rin t'i l t a7tp hipnyx.uky.edu/dips/xt7hdr2p664n/data/0968.pdf · j ilm hove, geotge johnson,...

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v 'W7?"prik"T' rin f T'i "IT l T" Nczo Series No. 46. Vol. ZTJ K. 15, 1813. Xfol Sfc I. V S OF THE U. STTES. Cnr .lUTfioiujcrj AN ACT Tj incorpot ate a company for making a certain turnpike road in tlie county of Washington, in the district of Columbia. HE it enacteilby the Senate and House of oftlie United States of America in Congress assembled, That William Marbury, J ilm Hove, Geotge Johnson, William Steuart, "VilIum'Wh..nn, Washington Bowie, John W "Bronaugh, UJgar Patterson, and John Eliason be, and they are hereby appointed a boaul of commissioners, a majwity of whom to consti- tute a quorum, with full powers to receive and enter irt such book or books, as they may deem proper, by themselves or their agents, Mibsc iptions for raising a capital stock of ten thousand d dlars, in shares of fifty dollars each, for the put pose of opening giavelhng & Improving a road in the counties of Washing- ton and Alexandria, in the district of Colum- bia, from the intersection of Tails sticet and Water street in the town of Georgetown, to the boundary line of the d.stnct of Columbia, in the most direct and practicable route Leesburgh, conforming as nearly as shall be sound advantageous and convenient tntlip nrespnt main rnad.leadini? from the said intersection towards Leesburgh, and through j the counties of Washington and Alexandria a Cji ml . Provided, That no subscription shall lie rec ived, unless the sum of five dollars be firsv naid into the hands of such agent or oth- er p son, as the saidrcommissioncrs may au-tl- m to receive it : the times, places, and nUn cr of icceiying and entering subscriptions shnll be prescribed by said commissioners, and ad Used in such gazettes as they may deem expedient ; and whenever one bundled shares oi more shall be subscribed, the commission- ers or a majority of them, shall give notice in tome newspaper, printed in the district of Co- lumbia, of a time and place to be by them ap-p- o ited, for the snbsci ibers to proceed to or-g- a ze the corporation, by an election ot off- icers and all persons who may then be, or thereafter may become pioprietors of 6hans in the Mid capital stock, either as subscribers foi the same, or as the legal representatives, auccr-ssoi- or assicnecs of such subscribers, shall liecome one body politic and corporate, in deed and in law, by tl e name and style ot the Georgetown and Leesburgh Turnpike Com- pany, and by the same shall have perpetual succession, and all the privileges belonging to a corporation ; and shall be capable, of taking and holding their said capital stock, and the profits, theieof, and of enlarging the same bv new subscriptions, is sound necessary to fusil the intent of this act, and of purchasing, tak- ing and holding, to them and their successors and assigns, in see simple, or for anv lesser es- tate, all such lands, tenements, and heredita-ment- and estate real and personal, as shall Te necessary and useful in the prosecution of tl.eir work, and of suing and being sued, of havings common seal, and ot doing all and i;ve.y other mitter and thing concerning tire Subject aforesaid, which a corporation or body politic may do. Sec. 2. And be it further enacted. That the Slid company shall meet on the th'n d Monday in M rch in every year, at such place as shall be fixed by their b)c laws, for the purpose of choosing such otneers as atoresaid tor tne en- suing year, in manner aforesaid, and at such other times as they shall be summoned b the president and directors aforesaid; atw-lnc- cnmial or special mce'mgs they shall have full rioter and authority to do and perform any pet b law allowed, and pertaining lo the affairs of iaid company ; and the president and direct- - nrs for the time beinr, shall hold their ffices suit 1 others shall be armointcd in their nlac es; and the said corporation shall not be deemed to be dissolved by icason of ny dp- - feet of officers, but is it should hitmen that there shouldbeno president or directors com- petent tn call a meeting of the stockholders, the same may 1x called hi anv stockholder, for the purpose cf electing such officers, giv-fu- g Unity dayp' noticexf the time and place is such mtctmir, by advettisement, in a news, sniper printed in the disti iqt of Columbia. Sec S. And be it further enacted, That the 'Vres dent and directors, shall procure printed r.e ' ficates for all the shares of said stock, and shill deliver on? SVtch ceitificate, signed by the OKSntent, to each person, for every share by turn or her subscribed and held, which ccrtifi caie shall be transferable at his or her plea- sure m person, or by attorney, in the presence of the president, cleil:, or tieasurerof said company , w ho shall witness the same , subject however, to all payment due, or to grow due tnei eitpou ; and the ass'gnec lulding any such certiac ite, having caused the assignment to be en ft cd in a book foi the company, to be kept f i that purpose, and having paid the cleik of a,d company twentv-fiv- e cents for each certi- - fici'econtan.ed in such assignment for his ser vices in recording the same, shall be a mem- ber of said company ; and for eveiy ceitificate "liv him held shall be entitled to one shaie in the capital stock and estate ot said company. Andifjuiy stockholder, aster thiity days' pub- lic notice in a newspaper printed in the dis "ti ict of Columbia, ot the time and place ap tiointed for the payment of any poi tion or di- vidend of the sum subscribed in the said V ick, shall neglect to pay the same, sir the o.MCeof thirtv day l aster the tune so appointed, 41ie shore or shares, on which such delinquen- cy has luken pl-- d, may be sold at public auc-- f ion, and iransleiredby them to any person or pp'-'O"- wiling to purchase for such price as cm be obtained, 01 in case any pioprietor shall fall to pay any instalment which shall he lt iy asstssul, such instalments or any prt tn ieof, that shall remain deficient or unpaid, sf n iV 1l recovered of the person or persons so a ng to p ij , by warrant fi om a justice of the e cv, ii the amount shall not excted twenty rtfl'ars, and is the sum so due, shall exceeil twenty dojlais the same be lecovered by nio-t- u n in the name of said company on ten d iys' notice, or bv action at lav in the actual course oljudiciul proceedings, in any court of rccoid in tlie uismcLoi voiuiiima,auu man instances v'reie the person so sailing 10 piy his instal- ment, cannot be sound in the said district, thai i. covery shall bo had against him by such mode (it judicial proceeding, as is authorised the laws of tho country where suchdefault-,- i .shall be sound; and m all Such warrants, rtioffcons or actions, the certificate ofthe cleik u ttieVud ciinpany shall bcern 'hi of the rifcienu,) Wuuoei ci the coirwm and prima facie evidence of the amount due on the share or shares held by such defendant. Sec 4 And be it further enacted, That the said president and directors shall meet at such times and places as shall be agreed up n for transacting their business ; at which meetings any three members shall forma quorum, wlu, in the absence of the president may choose a chairman, and shall k ep minutes of all their transactions, fairly entered on a book, and a quorum being met, they shall have full power auu. aumoriiy 10 appoint a treasurer, anu an other officers necessary and convenient, and agree with and appoint all such surveyors, m- - tendants, artists or other agents as they may judge necessary, to carry on the intended works, and to six their salaries, wages or com- pensation, to direct and order the times, man- ner and propoitions, when and in which the stockholders shall pay monies due on their re- spective shares , to draw orders O'l the trea- surer for all monies due from said company ; and generally to do and transact all such oth- er matters, acts and 'things, as by the bye laws, rules, and regulations of said company shall be required or permitted. Sec 5. And be itfurther enacted, That upon application of the said presidtni and directors ot the said company, to the circuit court of the district of Columbia, or to the judges of said court out of court, the said court, or the judges, or any two of the judges thereof out of court, shall appoint three commissioners, not interested in any of the lands through which the said road may be laid out, nor interested in the stock of the company hereby created, nor