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Proviso.

Penalty for injuring works

Proviso.

Books of account to be kept.

Limitation.

or the erection of said posts; and provided also, that no private lands shall be in any way injured or defaced without permission in writing first had and obtained from the owner or owners thereof.

7. And be it enacted, That if any person shall wilfully impair, injure, or wilfully do or cause to be done any act or acts whatsoever, thereby to injure any conduit, pipe, cock, machine, tank, reservoir, works, building or structure whatsoever, or any other thing appertaining to the works of the said corporation, or whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be considered guilty of a misdemeanor, and being thereof convicted shall be punished by fine, not exceeding three hundred dollars, or imprisonment at hard labor, not exceeding two years, or both; provided, such criminal prosecution shall not in any wise impair the right of action for damages by a civil suit hereby authorized to be brought for such injury as aforesaid, by and in the name of said corporation, in any court having cognizance of the same.

8. And be it enacted, That the said corporation shall cause to be kept at their office proper books of accounts, in which shall be fairly and truly entered all the transactions of the corporation, which books shall at all times be open for the inspection of the stockholders.

9. And be it enacted, That this act shall be deemed a public act, and shall continue in force thirty years.

Approved March 22, 1860.

CHAPTER CCXLI.

AN ACT to regulate and determine the grade, grading, paving and curbing of the highways, streets, &c., in part of the township of Newton, in the county of Camden.

missioners

1. BE IT ENACTED by the Senate and General Assembly of Street comthe State of New Jersey, That John M. Slaney, junior, John appointed. M. Paschall, James P. Michellon and Jesse W. Starr, of the township of Newton, in the county of Camden, be and they are hereby appointed street commissioners for, two years, whose duty it shall be to fix, regulate and determine the grade of the highways, roads, streets, lanes, alleys and gutters in all that part of the township of Newton lying northerly of the following described line: starting from the southeast corner of the Broadway or Woodbury road and Camden Ferry, called Market street or Kaighn's avenue; thence, along the south side of said Market street or Kaighn's avenue, in an easterly course, until the same intersects the Camden and Haddonfield turnpike road; thence, across said turnpike road, in a line with said south side of said Market street or Kaighn's avenue, in an easterly direction, to Cooper's creek, and in the line of division between the townships of Newton and Delaware; and also to fix and determine the proper height and position of all pavements or curbs hereafter to be laid or set within the limits aforesaid; provided, that the Provisograde to be established by the said commissioners in that part of the said district that lies adjacent or contiguous to the city of Camden, shall conform as near as may be to the established grade of the said city.

missioners to

2. And be it enacted, That whenever the said commission- Report of com ers shall establish the grade for the highways, roads, streets, be recorded. lanes, alleys and gutters of said district, or any part thereof, they shall make a report thereof in writing, signed by said

Grades of streets, roads,

etc.

Compensation to commissioners.

commissioners, or any three of them, and deliver the same to the clerk of the said township of Newton, who shall record the same in the minute book of the said township, which record shall be evidence of the grade as established by the said commissioners; and the said clerk shall send a copy of said report to all parties to be affected thereby, said copies being deposited in the post office, directed to the parties, at the post office nearest their place of residence, shall be deemed a sufficient sending, for which the clerk shall receive five cents for each copy served, to be paid by the township; and the service of said reports, as aforesaid, shall be sufficient notice to the said parties, and shall then be binding.

3. And be it enacted, That the said commissioners shall have power to require the owners of property in said district to grade the highways, roads, streets, lanes, alleys and gutters in front of their property; and that the overseers of the highways, and all inhabitants of said district, or the owners of lands therein, their workmen, servants and agents shall conform to the grade and regulations to be fixed and adopted by the said commissioners, or any four of them, so to be made as aforesaid, and shall alter, if need be, the same as directed by the said commissioners; and if any person or persons shall refuse to submit to the decision and regulations of the said commissioners, or any four of them, so made as aforesaid, or shall make any grade or lay any pavement, gutter or curb, or shall remove or deposit any earth or other materials in any the highways, roads, streets, alleys or lanes of said district in a manner different from the grade and regulations adopted by the said commissioners as aforesaid, he, she or they so offending shall and may be prosecuted in any court of competent jurisdiction, in the name of the inhabitants of the township of Newton, and on conviction shall pay a fine not exceeding one hundred dollars, nor less than ten dollars, at the discretion of the court before whom trial shall be had, said moneys to be appropriated to the use of the township of Newton.

of

4. And be it enacted, That the said commissioners shall have power to employ a competent surveyor or engineer to

survey the highways, roads, streets, lanes, alleys, &c., in said district, whose fees shall be paid by the said township of Newton; and that the said commissioners shall be allowed at the rate of one dollar per day when actually employed in the duties of their appointment, which fees shall be paid by the said township of Newton; and that all moneys paid by said township of Newton for the surveying of said district, or for fees of said street commissioners, shall be raised by a street tax, to be assessed on the estates of the inhabitants of said district, within the boundaries before described, and on all lands liable to be taxed therein, in the same manner as township taxes are assessed.

paving.

5. And be it enacted, That nothing in this act contained Curbing and shall be construed to compel any person or persons in the said district to curb or pave in front of his or her lands, where the same is not now curbed or paved.

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

Approved March 22, 1860.

CHAPTER CCXLII.

AN ACT concerning turnpike roads.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful for

Rates of toll.

Proviso.

Proviso.

any turnpike company in the counties of Camden and Gloucester, now entitled by law to charge toll for travelling on their turnpike road, to demand and receive toll for travelling each mile thereon, not exceeding the following rates, to wit: For every carriage, sleigh or sled drawn by one beast,

For each additional beast thereto,

one and a half cents.

one and a half cents.

For every horse or mule and rider, or led horse or mule,

five mills.

two mills.

half a mill.

For all horses, mules or cattle, in droves, each,
For all calves, sheep or hogs, in droves, each,
And according to the same rates for travelling any fraction
of a mile thereon, not less than half of a mile; provided,
that no such company shall at any time hereafter declare or
pay a dividend or dividends amounting to more than six per
cent. in any one year, on the amount of the capital stock paid
in; and shall not, directly or indirectly, retain on hand as a
surplus or safety fund more than ten per cent. of such capital
stock; and provided further, that this act shall in no wise
affect any turnpike company in said counties until they shall
have accepted the same, at a regular meeting of their board
of directors, and certified such acceptance to the secretary of
state, under their corporate seal, attested by their president
and secretary.

Approved March 22, 1860.

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