ART. 40. ] FORMATION, POWERS, AND REGULATION OF CORPORATIONS. 337
road is applicable, who shall report to said county commissioners in
writing, and said report shall be reviewed by said county commis-
sioners, and if they shall determine that the road is properly con-
structed, then as to such turnpike or plank road the company shall
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be authorized 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 pro-
ceedings shall he had as each succeeding mile shall be completed,
until the said turnpike, or plank road, or passenger railway shall be
finished; but when more than one mile of any turnpike or plank
road shall be completed, it shall not be necessary for the corpora-
tion to erect more gates than it may deem convenient, and it shall
be empowered to collect at the gate or gates, which may be erected,
tolls to yield at the rate aforesaid for the number of miles of said
road or passenger railway which may be finished.
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Toll-gates
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112, The corporation of any such turnpike or plank road, shall
revise its rates of toll every six months for three years from the
completion of its road, and shall report the amounts of its revenue
and expenditures at any time when demanded by the county com-
missioners, and if the receipts shall be found at any time to amount
to more than is necessary to yield eight per centum per annum, net,
to the stockholders, the tolls shall be reduced to that standard. In
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Id s 109
Revision of
toll rates
Report of
revenue and
expenditures.
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all cases the rates of toll chargeable shall be specified and approved
in writing by the county commissioners, and shall be, as nearly as
may be, such rates as will yield the said dividend and no more, and
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Rates of toll
chargeable
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such writing shall be recorded in the office of the county commis-
sioners, and also in the journal or book of proceedings of the cor-
poration, and copies thereof shall be printed and exposed to public
inspection at every toll-gate; and such writing, or a copy thereof,
shall be conclusive evidence of the right of the company to charge
tolls and of the amounts thereof.
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To be recorded
in county
commissioner's
office.
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113, 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 comptroller, and by him laid before the governor, of
the entire cost of said road, and the said governor shall, thereupon,
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Id s. 110
Report to
comptroller.
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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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Duty of
governor.
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cost thereof, and the revenue and expenses of maintaining the same,
so far as ascertainable; and, if said report shall be favorable, the
governor shall issue his warrant to said corporation, authorizing it
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Cost of road.
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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 gov-
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Toll-gates.
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ernor shall be final in the premises, and the company shall report
annually to the comptroller, who shall lay the same before the gov-
ernor, who may order a change of location of gates, and of the
amount of tolls to be charged, and issue his warrant accordingly,
22
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Annual report
to comptroller.
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