Western Sun, Volume 3, Number 23, Vincennes, Knox County, 2 June 1810 — Page 2

tut place, 8c when in the opi.iion of the fatf the fame with'the owner thereof then upon prefident and dire ttors either of the faid application by the faid Prt fident and Di-

Jn the d.ftr.a of Columbia" which oathi or affirmations fo fubferibed and certified by the ju.iicr in whofe nrefence they lh-11 be feverally taken and fubferibed, (hall be filed in the office of the clerk of the faid circuit, and enrolled among the land records of the county of Wa.hiogton. And the faid commitfbners or any two of them be-in-nullified at aforef.id, (hall upon the requert of the frid prefident and direftors caufe to be furveyed, laid out, ascertained, flrfcribed and marked, by certain metes and

bounds, each of the aforefaid turnpike roads defcribed in the fir ft fcclion of this aft, not lefs than 66 feet in breadth, in fuch reutes, traces or courfes for the fame refpedYively as in the beft of their judgment will com bine fliortnefs of diftance with the mod convenient ground, Sc the-fmallcft expence of money ; and for this purpofe it (hall be lawful for them and fuch agents, afliftants, fervants or attendants they may think pro per to employ, to enter upon any of the lands through or near which the faid roads or cither of them may be laid out ; having firft given twenty days public notice, in fome newfpaper printed in the city of Warning, ton, of the time and place of theif entering on the faid bufinefs of furveying and laying out each road refpecYively. And if any proprietor of any part of the lands thro' which either of the faid roads may be laid

out, (hill require compenfation for fo much

of his or her fid lands as maybe occupied by the faid toads or either of them, or (hall

claim damages for or on accout of the op

ening or laying out the faid roads or either

of them, through his or her land, and if

the faid prefi ient and directors cannot agree

vrith fuch pr-pri'-tor refpec"ling the fame, then the f.iid commiflioners at the requeft

- - - I I . . . . - r

of either oartv. (hill aooiint a day & place and an half cents : for every ftage and the purpoles atorelaid. And the laid pre!

r - . ' ,i , . . . . f l i it ... . n tf .

to hear and decide upon fuch claim, and waggon, and two horlcs, thirty cents; lor ucni directors ana company man pay inr th. ammint nf rnmnenfation and damages either carriage lalt mentioned with four Cud marflial five dollars for his fervice in

whirh f.irh nrnnrietor lhall be entitled to hoifes forty cents : for every led or driven furnmoning and impannelling the faid jury

- . r J r J - J: r - I ,,... - ..-. . I . ft rnfo Pr vnr fiill,'. I and taL-inrr and rr i.rninrr tVi fnifl irnnrft

receive from tnc iaia preiiueni, uircv.iu.ai nunc ui mun, . , i .-.-. ...-j...

and company therefor, firfl giving twenty chair, chaife or carriage of plealure, with and two dollars to each oi the jurors io

days notice to the adverfe party, his or her I two wheels and one boric, twenty cents ; lworn.

. m m I ' 1.1. I- 1 I

agent or attorney in latt, or other legal re- tor every coacn, cnarnot, coatnee, pnxion, q. A . ,,,- m-.J

. - . n it i t-l-i:r :. r ..-. i- . .., i r,. I y m -; "tvi.w)

prelenUtiv, it eitner ma i oe wunin tne or i..iur w.w, our .c, ...u tor the purpofe of afcertaning the weight, diArifl of Columbia ; and if the party fo thirty feven and an half cents ; for ai.y ot that i. ,awn Q, th(f p.SJ J in

nntA OiJI f.il tr attend, or if the nirtv the faid carriages laft mentioned with four .. 5 . rL

tV M III -w - J J

tnentts

diftria

the

to hear and decide the f.me ; and the award

of them or any two of them, made hi wri

ting, finned by them or any two of them, I t y fled or flrigh ufed as a carriage of bur-

flull by them oe returned to the othce of I den, eight cents lor every horlc drawing tht

tlv-clrk of the faid court, for the countv I f,me ; for every cart or waggon whofe

of Walhington, within ten d-ys ifter furh I wheel does not exreed 4 inches m breadth,

thereof 111 vll. within I twelve and an half cents for each horle

v - vj 1 .