in the occupancy of any mills or water works by which the said road may pass; who shall receive each, from the said president and directors and company twa dollars for. eveiy day they shall respectively be actually neces-sa- i lly employed, m or about the affairs of said company; and each of thesaid commissioners, before he pioceeds to act as such, shall take and subscribe au oath or solemn affii malion in the presence of u justice of tne peace that he wdi well, faithfully and impartially, according to the best of his skill and judgment, and without unnecessary delay, execute and per-'ori- n all the duties required of him as a com- missions, under the sixth section of the act ot Congress, entitled " An act to nicoiporate .. company for- making certain turnpike roads in the district of Columb a," which oaths or so suhsenbed and certified by the justice, in whose presence they shall be sever- ally taken and subscribed, shall be filed in the ofhee of the clerk ofthe said circuit court, & enrolled among the land records ofthe county ot Washington and the said commissioners, or any two of them, being qualified as afore- said, shall upon the request of the said presi- dent and directors, cause to be surveyed, laid out ascertained, desci ibed and maiked(by cer- tain metes and bounds, of the atoresaid turn- pike road, described in tie firstsection of this act, not less than sixty feet in breadth, in such routes, tiacts or courses, for the same respire tively, as, in the best of their judgment, will combine shortness of distance with the mosi convenient ground, and the smallest expense of money: and foi thispurposeif shall be law- ful for them, and such agents, assistants, ser- vants, or attendants, as they may think proper to employ, to enter upon any of the lands through or near which the said road may be laid out; having first given twenty days' pub- lic notice, in some public newspaper, printed in the district of Columbia, of the time and place of their entering on the said business of survey mg and lay ing out such road respective- ly r and is any prop. ietor of any part of the lands, through which the said road may be laid out, shall require compensation for so mucliof his or her said land, as may be occu- pied by tli? said road, or shill claim dimiges for or on account of the openim? or lavim? Out ot said road through ins or her land, and it the said president and directors canno't ajrree With such proprietors respecting the same, then the said commissioners at the request e.ther party, shall appoint a day and place to hear Lnd decide Upon such claim, and the of compensation and damages which such proprietor shall be entitled to receive fiom company thereof, first giving twenty days' notice to the adverse party, his 01 her atrent, or attorney in tact, or other legal representative, is either shall be within the district of Columbia; and is the party so notified shall sail to attend, or is the parly shall be an infant under age, non compos mentis, e covert or absent out of the district of Columbia and have no agent or legal lvpiesentative therein, then the said commissioners may proceed ex parte 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, shall by them be returned to the office of the clerk of the said court for the county of Washington, with in ten days aster such hearing, and a copy tneicoi suan witiiin ten clays atter such return be sei v ed upon such of the nai ties as are res dents in the district of Columbia; and is such award be not, at the session ot the sa d circuit court in the county of Washington, next aster such leturn of the said award to the clerk's of- hee, set aside on account of fraud or partia- lity in the said commissioners, or other cause deemed sufhcient in the opinion of the com t, the same shall be final and conclusive between the pii ties, and shall be recorded by thesaid clerk ; and the sum so awarded being paid to the said clerk for the use ofthe person entitled to receive the same, the said land mentioned and described in the said avvaid shall and miy be taken end occupied as a turnpike load and public highway forever ; and the said commissioners, upon completing the said sur- vey of the said road, shall letuina plat and lertificate otsuch survey to the said clerk, and the same being accepted by the said court snail be .ecord.d by the said clerk, and there- upon the load so laid out shall be taken, used and occupied as a turnpike mad, and public highway forever; and the said president, and compiny may theieupon proceed to enter upon the same, and shall cause at least twenty sour feet in breadth, thtouchout the whole length thereof, to be made an artificial load of stone, grivel or other hard substance, of sufficient depth, or thickness to secure a so- lid and sum load, wilh the surface as smooth as the materials will admit, and so nearly le vel that it shall in no case rise or fall more than an anele of sour decrees with a horizontal line, and the said road shall thereafter be kept in good and perfect repair ; and wheresoever upon the said road any bridge shall be deemed nee ssary thesame shall be built of sound and ,jaiuii; uiiucnaiu-- . ivnu 13 CEC CitKBrW tut said commissioners die or refuse to act. or be' come incapacitated, or shall be'removed by the court for misconduct, the said court may ap- point another in his place ; and when in the of the said president and directors, the said road shall be completed to the extent of twenty tour tect in breadth, the same shall be examined by the said commissioners or any two of them j and is in the opinion of them or any two of them, the said road should have been completed to the extent of at least twen feet in breadth, according to the mean-in- g of this act, they shall certify the same to the said court, or the judges theieof out of court, and their certificate being accepted by the said court, orany two judges thereof, and re- corded, the said president and directors shall and may thereafter erect and six one gate and turnpike upon and and across the said road, to collect the tolls hereinafter granted to the said company ; and it shall be lawful for them to appoint such, and so many toll gatherers as they shall dem necessary to collect and re- ceive of and from all and every person and per- sons using the said road, the tolls and rates hereinafter mentioned, and to stop any person or persons nding, leading or driving any hors-se- s, mules, cattle, hogs, sheep, sulky, chair, chaise, phaton, chariot, coach, cart, wagon, sleigh, sled or any Carriage of burden or plea sure, from passing through the said gate, un- til the said tplls shall ba paid, that is to say : For every scoie of sheep, five cents; for every score of hogs, five cents; for every score of cattle, ten cents ; and so in proportion for any greater or less number ; for every horse or mule with a rider, three cents ; for every stage or wagon and two horses, six cents, for eith- er carriage last mentioned with sour horses, ten cents ; for every led or driven horse or mule, one cent ; for every sulky, chair, chaise or carriage of pleasure, with two wheels and one horse, five cents ; for every coach, chariot. phjeton or chaise, with sour wheels and two horses, nine c nts ; for any of the said carri- ages last mentioned with sour horses, eleven cents; foreverv other carriage of pleasure, un- der whatever name it may go, the like s.ns, according to the number of wheels and horses, in proportion aforesaid ; for every sled or sleigh used as a carriage of pleasure, three c-- for each horse drawing the same ; for every sled or sleigh used as a carriage of bur-de- two cents tor each horse drawing the .arpe; for every cart oc wagon, whose wheels do not exceed sour inches, in breadth, three cents for each horse drawing the same ; for evc-- cart or wagon, whose wheels shall ex- ceed m breadth sour inches, and not exceed se- ven inqhes one and an half cents for every horse drawing the same ; for every cart or agon, whose wheels shall be more than se- - tven inches in breadth, and not more than ten inches, one and a quarter cents for every horse uiawmg me same ; lor every cart or wagon, the breadth of whose wheels shall be more nan ten inches, and not exceeding twelve in- ches, one cent for every horse drawing the same ; and tha.t all such carriages as aforesaid, to be drawn by oxeq, or to be drawn by part oxen, or to be drawn by mules in whole or ipart, two oxen shall be estimated as equal to one horse, in charging ill the aforesaid tolls, and every mule