Compensation to the marshal and ju

rors.

erected for ascertaining burdens pas sing over the there is any doubt in the

those who are absent, and shall administer an oath to the said jurors and 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, directors and company of the Columbia turnpike roads; 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 by the marshal to the said clerk of the said court for the county of Washington, 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 district, and the sum so awarded and 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 materials so valued for the purposes aforesaid. And the said President, directors and company, shall pay the said marshal five dollars for his service in summoning and impannelling the said jury, and taking and returning the said inquest, and two dollars to each of the jurors so sworn.

Sec. 8. And be it further enacted, That Scales to be for the purpose of ascertaining the weight, that may be drawn along the said road, in any cart, waggon, or other carriage of burthen, it shall and may be lawful, for the said president, managers and company to erect and establish scales and weights at or near such and so many of the gates erected, or to be erected in pursuance of this act, as they.

roads when

case.

may think proper; and where there may seem reasonable cause to suspect, that any cart, waggon or other carriage of burthen, carries a greater weight than is or shall be by law allowable, it shall be lawful for the toll gatherers, or other persons in their service or employment, to prevent the same from passing such gate or turnpike, until such cart, waggon or carriage of burthen, shall be drawn into the fixed or erected scales at or near any such gate or turnpike, and the weight or burthen drawn therein ascertained by weighing; and if the person or persons driving, or having care or charge of any such cart, waggon or other carriage of burthen, shall refuse to drive the same into any such scales for the purpose aforesaid, the person or persons so refusing shall forfeit and pay to the said president, managers and company, any sum not less than five dollars, nor more than eight dollars, to be recovered in the manner herein after mentioned.

Sec. 9. And be it further enacted, That Restrictions. no waggon or other carriage with four wheels, the breadth of whose wheels shall not be four inches, shall be drawn along the said road with a greater weight thereon than three tons; that no such carriage, the breadth of whose wheels shall not be seven inches, ar being six inches or more shall roll at least ten inches, shall be drawn along the said roads with more than five tons; that no such carriage, the breadth of whose wheels shall not be ten inches or more, or being less shall not roll at least twelve inches, shall be drawn along the said road, with more than eight tons; that no cart or other carriage with two wheels, the same breadth of wheels, as the

Proviso.

Proviso.

waggons aforesaid, shall be drawn along the said road with more than half the burthen or weight aforesaid; and if any cart, waggon or carriage of burthen whatsoever, shall be drawn along the said road, with a greater weight than is hereby allowed, the owner or owners of such carriage, if the excess of burthen shall be three hundred weight or upwards, shall forfeit and pay four times the customary tolls for the use of the company: Provided always, That it shall and may be lawful for the said company by their bye laws, to alter any or all the regulations herein contained respecting the burthens or carriages to be drawn over the said road, and to substitute other regulations, if upon experiment such alterations shall be found conducive to the public good: Provided nevertheless, That such regulations shall not lessen the burthens of carriages above described.

Sec. 10. And be it further enacted, That the president and directors of the said 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 named, and from the stockholders or subscribers to the said undertaking, on account of their several subscriptions or shares, and of all monies by them to be expended, in the prosecution of their said work, and shall once, at least, in every year submit such accounts to a general meeting of the stockholders, until the said road shall be completed, and until all the costs, charges and expenses of effecting the same shall be fully liquidated, paid and discharged; and if upon such liquidation, or whenever the whole capital stock of the said company shall be

nearly expended, it shall be found that the said capital stock will not be sufficient to complete the said roads, according to the true intent and meaning of this act, it shall and may be lawful for the said stockholders, being convened according to the provisions of this act, or their bye laws and rules, to increase the amount to be paid on the shares from time to time to such extent as shall be necessary to accomplish the work, and to demand and receive 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 laws.

Sec. 11. And be it further enacted, That the said president and directors shall also keep, or cause to be kept, just and true accounts of all monies to be received by their several collectors of tolls at the turnpike gates on the said roads, and shall make and declare a half yearly dividend of the clear profits and income thereof, all contingent costs and charges being first deducted, among all the holders of said stock, and shall publish the half yearly dividend aforesaid in some newspaper printed in the district of Columbia, and at the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.

Dividends, made and ac, counted for.

how to be

Sec. 12. And be it further enacted, That Roads to be it shall be the duty of the said corporation, kept in reto keep the said roads, as they are respec- par. tively completed, in good repair; and if in neglect of their said duty, the said corporation shall at any time suffer the said roads to be out of repair, so as to be unsafe or inconvenient for passengers, the said corporation.

Penalty.

Proviso.

When the

roads shall

shall be liable to be presented for such neglect, before any court of competent jurisdic. tion, and upon conviction thereof, to pay to the United States, a penalty not exceeding one hundred dollars, at the discretion of the court, and shall also be responsible for all damages which may be sustained by any person or persons in consequence of such want of repair, to be recovered in an action of trespass on the case in any court competent to try the same: Provided always, and it is further enacted, That whenever the nett proceeds of tolls collected on said roads shall become free. amount to a sum sufficient to reimburse the capital which shall be expended in the purchase of such land and making said roads, and twelve per cent. interest per annum thereon, to be ascertained by the circuit court of the United States, in and for the district of Columbia, the same shall become free roads, and tolls shall be no longer collected thereon; and said company shall annually make returns 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

Penalty for evading pay

cease.

if

Sec. 13. And be it further enacted, That any person or persons, riding in or driving ment of tolls any carriage of any kind, or leading, riding, or driving any horses, sheep, hogs, or any kind of cattle whatever, on said road, shall pass through any private gate, bars or fence, or over any private way or passage, or pass through any toll gate under any pretended privilege or exemption, to which he or 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 gates established un