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and personal estate as may be necessary for the construction or repair of said road, the bridges and toll gates thereon, or for the erection of toll houses or other necessary buildings.
Sec. 2. The said corporation shall þe subject to the provisions of Serbient to chapter fifty-five of the revised statutes, approved May eighteenth, eighteen hundred and forty-six, except so far as the same are inconsistent with the provisions of this act.
Sec. 3. The capital stock of said company shall be two hundred and fifty thousand dollars, to be divided into ten thousand shares Capitalstc'k of twenty-five dollars each, and it shall be lawful for the said commissioners whenever fifty thousand dollars shall have been subscribed, (if within three years from the passage of this act,) to call a general meeting of the subscribers at such time and place as they may appoint, giving twenty days' notice thereof in some newspaper published in each of the counties of Shiawassee, Clinton and Ionia, at which meeting the said subscribers or such of them as may attend, being a majority of the whole, may proceed to organize, said company by the determination and election of proper officers, and by the adoption of suitable by-laws, not inconsistent with this act.
Sec. 4. At the time of subscribing for such stock, each subscri• To pay $1 ber shall pay into the hands of the said commissioners one dollar on each share subscribed, and at the said first meeting of said company, no person not baving made such payment shall be permitted to vote or act as a member thereof; and said commissioners shall pay over all money paid to them on said stock as aforesaid to such officers as the said company shall direct after the same shall have been organized.
Sec. 5. The said company shall have power in such manner and at such times as it shall by vote determine, to make calls on each Power of co share of capital stock until the whole amount of capital subscribed is paid in, and may declare forfeited and sell all shares on which such calls shall not be duly paid.
Sec. 6. The said commissioners or a majority of them are hereby power of empowered and authorized to survey and lay out on the line of any existing highway or elsewhere, a road commencing at the village of Portland and running thence easterly to some eligible point on the Pontiac and Corunna plank road: Provided, That said
on each share.
in sec.of states office.
road shall not be laid out on the line of any existing highway without the consent in writing of the taxable inhabitants residing on the line of road so sought to be used.
Sec. 7. The damages sustained by any person or persons by Damages.
reason of the laying out and opening of said road may be ascer-
and survey map &c; to of so much of said road as shall be laid out by them in each coun:
ty, to be made and filed in the office of the register of deeds of said county, designating such parcels of land through which they have laid said road, and have assessed the damages aforesaid; and in case the owner of such land! or his agent shall not, within ten days after a certificate of such assessment is filed in the clerk's office as aforesaid, and notice thereof as herein provided, file in the same office a notice of appeal to the county court of such county, the said assessment shall be considered final; and
payment of the amount so assessed or a tender thereof by said company to the owner or his agent, the right of way through such land shall be as fully vested in said company as if the same had been conveyed by the owner of the land. And in case a notice of appeal from any such assessment, shall be filed in the clerk's office as aforesaid, within the ten days aforesaid, then the said county court shall have jurisdiction of the matter, and shall cause the damages for the right of way through such land according to such survey, to be assessed by a jury of twelve freeholders disinterested in the matter; and either party may introduce witnesses touching the amount of damages; and on the payment or tender of the amount by such jury assessed as damages, to the owner or his agent, the said right of way shall be as fully vested in said
company as if released by the owner of the land: Provided,
That said company shall cause notice of the filing of such certificate of the assessments to be served on the several owners or their agents, if such owner, or one of several joint owners, or agent reside in the county where such land lies; and in case the owner, or one or more of several joint owners of any such lands, shall not reside in the county in which the same lies; in that case the said court, on application of such company, shall direct such notice to be given to such owner or owners by publication in some newspaper as such court shall deem reasonable, and fixing the time within which such owner or owners are to take such appeal; and in case he or they shall not take such appeal within the time fixed by such order, the said assessment shall be final.
Sec. 9. The said company shall, and is hereby authorized and empowered, to construct and keep in repair a plank road on the and keep in
repair said route so laid out and established; said road to be built of good road. sound plank not less than eight feet long and three inches in thickness, and shall have power to grade, ditch and drain the road in such a manner as may be necessary or convenient for that purpose ; and at the intersection of said road with other roads, it shall be so constructed as to afford easy and safe access thereto or passage
there. over, for wagons, carriages and other vehicles. The said company may extend a branch of said road from Dewitt northerly to Du Plain, and for that purpose shall have powers and be under the same restrictions that are provided and authorized in this act.
