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such sums of money as they, in their judgment, shall deem sufficient to remove all obstructions to the free course of the waters in the said river and its branches, between the points above designated.

Sec. 2. And be it enacted, That the said assessment shall be made equitably in proportion to the quantity, and the advantage and benefit the said lands will derive from the clearing out of the obstructions in said river and its branches as aforesaid, and in order to ascertain the sum of money necessary to be raised, it shall be the duty of said managers, or a majority of them, to view and examine said river and its branches, the obstructions to be removed, and the lands subject to be overflowed, as aforesaid.

Assessment in

proportion to
quantity, and
derived.

benefits to be

Sec. 3. And be it enacted, That Israel Day, Stephen Baldwin, and Stephen D. Hunting, shall be commissioners of appeal, with full power and authority to review the assessments Commissioners made by the said managers, and to reduce of appeal. any assessment made by the said managers, to such sum as they or a majority of them shall deem just and equitable, and the decision of said commissioners shall be final and conclusive upon all parties.

Sec. 4. And be it enactd, That the said managers, or one of them, shall give notice in writing to the owner or owners, possessor or possessors of the lands by them assessed, of the assessment made and the amount to be paid by each, and if any person shall consider himself or herself aggrieved, it shall Duties of mabe lawful to apply to the said commissioners whose duty it nagers. shall thereupon be, to fix a day when they will meet upon the lands alleged to be over taxed, of which meeting three days notice shall be given to the party applying to said commissioners, and also to said managers; and the said commissioners, or a majority of them, shall at the time and place so appointed, proceed to hear the allegations of the parties, and examine the lands assessed, and make such order touching the assessment complained of, as they shall deem just and equitable; and in case said commissioners shall reduce the amount of any assessment, they may at the same time make such allowance of expenses to the party aggrieved as they may think just, and also deduct the same from the amount of his, her, or their assessment.

be recovered

Sec. 5. And be it enacted, That the owners and possessors of said lands respectively, shall be liable to pay the amount of the assessments, to be made as aforesaid; and in case any per- Amount of asson shall neglect for the space of forty days, after notice sessment may given to him or her, and demand of payment, to pay his or from owners. her quota of the said assessment, or to apply to said commissioners to meet and hear his or her complaint against such assessment, then it shall be lawful for said managers or a majority of them, to make return of the name of such person with the amount of his or her assessment, or in case said

1

Money to be applied to removing obstructions in the

branches.

commissioners shall have reduced the amount of any assess ment, then of the amount adjudged by said commissioners to be just, to any justice of the peace in the county where such person resides, and the said justice, upon the oath of any one of said managers that the amount has been duly demanded forty days previous thereto, and remains unpaid, shall immediately issue a warrant of distress, directed to some one of the constables of said county, commanding him within thirty days to levy upon and scize the goods and chattels of such delinquent, and make sale of so much thereof, as may be necessary to pay such sum of money, together with the costs, and pay over the same to the managers, or one of them, and the justice and constable shall be entitled to the same fees and subject to the same penalties, as in other cases of taxation.

Sec. 6. And be it enacted, That the said managers shall apply the moneys assessed and collected under this act, to clear out and remove the obstructions in said river and its branches as aforesaid, and shall keep a just and true account of all moneys by them received, expenses incurred, and payPassaic and its ments made, which accounts the said managers shall lay before a committee to be chosen as hereinafter mentioned, at least once in every six months, and oftener if required, and shall pay over to their successors in office, any balance in their hands unexpended, immediately upon the appointment of such successors, and on neglect or refusal so to do, the same may be recovered of them by action of debt, to be prosecuted in the proper name of any one of the committee aforesaid, before any court having cognizance thereof, to be applied to the purpose of clearing said river and its branches as aforesaid.

Managrs to account semi-annually.

mittee.

Sec. 7. And be it enacted, That the owners and possessors of the lands subject to be flowed as aforesaid, shall meet Time and place on the fourth Tuesday of April next, after the passage of this of choosing ma- act, at one o'clock in the afternoon, at the house of Samuel nagers and com- Condit, in the township of Springfield, and then and there by plurality of votes of those met, choose five persons, being owners of lands subject to be flowed as aforesaid, managers under this act for the ensuing year, and also three other persons to constitute a committee to examine the accounts of said managers, and the subsequent annual meetings shall be held on the fourth Tuesday of April, at such place as a majority of said owners or possessors at any annual meeting as sembled, shall appoint and direct.

Penalty on managers neglect

ing duty.

Sec. 8. And be it enacted, That if any person shall be chosen a manager, under this act, and accept such appointment, and shall neglect or refuse to do any duty enjoined on him by this act, he shall forfeit and pay the sum of fifty dol. lars, to be sued for and recovered by any person who will prosecute for the same, in an action of debt, before any court

of competent jurisdiction, and be applied for the purpose of clearing out said river, and its branches as aforesaid.

