Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-04-28
CHAPTER CLvIII

approved March "a, 1881.
CHAPTER CLyIII
An act to provide for drainage where the same
is necessary to the public health
l. Be it enacted by the Senate and Genera
Assembly of the State of New Jersey, Tha
| any ten or more citizens who deem il necessary
for the public health that any pond, artificial
reservoir, marsh, swamp bog, meadow, or low
| or wet lands should be drained may present
| petition duly verified to the court of common
pleas of the county in which such pond, artifi.
cial reservoir. marsh, swamp, bog, meadow, OF
low or wet lands lie, or if the same lie in more
than one county, to the supreme court of this
state in open court in each instance, setting
forth the facts and the names of all the owners
of lands likely to be affected by the proceed
ings, so far as known to the petitioners, and
praying for the appointment of three commits
sloners for the purposes and with the pow
hereinafter set forth; notice of the proposvd
application and of the day on which the same
is intended to be made shall be given for a:
least two weeks previous to the day of making
such application, by advertisement in writing.
under the hands of at least two of the petition
ers set up in three of the most public places in
the townhip in which the premises proposed to
be drained are situate, and if such premises
are situate in more than one township such adj
vertisement shall be set up at three Of the most
public places in each township
2. And be it enacted, That the said court to
which such application is made, on due proof
being made that the advertisements have been
set up according to law, on which the Judgment
of the court shall be final and conclusive, and
being satisfied that the petition is in due form,
shall thereupon appoint three persons, who
shall be freeholders in the county or in one of
the counties wherein the premises proposed to
be drained are situated, and who shall not be
Interested IN said premises or any of them, and
one ofwhom shall be civil engineer or surveyor,
to hear and determine, first whether the drain
age petitioned for is necessary to the public
health, and second, through what lands it is
necessary, in order to drain the premises in
question, that ditch or bitches or other chan
nels for the free passage of wafer should be
opened; and to take such other and further stepy
With reference thereto as are hereinafter pro
vided for
8. And be it enacted. That the said commits
sioners, before they enter upon the duties of
their Office, shallmake and subscribe and file
an oath with the clerk of the court by which
they are appointed, that they will faithfully dis
charge the duties of their Office to the best of
their knowledge and ability; the commits
sioners shall, with all convenient speed, after
qualifying as herein provided meet and organ
ize by appointing one Of their number as
chairman and another as treasurer; the treas
urer shall collect and be the custodian of all
moneys to be collected or received by the COM
missioners under the provisions of this act, and
shall pay out the same only upon the order of
the commissioners signed by at least two of the
commissioners; the treasurer shall give bond
or bonds with sufficient sureties to the township
committee Of the township where the premises
IN question lie. Or if in more than one township
then to the township committee of each town.
ship; such bond or bonds to be approved by a
judge of the court in which the proceedings
were commenced, both as to suficiency and
nj 10 Ho Hal al, 49,
court.
f. And be it enacted, That the said nmis-
sioners SHALL after notice to the petitioners and
the parties named in the petition, in such man
ner as they shall order, proceed by personal
view of the premises, or otherwise, to deter
mine whether the drainage petitioned for is
necessary to the public health.
5. And be it enacted, That the said commits
sioners shall file in the Office of the clerk of the
court by which they were appointed their de-
termination, signed by them, or bv majority
of them if they do not all concur, and give
notice of such filing to all whom it may con-
cern, by publishing such notice, at least two
times in some newspaper published at the
county seat of the county in which such premi-
ses are situated; and if they be situated in more
than one county, in newspaper published at
the county seat of each county; any party feel
ing aggrieved by such determination may at-
peal therefrom to the court in which the pro-
ceedinSs we're commenced, by giving written
notice of such appeal to said commissioners
within twenty days after the last publication of
such notice; the said court shall thereupon, on
motion of either party, on at least ten days
notice to the appellant or appellants, proceed to
hear said appeal in a summary manner and in
accordance with the rules and practice of the
court, and to determine the same; if either or
both parties desire that testimony be taken to
be used on the hearing, such testimony may be
taken orally, in open court, or in the form Of
dispositions, as the court may direct
6. And be it enacted, That If it shall be adj
judged and determined by the said commits
sioners, or by the court in case of appeal, that
for the benefit of the public health such bitches
drains OF channels, for the free passage of
water, shall be opened, or that such pond arti-
fetal reservoir, marsh, swamp, bog. meadow,
low or wet lands, should be drained, it shall be
the duty of said commissioners (unless the same
shall be done by the owners of the lands to be
thereby affected, to the satisfaction Of said com
missioners) to cause an accurate survey of the
lands and pre- misses in question, to be made and
map thereof to be made showing all the lands
and premises that are proposed to be drained
the number of acres In each separate tract in
clllded in the district to be drained the names
of the owners-and occupants thereof, SO far as
can be ascertained, and the relative levels of
each tract, and the width, depth and slope Of
sides, shape and course of such ditch or bitches
or other channels for the free passage Of water,
as they shall determine to be necessary for the
drainage of the land and premises in question
and for the purposes of this act said commits
sioners are empowered to employ a competent
civil engineer or surveyor, or to authorize
such commissioner as may be civil en-
gineer or surveyor. to act as such, and
to act upon any and all the lands mentioned in
the petition or deemed necessary by such COM
missioners, and survey the same, and take the
levels thereof and by themselves, their SER