The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01
CHAPTER CCLyII.

holders in the respective counties in this state
10 lay ont, open and improve a public road in
each OF the counties of this state.
/. Be 1t enacted by the Senate and General As
sembly of the State of New Jersey, That it shall
be lawful for any of the boards of chosen free
holders in the respective counties in this state
at any time hereafter when it shall be deemed
advisable and for the best interests of such county,
to lay out, open, construct improve and maintain
public road extending through such county IN
any direction from one boundary line to the other
of such county, to order and hold an election az
the time and places of holding the general cleo
ton in and for said county for members Of the
general assembly of this state, which election
sh n &c ,siaducted by the same officers as shall
have been chosen to conduct such general elee-
ton for members of the general assembly and il
q majority of the persons entitled to vote at such
general election for members OF assembly shall by
separate ballot elect that such road shall be
built then such board of chosen frceholders shall
be invested with all the rights and powers neces-
sary and expedient to lay out open, construct
pave, flag, macadamize or otherwise improve and
maintain such public road and make surveys for
the same; but If a majority of such persons shall
by such separate ballot elect that such road shall
not be built, then nothing in this act contained
shall apply to or be effective in Such county
2. And be 1t enacted, That due notice shall be
time and place of holding the election herein
above provided for, by public advertisement in at
least two newspapers circulating in the county in
which the same is ordered, for at least one month
preceding the same and that for the purpose Of
receiving such ballots separate ballot-box shall
be provided by such board OF chosen freehoders
at each polling place in such county, and that any
person desiring 10 vote in favor OF the building of
such road under this act shall east into such sep
arate ballot-box ballot with the words in favor
OF public road written or printed thereon, and
any person desiring the contrary shall cast
ballot into said separate balotbox with the words
against public road . written or printed thereon:
and If majority Of the persons voting at such
election in the manner hereinabove prescribed
shall so elect, then the said board Of chosen free
holders in any county Of this state shall haye
power to open such road by taking all the lands,
buildings and improvements within the lines of
such road, making compensation for any which
have not been RerstofoFe dedicated, opened or
taken to or for public Use provided. that no per-
son i'll possession of any dwelling house, store or
shop shall be disturbed. nor any iweling-house,
store shop church. engine school-house or
other structure be taken down. removed or de-
stroyed before the expiration of one month after
compensation therefor shall be determined and
paid or rendered rs hereafter provided and pro
vided, also that nothing in this act contained
shall be so construed as 10 authorize the removal
or destruction OF any of the public buildings be-
longing to such county; and provided, that the
width of said road shall not exceed one hundred
feet.
g. And be it enacted, That said board of chosen
freeholders after its determination TO lay ont any
such road shall, as soon as it conveniently can,
proceed to lay out such road in the following
manner; they shall, in the first place, make or
cause to be made a survey Of such road, with
map thereof showing the termmi and route of
such road including the courses and distances
and the various Improvements through which the
same will pass. and also the names of the several
owners of lands proposed TO be taken therefor so
far as the same can be conveniently ascertaned,
and showing the width of such road, which shall
not exceed one hundred feet in width; and after
the completion of such survey and map it shall
be filed in the Office OF the clerk of said board for
public inspection; provided, that in making the
surveys and maps of the same they may use all
the surveys and maps that now are or may here
after be recorded or filed in any public office in
any city, towa or township in such county, to
hall
access. provided that the same shall not be re-
moved from such Office: and provided, also, that
the said board may include in any such road, as
part thereof and in the survey and map thereof,
to be shown thereon, any road street, highway or
avenue, or part thereof, already laid ont opened
or dedicated in such county, or in any city. town
or township thereof 70 public use, and said board
shall have the exclusive control Of such road and
regulate the use thereof through the entire length
thereof.
T. And be it enacted, That no soon as convent
entity can be done after such map as Is provided
for in the third section of thislact is filed with
the clerk of said board, and before any further
action is had by said board in the matter, the
said board shall give public notice in or more
of the newspapers published and circulating in
the said county of the filing of such map for pub
lie inspection, which said notice shall be pub
lished at least two weeks, and which said notice
shall state the time and place when and where
said board shall meet 10 take into consideration
the question whether said proposed road shall be
laid out and opened or not, which said meeting
shall not take place for at least four weeks from
the time of fling of said map with said board
and which said meeting shall be open and public
for the purpose of bearing and considering any
objection in writing to the opening of said road,
or to the course or location thereof, which may be
presented to said board at such time and place
5. And be il enacted, That said board after the
filing of said mapand the hearing and consider
ing any objections which may be presented, snail
have power TO alter revise. correct OF change said
board surveys and maps as to course and location
of said road and adopt the course and location as
laid down originally on said survey and map, or
a. f$rsr,A
corrected or changed, or abandon the whole
project entirely; provided, that If the same be so
abandoned such abandonment shall in no case be
construed as an exhaustion OF the powers of said
board under this act, but said board may at any
time commence anew under the provisions of this
act, and that the powers OF said board under this
act shall be treated as continuous until such road
shall be laid out, opened and improved as afore-
said, or this act repealed.
g. And be it enacted, That after said board
shall have heard And considered any objections
which shall us Il asaid have been presented to
them, they may hey deem ii to the best inter-
ests Of the coun evise, alter and correct said
order all such alt ions in the course and loca-
ton of said road, d, Ii Il is deemed in their
Judgment, to be de- able declare by resolution
opened and improved. in accordance with the
provisions of this act and such board their
agents, engineers, surveyors and others in their
enter upon any lands for any Of the purposes con-
templated by this act; that any land and READ
estate deemed necessary by the kald board tor the
laying out. opening. construction: improving and
maintaining such road, or any part thereof may
be taken therefor, and the value and damage
assessed be allowed for the same, in the manner
herein providsd--that is to say The said board
of chosen freeho1ders, after declaring by reeolu-
ton that the said road shall be laid ont and
opened. and the adoption Of the location and
course thereof shall Immediately. by petition in
writing. sigued by the director and clerk of said
board, make application to the Justice of the
supreme court holding the county circuit court
for said county, for the appointment of three
dents in such county, and upon such application,
when so presented, said justice shall make an
order fixing time and place when said COM
missioners will be appointed which shall not
be less than fifteen days from the making Of
such application, notice of which order shall be
published in at least three newspapers published
and circulated in said county, or in such other
manner as said justice may direct, for time not :
less than two weeks of the particular time and
place for the appointment Of said commissioners,