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Penalty for injuring works.

Penalty for taking illegal tolls.

Penalty for obstructing passage.

and always kept up at the gates or turnpikes aforesaid, in some conspicuous place, a printed 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."

16. And be it enacted, That if any person shall wilfully break down, throw down, or deface any of the mile-stones or posts so erected on the said road, or wilfully tear down and deface any of the printed rates of toll or directions, or shall cut, break down, or destroy, or otherwise injure any gates, turnpikes or bridges 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 twenty dollars, besides being subject to an action for damages for the same, to be recovered by the 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 horse, turn out of the said road to pass a gate or gates, on private grounds adjacent thereto, and again enter on said road with the intent to avoid the toll due 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 gates, to be recovered by the said company, for the use thereof, in an action of debt, with costs of suit.

17. And be it enacted, That if any toll gatherers shall unnecessarily delay or hinder any traveller passing at any of the gates and turnpikes, or shall receive more toll than is by this act established, he shall, for every such offence, forfeit and pay the sum of twenty dollars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably hindered or defrauded.

18. And be it enacted, That all the drivers of carriages, sleighs or sleds, of every kind and description, whether of burden 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 directions, leaving

the other side of the road free and clear for carriages 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.

in case road

are not kept

19. And be it enacted, That if the said company shall not Proceedings keep the said road and bridges in repair, and complaint and bridges thereof shall be made to any justice of the peace of the in repair. said county of Monmouth, 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 said 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 may appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine said road 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 state as the law requires it to be kept, and if the report be unfavorable to the said road, said justice 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 the order of the said justice to open the said gate or turnpike, exact toll of travellers, he shall for each offence, forfeit and pay 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 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 of said company, again to view the said road, and report as aforesaid their opinion to the said justice,

Commence

ment and

of road.

who shall, if authorized by the report of 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 appointed shall be in favor of the company, the same fees shall be allowed as before prescribed, and paid by the persons making the complaint, and in case three of the township committee aforesaid are not disinterested, then the said justice shall appoint, in the same manner above prescribed, one or more respectable freeholders in the township or townships, who may be disinterested, to serve in the place and stead of any member or members of the township committee so disqualified.

20. And be it enacted, That if the said road is not comcompletion menced within three, and completed within five 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 corporations," approved the fourteenth day of February, one thousand eight hundred and forty-six, so far as the same are applicable.

When gates may be

erected.

Corporation may use public roads.

21. And be it enacted, That whenever the said company shall have completed any three consecutive miles of said road, according to the directions and true intent and meaning 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

rates.

22. And be it enacted, That the said corporation may use any portion of the main public roads on the route above named, by and with the consent of three-fourths of all the landholders along or on the route of said road, and if threefourths of the owners of such lands shall refuse their consent, then and in that case such road shall be first vacated according to law.

23. And be it enacted, That this act shall take effect im

mediately.

Approved March 15, 1859.

CHAPTER CXXXVIII.

A FURTHER SUPPLEMENT to an act entitled "An act to incorporate the Paterson Gas Light Company," passed December ninth, eighteen hundred and twenty-five.

annual

changed.

1. BE IT ENACTED by the Senate and General Assembly of Time of the State of New Jersey, That the annual meeting for the meeting election of directors of the said company, hereafter may be held on the second Thursday in June in each year, anything in said act or the supplement thereto, to the contrary notwithstanding.

of terms of

directors.

2. And be it enacted, That the present board of directors Expiration may continue in office until the second Thursday in June office of next; and that every succeeding board may continue in office until the second Thursday in June succeeding their election, and until their successors are chosen.

in case of failure to hold election on day prescribed.

3. And be it enacted, That in case the stockholders of the Proceedings said company fail to hold their election for directors as herein provided, the board of directors for the time being, may order an election, to be held after the day herein prescribed, giving public notice of the time, place and object of such election, in two of the newspapers printed in this

state, one of which shall be published in the city of Paterson, at which time and place directors may be chosen.

4. And be it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

Names of

corporators.

CHAPTER CXXXIX.

AN ACT to incorporate the Elastic Cone Spring Company.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That William C. Alexander, John J. Fields, Henry Day, James S. L. Cummins and Henry M. Alexander, or the survivor or survivors of them, and all such persons as may hereafter be associated with them or the said survivors, their successors and assigns, shall be and they are hereby constituted and declared a body politic and corporate, in fact and in law, by the name of "the Elastic Cone Spring Company," for the purpose of manufacturing springs for cars, and other springs, in all the branches of said business, at Jersey City, in the county of Hudson, and Trenton, in the county of Mercer, in this state, and carrying on the business incident thereto, and that they and their successors by the same name shall be able and capable in law to acquire, purchase, receive, have, hold and enjoy any lands, tenements and hereditaments within the counties of Hudson and Mercer, and any goods and

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