as equal to one horse Sec. 6 And be it further enacted, That in all cases whei e stone, gravd, earth or sand, shall be necessary for making or repairing the said road, and the said president, directors, & company of Georgetown and Leesburgh turn- pike road cannot agree for the same, with the owner thereof, then upon application by the said president and duectors. or anv rjerson an thonsed by them, to any one of the judges of iac samuisinci court, ne may, it ne see cause, by warrant, under his hand and seal, command the marshal of the said district to summon jury of thirteen disinterested persons, qualifi- ed to serve as petit jurors in the said Circuit court, to meet at the place wheie such materi- als may be, on some day, not more than tei days aster the date of such warrant, and to give the other party five days notice of thf said time and place, is such party be sound within the district of Columbia ; and is anv one of said jurors should sail to attend ai the said time and place, the marshall may im mediately summon talesmen in the place of tliosewlio are absent, and shall administer an oath to the said jurors and talesmen, as the rase may be, justly and impartially to value the said materials and to assess the damaire which the owner thereof shall sustain, by the taking thereof bv the said president & directors and company of theGeorgetown and Leesburgh VMinirmc iuau, which valuation ana assess- ment of damages, made by the said jurors, or a majority of them, shall be signed by the said marshall and the jurors, or so many of them as shall agree thereto, and be returned by the marshal to the said clerk ofthe said court for the county of Washington, to be by him recor- ' ded, and shall be conclusive between the par- - ties ; and a copy thereof shall be delivered to each of the parties who may be resident in the district of Columbia, and the sum so awarded & assessed being paid to the said clerk of the said court, for the use of the party entitled thereto, the said president and directors may proceed to take and carry away the said ma- terials so valued, for the purposes aforesaid ; and thesaid president, directors and company shall pay the said marshal five dollars for his services in Summoning and empannelling the said jury, and taking and returning said in- quest, and twodollars to each of the jurors so sworn. Sec 7 And be it further enacted, That for the purpose of ascertaining the weight that may be drawn along the sa.d load, in any wag- on, cart or other carriage of burden, it shall and may be lawful for the said president, di- rectors and company to erect and establish scales and weights, at or near the gate erect- ed, or to be erected, in pursuance of this act, as they may think proper; and where there may seem reasonable cause to suspect that y cart, wagon or other carriage of buiden, carries a greater weight than is or shall be by law allowable, it shall be lawfnl for the toll gatherers, or other persons in their service or employment to prevent the same from passing such gate or turnpike, until such e irt, wagon or carnage of burden shall be drawn into the fix- ed or erected scales, at or near any such gate or turnpike, and the weight or burden drawn therein ascertained by weighing ; and is the person or persons driving or having care or charge of any such cart, vvagon or other cairi-ag- e of burden shall refuse to drive the same in-t- any such scales for the, purpose aforesaid, the person or persons so lefusmir shall forfeit I and pay the said presidcnt.cS ajjj jgm- - A7TP HIP HIPlEr a JL Jl f 1 A b -- - - ..... ...I. ii .7 . '" -- ' "". '. " . .TSSStX LEXTNGTON, MONDAY EVENING, NOVEMBER thesaidprcsident.directors.and pany any sum not less than five dollars.nor more than eight dollars, to be recovered m themanner hereinafter mentioned- - Sec 8. And be it further enacted, That no Wagon or other carnage with sour wheels, the breadth of whose wheels shall not be sour in- ches, shall be drawn along the said road with a Greater vveieht thereon than three tons weight ; that no such carriage, the breadth of whose wheels shall not be seven indies, or inches or more, shall roll at least ten inches, shall be drawn along the said road with more than five tons ; that no such carriage, the bieadth of whose wheels shall not be ten inch es or more, or being less, shall not roll at least twelve inches, shall be drawn along the said road wilh moie than enrht tons ; that no cart or carriage, with two wheels, the same breadth of wheels as the wagons aforesaid, shall be drawn along the said road with more than half the burden or weight aforesaid ; and is any cart, wagon ortcarriage, of buiden whatever, shall be drawn along the said road with a greater weight than is hereby allowed, the ow- ner or owners of such carriage, is the excess of burden shall be three hundred weight or up wards, shall forfeit and pay sour times the cus- tomary tolls, for the use ot the company : Pro vided always, That it shall and maybe lawful for the said company by their bye laWs to al- ter any or all the regulations herein contamed, respecting the burdens or carriages to be drawn over the said road, and to substitute other regulations, is upon experiment such al- terations shall be sound conducive to the pub lic trood : Provided, nevertheless, That such re gulations shall not lessen, the burdens of car- riages above described Sec 9 And be it further enacted That the president and directors of the company shall keep, or cause to be kept fair and just accounts of all monies to be received by them from the said commissioners first herein nam- ed, and from the stockholders or subscribers to the said undertaking, on account of their se- veral subscriptions oi shaies, and of alimo nies by them to be expended in the prosecu tion ot their said woik, and shall once at least in every year submit such accounts to a cene ral meeting ofthe stockholders, until the said road shall be completed, and until the costs, charges and expenses of effecting the same shall be sully liquidated, paid anddischirgcd; and it upon such liquidation, or whenever the whole capital stock ofthe said company shall be neaily expended, il shall be (ound that the said cap. tal stock will not be sufficient to com plete the said road aocordinir to the true in tent and meaning of this act, it shall and may be lawful for the said stockholdersbeing con vened accoiding to the piovisions of this act, or their bye laws and rules, to increase the a- - mount to be paid on the shares trom time to time, to such extent as shill be necessary to accomplish the work ; and to demand and re- ceive the increased amount so to be required on such shares in like manner, and under the like penalties as are herein before provided for the original payments, or as shall be provided by their bye-law- s Sec 10. And be it further enacted, That the president and directors shall also keep or cause to be kept, j ust and true accounts ot all mo nies to be received by their collectors of tolls at the turnpike gate on the said road, and shall make and declare a halt-ye- ly dividend afore said, in some newspaper printed in the'district of Columbia, and of the time and place when ai'd where tne same will b- - paid, and cause the same to be paid imm diately. Sec. 11 And be it further enacted. That it shall be the duty of the said corporation to keep the said road in good repair, and it by neglec of their said duty, the said corpora- tion shall at any time sutler the said road to be out of repair, so as to be unsafe or inconve- nient for p issengers, the sa.d corporation shall be liable to be presented for such neprlect, be sore any court of competent jurisdiction, and upon conviction thereof, to pay the United Srates a penalty not exceeding one hundred dollars, at the discretion of cou't ; and shall also be responsible for all damages winch may- be sustained byany person or persons, in con-- s quence of such want of repair, to be recover- ed in an action of trespass on the case, in any court competent to try thesame: Provided al- ways, and it is further enacted, That vvhenevei the net proceeds of tolls collected on said roid, shall amount to a sum sufficient to re- imburse the capital which shall be expended in the purchase of such land and making such roads, and twelve per cent interest per annum thereon, to be ascertained by the cirtuit court ofthe United States, in and for the district of Columbia, thesame shall become a free road, and tolls shall be no longer collected thereon and the slid