Sec. 9. And be it enacted, That in case a vacancy shall Mode of suphappen by the death of one of the said managers, committee, plying vacancies or commissioners of appeal, or otherwise, it shall be the duty of the managers or the survivors of them, to give notice in writing, by advertisement, set up in six public places, adjacent to the lands subject to be flowed as aforesaid, for at least two weeks, of a time and place for the owners and possessors of said lands to meet, to choose a person to fill such vacancy, and the person chosen at such meeting by a plurality of votes of the owners and possessors assembled, shall fill such vacancy and have all the powers and privileges and be subject to the like penalties as the person was whose place he is chosen to supply.

course of waters

Sec. 10. And be it enacted, That if any person or persons shall hereafter fell any tree into the said river or its branches, Penalty for ob or cut or leave any wood or brush upon the ice of the said structing the free river or its branches, within the limits aforesaid, for the space of six days, or by any other means, create any obstruction to the free course of the waters of said river and its branches, within the said limits, and shall not remove the same within ten days after being required so to do by any one of said managers, every such person or persons so offending shall forfeit the sum of twenty dollars, to be sued for, recovered and applied, as mentioned in the eighth section of this act.

Sec. 11. And be it enacted, That in case any omission to elect managers, in the manner directed by this act, shall at Continuance of any time happen, the managers last elected shall continue in managers. office until others are elected in their stead.

of commission.

Sec. 12. And be it enacted, That the said managers and commissioners of appeal, shall receive for their services rendered under this act, at the rate of one dollar per day, and Compensation there shall be allowed and paid for other services and labor ers and mana at the rates following, to wit: one dollar and seventy-five gers. cents per day for a man and yoke of oxen, fifty cents per day for every additional yoke of oxen, one dollar per day for every man working in the water, and seventy-five cents per day for every man otherwise necessarily employed; and every person assessed under this act, shall have liberty to pay his or her assessment by labor, at the rates above mentioned; Provided, Proviso. notice is given to said managers or any one of them, of the intention of such person to work out his or her assessment, within twenty days after such person shall have received notice of the amount thereof, as is hereinbefore directed.

Sec. 13. And be it enacted, That so much of the act Part of former act repealed, entitled "An act to enable the owners and possessors of flowed lands and swamps, on the river Passaic and its branches, between the Little Falls on said river, and the

mill dam at Chatham, to break up the reefs in said river near
said Falls, and to remove all obstructions to the free course
of the water out of said river," passed January thirty-first,
eighteen hundred and twelve, as comes within the purview of
this act, be, and the same is hereby repealed.
Passed February 27, 1834.

Preamble.

Money to be paid to John McGrah.

AN ACT for the relief of John McGrah.

WHEREAS, it is represented to this legislature, that John McGrah, of the county of Essex, did, in the year eighteen hundred and twenty-four, at the solicitation of the attorney general of this state, proceed to the western part of the state of New-York, and Pennsylvania, to obtain three witnesses, which were important to establish the guilt of Stephen W. and Ambrose Canfield, who were at that time lodged in Morris county jail, on an indictment for horsestealing; and did procure the attendance of said witnesses; And whereas, it appears that said McGrah hath not received compensation for the above services-Therefore,

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 be, and he is hereby authorized and directed, to pay to John McGrah, the sum of seventy-five dollars, to remunerate him for services rendered to this state, as aforesaid.

Passed February 27, 1834.

AN ACT to extend the term of office of the surveyors of the highways, in road cases, in the county of Salem.

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 powers and authorities of the surveyors of

the highways of the county of Salem, which are derived under the act entitled, "An act concerning roads," and the several supplements thereto, be, and the same are hereby extended and continued, from the second Tuesday of March to the second Tuesday of June, yearly and every year, the election of new surveyors to the contrary notwithstanding; and the said surveyors who shall or may be appointed in road cases, as is by this act contemplated, shall have the same rights and powers, and be as fully authorized to act in the laying out, vacation, alteration or view of any public or private road in said county of Salem, during the period so named in this act, as fully to all intents and purposes, as they, or any, or either of them were authorized to act, prior to the said second Tuesday of March in any year; and the right and legal authorities of the surveyors so to act, shall be recognized and admitted in all courts of law and equity of this state, any thing contained in the present laws of said state to the contrary thereof in anywise notwithstanding.

Passed February 27, 1834.

AN ACT to authorize the trustees for the support of Free
Schools, to exchange stock held by the state in the Newark
Turnpike Company, for stock in the New-Jersey Railroad
and Transportation Company.

WHEREAS, the state of New-Jersey, is the owner of two hun-
hundred and fifty shares in the stock of the Newark turn-
pike company, which said shares constitue a part of the
fund for the support of free schools; AND WHEREAS, by the
tenth section of the act entitled "An act to incorporate the
New-Jersey Railroad and Transportation Company," pass-
ed the seventh day of March, one thousand eight hundred
and thirty-two, the state reserved to itself the right to sub-
scribe in the capital stock therein created, at any time
within two years after the opening the books of subscription,
an amount of shares, equal in value to the fair actual value
of their stock in the said turnpike company, at the time of
passing the said act, and in exchange therefor-Now there-
fore,

BE IT ENACTED by the Council and General Assembly of this
state, and it is hereby enacted by the authority of the same, That

Preamble.

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