which owners and possessors, or such as shall assemble in pursuance of the said notice, shall, when met, proceed to elect, by a plurality of votes, five persons, being owners of some part of the said tract, who shall be managers thereof, and who shall make, repair, and maintain the fences necessary to enclose the said tract, gates, and bridges aforesaid, make assessments, and superintend the expenditure of all moneys to be received and paid for the purposes aforesaid; and shall also, at the same time, proceed to elect, by plurality of votes, three judicious freeholders of the township of Lodi, not interested in the said tract, as commnissioners of appeal; which said managers and commissioners of appeal shall continue in office for one year from the first Saturday in April next, and until others shall be chosen; and all elections for managers and commissioners of appeal shall be held on the first Saturday in April, in each year after the present, between the hours of one and three o'clock in the afternoon, at such place as shall be designated by the managers for the time being, or a majority of them, of which place of meeting, so designated, ten days' notice shall be given, previous to the time of meeting, by advertisements, signed by the said managers, or a majority of them, and put up in three public places, one whereof shall be in the township of Lodi, and two in the township of New Barbadoes; and all such elections shall be conducted in the same manner as that mentioned in the first part of this section.

owners and a

ment.

Sec. 5. And be it enacted, That the persons so elected as Managers to enaforesaid, to make, repair, and maintain the fences, gates, and ter in a book bridges, make assessments and superintend the expenditure of the names of money, or a majority of them, shall, by virtue of this act, be mount of assessauthorized to ascertain the number of acres of meadow usually mowed, or fit to be mowed, as accurately as they can, which each individual owns or possesses therein, either by an actual survey or otherwise, as shall be agreed on by a majority of the owners and possessors met at their first or any subsequent meeting; and shall fairly enter in a book, to be provided by them for that purpose, the names of all who may own or possess any meadow lying within said tract, together with the number of acres owned or possessed by each, and usually mowed, or fit to be mowed, and the amount of money assessed to each; also the names of the persons from time to time elected to superintend the expenditure of moneys assessed for making and repairing the fences, gates, and bridges aforesaid, the names of the persons from time to time elected commissioners of appeal, and the proceedings relative to enclosing of the said tract; which book shall be kept by the persons elected o superintend the expenditure of money as aforesaid.

Sec. 6. And be it enacted, That as soon as the managers

Expense of enclosing said tract, how defrayed.

aforesaid, or a majority of them, shall have ascertained the number of acres of meadow usually mowed, or fit to be mowed, which each individual may own or possess in said tract, they, or a majority of them, shall proceed to make an estimate of the probable amount of money which may be required to defray the expenses of enclosing the said tract, in the manner hereinbefore mentioned; and shall assess and collect the same from the several owners and possessors of the said tract, ratably, in proportion to the number of acres of meadow, as aforesaid, which each may own or possess therein, that is to say: the amount to be assessed against, and paid by each owner or possessor of any part of the said tract, shall bear the same proportion to the whole number of acres of meadow, as aforesaid, which each owner or possessor may have therein, that the whole amount proposed to be raised bears to the whole number of acres of meadow, as aforesaid, contained in said tract; and if the amount so assessed and collected shall be found to be insufficient to defray the expenses of enclosing the said tract, and to keep the fences, gates, and bridges, as aforesaid, in repair, the said managers, or a majority of them, are hereby authorized and empowered to make such further assessments, upon the principle hereinbefore mentioned, as they, or a majority of them, shall from time to time think necessary for that purpose.

Sec. 7. And be it enacted, That as soon as the said managers, or a majority of them, shall have ascertained the numManagers to ad- ber of acres, as aforesaid, that each individual may own or

vertise amount

of assessment.

possess in the said tract, and the amount assessed against each, it shall be their duty to advertise the same, by setting up statements containing the names of all who may own or possess any meadow within the said tract, the number of acres, as aforesaid, owned or possessed by each, and the sum which each has been assessed to pay, for the space of twenty days, in five public places, two whereof shall be in the township of Lodi, and three in the township of New Barbadoes, to which said statements they shall subjoin a written notice, specifying the time (which shall be on some day after the expiration of the said twenty days, and fixed upon by the said managers, or a majority of them,) and place when and where the commissioners of appeal will meet for the purpose of discharging their duties under this act; and shall also furnish each of the said commissioners of appeal with a copy of the said statement and notice, at least five days before the time appointed for their meeting as aforesaid.

Sec. 8. And be it enacted, That it shall be the duty of the said managers to attend, before the said commissioners of appeal, at the time and place mentioned in said notice, with the

book hereinbefore directed to be provided by them; and it

shall be lawful for the owners and possessors of the said tract, Disputes, how or such of them as shall think themselves aggrieved by the determined. said assessment, to attend, at the same time and place, before the said commissioners of appeal, and to state their objections, either as to the number of acres for which such owner or possessor thinking himself aggrieved has been assessed, the amount assessed against him, or as to the number of acres for which any other owner or possessor has been assessed, or the sum assessed against such owner or possessor; and the said commissioners, after hearing the objections and allegations of the person or persons thinking himself or themselves aggrieved of the managers, and of all other parties interested in said tract who may appear before them, if any shall be of fered, and inquiring into such facts as they shall deem necessary to enable them to form a correct judgment, and duly considering the same, shall ascertain the number of acres each owner or possessor may have in said tract, and adjust and fix the amount to be paid by each, according to the principle mentioned in section sixth of this act, and shall make a written statement thereof; which said adjustment, both as to the number of acres which each owner or possessor may have in the said tract, and the amount to be paid by each, shall be final and conclusive; and their statement shall be entered in the said bo k, and certified in writing in the said book, under the hands of the said commissioners, to be a true statement of the number of acres which each owner or possessor may have in said tract, and of the sum to be paid by each, respectively, as finally fixed and adjusted by them at the time aforesaid.

clusive, if no

Sec. 9. And be it enacted, That if, at the meeting of the Assessment to said commissioners as aforesaid, no objection shall be taken to be final and con the assessment as first made by the managers aforesaid, the objection be same shall be allowed by the commissioners without alteration, made. and shall be entered in the said book as final and conclusive, and be certified in the manner aforesaid.

assessment.

