The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-06-09

lars, 10 De recovered In an acuOn OF ueOIi
upon the complaint of any person before
any justice of the peace of the county in
which such violation shall occur; and in all
cases in which forfeiture shall occur un-
der the provisions of this section, the COM
pany whose agents shall cause or permit
such violation, shall be liable for the a.
mount of such forfeiture, and in all cases,
the conductor upon such train shall be held
prima facie to have caused the violation of
this section, which may occur upon the
train in his charge, said forfeiture to
be recovered in the name Of the State
Of Ohio for the use Of commonschool.
TO CREATE AND REGULATE TURN
PIKE AND PLANK ROAD COM
PANIES.
Sec. 27. Turnpike and Plank Road
companies shall be created in the same
manner as is provided in the second section
of this act for the incorporation ofrail-road
companies; and when so incorporated, are
hereby authorized 10 construct a turnpike
or plank road, as may be named in their
certificate of incorporation, and by the
name and style provided in said certificate,
shall be deemed body corporate with sue
cession; and they and their associates, shall
have the same general corporate powers,
as is provided for railroad companies, in
the third section of this act, and shall be
subject to all the restrictions hereafter pro-
vided.
Sec. %. That so soon as the persons
named in any certificate of incorporation,
for any turnpike or plank road company,
or majority ofthem, shall have associated
themselves together and organized, they
may then proceed TO open subscri ptiOn
books, at such places as they may desig-
nate, for the purpose of receiving subscrip-
ton to the stock of such company in shares
of such amount as may be designated;
which books shall be opened at such times
and under such regulations, as shall be di-
rected by such corporators, or majority
ofthem, giving at least thirty days notice
in some public newspaper in general Cir
culation, printed on or nearest to the route
of such intended turnpike or plank road,
of the time and place or places of opening
such subscription books; Provided, that not
more than five per centum on each share,
shall be demanded at the time of subscri-
bIng, nor more than ten per Centum at any
subsequent installmcnt; and at least sixty
days notice shall be given, in manner a.
foresaid, of the time and place or places of
paying in any installmcnt subsequent to
the installment paid at the time Of subscri
bing, Provided, also that no installmcnt
shall be called for in less than sixty days
from the day ofpayment of any preceding
installment They shall also have power
to borrow money, for the completion of
their road not exceeding in amount of one
half their capital stock, in the same man
ncr, upon the same terms, and under the
same regulations and restrictions as are
provided in relation to railroad compa-
nies in section fourteen of this act.
Sec. 90. That whenever ten per cent
um of tl,c capital stock of any such turn
pike or plank road company, shall be sub
scribed, it shall be the duty of the corpo-
rators named in such certificate, to call
meeting of the stockholders at such place
adjoining the proposed route ofsuch turn
pike or plank road, as they may deem ex-
pedient, for the purpose of eIecting seven
directors, of the time and place of holding
which meeting, at least thirty days notice
shall be given by said corporators, by pub
lication, as prescribed in the ninth section
of this act, at which election, at least three
of the corporators shall preside, and all
votes shall be by ballot; each stockhol-
der shall be entitled to one vote on
each share of stock he may own; stock
holders may vote by proxy, under such
regulations as may be prescribed in
the bylaws of such company and all
elections after the first, shall be held on the
second Monday in January, annually, at
such place as the directors shall appoint,
of the time and place of fholding which an
nual election, at least thirty days notice
shall be given by the president, in the man
ner prescribed in the ninth section of this
act Provided, however that it shall and
may be lawful to hold an election at any
other time, on notice being given as aforc-
said
Sec. 80. That the directors, when e.
lectedas provided in the preceding section
shall each take an oath or affirmation dill
gently and impartially to discharge the du
ties 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, proceed to elect presi
dent from their number; and the presi-
dent and directors shall hold their offices
for one year and until their successors are
chosen and qualified.
Sec 81. That the president and di-
rectors shall, in all cases, manage the con-
Germs of the company, appoint such officers
and agents as may be- necessary; iill all va
cancies which may happen in their body
until the nextannual election 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 special meetings Of the stockhol-
ders; 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. 80. That any such turnpike or
plank road company or their agents, shall
have right to lay out, locate, survey, and
make the turnpike or plank road, for the
making ofwhich such company shall be
incorporated, through any improved or
unimproved lands, on the best route be-
tween 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