Rates of toll. the clerk thereof, subject to the orders of said court, for the use of said owners. 9. And be it enacted, That as soon as the said company shall have constructed the aforesaid turnpike road from the city of Burlington to Mount Holly, according to the directions of this act, and the true intent and meaning thereof, it shall and may be lawful for the said company to erect all necessary gates or turnpikes across the same, and demand and receive toll for traveling over each and every mile of said road, and for every fraction of a mile over half a mile, 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. five mills. Provise. Mile stones or posts to be erected. For every dozen horses, mules or cattle, two cents. And in the same proportion for a greater or less number, and it shall and may be lawful for toll-gatherers or their agents to stop all persons riding, leading, or driving any horses, mules or cattle, sheep, calves 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 act shall be construed so as to entitle said company to erect any toll gates in the corporate limits of the city of Burlington, to demand or receive toll of or from any person passing with horses, carriages, sleighs, or sleds carrying persons to and from a funeral, or any person passing to or from one part of his farm on which he resides to another part thereof on the ordinary of said farm, or any other part of his land which is detached therefrom, and in his own occupancy, and not more than one mile distant therefrom. 10. And be it enacted, That before said corporation shall receive toll for travelling on said road, they shall cause mile stones or durable posts to be erected and maintained at the end of every mile, and each shall be legibly marked the distance it is from Burlington, and shall cause to be fixed at the gates or turnpikes aforesaid, in some conspicuous place, a plainly printed list of rates of toll which may be lawfully demanded; also a board, on which shall be printed in large letters, "Keep to the right as the law directs." obstructing 11. And be it enacted, That all drivers of carriages, wa- Penalty for gons, sleighs or sleds, of every kind and description, whether passage. of burthen or pleasure, or persons on horseback, using the said road, when met by another carriage, wagon, sleigh or sled of any kind or description, or persons on horseback, shall each keep to the right in the passing direction; and also, when any carriage, wagon, sleigh or sled of any kind. or description, whether of burthen or pleasure, or persons on horseback, shall be overtaken by another carriage, wagon, sleigh or sled, of any kind or description, or by persons on horseback coming up from behind, the said foremost of whatever kind it may be, shall also keep to the right, so as to always and in both cases allow a free, clear and unobstructed passage by either way, at his or her left hand side, 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 passing, and will sue for the same, with costs of suit, and shall also be subject to an action for damages for every such offence, to be recovered with costs of suit. injuring works 12. And be it enacted, That if any person shall wilfully Penalty for break, throw down or deface any of the mile marks so 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, turnpikes, or any other appurtenance of said road 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 ten dollars, besides. being subject to an action for damages for every such offence, 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 or her carriage, team or horses, turn out of said road to pass a gate or gates, upon private grounds adjacent thereto, and enter on the road again, with evident intent to avoid the toll due by Penalty for taking illegal toll. Proceedings in case read are not kept in repair. virtue of this act, such person or persons shall forfeit and 13. And be it enacted, That if any toll-gatherer shall 14. And be it enacied, That if the said company shall not and bridges keep the said turnpike road and bridges, which hereafter may be erected thereon, in good repair, and complaint thereof in writing shall be made by three responsible persons of the county of Burlington, to a judge of the court of common pleas of said county, who may be disinterested, the said judge shall then forthwith, give notice to the president of said company, or the keeper of the nearest gate or turnpike to the cause of complaint, setting forth the nature thereof, and that if the cause of complaint, if any, be not removed within three days after such notice is served, or the gate or gates thrown open and free of toll, he will then appoint in writing under his hand and seal, three reputable, discreet and disinterested persons, not of the township or townships where the cause of complaint arose, which three persons or a majority of them, on due notice to be given to the president or the keeper of the said nearest gate or turnpike, at least three days beforehand, shall meet at such time and place as the judge may appoint, and having taken an oath to act impartially, shall proceed to view and examine the said turnpike road or bridge so complained of, and they, or a majority of them, shall report to the said judge in writing, under their hands and seal, whether it be in such a state as the law requires it to be kept, and if the report be unfavorable to the turnpike road or bridge, the said judge shall immediately in writing under his hand and seal, order the keeper of said gate or turnpike to keep open the same until otherwise ordered, and if the said keeper shall, notwithstanding the order of said judge to open the said gate or turnpike, exact toll of travelers, he shall, for every such 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 one dollar, and the persons appointed one dollar each, to be paid by the company, unless said report be in favor of the road, and also that there was not sufficient cause for said complaint, in which case it shall be borne by the complainants, and upon due proof being made before the said judge, by the company or their agents, that said company have repaired said road or bridge in the particulars complained of, said judge shall forthwith by license, and under his hand and seal, directed to the toll-gatherer aforesaid, 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. be construct lic highway is 15. And be it enacted, That nothing in this act shall be Road not to construed to affect the title of the owners to the lands over ed until pubwhich said road may pass, or from whence materials may vacated. have been taken for its construction, and the said company shall not construct said turnpike road until the public road now running from Burlington to Mount Holly be first vacated according to law, and if the turnpike road be not commenced within three years from the passage of this act, and shall not be completed from Burlington city to Mount Holly as aforesaid, within five years from the passage of this act, their charter shall be null and void; and after defraying all the expenses that may have been incurred, the residue of the money paid in shall be divided among the subscribers: and their respective representatives, in proportion severally paid by them. Approved March 18, 1857. Trustees authorized to raise money by tax. CHAPTER LXXVIII. AN ACT supplemental to the charter of the First Presbyterian Church in Elizabethtown. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the trustees of the First Presbyterian Church in Elizabethtown bc, and they are hereby authorized and empowered to assess such sums of money as a tax, or rent, upon the pews of their church, as may be necessary to defray the annual current expenses of the congregation, to be made payable in such manner as the said trustees, by their by-laws, may direct; and in default of the payment of the said tax, or rent, so assessed as aforesaid, for the space of one year, the said pew or pews may be sold for the shortest period of time practicable, under the direction of the said trustees, to pay all arrears due thereon. Approved March 18, 1857. Firemen ex empt from tia duty. CHAPTER LXXIX. A SUPPLEMENT to an act entitled "An act to incorporate the city of Hudson, in the county of Hudson," approved April eleventh, eighteen hundred and fifty-five. 1. BE IT ENACTED by the Senate and General Assembly of jury and mili- the State of New Jersey, That every person who shall have been a fireman in the city of Hudson for a year previous to January first, eighteen hundred and fifty-seven, and who shall serve as. such for six years thereafter, and every person |