THOMAS SWANN, ESQUIRE. GOVERNOR. 941
may be, such rates as will yield the said dividend
and no more, and such writing shall be recorded
in the office of the County Commissioners, and
also in the journal or book of proceedings of the
corporation, and copies thereof shall be printed
and exposed to public inspection at every toll-gate ;
and such writing, or a copy thereof, shall be con-
clusive evidence of the right of the Company to
charge tolls and of the amounts thereof.
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Yield divi-
dend.
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Sec. 110. And be it enacted, That if a company
shall be formed to make a turnpike or plank road
through several of the counties of the State, when
the same may be finally completed, a report as
hereinbefore mentioned, shall be made to the Comp-
troller, and by him laid before the Governor, of
the entire cost of said road ; and the said Gover-
nor shall therefore appoint five commissioners to
examine and report to him, on the construction of
said road, its adaptation to public uses, the whole
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Report to
comptroller.
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cost thereof, and the revenue and expenses of main-
taining the same, so far as ascertainable ; and if
said report shall be favorable, the Governor shall
issue his warrant to said corporation, authorizing
it to establish toll-gates, and specifying the rates of
toll which may be charged by said corporation, so
that a dividend of eight per centum, net, may be
made to the stockholders ; and the warrant of the
Governor shall be final in the premises, and the
company shall report annually to the Comptroller,
who shall lay the same before the Governor, who
may order a change of location of gates, and of
the amount of tolls to be charged, and issue his
warrant accordingly, whenever he may deem the
same necessary to effectuate the extent of these
provisions.
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Cost of road.
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Sec. 111. And be it enacted, That when such
corporation shall desire to locate its road within
the limits of or through any incorporated town or
city, it shall obtain the consent of the corporate
authorities of each town or city, to be evidenced
as provided in the case of County Commissioners.
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Locate road.
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Sec. 112. And be it enacted, That when such
corporation shall desire to locate the bed of a turn-
pike or plank road elsewhere than on the bed of
existing county roads, it may agree with the
owners of lands for the right of way, or obtain
the same by condemnation.
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Condemn.
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