company shall annually make re- turns to said circuit court of the amount of the tolls collected, and of their necessary expenses, so as to enable said circuit court to determine when said tolls shall cease. Sec. 12. And be it further enacted, That is anv person or persons riding in or driving any cai nage of any kind, or leading, riding or dri- ving any horses, sheep, hogs, or any kind of cattle whatever on said road, shall pass through any private gate, bars or fence, or any private Way orpassatre, or pass throuirh any toll gate, under anv pretended pi ivilege or exemption to which he, she or they may not be entitled, or do any act or thing with intent to lessen or evade the tolls for passing through the gate established under this act, such per- son or persons, for every such offence, shall forfeit to the president and directors not less than thiee nor more than ten dollars to be re- covered before any justice of the peace, with costs in the same manner that small debts are recoverable : Provided, That it shall not be lawful for the company to ask, demand or re- ceive from or for persons living on or adjacent to the said road who mav haveoccasion to pass by the said road upon the ordinary business re lating to their tarms, so tar as the same may in its limsls extend on the roads respectively. who shall not have any other convenient road nr way by which they may pass from one part to another part thereof, any toll for passing on saiu lumuittt:. II. CLAY. Speaker of the House of Jleprescntatnes. V.. GEltttY, Fire President of the United States, and Presi- dent of the Senate July .13, 1813 ArMovxi), JAMES MADISON, AN ACT Laying a duty on imported silt, granting yfnfc on njgklpd fh exported, e3d ajlavr- - ance to certain vessels employed in the fislt cries. HE it enacted by tfie Senate and. House of tie' presentative ofthe United Stales of Amenta vt Congress assembled, That from and aster the first day of January next, a duty of twenty cents per bushel shall be laid, imposed aiid col- lected upon all salt imported from any for- eign port or place into the United States. In calculating the said duty, every fifty six pounds of salt shall be computed as equal to one bu- shel. And the said duty shall be collected in thesame manner, and tinder thesame reeula- - tions as other duties laid on the importation of foreign goods, wares and merchandize into the United States Provided, That drawback shall in no case be allowed, and the term of crtdit for the payment of duties shall be nine months. Sec. 2. And be it further enacted, That on all pickled fish of the fisheries of the United States, exported therefiom subsequent to the last day of December, one thousand eight bun dred and fourteen, there shall be allowed ami paid a bounty of twenty cents per barrel ; to be paid by the collector of the district from which the same shall be so exported, without any deduction or abatement : Provided alviayi, That in order to entitle the exporter or expor- ters of such pickled fish to the benefit of such bounty or allowance, the said exporter or shall make entry with the collector and naval officer of the district from v hence the said pickled fish are intended to be ex- ported ; and shall specify in such entry the names of the master and vessel in which, and the place where such fis"h. are intended a be exported, together with the particular quanti- ty ; and proof shall be made to the satisfaction of the collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, is any, that the same are of the fisheries of, the Unveil States : and no enti y shall be received as afore- said, of any pickled fish which have not been inspected and marked pursuant to the inspec- tion laws of the respective states where in- spection laws are in force, in regard to any pickled fish, and the casks containing such, fish shall be branded with the words " for bounty," with the name of the inspector or packer, the species and quality ofthe fish con- tained therein, and the name ofthe port of ex- portation ; and the collector of such district shall, together with the naval officer, where; there is one, grant an order or permit for an inspector to examine the pickled fish as ex- pressed in such entry, and is they correspond therewith, and the said officer is sully satisfied that they are of the fisheries of the United States, to lade the same, agreeably to sucU entry, on board the ship or vessel therein ex- pressed ; which lading shall be performed un- der the superintendance of the officer examin- ing the same, who shall make returns of the' quantity and quality of pickled fish so laden on board in virtue of such order or permit, to the officer or officers granting the sime. And the said exporter or exporters, when the lading-i- s completed, and aster returns thereof hare been made as above directed, shall make oath or affirmation, that the pickled fish expressed in shell entry, and then actually laden onboard the ship or vessel as therein expressed, are, truly and bona side, of the fishei les of the U. States, that they are truly intended to be ex- ported as therein specified, and arc not inten- ded to be relanded within the limits of the V. States ; and shall also give bond in double the am Hint of the bounty or allowance to be reJ ceived, with one or moie sureties to the satis- faction of the collector of the port or riace from which the said pickled fish are intended to he exported, conditioned 'that the ame shall be landed and lest at some foreign poit of place without the limits aforesaid ; which bonds shall be cancelled at the same periods and in like manner as is provided in respect to bonds given on the exportation ot goods, wares and merchandize entitled to drawback of duties ; Provided That the said bounty or allowance shall not be paid until at least six months aster the exportation of sucli pickled fish, to be computed from the date of the bond, and until the exporter or exporters thereof shall produce to the collector with whom such outward entry is made, such certi ficates or other satisfactory proof ofthe landing oi tne same as aioresaiu, as is maae necessary for cancelling the bonds given on the expo ta-ti- of goods entitled to drawback : And, pre vided also ; That the bounty or allowance as aforesaid, shall not be paid unless the sime shall amount to ten dollars at least upon each" entry. bee. J. Jlnd be tt Jurther enacted, That no bounty, drawback or allowance shall be made under the authority of this act, unless it shall be proved to the satisfaction of the collector that the pickled fish for which the bounty, drawbactor allowance shall be claimed, was wholly cured with foreign salt, and oii which a duty shall have been secured or paid. Sec. 4t And be tt further enacted, That is an pickled fish shall be falsely or fraudulently en- tered with intent to obtain the bounty or on their exportation as here provided, when the said fish are not entitled to thesame, the said fish or the value thereof, to be reco- vered of the person making such false entry, shall be forfeited Sec 5 And be it further enacted, That from and aster the last day of December, one thotir-an- d eight hundied and fourteen, there shall be paid on the last day of December, annualljy to the owner of every vessel or his agent, by the collector of the district where such vessel may belong, that shall be qualified agreeably to law for carrying on the bank and other cod fisheries, and that shallactually have been em- ployed therein at sea for the term of sour months at the leastot the fishing season next preceding, which season is accounted to he from the last day of February to the last day of November in every ye. x, for each and every-to-n of such vessel's burthen according to her admeasurement as licensed or enrolled, f of twenty tons and not exceeding thirty tonsy two dollars and forty cents, and is above thirty tons sour dollars; of which allow- ance aforesaid three eighth parts shall ac crue and belong to the owner ol such jishinp vessel, and the other s thereof shall be div.ded by him, his agent, or lawful repre- sentative to and among the several fishermen, who shall have been employed in such vessel during the season aforesaid, or a part thereof as the case may be, in such proportions as tha fish they shall respectively have taken may bear to the whole quantity offish taken on board such vessel during such season . Proit' ded, That the allowance afi resaid on anyone vesid f r one season, shall not exceed tro hundred a,nd seyt nty-t- n o dolUy;

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Page 1: rin T'i l T A7TP HIPnyx.uky.edu/dips/xt7hdr2p664n/data/0968.pdf · J ilm Hove, Geotge Johnson, William Steuart, "VilIum'Wh..nn, Washington Bowie, John W "Bronaugh, UJgar Patterson,

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'W7?"prik"T' rin f T'i "IT l T"

Nczo Series No. 46. Vol. ZTJ K. 15, 1813. Xfol Sfc

I. V S OF THE U. STTES.Cnr .lUTfioiujcrj

AN ACTTj incorpot ate a company for making a certain

turnpike road in tlie county of Washington,in the district of Columbia.HE it enacteilby the Senate and House of

oftlie United States of America inCongress assembled, That William Marbury,J ilm Hove, Geotge Johnson, William Steuart,"VilIum'Wh..nn, Washington Bowie, John W"Bronaugh, UJgar Patterson, and John Eliasonbe, and they are hereby appointed a boaul ofcommissioners, a majwity of whom to consti-tute a quorum, with full powers to receive andenter irt such book or books, as they maydeem proper, by themselves or their agents,Mibsc iptions for raising a capital stock of tenthousand d dlars, in shares of fifty dollarseach, for the put pose of opening giavelhng &

Improving a road in the counties of Washing-ton and Alexandria, in the district of Colum-bia, from the intersection of Tails sticet andWater street in the town of Georgetown, tothe boundary line of the d.stnct of Columbia,in the most direct and practicable route

Leesburgh, conforming as nearly asshall be sound advantageous and convenienttntlip nrespnt main rnad.leadini? from the saidintersection towards Leesburgh, and through j

the counties of Washington and Alexandria aCji ml . Provided, That no subscription shalllie rec ived, unless the sum of five dollars befirsv naid into the hands of such agent or oth-

er p son, as the saidrcommissioncrs may au-tl-

m to receive it : the times, places, andnUn cr of icceiying and entering subscriptionsshnll be prescribed by said commissioners, andad Used in such gazettes as they may deemexpedient ; and whenever one bundled sharesoi more shall be subscribed, the commission-ers or a majority of them, shall give notice intome newspaper, printed in the district of Co-

lumbia, of a time and place to be by them ap-p- o

ited, for the snbsci ibers to proceed to or-g- a

ze the corporation, by an election ot off-

icers and all persons who may then be, orthereafter may become pioprietors of 6hansin the Mid capital stock, either as subscribersfoi the same, or as the legal representatives,auccr-ssoi- or assicnecs of such subscribers,shall liecome one body politic and corporate,in deed and in law, by tl e name and style otthe Georgetown and Leesburgh Turnpike Com-

pany, and by the same shall have perpetualsuccession, and all the privileges belonging toa corporation ; and shall be capable, of takingand holding their said capital stock, and theprofits, theieof, and of enlarging the same bv

new subscriptions, is sound necessary to fusilthe intent of this act, and of purchasing, tak-

ing and holding, to them and their successorsand assigns, in see simple, or for anv lesser es-

tate, all such lands, tenements, and heredita-ment-

and estate real and personal, as shallTe necessary and useful in the prosecution oftl.eir work, and of suing and being sued, ofhavings common seal, and ot doing all andi;ve.y other mitter and thing concerning tireSubject aforesaid, which a corporation or bodypolitic may do.

Sec. 2. And be it further enacted. That theSlid company shall meet on the th'n d Mondayin M rch in every year, at such place as shallbe fixed by their b)c laws, for the purpose ofchoosing such otneers as atoresaid tor tne en-

suing year, in manner aforesaid, and at suchother times as they shall be summoned b thepresident and directors aforesaid; atw-lnc-

cnmial or special mce'mgs they shall have fullrioter and authority to do and perform any petb law allowed, and pertaining lo the affairs ofiaid company ; and the president and direct- -

nrs for the time beinr, shall hold their fficessuit 1 others shall be armointcd in their nlaces; and the said corporation shall not bedeemed to be dissolved by icason of ny dp- -

feet of officers, but is it should hitmen thatthere shouldbeno president or directors com-

petent tn call a meeting of the stockholders,the same may 1x called hi anv stockholder, forthe purpose cf electing such officers, giv-fu- g

Unity dayp' noticexf the time and placeis such mtctmir, by advettisement, in a news,

sniper printed in the disti iqt of Columbia.Sec S. And be it further enacted, That the

'Vres dent and directors, shall procure printedr.e ' ficates for all the shares of said stock, andshill deliver on? SVtch ceitificate, signed by theOKSntent, to each person, for every share byturn or her subscribed and held, which ccrtificaie shall be transferable at his or her plea-

sure m person, or by attorney, in the presenceof the president, cleil:, or tieasurerof saidcompany , w ho shall witness the same , subjecthowever, to all payment due, or to grow duetnei eitpou ; and the ass'gnec lulding any suchcertiac ite, having caused the assignment to been ft cd in a book foi the company, to be keptf i that purpose, and having paid the cleik ofa,d company twentv-fiv- e cents for each certi- -

fici'econtan.ed in such assignment for his services in recording the same, shall be a mem-

ber of said company ; and for eveiy ceitificate"liv him held shall be entitled to one shaie inthe capital stock and estate ot said company.Andifjuiy stockholder, aster thiity days' pub-

lic notice in a newspaper printed in the dis"ti ict of Columbia, ot the time and place aptiointed for the payment of any poi tion or di-

vidend of the sum subscribed in the saidV ick, shall neglect to pay the same, sir theo.MCeof thirtv day l aster the tune so appointed,41ie shore or shares, on which such delinquen-cy has luken pl-- d, may be sold at public auc-- f

ion, and iransleiredby them to any person orpp'-'O"- wiling to purchase for such price ascm be obtained, 01 in case any pioprietorshall fall to pay any instalment which shall helt iy asstssul, such instalments or any prttn ieof, that shall remain deficient or unpaid,

sf n iV 1l recovered of the person or persons soa ng to p ij , by warrant fi om a justice of thee cv, ii the amount shall not excted twenty

rtfl'ars, and is the sum so due, shall exceeiltwenty dojlais the same be lecovered by nio-t- u

n in the name of said company on ten d iys'notice, or bv action at lav in the actual courseoljudiciul proceedings, in any court of rccoidin tlie uismcLoi voiuiiima,auu man instancesv'reie the person so sailing 10 piy his instal-ment, cannot be sound in the said district, thaii. covery shall bo had against him by suchmode (it judicial proceeding, as is authorised

the laws of tho country where suchdefault-,- i

.shall be sound; and m all Such warrants,rtioffcons or actions, the certificate ofthe cleiku ttieVud ciinpany shall bcern 'hi of therifcienu,) Wuuoei ci the coirwm

and prima facie evidence of the amount due onthe share or shares held by such defendant.

Sec 4 And be it further enacted, That thesaid president and directors shall meet at suchtimes and places as shall be agreed up n fortransacting their business ; at which meetingsany three members shall forma quorum, wlu,in the absence of the president may choose achairman, and shall k ep minutes of all theirtransactions, fairly entered on a book, and aquorum being met, they shall have full powerauu. aumoriiy 10 appoint a treasurer, anu another officers necessary and convenient, andagree with and appoint all such surveyors, m- -

tendants, artists or other agents as they mayjudge necessary, to carry on the intendedworks, and to six their salaries, wages or com-

pensation, to direct and order the times, man-ner and propoitions, when and in which thestockholders shall pay monies due on their re-

spective shares , to draw orders O'l the trea-surer for all monies due from said company ;and generally to do and transact all such oth-

er matters, acts and 'things, as by the byelaws, rules, and regulations of said companyshall be required or permitted.

