ART. 26.] CORPORATIONS.

63

county road, or on part of the bed thereof, the consent
of the county commissioners of the county in which
said road may lie having been first given in writing
and recorded among the proceedings of said county
commissioners, and also recorded in the book or jour-

nal of proceedings of said corporation. The location
of the bed of any part of said county road may be
changed by said corporation for the purpose of a better
construction of said turnpike or plank road or passen-
ger railway, provided the land to be occupied, be ob-
tained by agreement with the owners thereof, or by

Power to
change bed of
county road.

condemnation; at least fifteen feet in width of the bed
of any turnpike road shall be covered with broken
stone, or gravel, or other hard or durable materials, to
the depth of at least twelve inches, unless the natural
bed be hard, and the bed of any plank road shall be
well and securely laid and covered with plank or wood
for the same width.

Construction of
roads.

108. When any turnpike, or plank road, or passen-
ger railway, shall have been finished one mile in length,
the president and directors shall report to the county
commissioners of the county in which it may lie, under
the oath of the president and a majority of the direc-
tors, and of the treasurer of the corporation, the actual

Report to
county com-
missioners

. cost of said road so far as finished; and thereupon, the
county commissioners shall appoint three citizens of the
county to examine said road, and determine whether
the same is constructed in such manner as will sub-
serve the public interests for the uses to which said
road is applicable, who shall report to said county com-
missioners in writing, and said report shall be reviewed
by said county commissioners, and if they shall deter-
mine that the road is properly constructed, then as to
such turnpike or plank road the company shall be au-

Duty of county
commission-
ers.

thorized to erect a toll-gate thereon, and to charge such
rates of toll as will yield eight per centum per annum,
net profit on said actual cost, for distribution to the
stockholders, and the same proceedings shall be had as
each succeeding mile shall be completed, until the said
turnpike, or plank road, or passenger railway shall be

Toll-gates.