
    Job S. Dod against Ambrose Kitchel and others.
    OK CERTIORARI.
    THE state of demand, which bears date March 17, 1817, sets out, in substance, that the plaintiffs being owners and possessors of lands adjoining the Passaick river and branches, between the little falls and the mill dam at Chatham, were on the fourth Tuesday of May, then last past, in the township of Caldwell in Essex county, elected managers, for the purpose of removing obstructions out of that river, under the act, entitled “ An act for removing obstructions to the free course of the waters of the rivers Passaick, Rockaway, and Whippany,” passed January 31, 1812; that the defendant was possessed of lands on the Passaick river, between the points above mentioned, in the said township of Caldwell, in a place called * * * * ; that lie neglected and refused to remove the logs, brush, and trees, in said river, opposite to his land, which impeded the course of the water until the 25th day of June, then last past; that Henry Pearce, one of the plaintiffs, was then directed to remove said trees &c., and did do as was directed, and that the work amounted to 21 dollars, 31 cents, which the defendant was liable to pay under the provisions of said act. And a bill of the particulars of *the work is added. There was a trial and verdict for the plaintiffs. And it was here assigned for error, that the plaintiff's were not authorized to maintain the suit; that by the act of the legislature, the board of managers which was authorized to clear the river, consisted of three persons, whose duties were specially pointed out in the law ; and that that board only, could bring the suit.
    Board of whfctfiiTto t°r re-Auctions in tíie Passaick
    
      Hornblower for plaintiff. Attorney General for defendant.
   But by the Court.

The law directs the creation of two boards of managers ; the one to assess the owners of the adjoining lands, remove the reefs, and clear the river of obstructions, existing at the time of the passing of the act. The other, to see that the brush &c., which should after-Wards be annually brought down and lodged in the was removed. The first board consists of three members; the last, of not less than three, nor more than seven. It is the duty of the last, to warn the land holders to remove the obstructions; and if their warning be not attended to before the 25th of June, annually, then to hire some one to do the work, and sue the landholder for the value of it. Such is the foundation of the present suit; and this being so, it is brought by the proper board of managers.

Judgment affirmed.  