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contract for the same with the owner thereof, such company may proceed in like manner, to have the value of such materials assessed, as is above provided for assessing the value of lands; and in every such case of lands and materials, such company may take possession of and use the same immediately after having paid or tendered to such claimant the amount if any, so assessed, or upon payment of said sum, for the use of said owner. But such jury in assessing such damages, shall not consider the advantages of the road to the owner of such materials.
§14. If any road after it is completed, or any part thereof, shall be suffered to be out of repair, so as to be impassable for the space of two months, unless when the same is being repaired, the company shall be liable to be proceeded against by quo warranto, and if such company shall suffer the road to be out of repair to the injury, hindrance and delay of travellers for an unreasonable time they shall have no right to collect tolls thereon, until the same is again repaired.
§ 15. The directors may require payment from subscribers to the capital stock, of the sums subscribed by them at such times, and in such proportions, and on such conditions as they shall deem proper under the penalty of the forfeiture of their stock, and of all previous payments thereon, or under such other penalty or forfeiture, as such company may by its by-laws prescribe; and they shall give notice of the payments thus required to be made in some newspaper of general circulation, in the county or counties in which the road may be located, or by having personal service of a notice in writing, that such payments will be required.
§ 16. The shares of the corporation shall be deemed personal property, and shall be transferable as may be prescribed by the by-laws; and any person becoming a stockholder by assignment of stock, shall succeed to all the rights and liabilities of his assignor; and the directors may provide for any increase of the capital stock, that they may deem advantageous to the corporation.
§ 17. Whenever five consecutive miles of such road shall have been completed, the directors of such company may erect toll-gates at such points, and at such distances from each other, as they may deem proper, and exact toll from persons travelling on such road, not exceeding the following rates: For every sled, sleigh, carriage or vehicle, drawn by one animal, one and a half cents per mile; and one cent in addition for each additional animal; for every horse and rider, or led horse, one cent per mile; for every twenty sheep or hogs, two cents per mile; and for every twenty head of neat cattle, mules or asses, five cents per mile, and in that proportion for any less number.
§ 18. The following persons shall be exempt from paying toll: Persons going to and from religious meetings; funeral processions; troops in actual service; civic or military processions on the fourth of July and the anniversary of Washington's birth day; persons
going to or returning from elections at which they are entitled to vote; farmers or their work hands going or returning from their farms on ordinary business; all persons going to or returning from any grist mill, or blacksmith's shop, where they ordinarily get their grinding or blacksmith's work done, shall be exempt from the payment of toll at one gate only, within five miles of such person's residence, when he is going and returning from such mill or shop, for the express purpose of getting grinding or blacksmith's work done; but this last exemption shall apply only to such parts of a plank road or McAdamized road, as have been or shall be made on a public traveled highway, not theretofore a turnpike.
§ 19. Persons living within one mile of any gate shall be perpermitted to pass the same at half the usual rates.
§ 20. If any person or persons using any part of said road, shall, with intent to defraud such company, pass through any private gate or bars, or along any other ground near said road, to avoid any toll-gate, or shall falsely represent himself or herself to any toll gatherer, as entitled to exemption from paying toll, or shall make an untrue statement as to the distance he or they shall have traveled, or intend to travel on the road, or shall practice any fraudulent means, and thereby lessen or avoid the payment of tolls; each and every person concerned in such fraudulent practice shall, for every such offence, forfeit and pay to such company, the sum of five dollars to be recovered by such company in an action of debt before any justice of the peace of the county, where the offender may be found.
§ 21. If any toll-gatherer or gate-keeper on said road shall unreasonably detain any person or passengers after the toll has been paid or tendered, or shall demand or receive any greater toll than is by this act allowed, he shall for every such offence, forfeit and pay a sum not exceeding ten dollars, to be recovered before any justice of the peace, having jurisdiction by the party aggrieved.
§ 22. Every such company or association shall forfeit all the privileges herein granted, if within two years from the time of filing their articles of association with the recorder of the county; they shall not have commenced the construction of their road, and expended at least ten per cent. of their capital stock, and said road shall be commenced within four years of said filing of such articles. And within six months after the completion of such road, the directors shall report that fact, together with the costs of its construction to the Secretary of State.
§ 23. Such company may make and publish all such by-laws as they may deem proper, not inconsistent with any law of this State, in order to regulate the travel upon such road, and the rules to be observed by persons in meeting or passing with teems and vehicles, and all other matters which may be deemed for the welfare of such company. Any person violating any laws made by such company, shall be fined not exceeding twenty dollars, to be collected before
any justice of the peace, and shall moreover be liable for any damages incurred by such transgression.
§ 24. Any road overseer, or any number of respectable citizens, not less than fifteen in number, who shall be of the opinion that the location of any toll-gate is injurious to the public interest, may on ten days notice to the President or Secretary of the company, apply to the county court of the county, within which such gate is situated for an order to change the location of such gate, and the said court shall have full power after hearing the parties to alter the same at the expense of the company, in case of their refusal or neglect to comply with the requirements of the court.
§ 25. The liabilities of any company shall not exceed at any one time 50 per cent. of the amount of capital paid in, and if they shall at any time exceed this amount, each stockholder consenting thereto, shall become individually liable for such excess in addition to the liability as stockholder.
