Penalty for obstructing passage.

Proceedings in case road

in repair.

sum of twenty dollars, with costs of suit, to be prosecuted for and recovered by the person so hindered or defrauded.

16. And be it enacted, That all drivers of carriages, sleighs or sleds, 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 other carriages or persons on horseback to pass; and if any person shall offend against this provision, such person or persons shall, beside being liable to make compensation for all damages occasioned thereby, forfeit and pay the sum of five dollars to any person or persons who shall be obstructed in his or her passage, to be recovered by an action of debt, with costs of suit.

17. And be it enacted, That if the said company shall not are not kept 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 Essex, who may be disinterested, the said judge shall immediately appoint, by writing, under his hand and seal, three judicious, discreet and disinterested persons, being freeholders, who, or a majority of whom, (notice in writing being given to the keeper of the nearest gate,) 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 said road 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 road, 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 such order, exact toll of travelers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who shall 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 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 the said company, again to view the said road or bridge, and report as aforesaid, their opinion 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 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, or a majority of them, shall be in favor of the company, the same fees shall be allowed as before prescribed, and paid by the person making the complaint.

Road may be payment of

made free,on

cost.

18. And be it enacted, That the said company may, from time to time, make and declare such dividends from the tolls as they may think proper; and that when the board of chosen freeholders of the county of Essex shall desire so to do, they may, by paying the stockholders the cost of constructing said road as aforesaid, make the same free; and in case the said company shall at any time voluntarily abandon said road, and cause a certificate of such abandonment, under their seal, to be filed in the office of the secretary of state, the same shall thereupon become a public and common highway, and be amended, repaired and kept in order in the same manner as other public highways; and in case the taking of tolls be abandoned on any part of the Essex and Middlesex turnpike road, lying near the road hereby authorized, between Newark and Elizabeth, now impaired for public travel by the railroad tracks being laid thereon, so much of the said turnpike road on which the taking of tolls shall be abandoned, may be discontinued as a public road; provided, Provis for each mile of said turnpike road so discontinued, one thousand dollars of the capital stock of this company be subscribed and paid, in conformity to the provisions of this act, to be applied to the construction of the road hereby authorized.

19. And be it enacted, That the said corporation shall pos- Limitation. sess the several powers, and be subject to the restrictions. and liabilities contained in the act entitled "An act concerning corporations," approved the fourteenth day of

February, one thousand eight hundred and forty-six, so far as the same are applicable, and said corporation shall continue in existence for the space of twenty-five years, unless sooner repealed.

Approved March 14, 1856.

Preamble.

Boundaries

Cove to be occupied.

CHAPTER CLXV.

AN ACT to authorize the planting of oysters on lands covered with water, in Maurice River cove, in the county of Cumberland, and for protecting the same.

WHEREAS, it has been represented to the legislature of the state of New Jersey that the Maurice River cove, on the southern shore of the township of Downe, in the county of Cumberland, is particularly adapted to the growth of oysters, but that by reason of the interference of citizens of other states, and the want of more adequate protection to persons planting oysters therein, the same has become almost valueless, as oyster ground; now for the purpose of encouraging the planting and growth of oysters in said cove, and thus creating and confining at home a source of wealth, which is now either undeveloped or enjoyed by the citizens of other states

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the board of chosen freeholders of the county of Cumberland, be and they are hereby authorized and empowered to occupy Maurice River cove, in said county, within the following boundaries, that is to say: Beginning at low-water mark, directly opposite East Point, in the township of Maurice river, Cumberland coun

ty, and running thence a south course to the main ship channel; thence by a straight line to low-water mark, directly opposite to Egg Island Point, in the township of Downe, in said county, and thence by low-water mark the several courses and distances of the shore bordering on the said cove, and crossing the mouths of the several streams that empty into said cove, to the place of beginning; and that the said board of chosen freeholders of the county of Cumberland, be authorized to possess the said Maurice River cove, for the use, and in the manner hereinafter provided. for, and during the term of twenty years from and after the passage of this act.

made and

2. And be it enacted, That the said board of chosen free- Survey to be holders of the county of Cumberland, be authorized at any filed. stated or special meeting, to appoint one or more persons, who shall hold their office for one year, and until their successors are appointed, whose duty and business it shall be to stake off said cove, according to the aforesaid boundaries; to make a survey and map of the shores and land covered with water, a copy of which shall be filed in the clerk's office of the county of Cumberland, and to lay off, and cause to be marked by stakes, such subdivisions of said cove, not exceeding ten acres each, as in their discretion shall seem best designed to promote the planting and growth of oysters; provided, the navigation of said cove be in no wise ob- Provise. structed thereby; provided, that no person shall own more Proviso. than ten acres, and no company more than thirty acres.

may be

3. And be it enacted, That it shall be lawful for the said Sebdivisions commissioners, after marking and staking off the said cove leased. and land covered with water, and such subdividing the same as aforesaid, to lease and rent out the same, at public vendue, to the highest bidder or bidders, for a period not less than one year or exceeding five years; the said bidder or bidders shall in all cases be citizens of this state, and shall pay the sum bid annually during the term for which the said land covered with water is leased, the payment of which rent shall be secured to the satisfaction of the said commissioners, who are hereby authorized in their own names, or in the name of the survivor, to collect the same for the pur

Penalty for trespassing.

Duties and powers of

ers.

pose hereinafter provided, and upon the payment or securing the payment of said annual rent as aforesaid, such bidder or bidders, his, her or their legal representatives shall be considered and deemed to be entitled to the exclusive use and occupation of the said land covered by water, so designated, during said term, and for the purpose of planting and growing oysters thereon.

4. And be it enacted, That it shall not be lawful for any person or persons whatsoever, other than the lessees aforesaid, and their legal representatives, to plant, gather, take, injure or destroy any oysters, within the aforesaid boundaries, during the said term, without the written permission of the said lessees and their legal representatives first had and obtained; and if any person or persons shall enter within said boundaries without the leave and consent of the lessee thereof, in writing, and injure the same, and commit any trespass thereon, he, she or they, so tresspassing, shall be liable to the party injured, for the first offence, in treble damages, to be recovered in an action of trespass, and for the second offence, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding one hundred dollars, or imprisonment not exceeding sixty days, or both.

5. And be it enacted, That it shall be the duty of the comCommission- missioners appointed as aforesaid, to enforce the penalties and forfeitures incurred by those who are not, and have not been for six months citizens and residents of this state, on entering within the boundaries aforesaid, in their boats or vessels, against the existing laws of this state; and further to collect by suit or otherwise the rents due and to become due from the several lessees of the said oyster ground as aforesaid, and after the payment of their necessary costs. and expenses of discharging the duties imposed upon them by this act, and receiving therefrom such further compensation as the board of freeholders shall agree they ought to have for their personal services, the residue of said money, if any, shall be paid by the said commissioners to the board of chosen freeholders of the said county of Cumberland, to be by them apportioned amongst the several townships of