Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-05-24

An Act TO authorize and enable small land owners
to drain and improve their lands.

An Act to authorize and enable small land owners
to drain and improve their lands
l. Be it enacted by the Senate and General
Assembly of the State Of New Jersey, That it
shall and may be lawful for the owner or owners of
any meadow, swamp or other lands improved or
otherwise lying or being situate that 1t cannot
be drained sufficiently for the effectual improve
ment OF the same without clearing out, cutting
down and lowering the bed of creeks or natural
water-courses, cutting, opening or clearing out
bitches or drains into through the lands owned
by, or in possession Of such person or persons as
Will not sufficiently clear out, cut down and lower
the beds of creeks natural water courses, viii
not cut, make, clear out and keep open sufficient
bitches or drains in or through the lands so owned
or possessed by them, or will not assist Others in
such drainage, and who may desire the same, 10
apply to the two surveyors OF the highways and the
chosen freehoder Of the township III which the
lands lie, who are hereby directed and required
upon ten days notice, in writing, signed by the
applicant or applicants, theis agent or attorney,
given for that purpose, as well to the person or
persons who may in any way be benented by the
said drainage as to the surveyors and freeholder,
particularly specifying the time and place Of meet
ing; and when the said surveyors and freeholder,
or majority Of them, so met, on due proof being
made to them, that the required notice has been
given to all persons to be affected by the said drain
age, and who will be benefited thereby, which
the surveyors and freeholder shall decide, and their
decision shall be final and conclusive; and the said
surveyors ana ireeaolder, having taken an oath OF
proceed to view the premises and shall if they think
the application necessary and reasonable order and
cae csec. ~ sne f oT appfantsS f ssd n y Tn 70
natural water courses, or cut, open, clear out
bitches drains sufficient to drain and improve the
width said ditch drain shall be cut, made, cleared
out and opened and the depth and width said creek
or natural water course shall be cleared out, cut
down, Strengthened, and the bed Of the same low
cred, and at the same time apportion to each land
owner who may be in any way benefited by said
proposed drainage his share of the expense of said
and the fees of the surveyors and feeholder in pro-
portion to the amount of benefits to be derived
therefrom; provided, however, that the total cost
OF such improvement shall not exceed the sum of
one Thousand dollars
2. And be it enacted, That after the surveyors
and freeholder have met and ordered the improve
ment to be made, they may proceed to have the
beds Of creeks and natural water-courses cleared
out and lowered, and the bitches or drains cut,
opened or cleared out, as directed in the order
made by the surveyors and freehoder, either by
contract or by days labor, keeping a correct ac-
count Of all expenses incurred in and by the same;
and assess from time to time, as the work pro-
crosses, each land owner with his share of the
penses incurred in accordance with the appor -
ment made by the surveyors and freeholder.
3. And be it enacted, That the applicant or APP
plicants shall in person by notice in writing, left
at the usual place of abode of each owner, demand
of and from each owner, ten days before the time
ofpayment, the sum assessed as aforesaid, to-
gether with statement of money expended up to
the time the assessment is made; and if any of the
said owners shall neglect or refuse TO pay the sum
assessed as aforesaid, for the space Of ten days
after the time fixed for the payment thereof, it
shall and may be lawful for the applicant appl-
cants, their agents attorneys, to collect the
by action OF debt, with costs of snt, in any court
where the same may be cognizable.
-4. And be it enacted, That when any surveyor 4
the highways or chosen freehoder Of any tow-s.
ship in or through which any ditch, drain or water
course is proposed to be laid ont or renewed, re-
paired lowered shall be interested for or against
the application shall be made to any surveyor
Of the highways or chosen freeholder of any adja-
cent township of the same county, In place Of the
surveyor of the highways chosen freehoder so in
teresed aforesaid, who in conjunction with such
other surveyors and freeholder may by law be
authorized to act in the premises, shall exercise
the powers and perform the duties conferred and
enjoined by this act.
S. And be it enacted, That this act shall be
deemed public act and shall take effect imme-
diately-
Approved March %, 1888