Arkansas intelligencer., 1848-05-13

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price as can be had therefor or, in default of
payment OF any such stockholder, of any such
ihstaiment, as aforesaid, the said president and
managers may, at their election cause suit to be
brought IN any court having competent iurisdic-
tion' iof the recovery of the same, together with
the penalty aforesaid, or before Justice of the
| peace, as the may be-
DEC. 10. No stOckhoder. whether an ORIGINAL
or assignee shall be entitled to vote at any election
or at any general or special meeting of the said
company, unless the whole sum due and PAYABLE.
as aforesaid, on the share or shares held by him
al the time of such election or general or special
meeting OF said company, shall have been fully
PAID and discharged, as aforesaid.
| sec. IL. If the commissioners should differ in
opinion as to the most proper route, the difference
snail be determined by majority of the votes
! OF the commissioners; and after being so agreed
on the commissioners shall lay the plan and ma p
| OF SAID road before the general meeting Of the
stockholders at their first meeting to elect pres
ident and managers; and if approved of by the
general meeting of the stockholders it shall Be
the route and site of the said road All the ex-
penses necessarily incurred in the examination
marking, and surveying the route for said road
shall be certified 10 the president and managers
/ by the commissioners aforesaid, who shall pay
and defray the expenses so incurred out of the
funds of the company.
Sec. Is. If the said commissioners should fail
refuse, or neglect, to out and mark said route.
ana report to the first meeting of the stockho Iders
or IT the stockholders should disagree to the route
lald down by the said commissioners, then and
IN that case, it shall be the duty of the president
and managers of said company, TO perform the
duties as iaid down IN the seventeenth section Of
this act.
SEC 10. Ii shall and may be lawful for the
said president and managers, their superintendents
surveyors. artists, and chain bearers, to enter
into and open all and every the lands and in
closures, public roads and highways, in through,
and over which the said intended turnpike road
may De thought proper TO pass, and to examine
the ground most proper for the purpose, and the
quarrIes and beds of stone, gravel, clay ard other
materials, in the vicinity, that will be necessary
IN making and constructing said road, and 10
survey, lay down, ascertain, make, and fix here-
on, such route Or track for the said road, as, ID
the best OF their judgment and skill, may combine
shortness of distance with the most practicable
ground from Little to Dwight.
SEC. 20. It shall and may be lawful for the
president and managers, by and with their super
inlendents, engineers, artists, and workmen, and
laborers with their tools and instruments, ca rts,
wagons, sleds, and carriages, and beasts of
draugh. and burthen, TO enter upon the lands in
and contiguous and near to which the route and
track of said road shall pass, for the purpose of
making and constructing said road, and procuring
materials therefor; and if the president and man
ayers cannot agree with the owners OF the lands
upon which the said road shall be opened, or from
which gravel, stone, clay, or other material may
be required, II shall be lawful for the owner Of
the lands over which said road may pass, or the
owner of any stone-quarry, clay, or other mate
rial which may be required in TIE construction
of said road, and the president and managers of
said company, 20 appoint. seven suitable and dis
interested persons, to estimate the damages which
the of the land, stone, gravel, clay, other
material, necessary for the construction of said
road, may sustain, who shall be sworn fairly and
impartally to estimate the same and if the own-
ers Of any such land, gravel stone, clay, or other
material, necessary for the construction Of this
road, shall neglect refuse to join in the choice.
the said persons shall be appointed by any disin-
terested magistrate Of the county whero such val
uation is to be made.
Sec. 81. The persons chosen or appointed as
aforesaid, in making such valuation, shall take
into consideration the advantages arising to the
/ owner of such lands, stone, gravel, or clay, on
/ account Of the making OF such road and where
no damages shall be paid, the owner shall pay
the costs and expenses incurred by such appoint
| ment.
/ SEC. %. Whenever it shall become necessary
to subject the lands or materials for constructing
/ said road to the of said turnpike company,
and the consent Of the proprietor or owner cannot
be obtained it shall be lawful for the president,
/ managers, and company, and for their suPeFln-
endents, agents. artisans, contractors, and labor
ers, by order Of said company, to enter upon SAID
/ lands, and carry away such stone, gravel, clay
or other material, to make and construct SAID
| road. The tendency any proceedings IN court
! or before assessors or valuers, 10 ascertain The
/ damages that will be sustained by the owner oi
such land, stone, gravel, clay, or other materials
! from opening and constructing such road, snail
| in no wise hinder or delay the progress OF SAID
work; the true intent and meaning of this ac
being, that all injury which may be done to any
| land without the consent of the owner thereof
| by opening and constructing the said road, oVel
and above the advantages of the sad road to Inc
owner of said land, shall be fully and completel J
compensated for, in damages, when ascertalned
Sec. 23. If such damages shall not be Palt
when ascertained by the award Of The SAID yaiuers
| the owner of the said lands, stone, gravel, clay
| or other materials, may, at the first term OF thS
/ circuit court Of the county IN which SUCH lahd
NAV be- present such award TO the said court, and
upon motion, judgment shall be entered agans
the said turnpike company, and execution shal
be issued thereon against said company; and tn
award of such valuers, and the refusal to pay th
amount, shall be sufficient notice to said COMPANY
! that application will be made for judgment thereon