The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-21
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

-
PUBLISHED BY AUTHORITY.
5 No. 81. AN ACT
t To provide, for the creation and regula
ton Of Incorporated Companies
in the State of Ohio.
coNcLUDED.]
Sec. 35. That so soon as sny turnpik,
or plank road company shall have com
pleted any such turnpike or plank road
as aforesaid, or any part thereof, not les
than five miles together,in any part of tn,
J route, and SO from time to time, as offer
as five miles in addition shall be compile
ted, adjoining any five miles previously
completed, the commissioners of the coun
ty in which such finished road lies, or ir
case the same lies in two or more coun
ties, the commissioners of either of sale
counties, shall, on the application Of the
agent of the company, appoint three judi
cious, dsinterested freeholders, who shall
on oath or affirmation, examine the same
and report their opinion to the commits
sioners, in writing; and if such report
shall state the road, or such part thereof
to be completed agreeable TO the provi.
sions of this act, the commissioners shall
by license in writing, authorize the compa.
ny to erect gates, at suitable distances
and demand and receive, of persons trav-
cling such road, the tolls allowed by law;
and in case it should happen that said com
missioners, or either Of them, should be
stockholders in the turnpike or plank road
company, making application as afore-
said, the duties hereby required Of them
shall devolve upon the probate Judge or
judges of the county or counties aforesaid;
and il such probate judges, or either of
them, should be stockholders, as 'afore-
said, such duties shall devolve upon the
common pleas Judge OF the district 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. 36. Every turnpike or plank road
company, entitled to charge toll as afore.
said, shall be authorized to receive from
persons travelling on or useing said road,
the following tolls for every ten miles trav-
ell on such road, and in the same proper
Etion for any less distance, to.wit: For eve
ry four 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 animal, five cents, and for each
additional animal, five cents; For every
horse, and rider, five cents; For every
horse, mule or ass, six months old or up
wards, led or driven, three cents; For eve.
ry 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; For every two
wheeled carriage, drawn by one horse,
mule or other animals, ten cents; Provi.
ded, that any person or persons going to
and from public worship, on the Sabbath,
funerals, militia musters, elections, jury
men going to and from court, the troops
and armies Of the United States and ofI
this State, may pass on any such turnpike
or plank road, free from toll.
Sec. 81. That ifany person or persons
using any such turnpike or plank road,
shall, with intent to defraud any such
or plank road company, 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 in pur-
suance Of this act, or shall practice any
means with intent to evade or
lessen the payment Of such toll, each and /
every person concerned in any such frau.
dulent practices, shall, for every such Of
fence. forfeit and pay to the president, d.
rectors and company, owning such turn
pike or plank road, the sum of five dollars,
10 be recovered, with costs of suit, before
any justice of the peace of the county in
which such offence may have been com.
mitted; without stay of execution; Provi-
ded, nothing in this act shall be so con-
strued as to prevent persons using any
such road between the gates, for common
purposes.
SEC. 38. That all turnpike and plank
'oad companies hereafter to be incorpora.
ed. as contemplated by this act, shall put
up a post or stone at the end Of each mile,
With the number of miles from some noted
,oint or place, at one end of the turnpike
,r plank road, fairly cut, or painted there.
IN; and also, in conspicuous place near
zach gate, shall be placed board with
he rates of toll painted thereon; and no
oil shall be demanded unless such rates
ire kept up. 49, Ii
SEC. SO. That if any toll gatherer on
my turnpike or plank road, shall unrea-
onably detain any passenger after the
oil has been paid or rendered, or shall
lemand or receive greater toll than shall
10 allowed by law on such road, he shall,
or every such offence, forfeit and pay I
um not exceeding twenty dollars, to be
ecovered, with costs Of suit, before any
lstice Of the peace having competent ju.
isdiction thereof, without stay Of execu-