by law, when the grade does not exceed seven degrees. 66 v. 46, 1; 75 v. 90, $ 34.

§ 3478. How authority to take toll acquired

A company, when it has completed its road, or any part thereor, not less than three miles, and when, from time to time thereafter, it has completed any further or continuous portion thereof, may apply to the commissioners of the county in which the finished road, or part thereof, lies, or in case the same lies in two or more counties, to the commissioners of either of the counties, and the commissioners shall appoint three judicious, disinterested freeholders, who shall, on oath, examine the same, and report their opinion to the commissioners, in writing; if they report that the road, or such part thereof, is completed agreeably to the provisions of this chapter, the commissioner shall, by license in writing, authorize the company to erect gates, at suitable distances, and demand and receive, of persons traveling such road, the tolls allowed by law; if any such commissioner is a stockholder in the company making the application, the duties required of the commissioner shall devolve upon the probate judge of the county or counties aforesaid; and if any such probate judge is a stockholder in the company, such duties shall devolve upon the common pleas judge of the district in which such road lies, or the judge of any of the districts within which such road. lies, in case the same lies in two or more districts. 67 v. 94, § 1; 50 v. 274, 35; 51 v. 395, § 3; 51 v. 484, § 4; 69 v. 196, § 1; S. & C. 295, 320, 334.

§ 3478a. Extension of turnpike road to other improved road

That any turnpike company, whose beginning point is in a turnpike road, and having completed more than two and one-half miles, but less than three miles, and connecting its said road with an improved graveled road, or with another turnpike road, shall have all the privileges, and shall in all other respects conform to the requirements of said original section thirty-four hundred and seventy-eight: provided, that the county commissioner shall first authorize said privilege by a vote entered upon their journal. 79 0. L. 144.

§ 3479. Penalties for evading the gates

A person using any such road, who, with intent to defraud any such company, or to evade the payment of toll, passes through any private gate or bars, or along any other ground near a turnpike, or plank-road gate erected in pursuance of law, or practices any fraudulent or forcible means with intent to evade or lessen the payment of such toll, shall, for every such offense, forfeit and pay a fine of five dollars, to be recovered with cost of suit and amount of toll due for passing through any such gate, before any justice of the peace of the county in which such offense was committed, without stay of execution. And the fine or fines when collected for such offense, shall be paid into the common school fund in the township in which such offense was committed, but nothing herein shall be so construed as to prevent persons using any such roads between gates for common purpose. O. L. 77.

See Cin., etc., Ave. Co. v. Bates, 2 C. C. 376.

§ 3480. Mile stones

78

Each company shall put up a post or stone at the end of each mile, with the number of miles from some noted point or place, at one end of the road, fairly cut or painted thereon, and shall place near each gate a board, with the rates of toll painted thereon; and no toll shall be demanded unless such boards are kept up. 50 v. 274, § 38.

§ 3481. Rates of toll

Every company entitled by the laws of this state to charge tolls may receive from persons traveling on or using its road, the following tolls, and no more, for every ten (10) miles travel on such road, and in the same proportion for any less distance, to wit: For every four-wheeled carriage or other vehicle, 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, or mule and rider, five cents; for every horse, mule or ass, six months old or upward, three cents; for every head of neat cattle, six months old or upwards, one cent; for every head of sheep or hogs, one-half cent; for every stagecoach or omnibus, drawn by two horses or other animals, thirty

cents, and for each additional animal, ten cents; for every twowheeled carriage drawn by one horse or other animal, ten cents, and for each additional animal, five cents; and for every engine wagon or other vehicle, drawn or propelled by steam or otherwise than herein provided, such companies may charge and receive such rates of toll as their directors or board of managers may from time to time direct, but not to exceed five (5) cents per mile; but on all turnpike roads constructed of and kept in repair with two-thirds broken limestone the companies operating the same may charge and receive for each ten miles travel on such road, and in the same proportion for any less distance, to wit: For every four-wheeled carriage or other vehicle drawn by one horse or other animal, twenty cents, and for each additional animal, ten cents; for every sled or sleigh drawn by one horse or other animal, ten cents, and for each additional animal, five cents; for every horse or mule and rider, ten cents; for every horse, mule or ass, six months old or upwards, five cents; for every head of neat cattle, six months old or upward, one and one half cents; for every head of hogs, three fourths of a cent; for every head of sheep, one-half cent; for every stagecoach or omnibus, drawn by two horses or other animals, forty cents, and for each additional, ten cents; for every two-wheeled carriage drawn by one horse, fifteen cents; and for every engine, wagon or other vehicle, drawn or propelled by steam or otherwise than herein provided, such companies may charge and receive such rates of toll as their directors or board of managers may from time to time direct, but not to exceed five (5) cents per mile; but persons going to and from their regular place of worship on the Sabbath, or to and from funerals, militia musters, or elections, jurymen going to and returning from their attendance at court, and the troops and armies of the United States, and of this state, may pass on any such road free of toll; and a company incorporated for the purpose of constructing a turnpike or plank-road from a mine or quarry to a railroad, canal, slack-water navigation or navigable water, macadamized road or place within or upon the borders of this state, may, when such road is completed, charge and collect such amount of toll for teams hauling the products of such mines or quarries on its road as its directors may determine, not exceeding four cents per mile for two-horse teams, and an increase of two cents per mile for each additional horse; but such rates shall not be charged for teams hauling the

