The enquirer — Richmond, Va., 1810-10-09 00:00:00, page 3

(4. And be it Jurther enacted, 1 hat
sident and directors shall pro
nted certificates for all the shares of
ck, and shall deliver one such cer
signed by the President, to each
or every share bv him or her sub
and held, which certificate shall
ferable at his or her pleasure, in
jr by attorney, in the presence of
ident, clerk or treasurer, of said
y, who shall witness the same, suo
yever to all payments due or to
;lue thereupon ; and the assignee
any such certificate, having caused
^ament to be entered in a iook of
tpany, to be kept for that purpose,
: a member of said company, and
for every certificate by him held, shall be
entitled to one sh ire in the capital stock and
SLtate of said company : and it an) stock
B der, after thirty days public notice in a
KBcateotthc cleric or recording omcer oi
the said company, shall be conclusive evi
dence of the defendant’s being a member
►of the company, andprima facie evidence
of the amount due.on the share or shaics
held by such defendant* , • ,(l
Sec 5. And. be it further enacted That
Ujv jiid president and directors shall meet
meetings any three memoers snail
form a quorum, who in the absence ot the
president may choose a chairman, aed. shall
keep minutes of their transactions fairty en
tered in a book : and a quorum being met'
they shall have full jidiver and authority to
appoint a treasurer and till other officers ne
r cessary or convenient, and agree w ith and
appoint all siieh surveyors, artists or other
sfgents as they shall Judge necessary to
carry on the intended, works, and to fix
their salaries, wages or compensation :
to direct and order the times, manner, and
proportions, when and in which the stock
hoklcrs shall pay monies due on their res
pective shares ; to draw orders 01 the trea
surer lor all monies due from the said com
pany, and generally to do and transact all
fcuch other matters, acts and things as by
the bye laws, rules and regulations of said
company shall be required or permitted.
hec. 6. And be it Jurlher enacted.That
upon appli ation of the said president and
directors of the said company, to the cir
cuit court of the district or Columbia, or
tethe judges thereof out of court, shall ap
point three commissioner** not interested
jri any of the lands through which either
ot the said roads may be laid out, nor in
terested in the stork ot the company here
by created, nor in the stock of any oiher
turnpike company, who shall each receive
from the said president, directors^pnd com
vary twfl dollars for even* day thev shall
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ft ig n common seal, the same breaking
iik! altering at pleasure, and of doing all
ind every other matter and thing concerti
ng the subject aforesaid, which a corpo
ation or body politic, may lawfully do. .
Sec. 3. And be it further enacted, That
he said company shall meet on the first
Vlonday in January in every year, at such
i place as shall be fixed by their bye laws,
or the purpose of choosing such officers a51
fore said for the ensuing year, in manner
itoresaid, and at such other times as they
hall b*- summoned by the president afore,
aid, at* which annual or special meetings,
hey shall have full power and authority to
So and per torm any act by law allowed and
pertaining to the affairs of the said compa
ny, and the president and directors jfor the
ime being, shall hold their offices until o
hers shall be appointed in their places, and
fie said corporation shall not be deemed to
ae dissolved, by reason ofany defect ofoifi
;ers, but if it should happen that there
should be no president or directors com
pelent to call a meeting of the stockholders,
:he same may tie called by any stockhold
sr for the purpose of electing such offi
cers giving thirty days notice of the time
md place of such meeting, by advertise
mjkun a newspaper printed in the city of
ypw°n*...., ,
■wsnaper prnueu m uic uiv Tvuau
fcoh, 6f the time and place appointed lor
Kayment ot any portion or uiviucuu oi
Kirn subscribed in said stock, shall neg
k pay the same for the space of thirty
fafter the time so appointed, the share
hares on which such delinquency iias
n place, may be sold at public auction
transferred by them to any perso ; or
sons, willing to purchase, tor sucli price
:an be obtaine ; or in case any proprie
shall fail to pay any instalment which
I be duly assessed, such instalment or
part thereof that sh ill remain deficient
npaid, ma\ he recovered ol the person
jersons so failing -o pay, by warrant
ii a justice of the peace, if tlic amount
II not exceed twenty .dollars; and it the
i so due shall exceed twenty dollars, the
e may be recovered lay motion in the
ic oi the said company, on ten days no
, in anv court of record in the county
district where the debtor may be found ;
>v action at law in the usual course ot
Icial proceedings, at tlic option of the
I president and directors; and in all
