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ing when called to duty by laws of this state or of the United States.

to erect

15. And be it enacted, That before said company shall re- Company ceive toll for traveling said road, they shall cause mile stones mile stones or posts to be erected and maintained, one for each and every mile 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 beginning point of said road at Shark river bridge, 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."

for per

16. And be it enacted, That if any person shall wilfully Penalties break down, throw down or deface any of the mile stones or forming posts so erected on the said road, or wilfully tear down or certain acts deface any of the 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 or turnpike, such person or 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 proper action in any court of competent jurisdiction, with costs of suit, and if any person with his or her carriage, team or horses, 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 a penalty of five dollars, to be recovered by said company for the use thereof, in an action of debt, with costs of suit.

traveller.

17. And be it enacted, That if any toll-gatherer shall un- Penalty for necessarily delay or hinder any traveller, passing at any of dying the gates or turnpikes, or shall receive more toll than is by this act established, the said company 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.

the right.

18. And be it enacted, That all the drivers of the carriages, Travellers sleighs or sleds of every kind and description, whether of to keep to burthen or pleasure, or persons on horseback using the said road, shall keep their horses, carriages, sleighs or sleds on

Proceed

ings when

company

road and

repair.

the right side of said road in the passing direction, leaving the other side of said 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 of damages for every such offence, to be recovered with costs of suit.

19. And be it enacted, That if the said company shall not keep said road and bridges in repair, and complaint thereof fail to keep shall be made to the judge of the court of common pleas of bridges in the said county of Monmouth, who may be disinterested, the said judge shall immediately appoint by writing, under his hand and seal, three disinterested freeholders and residents of the county of Monmouth aforesaid, which three persons, 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 said judge shall appoint, and having taken an oath of affirmation to act impartially, shall proceed to view and examine the said road so complained of, and to report to the said judge 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 laws require it to be kept, and if the report be unfavorable to said road, the said judge shall immediately, in writing, under his hand and seal, order the keeper of said gate or turnpike, to keep the same open until otherwise ordered; and if the keeper shall, notwithstanding the order of the said judge to open said gate or turnpike, exact toll of travelers, the said company shall, for each offence, forfeit and pay the sum of 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 whenever a report unfavorable to said road is made as aforesaid; and it shall be the duty also, of the three persons appointed as aforesaid, or any two of them, upon application to them made by the said company, again to view the said road and report, as aforesaid, their opinion to the said judge, 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 toll to be collected as before, and the same fees shall be al

lowed 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.

erect a toll

20. And be it enacted, That when the said company shall when comhave completed any two consecutive miles of said road, ac- pany may cording to the directions and true meaning of this act, it gate. shall be lawful for said company to erect a toll gate or turnpike across said road, and demand and receive toll for traveling thereon, agreeably to the foregoing rates.

tion.

21. And be it enacted, That said corporation shall possess Powers of general powers, and be subject to the restrictions and liabili- corporaties contained in the act entitled "An act concerning corporations," approved February fourteenth, one thousand eight hundred and forty-six, and the supplements thereto, as far as the same are applicable.

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

Approved March 12, 1874.

CHAPTER CCXI.

An act to incorporate the Central Association for the propogation and protection of Game.

1. BE IT ENACTED, by the Senate and. General Assembly of the State of New Jersey, That Henry H. Vandyke, Leavitt Names of Howe, Alexander Stout, Alexander Gulick, John Cruser, A. corporators Price Lanning, F. W. Vankirk, J. F. Phillips, Isaac Leigh, W. L. Hankins, James Vansant, William Vandyke, R. A. Drake, Samuel Hunt, D. H. Mount, J. M. Vreeland, A. W. Garretson, Martin Cruser, S. H. Gulick, W. G. Bayles, W. C. Haviland, James H. Hunt, N. D. Stryker, James Hutchison, J. F. Johnson, Edward Howe, J. F. Gulick, and their successors, are hereby constituted a body corporate, by the name of "The Central Association for the propogation and protec- Corporate

name.

