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Public Acts of Congress.
the third day of March, one thousand eight hun- herein excepted, with any member of Congress, dred and fourteen.
such officer so offending, on conviction thereof Approved, April 20, 1808.
before any court having jurisdiction thereof, shall
be deemed and taken to be guilty of a high misAn Act concerning Public Contracts.
demeanor, and be fined in a sum of three thou
sand dollars. Be it enacted, 8-c., That, from and after the pas- Sec. 5. And be it further enacted, That, from sage of this acı, no member of Congress shall, di- and after the passing of this act, it shall te the rectly or indirectly, himself, or by any other per- duty of the Secretary of the Treasury, Secretary son whatsoever, in trust for him, or for his use or of War, Secretary of the Navy, and the Postmasbenefit, or on his account, undertake, execute, ter General, annually, to lay beiore Congress a hold or enjoy, in the whole or in part, any con- staiement of all the contracts which have been tract or agreement hereafter to be made or entered made in their respective Departments, during the into with any officer of the United States, in their year preceding such repori, exhibiting in such behalf, or with any person authorized to make statement the name of the contractor, ihe article contracts on the part of the United States; and or thing contracted for, the place where the artiif any member of Congress shall, directly or in-cle was to be delivered, or the thing performed, directly, himself, or by any other person whatso- the sum to be paid for its performance or delivery, ever, in trust for him, or for his use or benefit, or the date and duration of the contract. on bis account, enter into, accept of, agree for, Approved, April 21, 180S. undertake, or execute any such contract or agreement, in the whole, or in part, every member so offending, shall, for every such offence, upon con
An Act for the establishment of a Turnpike Company viction thereof before any court of the United
in the county of Alexandria, in the District of CoStates, or of the Territories thereof, having cog.
lumbia. nizance of such offence, be adjudged guilty of a Be it enacted, foc., That Jonah Thompson, Thohigh misdemeanor, and shall be fined ihree thou. mas Swann, Charles Alexander, Edmund I. Lee, sand dollars; and every such contract or agree- Jacob Hoffman, Cuthbert Powell, and John Manment, as aforesaid, shall moreover be absolutely deville, or a majority of them, be, and they are void and of no effect: Provided, nevertheless, hereby, constituied á Board of Commissioners, That in all cases where any sum or sums of money with full power and authority to open, or cause shall have been advanced on the part of the Uni- to be opened, books for receiving and entering ted States, in consideration of any such contract subscriptions for raising a capital stock, not exor agreement, the same shall be forth with repaid; ceeding twenty thousand dollars each, for the purand in case of refusal or delay to repay the same, pose of opening, gravelling, and improving a road, when demanded, by the proper officer of the de- not exceeding one hundred, nor less than thirty partment under whose authority such contract or feet wide, between the town of Alexandria and agreement shall have been made or entered into, Bridgepoint, on Alexander's island, opposite the every, person so refusing or delaying, together City of Washington, and of erecting a bridge over with his surety or sureties, shall be forch with pro- | Four Mile creek, in the county of Alexandria; secuted at law for the recovery of any such sum and of making such other incidental works, and or sums of money advanced as aforesaid. defraying such other incidental expenses as may
Sec. 2. And be it further enacted, That no- be deemed necessary or expedient by the company thing herein contained shall extend or be con- hereinafter named; the time, place, and manner strued to extend to any contract or agreement, l of receiving and entering such subscriptions to made or entered into, or accepted, by any incor- be ascertained by the said Board of Commissionporated company, where such contract or agree-ers, and duly advertised in such gazettes as they ment shall be made for the general benefit of such may deem expedient: Provided, That the time to incorporation or company; nor to the purchase be fixed upon by the said Board of Commissionor sale of bills of exchange or other property by ers for opening books for receiving the said subany member of Congress, where the same shall scriptions shall be on or before the first Monday be ready for delivery, and for which payment shall in April next; and that no subscription shall be be made at the time of making or entering into received, unless the sum of ten dollars be first paid the contract or agreement.
