Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-11-19


every stage coach, drawn BY four horses, OF
other animals, fifty cents; for every two wheel
ed carriage, drawn by one horse, mule or 9th.
er animal, ten cents; Provided, that any per-
son or persons going to and from public wor.
ship, on the Sabbath, funerals, militia muslers,
elections, jufymsn going TO aad 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 il any person or persons using
any such turnpike Or plank road, shall, with
intent to defraud uny such turnpike or plank
road comp any, or to evade The 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 10 pursuance
OF this act, or shall practice any fraudulent
means, with intent to evade or lessen the pay.
menJ 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 company, owning such
turnpike or plank road, the sum Of five dollars,
to be recovered, with costs Of suit, before aHy
Justice ofthe peace Of the county 10 which such
offence may have been commlued; without
stay Of execution; Provided; nothing in this
act shall be so construed as to prevent persons
using any such road between The gates, for
common purposes.
Sec. 38. That all turnpike and plank road
companies hereafter 10 be Incorporated, as con.
templated by this act, shall put up a post or
stone al the end OF each mile, with the number
Of miles from some noted point or place, at one
end Of The turnpike or plank road, fairly cut,
or painted thereon; and also, in a conspicuous
place near each gate, shall be- placed board
with the rates OF toll painted thereon; and no
toll shall be demanded unless such rates are
kept up.
Sec. 80. That il any toll gaiherer on any
turnpike or plank road, shall uureasonabIy de-
tain anv 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 execution; Provided
no suit shall be commenced against any toll
Qalherer for any offence commined, or penalty
incurred under this section, unless the same
shall be commenced within twenty days from
the time ofcommitliGg or incuring The same
and the defendant or defendants in any such
suit or action may plead the general issue, and
give this act and special matter in evidence.
! Sec. 30. That eveiy turnpike or plank road
company, hereafter to be Incorporated, as con
temDa,ed by this act, shall cause to be kept a
! fair aud accurate account of the whole expense
of making any such turnpke or plank road
with the expenses Of tol gaIherers, and all 9th
er necessary agents or officers whom the com
pany may find il convenient TO employ, and al
so fair aud accurate account OF the amount
toll received and the books Of every such com
pany shall always be opeL for the inspection o
the commissioners ofany county through whlcl
such road may pass, or Of the agent ot Ih'
General Assembly Of The State; and if any turn
pike or plank road company shall negecI or re
fuse to exhibit their accounts, agreeabIy to Ih
provisions Of this section, when Ihereunto re
quired by such commissioners, or The agent o
the General Assembly, all the rights granted
by this act incorporating such company, shal
cease and determine. .....
Sec. Al. That it any turnpike or plank roa
company shall fail 10 keep its road in repair
for five days successfully, any person may tii'
q complaint, in wriIing, before any justice Q
The county, setting forth the nature Of the de
feet complained Of designating the place in III
road where il exists; and il shall 0e 'he duty
said justice to appoint two dsinteres'ed person
as inspectors, to meet al The place compliance
of, within FIVE days; and, Of The time and pIac
of meeting; reasonable notice shall be given t
The gaze keeper nearest the place Of meeting
, and The inspectors shall then examine into n
truth Of the mater complained Of, and it the
+ shall find the complaint TO be true, they shal
} send certified copy of the complaint, and G
their finding thereon, to the keeper Of each o
the gates between which such defective place
J shall be, and thereafter, no toll shall be re
ceived Of such gates for the intermediate dis
r tance, until the paris of the road complained o
shall be fully repaired; and if the keeper otsuc
: gate shall demand and receive toll, contrary 1
the provisions Of this act, he shall be liable
} pay The sum Of five dollars 10 the party injured
10 be recovered by action Of debt, before an
Justice Of the peace having jurisdiction; and tn
company, moreover, shall be liable TO any pei
, son injured, Ior damages sustained by reason
such road being suffered TO remain out OF repal
] by the neglect of the company; and the lnspec
: tors and justice Of the peace shall be entitled
. receive one dollar per day for their service
e which shall be paid by the company, if III
+. complain. be sustained, and if it fail. then b
! the complainant; and to tho amount so take
!. shall be added The expense Of sending the NJ
!, tce to the gate keepers, as required lbyI tn
I, act. which shall be paid as aforesaid.
!. Sec. AZ. That in case of any vacancy,
;. Joo,b vesignatnn mr. otherwise in any board
y directors uf any railroad, turnpike or plan
d road company, it shall be lawful for the r
e naming directors to appoint a director 10 {
i such vacancy, and the person so appointed sha
J.. be a director OF such company until the ne
succeeding stated election, and until his succe
" sor shall be elected aud qualified.
IS Sec. 43. That whenever two or more tur
Is pike or plank road companies desire 10 couso
10 date .hepselves into single corporation, tn,
n are hereby authorized and empowered so to d