New Jersey § acts:saved-15 - (5)

§ acts:saved-15. (5)

5. That it shall and may be lawful for any said company formed in pursuance of this

act, to construct in and across any stream of water that may flow through their said

lands, at the most convenient points thereupon, above any established wharf or landing

and above where navigation for sailing and other vessels engaged in the transportation

of passengers, goods, wares and merchandise at ordinary high water ceases, or may

be obstructed, otherwise than by any such dam or bank, good and sufficient banks,

dams, sluices, floodgates or pipes, or any or either of them with the necessary foundations

and abutments, and to do all necessary work in and about the construction of the same

that will the more effectually exclude the tide from such land, and after the same

are constructed to maintain and keep in suitable and proper repair; and for the purpose

of making and constructing such bank or dam, to take and use any earth, mud, sod or

other materials in any part of said lands, the most convenient thereto, and to have

free ingress and egress for themselves, their employees and teams through any part

thereof, doing no unnecessary damage to the owners thereof; and if any unnecessary

damage should be done to any of said owners, such damage to be assessed by three disinterested

persons mutually chosen by such aggrieved owner and the managers of said company,

and the decision of any two of such arbitrators shall be final, and the amount of

damages so assessed shall be paid by the said company forthwith.