New Jersey § acts:saved-15 - (16)

§ acts:saved-15. (16)

16. And whereas, many owners of meadows, already banked from the tide, suffer great loss

and damage by the conduct of others, who own meadow lying within the same bank, and

neglect or refuse to keep their part or parts of the bank, works, and watercourses

in good repair; therefore, be it enacted, that in all cases where several persons

own meadow ground within one and the same bank, dam or other inclosure, and liable

to be overflowed or damaged by a breach in any part of such bank, dam or other works,

and any of the owners or occupiers of any part thereof, shall neglect or refuse to

keep his, her or their part or parts of said banks or works in repair, to the damage

or danger of the other owner or owners, any owner or owners so damaged, or in danger

of being damaged by such neglect, may, upon six days' notice being given to the other

owners or occupiers, apply to the judges of the inferior court of common pleas of

the county where such meadow may be, who shall appoint, by a certificate, under the

hands of a majority of them, three or more men, as before described, who after giving

ten days' previous notice to all concerned of the time and place of meeting, shall

hear the parties, view the premises, and, after taking into consideration every circumstance,

matter and thing, which may tend to enable them to do justice between the parties,

divide the bank and other works necessary for the safety and improvement of the meadows,

and give and allot to each owner and occupier, his or her respective share or part

to keep up and maintain; or direct that the whole of such bank and works shall be

supported by a tax, laid from time to time, agreeably to the quantity and quality

of the meadow inclosed from the tide by said bank; and likewise, in either case,

lay out all the necessary general watercourses in such places as may be most convenient

and beneficial for the purposes of draining the meadows generally, and least detrimental

to the owners of the soil; and order the maintenance of the watercourses in the same

manner as the banks and works, either by giving each owner his or her share or part

of the bank and works to make, keep up and maintain, or order that the whole of the

bank, dam and other works and general watercourses shall be made and maintained by

a general tax; and give a certificate of their proceedings, with the courses and

distances, if required by any owner or owners, signed by a majority of the commissioners

appointed as aforesaid.