not dissolved to elect on scribed. of road. 7. And be it enacted, That in case it should happen that an Corporation election of directors should not be made on the day or at the for failure time when, pursuant to this act, it ought to be made, the said day precorporation shall not, for that cause, be deemed to be dissolved, but such election may be held at any other time, and the directors for the time being shall continue to hold their offices until new ones shall have been chosen in their places. 8. And be it enacted, That the said president and directors Description of the said company are hereby authorized and invested. with all the rights and powers necessary and expedient to construct a plank or a graveled or macadamized road, or a road partly planked and partly graveled or macadamized, commencing at some point in the third ward of the city of Newark, and terminating in Elizabeth, at or near the crossings of the New Jersey Railroad and Transportation Company and the Central Railroad; said road to be not less than eighteen feet in width, continuous, or two tracks of nine feet wide each, so as to present a smooth and even surface, and secure a good, smooth and sufficient road at all seasons of the year, and in no case to rise above an angle of ten degrees with the plane of the horizon; and the said company shall construct and keep in repair, good and sufficient bridges along the line of said road, not less than twenty feet in width; and whenever the said road, in passing over low ground, shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected and maintained on the sides; provided always, that no steam power shall be used on Proviso. the said road, nor iron rails or other obstructions to common travel placed thereon. 9. And be it enacted, That it shall and may be lawful for the said president and directors, their agents, engineers, superintendents or others in their employ, to enter at all times upon all lands or water, for the purpose of exploring, surveying, leveling or laying out the route or routes of such , road, and of locating the same, doing no unnecessary injury to private property; and when the route of such road shall have been agreed upon, and filed in the office of the secretary of this state, then it shall be lawful for the said com Directors &c. authorized to enter on lands &c. Proviso. Proceedings in case company and owners can not agree. pany, by its officers, agents, engineers, superintendents, contractors, workmen, and other persons in their employ, to enter upon, take possession of, hold, have, use, occupy and excavate any such lands, and to erect embankments, bridges, and all other works necessary to construct said road, and to do all other things which shall be suitable or necessary to carry into full effect the objects of this charter; provided always, that the said corporation shall pay or make tender of payment for all damages for the occupancy of the lands through which the said road may be laid out, before the said company, or any person in their employ, shall enter upon or break ground in the premises, except for the purpose of surveying said route, unless the consent in writing of the owner or owners of such lands be first had and obtained. 10. And be it enacted, That if the owners of the land on which such road shall be located shall not be willing to give the same for such purpose, 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, who is disinterested in the premises, upon the application of either party, and after ten days' notice in writing to the opposite party, of such application, and after hearing the parties, to appoint three disinterested commissioners, freeholders of this state, to assess the price or value of such land and all damages sustained, who shall be sworn faithfully to execute the duties of such appointment; 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, together with a description of said land, and the quantity taken, by whom owned, and how situate, bounded and described, in writing, under their hands and seals, or the hands and seals of a majority of them, to the justice who appointed them, to be by him returned and filed, together with all papers before him relating thereto, in the clerk's office of the county in which said land lies, there to be recorded and kept as a public record, and copies 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 in which said land lies, at the first term after such decision of the commissioners, by proceeding in the form of petition to the said court, with five days' notice in writing to the opposite party of such appeal; which proceedings shall vest in the said circuit 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 the said land and all damages sustained, and for that purpose to view the land in question, if required by either party so to do; and if the said jury be demanded by the company, and they shall find a greater sum than the said commissioners, then judgment shall be given, with costs, against said company, and execution issue, if need be; but if the said jury shall be demanded by the owner or owners, and shall find the same or a less sum than the commissioners awarded, then the costs shall be paid by the owner or owners, and shall be deducted out of the said sum so awarded, or execution issued therefor, as the court shall direct; and upon payment or tender of the sum so found by the commissioners, or by the jury, with costs, if any, the said corporation shall be deemed to be seized and possessed in fee simple of all such lands and real estate so appraised as aforesaid. 11. And be it enacted, That in case any owner or owners of such land or real estate shall be feme covert, under age, non compos, 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 corporation to pay the amount of any award or report, so made in behalf of any such persons, or the amount found by a jury, into the court of chancery, to the clerk thereof, subject to the order of the said court, for the use of the said owner or owners; all which proceedings, as well under this as the last section of this act, shall be at the proper costs and charges of the said corporation, except in cases of appeal, above provided for; and the said justice shall and may Proceedings illegal in in case of capacity of owners. direct the amount of costs and charges of such valuation, appraisement and witness fee. Rates of toll. 12. And be it enacted, That the said company may erect Proviso. Proviso. Proviso. gates across the said road, and demand and receive tolls for 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, two cents; cent; For every additional beast, one cent; For every horse and rider, or led horse or mule, one For every dozen of calves, sheep or hogs, and so in proportion for a greater or less number, three cents; For every dozen of horses, mules or cattle, six cents; And that it 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 burden or pleasure, from passing through the said gates until they shall have paid the toll as above specified; provided, 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 horses or carriages, sleighs or sleds carrying persons to or from a funeral, or any militiaman passing to or from any training on muster day appointed by law, or any military officer or soldier passing or re-passing when called to do duty by the laws of this state or of the United States; provided, that so soon as the said company shall have completed one track of said road from its commencement in the city of Newark to the road crossing from the public highway leading from Newark to Elizabeth to the railroad near the Essex and Middlesex turnpike gate, it shall be lawful to erect a gate therein, and demand and receive for that portion of the road the tolls allowed by this act; and said company shall have the like right to erect gates and demand and receive tolls for the whole length of said road, whenever one track is completed; and provided also, that if any part of said road shall be constructed over a public highway, no gate shall be erected on such highway. be erected. 13. And be it enacted, That when said road is completed, Milestones to the said company 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 said stone or post is from the point of the commencement of said road, in Newark; and shall cause to be affixed and always kept up at the gates aforesaid, in some conspicuous place, a 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;" and it shall be lawful for this company to make arrangements with the Newark Plank Road and Ferry Company for facilitating and continuing the public travel of their respective roads, and shall for such purpose have power to purchase any capital stock of the said plank road. and ferry, and to hold the same as stockholders therein. injuring 14. And be it enacted, That if any person shall wilfully Penalty for break, throw down or deface any of the mile stones so works. 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 or bridges or other appurtenances of said road, or shall forcibly pass any gate of said company without having paid the legal toll, such persons shall forfeit and pay the sum of twenty dollars, besides being subject to an action of 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, with his carriage, team or horse, shall turn out of the said road to avoid a gate or gates, and again enter thereon, so as to evade the toll payable 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 said gate, to be recovered by the said company, for the use thereof, in an action of debt, with costs of suit. illegal tolls. 15. And be it enacted, That if any toll-gatherer shall un- Penalty for necessarily delay or hinder any person passing at any of the gates, or shall receive more toll than is by this act established, he shall, for every such offence, forfeit and pay the |