SESSION OF 1863.

may at any time be removed from office, by a vote of twothirds of all the chosen freeholders of the said county for the time being; such jailor shall be elected by a vote of a majority of all the members of the said board; such jailor, before he enters upon the duties of his office, shall give bond to the said board of chosen freeholders of the county of Hudson, in such sum and with such sureties as said board shall prescribe, conditioned for the full and faithful performance of the duties of his office.

house.

171

4. And be it enacted, That the said board of chosen free- Erect a work holders of the county of Hudson are authorized to establish a work house, as aforesaid, on the said farm, and also to require any person or persons sentenced as by this act declared to perform such kind of work and labor on said farm as the said board, by reasonable rules and regulations, shall prescribe; the said work house and the said farm, or such parts of the said work house and said farm as the said board shall so declare, shall be a part of the common jail of the said county of Hudson; and the said jailor shall be master of the work house, and subject to the regulations of the said board, shall have the charge and custody of the person or persons sentenced there to work and labor; said jailor shall keep at such work and labor as they are able to perform in said work house, or subject to the regulations of said board, on said farm, during their continuance in custody, persons sentenced for crime or misdemeanor; persons sentenced upon indictment to hard labor or imprisonment, or until their fine and costs shall be paid; persons convicted of petit larceny by two justices of the peace; persons convicted and committed under or by virtue of "An act to describe, apprehend and punish disorderly persons;" persons convicted and committed by virtue of the provisions of "An act for suppressing vice and immorality;" persons convicted and sentenced to jail or imprisonment for the violation of any municipal ordinance, and such other persons as are or may be directed to be employed at work in the work houses in the several counties of this state.

rules for fail

house.

5. And be it enacted, That the said board of chosen free- Prescribe holders shall prescribe rules and regulations for the manage- and work ment and conduct of the said jail and the said work house, and the work and labor of persons as aforesaid on the said farm, and the employment, keeping and maintainance of the prisoners as aforesaid, and may contract with any person or persons for the labor of the prisoners, or any of them, and

Court may sentence to

may authorize and require such jailor, as aforesaid, to enforce such rules and regulations, and to punish any breach of the same by the prisoners, and any refusal to work, or insubordination, by solitary confinement, change of food and diet, and such other reasonable punishments as they may prescribe. 6. And be it enacted, That it shall be lawful for the court work house. of oyer and terminer and general jail delivery, and the court. of the general quarter sessions of the peace, in and for the said county of Hudson, in all cases where persons under the age of twenty-one years shall be convicted in either of said courts, of any offence punishable by imprisonment in the state prison, if in the discretion of such court it be advisable so to do, to adjudge that such person so convicted to be confined at hard labor in the jail on said farm, for such a length of time for which such person might for such offence have been sentenced to the state prison.

Provisions.

7. And be it enacted, That this act shall not be construed to repeal the act entitled "An act to transfer the charge and keeping of the jails and custody of the prisoners, in the counties of Essex and Hudson, from the sheriffs to the boards of chosen freeholders, and for the employment of the prisoners and to regulate their term of service therein," approved February twenty-seventh, eighteen hundred and fifty-seven; it being the intention of this act to establish an additional jail and work house in the county of Hudson, and to provide for the custody and control of prisoners on the said farm, and any sentence, judgment or commitment to the jail on the county farm, at hard labor or otherwise, shall be a sufficient indication of the place of confinement, detention, work and labor, as authorized by this act.

8. And be it enacted, That the said board shall be authorized to raise by tax, and expend such moneys as shall be necessary to carry into effect the purposes of this act.

9. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately.

Approved March 4, 1863.

CHAPTER XC.

AN ACT to enable the owners and possessors of the meadow and swamp lying on Rambo's Run, in the county of Gloucester, to put in repair, keep up and maintain the dam and other works across the said creek, on the river Delaware, and to keep the water course open and clear.

WHEREAS, William F. Newbold, who is largely interested in preamble. the meadow and swamp lying on Rambo's Run, in the county of Gloucester, has, by his humble petition, prayed a law might be passed to oblige all the parties concerned to contribute their just proportions towards repairing and upholding a dam, bank, and other water works heretofore erected across the said creek, so as effectually to prevent the tide from overflowing the said meadows and swamp, and to keep the water course thereof open and clear; therefore,

Elected.

