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of said road, not less than twenty feet in width; and whenever said road is or shall be raised, so much at the margin thereof as to render carriages passing thereon liable to overset, said company shall cause sufficient railings to be erected and maintained on the side to prevent horses and carriages from running off.

turnpike on

9. And be it enacted, That it shall be lawful for said com- May locate pany to locate and construct the said turnpike road, on any any public of the public highways, between the commencement and ter- highway. mination thereof, and in those places where the said public highways are not straight, then in those places the said company shall have power to construct the said turnpike road where they may deem proper, in order to make the said turnpike road straight; provided, by due proof to the satisfaction Proviso. of the inferior court of common pleas of the county of Ocean on application on behalf of said company, it be shown that a majority of the land owners adjoining any of said highways in said township, have, by their signatures, approved the same; and when such proof is so produced, the said court shall cause an adjudication thereof to be entered in the minutes of the court.

session of

10. And be it enacted, That when such adjudication shall May enter on be made and entered, it shall be lawful for said company, by and take posits officers, agents and employees to enter upon, take posses- highways. sion of, hold, use, occupy, and excavate said highways, within such township where said landowners have so approved the same, and to erect embankments and bridges, and do all other things necessary or expedient to carry into effect the objects of this act; also to open to a width of not exceeding fifty feet, any of said highways, in cases where such public highways are of less width than fifty feet, compensating the owner or owners for the land taken to supply the deficiency, or if the company and the owner cannot agree, proceeding according to the provisions of the twelfth section of this act.

11. And be it enacted, That it shall be lawful for said Right to enter president and directors, the officers and employees, to enter on lands, &c. at any time upon any lands or waters, for the purpose of exploring, surveying, levelling and laying out the route of said turnpike road, doing no unnecessary damage to private property, and when the route of said turnpike road, or any five consecutive miles thereof shall have been determined upon, and a survey thereof filed in the office of the clerk of the

Proviso.

Proceedings

in case no

owners of pro

perty.

county of Ocean, to enter upon, take possession of, have, hold, use, occupy and excavate any such lands, to erect embankments and bridges thereon, and to do all things necessary or expedient to carry into effect the object of this act; also to search for and take sand, gravel, clay, stone, and such other material for the construction and use of said road; provided, always, that the said corporation shall pay, or tender payment for, all damage for the occupancy and right of way over such lands, and sand, gravel, clay, stone and other materials to be taken, before entering or breaking ground in the premises, except for the purpose of surveying said route, unless consent in writing of the owner of said lands be first obtained.

12. And be it enacted, That if any of the owners of such agreement can required lands or materials, not being part of such public be made with highways, cannot agree with said company as to the amount of compensation to be paid for such materials, or the right of way over such lands, or where by reason of the legal incapacity or absence of such owner or owners such agreement cannot be made, a particular description of such required land or materials shall be given in writing, under oath or affirmation by some proper agent of the company, and also the name or names of the occupants, if any, and of the owner or owners, if known, and their residence, if the same can be ascertained, to one of the justices of the supreme court of this state, who shall cause said company to give notice thereof to the persons interested, if known and residents in this state, and if unknown or out of this state, to make publication thereof as he shall direct, for any term not less than twenty days, assigning a particular time and place for the appointment of commissioners hereinafter named, at which time and place, upon evidence satisfactory to him of the service or publication of such notice aforesaid, and after hearing the parties, if they desire, he shall appoint under his hand and scal three disinterested freeholders of the county of Ocean commissioners to examine and appraise said materials or the right of way over said lands, and determine the amount of compensation to be paid for the same; and it shall be the duty of said commissioners, having first taken and subscribed an oath or affirmation before some competent officer, faithfully and impartially to examine the matters in question, and to make a true report according to the best of their skill and understanding, to meet at the time and place

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appointed, and proceed to examine lands or materials, and
equitably and justly to appraise the said materials, or the right
of way over said lands, and to fix the compensation to be
paid for the same; and said commissioners, or any two of
them that shall make a report in writing, under their hands,
of the amount of such appraisement and compensation to be
paid, which report, and the said description of lands and
materials, the said appraisement and oath of commissioners
shall within ten days thereafter be filed in the office of the
clerk of the county of Ocean, to remain of record therein;
and the said report, or a certified copy thereof, shall be
plenary evidence of the right of said company to have, hold,
use, occupy and possess the said materials and the right of
way over the said lands, and of the right of said owners to
recover the amount of such appraisement from said company
in an action of debt with costs of suit, if the shares remain
unpaid twenty days after demand made, and until such amount
be paid, it shall constitute a lien upon the property of the
said company in the nature of a judgment, and the said
justice of the supreme court shall tax the costs, fees and ex-
penses of this proceeding to be paid as he shall think just;
and in case of the legal incapacity of such owner or owners,
the amount of such appraisement shall be paid to the clerk
of the court of chancery for the use of such owner or owners,
subject to the order of said court.

