Proviso.

and maintaining said road 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 obtained; and if the owners of the land or materials as aforesaid 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 may seem 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 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 not 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 agree'ment 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 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 Rates of toll. 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 the said com

Proviso.

Rates of toll

to be posted up.

Penalty for injuring works.

pany 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-
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 public worship on the
sabbath day, or to or from any mill to which he may
usually resort for the grinding of grain for his family's use,
or horses, carriages, sleighs, or sleds carrying persons to
or from a funeral, or any person passing to or from his
common business on his farm, or any militiaman passing
to or from any training on a muster day appointed by law,
or any other military officer or soldier passing or repass-
ing when called to do duty by the laws of this state or of
the United States.

9. And be it enacted, That the said company shall cause
to be fixed, and always kept up at the gate 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."

10. And be it enacted, That if any person shall wilfully break down or deface any of the mile-stones or posts so erected on the said road or roads for the information of the people travelling the same, 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 persons shall forfeit and pay the sum of twenty dollars, besides being subject to an action of debt, or other proper action, by said company, for the recovery of damages for the same, in any court of competent jurisdiction, with costs of suit; and if any person, with his carriage, team, or horse, shall turn out of said road or roads, to pass a gate or gates, on private grounds adjacent thereto, and again enter thereon, so as 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 have been for passing through the said gates, to be recovered by the said company, for the use thereof, in an action of debt, with costs of suit.

taking ille

11. And be it enacted, That if any toll-gatherer shall un- Penalty for necessarily delay or hinder any traveller, passing at any gal tolls. 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 dol lars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so unnecessarily hindered or defrauded.

obstructing

12. And be it enacted, That all drivers of carriages, sleighs, Penalty for or sleds, of every kind and description, whether of burthen passage. 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.

Proceedings in case road

in repair.

13. And be it enacted, That if the said company shall not and bridges 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 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 of, and report to the said judge, in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such a state as the law requires it to be kept; and if the report be unfavorable to the said turnpike road or roads, the said judge shall immediately, in writing, under his hand and seal, order the keeper of the said gate or turnpike to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge to open the said gate or turnpike, exact toll of travellers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who shall prosecute 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 appointed one dollar each, to be paid by the company; and it shall be the duty of the persons so appointed, or a majority of them, on application from said. company, again to view said turnpike road or roads, or bridge, and report, as aforesaid, their opinion to the said judge, who shall, if authorized by the report of 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