of Somerset.

shall make all necessary and proper conveyances to the pur- To account to chaser or purchasers, under the direction of the said court; orphans'court which said conveyances shall transfer to, and vest in, the purchaser or purchasers of said premises all the right and interest of the parties now having title thereto; and the said commissioners shall also render to the said court an account of the sale of said property, and, under its direction, make distribu- To distribute tion of the proceeds among the said heirs at law, and those proceeds of claiming under them, according to their respective rights.

sale.

SEC. 2. And be it enacted, That the said commissioners, be- To give bond fore making such sale, shall give bond to the ordinary or sur- to the goverrogate general of the state, in such sum, and with such secu- nor. rity, as the surrogate of the county of Somerset shall approve, conditioned for the faithful performance of the trust confided to them; which bond shall be filed in the office of the said surrogate, for the benefit of all persons concerned. Passed January 23, 1833.

AN ACT for the relief of Ephraim Carll, of the county of Salem.

WHEREAS it has been made satisfactory to appear to the le- Preamble. gislature of this state, that Ephraim Carll, of the county of Salem, has expended the sum of twenty-six dollars, in pursuing, apprehending, and bringing back, from the state of New York, a horse thief.-AND WHEREAS no part of the said sum of twenty-six dollars has been paid back, or in any wise refunded to the said Ephraim Carll;-AND WHEREAS the amount of moneys expended by the said Ephraim Carll is much less than would have been necessary, if an application had been made, according to law, to the executive of the state of New York, for the delivery of the said horse thief— Therefore,

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the treasurer of this state be, and he is hereby au- Treasurer dithorized and directed to pay to Ephraim Carll, of the county E. Carll, for rected to pay of Salem, or to his order, the sum of twenty-six dollars, to re- apprehending munerate him for the amount of moneys actually expended by horse thief. him in pursuing, apprehending, and bringing back a horse thief from the state of New York.

Passed January 23, 1833.

AN ACT to dissolve the marriage contract between Catharine Van Middlesworth and Tunis Van Middlesworth.

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the marriage contract between Catharine Van T. Van Mid- Middlesworth and Tunis Van Middlesworth, of the county of dlesworth and Somerset, be, and the same is hereby dissolved and made void C. Van Mid- and of no effect, as fully as if they had never been joined in matrimony.

dlesworth divorced.

Passed January 23, 1833.

Charter restored.

Certain con

veyances confirmed.

AN ACT to restore the charter, powers, and privileges of the Pennington

Academy.

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the charter, powers, and privileges of "the Pennington Academy," intended to be derived from an act of the legislature of this state, to incorporate societies for the promotion of learning, passed the twenty-seventh day of November, seventeen hundred and ninety-four, and the supplements thereto, passed on the sixth day of June, eighteen hundred and twenty, and on the twenty-seventh day of December, eighteen hundred and twenty-six, shall be considered as in progressive force and operation, notwithstanding any defects in its incorporation, or any want of election or elections of trustees annually, in the depressed state of its funds: and that its conveyances of real estate to the First Presbyterian Congregation of Hopewell, on the first of January, eighteen hundred and twenty, and the south half part of the academic lot, on the seventh of May, eighteen hundred and twenty-eight, to extinguish its debts, shall be valid and effectual.

Passed January 25, 1833.

AN ACT to provide for the management of certain meadows on Burlington creek.

WHEREAS the owners of the meadows adjoining to, and on both sides of Burlington creek, from Assiskunk creek to the river Preamble. Delaware, have, by their petition to the legislature, set forth, that the act entitled, "An act to provide for the management of certain meadows on Burlington creek," passed February fifteenth, seventeen hundred and ninety-six, has been found, on experience, to require amendment, and have prayed a law to remedy the evils complained of-Therefore,

ers of certain

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the owners of the Powers vestmeadows aforesaid, to support, keep up, and maintain all and ed in the ownevery of the banks, dams, sluices, and floodgates heretofore meadows on erected, set, or placed, or which hereafter shall be judged ne- Burlington cessary to be erected, set, or placed for the purpose of keeping creek. the tide from overflowing, and for carrying the waters off the said meadows, and also to keep the natural watercourse of said creek, or large ditch, or canal, made, or hereafter to be made, in room of it, at all times open and clear, so as to give the tide water and back water a sufficient fall off said meadows: and it shall and may be lawful for the owners of said meadows, at their annual meeting, or at any other meeting, when summoned by order of the managers for the time being, as herein after directed, to order and direct so much money to be raised for the purposes aforesaid, as a majority of the owners so met may think necessary; and make an order in writing, signed by their clerk, setting forth the sum to be raised, and the time when the assessment shall be made and paid: Provided, that no meadow shall be assessed in pursuance of this law, but such as hath usually been assessed under former laws.

SEC. 2. And be it enacted, That it shall and may be lawful for the owners of said meadows to meet on the first Tuesday

lector.

in March, at ten o'clock in the forenoon, yearly and every Election of year-the first time, at the public house or inn at present kept managers, by Samuel Rogers, in Burlington, and afterwards at such place clerk, assess as they shall adjourn to, and, by plurality of votes of the per- or, and colsons so met, elect three managers, one clerk, one assessor, and one collector, for the year ensuing such choice, and until others shall be chosen in their stead; and, until such election, Samuel R. Wetherill is appointed clerk; which clerk, and the clerk hereafter to be chosen, shall, at the expense of the owners, keep a book, and shall enter therein the names of all the owners of the meadows for the time being, and make fair entries of all their proceedings at their meetings, and all such other entries, from time to time, as may be necessary for the well D

Name of the company.

nagers.