into the hands of the person authorized to receive Sec. 3. And be it further enacted, That in the same, on each share subscribed for. every such contract or agreement to be made or Sec. 2. And be it further enacted, That whenentered into, or accepted as aforesaid, there shall ever two hundred of the said shares shall be subbe inserted an express condition that no member scribed for, all persons who then may, or there. of Congress shall be admitted to any share or part after may become the actual holders or propriof such contract or agreement, or io any benefit etors of shares in the said capital stock, either to arise thereupon.
as subscribers for the same or as the legal repSec. 4. And be it further enacted, That if any resentatives, successors, or assignees of such sucofficer of the United States, on behalf of the Uni- scribers, shall be, and they are hereby, made ted States, shall directly or indirectly make or and created a body politic and corporate, by the enter into any contract, bargain, or agreement, name and style of “The Washington and Alexin writing or other wise, other than such as are andria Turnpike Company," and by that name
Public Acts of Congress.
may sue and be sued, implead and be implead-moneys actually and necessarily expended by the ed, and do and suffer all acts, matlers, and ihings said Board of Commissioners in the execution of which a body politic and corporale may law- their said trust and duties. fully do and suffer; and may have a common Sec. 4. And be it further enacted, That there seal, and the same may break and alter at pleasure shall be annually bolden, on the first Monday in and may make all by.laws, rules, regulations, and January, a meeting of the said company, for the ordinances, for the good government and well-purpose of electing five directors, a clerk, and a being of the said company, and for carrying into ireasurer; and the said company shall have power, effect the objects of their institution, so ihat such at any meeting legally called and constituied, in by-laws, rules, regulations, or ordinances be not pursuance of ihis act, to displace any of their direpugnant to the Haws of the United States in force rectors or officers, and to supply, by a new elecwithin the said county of Alexandria.
tion or appointment, all vacancies that may hapSec. 3. And be it further enacted. That when pen among the directors or officers of the comtwo hundred of the said shares shall be subscrib. pany; and the said company shall have power to ed for as aforesaid, or as soon after as may be, the prescribe and regulate the powers and duties of said Board of Commissioners shall call a meeting ihe said directors, and of all other officers of the of the company, at the town of Alexandria, by company; and a majority of the said directors public advertisement in one or more gazettes pub. may, from time to time, elect one of their body lished in Washington and Alexandria, appointing as president, and may provisionally supply, by a fit and convenient time and place of meeting their own election, any vacancies that may bapfor the purpose of electing five directors, a clerk, pen among the number of directors, or among any and a ireasurer, and such other officers, agents, of the officers of the company; and the persons and servants, as the said company may think fit so elected by the said directors may continue in to appoint, and for transacting any other business office till the next legal meeting of ihe company; in pursuance of this act, and appertaining to the and the directors of the said company to be electDature and objects of the institution of ihe said ed in pursuance of this act shall, unless sooner company; and the said Board of Commissioners displaced by the said company, continue in office shall, if necessary, adjourn the said meeting from uniil the first Monday in January next succeed. time to time, until a quorum shall be formed ; ing their election, and from that time until a new and a majority of the said company, or the pro- election shall be made by the said company. prietors of two-thirds of the number of shares Sec. 5. And be it further enacted, That a meetactually subscribed for, their legal representatives, ing of the said company may al any time be callsuccessors, or proxies, shall be a quorum to do ed by a majority of the directors of the company, business; and the said Board of Commissioners, for the time being, or by one-third of the membefore opening the said subscription books, shall bers of the said company, or by the proprietors of ascertain, and publish in their said advertisement, one-third of the shares actually subscribeå for, or a fit and convenient mode of authenticating all the legal representatives or successors of such powers of attorney, authorizing subscriptions to members or proprietors: Provided houerer. That be made in the name of any person or persons; no meeting of the said company shall be legal or and, before calling a meeting of the said compa- valid, unless a quorum sball formed, consistny, sball ascertain, and publish in their advertise-ing of the majority of the members of the said ment, a fit and convenient mode of authenticating company, or of the proprietors of at least twoall instruments of writing, authorizing any per- thirds of the number of shares actually subscribson or persons to act and vote at such meeting as ed for, their legal representatives, successors, or the proxy or proxies of any member of the said