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Proceedings in case company and owners cannot agree.
proving said road or roads as aforesaid, doing no unnecessary damage to said land; provided, that before the said company shall construct the said turnpike road or roads as aforesaid, they shall pay to the respective owners of the lands over which the same may pass, all the damages which the said owners will sustain by reason of the construction of said turnpike road or roads; and in case the said company and the said owners cannot agree upon the amount of said damages, then the said damages shall be ascertained and determined, as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damage which any land owner or owners may sustain by the taking of stone or gravel from his or her lands for the construction or maintaining of said turnpike road or roads.
7. And be it enacted, That it shall and may be lawful for the said company, their agents, superintendents, engineers and workmen, and other persons by them employed, with carts, wagons, and other carriages, and with beasts of burthen and draft, and all necessary materials, tools and implements, to enter upon all lands contiguous or near to the said road or roads, doing no unnecessary damage thereto, and to make all such ditches and under-drains across and through such lands as may be necessary for properly draining said road or roads, and to take and carry away any stone, sand, gravel, or clay therefrom, suitable for constructing and maintaining said road or roads as aforesaid; provided always, that the said company shall pay, or make tender of payment, for all damages for the occupancy of the lands and the materials to be taken by said company, their agents or workmen, before the said company, or any person in their employ, shall enter or break ground in the premises (except for the purpose of surveying said route), unless the consent of the owner or owners of such lands, or their legal representatives, be first had and ob. tained, and if the owners of the land or materials as afore. said shall not be willing to give the same for such purposes and the said company and owners 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 Camden, who is disinterested in the premises, upon application by either party, and after ten days' notice, in writing, to the opposite party of such application, to appoint three disinterested commissioners, freeholders of the county in which the land lies, to ascertain 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 upon the duties of their appointment, take an oath or affirmation faithfully and impartially to execute the duties thereof; and after ten days' notice, in writing, to both parties, of the time and place, shall meet, view the premises, and hear the parties and evidence, if desired, and thereupon make such decision and award as to them shall appear just and proper, 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 said county of Camden, to be by him filed as a public record, and certified copies thereof may be taken, if required, by either party; and if either party shall feel aggrieved by the decision of such commissioners, the party so aggrieved may appeal to the circuit court of the county of Camden, at the first term to be held after such decision, by proceeding in the form of petition to the said court, giving at least five days' notice, in writing, to the opposite party of such appeal, which appeal shall vest in the said court full right and power to hear and adjudge the same, and if required, they shall award a venire in the common form for a jury before them, who shall hear and finally determine the same; and it shall be the duty of the said jury to assess the value of said materials and all damages sustained, and, for that purpose, to view the premises in question, if required by either party so to do; and if the said appeal shall be made by the company, and the said court or jury shall award or find the same or a greater sum than the said commissioners, then judgment shall be given, with costs of suit, against said company, and execution issued, if need be, for the
trates of toll.
same; but if the said appeal be made by the owner or owners of the land, and the court or jury shall not award or find the same, or a greater sum than was awarded by the commissioners, then the costs shall be paid by the owner or owners, and shall be deducted out of the sum so awarded, or execution may issue therefor, as the court may direct; and upon payment, or tender of the sum so found or awarded, with costs, if any, the said company may enter upon and remove all such earth and other materials as have been so valued and appraised aforesaid; and in case any owner or owners of such land or materials shall be feme covert, under age, non compos mentis, out of the state, or under any other legal disability which would prevent their agreement with the said company, then it shall be the duty of the said company to pay the amount of any award or report, so made in behalf of any such persons, into the circuit court of the county of Camden, or to the clerk thereof, subject to the orders of said court, for the use of the said owners, all which proceedings shall be at the proper costs and charges of the said company, except in cases of appeal, as above provided for. 8. And be it enacted, That as soon as the said company shall have constructed the said turnpike roads or either of them, according to the directions, true intent, and meaning of this act, it shall and may be lawful for said company to erect gates or turnpikes across the same, and to demand and receive toll for travelling each mile of 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 of calves, sheep, or hogs, five mills. For every dozen of horses, mules, or cattle, two cents. And it shall and may 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 above specified; pro.
Rates of toll to be posted up.
Penalty for injuring works.
Penalty for taking illegal tolls.
Penalty for obstructing passage.
in case road and bridges
are not kept in repair.
to be recovered by the said company, for the use thereof, in an action of debt with costs of suit. 11. And be it enacted, That if any toll-gatherer shall unnecessarily 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 unnecessarily hindered or defrauded. 12. And be it enacted, That all drivers of carriages, sleighs, or sleds, of every kind and description, whether of burthen or pleasure, or persons on horseback, using the said road or roads, shall keep their horses, carriages, sleighs, or sleds on the right hand of said road or roads, in the passing direction, leaving the other side of the same free and clear for 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 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. 13. And be it enacted, That if the said company shall not keep the said turnpike road or roads, and bridges, which now or may hereafter be erected thereon, in repair, and complaint thereof shall be made to any judge of the court of common pleas of the county of Camden, who may be disinterested, the said judge shall immediately appoint, by writing, under his hand and seal, three of the township committee of the township wherein the cause of complaint arose, or if it be on the line of any two townships, either of said townships, which three persons, being disinterested in the said turnpike road or roads, or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said judge may appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine the said turnpike road or roads, or bridge so complained