ten dys after futh return, be frrved upo 1 drawing the fme ; for every cart or wg-

fuch of the puties as are reli lent m the I cjon whole wheels (hall exceed m hreadth

diflricl of C'lu:Ti )ia; and if iui h award be I fur inehes, and notextetd IVven inches,

Hot lit the f lli -it 1 nf the fud circuit court! fix cents for every horle drawing the f.nn ;

the faid roads and to fuhfiitute other regu lations if upon experiment fuch alteatiotl

(hall be found conducive to the public good It -.11 M-i - . .

in the county of Welli ngton, nrxt aftn

fuch return of tie fid awa-d to the clerk's

oflifr. hr frt afi ir on accou it of tnud or

partiihty in tli faid commilRiiners the fame

flnll be fiml and condufive between the parties, and Oiall be recorded by the fid clerk ; and the fum fo awarded being paid

to the fudcl-rk for the ufe of the perfon

entitled to receive the fame, the faid land

roarle Oiill h rnmnUtJ U .vtnr nf rftnrt nr ailV Derfoil ailthorifed l)V them,

twnrv f,,ir r-.f n hrrM, tli. f,. tn anu one oi the lucres ol t he laid Circuit rwu ..av Ui rciiuian-

be examined by the faid commiflioners, or court, he may if he fee c-ufe, by warrant I ons (hall not lellcH the burthens ol carnage

any two of them, and if in the opinion of under his hand and leal, command the mar- aoovc u.i.u.u. them, or any two of them, the faid road (hal of the faid difiria to fummon a jury of Sec. 10. Anibe it further anactcdTht fhould have been completed to the extent of thirteen difinterefied perfons, quehficd to the prtfident and directors of the faid com-

at Ieaft twenty four ieet in breadth, accor. icrve as petit jurors in tne uiu circuit court pany Uiau Keep or cauie io uc Kepi, iair ana, ding to the meaning of this aft they (hall to meet at the place wheie fuch materials juft accounts ot all monies to be received by

certify the fame to the faid circuit court, may be, on.lomc aay, not more mat ten them lroia tne iaio commiuioners nrii nere-

and their certificate being accepted by the days alter tne aate 01 men warrant, anu to m named ana irora tne nocKnoiaers or iudfaid court, or any two iudires thereof, and give the other party fivt days notice of the fcribers to the faid fubferiptioni or fliarcs ;

recorded, the laid prelident aRd diretlors laid time ana piacc u iutn pany uc iuuuu ana 01 an monies oy mcm io oc rxpcnucu, (liall and may thereafter ere A and fix fuch within the diftridl of Columbia ; and if any in the profecution of their faid work ; and

and fo many gates and turnpikes, not ex- of the faid jurors (hould tail to attend at ffiall once, at leaft in every year, lubniit ceeding two, upon and acrofs each of the the faid time and place, the marfhal may fuch accounts to a general meeting of the faid roads, as (hall be neceiTary and fuffici- immediately fummon talefmen in the place (tockholders until the faid roads (hall

ent to collect the tolls hereinafter granted of thofe that are abient, and (hall admini- completed, and until all the cofts, charges ! . ! 1 I . 1 I I ".- n 1 I

to the laid company ; and it (hall be lawlul Iter an oath to tne iaia jurors ana taieimeii ana expences ot eHetting the lame mall do for them to appoint fuch and fo many toll as the cafe may be, juOly and impartially fully liquidated, paid, and difcharged. Anil gatherers as they (hall deem neccfTary to to value the faid materials and to aflefs the if upon fuch liquidation, or whenever tho colledl and receive of and from every per- damage which the owner thereof fliall fuf- whole capital flock of the faid company fon and perfons ufing the faid road or roads, tain by the taking thereof by the faid pref- fhall be nearly expended, it fliall be found S O 1 m 1 . ! -. m -r

the tolls and rates hereinafter mentioned, ident, directors and company ot the Uium that the laid capital (lock will notbelum-

and to flop any perfon or perfons, riding, bia turnpike roads ; which valuation arc cient to complete the faid roads, according

leading or driving any horfes, mules, cattle, afleflment of damages made by the laid jur- to the true intent and meaning of this act.

