the proper draining of said road; and if the said company, or their agents, and the owner or owners of such required land or material cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, or a judge of the court of common pleas of the county of Monmouth, upon application of either party, and after six days' notice in writing to the opposite party of such application, and after hearing the parties to appoint three disinterested, impartial, and judicious freeholders, residents of this state, commissioners to assess the price or value of such materials as may be required by said company, and all damages to be sustained by reason of their removal, who shall, before they enter on the duties of their appointment, be duly qualified according to law, faithfully and impartially to execute the duties thereof, and after six days' notice, in writing, to both parties, of the time and place, shall meet, view the premises, hear the parties, and evidence, if desired, and thereupon make such decision or award as to them may appear just and equitable, and transmit such award and decision in writing, under their hands and seals, or the hands and seals of a majority of them to the clerk of the said county of Monmouth, to be by him filed as a public record, and certified copies taken if desired by either party; and upon payment or tender of the sum so awarded by the commissioners, the said company or their agents may enter upon and remove all such materials as have been appraised as aforesaid, and when, by reason of any legal incapacity, or the absence of the owner or owners of such land or materials, no agreement can be made with the said company, then it shall be the duty of said company to pay the amount of any award made in behalf of any such persons by commissioners appointed as aforesaid, into the court of chancery, to the clerk, thereof, subject to the orders of said court, for the use of said owner or owners. 9. And be it enacted, That as soon as said company shall Rates of toll. have constructed said road according to the directions of this act, and the true meaning and intent thereof, it shall Proviso. Mile-stones to be erected. Penalty for injuring works. and will be lawful for said company to erect gates or turnpikes across the same, and to demand and receive toll for traveling each mile, and all fractions over one-half a mile of the said road, not exceeding the following rates: For every carriage, sleigh, or sled, drawn by one beast, one cent; For every additional beast, one cent; For every 10. And be it enacted, That before the said company shall receive toll for traveling said road, they shall cause milestones to be erected and maintained, and on each stone shall be fairly and legibly marked, the distance said stone is from the village of Allentown; and shall cause to be fixed at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of toll, which may be lawfully demanded, and also a board, on which shall be printed in large letters, "Keep to the right, as the law directs;" penalty ten dollars. 11. And be it enacted, That if any person shall wilfully break, throw down, or deface any of the mile-stones so erected on said road, or wilfully tear down or deface any of the printed rates of toll or directions, or shall cut, break down, or destroy, or otherwise injure any gates, turnpikes or bridges, that shall be erected pursuant to this act, or shall forcibly pass the same without having paid the legal toll at such gates or turnpike, such person shall forfeit and pay the sum of ten dollars, besides being subject to an action for damages for the same, to be recovered by said company by an action of debt or other proper action, in any court of competent jurisdiction, with cost of suit; and if any person with his or her carriage, team or horses, turn out of said road, to pass a gate or gates upon private grounds adjacent thereunto, and enter again on said road, with the intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five times as much as the legal toll would have been for passing through said gates, to be recovered by said company, for the use thereof, in an action of debt, with the costs of suit. taking ille 12. And be it enacted, That if any toll-gatherer shall un- Penalty for necessarily delay or hinder any traveler passing through gal tolls. any of the gates or turnpikes, or shall demand more toll than is by this act established, he shall, for every such offence, forfeit and pay the sum of twenty dollars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably hindered and defrauded. obstructing 13. And be it enacted, That all drivers of carriages, sleighs Penalty for or sleds, of every description, whether of burthen or plea- passage. sure, or persons on horseback, using the said road, shall keep their horses, carriages, sleighs or sleds, on the right hand side of the road, free and clear for other carriages or persons on horseback to pass; and if any person shall offend against this provision, such person shall forfeit and pay the sum of ten dollars to any person who shall be so obstructed in his or her passage, and will sue for the same, and shall also be subject to an action for damages for every such offence, to be recovered with costs of suit. in case road are not kept 14. And be it enacted, That if the said company shall not Proceedings keep the road and bridges in repair, it shall be the duty of and bridges any judge of the court of common pleas of the county of in repair. Monmouth, upon complaint being made to him in writing, stating the bridge or part of the road that is out of repair, and specifying the particular defect, and after four days' notice in writing, to said company, specifying the particu Public act. lar part of the road or bridge, and the particular defect complained of, and, after hearing the parties, if the said company shall not have mended or repaired the bridge or part of the road complained of, to appoint, under his hand and seal, three judicious, disinterested freeholders of the county of Monmouth, not residing in any township which said road passes, who, having been duly qualified according to law, to act impartially in the case, shall proceed to view and examine said part of the turnpike road or bridge so complained of, and report to said judge in writing, under their hands and seals, or under the hands or seals of any two of them, whether it be in such state as the law requires it to be kept, and if the report be unfavorable to said road, said judge shall immediately, in writing, under his hand and seal, order the keeper of the gates or turnpikes established on the division or part of the road complained of, to keep open the same until otherwise ordered, and if the said keeper shall, notwithstanding the order of said judge to open said gates or turnpikes, exact toll of travelers, he shall, for each offence, forfeit and pay the sum of twenty dollars, to be sued for by any person who shall prosecute for the same in an action of debt, with costs of suit, and the said judge shall be allowed for his services one dollar, and the persons appointed one dollar each, to be paid by the company; and upon due proof before said judge, that said company have repaired or mended said road or bridge in the particular complained of, he shall, by license, under his hand and seal, directed to the toll-gatherers, permit the gates or turnpikes to be shut, and the toll to be collected as before, and the said fee shall be allowed and paid as before directed; but if, on the view as before mentioned, the report of the persons appointed, or a majority of them, shall be in favor of the company, the same fees shall be allowed as before prescribed, and be paid by the person or persons making the complaint. 15. And be it enacted, That this act shall be taken and construed as a public act, and shall take effect immediately. may use 16. And be it enacted, That the said corporation may use Corporation any portion of the main public road on the route above public road. named, by and with the consent of three-fourths of all the landholders along or on the route of said road, and if the owners of such lands shall refuse their consent, then and in that case such road shall be vacated as a public highway, according to law. Approved March 16, 1858. CHAPTER CLII. AN ACT to incorporate Egg Harbor City. of city. 1. BE IT ENACTED by the Senate and General Assembly of Boundaries the State of New Jersey, That all that part of the county of Atlantic included within the following bounds, that is to say: between the Little Egg Harbor or Mullicas river on the northeast, and the Camden and Atlantic railroad on the southwest, and between a straight line commencing at the mouth of Pine creek and running in a southwestwardly direction and perpendicularly to the Camden and Atlantic railroad, until it meets the said railroad on the northwest, and a line commencing at a point southeast of the fortysecond mile-stone of the Camden and Atlantic railroad, on the line of said railroad, and the middle of an avenue named Bremen avenue, on the plan of said city, and running thence in a straight line perpendicularly, to said railroad, in a northeastwardly direction, along the middle of said Bremen avenue, until it meets a street laid out on the |