Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-28
AN ACT
1851 AN ACT
70 provide for the surrender or transfer of Turn
pike and Plankroads.
April 16, 1857.

mo. 1851 AN &C.
To provide for the surrender or transfer Of Turn
pike and Plankroads.
SECTION /. Be it enacted by the General As
senbly of the State of Ohio, That any turn
pike or plankroad company, having their road
located or constructed, or having the corporate
right to construct any such road through or into
any county OF counties of this State, may relin-
qui sh and transfer to the Commissioners OF any
such county or counties. the whole or any part
of their said road. together with all rights and
privileges appertaining thereto; Provided, that
in any such transfer to the Commits sioners of any
county shall be limited to the part of such road
within the boundaries of such counties respect
i. ely; Provided, that such transfer shall be with
out consideration.
SEC. 2. such transfer shall be evidenced by
the execution of a written description signed bl
the president or other principal officer, and the
secretary or other recording officer, and under
the seal of said company, and shall take effect
and have full force on depoSiting with the Au-
ditor o. the county within which said relnquish-
ed road may lie, the said written declaration or
I copy thereof. which written declaration 50 de-
posted as aforesaid, shall thcreuPOn BE- entered
by said Auditor upon hisrecord OF roads o. high
ways, and thereafter such road or part of road
shall be under the control OF the County Com
missioners of the county in which the same may
lie, who shall by Il proper order proTIde, that
the slme shall be Il pubic highway, aud with
the assent Ol the Commissioners Of the county in
which the road relIuqIiShed may lie.
SEC 3. ANY such company my, with the con-
sent of three fourths of the stockholders, reiin-
quish and transfer. by sale or Otherwise, to any
person or persons other than Comm ssiouers Of
c~ouaties. the VII l. or any part of said road, to-
g2tn err with ali rights ami privileges appertaIn-
ing thereto. WINCH sale or rclInqu!Shment shall
be evidenced b. a written deed Of conveyance
under the seal Of such CO nplny. signed by the
president or other principal officer . such com
pauy,and the secretary or other recording officer
thereof. which shall, before it shall have any va
lidity or eject, be recorded in the Official rec
urds of deeds of each county Within which said
road or any part thereof, which has been 50 scld
and conveyed as aforesaid shall b., or be left for
record in the Office containing such official rec
ords; Provided, however, that such sale Or
| transfer as aforesaid may be made upon the con-
sent of the holders of three fuurthS o! the entire
stock Of the company, the holders OF the stock 50
concerning in that case TO be liable in their in
dividual capacity TO any stakeholder not assent
ing for such loss or injury as such Notwithstanding
stakeholder shall Sustain By reason of such sale
or transfer.
SEC. i. No reIinquishment. sale or transfer,
herein provided for shall prejudice or effect in
any way the claim Of any creditor of the cOnpa-
ny making the same. nor shall the provisions oil
this act extend to or be applicable to any road
in which the State of Ohio is interested as 4
stakeholder.
y. II. y VOORHEES,,
Speaker of the House of Representatives.
THOMAS IL. FORD,
President of the Senate.