Chap. 122.—An ACT to amend and re-enact the seventh section of
chapter 61, Code of 1873, in relation to Turnpikes.

Approved February 23, 1875.

1. Be it enacted by the general assembly, That, section
seven of chapter sixty-one of the Code of eighteen hundred
and seventy-three, be amended and re-enacted so as to read
AS oo a,

As often as a section of five miles of a turnpike road
shall be completed, the court of the county wherein the sec-
tion, or the greater part thereof, may lie, shall, on the appli-
cation of the turnpike company, Appoint three disinterested
frecholders to report in writing the condition of the section.
On such report no order shall be taken, except in the pres-
ence of the commonwealth’s attorney for the county, or of
some other attorney acting in his stead. If, on tho report,
and such other evidence as may be offer ed, the court shall
be satisfied that the section is not completed according to
law, judgment shall be rendered against the company for all
costs, including a fee to the attorney of ten dollars. If it
shall be satisfied that the section is so completed, it shal
enter of record an order declaring that fact. After the co
pletion of all the full sections, if there remain any fractional
part of a section, the like proceedings shall be had as to
such part. When such declaration shall have been entered
as to any section, or part of a section, the company may
erect a toll-gate therefor, and demand and receive the lawful
tolls. If any turnpike company heretofore chartered shall
not complete the entire length of the road within two years
from the passage of thia act, or if any turnpike company
hereafter chartered shall not complete its road within three
years from the date of its charter, all rights acquired under
their respective charters shall be forfeited, unless a longer
time for completion shall have been, or may hereafter be ex-
pressly allowed by their charters, and it shall be the duty of
the county court of the counties in which the roads may lie
to open them to the public.
2. This act shall be in force from its psssage.