New Jersey § acts:saved-40 - (5)

§ acts:saved-40. (5)

5. That in case the commissioners or the owner or owners of the said land shall be dissatisfied

with the award of the appraisers named in the preceding section, and shall apply to

the justices of the supreme court at the next term after filing of the said award,

the court shall have power, upon good cause shown, to set the same aside, and thereupon

to direct a proper issue for the trial of the 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 circuit 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 damages sustained, and if they shall find a greater sum than the said appraisers

shall have awarded in favor of the said owner or owners, then judgment therefor, with

costs, shall be entered against said commissioners, and execution awarded therefor;

but if the said jury shall be applied for by the said owner or owners, and shall find

the same or a less sum than the commissioners shall have offered or the said appraisers

awarded, then the said costs to be paid by said applicant or applicants, and either

deducted out of the said sum found by the said jury, or execution awarded therefor,

as the court shall direct; but such application shall not prevent the commissioners

from taking or laying pipes through said lands upon the award of the appraisers, the

value or damages being first paid, or upon a refusal to receive the same, upon a tender

thereof, or the owner or owners thereof being under any legal disability, the same

being first paid into the court of chancery.