$26. If any company formed under this act dissolves, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the company in such suit, and if judgment be rendered and execution satisfied, the defendant or defendants may sue all who were stockholders at the time of dissolution, for the recovery of the portion of such debt for which they were liable, and the execution upon the judgment shall direct the collection to be made from property of each stockholder; and if any number of stockholders, defendants in the case, shall not have property enough in the county to satisfy his or their portion of the execution, then the amount of deficiency shall be divided equally amongst all the remaining stockholders, and collections made accordingly, deducting from the amount a sum in proportion to the amount of stock owned by the plaintiff at the time the company dissolved.
$ 27. If any person shall wilfully do or cause to be done any act or acts whatever, whereby any building, construction or work of any company formed under this act, shall be injured or destroyed, the person or persons so offending shall forfeit and pay to such company ten dollars, and double the amount of damages sustained by means of such offence.
$ 28. The county court of any county, in which the road of any company as aforesaid is situated, may subscribe to the stock of such company, an amount not exceeding one-half the cost of construction, and may, if necessary, issue the bonds of the county to pay for the same, bearing interest at a rate not exceeding seven per cent., and such county shall be in law as any other stockholder, as hereinbefore provided.
$29. The county courts may in cases where any county road has been partially improved, or where a road has been improved only a part of the length thereof, on proposition of any company formed under this act, make an agreement with such company to
put said road as stock in said company at a fair valuation, and in such case the proceeding shall be entered on the records of said court, and a transfer of the right of the county to such road conveyed to said company by instrument in writing, signed by the presiding justice, and attested by the clerk of the court, under seal of said court, after which said company shall proceed in all respects with said road, as if the same had originally been constructed by said company.
$30. No plank road or McAdamized road authorized by this act, shall be made on the roadway of any turnpike company without the consent of the owners thereof, or of the county court if the same be a county road, but nothing herein contained shall prevent it from crossing any road in such manner as not to obstruct or impair the traveling.
§ 31. It shall be the duty of any company formed under this act to keep at their office a book subject, in office hours, to the inspection of the county court, the sheriff of the county, and each stockholder. Said book shall set forth the name of each stockholder alphabetically arranged; his place of residence, the number of shares each owns, and how much money has been paid by each into the treasury of the company. For every day any company shall fail to comply with this section, they shall forfeit and pay to the use of the county in which the road is situated fifty dollars, and be liable also for damages resulting to any party from such failure..
$ 32. If any agent, treasurer, toll-gatherer, or other person to whose possession or custody any of the moneys of such company may come, shall convert any of such moneys to his own use, he shall be deemed guilty of embezzlement; and shall be punished in the same manner and to the same extent as if he had stolen the amount so embezzled, and a neglect or refusal to pay over such. upon demand, shall be deemed prima facia evidence that he has embezzled the same.
$33. Associations formed under the provisions of this act shall from the filing of said articles with the recorder aforesaid, be corporations known by the name they may assume in their articles of association, and except as is herein otherwise provided, shall possess the general powers, and be subject to the general restrictions and liabilities contained in an act concerning corporations, approved March 9, 1845, except that the 13th section of article first of said act shall be so far modified in its application to this act, as that a stockholder in any company formed under this act shall not be liable for more than the amount of his stock.
$34. The Legislature reserves the right to alter or amend this act whenever it shall be deemed conducive to the public good so to do, but such alteration or amendment shall not impair the rights of companies previously organized under this act.-This act shall be construed liberally, and shall be in force from and after its pasage.
THE GERMAN SOCIETY OF ST. LOUIS.
The emigration from Europe to America may be regarded, in many respects, as the most remarkable social movement recorded in the annals of man; and when the historian of some remote period shall review the history of the United States he will find no fact calculated, more forcibly, to illustrate the excellence of our institutions, in comparison of those of other nations, than that 300,000 emigrants, from the most civilized countries of Europe, annually left the land of their fathers and sought new homes and a better civilization within our borders.
Rome first subdued by arms, and, then, civilized her conquered subjects: we, by the excellence of our institutions, captivate the hearts of civilized men of other lands and compel them to our shores.
When the glory of Rome began to fade, the barbarous inhabitants of the north, migrating in hordes, settled in her dominions; but they came to deluge the land with blood, to pull down, trample upon, and utterly destroy the noblest monuments of civilization that the world had ever known.
The emigrants to America, though descendants of the races that overran the Roman Empire, come in the spirit of peace: they come to aid us in building up and establishing upon a broader and firmer foundation a civilization more excellent, and institutions far more glorious than were those of Rome in its palmiest days. What higher homage could we desire from other nations, or who can imagine a more flattering eulogy on the excellence of our institutions?
Oppressed by their rulers, the earlier emigrants to this country came to enjoy freedom of conscience, and, to build up and establish institutions calculated to secure the enjoyment of civil and religious liberty; and it is but reasonable that their descendants should give a cordial welcome to the people of every land who come to participate of these privileges. To the valley of the Mississippi these emigrants are especially welcome. We require the well disciplined and patient laborer, the artizan, and the capitalist of other countries to aid us in the development of our vast resources; and, for ourselves, we are truly gratified that our German citizens have formed an association calculated not only to facilitate and encourage emigration from their Fatherland but to make the emigrant, immediately upon his arrival, useful to himself and to the community.
Though situated far in the interior, St. Louis may be regarded as the principal port of debarcation for the German imigrants to the valley of the Mississippi; and it is in the power of such an association at this point to afford most important services to the new comer. Has he been maltreated during his voyage across the ocean, or, subjected to impositions in his trip up the Mississippi,