Rates of toll.

Proviso.

the said owner or owners to recover the amount of 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 twenty 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 or judge, commissioners, clerks, and other persons performing any of the duties prescribed in this section as he shall think equitable and right, which shall in all cases be paid by the company.

13. And be it enacted, That as soon as the said company shall have constructed the said road in a workmanlike manner, according to the several directions in the eleventh section, and true intent and meaning of this act, it shall and may be lawful for the said company to erect gates or turnpikes across the said road, and to demand and receive toll for travelling each mile, and all fractions over half a mile of said road, not exceeding the following rates, to wit: For every carriage, sleigh, or sled drawn by one beast, one

cent.

For every additional beast, one cent.

For every horse and rider, or led horse or mule, five mills.
For every dozen calves, sheep, or hogs, five mills.
For every dozen of horses, mules, or cattle, four 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 hogs, or carriages of burthen or
pleasure from passing through the said gates or turnpikes
until they shall have paid the toll as above specified; pro-
vided, that nothing 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 or from any mill to which he may usu-
ally 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 com-

mon business on his farm, or any militiaman passing to or from any training on a muster day appointed by law, or any other militia 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.

14. And be it enacted, That before the said company shall Mile-stones receive toll for traveling said road, they shall cause milestones or posts to be erected and maintained, one for each. and every mile in use on said road, and on each stone or post shall be fairly and legibly marked the distance the said stone or post is from the line dividing the townships of Howell and Freehold, and shall cause to be fixed and always kept at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of toll which may be lawfully demanded, and also a board, on which shall be printed in large letters, "Keep to the right, as the law directs."

injuring

15. And be it enacted, That if any person shall wilfully Penalty for break, throw down, or deface any of the mile-stones or works. posts so erected on the said road, 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 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 persons 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 action, in any court of competent jurisdiction, with costs of suit; and if any person with his or her carriage, team, or horse, turn out of said road, to pass a gate or gates on private grounds adjacent thereto, and again enter on said road, with 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 toli 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.

Penalty for taking illegal toll.

Penalty for obstructing passage.

Proceedings in case road

are not kept in repair.

16. And be it enacted, That if any toll-gatherer unnecessarily delay or hinder any traveler, passing at any of the gates or turnpikes, or shall demand and 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.

17. 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 direc tions, leaving the other side of the said 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.

18. 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 judge of the court of common pleas of the county of Monmouth, who shall immediately appoint, by writing, three freeholders of said county, who shall view the said road and report in writing, under their hands and seals, or under the hands and seals of 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 judge shall immediately, under his hand and seal, order the keeper of the gates or turnpikes to keep open the same until otherwise ordered; and if the said keeper shall, notwithstanding the order of the said judge, refuse to open the said gates or turnpikes, and exact toll of travelers, 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 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 or bridge, and report, as aforesaid, their opinion to
the said judge, who shall, if authorized by the report of the
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 di-
rected; 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.

may erect

19. And be it enacted, That whenever the said company Company shall have completed said road, according to the directions gates. and true intent and meaning of this act, it shall be lawful for the said company to erect toll gates across said road, and demand toll for travelling thereon agreeably to the foregoing rates.

may use

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

ment and of work.

21. And be it enacted, That if said road be not commenced Commencewithin two years, and completed within four years from completion the passage of this act, that then and in that case, this act shall be void and of no effect.

Approved March 7, 1858.

Names of corporators.

General powers.

CHAPTER CIII.

AN ACT to incorporate "The United States Patent Grain Huller Company."

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That Richard Morrell, Robert Gilchrist, junior, William L. Hanford, David Collins, Robert Morrell, Peter Gordon, and Henry R. Smeltzer, and the survivors or survivor of them, their successors and assigns, and all persons who shall become owners of the stock of the said company, their successors and assigns, shall be, and they are hereby constituted and declared a body politic and corporate in fact and in law, by the name of "The United States Patent Grain Huller Company;" and by that name they may sue and be sued, plead and be impleaded in all courts and places, and have continual succession, make and have a common seal, and alter the same at their pleasure; and that they and their successors, by the same name, shall be able and capable in law to acquire, purchase, receive, have, hold, and enjoy any, and all letters patent, or any part thereof, issued or to be issued, whether one or more, for any and all improvement and improvements in the mode of hulling or cleaning grain, and any invention, or any part thereof, or machine for the same purpose (for which a patent has been, or shall be granted for or in the United States); and to issue so much of the stock of said company for such purchase, as the owners present or future of said letters patent, inventions, and improvements, may agree with said corporation to take therefor; and the said inventions and improvements and machines, or any part thereof, and the said letters patent issued, or to be issued, or any part thereof, or the whole or any part thereof, in any specific territory, or in the whole United States, to assign, sell, and dispose of, and to license any person or persons, body politic or corporate to use and practice the said invention and inventions, in any place or places what