The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-06-09

SEC. 81. That any company heretofore
incorporated, for the purpose OF construc,
ting turnpike road may construct said
road, in any part thereof, by covering the
same with plank, not less than two..and
half inches thick, of sufficient width for
the accommodation of teams, and in
good and substantial manner, instead OF
covering the same with stone or grav-
el.
SEC. "a. That all turnpike and plank
roads, shall be opened not exceeding sixty
feet wide, thirty feet Of which shall be
cleared of brush and logs, and at least
sixteen feet shall be made anartlfclal road,
composed of stone, gravel, wood, or other
convenient materials, well compact to-
gether, in such manner as to secure firm,
even and substantial road; and in no case
shall the ascent in any such turnpike or
plank road, be greater than five degrees;
Provided, that no company or association
ofindividuals which has been or may here
after be Incorporated for the purpose of
making any turnpike or plank road, shall
be authorized to erect or keep up any toll
gate or receive tolls, within corporate linn
its of any.incorporated city, town or village
in this State or within eighty rods of such
limits.
SEC. 35. That so soon as any turn
pike or plank road company shall have
completed any such turnpike or plank
road, as aforesaid, or any part thereof,
not less than five miles together, in any
part of the route, and so from time to
time, as often as five miles in addition
shall be completed, adjoining any five
miles previously completed, the commits
soners of the county in which such finish
ed road lies, or in case the same lies in
two or more counties, the commissioners
of either of said counties, shall, on the
application of the agent of the company,
appoint three iudicious, disinterested free
holders, who shall, on oath OF affirmation,
examine the same, and report their opln-
ion to the commissioners, in writing; and
if such report shall state the road, or such
part thereof, to be completed agreeabIy to
the provisions of this act, the commission
ers shall, by license in writing, authorize
the company to erect gates, at suitable
distances, and demand and receive, of
persons travelling such road, the tolls al
lowed by law; and in case it should hap
pen that said commissioners, or either Of
them, should be stockholders in the turn
pike or plank road company, making ap-
plication as aforesaid, the duties hereby
required of them shall devolve upon the
probate Judge or Judges of the county or
counties aforesaid, and if such probate
Judges, or either of them should be stock
holders, as aforesaid, such duties shall
devoye upon the common pleas judge of
the district in which such road may lie,
or the district Judge Of any of the districts
in which such road may lie in case the
same lies in two or more districts.
SEC. So Every turnpike orplank road
company, entitled to charge toll as afore-
said, shall be authorized to receive from
persons travelling on or using said road,
the following tolls for every ten miles av-
cl on such road, and in the same proper
ton for any less distance, to wit: For ev-
cry four wheeled carriage, drawn by one
horse, or other animal, fifteen cents, and
for each additional animal five cents: For
every sled Or sleigh, drawn by one horse
or other animal, five cents, and for each
additona. animal, five cents; For every
horse and rider, five cents; For every
horse, mule or ass, six months old or p
wards, led or driven, three cents; For ev-
cry head of neat cattle six months old or
upwards, one cent; For every head of
sheep or hogs, one half cent; For every
stage couch, drawn by four horses, or an
mals, fifty cents; For every two wheeled
carriage, drawn by one horse, mule or
other animal, ten cents; Provided, that
any person or persons going to and from
public worship, on the Sabbath, funerals,
militia, musters, elections, jurymen going
to and from court, the troops and armies
of the United States and of this State,
may pass on any such turnpike or plank
road, free from toll.
SEC. 81. That if any person or persons (
using any such turnpike or plank road, !
shall with intent to defraud any such turn
pike or plank road company, or to evadc the I
payment Of toll, pass through any private
gate, or bars, or along any other ground
near any turnpike or plank road gate,
which shall be erected in pursuance of
this act, Or shall practice any fraudulent
means with intent 20 evade or lessen the
payment of such toll, each and every
person concerned in any such fraudulent
practices, shall, for every such offence,
forfeit and pay to the president, directors
and company, owning such turnpike or
plank road, the sum five dollars, to be
recovered, with costs of suit, before any
Justice of the peace of the county in which
such offence may have been committed;
without stay ofexecution: Provided, moth
ing in this act shall be so construed as to
prevent persons using any such road be-
tween the gates, for common purposes.
SEC. 49, That all turnpike AMI plank
road companies hereafter to be incorpora-
ted, as contemplated by this act shall put
up post or stone at the end Of each mile,
with the number of miles from some no.
ted point or place, at one end OF the turn
pike or plank road, fairly cat, OF painted
thereon; and also,l conspicuous place
near each gate, shall be placed a board
with the rates of toll painted thereon; and
no toll shallbe dematded unless such rates
are kept up.
Sec. 49, That if any toll gatherer on
any turnpike or plank road, shall unrea-
sonably detain any passenger after the toll
has been paid or rendered, or shall de-
mand or receive greater toll than shall
be allowed by law on such road, he shall,
for every such offence, forfeit and pay
sum not exceeding twenty dollars, to be
recovered with costs of suit before any
instice Of the neace having comnetent in-