The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-05-17
March 4, 1850.
AN ACT

To provide for the regulation Of Plank Roads
SEC. |. BE il enlcted By the General Assem-.
big of the State of Ohio, That each and every
company or association of individuals, which
may be hereafter incorporated for the purpose
Of constructing any turnpike road, plank road,
gravel road, or road Of Other materials, authorized
in any act of incorporation, shall have all the
rights, privileges and powers, and be subject TO
all the restrictions Of an act to provide for the
regulation Of turnpike companies, passed Janu.
ary T. 1917, and the acts amendatory thereto;
and the provisions Of all said acts are hereby
extended and made applicable to all such com
panies, except in so far as the same may be
herein modified or altered; and whenever any
company may be incorporated for the purpose
aforesaid, under or subject to the provisions Of
this act, such company shall have all the rights,
privileges and powers, and be subject to all tho
restrictions Of this and al the acts aforesaid, ex
cept as herein otherwise provided.
Sec. =. The commissioners named in any
special act Of incorporation, or a majority Of
them muy open books for the purpose Of secur.
ing subscriptions to the capital stock of any
company hereafter incorporated, at such place
or places as they may deem proper, and perform
all duties authorized by the acts aforesaid.-
The capital stock Of any company shall consist
of such amount as may be prescribed in the
SPECIAL act Of incorporation.
SEC. 3. Every plank road shall be laid out
at least two and not more than four rods wide,
and shall be so constructed as to have at least
sixteen feet width of good smooth and perma.
nent road, eight feet Of which, at least, sha II
be made of plank not less than two inches thick
and of such grade as not TO exceed an ascent or
descent on any part of said road Of more than one
footin ten feet, which roadway shall be con.
structed so as to permit carriages and other veh.
ces conveniently and easily to pass each other,
and also so as to permit carriages readily and cas-.
lily to pass off ando where such road is intersect.
ed by other roads, and no obstruction shall be suf
fered unnecessarily to remain upon such plank
road ut any such intersection; and when anv
plank road is so constructed, tolls may be col
lected thereon at the rates provided by the acts
aforesaid. Any company incorporated as afore.
said, shall have power TO construct any part
or parts Of the road which such company may
be authorized to make, Of gravel, stone, or plank
or such other material as may be authorized, or
different parts of such road Of any or either
kinds of such materials.
SEC. 4. That il any company hereafter in.
corporated shall not be organized, and in good
faith commence the construction Of the road
authorized by the act Incorporating such com
pany, wllnln TWO years from the time such
company may be incorporated, such act shall
after the expiration Of such period Of two y ears,
be null and void, At any time after twenty
years from the time any tolls may be collected
by any such company, the rate of tolls to be
collected or charged on such road may be reg
ulated by law, and the proper authorities of any
county or counties through, or in which such
road may in whole or in part pass, may purchase
and manage such road under such regulations
as may be prescribed by law. No toll gate shall
be erected within one half Of mile from the
improved and inhabited parts Of the limits Of
any city or village. Any such company here.
after incorporated shall hc subject to the pro.
visions Of any general law that may be enacted,
regulating the mode Of assessing damages for
materials taken or tho right Of way. The cap.
tal stock and property Of any such company
shall be taxed in such manner as now is or may
hereafter be provided by law. The provisions
of this section shall extend to all such compa.
nes heretofore Incorporated, but which have
not been organized and commenced in good
faith to construct road Nothing in this act
contained shall be construed TO apply 10 rail.
road companies.
BENJAMIN F. LETTER.
Speaker Of the House Of Representatives..
,--. ., :; CHARLES G. CoNVERS,
March 81, 1850 Speaker Of he Senate.