Rates of toll. same; but if the said appeal be made by the owner or owners of the land, and the court or jury shall not award or find the same, or a greater sum than was awarded by the commissioners, then the costs shall be paid by the owner or owners, and shall be deducted out of the sum so awarded, or execution may issue therefor, as the court may direct; and upon payment, or tender of the sum so found or awarded, with costs, if any, the said company may enter upon and remove all such earth and other materials as have been so valued and appraised aforesaid; and in case any owner or owners of such land or materials shall be feme covert, under age, non compos mentis, out of the state, or under any other legal disability which would prevent their agreement with the said company, then it shall be the duty of the said company to pay the amount of any award or report, so made in behalf of any such persons, into the circuit court of the county of Camden, or to the clerk thereof, subject to the orders of said court, for the use of the said owners, all which proceedings shall be at the proper costs and charges of the said company, except in cases of appeal, as above provided for. 8. And be it enacted, That as soon as the said company shall have constructed the said turnpike roads or either of them, according to the directions, true intent, and meaning of this act, it shall and may be lawful for said company to erect gates or turnpikes across the same, and to demand and receive toll for travelling each mile of said road, not exceeding the following rates, to wit: For every carriage, sleigh, or sled drawn by one beast, one cent. For every additional beast, one cent. For every horse and rider, or led horse or mule, five mills. until they shall have paid the toll, as above specified; pro- Proviso. vided, that nothing in this act shall be so construed as to entitle the said company to demand or receive toll of or from any person passing to and from public worship on the sabbath day, or to and from any mill to which he may usually resort for the grinding of grain for his family's use, or horses, carriages, sleighs or sleds carrying persons to or from a funeral, or any person passing to or from his common business on his farm, or any militiaman passing to or from any training on a muster day appointed by law, or any other military officer or soldier passing or repassing when called to do duty by the laws of this state or of the United States. to be posted 9. And be it enacted, That the said company shall cause Rates of toll to be fixed, and always kept up at the gates or turnpikes up. 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." injuring works. 10. And be enacted, That if any person shall wilfully Penalty for break down or deface any of the mile-stones, or posts, so erected on the said road, for the information of the people travelling the same, 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 persons shall forfeit and pay the sum of twenty dollars, besides being subject to an action of debt, or other proper action, by said company, for the recovery of damages for the same, in any court of competent jurisdiction, with costs of suit; and if any person, with his carriage, team, or horse, shall turn out of said road or roads to pass a gate or gates, on private ground adjacent thereto, and again enter thereon, so as 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, Penalty for taking illegal tolls. Penalty for obstructing passage. Proceedings in case road are not kept in repair. to be recovered by the said company, for the use thereof, in an action of debt with costs of suit. 11. And be it enacted, That if any toll-gatherer shall unnecessarily delay or hinder any traveller passing at any of the gates or turnpikes, or shall demand and 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 unnecessarily hindered or defrauded. 12. And be it enacted, That all drivers of carriages, sleighs, or sleds, of every kind and description, whether of burthen or pleasure, or persons on horseback, using the said road or roads, shall keep their horses, carriages, sleighs, or sleds on the right hand of said road or roads, in the passing direction, leaving the other side of the same 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. 13. And be it enacted, That if the said company shall not and bridges keep the said turnpike road or roads, and bridges, which now or may hereafter be erected thereon, in repair, and complaint thereof shall be made to any judge of the court of common pleas of the county of Camden, who may be disinterested, the said judge 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, either of said townships, which three persons, being disinterested in the said turnpike road or roads, 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 judge may appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine the said turnpike road or roads, or bridge so complained of, and report to the said judge, 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 or roads, the said judge 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 judge 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 shall prosecute 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 said company, again to view said turnpike road or roads or bridges and report, as aforesaid, their opinion to the said judge, 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, collected as before, and the same fees shall be allowed and paid as before directed; but if on the first 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 paid by the person making complaint; and in case three of the township committee aforesaid are not disinterested, then the said judge shall appoint, in the same manner above prescribed, one or more respectable freeholders of 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. take effect. 14. And be it enacted, That this act shall not take effect Act, when to until the public highways upon which the said turnpike road or roads, is authorized to be located and made, are vacated as public highways according to law. General powers. 15. And be it enacted, That 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 is applicable. Approved March 16, 1859. Part of former act repealed. Receiver of taxes to be CHAPTER CLXIV. A FURTHER SUPPLEMENT to the act entitled "An act to revise and amend the charter of the city of Newark." 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That so much of the act entitled "An act to revise and amend the charter of the city of Newark," approved March eleventh, eighteen hundred and fifty seven, as authorizes and requires the election, at the annual charter election of said city, of a collector of taxes for each ward of said city, is hereby repealed. 2. And be it enacted, That the common council of said appointed. city shall, from time to time, appoint a receiver of taxes for the said city, who shall possess the qualifications, continue in office for the term, and be appointed in the manner, specified in the twenty-first section of the act to which this is a supplement; and before he enters upon the duties of his office, he shall take and subscribe the oaths of office |