1. That when any tract of marsh or swamp is exposed to the overflow of the tide and
the same may admit of a division by one or more cross banks into separate parts, it
shall be lawful for the owners of more than one-half of any part of said marsh which
may be justly separated from the rest by a cross bank, to apply to the court of common
pleas of the county in which such marsh doth lie, as directed by the first section
of the act to which this is a supplement; upon which said court is required to appoint
three or more judicious and disinterested men, well acquainted with banking and improving
tide meadows, as commissioners, who shall view the premises, hear the parties applicant
and others interested; and if they think proper, lay out the cross banks, sluices
and floodgates and works requisite for securing the marsh or swamp from the overflow
of the tide in such place and places and directions as may appear reasonable and most
safe and beneficial to the owners of such part of the marsh and swamp which is proposed
to be secured from the overflow of the tide, subject to the like rules, regulations
and proceedings as required by the act and supplements to which this is a further
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