AN ACT for the relief of Recompence Hand of the county of Cape May.

Hand.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That the treasurer of this state, for the $50 per antime being, shall and he is hereby authorized and required to num to be pay Recompence Hand, of the county aforesaid, a soldier in paid to R. the revolutionary war of the United States, or his order, the sum of fifty dollars per annum, to be paid to the said Recompence Hand in half-yearly payments, from the passing of this act, during the lifetime of the said Recompence Hand, the first payment to be made on the passage of this act; and the receipt of the said Recompence Hand, or his order, shall be a sufficient voucher to the treasurer for such sum or sums of money as he may pay by virtue of this act, in the settlement. of his accounts.

Passed January 27, 1844.

AN ACT for the relief of Jeremiah Hand, of the county of Cape May.

num to be

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state and it is hereby enacted by the au thority of the same, That the treasurer of this state for the time being, shall be, and he is hereby authorized and required $50 per anto pay Jeremiah Hand, of the county aforesaid, a soldier in the revolutionary war of the United States, or his order, the paid to J. sum of fifty dollars per annum, to be paid to the said Jeremiah Hand. Hand, in half-yearly payments, from the passing of this act, during the lifetime of the said Jeremiah Hand; the first payment to be made on the passage of this act, and the receipt of the said Jeremiah Hand, or his order, shall be a sufficient voucher to the treasnrer for such sum of money, as he may pay by virtue of this act, in the settlement of his accounts. Passed January 27, 1844.

make assessment,

AN ACT to enable the owners and possessors of the meadows and flowed lands on the Passaic river and its branches, between the mill-dam at the Little Falls, and the mill-dam at Chatham, in the counties of Essex, Morris, and Passaic, to break up the reefs in said river, to widden the channel of the same, and to remove all obstructions to the free course of the water out of the said river, between the said mill-dam at the Little Falls, and one hundred yards above the two bridges.

Sec 1. BE IT ENACTED by the Council and General AsManagers to sembly of this state, and it is hereby enacted by the authority of the same, That it shall be the duty of the managers and their successors, to be appointed in the manner hereinafter directed, to assess all the flowed lands on the River Passaic and its branches, except Pompton river, between the mill-dam at the Little Falls and the mill-dam at Chatham, benefited by breaking up the reefs in said river, widening the channel of the same, wherever in the opinion of the managers it shall be necessary, and removing all obstructions to the free course of the waters out of said river between the mill-dam at the Little Falls on said river, and one hundred yards above the two bridges, for such sums of money as shall in their judgment be sufficient to break up and remove said reefs, widen said channel, and remove said obsiructions, and for the expenses of assessing, collecting, and expending the same.

Asse-sments when payable.

Sec. 2. And be it enacted, That the said managers, or a majority of them shall make a fair and reasonable assessment of all the above flowed lands, whether in the hands of the owners and possessors, in proportion as well to the quantity each person is possessed of, as the benefits each person may receive therefrom; which assessment shall be payable in three equal instalments, the first not to be paid sooner than thirty days, the second not sooner than six months, the third not sooner than twelve months; and the managers, or one of them, shall give notice to the owner or possessor; and if such owner or possessor shall think him, her, or themselves aggrieved by any assessment made by virtue of this act, it shall and may be lawful for such person or persons to apply to Abraham Britten, Silas Tuttle and Justice A. Burnit, who are hereby appointed commissioners of appeal, to meet for the purpose of examining all taxes on lands supposed to be overtaxed, giving notice to the managers appointed at least three

days previous to the meeting of the said commissioners of appeal; and if it appears to them that such person or persons are overtaxed, to strike off such sum or sums as shall appear too much, together with such part of the expenses of said attendance as they shall think just and right; and the judgment of said commissioners, or any two of them, shall be conclusive to the parties; but the expense of ascertaining the quantity of flowed lands each person is possessed of in cases where the quantity is disputed, shall be borne by such owner or possessor, him, her, or themselves.

Proceedings

In case of

Sec. 3. And be it enacted, That if any person or persons who shall be assessed by the managers aforesaid, shall neg lect or refuse for the space of forty days, after notice given them in writing, to pay the money, by one of the managers, neglect or reor if they think themselves aggrieved, to procure the said fiat to pay commissioners of appeal to meet and determine the same, that ass simcit. then it shall be lawful for the managers, or any one of them, to make return of the name or names of the person or persons, with the sum he, she, or they were taxed, or which shall be judged to be due by said commissioners of appeal, to any justice of the peace in the county where such person or persons reside; which justice, upon the oath of one of the managers, that the tax has been demanded twenty days previous thereto, shall immediately issue his warrant of distress, directed to some one of the constables of said county, commanding him within thirty days, to seize upon the goods" and chattels not reserved by law, of such delinquent or delinquents, and to make sale of the same, or so much thereof as may be sufficient to pay the sum assessed, together with the costs, and to pay the same to the managers or one of them; and when no goods and chattels of any delinquent. owners and possessors can be found, or not sufficient of the same to pay the assessments of such delinquent or delinquents, then commanding said constable to enter upon his, her, or their said meadow and flowed lauds, and within the time aforesaid to make sale, by giving ten days' notice thereof by advertisement set up in three of the most public places in the neighborhood of said meadows and flowed lands, of the timber or herbage, or both, standing and growing upon the same, or so much thereof as shall be sufficient to pay the assessments aforesaid, and the costs accruing thereon; and shall pay over the same to the managers: and the said constable shall make return of said execution within three days after the expiration of said thirty days, and the justice and constable shall receive the same fees, and be liable to the same penalties as in actions of debt.