1. Be it enacted by the Senate and General Assembly of Managers. the State of New Jersey, That it shall and may be lawful for the owners and possessors of said meadow and swamp to meet on the first Tuesday in May, of each year, at the now dwelling house of William Myers, and there by a plurality of votes, and by proxies, to choose one or more managers from persons interested in said meadow and swamp for the ensuing year, until which time William Myers is appointed manager; which manager now appointed, or those hereafter chosen as aforesaid, shall put in good condition, and at all times thereafter keep the said dam, bank, and other necessary water works in good repair, and defend them as they think necessary, so as effectually to prevent the tide from overflowing the meadow Powers. and swamp included within the same, the costs and expenses whereof to be paid by the owners and possessors in proportion to the quantity and value of meadow and swamp they severally hold; and the said manager or managers shall assess the said owners and possessors in proportion as aforesaid, in such sum or sums of money as shall be by him or them thought necessary for the purposes aforesaid.

2. And be it enacted, That if any of the said owners, proprietors or possessors shall neglect or refuse to pay the sum Assessments or sums of money so assessed by virtue of this act, for the to be paid.

Assessments

to be a lien on the same.

space of twenty days after a demand made by the said manager or managers, or either of them, it shall and may be lawful for the said manager or managers, or either of them, to commence an action of debt in any court of record in this state, where the same may be cognizable, and upon oath or affirmation of the said manager or managers, or one of them, or of any other person, of such demand being made as aforesaid, and that the process in such action was duly served at least ten days before the time of appearance or return thereof, with notice that at such appearance, day, or return of the process, judgment would be insisted on; the court in which or the justice before whom the said action may be commenced, shall immediately give judgment and award execution for the sum due, with costs of suit according to law, unless the debtor shall appear and plead and try the same at such time and place as shall be appointed by the court in which, or by the justice before whom the cause may be pending.

r;

3. And be it enacted, That for the security of the moneys that shall be assessed and levied, or become due by virtue of this act, all and singular the meadow and swamp of every owner, proprietor and possessor, and of every manager appointed or chosen by this act, shall be subject and liable for the payment of the sums of money which shall be assessed or become due from them, or which shall be collected or received by them severally and respectively, by virtue of this act, from the time of the said assessment, debt accrued or moneys received; and the said meadow and swamp shall be esteemed a pledge for the payment of the said moneys, into whose hands soever they may come, in like manner as if the said meadow and swamp had been mortgaged therefor by the owner and the manager or managers, or either of them, may enter upon and take the rents, issues and profits thereof for the satisfaction of the said debt or moneys, after judgment obtained as aforesaid, or sell the same by virtue of the said judgment, which he or they shall think most expedient. Rambo's Run 4. And be it enacted, That the natural water course of the said creek, called Rambo's Run, shall at all times be kept open and clear by the said manager or managers, so that the water may have a sufficient fall from off the meadow and swamp, and that all mud, grass, or other rubbish, that shall be thrown or dredged out, shall be equally divided, as near as may be, to each side of the said creek, the cost and expense whereof to be paid as aforesaid; and it shall and may be lawful for the said manager or managers to let in the tide

regulations.

for the benefit of the said meadows and swamp, and to wash out the creek and raceway outside the bank, at such times as he or they may think advantageous.

5. And be it enacted, That if the said owners or possessors Annual meetshall at any time hereafter neglect to meet on the first Tues-ings. day in May, at the now dwelling of William Myers, as aforesaid, or at such other place as may at the annual meeting be appointed by the owners and possessors so met, or represented by prexies, to choose a manager or managers as aforesaid, the manager or managers acting for the preceding year shall be continued in said office from year to year until said owners and possessors, or some of them, shall meet as aforesaid and elect others in their room; and if the said manager or managers, or either of them, shall die or become disqualified to act, then it shall and may be lawful for any one of the said owners or possessors to warn in the others (giving each of them ten days' notice) to meet at the place aforesaid, to choose a manager or managers in the place of him or them so dead or disqualified, who shall be vested with the same power and authority as though he or they had been chosen on the first Tuesday in May.

paid over.

6. And be it enacted, That the said manager or managers Money to be shall yearly, on the first Tuesday in May, account to the said owners and possessors, and produce fair accounts and receipts of all moneys by them received and expended by virtue of this act, and shall deliver the balance remaining on hand to his or their successor or successors, first deducting five cents in the dollar for all moneys so assessed and expended; and if they or either of them shall neglect or refuse to account and pay the balance as aforesaid, it shall and may be lawful for the succeeding manager or managers, or either of them, to sue for and recover the same by action of debt, in any court of record in this state where the same may be cognizable; and the said court shall give judgment and grant execution for the same with costs of suit.

7. And be it enacted, That it shall and may be lawful for any tenant or tenants who are or shall be in possession of any part of the said meadow or swamp, to bring his, her or their charge or charges of money paid, or services done in pursuance of this act, against his, her or their landlord or landlords, out of the rent due, owing or payable from such tenant

or tenants.

8. And be it enacted, That it shall and may be lawful for the said manager or managers, or either of them, to enter