Company authorized

6. And be it enacted, That it shall and may be lawful for to construct the said company to construct and make a turnpike road

turnpike road.

Proviso.

from Bridgeton to Fairton, commencing at the old saw-mill bridge, and running along the public road, as now used, to the main street of Fairton, with the privilege of straightening certain points along said road, and with the further privilege of constructing a branch to said road, commencing at the above terminus in Fairton, and extending on or near the present public road to the mill-dam of Adrian Bateman, in Cedarville, and thence to Page's Run; which said turnpike and branch shall not exceed four rods in width, thirtythree feet of which shall be sufficiently arched and drained to make and keep the same dry, and at least twenty-five feet thereof shall be sufficiently bedded and faced with stone, gravel, or other material to make a solid, firm, and even road at all seasons of the year; and it shall be so graded, that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon; and the said company shall construct, keep in repair, and make good and sufficient bridges along the line of said road, not less than twenty-two feet in width; and whenever the said road shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected and maintained on the sides, so as to prevent horses and carriages from running off; provided, that before the said company shall construct the said turnpike road as aforesaid, they shall pay to the respective owners of the lands over which the same may pass, all damages which the said owners will sustain by reason of the construction of the said turnpike road; and in case the said company and said owners cannot agree upon the amount of said damages, then the damages shall be ascertained and determined as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damages which any land-owner or owners may sustain by the taking of stone or gravel, or other materials from his or her lands, for the construction or maintaining of said turnpike road.

in case com

owners can

7. And be it enacted, That it shall and may be lawful for Proceedings the said company, their agents, superintendents, engineers, pany and and workmen, and all persons by them employed, with not agree. carts, wagons, and other carriages, and with beasts of burden and draft, and all necessary materials, tools, and implements, to enter upon all lands contiguous or near to the said road, doing no unnecessary damage thereto, and to make all such ditches and underdrains across and through such lands as may be necessary for properly draining said road; provided always, that the said company shall pay, or Proviso. make tender of payment, for all damages for the occupancy of the lands and materials to be taken by said company, their agents or workmen, before the said company, or any person in their employ, shall enter and break ground in the premises (except for the purpose of surveying said route) unless the consent of the owner or owners of said land, or their legal representatives, be first had and obtained; and if the owners of the lands and materials, as aforesaid, shall not be willing to give the same for such purpose, and the said company and owners cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, or a judge of the court of common pleas of the county of Cumberland, who is disinterested in the premises, upon application by either party, and after ten days' notice in writing to the opposite party of such application, and after hearing the parties, to appoint three disinterested commissioners, residents of this state, to assess the price or value of such materials as may be required by the said company, and all damages to be sustained by reason of their removal, who shall before they enter upon the duties of their appointment, take an oath or affirmation faithfully and impartially to execute the duties thereof; and after ten days' notice in writing, to both parties, of the time and place, shall meet, view the premises, hear the parties and evidence, if desired, and thereupon make such decision or award as to them shall appear just and proper, and transmit such award and decision in writing, under their hands and seals, or the hands and seals of a majority of them, to,

grieved may

appeal.

the clerk of the said county of Cumberland, to be by him filed as a public record, and certified copies taken, if reParties ag- quired, by either party; and if either party shall feel aggrieved by the decision of such commissioners, the party so aggrieved may appeal to the circuit court of the said county at the first term to be holden after such decision of the commissioners by proceeding in the form of a petition to the said court, with at least five days' notice, in writing, to the opposite party of such appeal, which appeal shall vest in the court full right and power to hear and adjudge the same; and if required, they shall award a venire in the common form for a jury before them, who shall hear and finally determine the same; and it shall be the duty of said jury to assess the value of said materials, and all damages sustained, and for that purpose to view the premises in question, if required by either party so to do; and if the said jury be demanded by the company, and they shall find a greater sum than the said commissioners, then judgment shall be given, with costs of suit against said company, and execution issue if need be; but if the said jury be demanded by the owner or owners, and shall find the same, or a less sum than the commissioners award, then the costs shall be paid by the owner or owners, and shall be deducted out of the sum so awarded, or execution may issue therefor, as the court may direct; and upon payment or tender of the sum so found by the commissioners, or by the jury, with costs, if any, the said company may enter upon and remove all such earth and other materials as have been so appraised as aforesaid; and in case any owner or owners of such lands and materials shall be feme covert, under age, non compos mentis, out of the state, or under any other legal disability which would prevent their agreement with the said company, then it shall be the duty of the said corporation to pay the amount of any award or report so made in behalf of any such persons, into the court of chancery, to the clerk thereof, subject to the order of said court, for the use of the said owner or owners: all which proceedings, as well under this as under the seventeenth section of this act, shall be

at the proper costs and charges of the said company, except in cases of appeal, as above provided.

8. And be it enacted, That as soon as the said company Rates of toll. shall have constructed the said turnpike road, according to the directions of this act, and the true intent and meaning thereof, it shall and may be lawful for the said company to erect gates or turnpikes across the same, and to demand and receive toll for traveling along the same, and to demand and receive toll for traveling each mile of said road not exceeding the following rates, to wit:

For every carriage, sleigh, or sled drawn by one beast, one cent,

And if drawn by two, two cents per mile.

For every additional beast, five mills.

For every horse and rider and led horse or mule, five mills. For every dozen of calves, sheep, or hogs, five mills. For every dozen of horses, mules, or cattle, two 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 swine, or carriages of burden or pleasure from passing through the said gates or turnpikes until they shall have paid the toll above specified; provided, that no- Proviso. thing in this act shall be construed so as to entitle the said company to demand or receive toll of or from any person passing to or from public worship on the sabbath day, or to and from any mill to which he may usually resort for grinding of grain for his family's use, or horses, carriages, sleighs, or sleds carrying persons to or from a funeral, or any person passing to or from his common business on his farm, or any militiaman passing to or from any training on a muster day appointed by law, or any other military officer or soldier passing or repassing, when called to do duty by the laws of this state or of the United States.

to be erected.

9. And be it enacted, That before the said company shall Mile-stones receive toll for traveling on said turnpike road, they shall cause mile-stones or posts to be erected or maintained, one for each and every mile on the same, and on each stone or

Penalty for injuring works.

Penalty for taking illegal tolls.

Penalty for obstructing passage.

post shall be legibly marked the distance the said stone or post is from Bridgeton.

10. And be it enacted, That if any person shall wilfully break, throw down or deface any of the mile stones or posts so erected on the said road for the information of the people traveling the same, or wilfully tear down or deface any of the printed rates of toll or directions, or shall cut, break down or destroy or otherwise injure or destroy 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 gates or turnpikes, such person shall forfeit and pay the sum of twenty dollars, besides being subject to an action of 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 carriage, team or horse, turn out of said road to pass a gate or gates on private ground adjacent thereto, and again enter thereon, so as to avoid the toll due by virtue of this act, such person or persons shall forfeit and pay the sum of five dollars to be recovered by the said company, for the use thereof, in an action of debt with costs of suit.

11. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any traveler passing at any of the gates or turnpikes, or shall demand or 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 and recovered for the sole use of the person so unreasonably hindered or defrauded.

12. And be it enacted, That all drivers of 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 the said highway in the passing direction, leaving the other side of the same free and clear for 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