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EDWARD LLOYD, ESQUIRE, GOVERNOR.
9. AND BE IT ENACTED, That after thirty days
public notice in
all the public papers aforesaid, of the time and place appointed for
the payment of any proportion of the said capital stock of the said
company, if any stockholder shall neglect to pay such proportion
at the place appointed, for the space of thirty days after the time
so appointed, every such stockholder, his, her or their assignee,
shall, in addition to the payment so called for, pay at the rate of
five per cent. per month for delay of such payment, and if the
same,
and the said additional penalty, shall remain unpaid for such space
of time as that the accumulated penalties shall become equal to the
sums before paid in part on such account of such share or shares,
the same shall be forfeited to the said company, and may and shall
be sold and assigned by the president and managers of said company
to any person willing to purchase the same, for such price as
can be obtained for the same, and the purchaser or purchasers
aforesaid shall have all the benefit and advantage of such assignment
and purchase, as if he, she or they, had been an original
stockholder. |
NOV. 1809.
CHAP. 128.
Stockholders delaying
payment 30
days after time
appointed, to pay
5 per cent per
month, &c. |
10. AND BE IT ENACTED, That the president,
managers and company,
shall agree with the owner or owners of the land through
which the same may pass, for the purchase of the same, (if the owner
shall require any compensation therefor,) and in case of disagreement,
or in case the owner shall be a feme-covert, or non compos,
or under age, or out of the state, in such case the compensation to
the owner or owners aforesaid, for the land aforesaid, shall be ascertained
and paid in the manner herein after provided for ascertaining
and paying the value of materials for making said road. |
Company may
agree with owners
of land for purchase
thereof. |
11. AND BE IT ENACTED, That in all cases where
stone, gravel,
earth or sand, not already quarried or dug for the use of the owner,
or for sale, shall be necessary for making or repairing of the said
turnpike road, the president and managers of the said company, or
a majority of them, or any person authorised by them, may agree
with the owner or owners of said materials for the purchase of the
same, or with the said owner or owners of the land on which the
same may be, for the purchase of said land, and in case of disagreement,
or in case the owner should be a feme-covert, or non compos,
or under age, or out of the state or county, the president of the
company, or any person authorised by him for that purpose, shall
apply to a justice of the peace for the county wherein the said materials
may be, which justice shall thereupon issue his warrant,
directed to the sheriff of the county, commanding him to summon
twelve disinterested persons, qualified to serve as jurors in the
county court, to meet at a place where the said materials may be,
and the said sheriff shall qualify the said persons, either by oath,
or affirmation, (as the case may be,) justly, truly and impartially,
to value the damages which may be sustained by the owner or owners
of the materials required by such company, and the said persons
shall, after valuing the damage which may be sustained by the
owner or owners of such materials, and return, under their hands
and seals, to the justice who issued the warrant, one copy of their
said valuation, one other copy to the president of the said company,
and one other copy to the owner or owners of the said materials,
if such owner shall reside in the county where the said materials
may be, and shall not be under any legal disability to receive the
money adjudged, and give sufficient discharges therefor, and the |
May agree for
stone, gravel, &c.
if possible, if not,
jury may be summoned
to assess damages. |
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