Page images

... 17. And be it enacted, That all the drivers of carriages, *se. sleighs or sleds of every kind or 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 said road free and clear for other carriages, sleighs 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. Proceeding 18. And be it enacted, That if the said company shall not

[ocr errors]

to keep the said road and bridges in repair, and complaint **P*. thereof shall be made to any judge of the court of common pleas of the county of Monmouth, he shall immediately appoint, by writing, three disinterested freeholders of said county, who shall view said road, and report in writing under their hands and seals, or under the hands and seals of two of them, whether the said road so complained of 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, under his hand and seal, order the keeper of the gates or turnpikes to keep the same open until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge, refuse to open the said gate or turnpike, and exact toll of travellers, he shall, for each offence, forfeit and pay the sum of 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 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 the said company, again to view the said road or bridge, and report as aforesaid 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 or turnpikes to be shut, and the
toll to be collected as before, and the said fees shall be
allowed and paid as before directed; but if on the first
view, as before mentioned, the report of the persons ap-
pointed, or a majority of them, shall be in favor of the
company, the same fee shall be allowed as before prescribed
and paid by the person or persons making the complaint.
19. And be it enacted, That whenever the said company
shall have completed any two consecutive miles of the said
road, according to the directions and true intent and mean-
ing of this act, it shall be lawful for the said company to
erect a toll-gate across said road, and demand and receive
toll for travelling thereon agreeably to the foregoing rules.
20. And be it enacted, That the said corporation may use
any portion of the public roads on the route above named
by and with the consent of two-thirds of all the land-
holders along or on the route of said road; and if the
owners of such lands shall refuse their consent, then and
in that case, such road or roads shall be first vacated
according to law.
21. And be it enacted, That if the said road be not com-
menced within three years, and completed within six years
from the passage of this act, that then and in that case this
act shall be void; and the said corporation shall possess
the several powers, and be subject to the restrictions and
liabilities contained in the act entitled “An act concerning
Approved March 9, 1859.


When gates may be erected.

Corporation may use public roads.

Commencement and completion of road.

Names of corporators.

Society may make bylaws.


Corporation may hold real estate,


Property not to be taxed.


[ocr errors][merged small]

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Daniel Van Winkle, Enoch Brinkerhoff, Andrew C. Cadmus, Cornelius A. Wortendyke, Abraham H. Hopper, Garret S. Demarest, Isaac D. Demarest, Thomas H. Herring and Thomas Voorhies, of the county of Bergen, and their associates and successors, shall be, and they are hereby constituted a body politic and corporate, by the name of “the Bergen County Agricultural Society.”

2. And be it enacted, That the said society shall from time to time have power to make, alter, ordain and establish such constitution, by-laws and regulations as they shall judge proper, for the designation of the officers of said society, the election of the same, for prescribing their respective functions, and the mode of discharging the same, and for the transacting, managing and directing the affairs of the society; provided, such constitution, by-laws and regulations shall not be repugnant to the constitution and laws of this state, or the United States.

3. And be it enacted, That the said corporation may purchase, use, hold, possess and enjoy such real estate as shall be necessary to promote the objects of the society; provided, that such real estate shall at no time exceed in value the sum of ten thousand dollars; and whenever it shall see fit, the said corporation may sell, mortgage, lease and otherwise dispose of the same at pleasure.

4. And be it enacted, That all land or other property which may hereafter be owned by said society, and used for the purpose of promoting the objects of said society, shall not be liable to have any taxes assessed and levied upon it for any purpose whatever; provided, that such personal estate shall not exceed in value the sum of five thousand dollars.

Approved March 9, 1859.

[ocr errors]

AN Act authorizing the release of the right of the state to the lands and real estate late of Jacob Emmans, deceased.

WHEREAs, on the twelfth day of March last past, a writ of Preamble.

inquisition was issued out of the court of chancery of the state of New Jersey, in the matter of the escheat of the real estate of Jacob Emmans, deceased (in said writ called Jacob Wortman), situate in the township of Chester, in the county of Morris, in this state, and it appears by return made to said writ of inquisition now on file in the office of the clerk of chancery, that the said Jacob Emmans, at the time of his death, was seized in fee simple of and in an equal undivided one-third part of the three several tracts of land and premises in said return particularly described, the first whereof contains two hundred and one acres and seventeen-hundredths, strict measure, and the second whereof contains two hundred and forty-nine acres and forty-four-hundredths of an acre, strict measure, and the third whereof contains one hundred and fifty acres and ninety-five-hundredths of an acre; and that the said Jacob Emmans died in the month of March, eighteen hundred and forty-two, and that he made no devise of said lands, and that he did not leave any lawful heir; AND where.As, Joseph Fmmans and Elizabeth Emmans, wife of Edwin Emmans, brother and sister of Jacob Emmans, deceased (in said inquisition called Jacob Wortman), and those claiming under them, have improved and for a long time past occupied, and still do occupy, the said lands; AND where.As, it is deemed equitable and just that the brother and sister of said deceased, and those lawfully claiming under them, should have the lands whereof said deceased died seized; therefore, 1. BE IT ENACTED by the Senate and General Assembly of Attorney.

[ocr errors]

the State of New Jersey, That the attorney general, upon oced

of release.



Public act,

the payment to him of the fees, expenses, and costs incurred by the proceedings on the said writ of inquisition, do discontinue all further proceedings in relation to the escheat of the said lands of said Jacob Emmans (in said writ called Jacob Wortman), deceased, and in the name of the state do make, execute, and deliver a deed of release for the lands described in said return to the said Joseph Emmans and Elizabeth Emmans, wife of Edwin Emmans, their heirs and assigns, therein and thereby releasing to them, and each and every of them, all the right, claim, and interest which the state of New Jersey now hath, or at any time hereafter may have, of in, and to the said tracts of land; provided, however, that nothing in this act contained shall in any manner interfere with the lawful claims of any person whatsoever to the said lands and premises, other than those claiming or to claim under the state of New Jersey; and provided further, that if the said Joseph Emmans and Elizabeth Emmans (now the wife of Edwin Emmans), or either of them, has or have by any valid conveyance or conveyances aliened or conveyed the said lands or any part thereof to any person or persons whatsoever, nothing in this act contained shall be taken or construed to impeach or impair the title of their grantee or grantees or any person or persons lawfully claiming under them, but in such case the said deed of release shall enure to the use, benefit, and advantage of such grantee or grantees, their heirs or assigns, or any person or persons lawfully claiming under them, according to their respective interests in said lands, to the same extent, and in the same manner, as if he, she,

•or they had been named therein as party or parties of the

second part.
2. And be it enacted, That this act shall be deemed and
taken to be a public act, and shall go into effect imme-
Approved March 9, 1859.

« PreviousContinue »