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An Act to amend an Act entitled an Act to authorize the incorporation of Joint Stock Companies for the construction of Macadamized, Graded or Plank Roads;. 1853-1854 96 (1853)

handle is hein.slavery/ssactsga0398 and id is 1 raw text is: PUB LIC LAWS.-RAIL RoAD LAWs-PLANK ROADB. Plank Roads and their Toll Gates. (No. 85.) An Act to amend an Act entitled an Act to authorize the inc1orpora- tion of Joint Stock Companies for the construction of M3acada- mized, Graded or Plank Roads; passed on the 23d day of Febru- any, 1850. 8. SEcrtoN I. Be it enacted by the Senate and House of Repro- sontatives of the State of Georgia in General Assembly convened, Plank ilonal and it is hereby enacted by the authority of the same, That from and immediately after the passing of this Act, if any person or per- sons, except foot passengers, shall travel on any road belonging to any corporate body, authiorized by the said Act to which this is amendatory, or use the same or any part thereof for the purpose of leading, driving or inl any manner conveying any live stock, such as n exet horses, cattle, shep, goats or hogs, or for conveying any corn, cot- foot-.maen. ton, fodder, hay or other agricultural produces, wood, lumber, on toll road shingles, or any other article or articles whatever; or for wagons, -ine $10. carts, pleasure carriages or other vehicles, either loaded or empty, either by himself or Tieisielves, or by his or their agents, servants or slaves, without paying the tolls authorized and required to be paid by such company or corporation, such person or persons so offending shall forfeit and pay to said company or corporation the Not to ex- sum of ten dollars, for each and every such violation of this ceon o , be recovered inan action of debt as assessed damages be- pulieroats,fore any Justices Court in the county where such violation uimay happen or take place. But this Act shall not apply to cases of crossing said Road or using the sane so far as they have been con- structed on or over a public or neighborhood road, without open- ing another to the extent taking or leading suflicient space on such public or neighborhood road for passage.* 9. Sea. II. And be it further enacted, That no Plank Road Obstructngshall be so built as to obstruct any public road in this State. Any forfeoas Plank Road if so built as to violate this provision, shall incur a for- charter. feoiture of its charter, nor shall any Plank Road be entitled to exact No toll for toll for the mere passage through its gates of either perSons, stock, merely going thro' gates. vehicles or freights, Aien such persoLs, stock, vehicles or freights do not travel over any portion of such Plank Road. Approved, February 18th, 1854. * I venture to paraphrase this jumble thus: But this Act shall not apply to cases of crossing said roads, or using I he sane, so fir as (wherever ?) they have been (or shall be?) constructed on or over a public or neighborhood road, without opening another to the extent taken, or leaving a sufficient space on such public or neighborhood road for passage.-Coipiler. + REF. NOT.-The said Act of 185r0 provided no specific remedy for running the gate, Cobb 4:13. But by Act of 1852, Acts page 170 to pass by any toll gate, gave the right to attach. The present Act says travel on or use, &e., and fines for violation. Sup. Ct. Decis. A Plank Road cannot take the whole highway without express an. thority. 9 Geo. 475. Anml the right to use what is necessary, is not the right to use the whole coura of the highway. lb. An I what is used must he paid for. lb. Injunction lies to restrain such violations. lb. ('rhe sane case has recently been before the Court again.) .1. R.

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