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 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 traveling 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, one and a half cents; one and a half cents; two cents; Rates of toll. For every dozen of calves, sheep or hogs, For every dozen of horses, mules or cattle, 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 carriges of burthen or pleasure from passing through the said gates until they shall have paid the toll as above specified; provided, that nothing in this act Proviso. 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. 15. And be it enacted, That before said company shall receive toll for traveling said road, they shall cause mile posts Shall cause mile stones to be erected toll posted. to be erected and maintained, one for each and every mile on said road, and on each and every post or stone shall be legiand rates of bly and fairly marked the distance the said stone or post is from the borough of Hightstown, 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." Penalties for avoidance of toll. Penalty for delaying travelers. Penalty for road. 16. And be it enacted, That if any person shall willfully 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 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, obstructing sleighs or sleds of every kind and description, whether of 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 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 sub ject to an action for damages for every such offence to be recovered with costs of suit. when road and not kept in 19. And be it enacted, That if said company shall not Proceelings keep said roads, bridges and railings in repair, it bridges are shall be the duty of any judge of the court of common repair. pleas of the county of Mercer, 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 parts complained of, and after hearing the parties, it 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 counties 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 com. pany 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 of 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 in 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. Notice to be given of the time.for re 20. And be it enacted, That when the said company shall 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 this act shall be taken and construed to be a public act, and that the said corporation shall possess 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 the above commissioners or a majority of them are hereby appointed to open subscripceiving sub- tions to the capital stock, at such times and places as they or a majority of them may direct, giving notice thereof, at least twenty days prior to the opening of said books, by publishing the same in a newspaper in the county of Mercer. scriptions. 24. And be it enacted, That this shall take effect immediately. Approved March 17, 1870. Names of cor porators. CHAPTER CCCCXL. An Act to incorporate the Ocean County Savings Bank. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That G. P. Smith, D. U. Brigham, Theodore Leavenworth, E. Dickenson, A. Jameson, David Perkins, S. Lewis, D. C. Litchfield, A. M. Bradshaw, Isaac A. Van Hise, M. L. Maine, A. H. Dashielle, F. M. Marsten, name. C. H. Applegate, Robert Campbell and John Torrey, junior, be and they are hereby constituted a body, politic and cooperate by the name of "The Ocean County Savings Bank," Corporate and by that name shall be capable of purchasing. taking, holding, and enjoying to them and their successors, any real estate in fee simple or otherwise, and any goods and chattels and personal estate which shall be necessary for the purposes herein mentioned, and of selling, leasing, or otherwise disposing of the said real and personal estate or any part thereof at their will and pleasure; provided always, that the Proviso. clear annual value of such real and personal estate, exclusive of the profits that may arise from any investments in which the deposits may be made, shall not exceed the sum of twenty five thousand dollars. 2. And be it enacted, That the several persons named in Election of the first section of this act, and their successors, shall be managers. managers of said corporation, and any five members of said. managers present at any meeting shall constitute a quorum for the transaction of all business; the managers shall meet annually on the first Monday in April in each year; they shall elect a president, vice president and such other officers as they may see fit from their own body, and all vacancies in the board of managers, or among the officers by death, resignation or otherwise, shall be filled by the board of managers at their first regular meeting after such vacancies shall occur, by ballot, and the persons having the majority of the whole number present and voting, shall be considered as duly elected, and not otherwise; all officers shall hold office for one year, or until others are appointed and qualified, and all officers shall be under oath for the faithful performance of the duties of their offices respectively, and shall give security if required, for the faithful execution of the duties of their office, in such sum or sums, and such securities as may be directed and approved by the board of managers. May make by laws. 3. And be it enacted, That the board of managers shall from time to time have power to make, ordain and establish such by laws and regulations as they shall judge proper. for the election of their officers, for prescribing their respective duties, for regulating the times and places of meetings of the officers and managers, and for the transacting, managing and directing the affairs of the institution; provided always, Proviso. that such by-laws and regulations shall not be repugnant to the constitution and laws of this state, or of the United |