Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1907-06-27

county the balance. After the road is ae-
quired under this act, it becomes county
road, and must be maintained by the coun-
ty. The provislo s of this act are similar
TO the General Road Act, and must have
the approval Of the Commissioner of Public
Roads.
By an ace passed May IL, 1886, it is p O.
yided THAT whenever a majority Of the
Board of Chosen Freehoiders of any county
OF this State shall agree by, and with the
consent OF the presiding officer, upon the
utility of maintaining any turnpike road,
and purchase connected with said road
being private or incorporated property as a
free public road and bridge, it shall be law
/ ful for said Chosen Freeholders, at the ex-
pense of the county to purchase said road
and purchase and maintain the same free
for public use, provided not more than
$50, 600 shall be expended by any county
in the purchase Of any turnpike or turn
pixies under this act. "
Under the provisions Of this act, and the
general act Of eminent domain passed by
the Legislature, in laws Of 1909, page 79,
the only way that the Board of Freeholders
could acquire this turnpike in my opinion
would be an agreement with the owners,
the Turnpike Company.
Ny opinion is that there is no method
established in this State at the present time
by which the Board of Freeholders can con-
denim the turnpike The only apparent
method Of acquiring is under the statutes
at the present time is by the petition of the
Commissioner of Public Roads. have also
considered the question Of attacking the
franchise Of the turnpike company, and
e - r. t~nl1o ft,af
upon proper proceedings their rights to do
business could be revoked.
| This, however, would not clear up the
matter, as il would leave complication
with relation to the ownership of the soil,
and the rights of either the county or any
municipality to take charge of the road
think it is quite probable that if this matter
was called to the attention Of the Legisla-
ture at its next session, an act could be
passed by which condemnation proceedings
could be taken and the road acquired if the
county and the company were unable to
agree.
have given this opinion after very
careful study of the matter, and if there Is
anything further the Board desires to know,
shall be glad to furnish the information.
Yours very truly,
JOHN BOYD AVIS.
The above opinion was given in response
to the following petition from the property
owners on the lineof this road.
TO The Board of Chosen Freeholders Of the
County of Colchester:
Your petitioners, residents of the County
of Gloucester, owners or occupants Of prop
erty bordering on or being near to the turn
pike road Of the Gloucester and Salem
Turnpike Company and travellers over said
road respectively show
/. That the Gloucester and Salem Turn
pike Company was Incorporated by an Act
of the Legislature of the State OF New Jer-
sey approved March 9Th, eighteen hundred
and ifty-one, found in Pamphlet Laws of
1851, page III.
That by the sixth section of said charter,
said turnpike company was repaired to keep
at least twenty feet in width Of its turnpike
road sufficiently bedded and faced with
stone, gravel, plank or other material TO
make solid firm and even road at all sea-
sous of she year.
2 That part of said road consists OF the
bridge over Mantua creek; that said road
and bridge we've allowed to become and re-
main in subj condis ion of repair that an
indictment was found against said turnpike
company by the Grand Jury of the County
Of Gloucester III the year one thousand nine
hundred and six, for nuisance, and on the
trial OF said indictment said turnpike COM
pany was convicted; that the judgment of
the Court was that the nuisance be abated
and the defendant pay fac.
The said turnpike company have to an
extent repaired said bridge; that they have
failed to repair said road, and she said road
is. aud has been, for more than six months
last past, in condition not fit for public
travel BY the teams OF your petitioners and
Others compelled to use SAID road for the
purpose Of their business. To that extent
The nuisance for which said turnpike COM
pany was convicted has not been abated.
That on the part of said turnpike between
Swedesboro and Mickleton, nothing has
been done in the way Of work or repairs
since September, nineteen hundred and six,
except to put in a eulyert near Albert Brad
shaw's property in the Autumn Of nineteen
hundred and six, and that Dr. Buzby, of
Swedesboro, at his own expense, had the
said turnpike road scraped once in the
spring of the present year; that the said
road is heavy and the sand from four to six
inches deep by John Heritage's property
Just south Of Mickleton, and in similar
cond tion from Dutchtown school house to
Sithen's; that on the road sonth of Sails
bury's gully was washed in the centre Of
the road last winter about four feet wide
and one foot deep, and the road near SWe-
desboro is sandy and full Of puddles when
it rains.
8 That the said turnpike road is in such
Icnnditian that the business of yO1r neSition-
|ers and other citizens Of the county is se-
|fiously injured, and they put to a great ex-
pense by reason of the small loads that they
are compelled to transports, and the wear
land tear on their horses, mules aud wagons.
A Your petitioners therefore pray that
lyour Honorable Body take some steps
TO acquire said road either by purchase at
the expense of the county, or by a proceed
ing approved by the State Commissioners
Of Public Roads, hereby one-third Of the
caet and anaonut exuanded IN iunrovinoa