Sec. 4. And be it enacted, That when the said constable

Lands of de

Inquents may be sold for a term of

years.

Proviso.

statement of

accounts, &c.

shall make return that no goods and chattels, or timber and herbage, standing and growing on said meadows and flowed lands of such delinquent or delinquents could be found, or not a sufficient amount of the same to pay such assessments as aforesaid, that then, for the security of the money so assessed, the meadow and flowed lands of such delinquent and delinquents, shall be a pledge for the payment thereof, into whose hands soever the same may come; and the said managers may, for the recovery of the sum or sums of money so assessed, and for the costs made as aforesaid, sell, by public vendue, for a year, or a term of years, the meadow or flowed lands of such delinquent owner or possessor, and make a good and valid lease for the same during such term, taking care to sell the same for the shortest period of time that will raise the unpaid' sum or sums, with costs and expenses attending such délinquency; and it shall be the duty of the managers to give at least thirty days' previous notice, in three of the most public places in the neighborhood of said meadow and flowed lands, by advertisements before they proceed to sell or lease the property of any delinquent owner or possessor; provided nevertheless, that such delinquent or delinquents shall have the privilege of redeeming his said land, so leased, by paying to the lessee the sum or sums of money so paid for the same, together with the costs and interest that shall have accrued thereon, within six months from the time of leasing the same.

"

Sec. 5. And be it enacted, That the said managers shall, Managers to in a book kept for that purpose, keep a regular account of the make annual money they have received, the payments they have made, and the expenses they have been at, which account they shall lay before a committee, to be chosen by the owners and pos sessors, on the first Monday in May, in the year of our Lord one thousand eight hundred and forty-four, and on every first Monday in May thereafter, until said river shall be widened, and said reefs and obstructions be removed; and said managers shall be liable for all money by them received, but not applied for breaking up said reefs, removing said obstructions, and widening said channel, and shall deliver the balance in their hands, together with said book and other papers, to their successors in office; and on their refusal or neglect to do the same, shall be liable to an action of debt, to be sued for and recovered by said committee in their own names, in any court where the same may be cognizable, to be applied to the objects herein before mentioned.

Managers may enter upon lands, &c.

Sec. 6. And be it enacted, That the said managers shall have power to enter upon any lands necessary, and break up any reef or reefs in the said river; and shall also widen

the channel of the same wherever in the opinion of the said managers it shall be necessary, so as to be of sufficient width and depth to drain the waters off the meadows and flowed lands aforesaid, and to remove all obstructions to the free course of the waters out of said river, between the mill-dam at the Little Falls and one hundred yards above the Two Bridges, the limits above specified; the reef to which the dam is attached at Little Falls not to be included in the above provision.

tled.

Sec. 7. And be it enacted, That when the said mana- Disputes regers cannot agree with the owner or owners and mortgagees lative to damof the land on which the said reefs are situated for a remu- ages how setneration of the said damages to be sustained, or supposed to be sustained, by such removal, or when, by reason of the legal incapacity or absence of such owner or owners and mortgagees, no such agreement can be made, then the said managers shall make application, in writing, to one of the justices of the supreme court of this state, for the appointment of commissioners to assess the said damages; which application shall be made on ten days' notice to the said owner or owners · and mortgagees, if they reside in this state, or in case such owner or owners and mortgagees reside out of this state, then by public advertisement, in a newspaper published in the city of Newark, for three weeks at least, once in each week, of the time and place of such application, at which time, upon satisfactory evidence to him of the service or publication of such notice, the said justice shall appoint under his hand and seal, three disinterested, impartial, and judicious freeholders, residents in the counties of Morris, Essex, or Passaic, commissioners to examine and assess the damages, upon such notice, to be given to the persons interested, as shall be directed by the justice making such appointment, to be expressed therein, not less than five days; and it shall be the duty of such commissioners (having first taken and subscribed an oath or affirmation, before some person duly authorized to administer an oath, faithfully and impartially to examine the matter in question, and to make a true report according to the best of their skill and understanding) to meet at the time and place appointed, and proceed to examine and ascertain the said damages, and make a just and eqitable assessment of the said damages, and determine what portion thereof shall be paid to the owners, and what to the mortga gees of said land; which report shall be made in writing, under the hands and seals of the said commissioners, or any two of them, and ready to be delivered to the respective parties within twenty days after the meeting of the said commissioners as aforesaid; and the amount of said damages so ascertained, shall be paid or tendered to the parties enti