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said managers shall be liable for all moneys by them received, but not applied for breaking up said reefs and removing said obstructions, and shall pay the balance in their hands over to their successors in office and on their neglect or refusal 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 and for the use of the several persons who have paid the same.

Powers and

Sec. 5. And be it enacted, That the said managers shall have power to enter upon and break up said reefs and remove said obstructions, so as to be .of sufficient width and depth to duties of ma. drain the waters off said land, and to remove all obstructions to nagers the free course of the waters out of said river, between the milldam at Chatham, and the house of Peter W. Vanness, in the county of Morris.

Sec. 6. And be it enacted, That where no goods can be

found, all and singular, the lowlands, swamps, woods, and mea- Lands a lien dows of every such owner or possessor, so taxed as aforesaid, for the payshall be esteemed a pledge for the payment of the tax into ment of tax whose hands they may come, and the managers, or one of them, may enter upon, after giving forty days notice to the owner or possessor, and sell the same, or wood timber growing on it, for such a term of time as will discharge the tax and costs.

Sec. 7. And be it enacted, That the owners and possessors Time and of said meadows and swamps, shall, on the first Monday in May, mode of eleet. in the year of our Lord one thousand eight hundred and thirtying managers, six, at one o'clock in the afternoon, meet and assemble at the house now kept as an inn, by Charles Hopping, at Hanover, in the county of Morris; and on every succeeding year, at the same time and place, unless those present shall, at their first or any subsequent meeting, appoint another place; when it shall be held at such other place, and then and there choose, by ballot, any number of persons, not less than three, nor more than seven, to be managers for the ensuing year; and also, three persons as a committee, to examine and settle the accounts of said managers; and that all persons entitled to vote, may vote by proxy, and shall be entitled to vote according to the number of acres they may severally own or possess, of the said flowed lands or swamps, allowing one vote for each acre of land they may so own or possess.

Sec. 8. And be it enacted, That if any person who shall be Penalty for appointed or chosen as a manager, in pursuance of this act, neglect of duty and accepting said appointment, shall neglect or refuse to do any duty hereby enjoined, he shall forfeit and pay the sum of fifty dollars, to be sued for and recovered by any succeeding manager, and to be applied to breaking up said reefs and

Managers to continue in office until

removing said obstructions; and in case any vacancy shall happen, by death or otherwise, of one or more of the managers or commissioners of appeal, it shall be the duty of the managers, their survivor or survivors, to advertise in six of the most public places nearest said rivers, for four weeks appointing a time and place for the owners and possessors to meet and choose some person or persons to supply the vacancies in the board of managers or to choose some disinterested person or persons to supply the vacancies in the board of commissioners aforesaid, as the case may be, which owners and possessors, when so met, shall have power to choose such manager or managers, commissioner or commissioners; and the said persons, when so chosen, shall have all the privileges and be subject to all the penalties, as those whose places they are chosen to supply..

Sec. 9. And be it enacted, That if the owners and possessors of said land shall neglect to meet and elect managers, that in such case the managers for the preceding year shall others are cho- continue in office and have the same powers as before, until new ones are chosen.

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Sec. 10. And be it enacted, That it shall and may be lawful for the managers, for the time being, to institute one or Managers may more suits in their own names, against any person or persons institute suits or corporate bodies, who have heretofore or shall hereafter raise any dam or dams, within the limits above specified, so as to flow any of the lands embraced in the assessment to be made under this act, or otherwise obstruct the said river, and to arbitrate, compound and settle with any of the person or persons who may think themselves aggrieved by this act, and to apply any moneys raised under the said assessment, for the purpose of carrying on said suits or arbitrations, and that such suits and arbitrations once commenced in the name of the managers for the time being, may be continued in the same names by their successors in office.

Amount of

money raised

Sec. 11. And be it enacted, That the amount of money to be raised by virtue of this act, shall be determined by a mafixed by own jority of the owners of said lands, at their annual meetings, and not otherwise.

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Former acts repealed,

Sec. 12. And be it enacted, That the act entitled "An act to provide for the removal of obstructions in the river Passaic and its branches, between the turnpike bridge at Chatham and Cook's bridge at Hanover," passed February 27th, 1834, and so much of the act entitled "An act more effectually to provide for the removal of all obstructions to the free course of the waters in the river Passaic and its branches, between Cook's bridge and the reef at the Little Falls next below the turnpike bridge commonly called Singach bridge,”

passed February eighteenth, eighteen hundred and twenty, as shall come within the purview of this act, be, and the same is hereby repealed.

Passed, March 9, 1836.

AN ACT to change Trust Property therein named.

