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VII. AND BE IT ENACTED, That the president and managers first chosen as aforesaid, shall pro-
cure certificates tor all the shares of the stock of the said company, and shall deliver one such cer-
tificate, signed by the president, and countersigned by the treasurer, and sealed with the common
seal of the said company, to each person or persons for every share by him, her or them subscribed
and held, he, she or they, having paid to the said commissioners aforesaid one dollar for each share,
which certificate shall be transferable at his, her or their pleasure, in person or by attorney
duly authorised, in the presence of the secretary, subject, however, to all payments due and
to become due thereon; and the assignee holding any certificate, having first caused the assign-
ment to be entered in a book of the company to be kept for that purpose, shall be a member of the
corporation, and for every certificate assigned to him, her or them as aforesaid, shall be entitled to
one share of the capital stock, and of all the estate and emoluments of the company, and to vote, as
aforesaid, at the meeting thereof.
VIII. AND BE IT ENACTED, That the said president and managers shall meet at such times and
places as shall be ordained by their respective by-laws, and when met, five members shall form a
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 or banks for all monies as shall have been so as aforesaid deposited by the com-
missioners aforesaid, which draughts shall be signed by the said president, or in his absence, by a
majority of the quorum, and countersigned by the treasurer, and generally to do all such other acts,
matters and things, as by this act and the respective by-laws, rales, orders and regulations, of the
company, 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 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 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.
X. 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.
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 at a place where the said materials may be, and 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
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CHAP.
CXXVIII.
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