bii warrants, motions or actions, the cer
uoh times and places as snail ue agreed
L for transacting their business ; at
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respectively be actually necessarily employ
ed in or about the affairs of tiic.said com
pany. And each of the said commission
ers, before Jie proceeds to act as such, shall
take and subscribe an oath cr solemn affir
mation, in. the presence of a justice of the
peace, .‘V i'hat he will well, faithfully and
impartially^ according to the best of his
skill and judgment, and without unneces
sary delay, execute and perform all the du
ties requin d of hini as a commissioner,
under the sixth section of the act of Con
gress, entitled “ An act to incorporate a
company for making certain turnpike ro ds
in the district of Columbia”—which oaths
or affirmations so subscribed and certified
by the justice in whose presence they shall
be severally taken and subscribed, shall be
filed in the office of the clerk of the said
circuit court, and enrolled among the land
records of the county of Washington.—
And the said commissioners or any two of
them, being qualified as aforesaid, shall up
on the request of the said president and di
rectors, cause to be surveyed, laid out,
ascertained, described and marked by cer
tain metes^ and bounds, each of the afore
said turnpike roads described in the first
section of this act not less than sixty six
feet in breadth, in such routes, tracts or
courses respectively as in the best of their
judgment will combine shortness of dis
tance with the most convenient ground,
and the smallest expence of money ; and
for this purpose it shall be lawful lor them
ana sur-a agents, assistants, servants or at
tendants they may think, proper to employ
to enter upon any of the lands, through
or near which the said roads or . either of
them may be laid out; having first given
twenty days public, notice, in some news
paper printed in the city of Washington,
ot the time and place of their entering on
the said business of surveying and laying
out each road respectively. And if any
proprietor of any part of the lands t[trough
which either of the said roads may be laid
out, ..shall require compensation for so
much ot his.or her lands as may be occu
pied by the said roads or either of them, or
shall claim damages lor or on account of the
opening or laying out the said roads, or
either ol them, through his or her land,
and if the said president and directors can
not agree with such proprietor respecting
the same, then the said commissioners, at
the request ol either partyi shall appoint a
day and place to hear and decide upon
such claim, and the amount of compensa
tion and damages which such proprietor
shall be entitled to receive from the said
president, directors and company, therefor
first giving twenty days notice to the ad
verse party, his or her agent, or attorney
in fact, or other legal representative, ifei
ther shall be within the district of Colum
bia ; and if the party so notified shall fail
to attend, or if the party shall be an infant
under age, non compos mentis, feme covert,
or absent out of the district of Columbia,
and have no known agent or other legal re
presentative therein, then the said commis
sioners may proceed exparte to hear and
decide the same; and the award of them or
any two of them, made in writing, signed
by them or any two of them, be returned
to the office of the clerk of the said court
for the county of Washington, within ten
days alter such return be served upon such
ol the parties as are resident in the district
ol Columbia ; and if such award be not at
the session of the said circuit court, in the
county 61 Washington, next alter such re
turn of the said award to the clerk’s office,
be set aside on account of fraud or partia
lity in the said commissioners, the same
shall be final and conclusive between the
two parties, and shall be recorded by the
said clerk ; and the sum so awarded being
paid to the said clerk for the use of the
peison entitled to receive the same, the
said land mentioned and described in the
award, shall and may be taken and occupi
ed as a turnpike road and public highway
forever. And the said commissioners, up
on completing the said survey of the said
roads, or. either of tlicm, shall return a platt
and certificate of such survey to the said
clerk, and tlie Same being accepted by the
said court, shall lie. recorded by the said
clerk, and thereupon the road so laid out
shall he taken, used and occupied Asa turn
pike road and public highway fpr ever:
and the. said president, directors fnd com
pany, may thereupon proceed to enter up
on the same, and shall cause at least twen
ty-lour feet in breadth, throughout the
whole length thereof,to be made an artifiical
road, of stone, gravel or other hard sub
stance of sufficient depth or thickness to
secure a solid and firm road, with a sur
face as smooth as the materials will admit,
and so nearly level, that it shall in no case
