ganization), shall be sufficient evidence of its existence as a corporation, should said fact be disputed. 3656. May establish ferries-Tolls. 27. When any such company shall build a road to any navigable stream of water, it is hereby authorized to establish a ferry across such stream from the end of its road, and to transport thereon all persons or property from or to its said road across such stream, and to charge and receive such rates of toll therefor as may be established by the Board doing county business of the county in which such ferry is situate; and said Board is hereby empowered to fix said tolls. All persons traveling upon such ferry shall be liable to pay the tolls therefor under like penalties as are prescribed as to persons traveling upon such road. 3657. Bridge-toll. 28. As bridge-toll on any bridge costing fifteen hundred dollars or more, erected on any such road by the company constructing such road, the company may charge one mile's toll for the first fifteen hundred dollars cost of such bridge, and one-third of a mile's toll for every additional five hundred dollars, up to seven thousand five hundred dollars, and no more: Provided, That before such bridge-toll is so charged, the president of such company shall have made and filed, in the proper Clerk's office, an affidavit setting forth the amount expended by such company on such bridge. [1855, p. 148. In force February 28, 1855.] 3658. Incorporation to purchase road. 1. It shall be lawful for any number of persons, not less than three, to form themselves into a company under the Act authorizing the construction of plank, macadamized, and gravel roads, for the purpose, as well of purchasing and using a part or section of a road already built or in process of building, as of constructing a new road, [1859, p. 152. In force March 5, 1859.] 3659. Purchasers, upon foreclosure, may incorporate. 1. If any railroad, plank-road, turnpike road, or macadamized road company has heretofore executed, or shall hereafter execute any mortgage or deed of trust upon the whole or any portion of its road and its appurtenances, upon the foreclosure of said mortgage and a sale under such foreclosure, or a sale under such deed of trust in accordance with the terms thereof, the purchaser or purchasers at such sale of said road and its appurtenances, or of any part thereof, shall have the right, by such name as he or they may assume, to hold, own, and possess the road, or part thereof so purchased, and to have and enjoy all the rights, privileges, franchises, and immunities of said company over said road, or the part thereof so purchased. And such purchaser or purchasers shall, from the time of such purchase, become and be a distinct corporation, under the name so assumed, with all the rights, franchises, powers, and privileges conferred by the existing charter of said company or any amendments thereto, so far as the same may be applicable to the road or the portion thereof so purchased, upon condition that said purchaser or purchasers, within three months from the time of such purchase, proceed to organize such distinct corporation, under such original charter and amendments, by creating a stock not exceeding the cost of the construction of said road, or of the part thereof so purchased, and appointing a board of directors equal in number with that prescribed in said original charter and amendments, who shall be governed by said original charter and amendments until superseded by a regular election of directors according to the provisions of said charter and amendments. 3660. How to organize. 2. Any association organized under the provisions of this act shall, within thirty days from the date of such organization, file for record in the office of the Recorder of each county into or through which said road, or part thereof so purchased, extends, a statement of the road, or part thereof purchased, the date of such purchase, the name of the purchaser or purchasers, the corporate name assumed by said organization, the amount of the capital stock, the number of shares and the names of the holders thereof, and the names of the directors and officers of said company; which statement shall be evidence of the organization of said company. 1. By an act of 1867 (p. 170), approved February 1, 1867, purchasers of gravel or other roads upon foreclosure, whether before or after March 5, 1859, who had failed to incorporate, were allowed to organize distinct corporations, under the act of 1859, within three months after February 1, 1867; and an act of 1869 (S., p. 1o1) extended the right to so organize to October 27, 1869. [1877, p. 89. In force July 2, 1877.] 3661. Corporations legalized. 1. In all cases where the purchasers of gravel or macadamized roads at Sheriffs' sales have filed their articles of association for reorganization in the proper office, but have failed to file such articles within the time limited by law; or where said organizations are imperfect because of omission of any mere matter of form, if the requirements of the law have been substantially complied with, so that the law can be enforced, and the rights of third parties are not injuriously affected, the same are hereby legalized, and such companies shall be held to be regularly incorporated from the date of filing such articles. [1877, P. 90. In force July 2, 1877.] 3662. Consolidation. 1. Any plank, macadamized, or gravel road company, heretofore or hereafter organized under the general or special laws of this State, shall have the power to intersect, join, and unite its road with any other similar road constructed or in progress of construction in this State, at such point as may be mutually agreed upon by said companies; and such companies are authorized to merge and consolidate the stock of the respective companies, making one joint stock company of the two roads thus constructed, upon such terms as may be by them mutually agreed upon. [1859, p. 155. In force February 23, 1859.] 