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not agree.

owners can persons employed by them, with carts, wagons and other carriages, and with beasts of burthen and draught, with all necessary materials, tools, and implements, to enter upon all lands contiguous or near to the said road, doing as little damage as possible, repairing any breach they make in the inclosure thereof, and to make all ditches. and underdrains across and through said lands as are necessary for the proper draining of said road, and to take and carry away stone, clay, gravel or sand, or other materials therefrom, suitable for making or repairing said road; and if the said company or their agents and the owner or owners of such required land or materials 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 counties of Monmouth or Mercer, upon application by 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, judicious freeholders, residents of the state, commissioners to assess the price or damage of such materials, 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 counties of Monmouth and Mercer, to be by him filed as a public record, and certified copies taken if desired by either party; and upon payment or the 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 said land or materials no agreement can be made with 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 the 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 intent and meaning thereof, or shall have constructed the same from Hightstown to the village. of Milford, it shall and may be lawful for the said company to erect gates or turnpikes across the same, also to erect toll-houses thereon, and to demand and receive toll for travelling each mile and all fractions of a mile of the said. road, not exceeding the following rates, to wit:

For every carriage, sleigh, or sled drawn by one beast, one

cent.

For every additional beast, one cent.

For every horse and rider or led horse or mule, five mills. For every dozen calves, sheep or hogs, five mills. For every dozen horses, mules or cattle, two cents. And it shall and may be lawful for the toll-gatherers to stop all persons riding, leading, or driving any horses, cattle, mules, sheep, calves or hogs, or carriages of burden or pleasure, from passing through the said gates or turnpike until they have paid the toll aforesaid specified; pro- Proviso. vided, that nothing in this act shall be construed so as to entitle the said company to demand or receive toll of or from any person passing to or from their regular place of public worship on the Sabbath day, or horses, carriages, sleighs, or sleds carrying persons to or from a funeral, or any person passing from any part of his farm to any other part of the same on the common business thereof.

to be erected.

10. And be it enacted, That before the said company shall Mile-stones receive toll for travelling said road, they shall cause mile stones to be erected and maintained, and on each stone shall be fairly and legibly marked the distance said stone. is from the borough of Hightstown, and shall cause to be fixed at the gates or turnpikes aforesaid, in some con

Penalty for injuring works.

Penalty for taking illegal tolls.

Road to be

divided into two divisions.

spicuous 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."

11. And be it enacted, That if any person shall wilfully 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 turnpikes, such person shall forfeit and pay the sum of ten dollars, besides being liable to an action of damage for the same, to be recovered by said company by action of debt or otherwise, in any court of competent jurisdiction, with costs 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 thereto, and again enter on said with 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 action of debt, with costs of suit.

12. And be it enacted, That if any toll-gatherer shall unnecessarily delay or hinder any traveller passing through 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.

13. And be it enacted, That the said road shall be divided into two divisions, that part from Hightstown to the Monmouth county line to be called the western division, and that part from said line to Perrineville to be called the eastern division, and by such shall be known in all proceedings against the company; and any defect in one divi

sion shall not affect the right to collect the toll on the other, but shall apply to that division only.

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 in the counties of in repair. Mercer or 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 particular 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 counties of Mercer or Monmouth, not residents in any township through 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, 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 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 travellers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who shall prosecute for the same, in 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 toll shall be allowed and paid as before directed; but

Highway to be vacated

struction of road.

if on the view as before mentioned, the report of the per-
sons appointed, or a majority of them, shall be in favor of
the company, the same fees shall be allowed as before pre-
scribed, and be paid by the person or persons making the
complaint.

15. And be it enacted, That this act shall take effect im-
before con- mediately, but said company shall not construct their said
turnpike along said highway until the same shall be vacated
as a public highway according to law.
Approved March 9, 1859.

Names of

CHAPTER XCVII.

AN ACT to incorporate the Trenton Horse Railroad Company.

1. BE IT ENACTED by the Senate and General Assembly of

corporators. the State of New Jersey, That Timothy Field, Robert Aitken,

William M. Force, Lewis Perrine, Thomas P. Johnston,
Jonathan S. Fish, Charles Moore, Joseph Whitaker and
James T. Sherman, and such other persons as may be
hereafter associated with them, shall be, and they are hereby
ordained, constituted and declared a body politic and cor-
porate, in fact and in law, by the name of the "Trenton
Horse Railroad Company," and shall be capable of pur-
chasing, holding and conveying any lands, tenements, goods
and chattels necessary or proper for the object of the said
corporation.

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