Proviso.

Regulations by the president and di

to be made

rectors.

Mile stones.

one and a half 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 every mule as equal to one horse: Provided. That no turnpike gate shall be erected within one mile of the line of the town of Alexandria.

Sec. 9. And be it further enacted, That it shall be lawful for the said president and directors, by their bye laws, to make any rule or regulation respecting the burdens on carriages to be drawn over the said road, which shall be deemed reasonable and pro. per, and from time to time to alter the same; and the said president and directors shall cause mile stones to be placed on the side of said road, noting the distance from the north bounds of Alexandria, and at every gate or turnpike, shall cause the distance from the north bounds of Alexandria, and the distance from the west end of Mason's cause. way, to be marked in legible characters on some conspicuous part of said gate; and shall cause, also, to be affixed at such places, a printed list of the tolls, which may be demanded of those using the said road; and for every day the same shall be neglected, they shall forfeit and pay one dollar, to be recovered by warrant, by any person who shall sue for the same: all waggoners and drivers of all kinds, whether of burden or pleasure, using the said road, shall, except when passing by another carriage of slower draft going in the same direction, keep their horses and carriage on the right hand side of

the said road, leaving the other side of the road clear and free for other carriages to pass and repass; and if any driver shall offend a. gainst this provision, he shall forfeit and pay two dollars to any person obstructed in his passage, who shall sue for the same, to be recovered, with costs, before any justice of the peace, in the same manner as small debts are recoverable; and moreover, shall be liable to the party injured, by suit at common law, for any special damage done.

President & directors to

cause ac

counts to be

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, and from kept, &c. &c. the stockholders, or subscribers to the said undertaking, on account of their several sub. scriptions 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 meet ing 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 road, according to the true intent and meaning of this act, it shall and may be lawful for the said stock- May increase holders to be convened according to the provisions of this act, or their own bye laws and rules, to increase the number of shares to such extent as shall be necessary to accomplish the work, and to demand and receive the

the stock.

Dividends, how to be

made and accounted for.

Road to be

monies subscribed for such shares, in like manner and under the like penalties, as are herein before provided for the original sub. scriptions, 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 the monies to be received by their several collectors of tolls at the turnpike gates on the said road, 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,

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.

Sec. 12. And be it further enacted, That it shall be the duty of the said corporation kept in repair to keep the said road in good repair; and if in neglect of their said duty, the said corporation shall at any time suffer the said road to be out of repair, so as to be unsafe or incon venient for passengers, the said corporation 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

Penalty.

Proviso.

road shall

be it further enacted, That whenever the nett proceeds of tolls collected on said road When the shall amount to a sum sufficient to reim- become a burse the capital, which shall be expended free one. in the purchase of said land and making said road, 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, in the county of Alexandria, the same shall become a free road, and toll shall be no longer collected thereon; and said company shall annually make returns to said circuit court of the amount of tolls collected, and of their necessary expenses, so as to enable said circuit court to determine when said toll shall

cease.

payment of

SEC. 13. And be it further enacted, That Penalty for if any person or persons, riding in, or driv- evading the ing any carriage of any kind, or leading, rid- tolls. ing 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 under this act, such person or persons, for every such offence, shall forfeit to the said president and directors, not less than three, nor more than ten dollars, to be recovered before any justice of the peace, with costs, in the same manner that small debts are recoverable: Provided, That it Proviso shail not be lawful for the company to ask, demand or receive from or for persons liv

0

ing on or adjacent to the said road, who may have occasion to pass by said road up. on the ordinary business relating to their farms, so far as the limits of the same may extend on the road, who shall not have any other convenient road or way by which they may pass from one part to another part thereof, any toll for passing on or by the said turnpike.

J. B. VARNUM,

Speaker of the House of Representatives.

JN. MILLEDGE,

President of the Senate, pro tempore,

March 3, 1809.

APPROVED,

TH: JEFFERSON.

CHAPTER XCIX.

AN ACT for the relief of Jacob Barnitz.

BE it enacted by the Senate and House

of Representatives of the United States of America, in Congress assembled, That there be allowed to Jacob Barnitz, formerly an ensign in captain Christian Stoke's company, in colonel Swope's battalion of the Pennsylvania flying camp, the sum of one thousand dollars, on account of sufferings, and expenses in procuring medical and surgical aid, incurred by wounds received in the revolutionary war with Great Britain, and that the same be paid to him out of an