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Penalty for injuring works.

spicuous 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."

11. And be it enacted, That if any person shall wilfully throw down or deface any of the mile stones 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 persou 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 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 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 traveller passing through any of the gates or turnpikes, or shall demand 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 and defrauded.

13. And be it enacted, That the said road shall be divided into two divisions, that part from Hightstown to the Monmouth county line to be called the western division, and that part from said line to Perrineville to be called the eastern division, and by such shall be known in all proceedings against the company; and any defect in one divi

Penalty for taking illegal tolls.

Road to be divided into two divisions.

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sion shall not affect the right to collect the toll on the other,
but shall apply to that division only.

14. 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 and bridges
any judge of the court of common pleas in the counties of in repair.
Mercer or 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 days' notice 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 counties of Mercer or 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, 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 travellers, 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 costs of suit; 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 judge 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 the view as before mentioned, the report of the persons appointed, or a majority of them, shall be in favor of the company, the same fees shall be allowed as before prescribed, and be paid by the person or persons making the

complaint. Highway to 15. And be it enacted, That this act shall take effect imbe vacated before con mediately, but said company shall not construct their said

turnpike along said highway until the same shall be vacated as a public highway according to law.

Approved March 9, 1859.

of

road.

CHAPTER XCVII.

An Act to incorporate the Trenton Horse Railroad Company.

Names of corporators.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Timothy Field, Robert Aitken, William M. Force, Lewis Perrine, Thomas P. Johnston, Jonathan S. Fish, Charles Moore, Joseph Whitaker and James T. Sherman, and such other persons as may be hereafter associated with them, shall be, and they are hereby ordained, constituted and declared a body politic and corporate, in fact and in law, by the name of the "Trenton Horse Railroad Company," and shall be capable of purchasing, holding and conveying any lands, tenements, goods and chattels necessary or proper for the object of the said corporation.

2. And be it enacted, That the amount of the capital stock Amount of of said corporation shall be thirty thousand dollars, with stock. privilege to increase the same to one hundred thousand dollars, and shall be divided into shares of twenty-five dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by their by-laws direct.

3. And le it enacted, That the above named persons, or a Commis. majority of them, shall be commissioners to open books to receive subreceive subscriptions to the capital stock of said corporation, at such time or times and place or places, as they, or a majority of them, may think proper, giving at least twenty days' notice of the same in two of the newspapers published in the city of Trenton, and that at the time of subscribing, ten per centum shall be paid for each share subscribed for to the commissioners, or some one of them; and as soon as twenty-thousand dollars of the capital stock shall be subscribed, such commissioners shall give like notice for a Election of meeting of the stockholders, to choose eleven directors, a majority of whom shall be residents of this state; and such election shall be made at the time and place appointed, by such of the stockholders as shall attend for that purpose, either in person or by proxy, each share of the capital stock entitling the holder thereof to one vote; and the said above named persons, or any three of them, shall be inspectors of the first election of directors of the said corporation, and shall certify under their hands, the names of those persons duly elected, and deliver over the subscription books and money paid in, deducting all expenses pre. viously incurred, to the said directors; and the time and place of holding the first meeting of said directors shall be fixed by the said persons named in the first section of this act, or a majority of them, and the directors chosen at such meeting, or at the annual election of said corporation, shall, as soon as may be after every election, choose out of their own number a president, who shall be a resident of this state; and in case of the death, resignation or removal of the president, or any director, such vacancy or vacancies

not dissoly

to elect on day prescribed.

instalinents.

may be filled for the remainder of the year in which they may happen, by the said board of directors, or a majority of them; and in case of the absence of the president, the said board of directors, or a majority of them, may appoint a president pro tempore, who shall have such power and functions as the by-laws of the said corporation shall pro

vide. Corporation 4. And be it enacted, That in case it shall happen that an ed for failure election of directors should not be made during the day

when, pursuant to this act, it ought to be made, the said corporation shall not for that cause be deemed to be dissolved, but such election may be held at any other time, in the manner provided by law in such cases, and the directors for the time being shall continue to hold their office

until others shall have been chosen in their places. Payment of

5. And be it enacted, That six directors of the said corporation shall be competent to transact all business of said corporation, and shall have power to call in the capital stock of said company, by such instalments and at such times as they may direct, and in case of the non-payment of said instalments, or any one of them, to forfeit the share or shares upon which such default shall arise, and to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper touching the management and regulation of the stock, property, estate and effects of the said corporation, and also shall have power to appoint such officers, clerks and servants, as to them shall seem meet, and to establish and fix such salaries to them, and also to the president, as to the said board shall appear proper.

6. And be it enacted, That the said corporation shall have to construct power and authority to construct a railroad, with necessary

turnouts, through Clinton and State streets, from the north. easterly to the westerly limits of the city of Trenton, with a branch or branches to the railroad depot or depots as the

same now or hereafter may be, and such other branches in Proviso. the streets of said city as may be deemed necessary; pro

vided, the said railroad shall not be constructed through

Company authorized

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