products of such mines or quarries for more than eight miles, nor shall other travelers on such roads be charged more than the ordinary rate of toll per mile as allowed by section thirty-four hundred and eighty-one. 88 O. L. 33.

§3482. Repair of roads within municipalities—

If a company fail to keep any part of its road within the limits of a municipal corporation in repair for five days successively, the proper authority of such municipal corporation may pass a resolution requiring such company to repair the same within ten days after the service of a copy of such resolution on the gate-keeper nearest such municipal corporation, and the company shall declare its intention to abandon or repair the same; in case of a failure or refusal so to do within thirty days, or in case of a failure or refusal to repair in ninety days, the municipal corporation may file a complaint, in writing, with a copy of the resolution, in the court of common pleas of the county, describing the portion of the road required to be repaired, and the court, or any judge thereof, shall appoint two disinterested persons as inspectors, who shall view the portion of the road complained of, and return their findings thereon, under oath, to the court, within ten days; and if they find the complaint to be true, such portion of the road shall be declared abandoned by the company, and the municipal corporation may improve or repair the same, and assess and collect the cost of such improvement or repairs in the same way as is provided by law in relation to the improvement of streets. 51 V. 464, I; S. & C. 333.

See Village of Madisonville v. Turnpike Co., 17 B. 30.

§ 3483. Proceedings to enforce repair

Notice of the complaint, and of the appointment and time of meeting of the inspectors, shall be served on the president or other officer of the company, or at its principal office, five days before the meeting of the inspectors; and if such service be made by any person other than the sheriff, it shall be verified by the oath of the person making the same; no toll shall be received at the gates for the portion of the road so declared abandoned; and if the keeper of any gate demand and receive toll for the same, he shall be liable to pay the sum of five dollars to the party injured, to be recovered by civil action before any justice of the

peace having jurisdiction; [and] the costs of the proceeding on the complaint shall be paid by the company, if the action be sustained, but if not sustained they shall be paid by the municipal corporation, and execution shall issue therefor as in other cases. 51 v. 464, § 2; S. & C. 334.

§ 3484. Repair of roads outside of municipalities—

If any company fail to keep in repair its road outside the limits of a municipal corporation for five days successively, or fail to build or rebuild any of the bridges or culverts across any or all of the streams crossing its road for a period of six months, any person may file a complaint, in writing, before any justice of the peace of the county, setting forth the nature and extent of the defect complained of, and designating the place or places in the road where it exists; the justice, upon at least three day's notice, to be given to the gate-keeper nearest the place complained of, shall appoint two disinterested persons as inspectors, to meet at the place complained of within five days, and of the time and place of which meeting reasonable notice shall be given to such gate-keeper; the inspectors shall then examine into the truth of the matter complained of, and if they find the complaint to be true, they shall file with the justice a report of their finding, in writing, and send a certified copy of the complaint, and of their finding thereon, to the keeper of each of the gates between which the defective place or bridge is located, and thereafter no toll shall be received at such gates for the intermediate distance until the parts of the road found defective by the inspectors are fully repaired, or an appeal is taken as hereinafter provided; if the keeper of any such gate demand and receive toll contrary to the provisions of this section he shall be liable to pay the sum of five dollars to the party injured, to be recovered by action before any justice of the peace having jurisdiction; the company shall be liable to any person injured, for the damages sustained by reason of such road or bridge being suffered to remain out of repair by the neglect of the company; the justice shall record the complaint, and the report of the inspectors; and the inspectors and justice shall be entitled to receive one dollar per day for their services, which shall be paid by the company, if the complaint be sustained; and if it fail, then by the complainant; and to the