The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-21


such suit or action may plead the genera
issue, and give this act and special matter
in evidence.
SEC. 40. That every turnpike or plank
road company, hereafter TO be incorpora.
ted, as contemplated by this act. shal
cause to be kept fair and accurate &C.
count Of the whole expense of making any
} such turnpike or plank road, with the ex
penses of toll gatherers, and all other ne.
cessary agents or officers whom the com.
J pany may find it convenient to employ
, and also fair and accurate account O
the amount of toll received, and the books
of every such company shall always be
; |open for the inspection of the commission.
ers of any county through which such
road may pass, or of the agent of the gen.
eral assembly Of the state; and il any turn.
pike or plank road company shall neglec,
or refuseto exhibit their accounts, agreea
| bly, to the provisions Of this section, when
thereunto 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 or plank
road company shall fail to keep its road
in repair, for five days successfully, any
person may file complaint, in writing,
before any justice of the county, setting
forth the nature Of the defect complained
Of, design mating the place in the road where
| IN eyistc. md IL cho11 ho tho J,,.,. :. -.I
justice to appoint two disinterested per-
sons as inspectors, to meet at 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 in
spectors shall then eximine into the truth
of the matter complained Of, and if they
shall find the complaint to be true, they
shall send a certified copy of the com.
plant. and of their finding thereon, to the
keeper of each Of the gates between which
such defective place shall be, and thereaf-
ter, no toll shall be received at such gates
for the Intermediate distance, until the
lparts of the road complained Of shall be
fully repaired; and if the keeper of such
gate shall demand and receive toll. con.
trary to the provisions Of this act. he shall
be liable 10 pay the sum Of five dollars to
the party injured, TO be recovered by ac.
ton of debt, before any justice of the
peace having Jurisdiction; and the compa.
ny, moreover, shall be liable to any per.
son injured. for damages sustained by
reason of such road being suffered 10 re.
main out OF repair by the neglect of the
company; and the inspectors and Justices
of the peace shall be entitled to receive
one dollar per day for their services, which
shall be paid by the company. il the COM
plant be sustained, and if it fail, then by
the complainant; and to the amount so
taxed shall be added the expense OF send.
ing the notice to the gate keepers, as re-
CURED [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, turn
pike or plank road company, it shall be
lawful for the remaining directors to ap.
point directorto fill such vacancy, and
the person so appointed shall be director
OF such company until the mex. succeed
ing stated election, and until his success.
sor shall be elected and qualified.
Sec 43. That whenever two or more
turnpike or plank road companies desire
to consolidate themselves into single
corporation, they are hereby authorized
and empowered so to do, in the same
manner, and subject to the same rules. as
provided in the twenty-frst, twenty.sec-
ond and twenty third sections of this act.
relative to the consolidation of railroad
TO CREATE AND REGULATE MAGNETIC TELE-
GRAPHIC COMPANIES.
Sec. A. That whenever any number Of
persons, as required by the first section of
this act, associating to form company,
for the purpose of constructing any line or
lines of Magnetic Telegraph, they shall,
under their hands and seals, make a GER
lificate, which they shall specify as follows:
First, the name assumed by such CON-
pany. and by which it shall be known;
second, the termini Of said line or lines.
and the counties through which the same
shall pass; third, the amount of capital
stock necessary to construct said line or
ines Of telegraph. and the amount of each
share; such certificate shall be acknowl.
edged, certified, forwarded to the Secre.
AIRY Of State, recorded and copied in the I
same manner asis provided in the second {
section of this act for the incorporation OF {
'ailroad companies; and when SO incor- I
'orated, are hereby authorized to con- {
'truct line or lines ofmagnetic telegraph. {
IS may be named in their certificate OF in
,orporation, and by the name and style I
provided in said certificate, shall be Deem q
ID body corporate, with succession. and {
heir associates to have the same general 4
,owers, as is provided in the third section 1
# this act, and shall be subject to all the b
estrictions hereafter provided. G
SEC. As. The persons named insthe GER q