3663. Name- Powers. 2. Such consolidated company may assume the name of either of the original companies of which it is composed, and shall possess and enjoy all the powers and privileges conferred upon and possessed by that company whose name is so assumed. [1883 S., p. 36. In force February 27, 1883.] 3663a. Connecting roads at State line. 1. Whenever, in an adjoining State, a turnpike or gravel road shall have been constructed up to the State line of the State of Indiana, and leading into said State, but not connected with any turnpike therein, and whenever any turnpike corporation in this State is engaged in operating a turnpike within two miles of said termination, either under a general or special act of the General Assembly of said State, it shall be lawful for such turnpike company to acquire, by purchase from the owners of land intermediate between the said turnpike in this State, and the termination of said turnpike in said adjoining State, the necessary land or right of way for the construction of a turnpike to connect said turnpikes, and, upon acquiring the same, the said turnpike company is hereby authorized and empowered to construct and operate a turnpike road between the said turnpike operated by them and the termination of said turnpike in said adjoining State, and to collect therefor the same toll in the same manner, and to operate said road, subject to the same laws, rules and regulations as those which control the operation of the turnpike so operated by said company in this State. ARTICLE 2- FRANCHISES AND EXTENSIONS. [1859, p. 150. In force March 5, 1859.] 3664. Plank-road companies may sell personal property. I. Any plank-road company organized under the laws of this State may sell any or all of its real or personal estate upon such terms as a majority of its board of directors may determine; and a conveyance thereof, signed and acknowledged for such company by its president and secretary, shall pass all the right and interest of the company in the property conveyed to the grantee. [1855, p. 148. In force February 28, 1855.] 3665. May sell part of road. 2. It shall be lawful for any plank, macadamized, turnpike, or gravel road company heretofore organized or hereafter to be organized, whether under general or special charter, to sell any part or section of their road (two-thirds of the directors of such company, or a majority in value of the stockholders present, in person or by proxy, at any regular or called meeting, concurring in such sale) to any other party or corporation, at such price and upon such terms as may be mutually agreed upon; and to convey, by deed, to such party or company such portion or section of the road so sold, with all the rights, properties, and franchises thereunto pertaining. [1867, p. 169. In force March 11, 1867.]. 3666. Bridge-toll. 3. It shall be lawful for any plank, macadamized, turnpike, or gravel road company that has erected or repaired a bridge over any stream crossed by said road (the original cost of which, or cost of repairs, in one year, has been one thousand dollars, or more) to charge the same tolls for passing over such bridge as is allowed for the travel on two miles of such road; and when such bridge or such repairs, in one year, have cost over five hundred dollars and less than one thousand dollars, the same tolls as are allowed for the travel on one mile of said road. [1855, p. 148. In force February 28, 1855.] 3667. Time to complete road. 5. Every plank, macadamized, and gravel road company in this State may have ten years instead of four years from the date of their organization in which to complete their road. 1. An Act of 1865 (S., p. 132) allowed gravel-road companies which had completed three-fourths of the entire road within the prescribed time, an additional year. 3668. Toll-gates- Abandonment of part of road. 7. It shall be lawful for any plank, macadamized, turnpike, or gravel road company to erect toll-gates at such convenient points on its road as in its judgment will best protect the company against imposition and loss, though such gates should be less than five miles apart; and any such company may, at any time, abandon any part of its road, two-thirds of the directors approving such abandonment. 3669. Tolls-Central Plank-Road Company. 8. The benefit of the provisions of this Act shall not extend to the Central Plank-Road Company, unless it shall agree to pass free of toll the officers, persons, and teams connected with the public asylums of the State and the business thereof; and it is further declared, that the Central Plank-Road Company shall, in no case, charge any officer, person, or teams connected with the public asylums of this State and the business thereof any fee or toll contemplated herein: And Provided, further, That no plank-road in this State shall exact pay for persons going to and from funerals, or of soldiers of the United States or of this State, while in actual service, or of ministers of the gospel while going to and returning from their appointments for preaching. [1852 S., p. 139. In force November 6, 1852.] 3670. Surplus fund. 1. All plank or turnpike road companies now or hereafter lawfully organized within this State shall have full power and authority, from time to time, as the board of directors may direct, to set aside such portions of the profits arising from their respective roads, for the purpose of creating a surplus fund by which said roads may be repaired. 