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the lands over which they may pass, all damages which the said owners shall sustain by reason of the construction of said turnpike road; and in case the said owners and said company cannot agree upon the amount of said damage, then the damage shall be ascertained and determined, as nearly as may be in the manner hereinafter provided for ascertaining and determining the damage which any land owner may sustain by taking of stone, gravel, sand or other materials from his or her lands, for the construction and maintaining of said turnpike road.

Width of road 7. And be it enacted, That the said turnpike road shall not exceed fifty feet in width, and at least sixteen feet thereof shall be sufficiently bedded and faced with stone, plank, clay or gravel, to make a good firm road; and it shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon; and said company shall make good and sufficient bridges along said road, not less than sixteen feet in breadth, and whenever cient bridges. said road shall be raised so much at the margin or side as to render carriages passing thereon liable to be overturned, the said company shall cause good and sufficient railings to be erected on the sides, so as to prevent horses and carriages from running off.

Shall make good and suffi

Proceedings when compa

8. And be it enacted, That it shall be lawful for the said ny and owners company, their agents, superintendents, engineers, and all cannot agree. persons employed by them, with carts, wagons, and other

carriages, and with beasts of burthen and draught, with all necessary materials, tools and implements, to enter upon all lands contiguous or near to the said road, doing as little damage as possible, repairing any breach they make in the inclosure thereof, and to make all ditches and underdrains across and through said lands as are necessary for the proper draining of said road, and to take and carry away stone, clay, gravel or sand, or other materials therefrom suitable for making or repairing said road; and if the said company or their agents, and the owner or owners of such required land or materials cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, or a judge of the court of common pleas of the county of Monmouth, upon application by either party, and after six days' notice in writing to the opposite party of such application, and after hearing the parties, to appoint three disinterested, impartial, judicious freeholders, residents of the state,

commissioners to assess the price or damage of such materials, who shall, before they enter upon the duties of their appointment, be duly qualified, according to law, faithfully and impartially to execute the duties thereof, and after six days' notice in writing to both parties of the time and place, shall meet, view the premises, hear the parties and evidence, if desired, and thereupon make such decision or award as to them may appear just and equitable, and transmit such award and decision, in writing, under their hands and seals, or the hands and seals of a majority of them, to the clerk of the said county of Monmouth, to be by him filed as a public record, and certified copies taken, if desired by either party; and upon payment, or the tender of the sum so awarded by the commissioners, the said company, or their agents, may enter upon and remove all such materials as have been appraised as aforesaid; and when, by reason of any legal incapacity, or the absence of the owner or owners of said land or materials, no agreement can be made with said company, then it shall be the duty of said company to pay the amount of any award made in behalf of any such persons by the commissioners appointed as aforesaid, into the court of chancery, to the clerk thereof, subject to the orders of said court, for the use of said owner or owners.

gates and de

9. And be it enacted, That as soon as the said company May erect shall have constructed, in a workmanlike manner, the said mand and reroad according to the directions of this act and the true in-ceive toll. tent and meaning thereof, it shall and may be lawful for the said company to erect gates or turnpikes across the same, also, to erect toll-houses thereon, and to demand and receive toll for travelling each mile and all fractions of a mile of the said road, not exceeding the following rates, to wit: For every carriage, sleigh or led drawn by one beast,

For every additional beast,

For every horse and rider, or led horse or mule,
For every dozen calves, sheep or hogs,

one cent; Rates of toN.

one cent;

five mills;

seven mills and a half;
four cents;

For every dozen horses, mules or cattle, and it shall be lawful for the toll-gatherers to stop all persons riding, leading or driving any horses, cattle, mules, sheep, calves or hogs, or carriages of burden or pleasure, from passing through said gates or turnpikes until they have paid the toll before specified; provided, that nothing in this Proviso.

Shall cause

inile stones to

be erected

toll posted.

act shall be construed so as to entitle the said company to demand or receive toll of or from any person passing to or from their regular place of public worship on the Sabbath day, or horses or carriages, sleighs or sleds carrying persons to or from a funeral, or any person passing from any part of his farm to any other part of the same on the common business thereof.

