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Owners authorized to keep cause

CHAPTER XLI.

AN ACT to authorize the owners of a tract of marsh and upland on the upper side of Cohansey Creek, to make, amend and keep in good repair, Tindall's Island Causeway.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, and it is hereby enacted by the way in repair. authority of the same, That it shall and may be lawful for the owners or possessors of the marsh and upland on the said Tindall's Island, lying on the upper side of Cohansey Creek, in the township of Greenwich, in the county of Cumberland, to make, amend, and keep in good repair, the road called and known by the name of Tindall's Island Causeway, beginning at the fast land of James H. Bacon, and running thence a southerly course, as it is now used, to the said Tindall's Island.

Election of

officers.

Duties of managers.

2. And be it enacted, That it shall and may be lawful for the owners and possessors of all the marsh, using said road, and also for the owners of the upland on said Tindall's Island, to meet at the house of William Cook, Esq., in said township, on the first Tuesday of March, A. D., eighteen hundred and fifty-seven, between the hours of one and five o'clock in the afternoon, to choose by ballot or otherwise, and by plurality of votes of those met, such person or persons for manager or managers, a treasurer and clerk, as they may think proper, who shall hold their offices until others are chosen in their places, and also to choose in the manner aforesaid, three indifferent and disinterested men to value the said marsh and upland.

3. And be it enacted, That the manager or managers, when chosen as aforesaid, shall, as soon as may be convenient, cause all the lots and parcels of marsh, and also the upland, on the said Tindall's Island, belonging to each of the said owners, to be carefully valued by the persons chosen as aforesaid for that purpose, they having first ascertained the quantity and quality of each separate lot from the deeds of the same, or such other sources of information as they may

deem just and reasonable, and shall thereupon make an estimate of the sum or sums of money which will be necessary to defray all the expenses of the different services required by this law, and of procuring the same, and also of making, amending and keeping in good repair the said road, and shall assess the same ratably on said marsh and up-land, agreeably to the valuation and quantity each owner may possess, and shall state the said assessment in a regular duplicate containing the names of all the owners or possessors of the marsh and upland as aforesaid, the number of acres held by each, the sums assessed on them severally, and the time or times of payment; which duplicate shall be delivered by them to the treasurer appointed as aforesaid.

pay over mo

successors.

4. And be it enacted, That it shall be the duty of the said Managers to manager or managers to make, amend and keep in good neys to their repair, the said road or causeway from time to time, and they shall be accountable for any moneys remaining in their hands at the expiration of their said office, and if he or they shall refuse to pay such balance remaining in his or their hands, to his or their successor in office, then such successor shall sue for and recover the same in an action of debt, with costs of suit, in any court of competent jurisdiction.

5. And be it enacted, That the treasurer, on receipt of the said duplicate, shall in person, or by notice in writing left at the usual place of abode of each owner or possessor, or such other person as may have the care of any one or more of the said lots, twenty days before the time of payment, the sums assessed as aforesaid, and if any of the said owners or possessors, or persons having charge as aforesaid, shall neglect or refuse to pay the sum assessed as aforesaid, for the space of twenty days after the time fixed for the payment thereof, it shall and may be lawful to and for the said treasurer to seize and rent out by public vendue to the highest bidder, for so long a time and no longer, as will be requisite, so much of the said marsh or upland belonging to or in the possession of said delinquent owner or possessor, or person having the care of any lot or lots as aforesaid, as may suffice to discharge such assessment and all expenses attending the recovery thereof, having first advertised the same for the

Proceedings

in case of re

fusal to pay

assessments.

Manner of TOting.

Agents may

be appointed to vote

Duties of clerk.

Managers to open and clear out ditch.

Further estimates may be

lected.

space of two weeks in three of the most public places in the said township of Greenwich.

6. And be it enacted, That in all cases of an election for officers, or for other purposes, the mode of voting shall be in person or by proxy, in writing, in the following ratio: every person owning, possessing, or having the care of any of the said marsh or upland, shall be entitled to one vote for any quantity not exceeding twenty-five acres, and one vote for every additional fifty acres.

