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Tenants may

pay and recover from landlords.

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 part of said meadows, to bring in his, her, or their charges of money paid, and services done, pursuant to the direction of this act, and recover the same of his, her, or their landlord or landlords: 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 Certain ditch- a half wide at the bottom, and three feet deep, and lying on a 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

es and drains

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 refusal 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 meetcies of officers ing of the company, at such time and place as they, or two of to be supplithem, 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.

ed.

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 neglect of du- 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.

Company incorporated.

SEC. 13. And be it enacted, That the owners of the meadows aforesaid, and their successors, at all times hercafter, shall be 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

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or of the United States, and generally to do all and singular
the matters and things which to them it shall lawfully apper-
tain to do, for the well-being of the said corporation, and the
due management and ordering the affairs thereof.

but for pur

poses express

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 meadow holders, any sum or sums of money more than is sufficient 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 banking.

indicated in this act.

SEC. 15. And be it enacted, That the act entitled, "An act Former acts to provide for the management of certain meadows on Bur- repealed. lington creek," 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.

built over Co

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 board of chosen freeholders of the county of Cumberland be, and they are hereby authorized to build and 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 therein, to be at least twenty-four feet wide, and to be fixed in draw that part of said bridge where the vessels and boats may pass through with the greatest convenience.

Width of

open or dam

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- Penalty for leaving draw lers and others from passing over the same for more than fifteen 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

30

iron work or stone work belonging to said bridge, or otherwise wilfully damage or do any act which may have a tendency to injure said bridge and draw unnecessarily, he, she, or they so offending shall, for each and every offence, forfeit and pay the sum of twenty dollars, over and above the damage done to said bridge or draw, to be recovered in an action of debt, before any court having competent jurisdiction, with costs of suit, by any person who shall sue for the same, one half of said sum to be for the use of the prosecutor, and the other half to be paid into the hands of the county collector, to and for the use of the county of Cumberland.

SEC. 3. And be it enacted, That it shall not be lawful for any Penalty for person or persons to drive any wagon or cart, sled, or sleigh, driving faster or any other kind of carriage or vehicle, or ride, lead, or drive than a walk. any horse, horses, mule or mules, or any description of cattle, over or upon said bridge at a faster gait than a walk; and any person or persons driving any wagon or cart, sled or sleigh, or any other kind of carriage or vehicle, whether of burden or pleasure, over said bridge, shall keep to the right, while driving or going over said bridge; and every person so offending against the provisions of this act shall forfeit and pay five dollars, to be recovered by action of debt, with costs of suit, in any court of competent jurisdiction, by any person who shall sue for the same, one moiety for the use of the prosecutor, and the other to the county collector, for the use of the county of Cumberland: Provided always, that this act shall not be construed so as to prevent any physician, midwife, or person or persons going for such physician or midwife, or returning from said errand, any person or persons riding express by order of any public officer of this state or of the United States, or pursuing a fugitive from justice, runaway servant or apprentice, from driving or riding over said bridge at a faster gait than a walk: Provided also, that the board of chosen freeholders of said county shall cause to be fixed, and always kept up, at each end of the bridge, in some conspicuous place, in plain letters, "Five dollars fine for travelling over this bridge at a faster gait than a walk;" and on neglect of such notice, the aforesaid fine shall not be incurred.

Proviso.

Proviso.

Person to

SEC. 4. And be it enacted, That in case it should become necessary for the protection of said bridge and draws, and the take care of accommodation of persons passing over or through said bridge, bridge. to have the same put in the special care of some person suitable for that purpose, then and in that case it shall and may be lawful for the board.of chosen freeholders of said county for the time being, to make such regulations as they shall deem necessary, for the better protection and accommodation of the same: Provided they shall be in accordance with the preceding sections of this act.

Passed January 26, 1833.

