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 gate or gates without having paid the legal toll at such gates or turnpikes, such 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 again enter on the said road, with the intent to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay five dollars, to be recovered by said company for the use thereof, in an action of debt, with costs of suit.

laying travel.

16. And be it enacted, That if any toll-gatherer shall un- Penalty for denecessarily delay or hinder any traveller passing at any gate lers." or 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 by and recovered for the sole use of the person so unreasonably hindered or defrauded.

right.

17. And be it enacted, That all the drivers of the carriages, To keep to the 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 subject to an action for damages for every such offence, to be recovered with costs of suit.

road and

kept in repair.

18. And be it enacted, That if the said company shall not Penalty when keep the said road and bridges in repair, and complaint bridges are not thereof shall be made to any judge of the court of common pleas of the county of Monmouth, who may be disinterested, the said judge shall immediately appoint, by writing under his hand and seal, three disinterested freeholders of said county, who shall view said road and report to the said judge in writing, under their hands and seals, or under the hands and seals of any two of them, whether the said road so complained of be in such a state as the law requires it to be kept; and if the report be unfavorable to the said road, the said

When public roads appropriated.

Limitation.

When toll

gates to be erected.

judge shall, immediately, in writing, under his hand and seal, order the keeper of the said gate or gates, turnpike or turnpikes, to keep the same open until otherwise ordered, and if the said keeper shall, notwithstanding the order of the said judge 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 judge shall be allowed for his services fifty cents, and the persons so 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 of said company, again to view the said road or bridge, and report, as aforesaid, their opinion to the said judge, 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 appointed, or a majority of them, shall be in favor of the company, the same fees shall be allowed as before prescribed, and paid by the person or persons making the complaint.

19. And be it enacted, That the said corporation may use any portion of the public roads on the route above named, by and with the consent of three-fifths of all the landholders along or on the route of said road; and if the owners of such land shall refuse their consent, then and in that case such road or roads shall be first vacated according to law.

20. And be it enacted, That if the said road is not commenced within three and completed within five years from the passage of this act, then and in that case this act shall be void; and the said corporation shall possess the 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 when the said company shall have completed any two consecutive miles of said road, according to the directions and true intent and meaning of this act, it shall be lawful for the said company to erect a toll-gate across the said road, and demand and receive toll for travelling thereon, agreeable to the foregoing rates.

22. And be it enacted, That this act shall take effect immediately.

Approved March 14, 1863.

CHAPTER CXXXVI.

Supplement to an act entitled "An act authorizing the appointment of commissioners to lay out and map streets, avenues and squares in that part of Bergen township south of the Morris canal, in Hudson county," approved March sixteenth, eighteen hundred and fifty-seven.

1. BE IT ENACTED by the Senate and General Assembly of Repealer. the State of New Jersey, That all proceedings of the commissioners held pursuant to the act to which this is a supplement, in relation to the streets named on said map as Fiftieth and Fifty-first streets, be and are hereby declared null and

void.

and streets to

2. And be it enacted, That all roads, streets or highways How roads laid out or to be laid out hereafter, between the streets be laid out. named on said map as Forty-seventh street and Fifty-second street, shall be laid out and opened only in the form and manner prescribed by law before the passage of the act to which this is a supplement.

3. And be it enacted, That so much of the fifth section of Explanatory. the act to which this is a supplement that requires all streets, avenues and highways to be opened in accordance with said map, and not otherwise, be and the same is hereby repealed, so far as it applies to streets, avenues and highways between said Forty-seventh street and said Fifty-second street, excepting avenues A, B, D and E, as laid out in said maps.

4. And be it enacted, That all acts or parts of acts inconsistent with this act, be and the same are hereby repealed. 5. And be it enacted, That this act shall be taken to be a public act, and shall take effect immediately. Approved March 14, 1863.

Preamble.

Township

may raise

CHAPTER CXXXVII.

AN ACT to authorize the people of Union township, in the county of Union, to raise by tax an amount necessary to pay the bounties advanced to the Nine Months' Volunteers of said township.

WHEREAS, certain inhabitants of the township of Union, in the county of Union, did advance to the nine months' volunteers for the United States service, from the said township, the sum of seven hundred and fifty dollars, to aid the state in filling her quota of men called for by the governor, and relieve themselves from the odium of a draft and the severity of a conscription; and whereas, it is necessary that a law should be passed by the legislature to legalize the raising of said sum, with interest thereon, by taxation -therefore,

1. BE IT ENACTED by the Senate and General Assembly of money by tax. the State of New Jersey, That the inhabitants of said township be and the same are hereby authorized to raise, by assessment, in the same manner as other township moneys are raised, on the taxable property in said township, a sum sufficient to liquidate the said amount so advanced, with the interest thereon, as aforesaid, expended and paid in raising said volunteers.

When ordered by a majority of voters.

2. And be it enacted, That whenever such assessment shall be ordered by a majority of legal voters of said township, at their annual town meeting, the township committee of said township shall thereupon assume the payment of the sum so ordered to be assessed, which said sum shall be assessed and collected at the same time and in the same manner as other taxes are assessed and collected.

3. And be it enacted, That this act shall take effect immediately, and be taken and held as a public act.

Approved March 14, 1863.

CHAPTER CXXXVIII.

AN ACT to confirm the acts of the Board of Chosen Freeholders of the county of Somerset in raising money by taxation. to aid in the suppression of the rebellion and for the restoration of the Union.

WHEREAS, the board of chosen freeholders of the county of Preamble. Somerset, at a meeting by them convened at the court house in Somerville, in the month of August last, did order the collector of said county to borrow, on the faith of the county of Somerset, the sum of twenty-six thousand five hundred dollars, for the purpose of raising money to pay a suitable bounty to each volunteer enlisted, or who might thereafter be enlisted, as soldiers in the service of the government of the United States, under the call of the President, then lately made, through the war department, for troops to serve for nine months, in the present war for the suppression of the rebellion and the maintenance of the Union, in order thereby to avoid the odium of a draft; and whereas, said collector did so borrow said sum and did expend the same in payment of such bounties; in order, therefore, that the burthen of the payment of such sum so borrowed might fall equally and equitably on all the taxable inhabitants of said county, the said board of freeholders did direct the board of assessors of said county to assess the said sum in addition to the other taxes to be assessed, on the inhabitants and taxable property of the several townships in said county, in the same manner as the other taxes by them to be assessed for the year eighteen hundred and sixty-two; and whereas, said board of assessors, at their annual meeting in September last, did order such assessment to be made in accordance with the directions of said board of chosen freeholders, upon the inhabitants and taxable property of the said several townships in said county; and whereas, doubts have arisen as to the validity of such assessment, and as to whether the collectors of the said several townships are authorized to enforce payment of such tax so ordered to be collected, in the same manner as the payment of other taxes are enforced; for remedy whereof, therefore