Penalty for taking illegal tolls. Penalty for obstructing passage. Proceedings in case road are not kept in repair. horse, turn out of the said road to pass a gate or gates, on private grounds adjacent thereto, and again enter on said road with the 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 the said company, for the use thereof, in an action of debt, with costs of suit. 17. And be it enacted, That if any toll-gatherers shall unnecessarily delay or hinder any traveller passing at any of the gates and turnpikes, 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 by and recovered for the sole use of the person so unreasonably hindered or defrauded. 18. And be it enacted, That all the drivers of carriages, 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 directions, leaving the other side of the road free and clear for other carriages or persons on horseback to pass; 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. 19. And be it enacted, That if the said company shall not and bridges keep the said road and bridges in repair, and complaint thereof shall be made to any justice of the peace of the said county of Monmouth, who may be disinterested, the said justice shall immediately appoint, by writing, under his hand and seal, three of the township committee of the township wherein the cause of complaint arose, or if it be on the line of any two townships, of either of said townships, which three persons, being disinterested in said road, or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said justice may appoint; and having taken an oath or affirmation to act impartially, shall proceed to view and examine said road so complained of, and report to the said justice in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such state as the law requires it to be kept, and if the report be unfavorable to the said road, said justice shall immediately, in writing, under his hand and seal, order the keeper of the said gate or turnpike to keep open the same until otherwise ordered, and if the said keeper shall, notwithstanding the order of the said justice to open the said gate or turnpike, exact toll of travellers, he shall, for each offence, forfeit and pay twenty dollars, to be sued for by any person who will prosecute for the same, in an action of debt, with costs of suit, and the justice shall be allowed for his services fifty cents, and the persons appointed one dollar each, to be paid by the company; and it shall be the duty of the persons so appointed, or a majority of them, on application from said company, again to view the said road, and report as aforesaid their opinion to the said justice, who shall, if authorized by the report of said persons, or any two of them, by license 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 said fees shall be allowed and paid as before directed; but if, on the first view, as before mentioned, the report of the persons ap pointed shall be in favor of the company, the same fees shall be allowed as before prescribed and paid by the persons making the complaint; and in case three of the township committee aforesaid are not disinterested, then the said justice shall appoint, in the same manner above prescribed, one or more respectable freeholders in the township or townships, who may be disinterested, to serve in the place and stead of any member or members of the township committee so disqualified. road is not completed in certain time. 20. And be it enacted, That if the said road is not com- Act void if menced within three, and completed within five years from the passage of this act, that then and in that case this act shall be void; and the said corporation shall possess the When gates may be erected. Corporation may use public road. several powers, and be subject to the restrictions and liabilities contained in the act entitled "An act concerning corporations," approved the fourteenth day of February, one thousand eight hundred and forty-six, so far as the same are applicable. 21. And be it enacted, That whenever the said company shall have completed any three consecutive miles of said road, according to the directions and the true intent and meaning of this act, it shall be lawful for the said company to erect a toll-gate across said road, and demand and receive toll for travelling thereon, agreeably to the foregoing rates. 22. And be it enacted, That the said corporation may use any portion of the main public roads on the route above named, by and with the consent of three-fourths of all the landholders along or on the route of said road; and if three-fourths of the owners of such lands shall refuse their consent, then and in that case such road shall be first vacated according to law. 23. And be it enacted, That this act shall take effect immediately. Approved February 26, 1858. Preamble. CHAPTER LXIII. AN ACT to confirm a title of lots in the city and township of Burlington. WHEREAS, Samuel R. Wetherell and Ann, his wife, by in- forty-nine, and recorded in book Y 4 of deeds, page 6, &c., in the clerk's office of Burlington county, in the State of New Jersey, granted and conveyed to Dr. William Wright, in fee, a tract of land situate partly in the city of Burlington and partly in the township of Burlington, and county of Burlington aforesaid; and the said Dr. William Wright had the same divided into lots, and opened streets through the same, and the said lots were then allotted to the several owners and purchasers by lot or ballot, and after such allotment conveyances were made by the said Dr. William Wright and wife to the several purchasers thereof; and whereas it is desirable that the validity of the titles made in this manner be established-therefore, conveyances confirmed. 1. BE IT ENACTED by the Senate and General Assembly of Sales and the State of New Jersey, That the grant, sale, or conveyance of lands heretofore bona fide made and executed or hereafter to be made and executed for the above described lots of land and premises embraced in the said conveyance from Samuel R. Wetherell to Dr. William Wright, as aforesaid, and made by allotment in manner aforesaid, shall not be deemed, held or adjudged invalid, or defective, or insufficient in law, or avoided or prejudiced by reason that the same has or have been or shall be made in manner aforesaid, but shall be deemed as good, valid, and effectual in law, for transferring, passing, and conveying the estate, right, title, and interest of such grantor or grantors of, in and to the lands mentioned in the same, as if such sales and conveyances were effected without such allotment as aforesaid. Approved February 26, 1858. Provisions of former act extended. Boundaries of village. CHAPTER LXIV. AN ACT to extend the provisions of the act entitled "An act to prevent horses, cattle, sheep, and swine from running at large in the townships of Hackensack and Harrington, in the county of Bergen, approved February twelfth, eighteen hundred and fifty-two," to the village of Plainfield, being partly in the township of Plainfield, in the county of Union, and partly in the township of Warren, in the county of Somerset, and to the township of Hohokus in the county of Bergen. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the act entitled "An act to prevent horses, cattle, sheep, and swine from running at large in the townships of Hackensack and Harrington, in the county of Bergen, approved February twelfth, eighteen hundred and fifty-two," and all the benefits and provisions of said act be and the same are hereby extended to the village of Plainfield, being situate partly in the township of Plainfield, in the county of Union, and partly in the township of Warren, in the county of Somerset, and to the township of Hohokus in the county of Bergen. 2. And be it enacted, That the boundary line of said village of Plainfield shall be defined as follows: beginning at the house of Isaac F. Randolph, in the township of Plainfield, and running across Greenbrook to the house of Richard Manning, in the township of Warren; thence running in a direct line to the house of Jeptha Clawson; thence in a straight line across Greenbrook to Daniel Martin's house, and from thence a straight line to the place of beginning. 3. And be it enacted, That this act shall take effect immediately. Approved February 26, 1858. |