New Jersey § acts:saved-15 - (25)

§ acts:saved-15. (25)

4. That when any manager appointed as aforesaid shall have done any repairs to the bank,

waterworks or watercourses, or have stopped any breach in the bank, or erected any

wharf or wharves for the preservation of the bank of any owner or possessor, so laid

off to him or her to maintain and uphold, he shall within ten days after the completing

thereof, present his account for such repairs to such owner or possessor, which account

shall be attested by his oath or affirmation, if required; and if such owner or possessor

shall neglect or refuse to discharge the same within twenty days thereafter, then

it shall be lawful for such manager, on five days' notice being given by public advertisement

in five of the most public places in the neighborhood, to sell at public vendue, so

much grass as may be on said owner's or possessor's meadow as will be sufficient to

discharge such demand; but if the grass on the meadow should not be sufficient to

satisfy the same, then to lease at public vendue, as aforesaid, so much of the meadow

of such owner or possessor as will be sufficient to discharge such demand, with reasonable

cost, to any person who will pay such demand for the shortest term; and it shall

be lawful for such manager to make and execute a lease to such purchaser for such

term, which said lease shall be good and effectual in law, and shall vest the possession

thereof in the purchaser, and bar the owners and all others during the term; and

in all places where a sluice, dam, stopping, or waterworks, is or shall be laid off,

to be supported or upheld by a certain portion of said meadow, or the owners or possessors

thereof, it shall be the duty of any manager, appointed as aforesaid, to stop any

breach in such dam, and to erect and lay any new sluice or erect any other waterworks

that may be necessary, and to keep the whole in good repair; and to enable such manager

to do and perform the same, it shall be lawful for him to make assessments from time

to time on the valuation of each owner's or possessor's meadow, made by the commissioners

under the before-recited act; and in case any owner or possessor shall neglect or

refuse to pay or discharge the sum for which he or she may be so charged on any such

assessment, then it shall be lawful for the said manager to proceed against him or

her for the recovery thereof in the manner hereinbefore mentioned, or by action of

debt, in which case he shall produce the assessment in evidence; and it shall be

necessary, in either case, before he shall proceed, that his account shall be attested

by his oath or affirmation; and that every such manager shall, at the annual meeting

of the said company, produce such assessment, together with an account of his expenditures

for the preceding year, and pay over the balance, if any in his hands, to the succeeding

manager or managers, to be appropriated to the purposes for which such assessments

were made.