to erect embankments, bridges, and all other works necessary to construct said road, and to do all other things which shall be necessary or suitable to carry into full effect the objects. of this charter; provided always, that the said corporation Proviso. shall pay, or make tender of payment, for all damages for the occupancy of the lands through which the said road may be laid out, before the said company, or any person in their employ, shall enter upon or break ground in the premises, except for the purpose of surveying said route, unless the consent in writing of the owner or owners of such land be first had and obtained; and upon payment, or tender of such compensation as aforesaid to the said owner or owners, then the said corporation shall be deemed seized and possessed in fee simple of all such land or real estate. case company cannot agree. 9. And be it enacted, That if the owners of the land on Proceedings in which said road shall be located shall not be willing to give and owners the same for such purposes, and the said company and owners cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, who is disinterested in the premises, upon the application of either party, and after ten days' notice in writing to the opposite party of such application, and after hearing the parties to appoint three disinterested commissioners, freeholders of this state, to assess the price or value of such land and all damages sustained, who shall be sworn before said justice faithfully to execute the duties of such appointment, and after ten days' notice in writing to both parties of the time and place, shall meet, view the premises and hear the parties and evidence, if desired, and thereupon make such decision or award as to them shall appear just and proper, and transmit such award and decision, together with the description of said land and the quantity taken, by whom owned and how situate, bounded and described, in writing, under the hands and seals of a majority of them, to the justice who appointed them, to be returned by him and filed, together with all the papers before him relating thereto, in the clerk's office of the county in which said land lies, there to be recorded and kept as a Company may Proviso. public record, and copies taken if required by either party; and if either party shall feel aggrieved by the decision of such commissioners, the party so aggrieved may appeal to the circuit court of the county in which said land lies, at the first term after such decision of the commissioners, by proceeding in the form of petition to the said court, with five days' notice in writing to the opposite party of such appeal, which proceeding shall vest in the circuit court full right and power to hear and adjudge the same, and if required shall award a venire in the common form for a jury before them, who shall hear and finally determine the same; and it shall be the duty of the said jury to assess the value of the said land, and all damages sustained, and for that purpose to view the land in question, if required by either party to do so; and if the said jury be demanded by the company, and they shall find a greater sum than the said commissioners, then judgment shall be given, with costs, against the said company, and execution issue, if need be; but if the said jury shall be demanded by the owner or owners, and shall find the same or a less sum than the commissioners awarded, then the.costs shall be paid by the owner or owners, and shall be deducted out of the said sum so awarded, or execution issued therefor, as the court shall direct; and upon payment or tender of the sum so found by the commissioners or by the jury, with costs, if any, the said corporation shall be deemed to be seized and possessed in fee simple of all such lands and real estate so appraised as aforesaid. 10. And be it enacted, That the said president and directors of the said company are hereby authorized and invested with all the rights and powers necessary to occupy any public road which may lie in the course of the road mentioned in the eighth section as shall be deemed expedient and proper; provided, that consent thereto shall be given by a majority of the freeholders of the township in which said public road lies, present at a meeting to be called by the chosen freeholders of said township for the purpose; and if such public road be so occupied, the inhabitants residing on the part so taken shall not be assessed for the maintenance and repair of any such part or portion during its occupancy by the said company. amount of 11. And be it enacted, That in case any owner or owners Payment of of such lands or real estate shall be femme covert, under award. age, non compos mentis, out of the state, or under any other disability which would prevent their agreement with the said company, then it shall be the duty of the said corporation to pay the amount of any award or report so made in behalf of any such person into the court of chancery (or supreme court, if there be no chancellor,) to the clerk thereof, subject to the orders of the said court, for the use of the said owner or owners, all which proceedings, as well under this as the last section of this act, shall be at the proper cost and charges of the said corporation, except in cases of appeal above provided for, and the said chancellor or court aforesaid shall and may direct the amount of costs and charges of such valuation, appraisement and witness fees. 12. And be it enacted, That the said company may erect Rates of toll. gates and turnpikes across the said road, and demand and receive toll for each 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 horse and rider, or led horse or mule, one cent. five mills. one cent. three cents. in proportion for greater or less number, And it shall be lawful for any toll gatherer to stop any horse, mule, calves, sheep, hogs, carriage of burthen or pleasure, from passing through any of the said gates or turnpikes until the toll as above specified has been paid for them respectively. 13. And be it enacted, That before the said company shall Milestones to demand or receive toll for travelling 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 be erected. Penalty for injuring works Penalty for taking illegal. tolls. Penalty for obstructing passage. post shall be fairly and legibly marked the distance the said stone or post is from the point of commencement of said road in Lambertville, and shall cause to be affixed and always keep up at the gate aforesaid, in some conspicuous place, a list of the rates of toll which may be lawfully demanded. 14. And be it enacted, That if any person shall wilfully break, throw down or deface any of the mile stones or posts erected on the said road, or shall wilfully cut, break down, destroy or deface, or otherwise injure any gate, turnpike, bridge, timber or plank that shall be erected, built, placed or laid down in pursuance of this act, or shall forcibly pass the same without having paid the legal toll at the gate or turnpike, such person or persons shall forfeit and pay a fine of twenty dollars, besides being subject to an action of damages for the same, to be recovered by the said company, to their use, in an action of debt, with costs of suit; and if any person shall with his team, carriage or horse turn out of said road to pass a gate or gates and again enter 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 have been for passing through said gates, to be recovered by said company, to their use, in an action of debt, with costs of suit. 15. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any person passing at any of the gates, 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 for and recovered for the sole use of the person so unreasonably hindered or defrauded. 16. And be it enacted, That all drivers of carriages, sleighs or sleds, whether of burthen or pleasure, or persons on horseback using the said road, shall keep their horses, carriages or sleds on the right hand of said road, in the passing direction, leaving the other side of the road free and clear for the other carriages or persons on horseback to pass; and if any person shall offend against this provision, such person or person's shall, besides being liable to make compensation for all damages, forfeit and pay the sum of five dollars to any person or persons who shall be obstructed in his or her passage, and will sue for the same, to be recovered by an action of debt, with costs of suit. 17. And be it enacted, That this shall be deemed and Public act. taken as a public act, and shall at all times, in all courts and places whatsoever, be recognized as such, and shall be commenced within two years, and continue in full force for the term of fifty years. ers. 18. And be it enacted, That this act shall take effect imme- General pow diately, and that the said company shall have all the powers and privileges, and be subject to the restrictions, limitations and conditions as are specified and contained in the act entitled "An act concerning corporations," approved February fourteenth, eighteen hundred and forty-six. Approved March 22, 1860. CHAPTER CCXXI. AN ACT to enable the inhabitants of South Dennis school district, in the county of Cape May, to collect money for school purposes. collect 1. BE IT ENACTED by the Senate and General Assembly of Trustees to the State of New Jersey, That it shall and may be lawful for amount of two-thirds of the legal voters of South Dennis school district, tuition. |