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ed works, and to fix their salaries or wages, to ascertain the times, manner and proportions, when
and in which the stockholders shall pay the money due on their respective shares, in order to carry
on the work, to draw orders on the treasurer for all monies necessary to pay the salaries or wages of
persons by them employed, and for the labour done, and materials provided, in the prosecution of the
work, which orders shall be entered or registered in their book of minutes, and shall be signed by
the president, or in his absence, by a majority of a quorum, and countersigned by their secretary,
and generally to do all such other acts, matters and things, as by the by-laws, rules, orders and re-
gulations, of the company, shall be committed to them.
IX. AND BE IT ENACTED, That if any stockholder, whether original subscriber or assignee,
after thirty days notice in one of the public papers printed in this state, or one or more of the pub-
lic papers printed in Philadelphia, of the time and place appointed for the payment of any propor-
tion or instalment of the said capital stock, in order to carry on the said work, shall neglect to pay
such proportion at the place appointed, for the space of sixty days after the time appointed for the
payment thereof, every such stockholder shall, in addition to the instalment so called for, pay at the
rate of five per centum per month for every delay of such payment, and if the same, and the said additi-
onal penalty, shall remain unpaid for such space of time as that the accumulated penalty shall become
equal to the sums before paid in part and on account of such share, the same may be forfeited by
and to the said company, and may be sold by them to any other person or persons willing to pur--
chase, for such price as can be obtained therefor, or in default of payment by any stockholder of any
such instalment as aforesaid, the said president and managers may, at their election, cause suit to
be brought in any court having competent jurisdiction, for the recovery of the same, together with
the penalty aforesaid; provided always, that the recovery in any suit shall in no case exceed the
amount of such instalment or instalments as may be due on such share, together with such accumu-
lated penalty, at the rate aforesaid, as shall equal the sums before paid on the same shares; and pro-
vided also, that no stockholder, whether original subscriber or assignee, shall be entitled to vote at
any election, or at any general or special meeting of the said company, unless the whole sum due
and payable as aforesaid on the share or shares by him held at the lime of such election, or general
special meetings of the said company, shall have been fully paid and discharged as aforesaid.
X. AND BE IT ENACTED, That it shall and may be lawful for the said president and managers,
the superintendents, surveyors, engineers, artists and chain-bearers, to enter into and upon all and
every the lands, tenements and enclosures, in, through and over which the said intended turnpike
road may be thought proper to pass, and to examine the ground the most proper for the purpose, and
quarries and beds of stone and gravel, and other materials, in the vicinity, that will be necessary in
making and constructing the said road, and to survey, lay down, ascertain, mark and fix, such route
or track for the same road, as in the best of their judgment and skill will combine shortness of dis-
tance with the most practicable ground, from the place where the contemplated artificial road leading
from the town of New-Castle to the line of the state of Delaware shall strike that line, to extend
thence, the nearest and best practicable course, to French-town, on Elk river, in the state of Ma-
ryland aforesaid.
XL AND BE IT ENACTED, That it shall and may be lawful to and for the said president and ma-
nagers, by and with their superintendents, engineers, artists, workmen and labourers, with their
tools and instruments, carts, wagons, wains and other carriages, and beasts of draught or burthen,
to enter upon the lands in, over, contiguous to and near to which, the route and track of the said
intended road shall pass, first giving notice of their intention to the owners or occupiers there-
of, and doing as little damage thereto as possible, and repairing any breaches they may make in the
enclosures thereof, and making amends for any damages that may be done to any improvements
thereon, upon a reasonable agreement, if they can agree, or if they cannot agree, then upon an ap-
praisement to be made, upon oath or affirmation, by three disinterested freeholders, any two of them
agreeing, mutually to be chosen, or if the owners, upon due notice, shall neglect or refuse to join in
the choice, then to be appointed by any justices of the peace for Caecil county, not interested there-
in; and upon tender of the appraise value, to cut down, dig, take and carry away, any timber,
stone, gravel, sand, earth or other materials, there being most conveniently situated, for making or
repairing said road,
XII. AND BE IT ENACTED, That the said president, managers and company, shall have power to
erect permanent bridges over all creeks, as well as over all the waters crossed by the said route or
track, whereon the same shall be found necessary, and shall cause a road to be laid out, not exceed,
ing one hundred feet in width, from the town of New-Castle aforesaid by the aforesaid route, and
shall cause twenty feet thereof in breadth at least to be. made an artificial road, which shall be bedded
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CHAP.
LXIV.
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