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Proviso.

Mile stones t› be erected.

Penalty for in

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

For every additional beast,

one cent; one cent;

five mills;

one cent; four cents.

For every horse and rider, or led horse or mule,
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 or
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; provided, that
nothing in this act shall be so construed 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 usually resort for grinding
of grain for his family 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 training on a muster day ap-
pointed by law, or any other military officer or soldier pass-
ing or repassing when called to do duty by the laws of this
state or of the United States.

15. And be it enacted, That before the said company shall receive toll for travelling said road, they shall cause mile stones or posts to be erected and maintained, one for each and every mile on the said road, and on each stone or post shall be fairly and legibly marked the distance the said stone or post is from Frechold, and shall cause to be fixed and always to be kept up at the gates or turnpikes aforesaid, in a conspicuous place, a printed list of the rates 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 Juring works. break down, throw down, or deface any of the milestones or posts so erected on the said road, or wilfully tear down and 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 person or persons shall forfeit 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, on private grounds adjacent thereto, and again enter on the 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 toll would have been for passing through said gates, to be recovered by said company for the use thereof, in an action of debt, with costs of suit.

laying travel

17. And be it enacted, That if any toll gatherer shall un- Penalty for denecessarily delay or hinder any traveller passing at any of the lers. gates and turnpikes, or shall 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.

18. And be it enacted, That all the drivers of the carriages, Penalty for ob sleighs or sleds of every kind and description, whether of sage. 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 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.

bridges to be

19. And be it enacted, That if the said company shall not Read and keep the said road and bridges in repair, and complaint thereof kept in repair. shall be made to any justice of the peace of the said county of Monmouth, who may be disinterested, the said justice shall immediately appoint, by writing, under his hand and seal, three of the township committee of the township wherein the cause of the complaint arose, or if it be on the line of any two townships, of either of said townships, which three persons, being disinterested in said road, or a majority of them, on notice being given to the keeper of the nearest gate or turnpike, shall meet at such time and place as the said justice may appoint, and having taken an oath or affirmation to act impartially, shall proceed to view and examine the said road so complained of, and to report to the said justice, in writing, under their hands and seals, or under the hands and seals of any two of them, whether it be in such state as the law re

Limitation.

When gates

quires it to be kept; and if the report be unfavorable to the said road, the said justice shall, immediately, in writing, under his hand and seal, order the keeper of the said gate or turnpike to keep the same open until otherwise ordered, and if the said keeper shall, notwithstanding the order of the said justice to open the said gate or turnpike, exact toll of travellers, 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 justice 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 of said company, again to view the said road, and report as aforesaid their opinion to the said justice, who shall, if authorized by the report of 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 same fees shall be allowed and paid as before directed; but if, on the first view, as before mentioned, the report of the persons appointed 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; and in case three of the township committee aforesaid are not disinterested, then the said justice shall appoint, in the same manner as above prescribed, one or more respectable freeholders in the township or townships, who may be disinterested, to serve in the place and stead of any member or members of the township committee so disqualified.

20. And be it enacted, That if the said road is not commenced within three, and completed in five years from the passage of this act, then and in that case this act shall be void, and the said corporation shall possess the several powers and be subject to the restrictions and liabilities contained in the act entitled "An act concerning corporations," approved the fourteenth day of February, one thousand eight hundred and forty-six, so far as the same are applicable. shall

21. And be it enacted, That when the said company may be erect have completed any two consecutive miles of said road, according to the directions and true intent and meaning of this act, it shall be lawful for the said company to erect a toll gate across the said road, and demand and receive toll for travelling thereon, agreeably to the foregoing rates.

22. And be it enacted, That this act shall take effect immediately.

Approved March 18, 1863.

CHAPTER CLXXX.

A supplement to an act entitled "An act to incorporate the Weehawken Fire Department, of the township of Union, in the county of Hudson," approved the sixth day of March, eighteen hundred and sixty one.

corporation.

1. BE IT ENACTED by the Senate and General Assembly of Name of inthe State of New Jersey, That the male inhabitants of the township of Union, in the county of Hudson and state of New Jersey, between the ages of twenty-one and fifty-five years, be and they are hereby declared to be a body politic and corporate, under the name and style of "The Weehawken Fire Department, of the township of Union, in the county of Hudson."

Engine and hose companies.

2. And be it enacted, That the said inhabitants shall have power, at any time hereafter, to form such and so many fire engines, hose companies, and hook and ladder companies, as they may deem desirable for the purpose of protecting the property of the said township from damage or destruction by fire; provided, that not more than one fire company be formed Proviso. to every two thousand inhabitants of said township, and that every such company be composed of not more than sixty men; and provided also, that not more than two hook and ladder companies, and one hose company, be formed to every two thousand of said inhabitants, each of the said hook and ladder companies to be composed of not more than forty members, and the said hose companies to be composed of not more than twenty-five members.

Proviso.

trustees.

3. And be it enacted, That the legal voters of the said Election o township shall, at their annual township meeting, to be held in and for said township, elect, in the same manner as other township officers are elected, seven persons as trustees of the corporation hereby created, who shall hold their office for the term of one year and until others are elected in their stead, which trustees so elected, or a majority of them, shall have power to grant or annul certificates of membership of either of said fire engines, hook and ladder or hose companies, and that such certificates of membership shall be necessary to con

Money to be voted for and how appropriated.

Exempt.

Repealer.

Department may raise money and apply the same.

stitute membership of any such company, and no certificate shall be given at any time to honorary members.

4. And be it enacted, That the inhabitants of the said township aforesaid be and they are hereby authorized, at their annual town meeting in each and every year, to vote for such sum or sums of money, not exceeding in any one year the sum of five hundred dollars, which money shall be assessed and collected in the same manner as other taxes are assessed and collected in said township, and when collected, shall be paid over by the collector of said township to the chairman of the said trustees, and his receipt for the same shall be a sufficient voucher for the same; which money shall be solely and exclusively applied by the said trustees to the procuring, repairing, maintaining and preserving the engines, engine houses, cisterns or reservoirs of water, ladders, hose and hose carts, buckets, fire-hooks, and all necessary implements and machines, and to the purchase of real estate necessary for such houses, and to such other incidental expenses as shall to the said trustees appear best calculated to secure the property of the said inhabitants from injury or destruction by fire.

5. And be it enacted, That seven years' service as a member of either of said companies organized under this act, or the act to which this is a supplement, shall entitle such member or person to the exemptions mentioned in the tenth section of the act to which this is a supplement, any thing in the said section contained to the contrary thereof in anywise notwithstanding.

6. And be it enacted, That sections one, two, three, five and seven of the act to which this is a supplement, and all acts and parts of acts inconsistent with this act, be and the Same are hereby repealed.

7. And be it enacted, That it shall be lawful for the trustees of the said the Weehawken Fire Department, for the time being, in order to raise money for the purpose of building engine houses, and purchasing lands and other necessary things for the said fire department, to borrow money from time to time, as they may deem expedient, and to secure the payment of the same by mortgage, upon any of the real estate belonging to said corporation, which mortgage or mortgages shall be executed under the corporate seal of the said corporation, and be signed by the president and secretary and treasurer of the said trustees for the time being, by notice of a resolution of the said trustees, duly passed for that purpose,

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