Chap. 104.—An ACT to Amend and Re-enact Sections 52, 58, and 54, of
Chapter 61 of the Code, in Relation to Transfer of the State’s Interest in
Turnpikes or Plank-roads to the Counties in which they lie.

Approved March 6, 1871.

1. Be it enacted by the general assembly, That sections
fifty-two, fifty-three, and fifty-four, of chapter sixty-one of the
Code of eighteen hundred and sixty, be amended and re-
enacted so as to read as follows:

Ҥ 52. It shall be the duty of the board of public works,
with the consent of the board of supervisors of any county,
given by a two-thirds vote of all elected in such county at any
regular meeting, where, in their opinion, the public interests
will be promoted thereby, to transfer and convey the state’s
interest in any turnpike or plank-road, or any part thereof, to
the county or counties in which such road may lie. The
transfer shall be made by formal resolution, to be entered on
the records of the board of public works, and a copy to be
transmitted by the secretary of the board to the clerk of the
county court for record in the clerk’s office in each county or
‘counties where such road may lie. ,

Ҥ 53. The private stockholders in any turnpike or plank-
road in which the state’s interest has been transferred, in ac-
cordance with the preceding section, with the like consent of
such board of supervisors, may likewise, in lawful meeting of
said stockholders, transfer and convey the interests of. the
stockholders, other than the state, to the county or counties
aforesaid, by a process similar to that by which the state’s
interest 18 conveyed.

Ҥ 54. The said board of supervisors, respectively, to which
the interest of the state or the entire joint stock in said roads
shall be so conveyed, are hereby invested with all the rights,
duties, and powers, in respect of said roads, now held and
exercised by said board of public works, and may, in their dis-
cretion, change the mode and manner of keeping up said
roads: provided, the board of public works shall not transfer
any turnpike or plank road that can, in their opinion, be made
productive or self-sustaining by continuing the state’s interest
therein.”

2. This act shall be in force from and after its passage.