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thereof, or when by reason of the legal incapaity or absence of such owner or owners no such agreement can be made, a particular description of the lands or materials so required for the use of said company, in the construction of the said road, shall be given in writing, under the oath or affirmation of some engineer or proper agent of the company, and also the name or names of the occupants, if any there be, and of the owner or owners, and their residence, if the same can be ascertained, to one of the judges of the court of common pleas of the counties of Middlesex or Monmouth respectively, as the lands or materials may be situate, who shall cause the said company to give notice thereof to the persons interested, if known or in this state, or if unknown or out of this state, to make publication thereof as he shall direct, for any term not less than twenty days, and to assign a particular time and place for the appointment of the commissioners hereinafter named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint, under his hand and seal, three disinterested, impartial and judicious freeholders, commissioners to examine and appraise the said lands and materials, and to assess the damages, upon such notice to the persons interested as shall be directed by the judge making such appointment, to be expressed therein, not less than twenty days; and it shall be the duty of said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath or affirmatien, faithfully and impartially to examine the matter in question, and to make a true report, according to the best of their skill and understanding; to meet at the time and place appointed, and to view and examine the said lands and materials, and make a just and equitable appraisement of the value of the same, and assessment of damages to be paid by the said company for such lands or materials and damages aforesaid, and to make report thereof, under the hands and seals of the said commissioners, or any two of them, and file the same within ten days thereafter, with the aforesaid description of the lands or materials, and the appointments and oaths or affirmations aforesaid, in the clerk's office of the counties of Middlesex or Monmouth, as the case may be, as aforesaid, to remain on record therein, and shall be recorded by the said clerk; which report, or a copy of it, certified by the clerk of the said counties, as the case may be, shall at all times be considered as plenary evidence of the right of said company to

pay

have, hold, use, occupy, possess and enjoy the said lands or materials, after payment of the value and damages so assessed, and of the right of said owner or owners to recover the amount of said valuation, with interest and cost, in an action in any court of competent jurisdiction, in a suit to be instituted against the said company, if they shall neglect or refuse to the same for twenty days after demand being made of their treasurer, and shall constitute a lien upon the property of the company in the nature of a mortgage; and the said judge shall tax and allow such costs, fees and expenses to the judge, clerk, commissioners, and other persons performing any of the duties prescribed in this section, as he shall think equitable and right, which shall in all cases be paid by the company.

13. And be it enacted, That as soon as the said company Rates of toll. shall have constructed, in a workmanlike manner, the said road, according to the several directions in the eleventh section and the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates or turnpikes across the said road, and to demand and receive toll for travelling each mile and all fractions over half a mile of said road not exceeding the following rates, to wit:

For every carriage, sleigh or sled, drawn by one beast,

For every additional beast,

For every horse and rider, or led horse or mule,
For every dozen of calves, sheep or hogs,
For every dozen of horses, mules or cattle,

one cent;

one cent;

five mills;

five mills;

two cents;

And it shall and may be lawful for the toll-gatherers to stop persons riding, leading or driving any horses, cattle, mules, calves, sheep or hogs, or carriages of burden or pleasure from passing through the said gates or turnpikes until they shall have paid the toll as above specified.

be erected.

14. And be it enacted, That before the said company shall Milestones to receive toll for travelling said road, they shall cause mile stones or posts to be erected and maintained, one for each and every mile in use on said road, and on each post or stone shall be fairly and legibly marked the distance the said stone or post is from Old Bridge, and shall cause to be fixed, 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."

15. And be it enacted, That if any person shall wilfully

juring works.

Penalty for in- break, throw down or deface any of the mile stones or posts so erected on the said road, or wilfully tear down or deface any of the rates of toll or directions, or shall cut, break down or destroy, or otherwise injure any gates, turnpikes, railings, fenders or bridges that shall be erected pursuant to this act, or shall forcibly pass the gates or turnpikes without paying 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 enter again on said road, with 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 be for passing through said gate, to be recovered by the said company for the use thereof, in an action of debt, with costs of suit.

Penalty for delaying travellers.

structing pas sage.

16. 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 unreasonably hindered or defrauded.

Penalty for ob- 17. And be it enacted, That all the drivers of carriages, sleighs or sleds of every kind or 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 said road free and clear for other carriages, sleighs, or persons on horseback to pass; and if any person should 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.

Road and

18. And be it enacted, That if the said company should kept in repair. not keep the said road, bridges, rails and fenders in repair, and complaint thereof shall be made to any judge of the court of common pleas of the county wherein the same may be situate, he shall immediately appoint, by writing, three disinterested freeholders of the county as aforesaid, who shall view

said road and report in writing, under their hands and seals, or under the hands and seals of two of them, whether the said road so complained of be in such a state as the law requires it to be kept, and if the report be unfavorable to the said road the said judge shall immediately, under his hand and seal, order the keeper of the gates or turnpikes to keep the same open until otherwise ordered, and if the said keeper shall, notwithstanding the order of the said judge, refuse to open the said gate or turnpike and exact toll of travellers, he shall, for each offence, forfeit and pay the sum of twenty dollars, to be sued for by any person who will 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 appointed, or a majority of them, on application of the said company, again to view the said road, rails, fenders or bridges, and report as aforesaid to the said judge, who shall, if authorized by the report of the 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 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, 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 or persons making the complaint.

ed.

19. And be it enacted, That whenever the said company when gates shall have completed any two consecutive miles of the said may be erect 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.

20. And be it enacted, That the said corporation may use any Road to be portion or the whole of the public road on the route above vacated., named, by and with the consent of a majority of all the landholders adjoining the public road or parts thereof, so taken on the route of said road; and if the consent of the said majority is refused, then and in that case, such road or roads shall be first vacated according to law.

21. And be it enacted, That if said road be not commenced Limitation. within three years and completed within six years from the passage of this act, that then and in that case this act shall be void.

22. And be it enacted, That this act shall go into effect immediately.

Approved March 13, 1863.

Repealer.

CHAPTER CXXXI.

A supplement to the act entitled "An act for the more effectual organization of the militia," approved March twentysecond, eighteen hundred and sixty.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the thirteenth section of the act to which this is a supplement be and the same is hereby repealed.

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

Approved March 13, 1863.

Preamble.

Board of freeholders may

CHAPTER CXXXII.

AN ACT to authorize the Board of Chosen Freeholders of the county of Cape May to raise money by taxation.

WHEREAS, the board of chosen freeholders of the county of Cape May, in order to facilitate the enlistment of volunteers to fill the quota of said county, under the late call of the administration for troops, did offer a suitable bounty to each volunteer, and did issue their bonds and other evidences of indebtedness for this and for other purposes connected with the war-therefore,

1. BE IT ENACTED by the Senate and General Assembly of raise money. the State of New Jersey, That the board of chosen freeholders in the county of Cape May shall have power and authority to order and cause to be assessed and collected, at the time and in the same manner and under the same regulations that other taxes are assessed and collected, yearly and every year,

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