Arkansas intelligencer., 1848-05-20
Charter OF 'he .'North Western Turnpike Compa.
ny'' concluded.


Sec. %. If any person. leading. riding, or
driving any carriage of burthen or pleasure, as
aforesaid, or driving, riding, leading any horse
or mule, or leading or driving any hogs, sheep.
or cattle, as aforesaid. SHALL with an intent to
defraud the said company, or to evade the payment
OF any of the tolls duties aforesaid pass through
any private gate or bars, along or over any
passage-way, or along or over any ground near
TO or adjoining any gate which shall be erected in
pursuance of this act; fanv person shall, with
intent aforesaid, take off, or cause to be taken Off
any horse, or other beast or cattle of draueht or
burthen. from any carriage of burthen or pleasure,
or shall practice, by any fraudulent means or de-
vice, with the intent 10 lessen the payment of any
such toll or duty, every person SO offending in
manner aforesaid, shall, for every such offence
forfeit and pay, to the president, managers, and
company, of the Western Turnpike Company,
the sum of ten dollars, TO be recovered bv action
of debt on this act in any county where the Of
fence happened.
Sec. 20. If, at any time, the said road shall
be out of repair, it shall and may be lawful for
any person to give information to any Justice of
the peace in any county in which such road is
out Of repair, whose duty it shall be to issue his
precept. directed TO any constable OF said county,
commanding him TO summon three iudiciOus
householders. to meet at Il certain time in the
said road which IS complained of, of which meet
ing notice shall be given to the keeper Of the toll
gate nearest thereto; and the said Justice shall. ut
such time and place, by the oath of the said
househoIders, INQUIRE whether the said road, o:
any part thereof, is in such good and perfect order
and repair as aforesaid, and shall cause an inqui-
sition be made, under the hands and seal Of the
said Justice, and majority OF the said house
holders; and if the said road shall be found, by
the nquiston Of the said Justice and household
ers, not to be in such good order and repair as is
in this act required, the said Justice shall cer,
fy, and send one copy Of such nquisition to each
of the keepers Of the toll-gates between which
such defective places may be; and from thence
forth, the tolls in this act allowed to be collected
at such toll-gates for the intermediate distance
between them, shall cease 10 be demanded, pld
or collected until the said defective part or parts
of the said road shall be put in good and perfect
order and repair. as aforesaid and if any of the
keepers of the gates aforesaid shall take or at
tempt to exact tolls for the intermediate distance
between the gates aforesaid. from any traveller,
during the time the road shall continue out of re-
pair, such keeper shall forfeit and pay, to the
person who shall sue for The same, the Of ten
dollars.
SEC. so. If the said road shall not be put in
good order and repair before the next term of The
certify and send copy Of said inquisiton to the
Judge of said court; and the said court shall there
upon cause process to be issued, and bring in the
bodies of the person or persons entrusted by the
company with the care and suporintendence of
sucn part OF the said road as shall be found de-
fectve as aforesaid, and shall direct bill of in
dctment 70 be sent to the grand Jury, against the
person or persons entrusted as aforesaid; and,
upon conviction, shalt give such judgment, ac-
! u
neglect. MS the said court in their discretion, shall
Judge proper, not less than ten. nor more than
five hundred dollars; and the SAID sum shall be
paid into the county treasury.
SEC. 81 The president and managers Of said
company shall keep fair and just accounts Of all
moneys which shall be received by them, from
the subscribers for the stock of the said company,
on account of their several subscriptions. and Of
all penalties for the delay of payment thereof.
and Of the amount of the profit on the shares which
NAV be forfeited, as aforesaid. to the company.
and, also, of all moneys by them expended in the
prosecution Of the works; and shall, once at least
in every year, submit such accounts to general
meeting of the stockholders, until the said road
shall be completed, and until all costs, charges,
and expenses, of effecting the same, shall be fully
paid and discharged; and the aggregate amount
of such expenses shall be liquidoted and ascer-
tained; and if, upon such liquidation, or whenever
the whole capital stock of the said company shall
be nearly expended, it shall be found that the said
capital stock will not be sufficient to complete the
said road, according the true intent and mean
ing of this act, it shall be lawful for the said pres
ideut, managers, and company, at stated or
special meeting, to be convened according to the
provisions of this act their own bylaws, to iu-
crease the number of shares to such extent rs
shall be deemed sufficient TO accomplish the work,
and to open books of subscription for such addi-
tiona shares as shall be for the benefit Of the
company, as they may think proper, and to de-
mand and receive the moneys subscribed, or sold
for such shares, in like manner, and under the
| like penalties, as herein provided for the original
subscription, as shall be provided by their by
laws.
SEC. %. The said president, managers, and
company, shall also keep just and true account
! of all and every the moneys to be received by
their several and respective collectors of tell al
the several gates on the said road, which shall
not exceed one for every ten miles after the'road
is completed from the beginning to the. e.end, oil
such part thereof as shall from time to time be
completed as aforesaid; and dfter the said road
shall be completed, much thereof as may
| from time to time be deemed expedient TO make
and finish, shall make and declare dividend OF
the clear profits, and increase. thereof all contn-
gent costs and charges, and a reasonable fund foi
repairs and progressive improvements, and ac'