E. LOUIS LOWE, ESQUIRE, GOVERNOR.
379
and ascertain the bounds of the land by them
valued, and the quantity and duration of the interest
and the estate in the same, required by the said company
for its use; and their valuation shall be conclusive on
all persons, and shall be paid for by the said president
and directors to the owner of the land or his legal representatives;
and on payment thereof the said company
shall be seized of such land as of an absolute estate,
in perpetuity, or with such less quantity and duration
of interest or estate in the same; or subject to such
partial or temporary appropriation, use or occupation,
as shall be required and described as aforesaid, as if
conveyed by the owner of them; and whenever in the
construction of said plank road, or any of the toll
houses, or works of any other description whatsoever
appurtenant thereto, it shall be necessary to use earth,
timber, stone or gravel or any other material to be found
on any of the lands adjacent or near thereto, and the
said president and directors, or their agents, cannot procure
the same for the works aforesaid, by private contract,
of the proprietor or owner, or in case the owner
should be a feme covert, or non compos mentis, or under
age, or out of the State or county, the same proceedings
in all respects shall be had as in the case before
mentioned, of the assessment and condemnation of
the lands required for the said plank road, or the works
appurtenant thereto.
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SEC. 8. And be it enacted,
That if the said capital
stock shall prove insufficient to accomplish the objects
of this act, it shall be lawful for the said company,
from time to time, to increase the same to such sum as
may be necessary to complete the said plank road by
receiving additional subscriptions to said capital stock,
which shall be done in the same manner as to notice,
and otherwise, as is provided in this act for the original
subscription to said stock.
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May increase
capital stock.
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SEC. 9. And be it enacted,
That it shall and may
be lawful for the company to erect one or more gate or
gates on the plank road constructed by the said company,
and to appoint as many toll gatherers as they may
think fit and proper, who are hereby authorised and empowered
to collect and receive of, and from all and
every person or persons using the said road, and such
parts as may be finished, the tolls and rates hereinafter
mentioned, that is to say, for the distance of said road,
being seven miles, and so in like proportion for every
less distance, for every horse, mule or jack, six cents;
for every horse and cart, eight cents; for every two
wheeled carriage, drawn by one horse, twelve and one-half
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Erection of
gates.
Rates.
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48
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