hogs, Iheep, fulky, chair, chaife, phaston, ors or a majority of them, (hall be figned it fliall and may be lawful for the faid flockchariot, coach, cart, waggon, fleigh, fled, by the faid marfhal and the jurors, or fo holders, being convened according to the or any carriage of burden or plea(ure, from many of them as fliall agree thereto, and be provifions of this-ad, or their by laws and

palling through the faid gates, until the returned by the marmal to tne laid cierK 01 rules, to mcreaie tne amount to he paid ort faid tolls fliall be paid, that is to fay: the faid court for the county of Wafhington the fliares from time to time to fuch extent

For the whole diflance in length ot thr to be by him recorded and lhall be eoncin as mail be necellary to accomphlh thrworic whole of the faid roads, and fo in propor- five between the parties ; and a copy thereof and to demand and receive the increafeara- . .- n 1 1 1 1 1 i i

tion as near as may be. tor any lets diltance uiau oe aeiivcrea to eacn 01 tne parties, mount 10 to oe required on lurn charges, in

within the diflril of Columbia, viz. for who may be refident in the diflrit, and the like manner and under the like penalties at every fcore of Cheep, twenty cents; for furn fo awarded and aflefled being paid to are herein before provided for the original . . M t " T t i r- .a

every lcore ot hogs, twenty cents ; tor ev- tne laid ciei k ot the laid c o.urt, tor tne uie payments, or as mail be provided by their - . . 1 I r . t ,i-.i?T rl "

ery lcore 01 cattle, torty cents, ana 10 in oi tne party entmea thereto, tne iaia rrei ny-iaws.

proportion for any greater or lets number ; idenrand directors may proceed to take and , sfC n fad be it further ancctcd. That for every horfe or mule with a rider, twelve carry away the faid materials fo valued for tjlc f,d prefident and directors (hall alfo

keep, or caufe to be kept, jufl and true accounts of all monies to be received by their feveral collectors of tolls at the turnpike gates on the faid roads; and fliall mAe and declare a half-yearly dividend of the clear profi s and income thereof all contingent coQs and charges being fiifi deuuded, among all the holders of faid flock, and fliall publifb the half yearly dividend aforefaid in fome Newfpaper printed in the diftrift of Columbia, and at the. time and place when and wher tht fame will be paid, and fliall caufe the fame to be paid accordingly. Sec. 12. And be.it farther enacted That it fliall be the duty of the fdid corporation to keep the faid roads, as they are refprfttively competed, in good repair; and if in negledl of thrir faid duty, the faid corporation fliall at any time fuffer the faid roads to be out ot repair, fo ai to be nre-

fented for fuch neglcft, before any Court of competent jurifdiclion, and, upon conviction thereof to pay to the U. S. a penalty not exceeding 100 dollars, at the difcretion of the Court; and fliall a!fo be refponfible for all damages which may be iuflainrd by any perfon or perfons, in cenfequence of r 1 r .

men want ri repair, to be re

iiiv -.art watrnnn. nr inv rarrurrf ni niirriifn

.. . . - 1 , 1 1 cr , 1 ..-... ..f k .. . -.-. 1 ' 00 ' o

ill be a 1 int .nt under agr, nan compos ..ones, .my ten 5 , iar c.cl u.t. w-...- it flaH an(J m bc hwfu, for thc fai(J f

feme caveat, or aoieiu out 01 tne 01 pieaiure, unuer w ua.cvcr u-w.c ,u y ld managers and comnanv to ereft a

t f Col.imMa. Sc have no k'.wn gent go, the like turns according to the number ft .MilK rra. tt ' nr nmur r.

1 --.. .... klK-.l-.4 I-.ln . ar 1. a r I T n r--r'fl I rt orr.rB.l J

other leai rrprei native u.crr.,,, uicn ui v...cc -uu Uu..r. ... rPu..u .u.w and fo many of the eates erccled, or to

r I iTl -....... .--A. . .. 1 I t.'.. .iitari. .It... lli.rh nl-fl e r-ir I .. '

laiu coininimoueis my uiuuccu cpiir taiu , - -. y u w w. .6.. v... 1 : nilPrlt-nr. tu'te. ,a oc

