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and exercised by the debtor before such sale, in any name assumed by the purchaser. 65 v. 136, S 4; S. & S. 238.
$ 3534. Transcript to be filed with secretary of state
Upon the filing with the secretary of state of a duly attested copy of the sale, confirmation and conveyance of any franchise as is herein provided for, such transfer shall be recorded in the same manner that original articles of incorporation are recorded; and thereupon the franchise shall vest absolutely in the purchaser, in the same manner as franchises vest in original corporators upon the recording of the certificate of incorporation. 65 V. 136, $ 5; S. & S. 238.
§ 3535. When right to take toll may be sold on execu.
tionWhen a judgment has been heretofore or is hereafter rendered against any turnpike, plank-road or bridge company, and remains unsatisfied for ten days after the rendition thereof, execution may issue thereon against the goods and chattels of the company, which shall be levied upon and sold as in other cases; if sufficient goods and chattels cannot be found to satisfy such execution, the officer holding the same may, if the judgment creditor so direct, levy upon the right of the company to take toll at any of its gates within the jurisdiction of the officer, which right the officer shall advertise and sell as personal property; and the person who will pay the amount due upon the execution for the right of using such gate or gates, and of taking toll at the same, for the shortest time, shall be the purchaser; but nothing herein contained shall be so construed as to deprive the company of the same right to give bail for stay of execution, within the same time after the rendition of a judgment that an individual might have. 76 v. 49, § 1.
$ 3536. Certificate of such sale, and its effect-
The officer who makes sale of the right to take toll at any gate as aforesaid shall give to the purchaser a certificate thereof, which certificate shall be sufficient to authorize him to take possession of such gate and to hold the same during the time for which the same was sold; the purchaser shall have the full right to demand and receive the same tolls of and from all passengers passing through such gate as have been established and posted up by such company according to law; and during the possession thereof the purchaser, or his agent, shall conform to all rules, regulations, and contracts of the company, in the same manner as required of the gatherers of toll of the company, except that he shall hold for his own use all tolls collected at such gate for and during the time for which he purchased the same, and shall keep such part of the road in as good repair, so long as he holds the same under such contract, as when possession was taken thereof, ordinary wear and travel excepted. 76 v. 49, $ 2.
Secs. (3536, 1 and 2), see note to sec. 3822,
Rates of toll allowed.
Powers of Ohio river bridge com
panies. 3542. Further powers of such companies. 3543 Rates of toll prescribed. 3544 May lay railroad tracks on bridge.
Consolidation of companies. 3548. May change span or height of bridge. 3548a. Power to borrow money. 3549. May own and run certain ferries; rates
$ 3537. Powers of bridge companies
A company incorporated to construct a bridge over any stream of water in this state shall either own the bank on each side of the stream where it is proposed to erect its bridge, or obtain the consent of the owner or owners thereof, in writing, to occupy the same; it may purchase or appropriate in the manner provided by law and hold, such real estate as will be required for the site of the bridge, and suitable avenues or approaches leading thereto, may use so much of any public street, road or avenue, as is necessary for landings and abutments, and may appropriate in the manner provided by law any rights or franchises necessary in the construction of the bridge; and the provisions of section thirty four hundred and ninety-two shall be applicable to such companies. 69 v. 185, S 55; 53 v. 180, S 1; S. & C. 338.
S 3538. Must post rates of toll
Such company, previous to receiving tolls upon its bridge, shall set up and keep in a conspicuous place thereon a board, on which shall be written, painted, or printed, in a plain and legible manner, the rates of toll which are charged thereat; and if its charter provides that such rates shall be prescribed by the court of common pleas of the proper county, and the company demand and receive any greater rate of tolls than the rate so prescribed, it shall be subject to a fine of ten dollars. 50 v. 274, S 61; S. &
The posting of the rates of toll is a condition precedent to the right to exact tolls; but the casual interruption, by violence or otherwise, for a short period, in keeping up the rates of toll, would not deprive the company of any right, provided it had once performed the duty imposed by the statute, and were guilty of no unreasonable delay in keeping within its provisions. Bonham v. Taylor, io Ohio, io8.
$ 3539. Rates of toll allowed
Any company authorized by its charter to take tolls above the rates hereinafter provided may charge and receive the following rates of toll, and no more: For each foot passenger, one cent; for each horse, mule, or ass, one year old and upward, three cents; for each horse and rider, ten cents; for every chaise, chariot, gig, or other two or four-wheeled pleasure carriage, drawn by one horse, fifteen cents; for every such vehicle, drawn by two horses, twenty-five cents, and if drawn by four horses, thirty cents; for every sled or sleigh, drawn by one horse or other animal, ten cents, and for each animal in addition, three cents; for every wagon, drawn by one horse or other animal, ten cents, and for each animal in addition, three cents; for every wagon drawn by two horses or other animals, fifteen cents, and for each animal in addition, three cents; for each head of neat cattle, six months old or upward, one cent; and for each head of sheep, goats, or hogs, one-half cent; but this section shall not be construed to affect any company in whose charter special rates are provided, and no power is given to the legislature to alter or amend the same. 54 v. 177, § 1; S. & C. 352.
$ 3540. May make and enforce regulations
All bridge companies and owners are invested with full power and authority to make and enforce any rule or regulation deemed necessary or requisite to preserve and protect their property and collect their tolls, and may prevent any person from crossing any bridge owned by them on foot, or by riding, or driving any team or vehicle, or from driving any stock thereon, who fails to pay the regular fare when demanded; and the police or watchman of any such bridge shall have all the power and authority of policemen of cities, and may arrest any person who violates the law, or the rules of the company or person owning the bridge, without warrant, at or upon such bridge, and take him before the proper civil authority to be dealt with according to law. 64 V. 128, § 5; S. & C. 57.
$ 3541. Powers of Ohio river bridge companies
A company organized to construct a bridge over the Ohio river may construct and maintain such bridge, with suitable avenues or approaches leading thereto, and with either a single span or a draw, as the company may determine; but in either case, in order that the bridge may not obstruct the navigation of the river, the same shall be built in accordance with the provisions of an act of congress, approved July 14, 1862, entitled “an act to establish certain post roads,” or of any act of congress subsequently passed on the subject. 65 v. 55, $ 4; S. & S. 203.
$ 3542. Further powers of Ohio river bridge companies
Such company may purchase, or appropriate in the manner provided by law, and hold such real estate as, in the opinion of its directors, will be required for the site of the bridge, and of suitable avenues or approaches leading thereto, and may locate the same on, or construct the same over, any public street, road avenue or alley; provided, that in constructing the same over any public street, road, avenue or alley, the said bridge shall be constructed at such height as not to interfere with travel passing on, over or along the same; and provided further, that no pier, or other obstruction, shall be constructed or built upon such street, road, avenue or alley without the consent of the municipal or other authorities having charge or control of the same. And the company shall be responsible for injuries done to private property, adjacent or near to such bridge, by its elevation and construction, which may be recovered in a civil action brought by the owner, at any time within two years from the completion thereof.
86 0. L. 25. $ 3543. Rates of toll prescribed
The company may fix and collect reasonable rates of toll for
all persons, animals, vehicles and property passing or transported over the bridge; but such rates shall at no time exceed those collected at the Covington and Cincinnati bridge; and the company shall set up and keep in a conspicuous place, at each end of the bridge; a board on which the rates shall be written, painted or printed in a plain and legible manner. 65 V. 55, § 6; S. &
$ 354t. May lay railway tracks on bridge
The company may lay down a railway track or tracks upon the bridge and its approaches, and may contract at any agreed sum or rate, with any railroad company organized in this state in accordance with law, or any railroad company organized in any other state of the United States, for the use of the bridge, for the purposes of such railroad company; and any such railroad company organized in this state may enter into such contract with the bridge company, but the bridge company shall not have the right to charge or collect from the railroad company for the use of the bridge in the transportation over the same of cars, railroad passengers, and freights, a greater toll than the following: For each ton (two thousand pounds) of freight not exceeding fifteen cents; for each passenger not exceeding fifteen cents; for each passenger, baggage, mail or express car, not exceeding one dollar; for each eight-wheeled freight car fifty cents, and for each four-wheeled freight car not exceeding twenty-five cents. 65 v. 55, $ 7; S. & S. 203. $ 3545. Mortgage of franchises and sale of obligations
The company may include all its rights, income, profits and franchises in any mortgage it may lawfully make, and upon a foreclosure of a mortgage of its bridge, land, and franchises, and a sale thereof, such sale shall pass to the purchaser the corporate franchises of the company as fully as the company had them at the time the mortgage was executed; and the company may dispose of any evidence of indebtedness it may lawfully issue as is provided in section thirty-two hundred and ninety. 65 v. 55, $ 8; S. & S. 204.
$ 3546. Railroad companies may subscribe to stock
Any railroad company or other private corporation, organized under a law of this state, may become a subscriber to the capital