for that purpose, the names of all who may own or possess any land lying within said tract, together with the number of acres owned or possessed by each, 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 to superintend the expenditure of money as aforesaid.

Managers to

SEC. 7. As soon as the managers aforesaid, or a majority of them, shall have ascertained the number of acres which each assess expenses person 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 herein before 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 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 which each owner or possessor may have therein, that the whole amount proposed to be raised bears to the whole number of acres 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 herein before mentioned, as they, or a majority of them, shall from time to time think necessary for that purpose.

Amount of assessment to be

SEc. 8. As soon as the said managers, or a majority of them, shall have ascertained the number of acres each individual may own or possess in the said tract, and the amount assessed advertised. 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 land within the said tract, the number of acres 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

L

Persons aggrieved may appeal.

Assessment al

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. 9. 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 herein before directed to be provided by them; and it shall be lawful for the owners. and possessors of the said tract, or such of them as shall think themselves aggrieved by the 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 ob jections 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 offered, 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, ac cording to the principle mentioned in section seventh 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 said tract, and the amount to be paid by each, shall be final and conclusive; and their statement shall be entered in the said book, 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.

SEC. 10. If, at the meeting of the said commissioners as aforesaid, no objection shall be taken to the assessment, as first lowed, if no ob- made by the managers aforesaid, the same shall be allowed by the commissioners without alteration, and shall be entered in the said book as final and conclusive, and be certified in the manner aforesaid.

jection.

SEC. 11. As soon as any assessment is finally adjusted and Manner of col- fixed, entered, and certified, as aforesaid, it shall be the duty of the said managers to demand from each 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

lecting assess

ment.

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 neglected or refused to pay their respective proportions, together with the amount due from each, respectively, thereto annexed, and shall deliver the same 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, (which may be proved by the oath of one of said managers) to make out and deliver to any constable of the said county a warrant or warrants, commanding him to levy said amount due from each delinquent, respectively, mentioned therein, with costs, by distress and sale of the goods and chattels of the delinquents, 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, over 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.

Penalty for con

SEC. 12. If any constable to whom any such warrant shall be delivered, shall neglect or refuse to pay the amount col- stable refusing lected under such a warrant, to the justice issuing the same, Pected." payment colhe 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 justice; which said amount

Vacancies, how

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. 13. In case of the death, removal, inability, or refusal to serve of any of the said persons who shall have been elected to be supplied. managers, or of and or either of the persons who shall have been elected commissioners of appeal, before the next annual election, or before others shall 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 put 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 to take oath.

Compensation

to managers.

Managers to ac

SEC. 14. The aforesaid commissioners of appeal, when convened for the discharge of their duties under this act, and before they proceed in the execution of the 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.

SEC. 15. The commissioners of appeal elected by virtue of this act, and the persons elected as managers, shall be entitled to receive, each, at the rate of one dollar 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.

SEC. 16. The persons elected as managers of said tract, shall account to the owners and possessors of the same, at count to owners. the time of holding their election for officers, for all moneys which have come to their hands as aforesaid, and shall pay over the balance remaining in their hands, if any, to their suc cessors, 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 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 received, to the purposes contemplated by this

act.

SEC. 17. The legislature shall have power, at any, time to Act may be alalter, modify, or repeal this act.

tered, &c.

SEC. 18. This act shall go into effect immediately after, the Act, when to same shall become a law.

Approved, March 19, 1845.

take effect.

AN ACT to incorporate the Rope and Bagging Company at

Somerville.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, as follows:

poration.

SEC. 1. David Heran, Luther Loomis, Samuel P. Lyman, Names of corpoWilliam Thomson, Thomas A. Hartwell, David Sanderson, rators. and Allan Clarke, and their associates and successors, shall be, and they are hereby incorporated and made a body politic and corporate, in fact and in name, by the name of "the Rope and Style of incorBagging Company," for the purpose of manufacturing rope, bagging, and duck, and for converting hemp and flax, in all forms, into merchandise, in the townships of Bridgewater and Hillsborough, in the county of Somerset, in this state; and, by that name, they and their successors shall be, and they are hereby made capable, in law, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places whatsoever; and to make and use a common seal, and the same to alter and renew at pleasure; and they and their successors and assigns, in their corporate name, shall be, and are hereby made capable, in law, to purchase, receive, have, hold, and enjoy any lands, tenements, water-power, and water privileges, in the townships aforesaid, and any goods, chattels, and other real and personal estate necessary, useful, and proper for carrying on the manufacturing purposes aforesaid, and the same to use and employ, grant, demise, pledge, lease, and convey and dispose of, as they shall deem proper; and to have, enjoy, and exercise all the rights, powers, and privileges pertaining to corporate bodies, necessary for the purposes of their incorporation; provided al- Restrictions. ways, that the funds of the said corporation, or any part thereof, shall not be applied, used, or employed, at any time, in bank