Arkansas intelligencer., 1848-05-20
VAN BUREN, SATURDAY, MAY 20, 1s4s

capital expended IN the prosecution OF their work,
and of the income and profits arising TO the said
company from tolls, for and during the said re-
spective periods together with an abstract of the
costs and charges of keeping the said road in re-
pair, and all other contingent costs and charges,
and such other general information respecting the
company, and their progress. as they may think
necessary, to the end that the clear annual in
come and profits thereof may be ascertalned and
known.
Sec. 35 If any person shall wilfulIy deface,
break. pull down, up, or PROSTATE, any milestone
or miIe-post, which shall be placed, in pursuance
of this act, on the side of said road, or shall OBJ
literate the letters or figures inscribed thereon,
or shall wilfuly break, pull down, or injure, any
direction-post which shall be erected in pursuance
Of this act, at the intersection of any road as
aforesaid, or the board of index-hand affixed
thereto, in conformity with the direction Of this
act, or shall obliterate the letters figures
marked thereupon. the person offending, shall,
for every such offence. forfeit and pay, to the
said president, managers, and company, the sum
Of twenty dollars, to be recovered by action Of
debt before any justice of the peace having jurs-
diction thereof
SEC. 81. All wagoners, carriers, and drive IS
of carriages of all kinds whatsoever, of burthen
or pleasure, using said turnpike road, shall, eX-
cept wheE passing by carriage of slower draughl.
keep their carriages and horses on the right side
Of the said road, in the passing direction, leaving
the other side of said road free and clear for
other carriages and wagons to pass and re2oss
and if any carter, wagner, or driver, shall offend
against this provision, he shall forfeit and pay
any sum, not exceeding ten dollars, to any person
who shall sue for the same, TO be recovered be-
fore any justice of the peace.
SEC. 81. If any tolI-gatherer on the said road
shall demand from any person using said road
any greater rate Of toll than is allowed by this
act. such toll-gatherer shall forfeit and pay the
sum of ten dollars for each and every offence. to
be recovered before any justice Of the peace, in
the namo of any person who shall sue for the same.
SEC. 3S. No suit or action shall be brought
or prosecuted for any penalties incurred under
the provisions of this act, whether by or against
tine company, unless such suit shall be brought
within six months next after the fact shall have
been committed, unless the party, of their own
act, prevent its being done sooner; and the defend
ant or dcfendants in such suit or 0cton may
plead the general issue, and give this act and the
special matter in evidence, and that the same
was done in pursuance and by authority OF this act
SEC. 80. If the said company shall not. within
three years, proceed TO carry on the work, OF
shall not, within five years thereafter, complete
the same. according to the true intent and mean
ING of this act. then, and in either Of such cases
il shall be la Wfu for the general assembly Of this
state to resume all and singular the rights, IIber-
ties, and privileges, and franchises, granted by
this act to said company.
Sec. 40. The ground over which said co2iem-
plated road shall pass, shall be dug down and
ieveUed, 50 JhaJ when completed tho elevation
thereof shall not exceed three and one-half degrees
Sec. Al. 1t shall BE- lawful for the said presi-
dent, managers, and company, 10 demrnd and
take from the treasurer, grte-keopers. or other
person employed by them, bond and security for
the faithful discharge of their duties and all bonds
taken or given by the company, shall be III the
name Of the president, managers. and company,
of the Western Turnpike Company.