Sec. 10. And be it enacted, That as soon as any assesment Proceedings in is finally adjusted and fixed, entered and certified, as aforesaid, case of neglect it shall be the duty of the said managers to demand from each or refusal to pay individual his or her proportion, as finally fixed and adjusted as aforesaid, either personally or by leaving a statement of the sum he or she is to pay with some white person resident at his or her dwellinghouse or place of abode; and on failure of payment thereof, for thirty days after such demand, they shall make out a list of the names of such delinquents residing in the county of Bergen as shall have refused or neglected to pay their respective proportions, together with the amount due from each, respectively, thereto annexed, and shall deliver the same

Penalty in case

ble to pay mo.

neys, &c.

to some justice of the peace of said county, who, on due proof being made to him that the amount due from each delinquent, respectively, had been demanded as is herein mentioned, more than thirty days previous thereto, (which said proof may be made by the person making the demand, who shall be a competent witness for that purpose,) and also, on due proof being made to him that the amount demanded of such delinquent was fixed and adjusted by the commissioners of appeal aforesaid, in the manner aforesaid, (which may be proved by the oath of one of the said managers) to make out and deliver to any constable of the said county a warrant or warrants, commanding him to levy the amount due from each delinquent respectively mentioned therein, with costs, by distress and sale of the goods and chattels of the delinquent, giving at least four days' notice of the time and place of such sale, by advertisements set up in three of the most public places in the township in which such delinquent resides; and. it shall be the duty of such constable to pay the amount raised under any warrant issued as aforesaid, to the justice issuing the same, within. twenty days after the date thereof, and such justice shall forthwith pay the same to the managers aforesaid; and if any delinquent, as aforesaid, shall reside in any other county, then it shall be the duty of the said managers to deliver the name of such delinquent, with the amount due from him or her, to any justice of the peace residing in such county, who, together with any constable of such county, shall proceed in all things in the manner aforesaid, in collecting and paying over the amount due from such delinquent; and the justice who shall issue any such warrant shall be allowed the sum of twelve cents for every delinquent's name contained therein, and the constable to whom the same may be delivered, thirty-seven cents for every distress and sale as aforesaid.

Sec. 11. And be it enacted, That if any constable, to whom any such warrant shall be delivered, shall neglect or refuse to of neglect or re- execute the same, as hereinbefore directed, or shall neglect or fusal of consta- refuse to pay the amount collected under such warrant to the justice issuing the same, he shall forfeit and pay for every such neglect or refusal ten dollars, to be recovered, with costs, by action of debt, by and in the name of any one of the managers aforesaid, in any court of competent jurisdiction, besides being liable for the amount so collected as aforesaid, and which he shall refuse or neglect to pay over to the said jus tice; which said amount may be recovered by and in the name of any one of the managers aforesaid, besides costs, in an action of debt, in any court of competent jurisdiction.

Sec. 12. And be it enacted, That in case of the death, removal, inability, or refusal to serve of any of the said persons

who shall have been elected managers, or of any or either of

the persons who shall have been elected commissioners of ap- Vacancies, how peal, before the next annual election, or before others shall supplied. have been chosen, then it shall and may be lawful for any three of the owners or possessors of the said tract to call a meeting of the owners and possessors of the same, at such time and place (within the townships of Lodi or New Barbadoes) as they shall appoint, giving at least ten days' previous notice of the time and place of such meeting in writing under their hands, and fixed up in three public places, one whereof shall be in the township of Lodi, and two in the township of New Barbadoes; and the owners and possessors, or such as shall assemble in pursuance of the said notice, shall proceed to elect, by plurality of votes, a fit person or persons, qualified as is required by this act, to fill such vacancy or vacancies until such annual election and until others shall be chosen, whose names shall be entered in the book aforesaid.

Commissioners

Sec. 13. And be it enacted, That the aforesaid commissioners of appeal, when convened for the discharge of their duties of appeal to under this act, and before they proceed in the execution of the take oath. same, shall be sworn, before some justice of the peace of the county of Bergen, well and faithfully to execute the duties of commissioners of appeal under this act, according to the best of their knowledge and understanding, without favour or partiality.

commissioners

Sec. 14. And be it enacted, That the commissioners of ap- Compensation peal, elected by virtue of this act, and the persons elected as of managers and managers, shall be entitled to receive at the rate of one dollar of appeal.. per day, for every day necessarily spent in executing the duties of their offices under this act; the moneys necessary for defraying the same, to be included in and raised by the assessment to be made in manner aforesaid.

moneys on

Sec. 15. And be it enacted, That the persons elected as Managers to managers of said tract, shall account to the owners and pos- make annual sessors of the same, at the time of holding their election for statements of officers, for all moneys which have come to their hands as hand. aforesaid, and shall pay over the balance remaining in their hands, if any, to their successors, and shall deliver to them the book or books directed to be kept as aforesaid, and all vouchers and other papers relating to the execution of their duties under this act, immediately on their going out of office, under the penalty of one hundred dollars on the defaulter, to be sued Penalty. for and recovered by and in the name of any of their successors, with costs of suit, in any court of competent jurisdiction, and to be applied by them, when recovered, to the purposes contemplated by this act.