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Sec. 3. The capital stock of said company shall be two hundred and fifty thousand dollars, to be divided into ten thousand shares 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 Lenawee, Hillsdale and Branch, at which meeting, the said subscribers, or such of them as may attend, being a majority in interest of the stockholders, may proceed to organize said company by the determination and election of proper officers and the adoption of suitable bylaws not inconsistent with this act; and every stockholder shall be entitled to one vote for each share held by him.
Sec. 4. At the time of subscribing for such stock, each subscriTo pay $1 ber shall pay into the hands of the said commissioners one dollar on for each share. each share subscribed, and at the said first meeting of said company
no person not having 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 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 share of capital stock until the whole amount of capital stock 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 here. by empowered and authorized 10 survey and lay out on the line of any existing highway or elsewhere, a road commencing at the village of Adrian, and running thence westerly on the most eligible route to Coldwater, passing through the village of Harrison and Jonesville: Provided, That said road shall not be laid out on the line of any existing highway without the consent, in writing, of the commissioners of highways of the sevoral townships through which
said road shall pass. Damages: Sec. 7. The damages sustained by any person or persons by
Power of company.
to be made and filed in
reason of the laying out and opening of said road may be ascer-
Sec. 8. Said commissioners shall cause a correct map and survey of so much of said road as shall be laid out by them in Com'rs to
cause map each county, to be made and filed in the office of the register of deeds of such county, designating such parcels of land ellicer of re
deeds. through which they have laid said road and have assessed the damages as 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 upon the 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 re-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 own. er 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 said company, shall direct such notice to be given to such owner or owners by publication in some newspaper as such court may deem reasonable, fixing the time within which such own. er or owners are to take such appeal; and in case he or they do not take such appeal within the time fixed by such order, the said
assessment shall be final. To constru't Sec. 9. The said company shall, and is hereby authorized and and keep in repair plank empowered, to construct and keep in repair, a plank road on the
route so laid out and established, from the village of Adrian to the village of Coldwater; said road to be built of good plank, not less than eight feet long and three inches in thickness, and shals 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 thereover, for wagons,carriages or other vehicles. And the said company may extend the said road from Coldwater to Union City in the county of Branch, at any time within five
passage of this act, and for shall have all the powers, aud be subject to all the restrictions and liabilities conferred and imposed by this act : and when completed, the said road from Coldwater to Union City,shall be part and parcel of the property of the company hereby incorporated.
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 constrnct said road.
Sec. 11. The directors of said company may commute with the
subscribers to the stock of the company by allowing them in lieu May commuite müths. 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 the said company shall notify the govern or or To appoint
acting executive of the state, that at least five miles of said road is constructed, he shall thereupon appoint three discreet and disinterested persons as commissioners to view the same, and report in wri
ting 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 neces
cessary and sufficient to collect the dues and tolls hereinafter granted to the said corporation from all persons travelling 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 no more than six whole toll gates or twelve half toll gates shall ever be placed across said road, and not more than a proportionate number, according to the distance said road shall be completed. Sec. 13. As soon as five miles of said road shall have been com- May appoint
toll gatherpleted, and permission granted as aforesaid, to erect a whole or ors. half toll gate or gates upon and across the same, it shall and may be lawful for the directors of said company to appoint toll gatherers to collect and receive of and from all and
per sons using or travelling on said road at each and every of said whole toll gates, and at each half toll gate in proportion, such tolls and duties to wit: For neat cattle, driven over the road, six cents for every score; for
every wagon drawn by two horses, mules or oxen, twelve and a half 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 attach-, ed to a vehicle, four cents; for every horse and mule, with its rider six cents; 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 part of the farm on which such person resides, or from any person using said road for a distance not exceeding one mile
Duty of com'r.
either way from the residence of such person, nor from any troops in the service of the United States or of this state.
Sec. 14. If any toll gatherer shall unreasonably detain or hinder any traveller or passenger, or property at either of said gates, or shall demand or receive more tolls than by this act are established, 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 chatt els 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. 15. Whenever complaint shall be made to either of three commissioners appointed in pursuance of the fifteenth section of 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 notice as aforesaid, be and remain open,
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
and keep the same open until such repairs are completed, or shall hinder or detain any person or persons in passing said gates, or shall take or demand any toll from any person or persons, after receiving such notice, and until such repair 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 ev. ery offence, to be recovered in an action of debt before any justice