proxies, nor unless the place (being within the company; all which powers of attorney and in town of Alexandria) and the time of such meetstruments of writing shall be filed with the clerking be previously advertised for three weeks, sucof the said company, and by him be safely kept cessively, in one or more gazettes in the City of among the records and documents appertaining Washington and Alexandria. to his office; and as soon as a quorum of the said Sec. 6. And be it further enacted, That every company and a board of directors shall be formed as director, clerk, and treasurer, before he acts as aforesaid, all the powers, authority, and duties such, shall take an oath or affirmation for the due wbatsoever, by this act vested in the said Board of execution of his office. Commissioners, shall cease and determine, and Sec. 7. And be it further enacted, that the thenceforward become vested in the directors, for said shares shall be negotiable and transferable the time being, of the said company, under such from one to another, by assignments in writing. limitations and restrictions as ihe said company executed before two witnesses, at the least, and may think fit to prescribe. And the said Board authenticated and registered, as the said company of Commissioners shall account to the said com- may prescribe and direct in their by-laws and pacy, at the first meeting of the same, for all mo- regulations. neys received by them or their agents, on account Sec. 8. And be it further enacted, That the of such subscriptions, and shall immediately pay amount of each share shall be paid by instalments over the same to the treasurer of the said compa- of ten dollars, at such times as the said directors, ny, or to such other person or persons as the said for the time being, shall appoint; and in case company may direct and appoint; the said com- any instalment or instalments shall not be paid pany nevertheless, to allow all just credits for at the time appointed, or within ten days there
Public Acts of Congress.
after, the same may be recovered in the name of perty and reputation, not related to the parties, the company, by warrant from a justice of the nor in any manner interested, to meet on the peace, if the amount due shall not exceed twenty land to be valued, at a day to be expressed in the dollars; and if the sum so due shall exceed twenty warrant, not less than ten, nor more than twenty dollars, the same may be recovered by motion. in days thereafter; and the marshal, upon receiving the name of the said company, on ten days' notice, the said warrant, shall forth with summon the in any court of record in the county or district said jury, and when met, provided there be not where the debtor may be found; and in all such less than twelve, shall administer an oath or afwarrants and motions the certificate of the clerk fimation to every juryman that shall appear, of the said company shall be conclusive evidence "That he will faithfully, justly, and impartially of the defendant's being a member of the com- value the land, not exceeding the width of one pany, and prima facie evidence of the amount hundred feet, and all damages the owner thereof due on the shares held by such defendant; and if shall sustain by opening the road through such such instalment or instalments be not paid within land, according to the best of his skill and judgsixty days after the time limited for the payment ment." And the inquisition thereupon taken of the same, and advertised for four week's suc- shall be sign by the marshal and by the jury. cessively in one or more gazettes published in men present, and returned by the marshal to the Washington or Alexandria, the president and clerk of the county, to be by him recorded. And directors of the said company may proceed to upon every such valuation, the jury is hereby forfeit, for the use of the company, the share or directed to describe and ascertain the bounds of shares of the person or persons so failing to pay. the land by them valued; and their valuation
Sec. 9. And whereas, certain individuals have shall be conclusive on all persons, and shall be already subscribed and paid sundry small sums paid by the said president and directors to the of money, which have been appropriated to the owner of the land, or his legal representative; and purpose of opening and partially improving the on payment thereof said land shall become an said road from Alexandria to Washington: Be it open public road forever. further enacted That it shall and may be lawful
SEC. 12. And let it further
enacted, That as for the said Board of Commissioners to place the soon as the said road shall be opened and imsaid payments to the credit of those individuals, proved, and the said bridge shall be erected and who have respectively paid the same, and who built, as required by this act, the said company are desirous of purchasing stock in the said com- shall be entitled to demand and receive by their pany, by allowing them the full amount of the proper agents, servants, or officers, at the said money ihey have respectively advanced, in the bridge, tolls, not exceeding the following rates, to purchase of a share or shares in the said company. be regulated from time to time by the circuit
