Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-08-05

hold an election at any other time, on
notice being given as afore> aid.
Sec 30. That the directors, when
elected, as provided in the preceding
section. shall each take an oath or affir-
nation, diligently and impartially to dis
charge the duties Of his Office; and the
directors. or a majority of them, when
thus qualified. shall, on the day of their
election, or some succeeding day, pro-
ceed TO elect a president from their
number; and the president and directors
shall hold their Offices for one year, and
until their successors are chosen and
qualified.
Sec. 81. That the president and d.
rectors shall, in all cases, manage the
concerns of the company; appoint such
officers and agents as may be necessa-
ry; fill all vacancies which may happer
in their body, until the next annual elec-
ton; make bylaws for the regulation
and government of the company; they
may require such oath or affirmation, OF
any of the agents of said company, as
they may think necessary; may call spe-
cial meetings of the stockholders; keep
records Of all the transactions Of said
company; and do all other matters and
things touching the concerns Of said
company, contemplated in this act.
Sec. 3s. That any such turnpike or
plank road company, or their agents,
shall have a right TO lay out, locate, sur
vey, and make the turnpike or plank
road, for the making of which such COM
pany shall be incorporated, through any
improved or unimproved lands, on the
best route between the points or places
designated in the certificate, contracting
for and paying the owner or owners over
which the road may pass, the damages
done TO said ground by laying out and
making such road, and materials for
constructing or repairing the same; and
when the said corporation, and the own
er or owners, cannot agree as 10 the
amount of compensation, or where the
owner is unknown or incapable of con-
tracing. then such damages TO be as
sessed and paid in such manner as shall
be prescribed by law.
Sec 80. Tha. any company hereto
fore incorporated, for the pu urpose Of
constructing a turnpike road, Lay con-
struct said road, in any part thereof. by
covering the same with plank, not less
than two and half inches thick, OF suf-
fcient width for the accommodation of
teams, and in a good and substantial
manner, instead OF covering the same
with stone or gravel.
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 an artificial
road, composed Of stone, gravel, wood,
or other convenient materials, we'll COM
pact together, in such manner as to Sc
cure a 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, thatno COM
pany or association Of individuals, which
has been or may hereafter be incorpo-
rated for the purpose of making any
turnpike or plank road. shall be author
lied TO erect or keep up any toll gale.
or rsceive tolls, within Ihs corporate
limits 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 COM
of The county in which such
finished road lies, or in case the same
lies in two or more counties, the COM
of either of said counties.
shall, on the application of the agent of
ihe company, appoint three judicious,
freeholders, who sh9ll, on
oath or affiI nation, examine the same,
and report their opinion 20 the commits
sioners, in writing; and if such report
shall state the road, or such part there
Of, to be completed agreeably 10 the
provisions ofthis act. the commissioners
shall, by license in writing, author |
re the company to erect gates, at |
distances, and demand and |
OF persons travelling such !
-oad, the tolls allowed by law; and
n case it should happen that said
commissioners, or either Of them,
should be stockholders in the iurn-
bike or plank road company, making
application as aforesaid, lIlu duties
hereby required Of them shall de-
rolve upon the probate Judge or
judges oil the county or counties
foresaid; and if such probate judges.
IT either Of them, should be stock
as aforesaid, such duties shall
IevOlve upon the common pleas
udge OF the district in which such
DAD may lie, or the district judge of
ny oI the districts in which such
Dad may lie, in case the same lies in
wo or more districts.
Ser. Sc. Every turnpike or plank
Dad company, entitled TO charge toll
S aforesaid, shall be authorized TO