The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-10-22

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OF compensation, or where the owner is
unknown or incapable Of contracting,
then such damages TO be assessed and
paid in such manner as shall be pre-
scribed by law.
Sec. 33. That any company hereto
fore incorporated, for the purpose Of con-
stIuciing a turnpike road, may construct
said road, in any part thereof, by cover
ling the same with plank, not less than
two and half inches thick, Of sufficient
width for the accommodation Of teams,
and in a good and substantial manner,
instead Of covering the same with stone
or gravel.
Sec. 81. That all turnpike and plank
roads, shall be opened rot exceeding
sixty feet wide, thirty feet Of which
shall be cleared Of brush and logs, and
at least sixteen feet shall be made an ar
tifciaI road, composed Of stone, gravel,
wood, or other convenient materials, well
compact together, IN such manner as to
secure a firm, even and substantial road;
and in no case shall the ascent in any
such turnpike or plank rood, be greater
Than five degrees; Provided, that no
company or association of individuals,
which has been or may hereafter be in
corporated for the purpose Of making
any turnpike or plank road, shall be au-
ihorized 10 erect or keep up any toll
gate, or receive tolls, within The corpo-
rale limits Of any incorporated city, Town
or village, in this State, OF within eighty
rods Of such limits.
Sec. 35. That as soon as any turn
pike or plank road company shall have
completed any such turnpike or plank
road: ns aforesaid, or any parl thereof,
not less than five miles together, in any
part Of the route, aud so from time TO
time, as often as FIVE miles in addition
shall be completed, adjoining any five
miles previously completed, the commiss-
toner's Of the county in which such fin
ished road lies, or in case the same lies
in two or more counties. the commission
ers Of either Of said counties, shall, on
the application Of the agent of the COM
.pany, appoin, three judicious, dsnier-
ested freeholders, who shall, on oath or
affirmation, examine the same, and re-
porttheir opinion TO the commissioners
in wiring; ard If such report shall state
the road, or such part thereof to be com
pleied agreeably 10 the provisions ofihis
act, the commissioners shall, by license
in wiring, authorize the company 10
erect gates, at suitable distances, and
demand and receive, Of persons travelling
such road. the tolls allowed by law; and
in case il should happen that said com
missioners, or either Of them, should he
stockholders in the turnpike or plank
road company, making application as
aforesaid, ,he dniies hereby required Of
them shall devolye upon the probate
Judge or judges of the county or coun-
ties aforesaid; and if such probate
Judges, OF either of them, should be
stockholders, as aforefaid, such duties
shall devolve upon the common pleas
Judge of the di.trict in which such road
may lie, or the distric, Judge Of any Of
the districts in which such road may lie,
in case the same lies in two or more
districts.
Sec. 36. Every turnpike or plank
road company, entitled 10 charge toll as
aforesaid, shall be authorized TO receive
from persons travelling on or using said
road, the following tolls for every ten
miles travel ON such road, and in the
same proportion for any less distance,
10 wit: Fer every four wheeled carriage
drawn by one horse, or other animal, fif-
teen cents, and for each additional ami
NAL five cents; For every sled or sleigh,
drawn by one horse or other animal, five
cents, and for each additional animal
FIVE cents; For every horse and rider
FIVE cents; For every horse, mule or MSS,
six months old or upwards, led or driven,
ihree cents; For every head Of neat cat
lie, six months old or upwards, one
cent; For every head Of sheep or hogs,
me half cent; For every stage coach
lrawn by four horses, or other animals,
iay cents; For every two wheeled car
iage, drawn by one horse, mule or other
lnimal, ten cents; Provided, that any
,erson or persons going TO and from
public worship, on the Sabbath, funerals
militia musters, elections, jurymen going
% and from court, The troops and armies
IF the United States and Of this State,
nay pass on any such turnpike or plank
road, free from toll.
Sec. 81. That If any person o. per-
sons using any such turnpike or plank
road, shall, Ni,h intent 10 deffaud any
such turnpike or plank road company, or
to eyade the payment oftoll, pass through
any private gate, or bars, or along any
other ground near any turnpike or plank
road gate, which shall be erected in pur-
suance of this act, or shall practice any
fraudulent meaEs, with intent TO evade or
lessen the payment cf such toll, each
md every person concerned in any such
practices, shall, for every such
oitence, forfeit and pay 10 the president,