10. And be it enacted, That before the said company 'shall receive toll for travelling on said road, they shall cause and rates of mile-stones or posts to be erected and maintained, and on each stone or post shall be fairly and legibly marked the dis-" tance said stone or post is from the village of Keyport, and shall cause to be fixed 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 painted in large letters, "keep to the right as the law directs."

Penalty for injuries.

Penalty for delaying trayelers

11. And be it enacted, That if any person shall wilfully throw down or deface any of the mile stones or posts 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 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 person shall forfeit and pay the sum of ten dollars, besides being liable to an action of damage for the same, to be recovered by said company by action of debt or otherwise, 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 again enter on said road with intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five times as much as the legal toll would have been for passing through said gate or gates, to be recovered by said company for the use thereof, in action of debt, with costs of suit.

12. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any traveler passing through any of the gates or turnpikes, or shall demand more 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 and defrauded.

when road and

13. And be it enacted, That if the said company shall not Proceedings keep the road and bridges in repair, it shall be the duty of bridges are not any judge of the court of common pleas in the county of kept in repair. Monmouth upon complaint being made to him in writing, stating the bridge or part of the road that is out of repair, and specifying the particular defect, and after four day's no tice in writing to said company specifying the particular part of the road or bridge, and the particular defect complained of, and after hearing the parties, if the said company shall not have mended or repaired the bridge or part of the road complained of, to appoint under his hand and seal, three judicious, disinterested freeholders of the couuty of Monmouth, not residents in any township through which said road passes, who having been duly qualified according to law, to act impartially in the case, shall proceed to view and examine said. part of the turnpike road or bridge so complained of, and report to said judge in writing, under their hands and seals, or 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 said road, said judge shall immediately, in writing, under his hand and seal, order the keeper of the gates or turnpikes to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of said judge to open said gates or turnpikes, 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 action of debt with cost of suits; and the said judge shall be allowed for his services one dollar, and the persons appointed one dollar each, to be paid by the company; and upon due proof before said julge that said company have repaired or mended said road or bridge in the particular complained of, he shall by license under his hand and seal directed to the toll gatherers, permit the gates or turnpikes to be shut and the toll to be collected as before, and the said toll shall be allowed and paid as before directed; but if on view as before mentioned the report of the persons appointed, or a majority of them, shall be in favor of said company, the same fees shall be allowed as before prescribed, and be paid by the person or persons making the complaint.

tain public road.

14. And be it enacted, That the said corporation may use May use cersaid road from Keyport to Oak Grove, with the consent of two thirds of the landholders along and on the same, and

if

When toll-! gates may be erected.

the owners of such lands shall refuse their consent, then in that case such road shall first be vacated according to law.

15. 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 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 rules. Approved February 23, 1870.

Boundaries.

Election of

board of com.
missioners,
&c.

CHAPTER CX.

An Act for the improvement of the town of Washington, in the county of Middlesex.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the limits of the town of Washington, in the county of Middlesex, for the purposes of this act shall be as follows, viz: beginning at South river, in a line of lands between Randolph Low and John Culver, and running thence first up said line and on the same course to the centre of the road leading from Old Bridge to New Brunswick, near (formerly) Sheriff Bissett's house; second following the centre of said road the different courses thereof, to a line of lands between Charles Van Deventer and the Messrs. Meslers; third, down the said line and a line of Garline and Abraham Van Deventer to South river aforesaid; fourth, up said river the courses thereof to the place of beginning.

2. And be it enacted, That it shall and may be lawful for such of the legal voters of the said town of Washington as may reside within the aforesaid limits, on the first Monday of May next, to assemble at the hotel of B. B. Walker, in the town of Washington, on the said first Monday in May next, and then and there by ballot, and by a plurality of votes, elect five commissioners, a town clerk, and two inspectors of election, and as soon after said election as the said commis

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