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always, That no street, lane, or alley, shatt be laid out, opened or extended, until the damages assessed to individuals in consequence thereof shall have been paid, or secured to be paid: And provided also, That nothing in this act contained shall be so construed or understood as to authorise the corporation of Georgetown to locate, lay out, or open any street, lane, alley or other way, through any of the squares or lots situat ed in that part of Thomas Beall's second addition to Georgetown, which lies north of Back street, without the consent and permission of the owner or proprietor of such square or lot, first had and obtained in writing, which consent and permission shall be acknowledged in the presence of, and such acknowledgment certified by the mayor of the town aforesaid, or some jus ice of the peace for the county of Washington.

Sec. 5. And be it further enacted, That the recorder of the corporation shall be, and he is hereby declared to be a member of the board of aldermen, to all intents and purposes whatsoever.

J. B. VARNUM,

Speaker of the House of Representatives

JNO: MILLEDGE,

President of the Senate, pro tempore.

March 3, 1809.

APPROVED,

TH: JEFFERSON.

CHAPTER XCVIII.

AN ACT to authorise the making of a turnpike road from Mason's causeway, to Alexandria:

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Commission:

E it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That John Mason, David Wiley, Henry Foxall, John ers to be ap Cox and John W. Bronaugh, be, and they pointed. are hereby appointed and constituted a board of commissioners, a majority of whom to constitute a quorum, with full power to receive and enter in such book or books as they may deem proper, by themselves or by their agents, subscriptions for raising a capital stock of twenty thousand dollars in shares of one hundred dollars each, for the purpose of opening, gravelling and improving a road from the west end of Mason's causeway to Alexandria, in the district of Columbia, the times, places, and manner of receiv ing and entering subscriptions, and the manner of authenticating powers of attorney, or other instruments of writing authorising subscriptions to be made by any person or persons, in the name of any other person or persons, to be ascertained by said board of commissioners, and duly advertised in such gazettes or public prints as they may deem expe. dient: Provided, That the books for receiving and entering subscriptions shall be opened on or before the first day of May next, and that no subscription shall be received unless the sum of ten dollars be first paid into the hands of such agent or other person as said commissioners may authorise to receive it.

Sec. 2. And be it further enacted, That when any number of persons shall have sub. cribed one hundred and fifty shares or more

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Divectors to of the said stock, the said commissioners, or be appointed. a majority of them may, and when the whole number of shares aforesaid shall be subscrib. ed, shall give notice in some newspaper, printed in the district of Columbia, of a time and place to be by them appointed for the subscribers to proceed to organise the said corporation, at which time and place the said Subscribers, by a majority of votes to be de. livered by ballots in person, or by proxy duly authorised, shall elect one president and four directors, to conduct the business of said company for one year, and until other such officers shall be chosen in their place, and may make such rules, orders, and regulations, not inconsistent with the constitution and laws of the U. nited States, as shall be necessary for the well being of the affairs of said company: Provided always, That no stockholder shall, in person or by proxy, have more than ten votes at any election, or in determining any question arising at such meeting, whatever number of shares he or she may hold, and each stockholder, in person or by proxy, shall be entitled to one vote for every share by him or her held under said number; and all persons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal representatives, successors, or assignees, of such subscribers, shall become one body politic and corporate, in deed and in law, by the name and style of the President, Directors and Company of the Georgetown and Alexandria Turnpike Road, and by the said name shall have perpetual succession, and all the privileges incident to a corporation, and shall be capable of taking and holding their said capital stock, and the

increase and profits thereof, and of enlarging the same by new subscriptions, if such enlargement shall be found necessary, to fulfil the intent of this act, and of purchasing, taking, and holding to them and their successors and assigns in fee-simple, or for any lesser estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary or useful to them in the prosecution of their works, and of suing and be. ing sued, of having a common seal, the same breaking and altering at pleasure, and of doing all and every other matter and thing concerning the subject aforesaid, which a corporation or body politic may lawfully do.

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company

Sec. 3. And be it further enacted, That the said company shall meet on the first Meetings of Monday in February, in every year, at such place as shall be fixed by their bye-laws, for the purpose of choosing such officers as afore- Their pow said for the ensuing year, in manner aforesaid, and at such other times as they shall be summoned by the president and directors aforesaid, at which annual or special meetings they shall have full power and authority to do and perform any act by law allowed, and pertaining to the affairs of said company.

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Sec. 4. And be it further enacted, That the president and directors shall procure Printed cr printed certificates for all the shares of said shares, &. stock, and shall deliver one such certificate, &c. signed by the president, to each person for every share by him or her subscribed and held, which certificate shall be transferable, at his or her pleasure in person, or by attorhey, in the presence of the president or treasurer, subject however to all payments due or to grow due thereupon: and the assignee

holding such certificate, having caused the assignment to be entered in a book of the company to be kept for that purpose, shall be a member of said company, and for every cer. tificate by him held, shall be entitled to one share in the capital stock and estate of said company; and if any stockholder, after thirty day's notice in a public paper printed in each of the towns of Alexandria and Georgetown, of the time and place appointed for the payment of any portion or dividend of the sum subscribed in said stock, shall neglect to pay the same for the space of thirty days after the time so appointed, the share or s. ares on which such delinquency has taken place shall be forfeited to the said company. and may be sold by them to any person or persons, willing to purchase, for such price as can be obtained, and in case such share or shares should not, on a sale so to be made. produce a net sum equal to the portion or dividends then remaining to be paid thereon, such deficiency may be recovered of the person or persons, so failing to pay, by warrant from a justice of the peace, if the amount shall not exceed twenty dollars, and if the sum so due shall exceed twenty dollars, the same may be recovered by motion, in the name of the said company, on ten day's notice, in any court of record in the county or district where the debtor may be found; and in all such warrants and motions the certificate of the clerk or recording officer of the said company shall be conclusive evidence of the defendant's being a member of the company, and prima facie evidence of the amount due on the share or shares held by such defendant.

Sec. 5. And be it further enacted, Tha*

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