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Every company that has once laid their road with plank may relay it, or any part of it, with broken stone, gravel, shells or other hard material, whereby they keep a good, substantial road.

1 R. S., 1104, §§ 96, 97; Laws of 1854, ch. 87, § 2, as
amended 1855, ch. 546.

§ 627. A mile-stone or post shall be maintained Mile-stones. by the company at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, having mile-stones or posts on which the distance from any city or town is marked a continuation of that distance shall also be inscribed.

Ib., 1088, § 21.

§ 628. A guide-post shall also be erected at every Guide-posts place where the road is intersected by a public road, with an inscription showing the name of the place to which such intersecting road leads, in the direction to which the name on the guide-post points.

Ib., § 22.

$629. When the road or three consecutive miles Inspection. thereof is completed, any two of the inspectors of turnpikes and plankroads in the county shall, on request of the company, inspect the same, and if satisfied that the road conforms to the requirement of the law they shall make a certificate thereof, which shall be filed in the county clerk's office. The inspectors are entitled to receive from the

company two dollars per day for their services. When only three consecutive miles of any plankroad are completed, the company shall not collect tolls for more than one year, unless the road or five consecutive miles are completed within the year.

1 R. S., 1104, § 99; 1105, § 105.

Erection of


Changing location of gates.

§ 630. Upon filing such certificate the company may erect one or more toll-gates, and collect tolls upon the road or such portion as is specified in the certificate. No hoist-gate shall hereafter be erected, and no toll-gate, gate-house or other building shall be put up by such a company within ten rods of the front of any dwelling-house, barn or out-house, without written consent of the owner thereof, except that n the county of Kings they may be put up at not less than seven rods therefrom. Any erection contrary to this section the county judge shall, on application, order to be removed.

1 R. S., 1104, § 101, first clause; 1105, § 106, first clause; 1106, §§ 107, 109; Laws of 1857, ch. 636.

631. If the commissioners of highways deem the location of any gate, within their town or an adjoining town, unjust to the public interest, they may, on fifteen days' notice to the company, apply to the county court for a change of the location. After a hearing the court may make such order as it deems just, and enforce the same, if not appealed from, by attachment or otherwise.

1 R. S., 1106, § 112.

§ 632. Either party may appeal to the supreme Appeal. court on giving such security as the county court requires. The supreme court, on motion of either party, on due notice, shall refer it to three disinterested persons, not residents of any town in respect to which the road is a thoroughfare, to determine the appeal. The referees have the same powers and are entitled to the same compensation (to be paid in the first instance by the prevailing party) as referees in civil actions. They shall view the premises, hear the parties, and report to the court their decision, the grounds thereof and the evidence taken by them. The court shall thereupon render judgment as they deem just, and may award reasonable costs and expenses to the prevailing party, and execution may be issued for the same.

1 R. S., 1107, § 13.

ment of


§ 633. The directors of any company may aban- Abandondon the whole of their road or any part of it, at either or both ends (whenever two-thirds in amount of the stockholders consent) by a written surrender thereof, to be attested by the seal of the company and acknowledged by the president and secretary as a deed is acknowledged, and recorded in the clerk's office of each county where the surrendered road lies. Thereafter the surrendered road belongs to the several towns in which it lies; but the company may take toll on any part not surrendered if three consecutive miles in length.

Laws of 1854, ch. 87, § 1.

Tariff of tolis on

plank roads.



SECTION 634. Tariff of tolls on plankroads.

635. Tariff of tolls on turnpikes.

636. Persons exempt.

637. Collection of tolls.

638. Penalties.

639. Commutation.

640. Injuries and obstructions.

641. Encroachments.

642. Penalties, how recovered.

634. The rates of tolls on plank roads, except in the county of Sullivan, shall not exceed the following:'

For every vehicle drawn by one animal, one cent a mile; and, except on roads located wholly or in part in the counties of Chenango, Otsego, St. Lawrence and Oneida, one cent a mile for each additional animal ;

For every vehicle used chiefly for conveying passengers, drawn by two animals, three cents a mile, and one cent a mile for each additional animal ;

For every horse rode, led or driven, threequarters of a cent a mile;

For every score of sheep or swine, one and a half cents a mile;

For every score of neat cattle, two cents a mile; 1 Laws of 1853, ch. 241, § 1; ch. 481.

The rates in the county of Sullivan shall be fixed by the board of supervisors, and at not less than two nor more than four cents a mile for any vehicle drawn by two horses, and in a ratable proportion for others; but the rates for any company shall not be fixed so high as to enable it, after keeping the road in repair, to divide more than ten per cent on its capital stock and reserve ten per cent as a fund for the reconstruction of the road. The rates as fixed shall not be changed by the board oftener than once in five years.'

11 R. S., 1105, §§ 102, 103, 104.

§ 635. The rates of toll on turnpikes shall not Tariff of exceed the following:

For every vehicle drawn by one animal, threequarters of a cent a mile;

For every vehicle drawn by two animals, one and one-quarter cents a mile, and one-quarter cent additional a mile for each additional animal;

For neat cattle, at the rate of one cent a mile for a score;

For sheep or swine, at the rate of one-half cent a mile for a score:

For every horse and rider, or led horse, one-half cent a mile.

In no case shall a company charge greater rates than will enable it, after paying expenses and

tolls on turnpikes.

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