New Jersey § acts:saved-27 - (25)

§ acts:saved-27. (25)

3. That if the said board of chosen freeholders, in the laying out, location and construction

of said road shall be confronted with a situation of affairs which to them shall seem

to render it imperatively necessary, expedient and for the best interests of the county,

that a portion or portions, section or sections of said roads, not exceeding one thousand

feet in length at any one point or place, shall be adopted and fixed in advance of

the fixing of the whole road or whole line, course and location of said road, as provided

in the original act, and they shall so declare by resolution, they shall immediately

cause or procure a proper survey and map of said portion or portions, section or sections

to be made, under the direction of the chief engineer of said road, and thereupon

shall file or cause to be filed said survey and map in the office of the clerk of

said board; and said board shall cause public notice to be given for one week, in

at least one newspaper circulating in said county, of the filing of said survey and

map for public inspection, inviting such objections thereto and to the adoption in

advance as aforesaid, of the said portion or portions as may be deemed proper to be

offered by any person or party claiming to be interested therein, all which said objections

shall be made in writing, signed by the persons or party making the same, and shall

be filed with the clerk of said board; at the expiration of the week last mentioned,

or as soon thereafter as the board shall assemble, it shall take up and consider the

said objections, if any shall have been presented, and upon the consideration thereof,

if said board shall be of opinion that said portion or portions in said survey and

map shown or otherwise designated should be adhered to and fixed in advance as aforesaid,

as a part of said road, notwithstanding said objection, the same shall be regarded

and taken as so fixed, upon said board by a majority vote thereof voting to that effect,

but if the objections shall be regarded by said board as well founded, then the adoption

or fixing of said portion or portions in advance as aforesaid shall be considered

as abandoned; if no objection as aforesaid is offered within the time above limited

therefor, the said portion or portions so as aforesaid shown and designated shall

be taken and regarded as fixed as a part of the road, and the proceedings and notices

herein provided for shall, to the extent of the portion or portions adopted in advance

as aforesaid, be taken and regarded as in lieu of and as if all the requirements of

the original act respecting the fixing of the whole line of the road had been fully

complied with, but the said action in advance shall not be regarded as in anywise

a bar to or in lieu of any method of procedure, course, action, or proceedings whatever

deemed necessary to be taken by said board, at, in, or respecting the final fixing,

location or disposition of the line, course, distance or location of the road, as

directed in and by said original act, when the time therefor shall have arrived;

the proceedings herein authorized to be taken for the adoption of a portion or portions

of the road mentioned in the original act in advance of the whole, shall be applicable

to the said other or connecting roads, which may be provided for by said supplementary

act; and said roads when constructed and open for travel thereon shall from one end

to the other thereof be deemed and taken to be public roads and shall always be and

remain open as such, but the same and the travel thereon shall be subject to such

rules and regulations in relation thereto, and to limit and prevent the driving or

travel thereon of loaded or heavy trucks, wagons or carts, as the said board may have

adopted or shall adopt from time to time, and for the violation of which such board

may make or prescribe reasonable penalties, not exceeding ten dollars in any case;

such penalties shall be enforced by and through such process and method of procedure

as shall be prescribed by the board as aforesaid by and before any police justice,

police magistrate or recorder of any city, town or township in such county, upon proper

complaint on oath being made before him, and on the conviction of the offender, in

default of the payment of the penalty imposed such magistrate may commit such offender

to the county jail for any term not exceeding five days.