Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-14
either Of said counties, shall on applica>


ion of the agent of The company, appoint ,
,hreei ijudicious disinterested freeholders, who $
shnll, on oath Or affirmation, examine the 9
same, and repor, their opinion to the com. +
missioners, in writing; and If such report ,
shall state the road, or such part thereof, TO
be completed agreeably 10 the provisions of /
this act, the commissioners shall by licenee
in writing, authorize the company 10 erect
gales al suitable distances, and demond and
receive, of persons travelling such road, the
tolls allowed by law; and IN case it should +
happen that said commissioners, or either
of them, should be stockholders in the turn
pike or plank road company, making op>
plca,ion as aforesaid, the duties hereby re-
quired Of them shall deyolve upon the pro>
bate Judge or Judges Of the county or coun-
ties aforesaid; and if such probate judges, |
or either of them should be stockholders, rs
aforesaid, such duties shall devolve upon the
common pleas Judge of the distric. in which
such road may lie, or the district judge OF
any of the districts in which such road may
lie, in case the same lies in two or more
districts.
Sec. SO. Every turnpike or plank road
company, entitled 10 charge toll as afore-
! said, shall be authorized TO receive from
persons travelling on or using said road, the
/ following tolls Tor every ten miles travel on
such road, and in the same proportion !or
] any less distance, to wit: Fer every tour
4 wheeled carriage, drawn by one horse, or
/ other animal, fifteen cents, and for each
/ additional animal five cents; for every sled
or sleigh, drawn by one horse or other ami
Il Il a,>l r. add al or,
imal FIVE cents; For every horse and rider,
Ave cents; For every horse mule or ass,
six months old or upwards, led or driven,
three cents; For every head of neat cattle,
six months old or upwards, one cent; For
every head of sheep or hogs, one half cent;
/ For every stage coach, drawn by four
horses, or other animals fifty cents; Por
every two wheeled carriage, drawn by one
horse, mule or ether animal, ten cents;
Provided, that any person or persons going
10 and from publ ic worship, on the Sabbath,
funerals, militia musters,.. elections, jury
men going 10 and from court, the troops
and armies Of the United Suites, and OF this
! State, may pass on any such turnpike or
I plank road free from toll.
Sec 81. That if any person or persons
using any such turnpike or plank road,
shall with intent to defraud .ary such turn.
pike or plank road company, or TO evade
the payment of toll, pass through any pri.
vate gate, or bars, or along any other
ground near any turnpike or plank road
4 gate, which shall be erected in pursuance OF
J this act, or shall practice any fraudulent
! means, with intent to evade or lessen the
& payment of such toll, each and every per.
son concerned in any sach FRAUDULENT prac>
tices, shall for every such offence, forfeit
r aud pay to the president, directors and COM
8 pany, owning such turnpike or plank road
8 the sum of five dollars, to be recovered with
costs of suit, before any justice of the peace
of The county in which such offence may
have been committed; without stay of exc,
cution; Provided, nothing in this act shall
be so construed as to prevent persons using
any such road between the gates for com.
mon purposes.
, Sec. So. That all turnpike and plank
! road companies hereafter tobe incorporated
as contemplated by this act, shall put up 9
stone or post OF the end OF each mile, with
!, the number Of miles from some noted poin
or place, al one end of the turnpike or plank
j road, fairly cut or painted thereon; ant
: also in conspicuous place near each gate
shall be placed a board with the rates o
Toll painted thereon; and no toll shall be
! demanded unless such rates are kept up.
Sec. 80. That if any toll gatherer or
any turnpike or plank road, shall unreason
!. aoly detain any passenger after the toll has
been paid or rendered, or shall demand OF
, receive greater toll than shall be allowed
J by law on such road, he shall, for every
J such offence, forfeit and pay sum not ex'
ceeding twenty dollars, to be recovered with
COSTS Of suit, before any justice of the peace
having competent jurisdiction thereof. with.
out stay of execution; Provided, no suit
shall be commenced against any toll gath.
:. erer for any offence committed, Or penalty
8 incurred under this section, unless the same
I shall be commenced within twenty days
from the time of committing or incurriug
the same; and the defendant or defendants
in any such suit or action may plead the
4 general issue, and give this act and special
matter in evidence.
Sec. 40. That every turnpike or plank
road company, hereafter to be incorporated,
as contemplated by this act, shall cause to
be kept fair and accurate account of the
whole expense of making any such turnpike
or plank road, with the expenses of tol
gatherers, and all other necessary agents or
officers whom the company may find it con.
yenient 10 employ, and also fair and accul
rate account ofthe 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 State; and if any
turnpike or plank road company shall neg.
lees OF refuse 10 exhibit their accounts,
agreeably TO the provisions Of this section.
when ibereunto required by such commits
sioners, or the agent Of the General AS
sembly. all the rights granted by this act,
incorporating such company, shall cease
and determine.
/ Sec. Al. That if any turnpike or plank
road company shall fail to keep its road in
repair, for five days successfully, any per>
son may file q complaint in writing, before
4 an t,oft0 ~ r..