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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 3281   View pdf image (33K)
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THOMAS SWANN, ESQUIRE, GOVERNOR. 943

road is in good order and repair, or may move
to quash the proceedings for any matter of law, in
which case the State's Attorney for the county
shall appear for the petitioners, and the proceed-
ings on the part of the petitioners shall be con-
ducted at the cost of the county, and the Court
may adjudge on the finding of the jury or other-
wise, as may be just and in accordance with prin-
ciples of law, and may give judgment for costs
against the county or against the corporation, in
its discretion.

 

Sec. 116. And be it enacted, That if the inqui-
sition shall be finally confirmed, and the said road
shall not be put in good order and repair within
thirty days thereafter, the said Court may order
that the right of the corporation to charge tolls on
any part of said road within the limits of said
county be forfeited, until it shall be made to ap-
pear to said Court by said corporation that the
whole of said road within said county has been
put in good order and repair, when said order of
forfeiture may be rescinded by the said Court.

Tolls forfeited.

Sec. 117. And be it enacted, That, and if within
six months after the date of an order of the Court
forfeiting the right of the corporation to charge
tolls, the said road shall not have been put in good
order and repair within the limits of the county in
which said order may have been passed, the said
road within said county shall be forfeited by the
corporation, and shall vest in the County Com-
missioners of the county, who may cause the same
to be put and kept in good order and repair, and
collect tolls sufficient for that purpose, or may
transfer the same to another corporation, in their
discretion, in which case the new corporation shall
have the same rights and franchises, and be sub-
ject to the same conditions and forfeitures, with the
original corporation constructing said road.

Road forfeited.

Sec. 118. And be it enacted, That if any corpo-
ration formed under the provisions of this Article
shall desire to erect any bridge over any river,
creek or stream of water in this State, or between
this and another state, the said corporation shall
first obtain the consent, in writing, of the County
Commissioners of the county in which said bridge
may be proposed to be located: or if said bridge

Erect Bridge.



 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 3281   View pdf image (33K)
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