Sec. 10. And be it further enacted, that the court of the United States, in and for the District said company be, and they are hereby, authorized of Columbia, in the county of Alexandria, under and empowered to open, extend, gravel, and im- the direction of Congress : for each person and prove, in the turnpike manner, a good and suffi. horse, six cents and a quarter; for each chaise, cient road, commencing at the intersection of sulky, or riding chair, iwelve and a half cents; Washington and Montgomery streets, in the said for each coach, coachee, stage wagon, chariot, town of Alexandria, thence extending in a straight phaeton, or curricle, or other riding carriage, line to the northeastern corner of the alms-house twenty five cents, and the further sum of four lot, and thence, by the most eligible and con- cents for each horse, more than two, by which venient route, 10 Bridge point, on Alexander's such coach, coachee, chariot, phaeton, or curricle, island; and also to erect and build, or cause to shall be drawn; for each sled or sleigh, twelve be erected and built over Four Mile creek a good and a half cents, and the further sum of four and sufficient bridge, of sound and suitable mate-cents for each horse or other beast, more than rials, and in all respects adequate for the passage two, by which such sled or sleigh shall be drawn; of travellers, horses, and carriages, with a secure for each four-wheeled wagon, cart, or other four railing on each side, at least four feet high, and a wheeled carriage of burden, twenty five cents, convenient way for foot passengers, on one side, and the further sum of four cents for each horse which shall be separated from the carriage way, or other beast, more than two, by which the same by a good and sufficient railing, at least four feet shall be drawn; for each two wheeled cart, dray, high.
or other two wheeled carriage of burden, lwelve Sec. 11. And be it further enacted, That it shall and a half cents, and the further sum of four cents and may be lawful for the said president and did for each horse or other beast, more than one, by rectors, or the majority of them, to agree with which the same shall be drawn; for each sheep the owners of any land, through which the said or swine, one cent; for horses and neat cattle, road is intended to pass, for the purchase thereof; other than those in teams, drawing sleds, sleighs, and in case of disagreement, or in case the owner or carriages, or those with riders, iwo cents each. thereof shall be a feme covert, under age, non And it shall be the duiy of the said company to compos, or out of the district, on application to keep posted up in some conspicuous place, at the one of the judges of the circuit court, the said said bridge, where the toll is collected, a printed judge shall issue a warrant directed to the mar- list of the rates of toll allowed by this act, and shal of the district, to summon a jury of twenty- for every day the same shall be neglected, they four inhabitants of Alexandria county, of pro- shall forfeit and pay one dollar, to be recovered
Public Acts of Congress.
by warrant, by any person who shall sue for the recess of Congress, to suspend, in wbole or in
part, the act laying an embargo on all ships and Sec. 13. And be it further enacted, That it shall vessels in the poris and harbors of the United be the duty of the said corporation to keep the States, and the several acts supplementary thereto, said road and bridge in good repair ; and if, in under such exceptions and restrictions, and on neglect of their said duty, the said corporation such bond and security being given as the public shall at any time suffer the said road or bridge to interest and circumstances of the case may apbe out of repair, so as to be unsafe or inconve- pear to require: Provided, such suspension sball nient for passengers, the said corporation shall be bot extend beyond twenty days after the next liable to be presented for such neglect, before any meeting of Congress. court of competent jurisdiction, and, upon convic- Approved, April 22, 1808. lion thereof, io pay to the United States a penalty noi exceeding one hundred dollars, at the discré
q tion of the court; and shall also be responsible for An Act to alter the time for the next meeting of all damages, which may be sustained by any per
Congress. son or persons, in consequence of such want of
Be it enacted, fc., That, after the adjournment repair, to be recovered in an action of trespass on
of the present session, the next meeting of Conthe case, in any court competent to try the same: gress shall be on the first Monday of November Provided always, and it is further enacted, That next. whenever the net proceeds of toll collected on Approved, April 22, 1808. said road shall amount to a sum susficient to reimburse the capital stock, which shall be expended An Act making provision for arming and equipping the
li in the purchase of said land, building said bridge,
whole body of the Militia of the United States. and making said road, and twelve per cent. interest thereon, to be ascertained by said circuit
Be it enacted, fc., That the annual sum of court, the same shall become a free road, and toll two hundred thousand dollars be, and the same shall be no longer collected thereon ; and said hereby is, appropriated for the purpose of procompany shall annually make returns to said cir- viding arms and military equipments for the cuit court, of the amount of toll collected, and of whole body of the militia of the United States, their necessary expenses, so as to enable said cir- either by purchase or manufacture, by and on ac cuit court to determine when said toll shall cease.
