posed of.

or refusal to re

the sale; and if upon any such sales a surplus should remain, the manager shall pay the same over to the owner or posses- Surplus of sor, as the case may be; and it shall also be the duty of said sales, how dismanagers, or either of them, to view the banks and waterworks at least once in every month; and in case any member of said company shall neglect or refuse to keep up and maintain his part or portion of any bank, sluice, or watercourse, which is or may be laid off or assigned to him to be kept up and maintained, it shall be the duty of the managers, or either of them, to give such person (if resident within said township) notice in writing, either personally or by leaving such notice at Proceedings in his usual place of abode, to repair the same; and if such per- case of neglect son shall still neglect or refuse to amend or repair said bank or pair bank, &c. sluice, or to open such watercourse, for the space of five days after the service of such notice, or in case of a breach in said bank, or if the said member be not resident in said township, then, without giving any such notice, the said managers, or either of them, are required to amend or repair said bank or sluice, and open such watercourse, and to collect the expense thereof, in the manner hereinbefore prescribed for the collection of assessments, from the person to whom the same has been assigned; and it shall be the duty of the managers, or either of them, to keep all laid out private roads in said meadows in good repair, and to collect the expense thereof from the owners and possessors using the same, in proportion to their use thereof, in the manner hereinbefore pointed out for the collection of assessments; provided always, that every Managers to such owner or possessor may have the privilege of working good repair. out his proportion of such expense upon such roads, under the direction of the managers, or either of them, who are hereby required to give five days' notice to all persons concerned, if

keep roads in

resident in said township, before commencing any reparation To exhibit anof such roads; and the said managers shall exhibit their ac- nual accounts. counts for settlement at every annual meeting, and pay over

all moneys remaining in their hands belonging to said company

to their successors in office.

maintained.

Sec. 4. And be it enacted, That the banks enclosing said Banks, how to meadow shall be kept up and maintained as they are now laid be made and off and allotted to each of the several owners thereof, until it shall be determined at an annual meeting, by a majority of said company, to have a new allotment; and that in dividing the meadow, the commissioners shall divide the bank among all the owners thereof; and the managers and persons having bank to maintain, who are not the owners of the soil, are authorized to take mud and earth for making or repairing the same from the said meadow, where it may be most convenient for that purpose and least injurious to the owners; and

Duty of the clerk.

Disputes in

how determin

ed.

all sluices which are now laid, or may hereafter be laid, with two rods of bank or dam over the same, shall be made and maintained by an assessment upon all the meadows within the said bounds, unless at an annual meeting it shall be agreed, by a majority of said company, to divide the same, in which case the ditches may be stopped between the divisions, so as to prevent the water from passing from one division to the other; and the owners and possessors in each division are to make and maintain the sluices in such division, by an assessment upon the meadows in that division.'

Sec. 5. And be it enacted, That the clerk shall provide a book, at the expense of the company, and enter therein the proceedings of all meetings held by the company, and all judgments and decisions that may be rendered by the commissioners; and it shall also be the duty of the clerk to assess upon the several owners and possessors of said marsh and meadow, according to the quantity of meadow that each may have, own, or possess, all sums of money that may be ordered to be raised by the managers, or either of them, with the approbation of any two of said company, for the use of the company, in defraying the necessary expenses thereof.

Sec. 6. And be it enacted, That it shall be the duty of the commissioners to hear and determine all disputes that may arise in said company, between any persons interested therein; said company, and the said commissioners, after hearing the parties and viewing the premises, shall give judgment in writing, under their hands or the hands of any two of them, as well in respect to the cost as to the matter in controversy; but in no case shall they proceed to hear and determine the matter in dispute, unless the party complainant shall notify his adversary of the time, place, and object of the hearing; and if either party shall think himself aggrieved by any such judgment or decision, then three other commissioners shall be appointed within ten days after the giving of said judgment or decision, in the manner following, that is to say: each of the disputing parties shall choose one, and the two thus selected shall choose the third; but the party thinking himself aggrieved shall have the power of choosing the first two commissioners, provided the adverse party should neglect or refuse to appoint a commissioner within one day after notice given him by the party thinking himself aggrieved, of his intention to appeal; and the three commissioners thus chosen, together with the regular commissioners, shall give the parties a rehearing, and their decision, or that of any four of them, shall be final and conclusive between the parties, as well with respect to the costs as to the matter in dispute.

Sec. 7. And be it enacted, That all line or division ditches

between any of the owners or possessors shall be watercour

ses, and all ditches that are eight feet wide at the top, and three Ditches to be feet deep from the surface of the meadow, and which lie on a kept open. mud or miry bottom, shall be deemed lawful fences, and all trespasses done over or through them shall be punishable as if done over or through any other lawful fence; and that the said ditches shall be opened and kept open by the owners or possessors, jointly, through whose meadow they may pass, and the mud and earth taken therefrom shall be thrown as equally upon each side as may be, unless otherwise agreed upon by the parties; and when ditches shall be dug or cleaned out along private roads, the mud or earth must all be thrown into said road, if the manager having charge thereof requires it.

Owners to mow or trim banks.

or refusal.

