
    THE STATE v. THE PRESIDENT AND DIRECTORS OF THE NEW JERSEY TURNPIKE CO.
    Indictment for not repairing road.
    An indictment against a Turnpike Company, for neglecting to keep their road •in repair, should show how they are bound to do so.
    Quere. Whether a mienomer, in calling the defendants “The New-Jersey Turnpike Company” instead of by their corporate name, “The President, Directors, &c.” be amendable under the statute of 12 February 1832, Harr. Comp. 371.
    This case was brought up by Certiorari, to the General Quarter Sessions of Hunterdon county, the return to which writ is as follows.
    State of New Jersey, Hunterdon county ss.
    Hunterdon ss. Hunterdon Court of General Quarter Sessions of the Peace, of the Term of-February, A. D. 1837.
    Be it remembered that at a Court of the General Quarter Sessions of the Peace held at Flemington, in and for the said county of Hunterdon, on the first Tuesday of February, in the year of our Lord, one thousand eight hundred and thirty-seven, before
    Benjamin Egbert,
    Samuel Hill,
    John Thompson
    Joseph Johnston &
    
    others, their fellows, Justices of the Peace for the said county of Hunterdon, to hear and determine divers felonies, trespasses and other misdemeanors in the said county committed, upon the oath of Israel Fish, Joseph Ex-ton, Daniel Vansycklo, William 8. Cook, Daniel II. Anderson, Abraham Banghart, William R. Prall, Josiah Cole, William Golden, Thomas Capner, Samuel H. Britton, John Hoppock William Barber, George Trimmer, Joseph Lair, Peter R. Fisher, Aaron Furman, John Sinclair, John Holt and Israel Wilson, and the affirmation of Oliver H. Ewing and Jacob B. Smith, who alleged themselves conscientiously scrupulous of taking an oath, good and lawful men of the county aforesaid, then and there sworn and affirmed to enquire in behalf of the State of New Jersey, in and for the body of the county of Hunterdon. It is presented in manner and form as appears in a certain indictment annexed to this schedule to wit:
    Isaac G. Farlee, Clerk, &c.
    Hunterdon Quarter Sessions.
    February Term, A. D. 1837.
    Hunterdon County ss. The Grand Jurors of the State of New Jersey and for the body of the County of Hunterdon, upon their oath and affirmation present that there was and still is a certain Turnpike road leading from Phillipsburg in the county of Warren in the State of New Jersey, to the White Horse Tavern in the township of Readington, in the county of Hunterdon aforesaid, used for all the citizens of the said State with their horses, cattle and carriages, to go and return, pass and repass, ride and labor, at their free will and pleasure; and that a certain part of the said Turnpike-road, situate, lying and being in the township of Lebanon, from Peter Huffman’s Mill, to Clinton in the said township of Lebanon, containing in length three and a half miles, and in breadth twenty-eight feet j on the twenty-first day of November, in the year of our Lord, one thousand eight hundred and thirty-six, and continually afterwards until the taking of this inquisition, to wit, at the township aforesaid, in the county of Hunterdon aforesaid, was and yet is very ruinous, miry, deep, broken and in great decay, for want of due reparation and amendment of the same, so that citizens of this State, during the time last aforesaid, could not go, return, pass, repass, and labor with their horses, coaches, carts and other carriages, in, through and along the said Turnpike road, as they ought and were wont and accustomed to do, without great danger of their lives and loss of their goods, to the great damage and common nuisance of all the citizens of this State going, returning, passing, repassing, riding and labouring, in, through and along the said Turnpike road, to the evil example of all others in this case offending; against the peace of this State, the government and dignity of the same, and that the New Jersey Turnpike Company, the Turnpike aforesaid, so as aforesaid being in decay, ought to repair and amend, when and so often as it should be necessary.
    William Halsted, attorney for the State. (Endorsed,)
    Hunterdon Sessions February Term, A. D. 1837.
    The State vs. The New - Jersey Turnpike Company,
    Indictment for nuisance.
    A True bill. Israel Fish, foreman.
    Hunterdon Sessions, &e., May Term,. 1837.
    The State vs. The New Jersey Turnpike Company.
    on Indictment, Certiorari.
    
    A Certiorari having been presented to this Court, in this case, ordered that the same be allowed, and the Clerk directed to make return thereto.
    On motion of Thomas A. Hartwell, Attorney for defendants.
    State of New Jersey, Hunterdon County, ss.
    I, Isaac G. Farlee, Clerk of the Court of General Quarter Sessions of the peace, in and for said county, do hereby certify that the foregoing Caption, Indictment, &c. is truly copied from the original Caption and Indictment, and from the record of said Court, remaining in my said office.
    [l. s.]
    In testimony whereof, I have hereunto set my hand and affixed 'the seal of said Court at Flemington, this eleventh day of May, in the year of our Lord, one thousand, eight hundred and thirty-seven.
    Isaac G. Farlee, Clerk.
    This indictment charges that there was and still is, a certain Turnpike road, leading from &c. to &e, in the county of &c. used for all the citizens of the said State, with their horses, &c. to go, &c. at their free will and pleasure; ■ and that a certain part of the said Turnpike road, situate, &c. on the twenty-first of November, 1836, and continually afterwards, until &c. was, and yet is very ruinous, miry, &c. for want of due reparation &o. so that the citizens of the said State, during the time, &c, and that the New Jersey Turnpike Company, the Turnpike aforesaid, ought to repair and amend, when and so often as it should be necessary.
    
      T. A. Hartwell moved to quash this indictment, First on the ground of a misnomer of the Corporation, and Secondly, because it simply alleges that the New Jersey Turnpike Company, are bound to repair, without shewing why, or how that Company are bound to do so.
    
      J. M. White, Attorney General, and S. L. Southard, contra.
   The opinion, of the Court, was delivered by

Hornbeowee, C. J.

The Corporate name of the Company is The President and Directors of the New Jersey Turnpike Company, as appears by the charter. But the counsel for the State insists that the Indictment is amendable in this particular by the Court, under the statute of the 12th of February, 1832, [Harr. Comp. 371.) I am rather inclined to think it is so; but whether the Indictment is amendable or not, we cannot qu.ash it, on the ground of a misnomer, for it does not appear upon the record, but that the defendants have been indicted by their true and proper name.

The Second objection however, I. consider fatal. It does not follow as a legal consequence, that because the road out of repair, is a part of a turnpike road, leading from Ac. situate &c. that therefore, the New Jersey Turnpike Company, admitting that there is such a company, are bound to repair and sustain it.

If you lay a charge upon persons, against common right, you. must shew how they are bound. This .principle is so familiar, it cannot, be necessary to cite authorities; but a reference to Rex v. Inhabit’s of Broughton, 5 Burr. 2700; and the State v. Hagaman, 1 Green R. 314, and the authorities referred to in those cases, will fully sustain the position. Let the Indictment be quashed.

Ford, J. and Rybrson, J. concurred.

Indictment quashed.  