New Jersey § acts:saved-15 - (20)

§ acts:saved-15. (20)

20. That in all cases where banks or dams are maintained by a tax, and divided from the

adjoining meadows by a lawful fence, ditch or drain, made and repaired, at the expense

of the company, if any owner or occupier shall put or keep on, or suffer to be put

or kept on the part of the bank or dam assigned as his or her part to occupy, any

horses, horned cattle, or swine, by his or her consent or order, contrary to the directions

of the manager or managers, and thereby damage the bank, dam or works, such owner

or occupier, so offending, shall make good all damages occasioned thereby, to be valued

by two freeholders of the township, to be chosen, one by the manager or managers,

and the other by the offender; and if the person so offending shall neglect or refuse

to join in the choice, then, and in such case, the manager or managers shall choose

both; and if the two so chosen cannot agree, they shall choose a third, any two of

whom shall value the damage; which damage shall be recovered by the managers or manager

from the person who had offended as aforesaid, and applied towards repairing the bank

or other works, under the direction of the managers; provided always, that nothing

herein contained, except the twentieth section of this act, shall extend to interfere

with any private law heretofore passed, or any agreement heretofore made for banking

and draining of meadows, without the consent of all persons concerned therein.