The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-11-23

permitted.
See. S. .And be IL further enacted, Tha, upon Up.
peation OF the said president and directors of the
said company, to the circuit OF The district of
Columbia, or to the Judges thereof OF court the
aid court or the judges, or any two OF the Judges
thereof cut OF eour shall appoint three commission
ers, net interested in auy of the sd through which
the said road be laid out nor interested in the
stock Of TIE company hereby created, nor in the
stock Of any other turnpike company, who shall
each receive firm the said president. directors and
company, two dollars for every day they shall res
pectiyey be actually neee-E.rily employed in or a.
bout The affairs of the SAID eompany-And each of
the sad commissioners. before he proceeds to set as
such, shall take snd subscribe or oath or solemn af
r'netion, in the presence OF justice OF the peace
tlst be will well, faithully, and npartiay, accor
ling to the best OF his skill and Judgment, end with
out unnecessary delay, execute and perform all the
duties required Of him a commissioner, under
the sixtb section Of the act of Congress-. entitled
I" An act TO incorporate company for making Ger
tam turnpike roads in the district OF Columbia -
which oath or aFirmations suhscr.bed AMI cert.
ned BY the justice, in whose presence they shall bo
severay taken and subscribed shall be filed in the
ofhse o. the clerk OF the said circuit court, and
rolled among the land records of the county OF A
'exan''ria-And the ssd com nissoners, or any two
ot them, being qualified Aforesaid, shall upon the
request OF the sad president and directors, cause TO
DE surveyed, laid ont and aseertaned described and
marked, hy certain metes and bounds, of the afore
said turnpike road. described in the first section of
this act nf' less than sixty feet in BREADTH in such
rouicr, tracts, courses, for the respectively
as, in the est of their uaem ent will CON short
ness Of distance, with the most convenient ground
and the smallest eSpence of nancy (; and for this
purpose shall he lawful for t'lem and such agents.
assistants servants, attendants they may e. AK
proper to employ, 20 enter upon any of the lands
through or near Which the said road may be laid
out ; having frst giveh twenty days public notice.
n some public newspaper. printed in the district Of
Columbia, Of the time and place of their entering
on The said bnsin. IS of surveying and laying out
each ROAD respeetvs'y--Andh any proprietor of any
part OF the lands, through which the said road may
he laid out, shall require compensation for much
OF his or her aaid land, may be occupied by the
'aid road shall claim damages for or on account
OF the opening or laying out CT the said road thro
his or her land, and II the said president aad drec.
tors cannot agree with such proprietors respecting
the same, then the said com missoners, at the re-
quest OF either party, shall appoint clay ard place
% hear and decide upon snch csim, and the amoun
oil compensa'i1n and damages which such proprig-
tor aa ne entitled to receive from the said prcsi.
mt, directors and company therefor, first giving
twenty dsys notice TO the adverse party his or her
gent, or attorney in fact, or other legal represent
tStves sither shall he within the district of Co!um.
ba, AMI If the party so notified shall fail 10 attend
or u the party shall be an infant under age non
conpos men's, fsmecoyert, or absent out of the
district vi Columbia, and have no known agent or
legal representative therein, then the said commits.
Soners may proceed exparte TO hear and decide the
same; and the award of them, or any two OF Ii en-
made IN writing, .iSned by them, or any two o.
them, shall by them bcreiurned to the oEiceof the
clerk of the said court for the county of Alexandria
within ten days after such hearing, copy theren
SHALL within ten days otter such return, be served
upon such OF the parties a. resident in the dis
trict OF Co'umbia--sud if such award be not at the
ses"on OF the said circuit court, in the county of
HieSanuria, next alter such return of the said award
to the clerks Office, be SEASIDE on account of fraud
or partiali.y in the said commissioners, or ether
cause deemed sufficient in the opinion of the court,
the same shall be final ssd conclusive between the
zoe Osado hall hn I..a Al.
and the sum so awarded being paid 10 the said clerk
lot the use OF the person entitled to receive the
same, the sad land mentioned and described in the
said award shall and may be taken and occupied as
turnpike road ana public highway Forever
And the said commissioner, apon completing the
SUD snrvey sfthe said road. shall return Mat s. GER
tulcate q, ouch survey to the said clerk & the same
being accepted the said court, shall be recorded
py tbe SAID clerk and thereupon the road laid out
shs' be taken. used and occupied a turnpike road
and public highway forever: Ind the said president
directors and company may thereupon proceed to
enter upon the SAME, aud shall least twenty
four feet IN breadth. throughout the whole length
thereof, to be made artificial road Of stone rray
e. or other hard substance, of suficjent depth or
thickness ia secure solid and firm road with sur
face as smooth as the msterio!s will admit and so
nearly eve'i that IL shall in rise or fall more
than ar angie of sonr degrees with horizontal line
and the said road shall thereafter be kent in gooi &
perfect repair and vheresoever upon the said road
any bridge shall be deemed necessary the same .ha
be built OF sound and suitable materials nd in case
either of the said commissioners should die or refuse
TO act, or become incapscitated, or should he reno
ven by toe court for misconduct the said court NAV
sppoint another in his place ard WHOM in the opn.
ION Of the sad president and directors the .a;d road
shan he completed 20 the extent of twenty-otlr feet
In breadth, the same shall he examined nv the yaid
commissioners or any two Of them and If in the o.
piu'on of them my two of them the said road
should have been completed ~ the extent of at Ies,
twertv four feet in breadth seeordine to the mean.
ing OF this set they shall certify the oeme to the said
ecut court, or the Judges thereof out of court and
Their cert'ncate being accepted By tie said court
or any two Judges thereof end recorded, the said
president ana directors shat and may thereafter c.
rect and TX gate * tu~npke ynon 81 aero-s fb :,
said roed 10 collect the tolls hereinafter granted to
the said company; end it shall he lawful for them tn
aFpo'nt such and so many toll gathernrs as thew shall
deem necessary, collect and receive Of arii from
All and every person and DerSons using the said road
the tolls and rates hereinafter menti ,ned and TO
stop any person or persons riding, leading driving
any horsss rnn1s ottle, hogs, sheep, sulky, chair,
obass, phscton chariOt "o9oh, enrt, wsrgon sleigh
sled or any carria"e oF burden or pleasure from
passing through the said gate until the said tolls shall
be paid that ta say For every score Of sheep FIVE
cents Tor every score hogs Eve cents; for every
score OF cattle, ten cents Dnd in proportion for
any greater or leg number for every horse mule
with rider, three centsy for every stage or Wagon
and two horses, six cehs for either carriage last
mentioned with four hOrs ten cents for every led
or DRIVEN morse or mtle, cent for every sulky
ehair, c1aise OF carrsge Of pleasure 'th two wheels
and one morse, five cents for cosch, chariot
pieto1 or ehsi3e. with f,nr wheels and two horses
nine cents for any of the sad carrages last mem
toned with four hors e. eleven cents: fnr every o.
ther carriage OF pleasure, under whatever name IL
may 60, The IKE Sums according to the number of
wheels Snd horses. in proportion aforesaid for eve.
y seq or sleigh used a. carriage Of pleasure, three