13. And be it enacted, That either party may appeal from Proceedings the decision of such commissioners to the circuit court of the in case of appeal. county of Ocean at the next term thereof after such decision, by proceeding in the form of petition to said court with five days notice to the opposite party of such appeal, which court shall have full power and jurisdiction, by the verdict of a jury, if agreed by either party to hear and finally determine the same, and if the amount of such appraisement be increased the said company shall pay the costs of said appeal, and if the same be decreased the said owner or owners shall pay said costs, and if need, judgment may be entered in the minutes of said court for the amount of such verdicts, and for the costs of either of them.

and receive

14. And be it enacted, That whenever one mile of said May demand turnpike road shall be completed, the said company may erect toll. gates and turnpikes across the same, and demand and receive for each mile of said completed road traveled, toll at the following rates, to wit:

Rates of toll. For every carriage, sleigh or sled drawn by one beast,

Shall cause

mile stones to be erected.

Penalties for injuries or avoidance of toll.

Drivers shall keep to the right.

For every additional beast,

For every horse and rider, fed horse or mule,
For every dozen cattle or horses, mules, calves,
sheep or hogs, and so in proportion for a greater
or less number,

two cents;

two cents;

two cents;

ten cents;

and it shall be lawful for any toll gatherers of said company to stop any vehicle or beast or beasts from passing through any of said gates or turnpikes, until toll as above specified has been paid for them.

15. And be it enacted, That before the said company shall demand or receive toll, they shall cause a mile stone or post for each mile of said road to be erected and maintained on the side thereof, and on each stone or post shall be fairly and legibly marked on one side the distance from Forked river, and on the other the distance from Barnegat, and shall cause to be affixed and always kept at said gates, in some conspicuous place, a list of the rates of toll which may be lawfully demanded.

16. And be it enacted, That if any person shall wilfully break, throw down or deface any of said mile stones or posts, or wilfully cut, break down, destroy or deface, or otherwise injure any toll gate, turnpike or bridge belonging to said road, or shall forcibly pass any of the said gates or turnpikes without having paid the legal toll, such person or persons shall forfeit and pay the sum of twenty dollars, besides being subject to an action for damages to be recovered by action of debt, or other prosecution and costs of suit by the said company for their use; and if any person shall, with his team, carriage or horse, turn out of said road to pass a gate or turnpike with intent to avoid the toll due, he shall forfeit and pay ten dollars, to be recovered by said company to their use in an action of debt with cost of suit.

17. And be it enacted, That all persons using said road shall keep their horses, carriages, sleighs, or sleds of burthen or pleasure, on the right hand of said road, in the passing direction, leaving the other side of the road free and clear for the carriages or persons on horseback to pass; and if any person or persons shall offend against this provision, such person or persons shall, besides being liable for all damages, forfeit and pay to any person or persons injured or obstructed

in his passage, five dollars, to be recovered by such person in an action of debt with costs of suit.

shall cease to

18. And be it enacted, That all such parts of any public Highways highway as shall be taken for said turnpike road by virtue of be public road this act, shall cease to be a public road or highway so long as the same shall be used for said turnpike road.

19. And be it enacted, That this act shall take effect imme

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An Act to incorporate the Mechanics Savings Bank of Elizabeth.

porators.

1. BE IT ENACTED by the Senate and General Assembly of Names of corthe State of New Jersey, That Aaron Q. Thompson, Henry DeCasse, Anthony W. Dimock, George W. Tubbs, James T. Wiley, Thomas B. Budd, Jacob Seiple, Frederick Terhune, Ferdinand Blancke, James C. Denman, Chauncy Harris, Robert Wescott, John Q. Sloan, George F. Meyer, Horace F. J. Drake, Andrew Dutcher, John Engel, John McCord, S. Winans Whitehead, Meyer Sontheimer, Thomas B. Leggett, William McKinly, James Higgins, William Conolly, Jacob Schultheis, Anthony Stein and their successors, shall be and are hereby constituted a body corporate and politic, by the name of "The Mechanics' Savings Bank," and by that Corporate name shall be capable of purchasing, taking, holding and name. enjoying to them and their successors, any real estate in fee simple or otherwise, and any goods and chattels, or personal estate which shall be necessary for the purposes herein mentioned, and of selling, leasing, or otherwise disposing of said real and personal estate, or any part, at their will and pleasure; provided, always, that the clear annual value of such Proviso. 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 thousand dollars. 2. And be it enacted, That the said institution shall be

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