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Rates of toll. 13. And be it enacted, That as soon as the said company shall have constructed in a workman-like manner the said road, according to the several directions in the eleventh section, and the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates or turnpikes across the said road, and to demand and receive toll for travelling each mile, and all fractions over half a mile of said road, not exceeding the following rates:— For every carriage, sleigh, or sled, drawn by one beast,
three-quarters of one cent.
For every additional beast, three-quarters of one cent.
For every horse and rider, or led horse or mule, five mills.
For every dozen of calves, sheep, or hogs, five mills.
For every dozen of horses, mules, or cattle, two cents.
and it shall be lawful for the toll-gatherers to stop persons
riding, leading or driving any horses, cattle, mules, calves,
sheep, or hogs, or carriages of burthen or pleasure, from
passing through the said gates or turnpikes, until they
shall have paid the toll as specified.
*::::::, 14. And be it enacted. That before the said company shall
erected receive toll for travelling said road, they shall cause milestones or posts to be erected and maintained, one for each and every mile in use on said road; and on each post or stone shall be fairly and legibly marked the distance of the said post or stone from Keyport; and shall cause to be fixed and always kept up at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of tolls which may be lawfully demanded, and also a board, on which shall be painted in large letters, “Keep to the right as the law directs.”
o: 15. And be it enacted, That if any person shall wilfully
* break, throw down, or deface any of the mile stones or posts so erected on the 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 paying the legal toll at such gates or turnpikes, such person
shall forfeit and pay the sum of twenty dollars, besides
being subject to an action of damages for the same, to be
recovered by the said company, by action of debt or other
proper action, in any court of competent jurisdiction, with
costs of suit; and if any person, with his or her carriage,
team or horse, turn out of the said road to pass a gate or
gates on private grounds adjacent thereto, and enter again
on the said road with intent to avoid the toll due by virtue
of this act, such person or persons shall forfeit and pay
three times as much as the legal toll would be for passing
through said gate, to be recovered by the said company,
for the use thereof, in an action of debt, with costs of suit.
16. And be it enacted, That if any toll-gatherer shall unne-
cessarily delay or hinder any traveller passing at any of the
gates or turnpikes, or shall demand and receive 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 or de-
17. And be it enacted, That all drivers of carriages, sleighs
or sleds of every kind or description, whether of burthen
or pleasure, or persons on horseback using the said road,
shall keep their horses, carriages, sleighs or sleds on the
right hand of said road in the passing direction, leaving
the other side of said road free and clear for other carriages,
sleighs or persons on horseback to pass; and if any per-
son shall offend against this provision, such person shall
forfeit and pay the sum of ten dollars to any person who
shall be 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.
18. And be it enacted, That if the said company shall not
keep the said road and bridges in repair, and complaint
thereof shall be made to any judge of the court of common
pleas of the county of Monmouth, he shall immediately
appoint, by writing, three disinterested freeholders of said
county, who shall view said road, and report in writing
Penalty for taking illegal tolls.
Penalty for obstructing passage.
Proceedings in case road and bridges are not kept in repair.
under their hands and seals, or under the hands and seals of two of them, whether the said road so complained of be in such a state as the law requires it to be kept; and if the report be unfavorable to the said road, the said judge shall immediately, under his hand and seal, order the keeper of the gates or turnpikes to keep the same open until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge, refuse to open the said gate or turnpike, and exact toll of travellers, he shall, ..for each offence, forfeit and pay the sum of twenty dollars, to be sued for by any person who will prosecute for the same in an action of debt, with costs of suit, and the judge shall be allowed for his services fifty cents, and the persons ap
pointed one dollar, each, to be paid by the company; and
When gates may be erected.
Corporation may use public road.
it shall be the duty of the persons so appointed, or a ma-
jority of them, on application from the said company, again
to view the said road or bridge, and report as aforesaid to
the said judge, who shall, if authorized by the report of
the said persons, or any two of them, by license, under his
hand and seal, directed to the toll-gatherer, permit the gates
or turnpikes to be shut, and the toll to be collected as
before, and the said fees shall be allowed and paid as before
directed; but if on the first view, as before mentioned, the
report of the persons appointed or a majority of them, shall
be in favor of the company, the same fee shall be allowed
as before prescribed and paid by the person or persons
making the complaint.
19. And be it enacted, That whenever the said company
shall have completed any two consecutive miles of the said
road, according to the directions and true intent and mean-
ing of this act, it shall be lawful for the said company to
erect a toll-gate across said road, and demand and receive
toll for travelling thereon agreeably to the foregoing rules.
20. And be it enacted, That the said corporation may use
any portion of the public roads on the route above named,
by and with the consent of two-thirds of all the landholders
along or on the route of said road; and if the owners of
such lands refuse their consent, then and in that case, such road or roads shall be first vacated according to law.
21. And be it enacted, That if the said road be not com- o: menced within three years, and completed within six years on from the passage of this act, that then and in that case this act shall be void; and the said corporation shall possess the several powers, and be subject to the restrictions and liabilities contained in the act entitled “An act concerning corporations.”
AN ACT to incorporate The Orange and Newark Horse Car Railroad
1. BE IT ENACTED by the Senate and General Assembly of *:::::::. the State of New Jersey, That William Pierson, Benjamin F. Barrett, James Tripple, James R. Gilmore, Lowell Mason, jr., Ira M. Harrison, Nehemiah Perry, Martin R. Dennis, and John C. Dernman, and such other persons as may here. after be associated with them, shall be, and they are hereby ordained, constituted, and made a body politic and corporate, in fact and in law, by the name of “The Orange and Newark Horse Car Railroad Company,” and shall be capable of purchasing, holding, and conveying any lands, tene
Commissioners to receive subscriptions.
ments, goods, and chattels whatsoever, necessary or expe-
dient for the objects of this corporation.
2. And be it enacted, That the amount of capital stock
of said company shall be one hundred thousand dollars,
with the privilege of increasing the same to three hundred
thousand dollars, and shall be divided into shares of fifty
dollars each, which shall be deemed personal property, and
transferable in such manner as the said corporation shall by
their by-laws direct.
3. And be it enacted, That the above named persons, or
a majority of them, shall be commissioners to open books,
to receive subscriptions to the capital stock of said company,
at such time or times, and place or places, as they or a
majority of them may think proper, giving at least twenty
days' notice of the same in two of the newspapers pub-
lished in the county of Essex, and if more than one hun-
dred thousand dollars of stock be subscribed, it shall be
the duty of the said commissioners to make a fair and just
apportionment of the stock among the subscribers in such
manner as they may think best calculated to secure the
speedy construction of said road.
4. And be it enacted, That at the time of subscribing for
said stock ten per centum shall be paid upon the amount
subscribed for, to the commissioners or some one of them,
and as soon as the sum of twenty-five thousand dollars of
the capital stock is subscribed for, the said company shall
be organized by the said commissioners, who shall be the
first directors of said company, and continue as such direct-
ors until such time in the year eighteen hundred and sixty
as the said company, by their by-laws, may appoint for the
annual election of directors; and the said directors, as soon
as may be convenient after said sum is subscribed, and the
directors chosen at every annual election of said company,
shall choose out of their own number a president, who
shall be a resident of this state; and in case of the death,
resignation, or removal of the president, or any director,
such vacancy or vacancies may be filled for the remainder
of the year in which they may happen, by a majority of