May enter up

on meadows

of company to inspect ditches, &c.

ordering their affairs: and the said clerk shall give ten days' notice, by advertisements set up in three of the most public places in the city of Burlington, of the said first meeting of the owners of said meadows, to be called "the Burlington Meadow Company;" and like notice shall be given of their annual meeting, or any other meeting summoned by order of the managers for the time being, to raise money or other necessary business respecting the said meadows, for which he shall receive a reasonable compensation.

SEC. 3. And be it enacted, That it shall and may be lawful Duties of ma- for the said managers and the managers hereafter chosen, or any two of them, and they are hereby enjoined, at all times hereafter, at the common expense of the said Burlington Meadow Company, to support, sustain, and keep in good and sufficient repair and order all and every the banks, dams, ditches, sluices, and floodgates already made and erected, or hereafter to be made and erected, and to make and erect such further and other banks, dams, ditches, drains, sluices, floodgates, and other waterworks, as they may judge necessary effectually to keep the tide out, and drain the water off from the meadows aforesaid; and shall keep the natural watercourse of said creek, or large ditch cut instead of it, or which shall or may be made and cut in the room of it, at all times open and clear, so as to give the tide water and back water a sufficient fall off and from the said meadows; and shall cause the said creek or canal to be scoured and cleansed, at some convenient time, between the months of April and November, in every year: and it shall and may be lawful for the said managers to enter into and upon all and every of the meadows of any person or persons belonging to the company, and inspect and examine the main creek or ditch aforesaid, or any ditches necessary to drain the said meadows; and, upon finding any obstructions. whatever therein, or that any of them want cleansing, to clean the said creek or main ditch, at the general expense of the owners of said meadows as aforesaid, and to give notice to the owners and possessors, respectively, of such obstructions as are in the ditches and drains leading into the creek or main ditch aforesaid, within and against his, her, or their meadows, to cleanse the same, so that the water may pass freely by and through the same into the creek or main ditch aforesaid; and on the refusal or neglect of the said owners or possessors, for ten days, to remove such obstructions or cleanse such ditch or drain leading into the main ditch or creek aforesaid, or his, her, or their proportionable share, to enter into the premises of such person so refusing or neglecting, and clear and cleanse such ditches and drains leading into the creek or main ditch and recover aforesaid, in such manner as they may judge proper to answer purpose aforesaid, and bring his or their action of debt for the moneys which they shall have paid to ditchers and laborers for cleansing the same ditches and drains leading into the

May cleanse ditches, and

remove obstructions,

where owners neglect,

the expense

from owners.

the

creek or main ditch, and also at the rate of one dollar and fifty Managers' cents for every day they, or cither of them, may be employed wages. in directing and overseeing the laborers in such work, to be paid by the party so refusing or neglecting as aforesaid.

of company.

SEC. 4. And be it enacted, That as often as the managers aforesaid shall find or judge it necessary to raise any sum or Managers to sums of money, to enable them to perform any duty enjoined call meeting on them in this act, it shall and may be lawful for them to order and appoint a meeting of the owners of the meadows or company aforesaid, at such time and place as they shall think proper, and direct the clerk to give notice accordingly.

or oftener.

SEC. 5. And be it enacted, That the managers for the time To account being shall, yearly and every year, account to the owners of to the compasaid meadows, at their annual meeting, or to a committee then ny annually, or at any other meeting to be appointed, by producing fair accounts of all moneys by them received and expended by virtue of this act, and also, of their time and trouble in discharging their duty as managers, and, after deducting two and a half per centum, or at the rate of two dollars and fifty cents on every hundred dollars by them expended, and such other fees as a majority of the owners then met may judge their services deserve, shall deliver the balance in their hands, if any Pay over mothere be, to their successors, and if they or either of them shall neys to their refuse to account and pay the balance as aforesaid, the suc- successors. ceeding managers shall sue for and recover what appears to be in their hands, by action of debt or otherwise, in any court where the same is cognizable, with costs of suit.

SEC. 6. And be it enacted, That the assessor shall forthwith Collector to assess the several sums so agreed to be raised, and the col- pay moneys lector shall collect and pay the same to the managers, or either raised to maof them; the assessor shall receive two dollars and fifty cents nagers. for every such assessment, to be paid, by the collector, out of and collectthe common stock; and the said collector shall and may retain or's compenat the rate of two dollars and fifty cents on every hundred dol- sation. lars, for collecting.

Assessor's

owners to pay

assessments, collector may

SEC. 7. And be it enacted, That if any of the owners or On failure of possessors of said meadows shall neglect or refuse to pay his, her, or their assessments for twenty days after the same shall be demanded by the collector, the said collector shall prosecute for the same, by action of debt, in any court where the same may be cognizable, with costs of suit.

prosecute.

how meadows may be

SEC. 8. And be it enacted, That if any of the owners of the When and said meadows shall not reside within this state, or have any person to represent them to pay the sum or sums of money as leased to pay sessed as aforesaid, or if any of the said owners, being resi- assessment. dents of this state, cannot be arrested, or have not effects on which to levy sufficient to pay the assessment or assessments aforesaid, that then and in such case it shall and may be lawful for the said managers for the time being to rent out any of the said meadows belonging to the said owner, or the whole,