herein excepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars.

of War, Secretary of the Navy, and the Postmas-
ter General, annually, to lay before Congress a
statement of all the contracts which have been
made in their respective Departments, during the
year preceding such report, exhibiting in such
statement the name of the contractor, the article
or thing contracted for, the place where the arti-
cle was to be delivered, or the thing performed,
the sum to be paid for its performance or delivery,
the date and duration of the contract.
Approved, April 21, 1808.

An Act for the establishment of a Turnpike Company in the county of Alexandria, in the District of Columbia.

Be it enacted, &c., That, from and after the pasSEC. 5. And be it further enacted, That, from sage of this act, no member of Congress shall, di- and after the passing of this act, it shall be 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 benefit, or on his account, undertake, execute, hold or enjoy, in the whole or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever, in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake, or execute any such contract or agreement, in the whole, or in part, every member so offending, shall, for every such offence, upon conviction thereof before any court of the United States, or of the Territories thereof, having cognizance of such offence, be adjudged guilty of a Be it enacted, &c., That Jonah Thompson, Thohigh misdemeanor, and shall be fined three 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, constituted a Board of Commissioners, That in all cases where any sum or sums of money shall have been advanced on the part of the United States, in consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid.

with full power and authority to open, or cause to be opened, books for receiving and entering subscriptions for raising a capital stock, not exceeding twenty thousand dollars each, for the purpose of opening, gravelling, and improving a road, not exceeding one hundred, nor less than thirty feet wide, between the town of Alexandria and Bridgepoint, on Alexander's island, opposite the City of Washington, and of erecting a bridge over Four Mile creek, in the county of Alexandria; and of making such other incidental works, and 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, 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 incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into

the contract or agreement.

SEC. 3. And be it further enacted, That in every such contract or agreement to be made or entered into, or accepted as aforesaid, there shall be inserted an express condition that no member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

SEC. 4. And be it further enacted, That if any officer of the United States, on behalf of the United States, shall directly or indirectly make or enter into any contract, bargain, or agreement, in writing or other wise, other than such as are

may deem expedient: Provided, That the time to be fixed upon by the said Board of Commissioners for opening books for receiving the said subscriptions shall be on or before the first Monday in April next; and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, on each share subscribed for.

SEC. 2. And be it further enacted, That whenever two hundred of the said shares shall be subscribed for, all persons who then may, or there. after 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 sucscribers, shall be, and they are hereby, made and created a body politic and corporate, by the name and style of "The Washington and Alexandria 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, matters, and things said Board of Commissioners in the execution of which a body politic and corporate 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 holden, 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 treasurer; and the said company shall have power, effect the objects of their institution, so that such at any meeting legally called and constituted, in by-laws, rules, regulations, or ordinances be not pursuance of this act, to displace any of their direpugnant to the laws 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 happen among the directors or officers of the company; and the said company shall have power to prescribe and regulate the powers and duties of the said directors, and of all other officers of the company; and a majority of the said directors may, from time to time, elect one of their body as president, and may provisionally supply, by their own election, any vacancies that may happen among the number of directors, or among any of the officers of the company; and the persons so elected by the said directors may continue in office till the next legal meeting of the company; and the directors of the said company to be elected in pursuance of this act shall, unless sooner displaced by the said company, continue in office until the first Monday in January next succeeding their election, and from that time until a new election shall be made by the said company.

SEC. 3. And be it further enacted. That when two hundred of the said shares shall be subscribed for as aforesaid, or as soon after as may be, the said Board of Commissioners shall call a meeting of the company, at the town of Alexandria, by public advertisement in one or more gazettes published in Washington and Alexandria, appointing a fit and convenient time and place of meeting for the purpose of electing five directors, a clerk, and a treasurer, and such other officers, agents, and servants, as the said company may think fit to appoint, and for transacting any other business in pursuance of this act, and appertaining to the nature and objects of the institution of the said company; and the said Board of Commissioners shall, if necessary, adjourn the said meeting from time to time, until a quorum shall be formed; and a majority of the said company, or the proprietors 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 at 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 subscribed 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, however, 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 shall be 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 clerk of the said company, and by him be safely kept among the records and documents appertaining to his office; and as soon as a quorum of the said company and a board of directors shall be formed as aforesaid, all the powers, authority, and duties whatsoever, by this act vested in the said Board of Commissioners, shall cease and determine, and thenceforward become vested in the directors, for the time being, of the said company, under such limitations and restrictions as the said company may think fit to prescribe. And the said Board of Commissioners shall account to the said compary, at the first meeting of the same, for all mo-regulations. neys received by them or their agents, on account of such subscriptions, and shall immediately pay over the same to the treasurer of the said company, or to such other person or persons as the said company may direct and appoint; the said company nevertheless, to allow all just credits for

