Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-05-17
CHAPlEls OXXV.

(HAH E1s AAAN.
An act to provide for the construction Of propei
water-gates Il dams.
Whereas, During heavy freshets great damage Is
often occasioned by reason Of the breaking
away Of mil-dams, for the want OF proper waste
gates for the discharge Of the surplus water, and
bridges and other public and private property are
thus destroyed. for the remedying thereof;
l. Be it enacted by the Senate and General As
sembly of the State of New Jersey, That in
all mill-dams more than six feet high and sixty
eet long, heretofore or hereafter constructed in
any of the waters of this state, there shall be
placed, when required by the township committee
Of the township where the same is or is to be To-
cated if the is, is to be, located in two
townships, then by the township committees OF
Doth townships at least one suitable wastegate for
the free and rapid discharge of surplus water in
time Of freshet or other emergency, which gate or
gates shall be kept in good order at all times BY
the owner or lessee Of the water-power furnished
by such mil-dam such gate or gates shall be OF
such dimensions as may be approved by a reputa-
ble engineer and the chosen reeholder of the town
ship wherein such dam may lie, or il the same shall
be in two townships, then by the chosen freehold
ers of both townships, and q plan and written
specification Of the construction Of such gate or
gates, approved as aforesaid in writing, shall be
fled by the owner or lessee Of said dam, and under
whose authority the has been or is to be con-
structed, in the county clerks office Of the county
or counties wherein the same may be located, be-
fore it shall be lawful to construct such dam,
and notice of such fling shall be given by such
owner or lessee to the board of chosen feeholders
of any county wherein such dam doth or is to lie
2. And be it enacted, That any person who shall
construct or maintain a dam more than six feet
high and sixty long, without complying with
the provisions Of the first section of this act shall
be liable for any and all damages, to either public
or private property which shall be proved In any
court of competent jurisdiction to have resulted
from such noncompliance.
3. And be it enacted, That when any heavy ram
storm or freshet shall occur and the waters packed
up by any dam shall overflow the same, 1t shall be
the duty of such owner or lessee to raise the waste
gate gates in such dam, to height suffeient 10
allow the surplus waters to run OF freely, and re-
heve the pressure against such dam, in order 10
avoid the danger Of the same being carried away !;
and in Of the failure neglect of such owner
lessee to raise such gate gates, II shall be
lawful for the roadmaster OF any road district
wherein such dam shall wholly or partly lie, TO
raise the gate OF gates as Aforesaid.
a. And be 1t enacted, That II any person VINO
shall be notified to construct gate gates under
this act shall feel aggrieved, he may within ten
days after the service of the notice upon him, ap-
peal to the board OF chosen freeh0lders Of the
county by serving written notice Of appeal upon
the clerk Of said board, and by serving copy OF
such notice of appeal upon the clerk OF the town
ship committee or committees who gave the notice
requiring such gate, personally, or by leaving the
same at his or their residence, and thereupon, said
board Of freeholders shall have power to hear and
determine said appeal. and the decision of . ma
l0rily thereof thereupon shall be final, II no appeal
be taken such gate or gates shall be constructed
within ninety days from the service OF the notice
requiring the same, and if an appeal be taken and
the board OF chosen freehoiders decide that said
gate or gates shall be constructed, the same must
be constructed within ninety days after such de-
cision, and 1t shall be the duty OF the board OF
chosen freeholders to hear and determine any such
appeal within forty days after the appeal " taken
8. And be It enacted, That this act shall not ap-
20 And be 1t enacted, That this act shall take
effect immediately.
Approved March %, 1883.