rise or fail more than an angle of four de
grees with a horizontal line; and the said
road shall hereafter be kept in good and
perfect repair; and whensoever upon the
said roads any bridge shall be deemed ne
cessary, the same shall bo built of sound
and suitable materials. And ^n case either
of the said commissioners should die, or
refuse to act or become incapacitated, or
should be removed by the court lor mis*
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conduct, die said court may ajlJ )int ano
ther in his place : and when in the opini
on of the said president and directors ei
ther of the said roads shall be completed
to the extent of twenty-four feet in breadth,
the same shall be examined by the said
commissioners, or any two of them, and if
in the opinion of them, or any two of them,
the said roads should have been completed
to the extent of at hast twenty-four feet in
breadth, according to the meaning of this
act, they shall certify the same to the said
circuit court, or the judges thereof out of
court, and their, certificate being accepted
by the said court, or any two judges there
of, and recorder!, the said president and di
rectors shall and may thereafter erect and
fix such and s-j many gates and turnpikes,
not exceeding two upon and across each of
rhe said road:* as shall lie necessary and suf
ficient to collect the tolls hereinafter grant
ed to the said company ; and it shall be
ljwiul for them to appoint such and so ma
ny tollgatherirs as they shall deem necessa
ry to collect,and receive of and from all and
every persoiu and persons using the said
road or roads ihe tolls and rates hereinaf
ter mention/ d, and to stop any person or.
persons,rid'in;., leading or driving any hor
ses, mule*,' cattle, hogs, sheep, sulky, chair,
chaise, phaeton, chariot, -coach, car, wag
gon, sleigli* sled, or any carnage of bur
{jen or pleasure, from passing through the
said gatesi yntil thersaid tolls shall be paid,
that is to pay, for the whole distance in
length of tile whole of the said roads, and
so in proportion as near as may be, for any
less distance within the district of Colum
bia, viz : For every score of sheep twenty
cents; for every score of hogs twenty cts.
for every score of cattle forty cents, and so
in proportion for any greater or less num
ber ; lor every horse or mule with a rider
twelve and a half cents ; fir every stage
and waggon and two horses thirty cents ;
for. either carriage, last mentioned,, with
four horses^ forty cents; for.every led or
driven horse or mule six cents.; for every
sulky, chair, chaise or carriage for pleasure
with two wheels and one horse twenty cts.;
for every coacb>c!’anot,coaohce, phaeton or
chaise with four wheels and two horses,
thirty-seven and a half cents ; for any of
the said carriages last mentioned with lour
horses fifty cents ; for every other carri
age of pleasure, under whatever name it
may gd, the like- sums, according to the
number ol wheels and horses in proportion
aforesaid ;-for every sled or sleigh
used as a carnage of pleasure, twelve and
a half cents for each horse drawing the
same ; for every sled or sleigh used as
a carriage of burden, eight cents for each
horse drawing the Seme ; for every cart or
waggon whose wheels do not exceed four
inches in breadth, twelve and a half cents
for each horse drawing the same ; for eve
ry cart or waggon, whose wheels shall ex
ceed in breadth four inchcs.and not exceed
s< v< n inches, six cents for every horse
drawing the same , for every cart or wag
gon, the breadth of whose wheels shall be
more than seven inches and not more than
ten inches, five cents for every horse draw
ing the same; for every, cart or waggon,
the breadth of whose wheels shall be more
than ten inches, and not exceed twelve in
ches, four cents for every horse drawing
the same. And that all such carriages as
aforesaid,to be drawn bv oxen in the whole,
or partly by oxen, or to be dra\yn by mules
in whole or part, two oxen shall be cstima
ted as equal to one horse in charging.all the
aforesaid tolls, and every male as equal to
one horse. And it, shall be also the duty
of the said commissioners, after hearing ail
parties, to decide and award what propoj
ti'im ot the .cost already incurred of imikr
ii^g the Causeway from Alexander’s island
tei the main land, and of the road from
sjtifd causeway to thewest , end of the
Washington bridge, shall be paid by the
president, directors and company of the
Columbia 1 urnpike Roads, to the presi
dent and directors of Washington and A
lexandria Turnpike Company; and also in
what proportion the former company shall
contribute and pay towards the future re
pairs and improvements of the said cause
way and roads ; and the award of the said
commissioners, or any two of them, so
made, shall be returned to the office of the
clerk of the said court for the county of
Washington, and being accepted by the
said court and recorded, shall be final and
conclusive.
