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first giving twenty days notice to the adverse party, his or her agent or attorney in fact, or other legal representative, if either shall be within the district of Columbia; and if the party so notified shall fail to attend, or if the party shall be an infant under age, non compos mentis, feme coverte, or absent out of the district of Columbia, and have no known agent or other legal representative therein, then the said commissioners 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, shall by them be returned to the office of the clerk of the said court for the county of Washington, within ten days after such hearing, and a copy thereof shall, within ten days after such return, be served upon such of the parties as are resident in the district of Columbia; and if such award be not at the session of the said circuit court, in the county of Washington, next after such return of the said award to the clerk's office, be set aside on account of fraud or partiality in the said commissioners, the same shall be final and conclusive between the 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 person entitled to receive the same, the said land mentioned and described in the said award shall and may be taken and occupied as a turnpike road, and public highway forever. And the said commissioners, upon completing the said survey of the said roads, or either of them, shall return a plat and certificate of such survey to the said clerk, and the same being accepted by the

and quality of the roads.

said court, shall be recorded by the said clerk, and thereupon the road so laid out shall be taken, used and occupied as a turnpike road and public highway forever; and Dimensions the said president, directors and company may thereupon proceed to enter upon the same, and shall cause at least twenty-four feet in breadth, throughout the whole length thereof, to be made an artificial road, of stone, gravel or other hard substance of sufficient depth or thickness to secure a solid and firm road, with a surface as smooth as the materials will admit, and so nearly level, that it shall in no case rise or fall more than an angle of four degrees with a horizontal line, and the said road shall hereafter be kept in good and perfect repair; and wheresoever upon the said roads any bridge sha be deemed necessary, the same shall be built of sound and suitable materials. And in case either of the said commissioners should die, or refuse to act, or become in.. capacitated, or should be removed by the court for misconduct, the said court may appoint another in his place; and when in the opinion of the said president and directors either 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 road should have been completed to the extent of at least twentyfour 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 thereof, and recorded, the said president and directors shall and may thereafter erect and fix such and so many gates and turnpikes, not exceeding two upon and across each of the (said roads, as shall be necessary and sufficient 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 deem necessary to collect and receive of and from all and every person and persons using the said road or roads, the tolls and rates hereinafter mentioned, and to stop any person or persons, riding, leading or driving any horses, mules, cattle, hogs, sheep, sulky, chair, chaise, phaeton, chariot, coach, cart, waggon, sleigh, sled, or any carriage of burden or pleasure from passing through the said gates, until the said tolls shall be paid, that is to say: For Rates of tolls. the whole distance in length of the whole of the said roads, and so in proportion as near as may be, for any less distance within the district of Columbia, viz: for every score of sheep, twenty cents; for every score of hogs, twenty cents; for every score of cattle, forty cents, and so in proportion for any greater or less number; for every horse or mule with a rider, twelve and an half cents, for 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 of pleasure with two wheels and one horse, twenty cents; for every coach, chariot, coachee, phaeton, or chaise with four wheels and two horses,

thirty-seven and an half cents; for any of the said carriages last mentioned with four horses, fifty cents; for every other carriage of pleasure, under whatever name it may go, the like sums according to the number of wheels and horses in proportion aforesaid; for every sled or sleigh used as a carriage of pleasure, twelve and an 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 same; for every cart or waggon whose wheels do not exceed four inches in breadth, twelve and an half cents for each horse drawing the same; for every cart or waggon whose wheels shall exceed in breadth four inches and not exceed seven inches, six cents for every horse drawing the same; for every cart or waggon, the breadth of whose wheels shall be more than seven inches and not more than ten inches, five cents for every horse drawing the same; for every cart or waggon, the breadth of whose wheels shall be more than ten inches and not exceed twelve inches, four cents for every horse drawing the same. And that all such carriages as aforesaid, to be drawn by oxen in the whole, or partly by oxen, or to be drawn by mules in whole or part, two oxen shall be estimated as equal to one horse in charging all the aforesaid tolls, and Commission every mule as equal to one horse. And it ers to decide shall be also the duty of the said commiswhat is to be sioners after hearing all parties to decide Washington and award what proportion of the cost aland Alexan- ready incurred of making the causeway from dria turnpike Alexander's island to the main land, and of the road from the said causeway to the west

paid to the

company.

end of the Washington bridge, shall be paid by the President, directors and company of the Columbia turnpike roads, to the President and directors of the Washington and Alexandria turnpike company, and also, in what proportion the former company shall contribute and pay towards the future repairs and improvements of the said causeway and road; 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 it further enacted, That in all cases where stone, gravel, earth or sand shall be necessary for making or repairing either of the said roads, and the said President, directors and company of the Columbia turnpike roads, cannot agree for the same with the owner thereof, then upon application by the said President and directors, or any person authorised by them, to any one of the judges of the said circuit court, he may if he see cause, by warrant under his hand and seal, 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 days after the date of such warrant, and to give the other party five days notice of the said 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

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In case of disagreement as of materials, the marshal to summon a jury for determining it.

to the value

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