The Laws of Texas, 1822-1897 Volume 7 Page: 77
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Law, of the State of Texas.
75
by action, as provided in the Code of Civil Procedure; and if such
company shall suffer the road to be out of repair to the injury, hindrance
or delay of travelers for an unreasonable time, they shall
have no right to collect tolls thereon until the same is again repaired.
Sec. 47. All macadam or plank roads shall be opened not exceeding
sixty feet wide, thirty feet of which shall be cleared of
brush and logs, and at least sixteen feet shall be made of artificial
road composed of stone or gravel, or wood, or other convenient
material, in such manner as to secure a firm and substantial road.
No company or association of individuals which have been or may
hereafter be incorporated for the purpose of making such road,
shall erect or keep any toll gate or receive any toll within the corporate
limits of any incorporated city, town or village, or within
one hundred and sixty rods of such limits.
Sec. 48. As soon as such road shall have been completed, or
any part thereof, not less than five miles together in any part of the
road, unless the same is less than five miles long, and so from time
to time, as often as five miles in addition shall be completed adjoining
any five miles previously constructed, the county court of the
county in which such finished road lies, or, in case the road lies in
two or more counties, the county courts of either of said counties
shall. on application of the agent of the company, appoint three
judicious householders, who shall, on oath, examine the same, and
report their opinion to the court in writing; and if such report
shall state that the road. or such part thereof, to be completed
agreeably to the provisions of this act, the court shall by license,
in writing, authorize the company to erect gates at suitable distances
and demand and receive of persons traveling such road the
toll that may be fixed by the county court.
Sec. 49. Any person or persons going to or from public worship
on the Sabbath, common schools and other institutions of learning,
funerals, militia muster, the troops of the United States and of this
State, may pass any such road free from toll.
Sec. 50. All macadam or plank road companies shall put up a
post or stone at the end of each mile, with the number from beginning
of said road, fairly cut or printed thereon; and also in a conspicuous
place near each gate shal] be placed a board with the rates
of toll painted thereon, and no toll shall be demanded unless such
rates are kept up.
Sec. 51. If any macadam or plank road company shall fail to
keep their road in repair for five days successively, any person may
file a complaint in writing, before any justice of the peace of the
county, setting forth the nature of the defect complained of, designating
the place in the road where it exists; and it shall be the duty(77)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 7, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6732/m1/79/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .