ART. 40. ] FORMATION, POWERS, AND REGULATION OP CORPORATIONS. 339
conducted at the cost of the county, and the court may adjudge on
the finding of the jury or otherwise, as may be just and in accord-
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ance with principles of law, and may give judgment for costs against
the county or against the corporation, in its discretion.
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Judgment
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110. If the inquisition 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 corpora-
tion to charge tolls on any part of said road within the limits of
said county be forfeited, until it shall be made to appear 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forfeiture may be rescinded by the said court.
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Id s 116
When right to
charge tolls
forfeited.
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120. 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 corpora-
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Id s 117
When road
forfeited
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tion, and shall vest in the county commissioners of the county,
who may cause the same to be put and kept in good order and
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To vest in
county commis-
sioners
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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 subject to the same conditions and forfeitures, with the original
corporation constructing said road.
FOR THE ERECTION OF BRIDGES.
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Transfer to new
corporation
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121. If any corporation 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,
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Id s 118
Budges, how to-
be erected
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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 may be proposed to be
erected over a stream dividing two counties, then it shall obtain the
consent in writing, of the county commissioners of both said coun-
ties, and the resolution of the said county commissioners giving
said consent shall be recorded amongst the proceedings of said
commissioners, and also in the journal book of proceedings of said
corporation.
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Consent of
county commis-
sioners.
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122. The corporation may agree with the owners, for the lands
necessary for the abutments of the bridge, and for roads and ways
thereto, and for earth or stone required in the construction of said
bridge and of said ways; and the rights acquired by agreement
shall be conveyed by deed, duly acknowledged and recorded. In
case of failure to agree, or of disability of the owners to contract,
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Id s. 119
Abutments, etc.
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or of their absence from the State, the corporation may obtain the
lands, earth, and stone by condemnation.
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Power to con-
demn property.
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