New Jersey § acts:saved-40 - (4)

§ acts:saved-40. (4)

4. That if it should become necessary, in the opinion of said water commissioners, to

lay pipes through any private lands, or if any private lands shall be required for

erecting reservoirs or other works thereon or from which they may desire to take and

use the water of any spring or springs, stream or streams of water, and no agreement

can be made with the owner or owners thereof, as to the amount of compensation to

be paid for the laying of said pipes through said lands, or the price of such lands,

as the case may be, by reason of the unwillingness of said owners, or any of them,

to accept such compensation or price as said water commissioners may deem reasonable,

or by reason of the absence or legal incapacity of said owners, or any of them, it

shall be the duty of either of the justices of the supreme court of this state, upon

application to him by said water commissioners, and after ten days' previous notice

in writing of such application to the persons interested, if known and in this state,

or if unknown or out of the state, after publication thereof for any term, not less

than ten days, in a newspaper published in such town, to appoint three disinterested

appraisers, from the county wherein such town is situate, to determine the compensation

to be paid for the laying of said pipes through said lands, or the price to be paid

for said lands, as the case may be; and it shall be the duty of said appraisers (after

having taken an oath or affirmation faithfully and impartially to discharge the trusts

herein reposed in them, and after having carefully viewed the premises) within twenty

days after their appointment, to deliver to said water commissioners a written appraisement,

under the hands and seals of them, or a majority of them, of the award they have made,

containing a full description of the lands required as aforesaid, which appraisement

the said water commissioners shall cause to be recorded in the registry of deeds for

the said county; and upon payment or tender, by the said water commissioners to such

owner or owners as aforesaid, or some one of them, of the sum awarded in such appraisement,

if any, then the said water commissioners shall have power to enter upon and take

possession of the said lands for the purposes aforesaid, and the said town shall be

deemed seized in fee simple of the lands required for the erection of the said reservoirs

or other works as aforesaid; and in case any owner or owners of such lands shall

be feme covert, under age, non compos mentis, or out of the state, then and in that

case it shall be sufficient for said water commissioners to pay the amount which may

have been appraised as aforesaid, into the court of chancery of this state, subject

to the order of said court, for the use of the party or parties entitled to the same;

the costs of all which proceedings shall be taxed by the said justice of the supreme

court, and paid by the said water commissioners.