ers, or any person or persons aggrieved as aforesaid, shall thereupon give two days notice in writing to the said company, of the time and place of such meeting, as last aforesaid, which said notice shall be served on said company in the same manner as the order for the appointment of commission ers is herein before directed to be served; the said commissioners shall, after they arrive at their place of meeting, and on the day designated for such meeting, each be duly sworn or affirmed to act fairly and impartially, and faithfully to perform the duties of his appointment, which said oath or affirmation shall be in writing, and shall be subscribed by each commissioner; the said commissioners shall thereupon proceed to view the said turnpike road, or any bridge or bridges thereon, and shall be authorized in their discretion to examine witnesses, and can adjourn from time to time, and if in the judgment of said commissioners the said turnpike road, or any bridge or bridges thereon, shall be out of repair so as not to be in a proper condition to accommodate the public travel, they shall make and sign a report to that effect, and shall by such report direct the toll gate or gates on said road to be opened, and no toll to be taken thereon, which report shall be served on the toll gate keeper or keepers at any toll gate on the said road; and that evidence of such report may be preserved, they shall be authorized to sign several reports of the same tenor; if any keeper of any toll gate shall, after such report shall have been made and served, exact toll of travelers, he shall for every offence forfeit and pay twenty dollars, to be sued for by any person who shall prosecute for the same, in an action of debt, with costs of suit; after such adverse report as aforesaid, the said company shall pay to the person or persons complaining, the legal expenses of such proceedings hereby authorized; notwithstanding such adverse report whereby the said toll gate or gates shall be directed to be opened as aforesaid, if the said company shall amend' and repair the said road, or any bridge or bridges thereon complained of and reported against as aforesaid, then it shall be lawful for the said company again to call together the said

commissioners, whose duty it shall be again to view the said turnpike road, or any bridge or bridges thereon reported against as aforesaid; two days' notice in writing shall be given by the said company of the time and place of such meeting to the person or persons who made complaint in writing, as aforesaid, to such judge of the common pleas, if he or they shall reside in the county of Cape May, which notice can be served personally, or on a member of the family of such person or persons, at the residence of such person or persons; the said commissioners shall, at the time and place designated, proceed again to view the said turnpike road, or any bridge or bridges thereon, and shall be authorized to examine wit nesses, and adjourn as hereinbefore stated; and if, upon such review, the said commissioners shall adjudge the said turnpike road, or any bridge or bridges thereon complained of as aforesaid, to be in repair and in a condition to accommodate the public travel, they shall make and sign one or more reports to that effect, all of which shall be of the same tenor, and shall thereby allow the toll gates on said road to be closed, and toll to be taken for travel, which said report shall be served on the toll keepers of said road; in case of the death, absence, or other disability of any of the said commissioners, after any unfavorable report shall have been made, so that the same commissioners cannot be called on to review the said road, or any bridge or bridges thereon complained of as aforesaid, then it shall be lawful for the said company to apply to a judge of the supreme court to appoint three new commissioners, of like qualifications as aforesaid, who shall meet at such time and place as such judge shall direct, who shall take such oath as aforesaid, and such notice of the meeting of said commissioners shall be given to such person or persons who shall have complained in writing as aforesaid, if he or they can be found in the said county, as the said justice shall direct; and if such new commissioners adjudge that the said turnpike road, or any bridge or bridges thereon, are in repair and in a condition to accommodate the public travel, they shall make and sign one or more reports as aforesaid,

which shall be served as aforesaid, and thereupon the said company shall be authorized to close their gates and take toll as by their charter is allowed.

tion to officers.

3. And be it enacted, That the said judge of the common Compensapleas shall be allowed one dollar for every order he may make, and the commissioners shall be allowed one dollar and fifty cents each per day, for every day's attendance in the performance of any duty in this act required.

may be re

4. And be it enacted, That the report or proceedings of Proceedings any commissioners as aforesaid can be reviewed both as to viewed. law and fact and on the merits of the case, by a writ of certiorari, to be issued out of the common pleas of this county, which can be allowed in term time, or in any vacation, by any justice of said court.

mer act re

5. And be it enacted, That the fifteenth section of the act Part of forincorporating said company is hereby repealed, and that this pealed." act shall take effect immediately. Approved March 22, 1860.

CHAPTER CCVI.

A further supplement to an act entitled "An act to establish and regulate pilots for the ports of Jersey City, Newark and Perth Amboy, by the way of Sandy Hook," approved April seventeenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of Selection of the State of New Jersey, That the commissioners of pilotage

commissioners of pilotage.

referred to in the first section of the act to which this is a supplement, shall in future be selected from among such persons as have been officers in our naval, revenue or merchant service, or such as have been commanders of vessels engaged in our coasting trade.

2. And be it enacted, That this act shall go into operation immediately upon the passage thereof. Approved March 22, 1860.

Jail of Essex

county to be

CHAPTER CCVII.

A further supplement to the act entitled, "An act to create the county of Union.

1. BE IT ENACTED by the Senate and General Assembly of used for con- the State of New Jersey, That the jail of the county of Essex

finement of prisoners from

Union county, be and is hereby constituted a jail for the confinement of all prisoners of or from the said county of Union, until the first day of January, eighteen hundred and sixty-one, unless a jail shall sooner be provided in said county of Union; and the sheriff, or other officers, having the legal custody of any prisoner or prisoners within said county of Union, are hereby authorized and empowered to carry and confine such prisoner or prisoners to and in the jail of said county of Essex; and the keeper of said jail is hereby required to receive and safely keep every such prisoner so delivered to him, in the same

manner and under the same penalties as he is, or may be, by law required, to keep and provide for the prisoners of the county of Essex, until such prisoner or prisoners shall be demanded by the proper officer or officers of the said county of Union, or by some other due or legal authority; and the said keeper shall be entitled to receive from the board of chosen freeholders of the said county of Union, such fees and compensation for the support of the prisoners of said county last. named, as are or shall be allowed by the board of chosen freeholders of the county of Essex in like cases.

crimes pun

shable with

death.

2. And be it enacted, That in case of conviction before the In cases of day aforesaid of any person or persons within the said county of Union, for any crime punishable with death, the court before whom such person or persons shall be convicted, shall be and are hereby empowered to sentence the said person or persons to suffer the said punishment within the said jail, or the enclosed yard thereof; and it shall be the duty of the sheriff of said county of Union, for the time being, to carry the said sentence into effect, according to the terms thereof, in the said jail, or the enclosed yard, of the county of Essex, which for that purpose shall be deemed and taken to be the prison and prison yard of the county of Union, any law restricting the jurisdiction and authority of said sheriff to the contrary notwithstanding.

3. And be it enacted, That so much of the act to which Part of former this is a supplement as is inconsistent with this act, be and the act repealed. same is hereby repealed.

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

Approved March 22, 1860.