the completion of the turnpike road authorized to be built as aforesaid. 12. And be it enacted, That the width of said turnpike Width of road road shall not be less than thirty-two nor more than fifty feet, and sixteen feet of the same shall be sufficiently bedded and faced with stone, gravel or other material to make a solid, firm and even road, the said sixteen feet shall be so graded that in its progress no part of it shall rise above an angle of six degrees with the plane of the horizon; and the said company shall construct, keep in repair, maintain, and make good and sufficient bridges along the line of said road, not less than eighteen feet in width; and whenever 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 at the sides so as to prevent horses and carriages from running off. when compa cannot agree, 13. And be it enacted. That it shall be lawful for said Proceedings company, their officers, superintendents, engineers and work- ny and ownmen, with carts, wagons and other carriages, and with beasts ers of land of burden and draught, and all necessary materials, tools and implements, to enter upon all lands contiguous or near to the route of said road, doing as little damage thereto as possible, repairing any breach they may make in the enclosure thereof, and to make all ditches and underdrains across and through such lands necessary for properly draining said road; and that when said company or its agents cannot agree with the owner or owners of such required land or materials for the use or purchase thereof, or, when by reason of the legal incapacity or absence of such owner or owners no such agreement can be made, a particular description of the land or materials so required for the use of said company for the construction of said road shall be given in writing, under the oath or affirmation of some engineer or proper agent of the company, and also the name or names of the occupant or occupants, if there be 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, or to one of the judges of the court of common pleas of the counties of Mercer or Monmouth, who shall cause said company to give notice thereof to the persons interested, if known and in this state, or, if unknown and out of this state, to make publication thereof as he shall direct for any term not less than twenty days, and to assign a particular time and place for the appointment of commissioners hereinafter named, at which time, upon satisfactory evidence to him of the service or publication of such notice aforesaid, he shall appoint under his hand and seal, three disinterested, impartial and judicious freeholders, commissioners to examine and appraise such lands and materials and to assess the damages upon such notice to be given to the persons interested as shall be directed by the justice or judge making such appointment, to be expressed therein not less than twenty days; and it shall be the duty of said commissioners, having first taken and subscribed an oath or affirmation before some person duly authorized to administer an oath or affirmation faithfully to examine the matter in question, and make a true report according to the best of their skill and understanding, to meet at the time and place appointed, and proceed to view and examine the said lands and materials, and to make a Just and equitable estimate or appraisement of the value of the same, and assessment of damages to be paid by said company for such land and materials and damages aforesaid, and to make a report thereof under the hands and seals of said commissioners, or any two of them, and file the same within ten days thereafter, together with the aforesaid description of the land or materials, and the appointments and oaths or affirmations aforesaid, in the clerk's office of the counties of Mercer and Monmouth, to remain on record therein, and shall be recorded by said clerk, which report, or a copy thereof, certified by the clerk of said county, shall at all times be considered as plenary evidence of the right of said company to have, hold, use, occupy, possess and enjoy the said land or materials after the payment of the value and damages so assessed, and of the right of the said owner or owners to recover the amount of the 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 thirty 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, commissioners, clerk and other persons performing any of the duties prescribed in this section, as he shall think equitable and right, which, in all cases, shall be paid by the company. and receive 14. And be it enacted, That as soon as the said company May demand shall have constructed said road in a workmanlike manner, toll. according to the several directions in the twelfth section, and the true intent and meaning of this act, it shall and may be lawful for the said company to erect gates across said road, and to demand and receive toll for traveling each mile and all fractions over a half-mile of said road, not exceeding the following rates, to wit: For every carriage, sleigh or sled drawn by one beast, For every additional beast, one and a half cents; For every horse and rider, or led horse or mule, one and a half cents; two cents; six cents; Rates of toll. For every dozen of calves, sheep or hogs, For every dozen of horses, mules or cattle, 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 until they shall have paid the toll as above specified; provided, that nothing in Proviso. this act shall be construed so as to entitle said company to demand or receive toll from any one on the Sabbath day, or horses, carriages, sleighs or sleds carrying any persons to or from any funeral. mile stones to be erected. 15. And be it enacted. That before said company shall shall cause receive toll for traveling said road, they shall cause mile posts to be erected and maintained, one for each and every mile on said road, and on each and every post or stone shall be legibly and fairly marked the distance the said stone or post is from the borough of Hightstown, and shall cause to be fixed, and always to be kept up at the gates aforesaid, in a conspicuous place, a printed list of toll which may be lawfully demanded, and also a board on which shall be painted in large letters, "keep to the right as the law directs." 16. And be it enacted, That if any person shall wilfully Penalty for break down, throw down or deface any of the mile posts so injuries. erected on 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 gate or gates, such person or persons shall forfeit and Penalty for delaying trav elers Drivers shall keep to the right. Proceedings when road 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 enter again on said road with intent to avoid toll due by virtue of this act, such person or persons shall forfeit and pay one dollar, to be recovered by said company for the use thereof in an action of debt with costs of suit. 17. And be it enacted, That if any toll gatherer shall unnecessarily delay or hinder any traveler passing at any of the gates, or shall receive more toll than is by this act established, the company shall for every such offence forfeit and pay the sum of ten dollars, with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably detained or hindered. 18. And be it enacted, That all the drivers of the 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 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 ob structed 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. 19. And be it enacted, That if said company shall not bridges are not keep said roads, bridges and railings in repair, it shall be kept in repair the duty of any judge of the court of common pleas of the counties of Mercer or Monmouth, who may be disinterested, upon complaint being made to him in writing stating the bridge or part of the road that is out of repair, specifythe particular defect, and after four days notice in writing given to the president or any of the directors of said company, specifying parts complained of, and after hearing the parties, if the company have not repaired said bridge, road, or railing as specified, to appoint under his hand and seal, three judicious freeholders not interested in said road, being residents of said counties and non-residents of the townships through which the said road is located, who having been duly qualified and sworn to act impartially in the case, shall proceed to view and examine the parts complained of, and report to said judge in writing, signed by them or any two of them, whether the said road is in such state as the law requires it to be kept; and if the report be unfavorable to said road, then said judge shall immediately, under his hand and seal, in writing, order the keeper of the gate or part complained of, to keep the said gate open until otherwise ordered, and if said keeper after service of a copy of said order upon him shall, notwithstanding the order of said judge to open said gates or turnpike, exact toll of travelers, the said company shall forfeit and pay twenty dollars for each offence, to be sued for by any person who shall prosecute for the same in an action of debt, with costs of suit, and the said judge shall be allowed for his services one dollar, and the persons appointed to view the road one dollar each, to be paid by the company, and upon due proof before said judge that said company repaired or mended said road, bridge or railing in the particular complained of, he shall by an order in writing, 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 same fee to be allowed and paid as before directed; but if upon the view as before mentioned, the report of the persons appointed, or a majority of them, shall be in favor of the company, the same fee shall be allowed as before prescribed, and shall be paid by the person or persons making the complaint. manded. 20. And be it enacted, That when the said company shall when toll have completed any one mile of said road according to the may be dedirections and true intent and meaning of this act, it shall be lawful for said company to erect a toll gate across said road, and demand and receive toll for traveling thereon agreeably to the foregoing rates. ers. 21. And be it enacted, That this act shall be taken and General powconstrued to be a public act, and that the said corporation shall possess the general powers, and be subject to the restrictions and liabilities contained in the act entitled "An Act concerning corporations," approved February fourteenth, eighteen hundred and forty-six, and the supplements thereto as far as the same are applicable. 22. And be it enacted, That if the said road be not com- Limitation. menced within three years, and completed within six years |