7. And be it enacted, That it shall and may be lawful for the executors and administrators of any person deceased, to whose estate any part of the said marsh or upland did belong, and to and for the guardians of minors, and to and for the agents of single women or other persons who cannot attend the meeting of the said owners and possessors, to vote at the said meetings, such agents being appointed in writing for that purpose.

8. And be it enacted, That it shall be the duty of the clerk chosen as aforesaid from time to time to enter in a book, to be provided for that purpose, all proceedings, orders and assessments made by the said owners and possessors, and all transactions whatsoever, which the said owners and posses. sors shall direct, and the same to deliver up to his successor in office.

9. And be it enacted, That it shall and may be lawful for the manager or managers chosen as aforesaid from time to time, to dig and take for the purposes aforesaid, any earth, mud or sod, most convenient, and least detrimental to owners thereof, and to open and clear out the ditch on each side of the said causeway, and also to open and clear out the ditch that runs from the east side of the said crossway to Thoroughfare Creek, along on the line of marsh (late Jonathan Brown's, deceased), so that the same shall drain the water from off the said causeway.

10. And be it enacted, That if the said estimate so made made and col- and collected as aforesaid, should not produce a sum of money sufficient to fulfil the purposes aforesaid, the said manager or managers shall make in like manner, such further estimate or estimates of such sum or sums of money as may

be necessary, which shall be assessed and collected as is hereinbefore directed.

of land may

11. And be it enacted, That it shall and may be lawful, Re-valuation whenever the owners of a majority of the number of acres of be made. the said marsh and upland shall so direct, to choose in the manner specified in the second section of this act, three indifferent and disinterested men to revalue the said marsh and upland, which revaluation, when made and completed, shall be employed in assessing and raising money for any of the purposes contemplated by this act; provided, that a re- Proviso. valuation of the same shall not be made oftener than once in every ten years.

12. And be it enacted, That any five persons, being owners Manner of calling meetof any of the marsh or upland as aforesaid, may call a meet- ings. ing of all the owners and possessors of the said marsh and upland, at such time and place as they may appoint, by advertisements under their hands, set up in three of the most public places in the said township of Greenwich, for at least two weeks next preceding the time appointed for the said meeting; and the said owners and possessors, when met as aforesaid, shall have full power by plurality of the votes of those met to choose all the officers named in the second section of this act, who shall hold their offices until others are chosen in their stead.

Approved March 5, 1857.

Preamble.

Conveyance of lands confirmed.

CHAPTER XLII.

AN ACT to confirm the conveyance of lands in the township
of Greenwich, in the county of Gloucester, from William
Huff and Harriet, his wife, to William Darmon, and from
Joseph C. Gill and Hannah W., his wife, to John H.
Thomson.

WHEREAS, a large number of lots and tracts of land lying in the township of Greenwich, in the county of Gloucester, have been sold and the conveyances effected by the owners thereof, alloting the same amongst the purchasers by lot or ballot, or by the purchasers making partition thereof amongst themselves by lot or ballot; AND WHEREAS, William Darmon, of the township of Greenwich, in the county of Gloucester, did purchase of William Huff and Harriet, his wife, of the same place, two certain lots or parcels of land, known and described as lots number one hundred and three and number one hundred and seventy-seven of the town plot of Mantua, being a part of the property deeded by Joseph C. Gill to William Huff aforesaid, by deed, dated twenty-third day of July, A. D. eighteen hundred and fifty-three, reference being had, it will more fully appear; AND WHEREAS, also, the said Joseph C. Gill and Hannah W., his wife, did by deed, bearing date the sixteenth day of July, eighteen hundred and fifty-three, convey three other certain lots in said tracts, to John H. Thomson, which said lots are numbered nine, one hundred and twenty-seven, and one hundred and fifty-seven, respectively, in the town plot of Mantua; AND WHEREAS, it is desirable that the validity of the titles made in this manner be established; therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the grant, sale or conveyance heretofore bona fide made and executed for the above described lots of land, lying and being in the said township of Greenwich, under and by virtue of or pursuant to an allotment in manner aforesaid, shall not be deemed held, or adjudged invalid or defective, or insufficient in law or avoid

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