if the said jury shall be applied

for by the owner or owners and shall find a less sum than the company shall have offered

or the said commissioners shall have awarded, then said costs shall be paid by said

applicant or applicants, and either deducted out of said sum found by the said jury

or execution awarded therefor, as the said court shall direct; but such application

shall not prevent the company from taking the said land, upon filing the aforesaid

report; provided, that in no case whatever shall said company incorporated under

this act enter upon or take possession of any land of any person or persons for the

purpose of actually constructing said works or of making any erection or improvements

whatever, or otherwise appropriating said lands to the use of any company incorporated

under this act, until they have paid to the party or parties entitled to receive the

same amount assessed by the commissioners as the value of such land or damages, in

case the report of commissioners is not appealed from, or if the same is appealed

from, then the amount which shall be found by the jury by whom the issue shall be

tried; but in case the party or parties entitled to receive the amount assessed by

the commissioners, in case there shall be no appeal, and in case of appeal, the amount

found by the jury, shall refuse upon tender thereof being made to receive the same,

or shall be out of the state or under any legal disability, then the payment of the

amount assessed or found as aforesaid, into the circuit court of the county wherein

the said lands lie, shall be deemed a valid and legal payment; and further, that

the party or parties entitled to receive the amount assessed by the commissioners,

may, upon tender thereof being made, receive the same without being barred thereby

from his or their appeal from the report of the commissioners; and on such tender

or payment of the money into court, in case it be refused as aforesaid, the said company

shall be empowered to enter upon and take possession of said lands and proceed with

the work of constructing its sea wall or embankment; provided, nothing in this act

shall be construed to apply within the limits of any incorporated city, nor to affect

the rights of the state to any lands under water.