count of the United States. Approved, April 21, 1808.
Sec. 2. And be it further enacted, That the President of the United States be, and he hereby
is, authorized to purchase sites for, and erect such An Act to continue in force an act, entitled “An act to additional arsenals and manufactories of arms,
extend jurisdiction in certain cases to State Judges as he may deem expedient, under the limitations and State Courts, and for other purposes."
and restrictions now provided by law : Provided Be it enacted, f-c., That the act, entitled "An also, That so much of any law as restricts the act to extend jurisdiction in certain cases to State number of workmen in the armories of the Unijudges and State courts,” passed the eighth day ted States to one hundred men, be, and the same of March, one thousand eight hundred and six, hereby is, repealed. be, and the same is hereby, continued in force Sec. 3. And be it further enacted, That all the without limitation of time.
arms procured in virtue of this act shall be transSec. 2. And be it further enacted, That the mitted to the several States composing this
Union, several provisions of the above-mentioned act, en- and Territories thereof, to each State and Terri. titled "An act to extend jurisdiction in certain tory respectively, in proportion to the number of cases to State judges and State courts," be, and the effective militia in each State and Territory, the same are hereby, extended to the respective and by each State and Territory to be distributed county courts within, or next adjoining the rev- to the militia in such State and Territory, under enue districts in the State of Ohio on Lake Erie, such rules and regulations as shall be by law preand to the district attorney of the United States scribed by the Legislature of each State and Terthe district of Ohio.
ritory. Approved, April 21, 1808.
Approved, April 23, 1808. US Ån Act to authorize the President of the United States, An Act to establish certain post roads in the States of under certain conditions, to suspend the operation
Georgia and Ohio. of the act laying an embargo on all ships and ves. Be it enacted, f-c., That the following post sels in the ports and harbors of the United States, roads be established, viz: From Darien, by John and the several acts supplementary thereto. Jones's to Milledgeville, and from thence to Athens,
Be it enacted, fc., That in the event of such from Sparta to Milledgeville, and from thence by peace or suspension
of hostilities between the bel. Jones's Court-house to the Garrison on Ockmul. ligerent Powers of Europe, or of such changes in gee; from Milledgeville to Putnam Court-house, their measures affecting neutral commerce, as and from thence to Morgan Court-house, and to may render that of the United States sufficiently Randolph Court-house; from New Lisbon to safe, in the judgment of the President of the Uni- Canton, in Ohio. ed 'States, he is hereby authorized, during the Approved, April 23, 1808.
Public Acts of Congress. An Act making an appropriation to supply a deficiency day of September, one thousand eight hundred
in an appropriation for the support of Government and seven. during the present year, and making an appropria- Peter Smith, at the rate of four dollars per tion for defraying the expenses incident to the valu. month, to commence on the sixteenth day of ation of houses and lands, and the enumeration of July, one thousand eight hundred and six. slaves within the United States.
William Johnson, at the rate of two dollars. Be it enacted, fc., That to make good a defi- and fifty cents per month, to commence on the ciency in the appropriation for the contingent first day of April, one thousand eight hundred expenses of both Houses of Congress, authorized and seven. by the act of the tenth of February last, the fur- James Houston, at the rate of fifteen dollars ther sum of seven thousand dollars be, and the per month, to commence on the thirteenth day of same hereby is, appropriated.
