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. in case road are not kept 13. And be it enacted, That if the said company shall not Proceedings keep the said turnpike road, and bridges which now are or and bridges may hereafter be erected thereon, in repair, and complaint in repair. thereof shall be made to any justice of the peace of the county of Cumberland, who may be disinterested, the said justice shall immediately appoint, by writing under his hand and seal, three of the township 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 the said turnpike road, or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said justice shall appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine said turnpike road or bridge so complained of, and 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 a state as the law requires it to be kept; and if the report be unfavorable to the said turnpike road, the said justice shall immediately, in writing under his hand and seal, order the keeper of the gate or turnpikes to keep open the same until otherwise ordered, and if said keeper shall, notwithstanding the order of the said justice to open the said gate or turnpike, exact toll of travelers, he shall for each offence forfeit and pay twenty dollars, to be sued for by any person who shall prosecute 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 from said company again to view the said turnpike road or bridge, 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, di Road may be made free on cost. rected to the toll-gatherer, permit the gates or turnpikes to 14. And be it enacted, That if the board of chosen freepayment of holders of the county of Cumberland shall desire so to do, they may, by paying to the stockholders the original cost of constructing said turnpike road as aforesaid, make the same free; and that nothing in this act shall be construed to effect the title of the owners to the land on which the said turnpike road passes, or from whence the material for its construction may be taken. Statement of costs to be filed. Township may subscribe for stock. 15. And be it enacted, That before the company hereby incorporated shall be entitled to collect the tolls authorized to be collected by the eighth section of this act, the president thereof shall file, under oath or affirmation, in the office of the clerk of the county of Cumberland, a full and perfect statement of the costs of construction of said road. 16. And be it enacted, That it shall be lawful for the inhabitants of the township of Fairfield, in said county, in their corporate capacity, to subscribe for the capital stock of the said company, to any amount not exceeding the costs of constructing the same within the limits of the said township, the legal voters at the annual town-meeting having first determined the amount to be subscribed; and it shall be further lawful for the amount of said subscription to be assessed, levied, and collected in the same manner as the money ordered to be raised in said township for the use of the roads, is now assessed, levied, and collected. take effect. 17. And be it enacted, That this act shall not take effect Act, when to until the public highways upon which the said turnpike road is authorized to be located and made, are vacated as public highways according to law. powers. 18. And be it enacted, That the said corporation shall General possess 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 is applicable. Approved March 6, 1858. CHAPTER XCVIII. AN ACT to authorize certain streets, marked out on a plan of the city of WHEREAS, on a plan of the city of Hoboken, filed in Ber- Preamble. gen county clerk's office, on the eighth day of April, eighteen hundred and five, and by which sales of lots have been made, a part of the land north of Sixth street and east of Hudson street, were laid out in lots, and streets were marked only on said plan, and without any actual survey or laying out upon the ground; AND WHEREAS, the said lands are elevated at a great height above the grade of the other streets of the city, and consist of solid rock, and the streets, as plotted on said plan, Parts of certain streets vacated. New streets to be laid out. can never be opened and graded to any proper city grade, except at a cost that will exceed the value of the lots when graded, and thus destroy the value of the land; AND WHEREAS, other streets can be planned and laid over said lands, more adapted to the natural grade of the surface, that will greatly add to the value of the said lands; AND WHEREAS, no streets have been opened or lots sold in said part of said lands, and no individual has acquired any right in said lands, except the owners of the same, but it is suggested that, by reason of the filing of said map and the sales thereby, that the public may have acquired a claim to call for the opening of said streets, and Edwin A. Stevens and the other owners of said lands, have applied for a law annulling any right that might exist in the public or any body or person whatever, to require said streets to be opened, and authorizing them to lay out other streets, to be laid out in the place of the same, and it appearing that such change will be beneficial to the public and all parties interested; therefore 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That all that part of the street marked out on the said plan of the city of Hoboken, next east of Hudson street and parallel thereto, and north of Seventh street, and all that part of the Second street, east of Hudson street, and parallel thereto, and north of Sixth street, and all that part of Seventh street, east of the street next east of Hudson street, and all that part of Eighth street east of Hudson street, are hereby vacated and made void; and it shall not be lawful for any public or municipal authorities, or any person whatever, to open or use the same as public streets; and the lands shall be held by the owners of the fee, free from any easement or right of a street or road over the same. 2. And be it enacted, That the owners of the lands across and over which said streets are laid out, are hereby authorized and required to lay out, in lieu of said streets so vacated, on said lands, and on the lands north of and adja cent thereto, other streets, in such manner as shall be, in their judgment, most beneficial to the public interest, said new streets to contain as many superficial feet of land as those do that are hereby declared vacant and void, and to file a plan or map, designating such new streets, in the office of the clerk of the county of Hudson, before the first day of January next; and the filing of such map. shall be an agreement to dedicate such new streets, so laid out thereon, to public use; and they shall be public streets, whenever the opening of the same may be called for by the proper municipal authorities of the city of Hoboken. Approved March 6, 1858. CHAPTER XCIX. AN ACT to vest in the trustees of School District No. I., in the town of Bergen, the lands and tenements known as the Old Academy lot, and to empower them to erect a building thereon, and to raise money for the construction of the same. vested in 1. BE IT ENACTED by the Senate and General Assembly of Property the State of New Jersey, That the property known as the trustees. old academy, consisting of the building and the lot whereon the same stands, in the town of Bergen, in the county of Hudson, is hereby vested in the trustees of school district number one in said town, in trust for the use of said school district. 2. And be it enacted, That the trustees of said district be, and they are authorized to erect a building upon the lot Trustees au thorized to build school house. |