the same for twenty days after demand made of their treasurer, and shall constitute a lien upon the property of the company, in the nature of a mortgage; and the said justice shall tax and allow such costs, fees and expenses to the justice. commissioners, clerks and other persons performing any of the duties prescribed in this section, as he shall think equitable and right, which shall, in all cases, be paid by the said com pany. and receive 14. And be it enacted, That as soon as the said company May demand shall have constructed said road in a workmanlike manner, toils. according to the several instructions in the twelfth 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, not exceeding six in number, and to demand and receive toll for traveling each mile and all fractions over half 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 horse and rider or led horse or mule, one cent; five mills; one cent; four cents; and it shall and may be lawful for the toll-gatherers to stop persons riding, leading or driving any horses, mules or 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; provided, that nothing in this Proviso. act shall be so construed, 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 passing 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 training on a muster day appointed by law, or any other military officer or soldier passing, or repassing, when called to do duty by the laws of the state or of the United States. 15. And be it enacted, That before the said company shall receive toll for travelling said road, they shall cause mile-stones or posts to be erected and maintained, one for each and every mile on said road, and on each stone or post shall be fairly and legibly marked the distance the stone or post is from Spotswood; and shall cause to be fixed and always to be kept up at the gates or turnpikes aforesaid, in a conspicuous place, a printed list of the rates of toll which may be lawfully de Must erect mile stones and put un rates of toll. Juring mile &c., and for manded, and also a board, on which shall be painted, in large letters, "keep to the right, as the law directs." Penalty for in- 16. And be it enacted, That if any person wilfully breaks stones or posts down or throws down or deface any of the mile-stones or forcibly pass posts so erected on the said road, or wilfully tear down and ing toll gates. deface any of the printed rates of toll or directions, or shall Penalty for hindering travel. Penalty for neglecting to turn to the right. Proceedings when road is 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 gate or gates without having paid the legal toll at such gates or turnpikes, such person or persons shall forfeit and pay the sum of twenty dollars, besides being subject to an action for damages for the same, to be recovered by said company by action of debt, or other proper action, in any court of competent jurisdiction, with costs of suit; and if any person, in his or her carriage, team or horse, turn off the said road to pass a gate or gates, again enter on the said road, with intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five dollars, to be recovered by said company, for the use thereof, in an action of debt, with costs of suit. 17. And be it enactea. That if any toll-gatherer shall unnecessarily delay or hinder any traveller passing at any gate or gates, or shall receive more toll than is by this act established, the said company 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 or persons so unreasonably hindered or defrauded. 18. 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, shall keep their horses, carriages, sleighs or sleds on the right hand of said road, in the passing direction, leaving the other side of the road free and clear for carriages or persons on horseback; 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. 19. And be it enacted. That if the said company shall not not kept in re- keep the said road and bridges in repair, and complaint thereof shall be made to any justice of the peace of the said county of Middlesex, who may be disinterested, the said jus pair. tice shall immediately appoint, by writing, under his hand and seal, three of the town committee of the township wherein the cause of complaint arose, or if it be on the line of any two townships, of either of said townships, which three persons being disinterested in said road, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said justice may appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine the said road so complained of, and to report to the said justice in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such state as the laws require it to be kept, and if the report be unfavorable to the said road, the said justice shall immediately, in writing, under his hand and seal, order the keeper of the said gate or turnpike to keep the same open until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said justice to open the said gate or turnpike, exact toll of travelers, the said company shall, for each offence, forfeit and pay 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 justice 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 of said company, again to view the said road and report, as aforesaid, their opinion to the said justice, 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 the same fees shall be allowed and paid as before directed; but if on the first view, as before mentioned, the report of the persons appointed shall be in favor of the company, the same fees shall be allowed as before prescribed, and paid by the person or persons making the complaint; and in case the township committee aforesaid are not disinterested, then the said justice shall appoint, in the same manner as before prescribed, one or more respectable freeholders in the township or townships, who may be disinterested, to serve in the place and stead of any member or members of the township committee so disqualified. 20. And be it enacted, That if the said road is not com- Limitation. menced within three and completed within five years from the When lawful to erect a toll gate. passage of this act, then and in that case this act shall be void. 21. And be it enacted, That when the said company shall have completed two consecutive miles of said road, according to the directions and meaning of this act, it shall be lawful for the said company to erect a toll gate across the said road and demand and receive toll for traveling thereon, agreeable to the foregoing rates. 22. And be it enacted, That this act shall take effect immediately. Approved April 9, 1868. Preamble. Commission. and regulate road. CHAPTER CCCXCII. An Act to improve Bergen Wood Road in Hudson county. WHEREAS, Bergen Wood road in the county of Hudson belongs in part to the town of Union, the township of North Bergen, and the township of Union, and difficulties arise in the regulation and improvement of the same, owing to the multiplicity of authorities in the matter; and whereas, said road is much in need of repairs, and owners of lands on the line thereof are desirous of improving and regulating the same; therefore 1. BE IT ENACTED by the Senate and General Assembly of ers to Improve the State of New Jersey, That the power to improve and regulate said road be vested in three commissioners hereinafter named, and that said commissioners be, and the same are hereby empowered to grade, widen and repair said road pursuant to provisions which follow; and provided, said road shall not be made in width less than fifty, nor more than sixty feet in any part thereof. Proviso. Grades. 2. And be it enacted, That the grades to be regulated shall conform to the grades already legally established, and where not established and fixed, the same may be established by and with the aid and coöperation of the township committees of the townships adjoining said road. 3. And be it enacted, That for the purpose of said improve separated into sections. ment, said road shall be separated into three sections, the Road to be first section to extend from the northerly side of the Bergen turnpike, at Cox's Corners, to the Union town line on the north; the second section from said Union town line to the northerly line of the township of Union; and the third section from the last-named northerly line to the northerly line of Hudson county. commission ers. 4. And be it enacted, That the commissioners hereinafter Powers of named shall have power to enter upon all such lands as they shall deem it necessary to enter upon, with the necessary attendants and surveyors, for the purpose of executing the powers and performing the duties conferred and enjoined upon them by this act. ers to take an oath. 5. And be it enacted, That the said commissioners, having Commissionfirst taken and subscribed an oath before a justice of the and subscribe peace to regulate and improve said road without favor or impartiality, shall proceed diligently to consider the best plans to be pursued in the furtherance of their object, and the plan when adopted by them shall, together with a schedule of valuations, be submitted to a meeting of the land owners on the line of the road, convened for the purpose; and in case they, or so many of them as represent more than one-half of the value of the property liable to assessment under this act shall approve of the plan and valuations, then the same shall be carried out by said commissioners, and copies of said plan and schedule of valuations shall be filed with the clerk of the town of Union, and with the clerks of the townships interested in said act. tional com to be appoint 6. And be it enacted, That in case any owner of lands shall When addtfeel himself aggrieved by the valuation adjudged in his behalf missioners are of lands taken in widening the said road, the same may be ed. valued by three additional commissioners appointed by the court of common pleas for said Hudson county, which additional commissioners shall take and subscribe an oath before a justice of the peace, that they will well and truly estimate said damages or valuations, whereupon they shall view the premises affected by the proposed valuation, hear, upon reasonable notice given, the parties interested, and enter up their decision, which shall be final, the record of which shall be filed with the clerk of Hudson county. 7. And be it enacted, That the road work called for by said commission shall be given out by proposals for the same, published at least two weeks in one or more of the newspa Road work to be given to the lowest |