Company authorized to build bridge. Company to keep bridge in repair. Rate of toll. that this charter shall not be defeated nor avoided by reason of irregularity or want of such election. 11. And be it enacted, That it shall be lawful and the duty of the said company to build a bridge over and across Passaic river, at some point between Zabriskie's landing and the Dundee dam; the said bridge to be at least sixteen. feet in width, except the draw, which may be twelve feet, with good and sufficient side rails for the safety of travellers; and if built below the head of navigation, to construct a convenient draw or swing therein, of at least thirty feet opening, to be placed in the most convenient place for the navigation of said river. 12. And be it enacted, That the said company shall at all times, after building the said bridge, support, uphold and maintain the same, and at all times keep it in good repair, and safe for those who may have occasion to pass over said bridge with their horses and carriages or otherwise, and may, if the said bridge should be carried away by any cause, rebuild the same; and in case the said company shall neglect or refuse to keep the bridge in good repair, the freeholders of the counties of Passaic and Bergen may at their discretion take possession of said bridge, and the said company shall forever thereafter be debarred from taking any tolls from any person or persons who shall pass over said bridge. 13. And be it enacted, That it shall be lawful for the said company at all times to take, demand and receive of and from every person or persons, who shall pass over the said bridge, when they shall enter upon the same, the following rates of toll, and no more, that is to say: For every person on foot, one cent. For every person on horse or mule, three cents. For all wagons, carts, sleighs, or sleds drawn by one horse, mule or ox, each four cents. For all one-horse pleasure carriages, each six cents. For all two-horse pleasure carriages or stages, each ten cents. For all two-horse mule or ox wagons, carts, sleighs or sleds, eight cents. For all four-horse mule or ox carriages of every kind, ten cents. For all horned cattle or horses, two cents. For all hogs, calves and sheep, one cent. And all other articles and things not herein enumerated to be in equitable proportion; provided always, that said directors have power to reduce said rates. &c., may be until toll 14. And be it enacted, That it shall be lawful for any toll Persons, gatherer having charge of said bridge, to stop any person stopped on foot, every person, horse or mule, with or without is paid. wagons, carts, sleighs or sleds, all pleasure wagons, and all horned cattle, horses, hogs, calves and sheep, from passing over said bridge, until the toll, as above specified, shall have been paid; provided, that the provisions of this and Proviso. the next preceding section of this act shall not apply to or be enforced against any person or persons who may wish. to pass over said bridge upon occasion of, and in attendance upon, any funeral procession, or in returning therefrom, or who may upon the first day of the week, commonly called Sunday, desire to pass the same in going to or returning from divine service at the place or places at which they usually attend the same. injuring 15. And be it enacted, That if any person or persons Penalty for having the command of any vessel, shall, by their neglect, bridge. do any damage to said bridge or draw, or keep it open more than fifteen minutes, when the same is not absolutely necessary for the passage of some masted vessel or boat, shall forfeit and pay the sum of twenty-five dollars, and also be liable for all damage that may be done to said bridge or draw, to be recovered in an action of debt before any court having competent jurisdiction, with costs of suit. powers. 16. And be it enacted, That the said corporation shall General possess the general powers, and be subject to the restric tions and liabilities, contained in the act entitled "An act concerning corporations," approved the fourteenth day of February, eighteen hundred and forty-six, and the acts Company may con supplementary thereto and amendatory thereof, so far as the same are applicable. 17. And be it enacted, That the said company, after having struct roads. purchased the right of way, may construct roads on either side of said river, from the said bridge to the public roads, and put and keep the said roads in good condition and repair, in order to maintain a good and safe way for the passage of public travel. Approved March 8, 1859. Register of deeds to be elected. Time of election. CHAPTER LXVIII. AN ACT to establish the office of Register of Deeds and Mortgages of the 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That there shall be a register of deeds and mortgages in and for the county of Essex, who shall be elected by the people of the county, and shall hold his office for five years; he shall be commissioned by the governor of this state, and his commission shall be issued, and bear date on the Tuesday next after the annual election at which he may be elected. 2. And be it enacted, That the first election for such register of deeds and mortgages, shall be held at the next annual election for members of the general assembly; and the same notice of such election shall be given as is now by law required to be given of the election of the clerk of the county, and from time to time thereafter, shall be elected in the same manner as the clerk of said county, is by law now elected. register. 3. And be it enacted, That it shall be the duty of the said Duties of register of deeds and mortgages to record all deeds, mortgages, assignments of mortgages, letters of attorney to convey lands, and all instruments of writing relating to the title to real estate, which now are or may hereafter by law to be recorded; and to do and perform all the duties now by law required of the clerk of the court of common pleas of the county, pertaining to the recording, registering, and indexing of all such deeds, mortgages, assignments of mortgages, letters of attorney to convey lands, and instruments of writing, relating to the title to real estate, in and for the county of Essex. and give 4. And be it enacted, That the said register of deeds and To take oath mortgages, shall take and subscribe the same oaths, give bond. the same bonds, enjoy the same rights and privileges, receive the same fees, and be subject to the same penalties, as now are provided by law in the case of the clerk of the court of common pleas of the county, with reference to the discharge of the duties herein devolved upon the said register of deeds and mortgages. cable to 5. And be it enacted, That all the laws of this state now Laws appliin force in the case of the clerk of the common pleas of the office. county of Essex, shall apply to the said register of deeds and mortgages, so far forth as the same may be applicable to the business and duties of his said office of register of deeds and mortgages; and the record, and transcripts therefrom, shall have the same force and effect as they now have when made by the clerk of the court of common pleas of the county. &c., to be register. 6. And be it enacted, That all the records of deeds, mort- Records, gages, assignments of mortgages, letters of attorney to delivered to convey lands, and other instruments of writing relating to the title to real estate, books, papers, indexes, and other things, pertaining to the business and duties herein de Freeholders to provide office. Books, &c., to be county. volved upon the said register of deeds and mortgages, which may be in the custody of the clerk of the court of common pleas of the county of Essex, at the close of his present term of office, shall be by him at that time placed in the custody of the said register of deeds and mortgages, who shall sign a receipt therefor according to law. 7. And be it enacted, That it shall be the duty of the board of chosen freeholders of the county of Essex, without unnecessary delay, to provide a fit, and suitable fire-proof place, separate and distinct from the office of the clerk of the court of common pleas of the county, in which the said register of deeds and mortgages may keep the records and papers of his office, and to furnish the same with proper 'book-cases and furniture. 8. And be it enacted, That all the necessary books and furnished by stationery for the business of said office shall be furnished by the county, and shall be the property of the county; and be public records, to which all persons shall have access at all reasonable hours. Vacancies. 9. And be it enacted, That in case a vacancy shall occur in said office, it shall be filled in the same manner, as is now provided for by law in the case of the clerk of the county. Approved March 8, 1859. |