plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the said land or materials after the payment of the value and damages so assessed, and of the right of the said owner or owners to recover the amount of the said valuation, with interest and costs, 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 thirty days after demand made of their treasurer, and shall constitute a lien upon the property of the company in the nature of a mortgage; and the said justice or judge shall tax and allow such costs, fees and expenses to the justice, commissioners, clerk and other persons performing any of the duties prescribed in this section, as he shall think equitable and right, which, in all cases, shall be paid by the company. gates and de 14. And be it enacted, That as soon as the said company May erect shall have constructed said road in a workmanlike manner, mand and re. according to the several directions in the twelfth section, and ceive toll. the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates across said road, and to demand and receive toll for travelling each mile and all fractions over a half 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, Rates of tol. one cent; one cent; one cent; two cents; six 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 burthen or pleasure. from passing through the said gates until they shall have paid the toll as above specified; provided, that nothing in Proviso. this act shall be construed so as to entitle said company to demand or receive toll from any one on the Sabbath day, or horses, carriages, sleighs or sleds carrying any persons to or from any funeral. Shall cause be erected 15. And be it enacted, That before said company shall receive toll for travelling said road, they shall cause mile- nile stones to posts to be erected and maintained, one for each and every and rates of mile on the said road, and on each and every post or stone shall be legibly and fairly marked the distance the said stone toll posted. Penalties for injuries or avoidance of toll. Penalty for delaying travelers Drivers shall keep to the right. or post is from Spotswood, and shall cause to be fixed, and always to be kept up at the gates aforesaid, in a conspicuous place, a printed list of toll which may be lawfully demanded, and also a board on which shall be painted in large letters, "keep to the right as the law directs." 16. And be it enacted, That if any person shall wilfully break down, throw down or deface any of the mile posts so erected on said road, or willfully tear down or 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 gate or gates, such person or 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 off the said road to pass a gate or gates, 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 one dollar, to be recovered by said company for the use thereof in an action of debt with costs of suit. 17. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any traveler passing at any of the gates, or shall receive more toll than is by this act established, the company shall for every such offence forfeit and pay the sum of ten dollars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably detained or hindered. 18. And be it enacted, That all the drivers of the carriages, sleighs or sleds of every kind and 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 direction, leaving the other side of the road free and clear for carriages or persons on horseback, 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 shall also be subject to an action for damages for every such offence to be recovered with costs of suit. when road and 19. And be it enacted, That if said company shall not Proceedings keep said roads, bridges and railings in repair, it shall be bridges are not the duty of any judge of the court of common pleas of the kept in repair. county of Middlesex, who may be disinterested, upon complaint being made to him in writing, stating the bridge or part of the road that is out of repair, specifying the particular defect, and after four days' notice in writing given to the president or any of the directors of said company, specifying the parts complained of, and after hearing the parties, if the company have not repaired said bridge, road, or railing as specified, to appoint under his hand and seal, three judicious freeholders not interested in said road, being residents of said county and non-residents of the townships through which the said road is located, who, having been duly qualified and sworn to act impartially in the case, shall proceed to view and examine the parts complained of, and report to said judge in writing, signed by them or any two of them, whether the said road is in such state as the law requires it to be kept; and if the report be unfavorable to said road, then said judge shall immediately, under his hand and seal, in writing, order the keeper of the gate or part complained of, to keep the said gate open until otherwise ordered, and if said keeper after service of a copy of said order upon him shall, notwithstanding the order of said judge to open said gates or turnpike, exact toll of travelers, the said company shall forfeit and pay twenty dollars for each offence, to be sued for by any person who shall prosecute for the same in an action of debt, with costs of suit; and the said judge shall be allowed for his services one dollar, and the persons appointed to view the road one dollar each, to be paid by the company, and upon due proof before said judge that said company repaired or mended said road, bridge or railing in the particular complained of, he shall by an order in writing, 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 same fee to be allowed and paid as before directed; but if upon the view as before mentioned, the report of the persons appointed, or a majority of them, shall be favor of the company, the same fee shall be allowed as before prescribed, and shall be paid by the person or persons making the complaint. 20. And be it enacted, That when the said company shall When toll may be demanded General pow ers. Limitation. have completed any one mile of said road according to the directions and true intent and meaning of this act, it shall be lawful for said company to erect a toll gate across said road, and demand and receive toll for traveling thereon agreeably to the foregoing rates. 21. And be it enacted, That the said corporation shall possess all the general powers, and be subject to the restrictions and liabilities contained in the act entitled "An Act concerning corporations," approved February fourteenth, eighteen hundred and forty-six, and the supplements thereto as far as the same are applicable. 22. And be it enacted, That if the said road be not commenced 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. 23. And be it enacted, That this act shall go into effect immediately. Approved March 10, 1870. Township thorized to receive and hold in trust bequests for public parks. CHAPTER CCI. An Act to enlarge the powers of the Township Committee of 1. BE IT ENACTED by the Senate and General Assembly of committee au- the State of New Jersey, That the township committee of Landis township, in the county of Cumberland, are hereby empowered to receive and hold in trust, for the use of the inhabitants of said township, any gift or bequest of real or personal property that has been or may be made to them by any person or persons for public parks, and to make such use of them under such conditions and regulations as the grantor or grantors shall direct, and to keep the same in order by expending such sums of money as the inhabitants may vote to be expended at their town meeting; and to erect such buildings and make such improvements thereon as may be neces sary for the full enjoyment thereof by the inhabitants of said township. shade trees. 2. And be it enacted, That where parties neglect to plant Planting of shade trees, as required by an act entitled "An Act to establish a new township in the county of Cumberland, to be called the township of Landis, approved March seventh, eighteen hundred and sixty four, it shall be optional with said township committee, either to direct the town superintendent of public roads, to plant shade trees where such parties neglect so to do, or to proceed against said delinquents for the penalty as provided by the aforesaid mentioned act; the expenses of planting said shade trees to be charged against said land and collected the same as ordinary taxes. grade of sidewalks. 3. And be it enacted, That the said township committee May establish shall have full power to establish, regulate, construct and streets and maintain the grade of the streets and sidewalks of said township of Landis, and to construct and maintain sidewalks and crosswalks out of such materials as they may think proper, and provide for the keeping of said streets and sidewalks free from obstructions. 4. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved March 10, 1870. CHAPTER CCII. A Supplement to the act entitled "An Act to Incorporate the Columbia Delaware Bridge Company," passed March seventh, eighteen hundred and thirty-nine. sessment of 1. BE IT ENACTED by the Senate and General Assembly of Proceedings the State of New Jersey, That in all cases where freeholders in case of ashave now been appointed or shall hereafter be appointed by damages. any justice of the peace according to the directions of the ninth and fourteenth sections of the act to which this is a supplement, to assess damages for the matters set forth in the said fourteenth section of the said act, it shall be the duty of |