Sec. 7. And be ii further enacted* That
in all cases where stone, grave), earth or
sand shall be necessary for making or re
pairing either of the said roads, and the
said president, directors and company of
the Columbia L’urnpike roads cannot agree
for the same with the owner thereof, then
upon application by said president and di
rectors, or any person authorised by them,
to any one of the judges of the said circuit
court, he may, if he see.cause, bv warrant
under his hand and seal, command the mar
shal of the said district, to summon a jury of
thirteen disinterested persons, qualified to
serve as petit jurors in the said circuit
court, to meet at the place where such ma
terials may be, 911 some day not more than
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ten days after the u -te orsueh warrant, ant
to give the other p^rty tive clays notice of
the s iid time and place, if such party* be
found within the district of Columbia ; and
if any of the said jurors should fail to at
tend at the same time and place, the mar
shal may immediately summon talesmen in
the place ot those who are absent, and shall
administer an oath to the said jurors and
talesmen, as the case may be, justly and
impartially to value the said materials, and
to assess the damage which the owner
thereof shall sustain by the taking thereof
by the said president, directors and compa
ny.0* the Columbia Turnpike roads;
which valuation and assesment of daina es
made by the said jurors, or a majority of
them, shall be signed by the said marshal
and the jurors, or so many of them as shall
agree thereto ; and be returned by the
marshal to the said clerk ol the said court
for the county ol Washington, to be by
him recorded, and shall be conclusive be
tween the parties ; and a copy thereof shall
be delivered to each ot the parties, who
may be resident in the district, and the
sum so awarded and assessed, being paid
to said clerk of the said court, for the use
ot the parry entitled thereto, the said pre
sident and directors may proceed to t.ike
and carry away the said materials so va
lued, dor the purpose aforesaid. And the
said President, directors and company,
shall pay the said marshal five dollars tor
his service in summoning and impanneling
the said jury, and taking and returning the
said inquest, and two dollars to each of
the jurors so sworn.,
. bee. 8. And he it farther cn^
acted, That for the purpose of
ascertaining the weight, that
may be drawn along the said
road, in any cart or waggon, or
any carriage of burthen, it shall
and may be lawful for the said
president, managers and com
pany to erect and establish
scales and weights, at or near
such or so many of the gates
erected or to be erected in pur
suance ol this act, as they may
think proper, , and where there
may seem reasonable cause to
suspect, that any cart, waggon,
or other carriage of burthen,
carries a greater weight than
is or shall be by law allowable,
it shall be lawful for the toll
gatherers, or other persons in
their service or employment,
to prevent the same from pas
king such gate or turnpike, un
til such cart, waggon, or car
riage ol burthen, shall be drawn
into the fixed or erected scales,
at or near any such gate or
turnpike; and the weight or
hurl hen drawn therein ascer
tained b / weighing ; and if the
person or pers ons driving, or
having care or charge of any
such cart, . waggon or other
carriage of burthen, shall re
lusc to drive the same into any
sue.i scales for the purpose a
fores iitl, the person or persons
so refusing, shall forfeit and
pay to the said president, ma
nagers and company, any sum
not less than five dollars, nor
more than eight dollars, to he
recovered in the manner here
in-after mentioned.
Sec. 9. And be it further en*
acted, 1 hat no waggon or o
ther carriage with lour wheels,
the breadth of whose wheels
shall not be four inches, shall
be drawn along the said road
with a greater weight thereon,
than three tons ; that no such
carriage, the breadth of whose
wheels shall not he seven in
ches, or being six inches or
moie, shall roll at. least ten in-,
dies, shall be drawn along the
said ronds with more than five
r {Act to be Continued on b>ttpyUr,mt H.y *
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