United States Statutes at Large/Volume 2/11th Congress/2nd Session/Chapter 27
Chap. XXVII.—An Act to amend an act, entituled “An act for the establishment of a Turnpike Company in the County of Alexandria, in the District of Columbia.”
Act of March 3, 1809, ch. 31.
Mode of obtaining stone or gravel where it is necessary.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful to and for the president and directors of the Washington and Alexandria turnpike company, in all cases where stone, gravel, earth or sand, may be necessary for making or repairing the Washington and Alexandria turnpike road, and the president and directors of the Washington and Alexandria turnpike company cannot agree for the same with the owners thereof, it shall and may be lawful for any one of the judges of the circuit court of the district of Columbia, upon application by the said president and directors, or any person authorized by them, by warrant under his hand and seal, to command the marshal 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 materials may be, on some day not more than ten after the date of such warrant, and to give the other party five days’ notice of the time and place, if such party be found within the district of Columbia, and if any of the said jurors should fail to attend at the said time and place, the marshal may immediately summon talesmen in the place of those who are absent, and shall administer an oath to the said jurors or 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 and directors, which valuation and assessment of damages 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 to the clerk of the said court for the county of Alexandria, to be by him recorded, and shall be conclusive between the parties; and a copy thereof shall be delivered to each of the parties who may be resident in the said district of Columbia, and the sum so awarded and assessed being paid to the 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 materials so valued for the purposes aforesaid, and the said president and directors shall pay the said marshal five dollars for his service in summoning and impannelling the said jury, and taking and returning said inquest, and two dollars to each of the said jurors so sworn.
Toll gate may be removed.Sec. 2. And be it further enacted, That the president and directors aforesaid, may remove their toll gate from the bridge that is made across Four mile creek, and place the same, and collect the tolls of their said road and bridge, on any part of the said road: Provided,Proviso. that the said toll gate shall not be placed any nearer to the town of Alexandria, than where it now stands, nor more than half a mile from where it now is.
Mode of obtaining the ground for a new toll house, &c. &c.Sec. 3. And be it further enacted, That it shall and may be lawful for the president and directors of the said company, or a majority of them, to agree with the owners of any ground, to be occupied by the necessary toll houses and gates, for the right thereof, or in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the district, then the same shall be condemned, and paid for in the same manner, and subject to the same conditions as is provided by the act to which this is a supplement, for condemning the lands through which the road was to be conducted: Provided, the quantity of land so condemned, does not exceed half an acre.
Corporation authorized to increase the number of shares.Sec. 4. And be it further enacted, That to enable the said company immediately to complete and render sufficient the said road, according to the true intent and meaning of the said recited act, it shall and may be lawful for the stockholders of the said company, at any general meeting at which a majority of them in person, or by proxy, shall be present, to increase the number of shares, to such extent as shall be necessary to accomplish the work, on the road aforesaid, as now laid out, and to demand and receive the money subscribed for such shares in the like manner, and under the like penalties, as therein provided, for the original subscriptions.
Approved, April 25, 1810.