The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1864-04-13
narties eannot be made. it shan be lawful


for the corporation to give notice to some
Justice of the peace in the county where
such difficulty may occur, that such facts
do exist and such Justice. sAeN there
upon summon the owner of such land to
appear before him on particular day.
within ten DAYS thereafter. and shall APP
point five disinterested freeholders. of
the peiohborhood, who shall, after taking
an oath faithfully and irnpartially to as
sess the damages, if any, view the land
and such materials as the corporation
may actually need, and after having
taken into consideration, the advantages
az well as the disadvantages the road may
be to the same, report thereon, whether
the person is eatitled g damages or not;
and If so, how much. and shall file such
report with such justice. whereupon said
Justice shall enter Judgment thereon, un-
less for good cause shown; and II either
party show good cause, why judgement
shall not be entered, the Justice may
grant q review of. the premises, either
with or without cost, and III all cases
where owner or owners of such land, or
materials, shall be minors, insane, or re-
side out of the county where the land
may lie, such justice shall cause three
public notices, posted in three pubic
places, W thin said county, of snch apph-
cation, for three weeks previous to the
day appointed for selecting viewers OF
such premises, at which time the justice,
(unless good cause be siewn,) shall
proceed a. if the owner had been duly
notified to attend and on such judgment
being rendered, and the corporation
complying Herewith, by paying such
costs or damages awarded against them.
the corporation shall have the exclusive
use of the land over which said road is
located, and for which said damages had
been assessed; and the right to take
such timber, gravel, and the materials
for the construction of said road, as may
be so as aforesaid allowed for in da-
images, using due diligence to remove
the same, with as little damage to the
owner as possible Prorited ho'oecer, that
either party to said proceedings provided
for by this section, shall have the right
to appeal, from the judgment of the
Justice in the premises, to the circuit
court in the proper county, within three
months from said decision on the trial
of which appeal in the circuit court, either
party may have the same tried by jury
of the country as in other cases, appealed
from a Justice of the peace.
SEC. Is. That lift shall be necessary.
and advantageous to the location, and
construction of said road, the corpora
ton shall have the right to lay the same
along and upon any state or county
road: Prooided, horerer, before such
location shall be made, the corporation
shall make application to the county
commissioners of the proper county, for
such right, and such commissioners are
hereby vested with power to grant the
same, by an order entered on their re
cords
SEC. 10 That when said corporation
shall have procured the rightcf way, as
herein provided; they shall have the ex
elusive use of such land, and shall have
the sole right of occupancy in the same,
and no person, body polite, or corporate,
shall in any way interfere, modest, dis
turb, or injure any of the rights and
privileges hereby granted.
SEC. 20. The corporation may charge
and recover. by due course of law, two
per cent. per month for any money not
paid in on subscription to the capital
stock, together with costs of suit, when
called on as prescribed in the fifth section
of this act.
SEC. 81. The corporation may charge
and recover such toll from all persons
travelling on said road, for the privilege
of driving all manner of live stock,
Wagons. and teams, pleasure carriages,
sleighs, DC. or any part OF 1T as shall be
for the interest Of the company, and the
same to charge lower, oil raise at pleasure:
Prorided, that the rates be posted up in
some conspicuous place or places, on
said road, and provided that said tolls
shall not nett more than fifteen per cent
um per annum on capital stock, after
keeping said road in repair. \
SEC. -. The corporation may make
dividends ut such times as the Board OF
Directors may deem proper and expedi-
ent
SEC. % 1t shall be the duty of the
directors to cause full statement of the
affairs of the company, to be made and
exhibited to the stockholders at their
annual elections, or ut any other general
meeting of the stockholders.
SEC. "a That if any person or per-
sons shall wilfully and knowingly injure
or obstruct said road, or any part thereof.
or shall break, destroy, or defaee any
work, edifice, or toll gate belonging there
to, such person or persons, SO offending
shall pay to the corporation three times
the amount of damages, actually done,
with the costs of suit, to be recovered by
the corporation before any court having
competent jurisdiction.
SEC. %. The corporation may by
contract admit the intersection with
any other turnpike road or collateral
road.
SEC %. That if said road, after its
completion. shall be suffered to go into
decay. or to be impossible for one year,
this charter shall be forfeited and also
all damages. detentions. &c, caused to
travellers by imperfections in said road,
or its bridges, may be charged for by
the person sustaining the same, and col
lected as n common debt; and it shall be
unlawful for the company TO collect toll
for any part of said road. while danger
Gus imperfections exist.
SEC. %. This act to be in force from
and after its passage and it shall be Ia
ken to be public act and favorably con
strued Tor all beneficial purposes: and
any subsequent Legislature by rnajori-
" of each branch thereof, may alter or
amend this charter. F-