The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-10-22

uuaiu WIN INC rates OF toll panied
thereon; and no toll shall be demanded
unless such rates are kept up.
Sec. 80. That il any toll gaihefer
on any turnpike or plank road, shall un--
reasonably detain any passenger after the
toll has been paid or rendered, or shall
demand or receive greater toll than shall
be allowed by law on such road, he shall,
for every such offence, forfeit and pay a
sum not exceeding twenty dollars, TO be
recovered, with costs Of suit, before any
justice Of the peace having competent
jurisdiction thereof, without stay Of exc
cution; Provided, no suit shall be COM
menced against any toll galherer for any
offence committed, or penalty incurred
under this section, unless the same shall
be commenced within twenty days from
the time Of committing or iucurring the
same; and the defendant or defendants
in any such suil OF actian may plead the
general issue, and give this act and spe-
cial matter in evidence.
Sec. 40. That every turnpike or
plank road company, hereafter to be in
coipornied, as contemplated by this acl,
shall cause 10 be kept a fair and accurate
account Of the whole expense of making
any such turnpike or plank road, with the
expenses Of toll gaiherers, and all other
necessary agents or cficers whom the
company may find il convenient TO en-
ploy, and also a fair and accurate ac-
count Of the amount oftoll received, and
the books Of every such company shall
always be open for the inspection Of the
commissioners Of any county through
which such road may pass, OF Of The
ageniof the general assembly Of the
state, and if any turnpike or plank road
company shall neglect CT refuse TO exhi-
bit their accounts, agreeab!y TO the pro-
visions Of this section, when thereuLio
required by such commissioners, or ,he
agent Of the general assembly, all the
rights granted by this act, Incorporating
such company, shall cease and deter
mine.
Sec. Al. That if any turnpike or
plank road company shall fail TO keep its
road in repair, for five days successfully,
any person may file complaint, in wri-
ting, before any justice ofthe county,
setting forth the nature Of the defect
complained Of, designating The place IN.
the road where it EXISTS; and il sball be
The duty Of said justice 10 appoint two
disinierested persons as inspectors, 10
meet 81 the place complained of, within
five days; and, of the time and place Of
meeting; reasonable notice shall be given
TO the gate keeper nearest the place OF
meeting; and The inspectors shall then
examine into the trnih Of the ipa,ter
complained Of, and If they shall the
complaint 10 be true, they shall sSnd a
certified copy of the complaint, and of
their finding thereon, 10 the keeper Of
each Of the gates between which such
defective place shall he, and thereafter,
no toll shall be received at such gates
for the intermediate distance, until the
parts OF the road complained Of shall be
fully repaired; and if the keeper of such
cato shall demand and receive toll, con-
;rary TO the provisions of this act, he
shall be liable 10 pay the sum Of five
dollars 10 the party injured, to be reco-
vered BY action Of debt, before any JUS
tice Of The peace having jurisdiction; and
the company, moreover. shall be liabe TO
any person injured, for damages sustained
by reason of such road being suffered to
remain out of repair by the neglect Of
the company; and the inspectors and
justice of the peace shall be entitled to
receive one dollar per day for their ser.
vices, which shall be paid by the COM
pany, if the complaint be sustained and
if it fail, then by the complainant; and
to the amount so taxed shall be added
the expense of sending the notice to the
gate keepers, as required [by] this act,
which shall be paid as aforesaid.
Sec. 42. That in case Of any vacan-
cy, by death, resignation or otherwise, in
any board Of directors of any railroad.
or plank road company, il shall
be lawful FOR the remaining directors TO-
appoint director TO fill such vacancy,I
and the person SO appointed shall be al
director of such company until the mex,
stated election, and until his
successor shall be elected and qualified.
Sec. 43. That whenever two or more
turnpike or plank road companies desire
10 consolidate themselves into single
they ore hereby authorized
and empowered SO TO do, in the same
manner, and subject 10 the same rules,
as provided in the twenty first, twenty
second md ,wenty-third sections Of this
act, relative to the consolidation ofrail-
road companies.
70 CREATE AND REGULATE MAGNETIC
TELEcRAPHIC COMPANIES.
Sec. Al. That whenever any nun
Der of persons, as required by the first
section Of this act, assocating to form q
for the purpose Of constructing
my line OF lines Of Magnetic Teiegrapa,I |
hey shall, under their hands and sealsI