Obstructions

to be removed

at the expense creating the

of the parties same.

election of

proportion to the quantity of land owned by each and the benefit which in their judgment each will receive, and shall give to such owners notice of such assessment in writing, and shall also file in the office of the clerk of both Morris and Somerset counties copies of such assessments, which shall remain a lien on the property of each owner until the same is paid or otherwise discharged by due course of law; and if any such assessment shall remain unpaid for the space of thirty days after such notice, said managers shall by notices signed by them and set up at five public places in the township where said lands may lie, and by publishing the same in a newspaper published in said county, for at least four weeks prior to the day of sale, advertise said lands for sale, at such place as said managers may direct, and at the time and place so appointed, the said managers shall publicly sell the lands of the person so assessed, which may be included in their said survey and maps, for the shortest term of years at which any person will agree to take the same in consideration of the payment of said assessment, with the interest thereon and the cost of such sale; and the said managers shall thereupon give to such purchaser a declaration in writing, under their hands and seals, of such sale; and such purchaser and his executors, administrators and assigns, shall, by virtue thereof and of this act, lawfully enter upon said lands, and have, hold, use and enjoy the same, and the rents, issues and profits thereof, for his own proper use and benefit against the owner or owners thereof, until his said term shall be completely ended.

8. And be it enacted, That after the removal of the obstructions in said river and its tributaries, as herein provided, it shall not be lawful for any person or persons to restore the same, or any part thereof, or to build any mill dam or any other dam, or to place any other obstruction in said river between the points hereinbefore mentioned; and in case any such dam shall be attempted to be built, or any other obstruction shall be placed in said river or its said tributaries, so as to interfere with the draining of said lands, the same shall be at once removed by said managers for the time being at the expense of the party erecting the same, and said parties shall also be liable for all damages which may be caused thereby.

Notice for the 9. And be it enacted, That the owners of the lands emmanagers to braced in the survey and maps herein before provided for

be given.

Spectors of first election.

shall meet annually on the first Monday of June, at such place in the township of Chatham, Passaic or Bernards as the managers for the time being, or a majority of them, shall appoint, at two o'clock in the afternoon, to hear the report of the managers for the previous year, and to elect three managers for the ensuing year, of which meetings the managers for the time being shall give public notice by publishing the same for at least twenty days in one newspaper published in Morris county, and one published in Somerset county, and by five advertisements signed by them, or a majority of them, and set up in five public places in each of the three townships above mentioned for a like space of time; such election shall be by ballot, and shall be conducted by two inspectors appointed by said managers; and that Augustus Moore, Jona- Names of inthan H. Osborn and Silas Lemond shall be and they are hereby appointed inspectors of the first election to be held under and by virtue of the first section of this act; it shall be the duty of said inspectors to certify the result of said election under their hands, and to give notice immediately to the persons elected of their election, who are required without delay to take an oath faithfully and fairly to discharge their duties as such managers, and enter upon the duties assigned to them by this act; if for any cause the annual meeting shall not be held on the day above named, it shall be called by the managers for the time being on some other day to be designated by them, of which notice shall be given as above provided; the managers elected at such annual meeting shall be clothed with and authorized to exercise all the powers herein conferred on the managers who shall be first elected. 10. And be it enacted, That the managers elected under Powers of the the provisions of this act shall also have power and authority, from time to time, to lay out such ditches in and through said lands included in said survey and maps as they may think necessary effectually to drain the same, and to require the owner or owners of the lands through which said ditches may be laid to open and keep the same open; and if such owners refuse or neglect so to do within such reasonable time as such managers shall appoint, it shall be lawful for the said managers to enter upon said lands, and open, or cause the same to be opened and cleared out, at the cost and expense of the said owners, and the amount of such cost and expense said managers may recover from said owner or owners in an

managers.

Record of pro

kept.

Managers may negotiate for

of Dennis

action for money paid, laid out and expended for his or their use in any court having cognizance of the amount claimed.

11. And be it enacted, That the managers who shall from ime [to time] be elected in pursuance of this act, shall keep a record of all their proceedings, and of all moneys received and expended by them, and also of the number of days which they shall be employed in discharge of their duties during each year, and shall submit to the annual meeting a full report of all their proceedings, receipts and expenditures, during the preceding year, and shall deliver over said records and all books, maps, papers and moneys in their hands to their successors as soon as they shall be qualified to act; the managers shall each be entitled to receive the sum of four dollars per day for each and every day which they shall devote to the duties imposed on them by this act.

12. And be it enacted, That said managers shall be and the purchase hereby are authorized to negotiate with the owner or owners mill property, of the property known as Dennis' mill property, consisting of about fourteen acres of land and the water power, mills and other buildings thereon, for the purchase thereof; and in case the said managers can agree with the said owner or owners, it shall be lawful for them to purchase the said mill property, and to pay for the same out of moneys raised by assessments as herein before provided, and it shall be lawful for the said managers to sell and convey at public or private sale any of said lands or buildings not wanted for the purpose of this act, and to give good and sufficient deed or deeds of conveyance therefor.

13. And be it enacted, That this act shall be deemed and taken to be a public act and shall take effect immediately. Approved April 21, 1868.

CHAPTER DLIV.

A Supplement to the act entitled "An Act to regulate fees," approved April fifteenth, eighteen hundred and forty

81X.

penalty not to

bill of costs.

1. BE IT ENACTED by the Senate and General Assembly of More than one the State of New Jersey, That the seventh section of the act be incurred in to which this is a supplement shall be so construed that no forfeiture or penalty shall be incurred by, or recovered against, any clerk under the said act, unless it shall appear that the error or errors made by him, in the taxation of any bill of costs, were wilfully, knowingly and fraudulently allowed; and that no more than one penalty shall be recovered in any case upon one bill of costs, and that this act shall take effect immediately.

Approved April 21, 1868.

CHAPTER DLV.

A Further Supplement to the act entitled "An Act to incorporate the Union County Building and Improvement Company," approved March thirteenth, eighteen hundred and sixty-six.

gage

tate.

1. BE IT ENACTED by the Senate and General Assembly of May purchase, the State of New Jersey, That the said company shall have real est authority to purchase, hold, sell, lease or mortgage real estate in the township of Woodbridge, in the county of Middlesex. 2. And be it enacted, That this act shall take effect immediately.

Approved April 21, 1868.

Executor of

an executor

ister on estate

tor.

CHAPTER DLVI.

A Further Supplement to the act entitled "An Act respecting the Orphans' Court and the power and authority of Surrogates."

1. BE IT ENACTED by the Senate and General Assembly of not to admin the State of New Jersey, That no executor of an executor of first testa- shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any last will and testament, letters of administration with the will annexed of the assets of the first testator left unadministered shall be issued by the surrogate of the proper county to some proper person, who shall before the issuing thereof, give bond to the ordinary of this state, with sufficient sureties, according to the provisions of the act to which this is a supplement, and the supplement thereto, approved February the twenty-eighth, eighteen hundred and forty-nine, as far as the same are applicable.

2. And be it enacted, That this act shall take effect immediately.

Approved April 21, 1868.

Corporators.

CHAPTER DLVII.

An Act to incorporate the Middelesex and Somerset Agricultural Railroad Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Jacob Vanderveer, Peter Stoothoff, Daniel D. Stelle, Henry P. Cortelyou, Peter Ayres, William Williamson, E. L. Cushman, John Garrison, Caleb B. Vanderveer, Moore Baker, John C. Van Dorn, Cornelius Hoagland, Garret Van Dorn, Henry Stryker, John Hageman and Abraham Stryker, and such other persons as may be hereafter associated with them, shall be and they are hereby