Sec 5. And be itfurther enacted, That uponapplication of the said presidtni and directorsot the said company, to the circuit court ofthe district of Columbia, or to the judges ofsaid court out of court, the said court, or thejudges, or any two of the judges thereof out ofcourt, shall appoint three commissioners, notinterested in any of the lands through whichthe said road may be laid out, nor interestedin the stock of the company hereby created,nor in the occupancy of any mills or waterworks by which the said road may pass; whoshall receive each, from the said president anddirectors and company twa dollars for. eveiyday they shall respectively be actually neces-sa- i

lly employed, m or about the affairs of saidcompany; and each of thesaid commissioners,before he pioceeds to act as such, shall takeand subscribe au oath or solemn affii malion inthe presence of u justice of tne peace that hewdi well, faithfully and impartially, accordingto the best of his skill and judgment, andwithout unnecessary delay, execute and per-'ori- n

all the duties required of him as a com-

missions, under the sixth section of the act otCongress, entitled " An act to nicoiporate ..company for- making certain turnpike roads inthe district of Columb a," which oaths or

so suhsenbed and certified by thejustice, in whose presence they shall be sever-ally taken and subscribed, shall be filed in theofhee of the clerk ofthe said circuit court, &enrolled among the land records ofthe countyot Washington and the said commissioners,or any two of them, being qualified as afore-said, shall upon the request of the said presi-dent and directors, cause to be surveyed, laidout ascertained, desci ibed and maiked(by cer-tain metes and bounds, of the atoresaid turn-pike road, described in tie firstsection of thisact, not less than sixty feet in breadth, in suchroutes, tiacts or courses, for the same respiretively, as, in the best of their judgment, willcombine shortness of distance with the mosiconvenient ground, and the smallest expenseof money: and foi thispurposeif shall be law-ful for them, and such agents, assistants, ser-vants, or attendants, as they may think properto employ, to enter upon any of the landsthrough or near which the said road may belaid out; having first given twenty days' pub-lic notice, in some public newspaper, printedin the district of Columbia, of the time andplace of their entering on the said business ofsurvey mg and lay ing out such road respective-ly r and is any prop. ietor of any part of thelands, through which the said road may belaid out, shall require compensation for somucliof his or her said land, as may be occu-pied by tli? said road, or shill claim dimigesfor or on account of the openim? or lavim? Outot said road through ins or her land, and itthe said president and directors canno't ajrreeWith such proprietors respecting the same,then the said commissioners at the requeste.ther party, shall appoint a day and place tohear Lnd decide Upon such claim, and the

of compensation and damages whichsuch proprietor shall be entitled to receivefiom companythereof, first giving twenty days' notice to theadverse party, his 01 her atrent, or attorney intact, or other legal representative, is eithershall be within the district of Columbia; andis the party so notified shall sail to attend, oris the parly shall be an infant under age, noncompos mentis, e covert or absent out ofthe district of Columbia and have no agent orlegal lvpiesentative therein, then the saidcommissioners may proceed ex parte to hearand decide the same, and the award of themor any two of them, made in writing signedby them, or any two of them, shall by thembe returned to the office of the clerk of thesaid court for the county of Washington, within ten days aster such hearing, and a copytneicoi suan witiiin ten clays atter such returnbe sei v ed upon such of the nai ties as are resdents in the district of Columbia; and is suchaward be not, at the session ot the sa d circuitcourt in the county of Washington, next astersuch leturn of the said award to the clerk's of-

hee, set aside on account of fraud or partia-lity in the said commissioners, or other causedeemed sufhcient in the opinion of the com t,the same shall be final and conclusive betweenthe pii ties, and shall be recorded by thesaidclerk ; and the sum so awarded being paid tothe said clerk for the use ofthe person entitledto receive the same, the said land mentionedand described in the said avvaid shall andmiy be taken end occupied as a turnpike loadand public highway forever ; and the saidcommissioners, upon completing the said sur-vey of the said road, shall letuina plat andlertificate otsuch survey to the said clerk, andthe same being accepted by the said courtsnail be .ecord.d by the said clerk, and there-upon the load so laid out shall be taken, usedand occupied as a turnpike mad, and publichighway forever; and the said president,

and compiny may theieupon proceedto enter upon the same, and shall cause at leasttwenty sour feet in breadth, thtouchout thewhole length thereof, to be made an artificialload of stone, grivel or other hard substance,of sufficient depth, or thickness to secure a so-lid and sum load, wilh the surface as smoothas the materials will admit, and so nearly level that it shall in no case rise or fall morethan an anele ofsour decrees with a horizontalline, and the said road shall thereafter be keptin good and perfect repair ; and wheresoeverupon the said road any bridge shall be deemednee ssary thesame shall be built of sound and

,jaiuii; uiiucnaiu-- . ivnu 13 CEC CitKBrW tut

said commissioners die or refuse to act. or be'come incapacitated, or shall be'removed by thecourt for misconduct, the said court may ap-point another in his place ; and when in the

of the said president and directors, thesaid road shall be completed to the extent oftwenty tour tect in breadth, the same shall beexamined by the said commissioners or anytwo of them j and is in the opinion of them orany two of them, the said road should havebeen completed to the extent of at least twen

feet in breadth, according to the mean-in- g

of this act, they shall certify the same to thesaid court, or the judges theieof out of court,and their certificate being accepted by thesaid court, orany two judges thereof, and re-

corded, the said president and directors shalland may thereafter erect and six one gate andturnpike upon and and across the said road, tocollect the tolls hereinafter granted to thesaid company ; and it shall be lawful for themto appoint such, and so many toll gatherers asthey shall dem necessary to collect and re-

ceive of and from all and every person and per-sons using the said road, the tolls and rateshereinafter mentioned, and to stop any personor persons nding, leading or driving any hors-se- s,

mules, cattle, hogs, sheep, sulky, chair,chaise, phaton, chariot, coach, cart, wagon,sleigh, sled or any Carriage of burden or pleasure, from passing through the said gate, un-til the said tplls shall ba paid, that is to say :

For every scoie of sheep, five cents; for everyscore of hogs, five cents; for every score ofcattle, ten cents ; and so in proportion for anygreater or less number ; for every horse ormule with a rider, three cents ; for every stageor wagon and two horses, six cents, for eith-er carriage last mentioned with sour horses,ten cents ; for every led or driven horse ormule, one cent ; for every sulky, chair, chaiseor carriage of pleasure, with two wheels andone horse, five cents ; for every coach, chariot.phjeton or chaise, with sour wheels and twohorses, nine c nts ; for any of the said carri-ages last mentioned with sour horses, elevencents; foreverv other carriage of pleasure, un-der whatever name it may go, the likes.ns, according to the number of wheels andhorses, in proportion aforesaid ; for every sledor sleigh used as a carriage of pleasure, threec-- for each horse drawing the same ; forevery sled or sleigh used as a carriage of bur-de-

two cents tor each horse drawing the.arpe; for every cart oc wagon, whose wheelsdo not exceed sour inches, in breadth, threecents for each horse drawing the same ; forevc-- cart or wagon, whose wheels shall ex-ceed m breadth sour inches, and not exceed se-ven inqhes one and an half cents for everyhorse drawing the same ; for every cart or

agon, whose wheels shall be more than se- -tven inches in breadth, and not more than teninches, one and a quarter cents for every horseuiawmg me same ; lor every cart or wagon,the breadth of whose wheels shall be more

nan ten inches, and not exceeding twelve in-

ches, one cent for every horse drawing thesame ; and tha.t all such carriages as aforesaid,to be drawn by oxeq, or to be drawn by partoxen, or to be drawn by mules in whole oripart, two oxen shall be estimated as equal toone horse, in charging ill the aforesaid tolls,and every mule as equal to one horse

