Twp. of Lodi v. State

• Decision Date: 27 November 1889
• Parties: TOWNSHIP OF LODI v. STATE.
• Court: New Jersey Supreme Court

18 A. 749

51 N.J.L. 402

TOWNSHIP OF LODI

v. STATE.

Supreme Court of New Jersey.

Nov. 27, 1889.

Error to court of quarter sessions, Bergen county; VAN VALEN, ACKERSON, and GARRISON, Judges.

Argued before BEASLEY, C. J., and DEPUE, VAN SYCKEL, and KNAPP, JJ.

Mr. Shaffer and Gov. Bedle, for plaintiff in error. A. D. Campbell, for the State.

KNAPP, J. The plaintiff in error was presented by the grand jury of the county of Bergen for nuisance arising out of its neglect to amend, repair, and maintain a public highway which formed a boundary line between Lodi and Union townships. The highway so found to be out of repair was formerly a' turnpike road, the title to which had been acquired by the board of chosen freeholders of the county of Bergen. The assignments of error, based upon sealed bills of exception, present the question whether there is a legal obligation on this township to maintain and repair this former turnpike. If so, the conviction should be maintained. If otherwise, then this judgment is wrong. The general provisions of the road law put all public highways in charge of the several townships through which they ran, for the purpose of opening and keeping in repair. Various provisions of law have been enacted by the legislature in respect to the maintenance of turnpike roads abandoned by, or taken by purchase or condemnation from, private corporations. An act entitled "An act concerning bridges and turnpikes, approved March twelfth, one thousand eight hundred and seventy-eight, provided for the forfeiture of the charter of certain turnpike roads, and for the acquisition of title by the boards of chosen freeholders of the several counties, in certain cases. The second section of that act declared that the roads thus acquired should be free, and open to public travel, and directed that such roads "be maintained and worked as other * * * public roads are, or shall be, directed to be maintained and worked." Revision Supp 1098, 1099. Under this law, and the several supplements passed thereto, the liabil ty to repair this class of highways was put upon the township, in virtue of general regulations then existing, controlling that subject. But by an act passed March 24, 1882, entitled "An act concerning turnpikes," (Id. 1098,) it was provided "that any turnpike road, or any part thereof, the title to or right of possession of which shall be acquired by or has become vested in any board of chosen freeholders of any county., for public use, shall be graded, regulated, worked, repaired, maintained, and kept up at the cost and expense of said county, and as the said board of chosen freeholders of said county shall order and direct." The costs of this was directed to be raised by county tax. The second section of this act repealed by express terms the several supplements passed to this act of 1878, namely, Supplement March 14, 1879; March 4, 1880; March 25, 1881,—and. by necessary implication, it also repealed so much of the said act of March 12, 1878, as related to the maintenance and repair of turnpike roads acquired by the county. The next act of legislation respecting the subject was passed March 30, 1887, under the title of "A supplement to an...