Object of association

May make by-laws,&c.

Affairs of association by whom

Names of

first direc

tors.

tion of Game," and to continue for the space of fifteen years.

2. And be it enacted, That the object of this association shall be the propogation and protection of game and fish, on the property of those who shall become members of this association, situate in the townships of Montgomery and Franklin in Somerset County, Princeton Lawrence, Hopewell and West Windsor in Mercer county, and South Brunswick and Cranbury in Middlesex county.

3. And be it enacted, That the said corporation shall have power to make and adopt a constitution and by-laws and regulations for the admission of its members and for the furtherance of the objects of this association, and from time to time to repeal and alter such constitution, by-laws and regulations.

4. And be it enacted, That the affairs of said association shall be managed by eleven directors, who shall choose from. managed. their number a president, treasurer and secretary; the first board of directors shall consist of S. W. Stockton, Joseph H. Bruere, Edward Howe, William Harris, A. Price Lanning, J. D. Lippincott, W. H. Potter, J. W. Updyke, A. Vanzandt, R. S. Conover and J. F. Phillips, who shall hold office until the third Wednesday in October, one thousand eight hundred and seventy-five, anno domini, and until their successors are elected and qualified.

First meet

be held.

5. And be it enacted, That the corporators shall call a ing when to meeting of the directors, mentioned in this act, at any time previous to the third Wednesday in March, one thousand eight hundred and seventy-four, anno domini, for the purpose of electing a president, secretary and treasurer, and to adopt a constitution and by-laws, regulating the affairs of said association; and it for any reason the said corporators shall neglect to call said meeting, then the directors shall meet on the day above mentioned, for the purposes herein named.

First elec

rectors

held.

6. And be it enacted, That upon the expiration of the term tion for di- of office of the directors named herein, an election shall be when to be held on the third Wednesday in October in each year, in the borough of Princeton, for eleven directors, who shall be members of said association; and the directors, then elected, shall hold office until the next annual election, or until their successors shall be elected and qualified.

7. And be it enacted, That at any meeting of the association each member shall be entitled to one vote.

or

Number of votes member entitled to.

hunting with gun

8. And be it enacted, That if any person or persons shall Penalty for hunt with a dog or gun, or with any kind of firearms weapon, or shall in any way take or destroy with any trap, and dog. snare, or other device whatsoever, any bird or animal, except such as are commonly considered noxious and valueless, or shall take any fish from any private pond in the townships herein named, without the written consent of the owners of the premises, then the person or persons so offending shall be liable to a penalty of not less than ten or more than twenty dollars for each and every offence; with all the costs of suit.

empowered

9. And be it enacted, That every member of this associa- Members tion shall be empowered to arrest without process any per- to arrest. son or persons who may be found violating any of the provisions of this act, or infringing upon any laws made for the protection of game or fish in this state, and take him or them before any justice of the peace of the county wherein such offence shall have been committed, who shall proceed as provided in the sixth section of a supplement to an act entitled "An act for the preservation of deer and other game, and to prevent trespassing with guns," approved March twenty-sixth, anno domini one thousand eight hundred and sixty-six; and for this purpose the said members are hereby vested with all the powers, immunities and responsibilities of the constables of said county.

Fines to

10. And be it enacted, That all the fines collected under this act shall be paid to the treasurer of this association for whom paid. the use and benefit of said association; and on the non-payment of said penalty or penalties and costs, the defendant shall be committed to the county jail until the penalty or penalties and costs are paid, provided, that the said impris- Proviso, onment shall not exceed sixty days.

ploy agents

11. And be it enacted, That the said association may at May emsuch times as they think proper employ an agent or agents to furnish to purchase game birds and fish to be placed in the town-game. ships herein named at such places as they may determine.

12. And be it enacted, That all acts or parts of acts incon- Repealer. sistent with the provisions of this act, be and the same are hereby repealed.

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