New Jersey § acts:saved-27 - (7)

§ acts:saved-27. (7)

7. 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 such county at the next term of said

court to be holden in said county; which proceedings shall vest in the circuit court

full right and power to hear and adjudge the same, and to 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 may be

tried in the same manner as other issues in said court are tried, and upon such notice

as the court may order, and if such jury 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 the said board of chosen freeholders, but if the said

jury shall be applied for by the said owner or owners, and shall find a less sum than

the said commissioners shall have awarded, then said cost 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 said board of chosen freeholders from taking the said land upon filing of the

said report as aforesaid; provided, that in no case whatever shall said board of

chosen freeholders enter upon or take possession of any land of any person or persons

except to make survey and maps as aforesaid, until they have paid or tendered the

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

as the value of said lands and damages, but in no case shall the proceedings of appeal

stay the entry upon and possession by said board of the lands or real estate so as

aforesaid taken and appraised in laying out and opening of said road; and provided

also, that if any party entitled to the payment of the amount so as aforesaid assessed,

shall refuse to receive the same, or be out of the state, or under any legal disability,

or such lands or real estate be encumbered by any judgment, mortgage or other lien,

then the amount assessed as aforesaid shall be paid into the court of chancery of

this state, and shall there be distributed according to law, and such payment into

court shall be taken and deemed a valid and legal payment.