Sec. 6 And be it further enacted, That inall cases whei e stone, gravd, earth or sand,shall be necessary for making or repairing thesaid road, and the said president, directors, &company of Georgetown and Leesburgh turn-pike road cannot agree for the same, with theowner thereof, then upon application by thesaid president and duectors. or anv rjerson anthonsed by them, to any one of the judges ofiac samuisinci court, ne may, it ne see cause,by warrant, under his hand and seal, commandthe marshal of the said district to summonjury of thirteen disinterested persons, qualifi-ed to serve as petit jurors in the said Circuitcourt, to meet at the place wheie such materi-als may be, on some day, not more than teidays aster the date of such warrant, and togive the other party five days notice of thfsaid time and place, is such party be soundwithin the district of Columbia ; and is anvone of said jurors should sail to attend aithe said time and place, the marshall may immediately summon talesmen in the place oftliosewlio are absent, and shall administer anoath to the said jurors and talesmen, as therase may be, justly and impartially to valuethe said materials and to assess the damairewhich the owner thereof shall sustain, by thetaking thereof bv the said president & directorsand company of theGeorgetown and LeesburghVMinirmc iuau, which valuation ana assess-ment of damages, made by the said jurors, ora majority of them, shall be signed by the saidmarshall and the jurors, or so many of themas shall agree thereto, and be returned by themarshal to the said clerk ofthe said court forthe county of Washington, to be by him recor-

' ded, and shall be conclusive between the par- -ties ; and a copy thereof shall be delivered toeach of the parties who may be resident in thedistrict of Columbia, and the sum so awarded &assessed being paid to the said clerk of thesaid court, for the use of the party entitledthereto, the said president and directors mayproceed to take and carry away the said ma-terials so valued, for the purposes aforesaid ;and thesaid president, directors and companyshall pay the said marshal five dollars for hisservices in Summoning and empannelling thesaid jury, and taking and returning said in-

quest, and twodollars to each of the jurors sosworn.

Sec 7 And be it further enacted, That forthe purpose of ascertaining the weight thatmay be drawn along the sa.d load, in any wag-on, cart or other carriage of burden, it shalland may be lawful for the said president, di-

rectors and company to erect and establishscales and weights, at or near the gate erect-ed, or to be erected, in pursuance of this act,as they may think proper; and where theremay seem reasonable cause to suspect that y

cart, wagon or other carriage of buiden,carries a greater weight than is or shall be bylaw allowable, it shall be lawfnl for the tollgatherers, or other persons in their service oremployment to prevent the same from passingsuch gate or turnpike, until such e irt, wagonor carnage of burden shall be drawn into the fix-

ed or erected scales, at or near any such gate orturnpike, and the weight or burden drawntherein ascertained by weighing ; and is theperson or persons driving or having care orcharge of any such cart, vvagon or other cairi-ag- e

of burden shall refuse to drive the same in-t-

any such scales for the, purpose aforesaid,the person or persons so lefusmir shall forfeit

I and pay the said presidcnt.cS ajjj jgm- -

A7TP HIP HIPlEra JL Jl f1 A b

-- - - ..... ...I.ii .7 . '"-- '

"". '. ".

.TSSStX

LEXTNGTON, MONDAY EVENING, NOVEMBER

thesaidprcsident.directors.and

pany any sum not less than five dollars.normore than eight dollars, to be recovered mthemanner hereinafter mentioned- -

Sec 8. And be it further enacted, That no

Wagon or other carnage with sour wheels, thebreadth of whose wheels shall not be sour in-

ches, shall be drawn along the said road witha Greater vveieht thereon than three tonsweight ; that no such carriage, the breadth ofwhose wheels shall not be seven indies, or

inches or more, shall roll at least teninches, shall be drawn along the said road withmore than five tons ; that no such carriage, thebieadth of whose wheels shall not be ten inches or more, or being less, shall not roll at leasttwelve inches, shall be drawn along the saidroad wilh moie than enrht tons ; that no cartor carriage, with two wheels, the same breadthof wheels as the wagons aforesaid, shall bedrawn along the said road with more than halfthe burden or weight aforesaid ; and is anycart, wagon ortcarriage, of buiden whatever,shall be drawn along the said road with agreater weight than is hereby allowed, the ow-

ner or owners of such carriage, is the excessof burden shall be three hundred weight or upwards, shall forfeit and pay sour times the cus-tomary tolls, for the use ot the company : Provided always, That it shall and maybe lawfulfor the said company by their bye laWs to al-

ter any or all the regulations herein contamed,respecting the burdens or carriages to bedrawn over the said road, and to substituteother regulations, is upon experiment such al-

terations shall be sound conducive to the public trood : Provided, nevertheless, That such regulations shall not lessen, the burdens of car-riages above described

Sec 9 And be it further enacted That thepresident and directors of the companyshall keep, or cause to be kept fair and justaccounts of all monies to be received by themfrom the said commissioners first herein nam-

ed, and from the stockholders or subscribersto the said undertaking, on account of their se-

veral subscriptions oi shaies, and of alimonies by them to be expended in the prosecution ot their said woik, and shall once at leastin every year submit such accounts to a ceneral meeting ofthe stockholders, until the saidroad shall be completed, and until the costs,charges and expenses of effecting the sameshall be sully liquidated, paid anddischirgcd;and it upon such liquidation, or whenever thewhole capital stock ofthe said company shallbe neaily expended, il shall be (ound that thesaid cap. tal stock will not be sufficient to complete the said road aocordinir to the true intent and meaning of this act, it shall and maybe lawful for the said stockholdersbeing convened accoiding to the piovisions of this act,or their bye laws and rules, to increase the a- -

mount to be paid on the shares trom time totime, to such extent as shill be necessary toaccomplish the work ; and to demand and re-

ceive the increased amount so to be requiredon such shares in like manner, and under thelike penalties as are herein before provided forthe original payments, or as shall be providedby their bye-law- s

Sec 10. And be it further enacted, That thepresident and directors shall also keep or causeto be kept, j ust and true accounts ot all monies to be received by their collectors of tollsat the turnpike gate on the said road, and shallmake and declare a halt-ye- ly dividend aforesaid, in some newspaper printed in the'districtof Columbia, and of the time and place whenai'd where tne same will b- - paid, and cause thesame to be paid imm diately.

Sec. 11 And be it further enacted. That itshall be the duty of the said corporation tokeep the said road in good repair, and it byneglec of their said duty, the said corpora-tion shall at any time sutler the said road tobe out of repair, so as to be unsafe or inconve-nient for p issengers, the sa.d corporation shallbe liable to be presented for such neprlect, besore any court of competent jurisdiction, andupon conviction thereof, to pay the UnitedSrates a penalty not exceeding one hundreddollars, at the discretion of cou't ; and shallalso be responsible for all damages winch may-

be sustained byany person or persons, in con-- s

quence of such want of repair, to be recover-ed in an action of trespass on the case, in anycourt competent to try thesame: Provided al-

ways, and it isfurther enacted, That vvheneveithe net proceeds of tolls collected on saidroid, shall amount to a sum sufficient to re-

imburse the capital which shall be expendedin the purchase of such land and making suchroads, and twelve per cent interest per annumthereon, to be ascertained by the cirtuit courtofthe United States, in and for the district ofColumbia, thesame shall become a free road,and tolls shall be no longer collected thereonand the slid company shall annually make re-

turns to said circuit court of the amount of thetolls collected, and of their necessary expenses,so as to enable said circuit court to determinewhen said tolls shall cease.

