376 CORPORATIONS—TURNPIKE, PLANK ROAD, &C. [ART. 23.

book or journal 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 passenger railway; provided, the land
to be occupied be obtained by agreement with the owners thereof,
Or by 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.

1882, ch. 456, sec. 2.

234. In all cases when any passenger railway company uses
the roadbed or any portion thereof of any turnpike, street or road
in any county in this State, it shall, at all times, keep in good and
proper repair, not only the portions of said turnpike, street or
road which may be embraced between the rails of its track, but
also that part which shall extend for a distance of two feet on
either side of said rails; and in case of refusal or neglect to com-
ply with the provisions of this section within five days after due
notice in writing shall have been given by the county commis-
sioners of the county in which said passenger railway has its
tracks, then it shall be subject to a penalty or fine of ten dollars a
day for each and every day of such refusal or neglect to repair
and put in order any such turnpike, street or road; said fine to be
recovered by suit before any justice of the peace of said county,
in the name of the county commissioners of said county.

1868, ch. 471, sec. 108.

235. When any turnpike, or plank road, or passenger, 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 ma-
jority of the directors, and the treasurer of the corporation, the
actual 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 con-
structed in such manner as will subserve the public interests for