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AN ACT to provide for the management of certain meadows on Burling
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,
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 er
" 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 in March, at ten o'clock in the forenoon, yearly and every partia vear-the first time, at the public house or inn at present kept managers, by Samuel Rogers, in Burlington, and afterwards at such place clerk, agost 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 lector. one collector, for the year ensuing such choice, and until others shall be chosen in their stead; and, until sach 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
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 Name of the
owners of said meadows, to be called “the Burlington Meadow company.
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 nagers. 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 er un, and cut in the room of it, at all times open and clear, so as to on meadows give the tide water and back water a sufficient fall off and of company from the said meadows; and shall cause the said creek or caditches, &c. inspect. nal to be scoured and cleansed, at some convenient time, be
tween 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 May cleanse ditch aforesaid, within and against his, her, or their meadows, ditches, and to cleanse the same, so that the water may pass freely by and structions,
through the same into the creek or main ditch aforesaid; and where owners on the refusal or neglect of the said owners or possessors, for neglect,' 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 from owners.
the 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
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.
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 or- of company. der 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.
Sec. 5. And he 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 oftener. 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 po there 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 nagen 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.
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, owners to pay her, or their assessments for twenty days after the same shall
lays anter the same shall collector may be demanded by the collector, the said collector shall prose- prosecute. cute for the same, by action of debt, in any court where the same may be cognizable, with costs of suit.
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 how mead
ows may be person to represent them to pay the sum or sums of money as- leased to Day 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,
if necessary, for such term or time as that the rent thereof will 'amount to a sum sufficient to pay the said assessment or assessments as aforesaid, and no longer.
Sec. 9. And be it enacted, That it shall and may be lawful for
any tenant or tenants who shall or may be in possession of any Tenants may part of said meadows, to bring in his, her, or their charges of mopay and re ney paid, and services done, pursuant to the direction of this cover from
act, and recover the same of his, her, or their landlord or landlandlords.
lords: Provided always, that nothing herein contained shall affect or alter contracts subsisting, or which may be made, between any landlord and tenant.
Sec. 10. And be it enacted, That all line ditches or drains
of nine feet wide at the surface of the meadow, four feet and urtain ditch- a half wide at the bottom, and three feet deep, and lying on a es and drains declared to be mud or miry bottom, shall be deemed and reputed, and the lawful fences. same are hereby declared, to be lawful fences, and shall be di
vided in the same manner, and made and maintained in the same proportion, as line fences are, by law, directed to be divided, made, and maintained; and the mud, earth, or rubbish shall be cast, as equally as may be, on each side, except the owners, by agreement, determine otherwise.
Sec. 11. And be it enacted, That in case of the death or re
fusal of any of the officers to be hereafter appointed under this How vacan- act, it shall and may be lawful for the managers to call a meet.
of officers ing of the company, at such time and place as they, or two of to be suppli
them, shall appoint, in the notice given for that purpose; and such of the company as shall meet in pursuance of the said notice, are hereby authorized to choose others to supply the place of the officer or officers so dying or refusing, until the next annual election, to be held by virtue of this act.
Sec. 12. And be it enacted, That if the managers, assessors,
collectors, or clerks, or any of them, shall or do neglect his or Penalty for
än. their, or either of their duties, enjoined in this act, or shall rety by officers. fuse to take upon him or them the office or offices for which
he or they may, or shall be chosen, he or they so neglecting or refusing shall forfeit and pay the sum of thirty dollars, to be recovered by action of debt, with costs of suit, by any owner or owners of said meadows who shall or may sue for the same, to be applied to the use of the said company.
Sec. 13. And be it enacted, That the owners of the meadows Company in
aforesaid, and their successors, at all times hereafter, shall be corporated. " distinguished and known by the name, style, and title of "the
Burlington Meadow Company," and, by the same name, shall be able and capable, in law, to sue and be sued, implead and be impleaded, in any court of justice whatsoever, and to make and use one common seal, and the same to alter and renew at pleasure; and also to ordain, establish, and put in execution such by-laws, ordinances, and regulations as shall appear necessary and convenient for the government of the said corporation, not contrary to the laws and constitution of this state
or of the United States, and generally to do all and singular the matters and things which to them it shall lawfully appertain to clo, for the well-being of the said corporation, and the due management and ordering the affairs thereof.
Sec. 14. And be it enacted, That it shall not be lawful for No money to the corporation hereby created to assess and collect, from the be assessed
but for purmeadow holders, any sum or sums of money more than is suf
Ule poses expressficient for the proper maintenance of the dam, sluices, ditches, ed. and other improvements which may belong to said meadows: and it shall not be lawful for the said corporation to engage in Not to engage banking operations, or in any other pursuit which is not plainly in bank indicated in this act.
Sec. 15. And be it enacted, That the act entitled, “ An act Former a to provide for the management of certain meadows on Bur- repealed. lington creck," passed February fifteenth, in the year of our Lord seventeen hundred and ninety-six, and all acts previously passed relating to or concerning said meadows, shall be, and the same are hereby repealed.
Passed January 25, 1833.
AN ACT to authorize the chosen freeholders of the county of Cumberland
to build a drawbridge over Cohansey creek, at the town of Bridgeton.
SEC. ). 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 board of chosen freeholders of the county of Cumberland be, and they are hereby authorized to build and 5
ind Bridge to be maintain a good and sufficient bridge over Cohansey creek, at hansey creek. the town of Bridgeton, so as to connect with the street called Bridge or Main street, as laid out on the east and west sides of said creek, and as nearly on a line with said street as the ground and other circumstances will admit of, with a draw
Width of therein, to be at least twenty-four feet wide, and to be fixed in the that part of said bridge where the vessels and boats may pass through with the greatest convenience.
Sec. 2. And be it enacted, That if any captain of a vessel or other person or persons shall open or hoist the draw of said bridge, and leave the same open or up, so as to prevent travel
leaving draw lers and others from passing over the same for more than fif- open or damteen minutes, when the same is not absolutely necessary for aging bridge. the passage of some vessel or boat through the same; or if any person or persons shall cut, remove, or destroy any piece or pieces of timber, or any plank or planks belonging thereto, or a part of said bridge, draw, posts, or piles, or shall remove any