. f f 1 11 1 C -- uuimuaiiv- r . kill awh, n rugc of plralW . tw.lvr ,nd n half cents ma m for every horfc draw.ng the fame, for e-e- rea-onabu e.nfc f f ft h

tor evt rv cart or watryron. thr breadth ot

4 u u

whofe wheels fliall be more that feven in

1 t 1 e-

ches ana not more than ten inches, live

cents for every horfe drawing the fmie ;

for evrry c-rt or wajjoii, the breadth of

whofe wheels !hU be more thn ten inihes

and not exceeding twelve inches, four cents

for every horfe drawing the fame. And

that all fuch carriagrs as aforehid, to be

they

.y leem

fpel, that any cart,

waggon or other carriage of burthen, carries a greater weight than is or fliall be by law allowable, it (hall be lawful for the toll

gatherers, or other perfons in their fervice or employment, to prevent the fame from palling futh gate or turnpike until fuch rart, w-tggon,or carriage of burthen (hall be drawn into the fixed or erected fcales at or ner any fuch gate or turnpike, and the .utrHr n r li r r K rl -. r -.. -. n C .-

'ii' m 11 uianii ii.iiin dicv.IV. -Ill I iirh wtit rt t-, - 1. i .

, . ... ..... - iu ur retovcrra in an

ec, y weighing ; and il the perlon or per;j aaion of trefpafs on the c-fe in any Court

. uoinpc.eiu to try tne lme. It oiidcd, at-

jnrntionrd and defcribrd in the faid award,! drawn by oxen in the whole, or partly hy

fliall and may be t.ken and occupied as a oxen, or to be drawn by mul'sin the wholeturnpike road, ind purdic highway forevrr. or part, two oxen tirall he eltimated as e-

And the fid commMu 111-rs upon complet- qual to one horfe 111 charging ail the atore

ing the fid furvey of the faid roads, or ci- I Uid tolls, and evry mule $ equal to one ther of them, 1!1 return a plat and ceiti I horfe. And it fliall he the uuiy ot thc

ficate of fu.h furvry to the f.iid lerk, and faid comrniffianers after hearing parties thr fune beijig accepted by the faid court, to decide and award what proportion of the Hull be recorded by thr f.id clerk, und cofl already incurred of mi -king the caufe thereupon the road f hid out flull be t. way from Al-xanJer's ifl.nd to the main

ken, ufrd indoccupi-d as a turnpike road I luvd, and of the road from the fid caufe

and public highway forever ; and the Uid w ay to the weft end of the W ifliington

ondge, fliall be p.id hy the prefident, di rectors and comp .ny ot th- Coluniilia turn pike roads, to the prrfident ard directors of the Wafhington and Alexandria turnpike company, and alTo, in what proportion thr former comply flull contrirute and p-y

iim.iu. me iiMUTc repairs and improve menu of tlie LiJ caufe way and rouis ; and the award of the f.id eomm.lfioner, or .ny two of th-m fo made, Oiall br returned to the office of the cWk of the fud court r r it? .1

ior the county 01 alhington, and bemt crrptrd by the faid court and recorded, dull be Glial and condufive.

prefident. direftors and company may th-re

up-m procred to enter upon the. imr, and

.flull caufe at Irsl 21 feet in breadth.

throughout the whole l-ngtli thereof to br j:i4dc an rt:fr ial ro-td. of floue, gravel or

ther hari lu'.'.t vice ot wu irnt G'-pth or

thifknef. t - Ircurr a f ,ui and firm ro-d.

with the iurface a? I nn nli as the m.trri-!4

will adniit, ?nd fo neaily level, that it

. r C C I I 1

no cue rar or 1 - 1 1 u.orr nun an

, w-Rgo.. or o.u.r carnige ol tuayt, and it is further unacted. Tl.at whrnburthrn fl..l rrfuic to dr.ve the f.me into eVfr tl)c nrU proc.rd. of to)Ij C(JI any I urn f,.!rS fr tl.e ortUxi, Cid roads lhall amount to a fun. fufficient he p.. fon or perfon, rrf ,,g diall for- j rtimbrfe the capital wM,!, flull he expend. ft andp.y to the fa.d urej.d.nt. N ana- I fd in the purchalV oi Tuch Und and mkwt jers, and Company any fim not lefs than 5 . (AA rn,A,. an , 7 . ,. S

d' ll irs nor more than 8 d(d!ars to be reco

vered in the manner hrrein after mentioned. Sec. 9. And be it furth-r enacted That no waggon or other carriage with 4 wheels, the breadih of whofe wheels fliall not be 4