WHEREAS Andrew Brokaw and Elizabeth, his wife, and Henry Van Arsdalen, trustee of the said Andrew and Elizabeth, have by their petition set forth that they are the owners of the house and lot, in the town of Somerville, which was conveyed to them by one Abraham Stryker and Freamble wife, and that the said Andrew and Elizabeth and the said trustee are desirous of changing the said trust property, which can be done to the advantage of all concernedTherefore,

thorised to be

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 Henry Van Arsdalen, the trustee of Elizabeth Brokaw, and the children of the said Elizabeth Brokaw, is hereby authorized to make sale of a certain lot of land and Certain trust premises, situate in the village of Somerville, in the county property auof Somerset, conveyed by deed of conveyance from Abraham changed Stryker and Mary his wife, to the said Henry Van Arsdalen, for certain trust purposes, by deed bearing date the first day of January, A. D. eighteen hundred and twenty-eight, and recorded in the clerk's office of the county of Somerset, in book P. of deeds; and make a good and sufficient deed of conveyance to the purchaser for the same.

Sec. 2. And be it enacted, That the said Henry Van Ars- Bond to be gi dalen shall, before he enters upon the duty assigned him ven by the first section of this act, enter into a bond, with good and sufficient security, to the governor of this state, in such an amount as he shall deem proper, conditioned that the said trustee shall vest the proceeds of said sale in real estate, in the borough of Elizabeth, to be held by him, upon the same conditions and trusts as is mentioned in the deed of conveyance in the first section of this act mentioned.

Passed, March 9, 1836.

Preamble

Administra

to make decd

AN ACT to authorize Almira Concklin, widow, adminis tratrix, and John Stephenson, administrator, of Jacob Concklin, deceased, to execute a certain contract made by said deceased with George M. Lawrence, of the county of Bergen.

WHEREAS, it appearing to the legislature, that Jacob Concklin, deceased, late of the township of Harrington, in the county of Bergen, in this state, who died intestate, did, in his life time, make an agreement with George M. Lawrence, to sell a certain tract of land to the said George M. Lawrence, containing about three acres, situated in the said township of Harrington, and county of Bergen; and the said Jacob Concklin having departed this life very suddenly, without having executed any conveyance for the same; And whereas the said Almira Concklin and John Stephenson, administrators, as aforesaid, have, by their petition, requested that they may be empowered to make a deed to the said George M. Lawrence, for the tract of land aforesaid-Therefore,

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 Almira Concklin and John Stephenson, adtors authorised ministrators of Jacob Concklin, deccased, be, and they are hereby authorized and empowered to execute and deliver to the said George M. Lawrence, a deed for the said tract of land and premises, pursuant to said agreement between him and said deceased, which deed shall have the same force and effect as a deed from the said Jacob Concklin in his life time would have had; and also to receive the purchase money, and distribute it among the several heirs of the said Jacob Concklin, deceased, as by law they are required to distribute other money belonging to said estate.

Passed, March 9, 1836.

AN ACT to increase the capital of the State Bank at
Newark.

Mode of allot

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 capital stock of The President, Directors and Company of the State Bank at Newark," be, and the same is hereby increased six thousand shares of fifty dollars each, and the additional capital hereby created shall be Stock increas part of the capital stock of said corporation, held and trans- ed 6000 shares ferred in the same manner, entitled to the same privileges and benefits, of the capital stock created by the act incorporating said bank, and be subject to the same rules, regulations, and provisions, except as is herein otherwise provided. Sec. 2. And be it enacted, That the said additional stock shall and may be called from time to time as the directors of said bank for the time being shall deem expedient; and the books for subscribing to such stock shall be opened at such ment of new time or times and in such manner as the said directors shall stock order, of which twenty days notice shall be given in one or more of the public newspapers printed in the town of New ark; and the same when so called in, shall be allotted rateably among the several stockholders of the stock of said bank, in proportion to the number of shares held by them respectively, and at least three days prior to the time of subscribing for such new stock; and in case it shall so happen that at the time noticed for subscribing to any such additional capital, any such stockholders shall decline or neglect to subscribe for the same, he or she shall forfeit the privilege thereto, and the remaining stockholders, or such of them as then apply, shall be entitled to the privilege of subscribing as aforesaid, in proportion to the shares held by them respectively as aforesaid, or the said directors may from time to time sell the said shares, forfeited as aforesaid, to such person or persons or corporation as they may think most for the interest of said bank, for the best price or prices that can be obtained, not less than their par value, and the overplus, if any, be credited to the account of the profits of the said bank.

Passed, March 9, 1836.

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