378 CORPORATIONS—TURNPIKE, PLANK ROAD. [ART. 23.

section 235, shall be made to the comptroller, and by him laid
before the governor, of the entire cost of said road; and the
governor shall thereupon appoint five commissioners to examine
and report to him, on the construction of said road, its adaptation
to public uses, the whole cost thereof, and the revenue and
expenses of maintaining the same, as far as ascertainable; and if
said report shall be favorable, the governor shall issue his
warrant to said corporation, authorizing it 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 governor shall
be final in the premises; and the company shall report annually
to the comptroller, who shall lay the same before the governor,
who may order a change of location of gates, and of the amount,
of tolls to be charged, and issue his warrant accordingly,
whenever he may deem the some necessary to effectuate the
intent of these provisions.

1868, ch. 471, sec. 111.

238. When such corporation shall desire to locate its road
within the limits of or through any incorporated town or city, it
shall obtain the consent of the corporate authorities of each town
or city, to be evidenced as provided in the case of county
commissioners.

Ibid. sec. 112.

239. When such corporation shall desire to locate the bed of
a turnpike or plank road elswhere than on the bed of existing
county roads, it may agree with the owners of lands for the right,
of way, or obtain the same by condemnation.

Ibid. sec. 113.

240. Every agreement for a right of way through land shall
be in writing, acknowledged before a justice of the peace, and
recorded by the corporation amongst the records of the county or
city in which the lands lie, within six months after its date.

Ibid. sec. 114.

241. Before any turnpike or plank road shall be constructed,
the corporation shall cause a plat of the same, describing the