ing be previously advertised for three weeks, successively, in one or more gazettes in the City of Washington and Alexandria.

SEC. 6. And be it further enacted, That every director, clerk, and treasurer, before he acts as such, shall take an oath or affirmation for the due execution of his office.

SEC. 7. And be it further enacted, That the said shares shall be negotiable and transferable from one to another, by assignments in writing, executed before two witnesses, at the least, and authenticated and registered, as the said company may prescribe and direct in their by-laws and

SEC. 8. And be it further enacted, That the amount of each share shall be paid by instalments of ten dollars, at such times as the said directors, for the time being, shall appoint; and in case any instalment or instalments shall not be paid at the time appointed, or within ten days there

Public Acts of Congress.

after, the same may be recovered in the name of the company, by warrant from a justice of the peace, if the amount due 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 days' 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 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 shares held by such defendant; and if such instalment or instalments be not paid within sixty days after the time limited for the payment of the same, and advertised for four weeks successively in one or more gazettes published in Washington or Alexandria, the president and directors of the said company may proceed to forfeit, for the use of the company, the share or shares of the person or persons so failing to pay. SEC. 9. And whereas, certain individuals have already subscribed and paid sundry small sums of money, which have been appropriated to the purpose of opening and partially improving the said road from Alexandria to Washington: Be it further enacted That it shall and may be lawful for the said Board of Commissioners to place the said payments to the credit of those individuals. who have respectively paid the same, and who are desirous of purchasing stock in the said company, by allowing them the full amount of the money they have respectively advanced, in the purchase of a share or shares in the said company. SEC. 10. And be it further enacted, That the said company be, and they are hereby, authorized and empowered to open, extend, gravel, and improve, in the turnpike manner, a good and sufficient road, commencing at the intersection of Washington and Montgomery streets, in the said town of Alexandria, thence extending in a straight line to the northeastern corner of the alms-house lot, and thence, by the most eligible and convenient route, to Bridge point, on Alexander's island; and also to erect and build, or cause to be erected and built over Four Mile creek a good and sufficient bridge, of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, and carriages, with a secure railing on each side, at least four feet high, and a convenient way for foot passengers, on one side, which shall be separated from the carriage way, by a good and sufficient railing, at least four feet high.

perty and reputation, not related to the parties, nor in any manner interested, to meet on the land to be valued, at a day to be expressed in the warrant, not less than ten, nor more than twenty days thereafter; and the marshal, upon receiving the said warrant, shall forthwith summon the said jury, and when met, provided there be not less than twelve, shall administer an oath or affimation to every juryman that shall appear, "That he will faithfully, justly, and impartially value the land, not exceeding the width of one hundred feet, and all damages the owner thereof shall sustain by opening the road through such land, according to the best of his skill and judgment." And the inquisition thereupon taken shall be signed by the marshal and by the jurymen present, and returned by the marshal to the clerk of the county, to be by him recorded. And upon every such valuation, the jury is hereby directed to describe and ascertain the bounds of the land by them valued; and their valuation shall be conclusive on all persons, and shall be paid by the said president and directors to the owner of the land, or his legal representative; and on payment thereof said land shall become an open public road forever.

