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Proceedings
in case conn-
pany and own-
ers cannot
agree.

company shall cause good and sufficient railings to be erected
and maintained on the sides, so as to prevent horses and car-
riages from running off.
13. And be it enacted, That it shall be lawful for the said
company, their officers, superintendents, engineers, and work-
men, with carts, wagons, and other carriages, and with beasts
of burden and draught, and all necessary materials, tools, and
implements, to enter upon all lands contiguous or near to the
route of said road, doing as little damage thereto as possible,
repairing any breach they may make in the enclosures there.
of, and to make all ditches and underdrains across and through
such lands necessary for properly draining said road; and
that when the said company or its agents cannot agree with
the owner or owners of such required lands or materials for
the use or purchase thereof, or when by reason of the legal
incapacity or absence of such owner or owners, no such agree-
ment can be made, a particular description of the land or ma-
terials so required for the use of the said company in the con-
struction of 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 occupant or oc-
cupants, if any there be, and of the owner or owners, if
known, and their residence, if the same can be ascertained,
to one of the justices of the supreme court of this state, or to
one of the judges of the court of common pleas of the county
of Monmouth, who shall cause the said company to give no-
tice thereof to the persons interested, if known and 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 ap-
pointment of 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 or ma-
terials, and to assess the damages, upon such notice to be
given to the persons interested as shall be directed by the

justice or judge making such appointment, to be expressed therein, not less than twenty days; and it shall be the duty of the said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath or affirmation, faithfully and impartially to examine the matter in question, and make a true report, according to the best of their skill and understanding, to meet at the time and place appointed, and proceed to view and examine the said lands or materials, and make a just and equitable estimate or appraisement of the value of the same and assessment of damages to be paid by the said company for such land or materials and damages aforesaid, and to make a report thereof, under the hands and seals of the said commissioners, or any two of them, and file the same within ten days thereafter, together with the aforesaid description of the land or materials, and the appointment and oaths or affirmations aforesaid, in the clerk's office of the county of Monmouth, to remain of record therein, and shall be recorded by the said clerk; which report, or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess, and enjoy the said land or materials after payment of the value and damages so assessed, and of the right of the 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 company, if they shall neglect or refuse to pay the same for twenty days after demand made of their treasu

rer, and shall constitute a lien upon the property of the com

pany, in the nature of a mortgage; and the said justice shall tax and allow such costs, fees, and expenses to the justice, commissioners, clerks, 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.

14. And be it enacted, That as soon as the said company shall Rates ofton.

have constructed the said roadina workmanlikemanner, accord

ing to the several directions in the twelfth 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, not exceeding four in number, and to demand and receive toll for traveling each mile and all fractions over half a mile of the 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.
For every dozen of calves, sheep or hogs, one cent.
For every dozen of horses, mules or cattle, four 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

Proviso. shall have paid the toll as above specified; provided, that nothing in this 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 public worship on the Sabbath day, 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 militia man 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.

Mustone, or 15. And be it enacted, That before the said company shall

*** receive toll for traveling said road, they shall cause mile stones or posts to be erected and maintained, one for each and every mile on said road; and on each stone or post shall be fairly and legibly marked the distance said stone or post is from Smithville; 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.”

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

break, 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 person 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 per‘son 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.

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17. And be it enacted, That if any toll-gatherers shallo, unnecessarily delay or hinder any traveler 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, oft.

obstructin sleighs or sleds of every kind and description, whether of “ g

burthen 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 other 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

Proceedings in case road and bridges are not kept in repair.

justice shall immediately appoint, by writing, under his hand

shall also be subject to an action for damages for every such
offence, to be recovered with costs of suit.
19. And be it enacted, That if the said company shall,
not keep the said road and bridges in repair, and complain:
thereof shall be made to any justice of the peace of the said
county of Monmouth, who may be disinterested, the said

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 sał 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 trawelers, he shall, for each offence, forfeit and pay twenty dol. lars, to be sued for by any person who will prosecute 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 from said company, again to view the said road, and report as aforesaid their opinion to the said justice, 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

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