Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-08-12

OnlO.
Sec. 81. That if any person or per-
sons using any such turnpike or plank
road, shall, with intent TO defraud any
such turnpike or plank road company,
or TO evade the payment of lol, pass
through any private gate, or bars, or
along any other ground near any turn
pike or plank road gate, which shall be
erected in pursuance ofthis act, or shall
practice any fraudulent means, with in
tent to evade or lessen the payment OF
such toll, each and every person con
cerned in any such fraudulent practices,
shall, for every such offence, forfeit and
pay to the president, directors and COM
pany, owning such turnpike or plank
road, the sum Of FIVE dollars to be re-
covered, With costs of suit, before any
iustice Of the peace of the county in
which such offence may have been COM
mitied; without stay of execution; Pro-
vided, nothing in this act shall be so
construed as 10 prevent persons using
any such road between the gates, for
common purposes.
Sec. 38. That all turnpike and plank
road companies hereafter TO be incorPo-
rated, as contemplated by this act, shall
put up a post or stone at the end OF each
mile, with the number of miles from
seme noted point or place, at one end
ofthe turnpike or plank road, fairly cut,
or painted thereon; and also, in n con-
spicuous place near each gate, shall be
placed a board with the rates of toll
painted thereon; and no toll shall be de-
manded unless such rates are kept up.
Sec 80. That if any toll gntherer on
any turnpike or plank road, shall un-
reasonably detain any passenger alter
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 execution; Pro-
vided, no suit shall be commenced
against any toll gatherer 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 incurring the
same; and the defendant or defendants
in any such suit or action may plead the
general issue, and give this act and spe-
cial matter in evidence.
hnf a. ,lrrO laV,
road company, hereafter TO be incorpo.
rated, as contemplated by this act, shall
cause TO be kept fair and accurate &C.
count of the whole expense of making
any such turnpike or plank road, with
the expense of toll galherers, and all
other necessary agents or officers whom
the company may find it convenient to
employ, and also fair and accurate ac-
count of the amount of toll 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. or
of the agent Of the general assembly OF
the stale; and if any turnpike or plank
road company shall neglect or refuse TO
exhibit their accounts, agreeably 10 the
provisions of this section, when thereun-
10 required by such commissioners, or
the agent of the general assembly, all
the rights granted by this act, incorpora-
ting such company, shall cease and de.
termine.
Sec. Al. That if any turnpike OF
plank road company shall fail to keep
its road in repair, for five days success
siveIy, any person may file complaint,
in writing, before any justice of the
county, setting forth the nature of the
defect complained Of, designating the
place in the road where it exists; and il
shall be the duty of said justice TO ap-
point two disinterested persons as in
spectors. TO meet ot the place COM
planned 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 in
spectors shall then examine into the
truth Of the matter complained of, and il
they shall find the complaint 70 be true,
they shall send certified copy of the
complaint, and OF their finding thereon
to the keeper of each OF the gates be.
tween which such defective pace shall
be, and thereafter no toll shall be re.
ceived at such gates for the intermediate
distance, until the parts ofthe road com
planned of shall be fully repaired; and il
the keeper of such gate shall demand
and receive toll, contrary TO the provis.
ions Of this act, he shall be liable TO pay
the sum of five dollars TO the parry in.
jured, to be recovered by action of debt
before any justice of the peace having
jurisdiction; and the company, more
over, shall be liable TO any person in
jured, for damages sustained by reason
of such road being suffered to remain
out of repair by the neglect of the com
pany; and the inspectors and justices ol
the peace shall be entitled to receive one
dollar per day for their services, which
shall be paid by the company, if the
complaint be sustained, and il it fail,
then by the complainant; and TO the
amount so taxed shall be added the ex
pense of sending the notice TO the gate
keepers, as required [by] this act, which
shall be paid as Aforesaid.
Sec. az. That in case of any vacancy
by death, resignation or otherwise, in
any board OF directors of any railroad
turnpike or plank road company. il shall
he lawful for the remaining directors tc