Sec. 12. And be it further enacted, That isanv person or persons riding in or driving anycai nage of any kind, or leading, riding or dri-

ving any horses, sheep, hogs, or any kind ofcattle whatever on said road, shall passthrough any private gate, bars or fence, or

any private Way orpassatre, or pass throuirhany toll gate, under anv pretended pi ivilegeor exemption to which he, she or they may notbe entitled, or do any act or thing with intentto lessen or evade the tolls for passing throughthe gate established under this act, such per-son or persons, for every such offence, shallforfeit to the president and directors not lessthan thiee nor more than ten dollars to be re-

covered before any justice of the peace, withcosts in the same manner that small debts arerecoverable : Provided, That it shall not belawful for the company to ask, demand or re-

ceive from or for persons living on or adjacentto the said road who mav haveoccasion to passby the said road upon the ordinary business relating to their tarms, so tar as the same mayin its limsls extend on the roads respectively.who shall not have any other convenient road nrway by which they may pass from one part toanother part thereof, any toll for passing onsaiu lumuittt:.

II. CLAY.Speaker of the House of Jleprescntatnes.

V.. GEltttY,Fire President of the United States, and Presi-

dent of the SenateJuly .13, 1813 ArMovxi),

JAMES MADISON,

AN ACTLaying a duty on imported silt, granting

yfnfc on njgklpd fh exported, e3d ajlavr- -

ance to certain vessels employed in the fislt

cries.HE it enacted by tfie Senate and. House of tie'

presentative ofthe United Stales of Amenta vtCongress assembled, That from and aster thefirst day of January next, a duty of twentycents per bushel shall be laid, imposed aiid col-lected upon all salt imported from any for-

eign port or place into the United States. Incalculating the said duty, every fifty six poundsof salt shall be computed as equal to one bu-shel. And the said duty shall be collected inthesame manner, and tinder thesame reeula- -

tions as other duties laid on the importation offoreign goods, wares and merchandize into theUnited States Provided, That drawback shallin no case be allowed, and the term of crtditfor the payment of duties shall be nine months.

Sec. 2. And be it further enacted, That on allpickled fish of the fisheries of the UnitedStates, exported therefiom subsequent to thelast day of December, one thousand eight bundred and fourteen, there shall be allowed amipaid a bounty of twenty cents per barrel ; tobe paid by the collector of the district fromwhich the same shall be so exported, withoutany deduction or abatement : Provided alviayi,That in order to entitle the exporter or expor-ters of such pickled fish to the benefit of suchbounty or allowance, the said exporter or

shall make entry with the collectorand naval officer of the district from v hencethe said pickled fish are intended to be ex-

ported ; and shall specify in such entry thenames of the master and vessel in which, andthe place where such fis"h. are intended a beexported, together with the particular quanti-ty ; and proof shall be made to the satisfactionof the collector of the district from whichsuch pickled fish are intended to be exported,and of the naval officer thereof, is any, thatthe same are of the fisheries of, the UnveilStates : and no enti y shall be received as afore-said, of any pickled fish which have not beeninspected and marked pursuant to the inspec-tion laws of the respective states where in-

spection laws are in force, in regard to anypickled fish, and the casks containing such,fish shall be branded with the words " forbounty," with the name of the inspector orpacker, the species and quality ofthe fish con-

tained therein, and the name ofthe port of ex-

portation ; and the collector of such districtshall, together with the naval officer, where;there is one, grant an order or permit for aninspector to examine the pickled fish as ex-

pressed in such entry, and is they correspondtherewith, and the said officer is sully satisfiedthat they are of the fisheries of the UnitedStates, to lade the same, agreeably to sucUentry, on board the ship or vessel therein ex-

pressed ; which lading shall be performed un-

der the superintendance of the officer examin-ing the same, who shall make returns of the'quantity and quality of pickled fish so ladenon board in virtue of such order or permit, tothe officer or officers granting the sime. Andthe said exporter or exporters, when the lading-i- s

completed, and aster returns thereof harebeen made as above directed, shall make oathor affirmation, that the pickled fish expressedin shell entry, and then actually laden onboardthe ship or vessel as therein expressed, are,truly and bona side, of the fishei les of the U.States, that they are truly intended to be ex-

ported as therein specified, and arc not inten-ded to be relanded within the limits of the V.States ; and shall also give bond in double theam Hint of the bounty or allowance to be reJceived, with one or moie sureties to the satis-faction of the collector of the port or riacefrom which the said pickled fish are intendedto he exported, conditioned 'that the ameshall be landed and lest at some foreign poit ofplace without the limits aforesaid ; whichbonds shall be cancelled at the same periodsand in like manner as is provided in respectto bonds given on the exportation ot goods,wares and merchandize entitled to drawbackof duties ; Provided That the saidbounty or allowance shall not be paid until atleast six months aster the exportation of suclipickled fish, to be computed from the date ofthe bond, and until the exporter or exportersthereof shall produce to the collector withwhom such outward entry is made, such certificates or other satisfactory proof ofthe landingoi tne same as aioresaiu, as is maae necessaryfor cancelling the bonds given on the expo ta-ti-

of goods entitled to drawback : And, previded also ; That the bounty or allowance asaforesaid, shall not be paid unless the simeshall amount to ten dollars at least upon each"entry.

bee. J. Jlnd be tt Jurther enacted, That nobounty, drawback or allowance shall be madeunder the authority of this act, unless it shallbe proved to the satisfaction of the collectorthat the pickled fish for which the bounty,drawbactor allowance shall be claimed, waswholly cured with foreign salt, and oii whicha duty shall have been secured or paid.

Sec. 4t And be tt further enacted, That isanpickled fish shall be falsely or fraudulently en-tered with intent to obtain the bounty or

on their exportation as here provided,when the said fish are not entitled to thesame,the said fish or the value thereof, to be reco-vered of the person making such false entry,shall be forfeited

Sec 5 And be it further enacted, That fromand aster the last day of December, one thotir-an-d

eight hundied and fourteen, there shall bepaid on the last day of December, annualljyto the owner of every vessel or his agent, bythe collector of the district where such vesselmay belong, that shall be qualified agreeablyto law for carrying on the bank and other codfisheries, and that shallactually have been em-ployed therein at sea for the term of sourmonths at the leastot the fishing season nextpreceding, which season is accounted to hefrom the last day of February to the last dayof November in every ye. x, for each and every-to-n

of such vessel's burthen according to heradmeasurement as licensed or enrolled, f oftwenty tons and not exceeding thirty tonsytwo dollars and forty cents, and is abovethirty tons sour dollars; of which allow-ance aforesaid three eighth parts shall accrue and belong to the owner ol such jishinpvessel, and the other s thereof shallbe div.ded by him, his agent, or lawful repre-sentative to and among the several fishermen,who shall have been employed in such vesselduring the season aforesaid, or a part thereofas the case may be, in such proportions as thafish they shall respectively have taken maybear to the whole quantity offish taken onboard such vessel during such season . Proit'ded, That the allowance afi resaid on anyonevesid f r one season, shall not exceed trohundred a,nd seyt nty-t- n o dolUy;