SEC. 12. And be it further enacted, That as soon as the said road shall be opened and improved, and the said bridge shall be erected and built, as required by this act, the said company shall be entitled to demand and receive by their proper agents, servants, or officers, at the said bridge, tolls, not exceeding the following rates, to be regulated from time to time by the circuit court of the United States, in and for the District of Columbia, in the county of Alexandria, under the direction of Congress: for each person and horse, six cents and a quarter; for each chaise, sulky, or riding chair, twelve and a half cents; for each coach, coachee, stage wagon, chariot, phaeton, or curricle, or other riding carriage, twenty five cents, and the further sum of four cents for each horse, more than two, by which such coach, coachee, chariot, phaeton, or curricle, shall be drawn; for each sled or sleigh, twelve and a half cents, and the further sum of four cents for each horse or other beast, more than two, by which such sled or sleigh shall be drawn; for each four-wheeled wagon, cart, or other four wheeled carriage of burden, twenty five cents, and the further sum of four cents for each horse or other beast, more than two, by which the same shall be drawn; for each two wheeled cart, dray, or other two wheeled carriage of burden, twelve 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 di- 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, two cents each. thereof shall be a feme covert, under age, non And it shall be the duty 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

same.

recess of Congress, to suspend, in whole or in part, the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, under such exceptions and restrictions, and on such bond and security being given as the public interest and circumstances of the case may appear to require: Provided, such suspension shall not extend beyond twenty days after the next meeting of Congress.

Approved, April 22, 1808.

An Act to alter the time for the next meeting of

Congress.

SEC. 13. And be it further enacted, That it shall be the duty of the said corporation to keep the said road and bridge in good repair; and if, in neglect of their said duty, the said corporation shall at any time suffer the said road or bridge to be out of repair, so as to be unsafe or inconvenient for passengers, the said corporation shall be liable to be presented for such neglect, before any court of competent jurisdiction, 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 net proceeds of toll collected on said road shall amount to a sum sufficient to reimburse the capital stock, which shall be expended An Act making provision for arming and equipping the 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 their necessary expenses, so as to enable said cir

cuit court to determine when said toll shall cease. Approved, April 21, 1808.

An Act to continue in force an act, entitled "An act to extend jurisdiction in certain cases to State Judges and State Courts, and for other purposes."

Be it enacted, &c., That the act, entitled "An act to extend jurisdiction in certain cases to State judges and State courts," passed the eighth day of March, one thousand eight hundred and six, be, and the same is hereby, continued in force without limitation of time.

SEC. 2. And be it further enacted, That the several provisions of the above-mentioned act, entitled "An act to extend jurisdiction in certain cases to State judges and State courts," be, and the same are hereby, extended to the respective county courts within, or next adjoining the revenue districts in the State of Ohio on Lake Erie, and to the district attorney of the United States for the district of Ohio.

Approved, April 21, 1808.

An Act to authorize the President of the United States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto.

Be it enacted, &c., That in the event of such peace or suspension of hostilities between the belligerent Powers of Europe, or of such changes in their measures affecting neutral commerce, as may render that of the United States sufficiently safe, in the judgment of the President of the Unied States, he is hereby authorized, during the

Be it enacted, &c., That, after the adjournment of the present session, the next meeting of Congress shall be on the first Monday of November

next.

Approved, April 22, 1808.

whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States.

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 additional arsenals and manufactories of arms, as he may deem expedient, under the limitations and restrictions now provided by law: Provided also, That so much of any law as restricts the number of workmen in the armories of the United States to one hundred men, be, and the same hereby is, repealed.

SEC. 3. And be it further enacted, That all the arms procured in virtue of this act shall be transmitted to the several States composing this Union, and Territories thereof, to each State and Territory respectively, in proportion to the number of the effective militia in each State and Territory, and by each State and Territory to be distributed to the militia in such State and Territory, under such rules and regulations as shall be by law prescribed by the Legislature of each State and Territory.

Approved, April 23, 1808.

An Act to establish certain post roads in the States of
Georgia and Ohio.

Be it enacted, &c., That the following_post roads be established, viz: From Darien, by John Jones's to Milledgeville, and from thence to Athens; from Sparta to Milledgeville, and from thence by Jones's Court-house to the Garrison on Ockmulgee; from Milledgeville to Putnam Court-house, and from thence to Morgan Court-house, and to Randolph Court-house; from New Lisbon to Canton, in Ohio.

Approved, April 23, 1808.

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 appropriation for defraying the expenses incident to the valuation of houses and lands, and the enumeration of