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C H A P.
XCVI.
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quorum, who, in the absence of the president, may choose a chairman, and shall keep minutes of
all their transactions, fairly entered in a book, and a quorum being formed, they shall have full power
and authority to appoint all such surveyors, engineers, superintendents, and other officers, as they
shall deem necessary to carry on their intended works, and to fix their salaries and wages, and to
draw on the bank for all monies as shall have been so as aforesaid deposited by the commissioners
aforesaid, which draughts shall be signed by the said president, or in his absence, by a majority
of a quorum, and countersigned by the treasurer, and generally to do all such other acts, mat-
ters and things, as by this act and the respective by-laws, rules, orders and regulations, of the com-
pany, they shall be authorised to do.
IX. 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 time and place appointed,
for the space of thirty days after the time so appointed, every such stockholder, his, her or their as-
signee, 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 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.
X. 'AND BE IT ENACTED, That the said road be made in, over and upon, the bed of the present
road, as laid out and used; provided always, that should it appear on a resurvey of any part of the
said road, by sworn surveyors, that a considerable saving in distance or in expense would arise to
the company, that in all such cases it shall be lawful to depart from the tract of the road so original-
ly laid down, and improve the shorter or less expensive route; provided also, that in all such devia-
tions the road shall not be diverted or taken from any town or village through which it now passes,
nor shall it puss through the meadows, gardens, orchards or grain fields, whilst the grain or crop is
growing therein, without the consent of the proprietor or proprietors thereof; and provided also,
that where the tract of the original road shall be departed from, the president, managers and com-
pany, 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 disa-
greement, or in case the owner should 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, before the direction of the said road shall be altered or changed.
XI. 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 pur-
chase 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 per-
son 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 ar a place where the said materials may be, ami the said sheriff shall qua-
lify the said persons, either by oath, or affirmation, (as the case may be, ) justly, truly and imparti-
ally, 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 is-
sued the warrant, one copy of their said valuation, one other copy to the president of the said com-
pany, 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 president and managers shall
pay, or secure to be paid, the damages so adjudged, before they shall proceed to remove the said
materials; and if the owner or owners of such materials shall reside out of the county, or be under
any legal disability, then the president and managers shall enter into bond, conditioned for the pay-
ment of the damages assessed to the person or persons who may be duly authorised to receive, the
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