July, one thousand eight hundred and seven. Sec. 2. And be it fürther enacted, That a sum Jedediah Hyde, at the rate of fifteen dollars per not exceeding five thousand four hundred and month, to commence on the third day of August, one dollars and twenty-seven cents, the balance one thousand eight hundred and seven. of a former appropriation to that amount, for that Samuel Nesbit, at the rate of five dollars per object, having been carried to the credit of the month, to commence on the eighteenth day of surplus fund, to be paid out of any moneys in the October, one thousand eight hundred and seven. Treasury, not otherwise appropriated, be, and the Shepherd Packard, at the rate of three dollars same is hereby, appropriated, for defraying the per month, to commence on the seventh day of further expenses incident to the valuation of February, one thousand eight hundred and seven. houses and lands, and the enumeration of slaves Richard Kisby, at the rate of four dollars per within the United States.
month, to commence on the twenty-fourth day Approved, April 23, 1808.
of March, one thousand eight hundred and seven.
Jonathan Wilkins, at the raie of two dollars
and fifty cents per month, to commence on the An Act concerning Invalid Pensioners. twenty-sixth day of March, one thousand eight
hundred and seven. Be it enacted, f.c., That the Secretary of War
Waterman Baldwin, at the rate of five dollars be, and he is hereby, directed to place the follow
per month, to commence on the twenty-fifth ing named persons, whose claims have been trans- day of October, one thousand eight hundred and mitted to Congress, pursuant to a law passed the seven. tenth of April, one thousand eight hundred and John Clark, at the rate of eight dollars per month, six, on the pension list of invalid pensioners of to commence on the fifteenth day of December, the United States, according to the rates, and to one thousand eight hundred and seven. commence at the times herein mentioned, that is
John Venus, at the rate of two dollars and fifty to say:
cents per month, to commence on the eleventh Thomas Lamar Davis, at the rate of two dol- day of December, one thousand eight hundred and lars and fifty cents per month, to commence on the twenty-ninth day of December, one thousand
John Holcombe, at the rate of fifteen dollars per eight hundred and seven.
month, to commence on the first day of DecemAlbert Chapman, at the rate of ten dollars per ber, one thousand eight hundred and seven. month, to commence on the seventeenth day of
Richard Steads, at the rate of four dollars per October, one thousand eight hundred and seven month, to commence on the ninth day of Decem
Ambrose Homan, at the rate of iwo dollars and ber, one thousand eight hundred and seven. fifty cents per month, to commence on the fif
Alexander Jones, at the rate of three dollars teenth day of December, one thousand eight hun- thirty-three and one-third cents per month, to comdred and six.
mence on the nineteenth day of June, one thouRichard Scott, at the rate of two dollars and sand seven hundred and eighty-four. fifty cents per month, to commence on the fifth Benjamin Saddler. at the rate of three dollars day of October, one thousand eight hundred and per month, to commence on the first day of Janseven.
uary, one thousand eight hundred and three. Francis Blood, at the rate of five dollars per
Benjamin Jenkins, at the rate of two dollars month, to commence on the sixteenth day of De- and fifty cents per month, to commence on the cember, one thousand eight hundred and six. sixteenth day of September, one thousand eight
Jonas Green, at the rate of five dollars per hundred and seven. month, to commence on the eighth day of Octo- William Scott, at the rate ot'twenty-five dollars ber. one thousand eight hundred and seven.
per month, to commence on the twelfth day of William Green, at the rate of eight dollars per March, one thousand eight bundred and seven. month, to commence on the seventh day of Feb
James Bruff, at the rate of twenty dollars per ruary, one thousand eight hundred and seven.
month, to commence on the seventeenth day of Seth Weed, at the rate of six dollars per month, August, one thousand eight hundred and seven. to commence on the seventh day of October, one
Nathan Taylor, at the rate of ten dollars per thousand eight hundred and seven. Samuel Lathrop, at the rate of five dollars month, to cominence on the nineteenth day of Feb
ruary, one thousand eight hundred and eight. per month, to commence on the iwenty-second Aaron Stevens, at the rate of ten dollars per