Sec. 8. And be it enacted, That it shall be the duty of each and every owner and possessor of meadow adjoining the tide or cross-banks, to mow or trim all the banks standing on his meadow and marsh, and clear the same of all kind of rubbish, once between the first day of June and the tenth day of July, and once between the first day of September and the first day of October, in each and every year; and in case any of the said owners or possessors shall refuse or neglect to perform Proceedings in any of the duties hereinbefore prescribed, after ten days' no- case of neglect tice in writing, given by one of the managers, in the manner pointed out in the third section of this act, then it shall be the duty of the managers, or either of them, to have such work done, and to present his or their account therefor to such person as shall neglect or refuse as aforesaid, and upon his neglecting or refusing to pay the same for the space of ten days, then the said expense shall be collected in the manner pointed out in the third section of this act for the collection of assessments.

to perform du

Proviso.

Sec. 9. And be it enacted, That if any person, duly appointed a manager, clerk, or commissioner in said company, Penalty for neshall neglect or refuse to perform any of the duties required of gleet of officers him by this act, he shall, for every such refusal or neglect, ties. forfeit and pay the sum of ten dollars, to be recovered in an action of debt, with costs of suit, by any owner or possessor of marsh or meadow in said company who shall sue for the same; provided always, that no manager shall be liable to be prosecuted until he shall have had five days' notice, in writing, served upon him by some person interested, setting forth the case requiring his attention; and if it be work ordered to be done for the company, then not unless he shall have funds of the said company in his hands sufficient to defray the expense of said work; and provided also, that no commissioner shall be liable to be prosecuted for neglecting or refusing to hear and determine any dispute, as mentioned in the sixth section

Managers to open drains, &c.

of this act, until he shall have had five days' notice, in writing, served on him, either personally, or left at his usual place of abode, by one of the parties in dispute, setting forth the case requiring his attention.

Sec. 10. And be it enacted, That it shall be the further duty of the managers to lay, or cause to be laid, as many sluices in the tide-bank, and open drains thereto, as shall be sufficient to drain every part of such meadow, and to see that the said drains are kept clear, so as to effect the draining thereof, charg ing the expense of the sluice and dam, as directed in the fourth section of this act, and the expense of the watercourses, to the owner or possessor through whose meadow they may pass; and in case a majority of said company, at an annual meeting, shall agree to admit the tide upon the meadow, for the purpose of improving the same, it shall be the duty of the managers to cut the bank at the time fixed upon in the places pointed out by the company for cutting the same; and when a majority, as aforesaid, shall agree to reclaim the same, then it shall be the duty of the managers to stop said breaches; and the expense of cutting and stopping, as aforesaid, shall be defrayed by a tax upon the whole company, in proportion to the meadow by them owned or possessed; and the cross-bank shall be kept up and maintained in the same manner.

Sec. 11. And be it enacted, That all the meadows belonging Meadows liable to said company shall be held liable for all the expenses of for expenses of any repairs which may be done to the banks, sluices, roads, or repairs. watercourses, by the managers, or either of them, agreeably to the directions of this act, any judgment or execution, or any sale or alienation of the meadow, in anywise notwithstanding.

Manner of vot

Sec. 12. And be it enacted, That in all cases of an election of officers, or for other purposes, the mode of voting shall be ing for officers. in person or by proxy in writing, duly executed, and each and every owner or possessor shall be entitled to one vote; provided always, that there shall not be more than one vote given for meadow owned by the same person, unless it belongs, or is attached to two or more of his or her farms.

to commission

ers.

Sec. 13. And be it enacted, That the commissioners shall Compensation be allowed one dollar and fifty cents per day, each, for every day that they may be employed in the discharge of the duties required of them by this act, and the managers shall be allow ed twenty-five cents per day, each, over and above the wages of common workmen.

Present managers.

Sec. 14. And be it enacted, That Samuel Bond and William Somers shall continue to be the managers of said meadow un

til the first Thursday in April next, and until others shall be chosen.

Part of former

Sec. 15. And be it enacted, That the act entitled, “An act concerning the marsh and meadow lying between the fast land act repealed. of Mahlon Haines, on the river Delaware, and the fast land of John Somers, on Oldmans creek, in the township of Upper Penns Neck, in the county of Salem," passed the twenty-fourth of November, eighteen hundred and nine, so far as it relates to the Amicable Meadow Company, shall be, and the same is hereby repealed.

Passed February 14, 1843.

A supplement to an act entitled, "An act to change the trust of the real estate of Charlotte Losey, and to authorize a sale of the same," passed the tenth day of March, eighteen hundred and thirty-seven.

WHEREAS, by a certain deed of conveyance, bearing date the twentieth day of October, eighteen hundred and twenty-one, executed by Jacob Losey, of the one part, and Charlotte Shotwell, (afterwards Charlotte Losey) of the second part, and Daniel Ayers, of the third part, certain personal property, therein mentioned, was conveyed by the said Charlotte to the said Daniel Ayers, in trust for the special uses and purposes therein expressed; and whereas, by a certain other deed of conveyance, bearing date on the day and year aforesaid, executed by the said Jacob Losey, of the first part, and the said Charlotte Shotwell, of the second part, and by Henry Moore, junior, William Laign, and Richard H. Arnold, of the third part, certain lands and premises therein described, being two several lots of land, situated in the township of Randolph, in the county of Morris, one whereof contains nineteen acres, and the other six acres, more or less, were conveyed to the said Henry Moore, junior, William Laign, and Richard H. Arnold, in trust and for the special uses and purposes therein mentioned ;-and whereas, by the act to which this is a supplement, at the request and by the consent of the parties interested, the

H

Preamble: