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when legally summoned as a juror or witness; going to or ABT' * returning from a militia training, which, by law, he is required to attend; or going to a town-meeting or election at which he is entitled to vote, for the purpose of giving such vote, and returning therefrom:

3. From any person residing within one mile of the gate at which toll is demanded, unless he shall be employed in the carriage or transportation of the property of other persons, not so residing:

4. From troops in the service of this state, or of the United States.

1 E. L., 233, § 7; Laws of 1818, 62; 16 B., 16; 8 J. R., 150; 9 J. R.,
356.

S 37. From carriages having wheels, of which the tire or when toiu

track 13, collected.

1. Twelve inches wide, no tolls:

2. Nine inches wide, one fourth only of the tolls otherwise payable:

3. Six inches wide, one half only of such tolls, Shall be collected.

§ 38. It shall be the duty of the president and directors, to of *»**» affix and keep up, at or over each gate, in some conspicuous place, so as to be conveniently read, a printed list of the rates of toll demandable at such gate.

§ 39*. It shall be lawful for the judges of the county courts j^"TM,0' of the county in which any toll gate is, or may hereafter be »e changed erected on any turnpike road, to determine and fix the location thereof, and to order any such gate to be removed whenever its location shall do injustice to the public, or to the corporation owning such road: such order shall be in writing and be served on the collector of tolls at such gate by one of the said judges, or a commissioner of highways; and after thirty days from the time of such service, it shall not be lawful for the said corporation to receive tolls at such gate until the same shall be removed to such place on said road as shall be approved by the said judges.

Laws of 1836, ch. 281.

ARTICLE FOURTH.

GENERAL PROVISIONS EMBRACING CORPORATIONS NOW EXISTING.

Bsc. 39b. Five inspectors to be appointed for each county.
40. To inspect all turnpikes in the county.
41.1 Upon complaint to view road; and order gates to be opened.

42. When gate ordered open, not to be shut without certificate.

43. In certain cases, inspectors to view road out of their county.

44. Penalty for disobeying order to open gate.

46. Inspector to give notice of road being out of repair.

46. And in mean time gate may be ordered to be thrown open.

47. Proceedings of inspector, if notice not obeyed. 48 & 49. Fees of the inspector, and by whom paid.

60. Penalty for delaying travellers or receiving more than legal tolls.

61. When corporation to be liable for penalties.

TITLE L

Inspectors,
Ac.

[386] Powers.

Duly on complaint that road is oat of repair.

Proceedings.

Sec. 52. Corporation may commute for tolls.

53. If day of election happen on Sunday, to be held on next day.

54. Penalties for injuring mile-stones, gates, ic. and passing gate without paving

toll.

55. Penalty for turning off, to evade payment of toll.

56. Penalty for erecting hoist-gates not equally balanced.

§ 39b. In each county of this state, in which there is or shall be any turnpike road, there shall be not less than three, nor more than five inspectors of turnpikes, neither of whom sball be interested in any turnpike within the state.

2 R. L., 225, § 1; see Laws of 1848, ch. 45.

§ 40. The persons appointed to such office, shall be the inspectors of all the turnpike roads within their county, except in cases where, by the act of incorporation, a special provision for the inspection of the road is made. But where the president, directors and company of any turnpike shall have refused or neglected to obtain the appointment of inspectors of their road, or when there shall be no inspectors of such road in office, or those in office shall refuse or neglect to serve when called upon, the county inspectors, shall, in respect to such turnpike, exercise all the powers conferred by this Article, until inspectors for such road shall be appointed according to the act incorporating the same, and until such inspectors shall accept their appointment and agree to serve.

S 41. It shall be the 'duty of each inspector to whom a complaint in writing shall be made, that a turnpike road, or a part of such road, in his county is out of repair, without delay to view and examine the road complained of; and if he shall find such complaint to be just, he shall give notice in writing of the defect, to the toll-gatherer, or person attending the gate nearest to each place out of repair, and in such notice, may, in his discretion, order such gate to be thrown open; but no inspector or inspectors shall order such gate to be opened, unless a notice in writing shall have been served on the gate-keeper nearest to the place out of repair, particularly describing such place, at least three days previous to making such order.

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When to view road oat of their county.

§ 42. Immediately after the service of such notice, each gate ordered to be thrown open, shall be opened; nor shall it be again shut, nor any toll be collected thereat, until one of the inspectors for the county, shall have granted a certificate, that the road is in sufficient repair, and that such gate ought to be closed.

6 Cow., 168.

§ 43. Whenever any part of a turnpike road shall be out of repair, and the gate to which it has relation, is situated in an adjoining county for which inspectors shall have been appointed, such inspectors, upon a complaint in writing, shall view and examine the road complained of, and proceed thereon according to the provisions of this Article, in like manner as if the road so complained of was within the county where such gate is situated.

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§ 44. Every keeper of a gate ordered to be thrown open, noTM'p^^g who shall not immediately obey such order, or who shall not && keep open such gate until a certificate permitting it to be closed shall be granted, or who, during the time such gate ought to be open, shall hinder or delay any person in passing, or take or demand any tolls from any person passing, shall, for each offence, forfeit the sum of ten dollars to the party aggrieved.

1 Cow., 251.

§ 45. It shall be the duty of each inspector, who, upon due f38»] examination, shall have discovered a turnpike road within his whJnto*' county, to be out of repair, or that any gate thereon is placed slTe noUcoin a situation contrary to law, to give notice in writing of such defect or default, to one or more of the directors of the company to which such road shall belong.

2 R. L., 225, § 3; 15 W., 269.

§ 46. In such notice, he shall require the defective road to ^3'TM"of be repaired, or the gate improperly placed to be removed, n° within a certain time to be fixed in the notice; and in his discretion, may order, that in the mean time, the gates on such road, or such of them as he shall specify, be thrown open.

<5 47. If the requisitions of such notice be not obeyed, it f^um^ shall be the duty of such inspector, to make immediate com- w,1^p"ed plaint to the attorney-general, or the district attorney for the w county, whose duty it shall be to prosecute the delinquent company, in the name of the people of this state. Such corporation, if convicted of having suffered their road to be out of repair, or having placed one or more of the gates thereon in a situation contrary to law, shall be fined in a sum not exceeding two hundred dollars.

11 W., 597.

§ 48. To each inspector of turnpikes, who shall view a turn- compenM. pike road upon complaint made to him, shall be allowed the pike inepecsuni of two dollars for each day spent by him in the performancs of such duty. If he shall adjudge the road viewed 'to be out of repair, such fees shall be paid by the company to which the road shall belong; otherwise, they shall be paid by the party making the complaint.

<5 49. Such fees, when payable by the company, shall be How paid paid by the toll-gatherer nearest the road adjudged out of repair, on demand, and out of the tolls received or to be received by him; and may be recovered, with costs, of such toll-gatherer, if he shall neglect or refuse to make such payment.

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TITljK 1

Pen»ity on S 50. Every toll-gatherer, who, at any turnpike gate, shall toii-gather- unreasonably hinder or delay any traveller or passenger liable to the payment of toll, or shall demand and receive from any person more toll than by law he is authorised to collect, shall, for each offence, forfeit the sum of five dollars to the person aggrieved.

1 R L., 234, § 9; 21 B., 321; 12 B., 650; 16 J. K., 73.

How«>i- § 51. Whenever a judgment is obtained against a tollec gatherer for a penalty, or for damages, for acts done or omitted to be done by him in his capacity of toll-gatherer, and goods and chattels of the defendant to satisfy such judgment cannot be found, it shall be satisfied by the corporation whose officer he shall be; and if, on demand, payment be refused by the corporation, the amount thereof may be recovered, with costs, of such corporation.

2S.L, 226, § 4.

[588] § 52. The president and directors of every turnpike corporacommuta- fton created or to be created, may from time to time commute with any person, whose place of abode shall adjoin or be near to their road, for the toll payable at the nearest gate on each side of such place of abode; but no such commutation shall be for a longer time than one year, and it may be renewed at the end of each period for which it shall be made.

2B.L, 227, § 5.

Election on § 53. Whenever the day of election for directors of any 00 T' such corporation shall happen on a Sunday, such election shall be held on the day next following.

2S.L, 227, § 7.

Penalties. § 54. Every person who shall,

1. Wilfully break, cut down, deface or injure any mile stone or post, on any turnpike road: or,

2. Wilfully break or throw down any gate or turnpike on such road: or,

3. Dig up or spoil any part of such road, or any thing thereunto belonging: or,

4. Forcibly or fraudulently pass any gate thereon, without having paid the legal toll:

For each offence, shall forfeit to the corporation injured, the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act.

1 R. L., 234, 8 8; 13 How. P. B., 449; 10 J. R., 389; 2 Cai., 97; 21 B., 212; 22 B., 662.

ft. § 55. Every person who, to avoid the payment of the legal

toll, shall, with his team, carriage or horse, turn out of a turnpike road, or pass any gate thereon, on ground adjacent thereto, and again enter on such road, shall for each offence forfeit the sum of five dollars to the corporation injured.

18 J. R., 66; 27 B., 611 j 1 J. C. R., 612.

Hoirt gatei g 56. No hoist-gate shall be erected on any turnpike, unless ij balanced, it be suspended by a chain and weight equally balanced, so

« ■ as to require manual force to raise and lower such gate; and AET L every turnpike company violating this provision, shall forfeit five dollars for every twenty-four hours such gate shall remain erected, to any person who will prosecute for the same, not being a director, stockholder or agent of such company.

Laws of 1819, 308, §4; Act concerning the Revised Statutes, passed
Dec 10, 1828, § 15.

TITLE II.

OF MONIED CORPORATIONS.

Regulations to prevent the insolvency of raonied corporations, and to
secure the rights of their creditors and stockholders.
Regulations concerning the election of directors of monied corporations.
Of the construction of this Title.

Art. 1.—

Art. 2. —
Art. 3. —

ARTICLE FIRST. [089]

REGULATIONS TO PREVENT THE INSOLVENCY OF HONIED CORPORATIONS,

AND TO SECURE THE RIGHTS OP THEIR CREDITORS AND STOCKHOLDERS.
Sec. 1. Restrictions upon monied corporations.

2. Unpaid interest not to be calculated as profits.

3. How surplus profits to be ascertained.

4. Amount of losses exceeding undivided profits, to be charged to capital.
6. When loans exceed three times amount of capital, excess to be called in.

6. Stock pledged to be sold and charged as reduction of capital

7. Conveyances for use of a corporation must be directly to it

8. Property of corporation not to be conveyed without resolution of board.

9. Conveyances in contemplation of insolvency, void. 10. Penalty on directors for violating preceding sections. 11 to 18. (Repealed.)

19. Corporations to transmit to comptroller statement of their affairs annually. 20 A 21. Matters to be set forth in such statement.

22. Penalty for not transmitting statement

23. Comptroller to enter statement in a book, for public inspection.

24. Comptroller to report to the legislature.

25. Forms of statements to be prepared by comptroller.

26. Banks not to issue bills for less than one dollar.

27. Penalty on banks for buying their own notes.

28. Officers, Ac, of banks not to discount notes offered to bank and rejected.

29. Honied corporations not to commence business until stock paid in.

30. Affidavit of the fact to be made.

31. Charter void, if affidavit be not filed.'

<5 1. It shall not be lawful for the directors of any monied Restriccorporation, monied

1. To make dividends, except from the surplus profits, Son?.'*' arising from the business of the corporation:

2. To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock, without the consent of the legislature:

3. To discount or receive any note or other evidence of debt, in payment of any instalment actually called in and required to be paid, or with the intent of providing the means of making such payment:

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