3671. Investment of surplus fund. 2. The respective amounts thus set aside for a surplus fund shall, from time to time, be invested at interest upon such securities as the board of directors of the respective companies may direct. [1875, p. 77. In force August 24, 1875.] 3672. Toll. 1. In all cases where Boards of County Commissioners in granting right-of-way to plank, gravel, and turnpike road companies for their roads over public highways have done so upon condition, or have imposed it upon such companies as a duty, to extend their roads beyond their terminal points, or either of them, as shown in the articles of association of such companies, it shall be lawful for such companies to collect tolls for travel over such extensions, and such extensions shall be as much a part and property of such companies as if embraced in their articles of association. 3673. Extensions legalized-Tolls. 2. Any extensions of such roads heretofore or hereafter made, in the absence of the condition or requirement mentioned in the preceding section, are hereby legalized and made valid and parts of the road and property of the companies making them: Provided, That where such extensions have been or shall be made over public highways, the right to collect tolls for travel over such extensions shall not accrue, unless the Board of County Commissioners of the proper counties have granted or shall grant to such companies the right-ofway over such highways for such extensions. 3674. Inspection of road. 3. Any plank, gravel, or turnpike road company heretofore, or hereafter, organized may apply to the Board of County Commissioners where such company is organized, for the appointment of an inspector of its road; and such Board of Commissioners shall appoint a competent civil engineer of the county, who shall view and inspect such road, and make his report at the next regular or special meeting thereof in writing. The report shall state the number of miles of the road, if any, completed, so as to authorize the taking of tolls for travel thereon; and such report, if it show that three consecutive miles of such road have been completed, as aforesaid, shall be conclusive evidence in any trial that so much of said road is so completed, and of the right of such company to take tolls for travel over all of said road so completed: Provided, That the term "three consecutive miles" shall not be so construed as to require water-courses to be bridged across which such road runs, where there are not three miles of road on either side of the stream: Provided, further, That nothing in this Act shall be construed as repealing or affecting section ten of "An Act authorizing the construction of plank, macadamized, and gravel roads," approved May 12th, 1852 [$ 3635]. The report herein provided for may be appealed from, to the Circuit Court of the proper county, by such company, if not satisfied therewith, and, if favorable to the company, then by any person interested, in the same manner that appeals are taken from the decision of the Board of County Commissioners; and, upon the trial of such appeal, such report shall be deemed and held to be prima facie correct. The inspector herein provided for shall be paid by such company the sum of five dollars per day for his services, and such company shall pay all other costs of such application and report. 3675. Defective organization, when cured. 4. Where any gravel, plank, or turnpike road company has organized in any county of this State for the purpose of constructing a plank, gravel, or turnpike road in such county, by filing articles of association in the Recorder's office of such county, and moneys have been expended in the construction of the road, the failure to mention, in the articles of association, the State or county of the organization or location of the road, or the places of residence of the stock subscribers, shall not have the effect to invalidate such organization, but the same shall stand as though such omissions, or any of them, did not 3676. Abandonment of part of road. 1. Corporations of any plankroad, macadamized, or gravel road may, by a vote of the stockholders, discontinue any part of the road by them made. I. See section 3679. [1855, p. 147. In force August 17, 1855.] 3677. Change to tram-roads - Tolls. 2. Said corporation may build in addition thereto, or convert the whole or any part of its said road into a railroad of wooden structure, commonly called a "tram-road,” and take tolls on the same not greater than is allowed to railroad companies organized under an Act to provide for the incorporation of railroad companies, and the several amendments thereto. 1. Under the Act of 1852 (S., p. 146), companies organized prior to May 31, 1852, for the purpose of constructing a plank, turnpike, gravel, macadamized, or coal road, may change the same into a railroad. 3678. How subscriptions to stock may be paid. 3. The corporation of any plank-road, macadamized, or gravel road, organized or to be organized under the laws of the State, may receive, by the consent of the directors thereof, subscriptions for the capital-stock of said companies in land, town-lots, and real estate, or other description of property as may be offered for said purpose, as fully as railroads are now permitted to receive real estate or other property, on subscription, as stock or as donation, and the same may be held, sold, or mortgaged for the payment of any sums of money or any bonds issued by said company; and said companies may also accept bonds in subscription to the capital-stock of said companies or any note secured by mortgage payable to said companies, and negotiate the |