inches, (hall be drawn along the faid roads ' Udv

ith greater weicr In therein than 3 tons

.- .1-

1,1,111 uiereon, to oe airritainrd i v tl

Circuit Court of the U. S in and tor thdiftriet of Columbia, th- fanir Hull become free roads, and tolls lh.,11 he i o ionorr coli .. 1 1 ,j . i t . i

ic-icu inerron; anu l-.nl criD,,.v fh.lt -,

mai.c returns to fid Cir. ui: Court

the amount nf fd ,.!! -,.n n j i

lufnnf,1rhrJm1,,.,l'n,.vl,l,f.,f.l , . " 3 ""lrClra. 1.0 fOf

tin, V 1 . ",ta" ut their nerliary expen rs fo as to rraMr f iJ wheels flull not he 7 inches, or being 6 in- Circuit Pn-irt A.r r v, n it 11 i a , 1 l',rcuu l-oirt to dctcrn-.ine when fad tolls ches or more fliall roll at leal, 10 inches, ; fliall ccafe. 0 5 flull be drawn along the faid roads with more than 5 tons ; that no fuch carriage, .f 1 3! c fllrher enacted That i-. i -,ii . c .. i ..r .. t i i ii i . il anv cerion or orrfr.nc -. a., :.. i

-ur wiriuui ui winur wurris not Df IU ' ' '. . i luiiiji in or orlViry

'adir riding,

eep, hogs, or any

anh

of four decrees 'xith a horizr,nt-l line, and

tii- f.id ro-id flull hereafter he krpt in iooc!

ar-d i -rfrtl rrpair ; and wheref.rvrr upon

tl i -id rmds any bridge hA bc drrmrc

and f

T"'v. rhr fme (hll be hmlt rf ftjund

ifrahl- mteri.U. And in cafe either

of th.r faid commifli oners ftiould die, or re-fuf-to art, or Ij'Cnmr incapacitated or Inuld hr r novrfi bv thrconrt for mifcon dud the fiii court may appoint mother in

Src. 7. Amite it further erected. That in all cafrs where Anne, gravel earth or i.nd flnll be necefTary for making or fp-minc either of the fid row, and thr fid p-rfi d-nt. Dirrflors and ("ompir.v 'of the Co lumbu Turnpike Iloia! cannot arcc for

inrhes or niorr, or bring Icfs hal not roll at Iraft 12 inch-s fliall he drawn along the faid roads with more than 8 tons ; that no rart or other carriage with 2 wherls the f .m brradth of wheels as the waggons a. ttrrUid fliall be drawn along the faid ro?d with more than half the burden or weight it o'efaid. And if any cart waggon, rrCar r'M-e c.f burden whatfuever fliall be drawn -long the faij roads, with a greater weight t?an is hereby allowed the owner or owners nf fix h carriage if the exref of burden frail b 30 weight or..p.ards, fl,.J forfeit and pay 4 times the cu.Umarv toils, for the ufe nt the Comru.y. Prcv ,ded a!zvjy x . That it flnll and mayheUv.folforthef-id Com-

by tf nr bv

any carriage ol any kind, or 1

or driving A hor!

kind of cattle what

fli

sever on 4id m.A. n.n

pafs through any p.ivate rate, bars or fence

or over any private w,y or paff-.gr or nafs through any tod-gate under any petended

privilege or exemption to whirl

n nr

le or

torvmi'r-il-. i i

...., .. u. cnuTira, or Co -nv a or thing . . ,th .ntrnt to IrfTrn or cade tl.r ,o, for paihng through the l;.trs elhl.hfl.-d unoer th..,a; fu,h pf,r nr p.rf( fof every fuch ofiVnct. Oi.ll frfr to the f.,J prefident and diflors not ,ff. . more than 10 dolh,,, t0 be rfrored br. , lore any jodire of the pe.ee. with cofl,, m the lame manner that f-nall dents are recoverable. Vrorided. That i. n ,11 nr h

the regulation, herein contained, refpeftinj ,awtul for the company to afk. demand, or the lu;:..:..i or cauiacj to bc drawn oyer rrceive from or for perfons living on or ad.

P"v

-ws to alter anv or all

I jawcuito the laid rcids, who nuv hir oc-