Lower Sandusky freeman. (Lower Sandusky [i.e. Fremont, Ohio]) 1849-1849, 1849-03-17

: ana appendageS, dong no unnecessary damage,
having first rendered or secured to the party njur-
ed the value thereof or the damages sustained by
said appropriation; and in case any land or mate
rials &c, wanted to be appropriated for the pur-
poses aforesaid shall not be given or granted to
said corporation, and the proprietor propretors
cannot do not agree with the directors to the
amount of damages compensation which ought
| to be allowed paid for the same, and shall not
mutually agree on some person or persons to ap
prise the damages, it shall be lawful for the direc
tors to apply to any Judge of the court of common
pleas of the county in which said damages shall
arise, not a stockholder in said company who shall
appoint three disinterested freeholders of said
county to assess the damages; and the directors
shall give notice to said persons of their appoint
ment, and also to the claimant claimants, his or
their agent attorney, advertise the same in
some newspaper in general circulation in the vicinity
thereof; and it shall be the duty of the persons so
appointed to attend at the time and place so speci-
fed in the notice. who after being duly sworn or
affirmed faithfully and mpartally to discharge their
duties, shall proceed, actual view, to make esti
mates, and appraise any damage such owner or
owners may sustain, taking into consideration the
benefits such owner or owners may derive from
said improvement and shall make certificate of
such apprasement, with particular description of
the premises if necessary to which certificate they
or majority of them shall sign their names, and
deliver to each party copy, if requested, and i'm
mediatelv thereafter, if no damages are assessed
or on the payment tender of the money, to the
amount of damages assessed to the person or per-
sons entitled thereto, their agent attorney or
legal representatives, the said directors may pro-
ceed to enter upon and occupy said lands, or use
such materials and complete tile thereto, to the
extent and for the purpose set forth in or contem
plated by this act shall be thereby vested, and
forever remain in said company provided, however,
nl,all H..
greved by the decision of the appraisal as afore
said made, such party may apply to the court of
common pleas of the proper county, at the succeed
ing term of said court if there should not be a
quorum of said court dsinterested, then to the SUI
preme court at their next term in said county, Civ
ing ten days notice of such intention to the adverse
party, and the said court upon good cause shown |
shall appoint three disinterested freeholdors who
shall, after being duly qualified, proceed to view
and apprase the damages, and shall certify their
in the same manner as the former ap-
praisers and their decision shall be final and deter
inmate; but the pendency of any such application
to the court shall not in the mean time, hinder the
progress of the work; and, provided further, that
the said company shall not take possession of
than sixty feet in width for said road.
Sec s. That whenever said company shall have
the said plank road by covering the
same with plank not less than two and a half in |
of teams and shall have completed the
same in a good and substantial manner the same
shall forever thereafter be and remain public /
highway, free for the passage of animals, teams
and travellers of every description payment, of
such tolls as the board of directors may estab-
lsh from time to time, under the provisions of this
act.
Sec 9. That in consideration of the expenses
which said company will necessarily incur, in con-
structing said road with the appurtenances there
Of and in keeping the in repair, the said road
and its appurtenances together with all tolls and
profits arising therefrom, hereby vested in said
and the same shall be forever exempt
from tax imposition or assessment whatever.
Sec. 10. That on every FIVE miles of said road
when so much shall be completed according to the
true intent and meaning of this act the president
and directors shall have power to erect tollgates,
and ordain and establish rate of tolls, which shall
be paid upon all animals teams and travellers and
property of every description passing on said road
and for the collection of said tolls they shall appoint
collectors and erect gates and toll houses and may
ASK demand, and receive the said tolls under this
act; provided however, that they shall in no case
exceed the rates now charged on the Western Re
serve and Maumee road, to be graduated by the
board of directors
Sec. IL. That whenever the whole or five miles
If said road shall be completed, the president and
directors OF SAID company may apply to the court
If common pleas of any county through which said
'oad may pass, whenever the is in session, or
% any judge thereof, in vacation, not interested
n said road whose duty it shall be to appoint three
freeholders, commissioners to examine
said road and if said commissioners shall be of
opinion that said road is constructed according to
he true intent and meaning of this act, they shall
give to said president and directors certificate
hereof, which shall entitle said company to de-
nand tolls under this act.
Sec. u. That said company and the corporators
hereof shall be subject to the provisions of all acts,
md also entitled to the benefits of all acts now in
orce, or which may hereafter be enacted for the
purpose of governing and regulating turnpike COM
oanes generally in this State, not inconsistent with
his act, and also "an act institutng proceedings
against corporations not possessing banking powers
md the vistorial powers of courts, and to provide
or the regulation of corporations generally" pass
ID March seventeenth, thousand eight hundred $
md forty 1.-TWO.
SEC 13. That the village of Norwalk, in the g
county of Huron, shall be made point in the said
oad; provided, however, if the expenses of con-
trucng the same by way of Norwalk aforesaid, {
shall exceed the expense of making said road by t
my other direct route, then the directors may re-
Iure that such excess shall be subscribed either in
stock or in donation to said company, within rea-
;onable time, by the inhabitants of said vllege or