Sec. 10. The said company, while constructing said road shall cause no unnecessary impediment or obstruction to the travel on any highway on which they may construct said road. Sec. 11. The directors of said company may commute with the
May comsubscribers to the stock of the company by allowing them in lieu of paying their subscription in money, to take contracts (on giving satisfactory security for the fulfillment thereof,) for the furnishing of materials or the executing of any part of the work to be done on said road.
Sec. 12. As soon as the said company shall notify the governor or acting executive of the state, that at least five miles of said road point three is constructed, he shall thereupon appoint three discreet and disinterested persons as commissioners to view the same, and report in
mute with stockholde's
Gov. to ap
writing to him whether the road is constructed according to the provisions of this act; and if they shall report in the affirmative, he shall forth with authorize the said company to erect so many gates upon and across said road as may be necessary and sufficient to collect the dues and tolls hereinafter granted to the said corporation from all persons traveling on or using the same; and this may be done as often thereafter as any other portion of said road shall be finished, not less than five miles in extent; but not more than one whole toll gate or two half toll gates to ten miles in distance,
shall ever be placed across said road. May appoint
Sec. 13. As soon as five miles of said road shall have been comtoll gather:
pleted, and permission granted as aforesaid, to erect a whole or half
toll gates, and at each half toll gate or gates in proportion, such tolls Rates of toll and duties to wit : For neat cattle, hogs and sheep driven over
the road, six cents for every score; for every wagon drawn by two horses, mules or oxen, twelve and a balf cents, and four cents for each additional horse, mule or ox; for every coach, pleasure wagon or carriage drawn by two horses, twelve and a half cents, and each additional horse, four cents; for every chaise, sulkey, wagon or pleasure vehicle drawn by one horse, ten cents; for every cart drawn by two oxen, ten cents; for every horse or mule, led or driven, not attached to a vehicle, four cents; for every horse and mule with its rider, six cents ; and for all sleighs and sleds drawn by horses, mules or oxen, if the same are used for burthen, half the tolls on wagons, and if the same are used for pleasure, half the tolls on pleasure vehicles on wheels; and it shall be lawful for every toll gatherer to stop and detain any person or persons, and any property above named in this section until the lawful toll be paid : Provided, That no toll shall be demanded from any person going to or returning from funerals or public worship, or from any person going to or returning from any part of the township on which such person resides, or from any person using said road for a distance not exceeding one mile either way from the residence of such per
com'r incase road is out of repair.
son, nor from any troops in the service of the United States or of this state.
Sec. 17. (14] If any toll gatherer shall unreasonably detain or hinder any traveller or passenger, or property, at either of said gates, or
detaining shall demand or receive more tolls than by this act are established, persons. he shall for every such offence, forfeit and pay twenty-five dollars, to be recovered by the person or owner of the property so unreasonably detained, for his own use, with costs of suit, before any justice of the peace in the county where such detention occurred : Provided, That if no goods and chattels of such toll gatherer can be found to satisfy such judgment and costs, then in that case, the personal property of said company, shall be liable to execution issued on said judgment, and the same may be taken on such execution in the same manner as if said execution was against said company in its corporate name.
Sec. 18.(15) Whenever complaint shall be made to either of three commissioners last appointed in pursuance of the fifteenth section of Couter inte this act, that any part or parts of said road is out of repair, it shall be the duty of such commissioner to give notice to the other two commissioners, who, with him shall proceed to examine such part or parts of such road, and if they find the same to be out of repair, then the said commissioners shall give notice in writing of such defect to the toll gatherer or person attending the gate nearest the place so out of repair; and may also, in their discretion, in the said notice, order such gate or gates to be thrown open; and the said gate or gates so ordered to be thrown open shall, after service of such police as aforesaid, be and remain open, and no tolls shall be demanded until after such road is put in complete repair ; and if such keeper of the gate shall not immediately after the receipt of such notice, open the gate and keep the same open until such repairs are completed, or shall hinder or detain any person or persons in passing said gate, or shall take or demand any toll from any person or persons, after receiving such notice, and until such repairs are completed as aforesaid, the toll gatherer or gate keeper so detaining any person as aforesaid, shall forfeit and pay to the person so detained the sum of twenty-five dollars for each and every offence, to be recovered in an action of debt before any justice of