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AN ACT to divorce William Starkweather from his wife Eliza Stark

weather.

mar

E. Starkweather divorced.

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the W. Starksame, That William Starkweather be, and he is hereby di- weather and vorced from his wife Eliza Starkweather, and that the riage contract heretofore existing between them, the said William Starkweather and Eliza his wife, be, and the same is hereby as fully and absolutely dissolved as if they had never been joined in matrimony.

Passed January 26, 1833.

A Supplement to an act entitled, "An act to incorporate a company to
create a waterpower at the city of Trenton and its vicinity, and for other
purposes," passed February sixteenth, eighteen hundred and thirty-one.

ments.

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 any person, copartnership, or body politic, failing, Stock forfeitfor the space of thirty days after a demand thereof, in writing, ed on failure to pay any installment, or part thereof, of the capital stock of to pay installthe said company, which may hereafter become due and owing to said company, shall forfeit to the said company, at their discretion, every share upon which there shall be a deficiency, and all moneys thereon previously paid; which shares of stock, so forfeited, shall and may be sold, by the president and managers for the time being, for such price as can be had for the same; and the purchaser or purchasers thereof shall be considered as members of the company, as fully as if they had been original stockholders.

Passed January 26, 1833.

AN ACT to authorize commissioners, therein named, to divide the real
estate of Rachel Carson, deceased, among her children and heirs at law.

WHEREAS Robert Carson, deceased, in and by his last will and Preamble.
testament, executed in due form of law to pass real and per-

sonal estate, dated the twelfth day of April, one thousand eight hundred and thirty-two, did, among other things, order, devise, and direct all his real estate, consisting of a tract of land, situate in the township of East Windsor, in the county of Middlesex, containing about two hundred acres, to be equally divided among the four children of his daughter Rachel, wife of Doctor Ezekiel Wilson, and the six children of his deceased son, Anthony Carson, and his son Disbrow Carson, that is, Rachel's children to have one-third, Anthony's children another third, and Disbrow Carson the remaining third, to be disposed of as in said will is directed; and did thereby further order and direct the said Disbrow Carson, his executor therein named, and who has taken upon himself the burden of the exccution of the duties of executor, to appoint three good, judicious, and disinterested freeholders to appraise, value, and divide his estate, both real and personal, in three equal parts, under the provisions of said will. —AND WHEREAS it appears that John T. McDowell, Allison Ely, junior, and John B. Mount, of the said county of Middlesex, have been duly appointed to perform the duties under said will-AND WHEREAS it appears that two several parcels of the farm held by the said Robert Carson, deceased, at the time of his death, belonged to Rachel Carson, his wife, in fee-simple, who died some time before him, together with the undivided third part of another tract, of about one hundred and fifty acres, situate in the said county of Middlesex; and that the said Robert Carson was only tenant by the curtesy thereof; AND WHEREAS it further appears, that, at the time of the death of the said Rachel Carson, the said Rachel Wilson and Anthony Carson, then living, and Disbrow Carson were her children and heirs at law. AND WHEREAS it further appears, that the same persons who take under the will of the said Robert Carson, deceased, are the same who inherit from Rachel Carson, deceased, his late wife, and in the same proportions, yet, owing to the peculiar location of the tracts of land thus devised and inherited, a division cannot be made without great prejudice to the interests of the parties, without legislative aid;-AND WHEREAS it further appearing that Disbrow Carson, Doctor Ezekiel Wilson, and Rachel, his wife, and Margaret Carson, widow of Anthony Carson, deceased, and guardian of the surviving children of the said Anthony Carson, deceased, who are all minors, have petitioned for legislative aid in the premises, and it appearing to be just and reasonable-Therefore,

SEC. 1. BE IT ENACTED by the Council and General AssemCommission bly of this State, and it is hereby enacted by the authority of the ers to divide same, That the said John T. McDowell, Allison Ely, junior, estate of Ra and John B. Mount be, and they are hereby authorized and empowered to estimate, appraise, value, and divide the real

chel Carson, deceased.

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