1843

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 159

if the same, and the said additional penalty shall remain
unpaid for such space of lime 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 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, or the managers may at their option
enforce payment of any instalment, by warrant or action as
the case may require.

Turnpike to
to be made on,
bed of Liberty
Road.

Sec. 10. And be it enacted, That the said turnpike road
be made in, over and upon the bed of the present Liberty
road, as laid out and used. Provided always, that should it
appear on a resurvey of any part of the said Liberty road,
that a considerable saving 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 originally laid down, and im-

Provisoes

prove the less expensive route. Provided also, that where
the tract of the original road shall be departed from, the
president, managers and company, may agree with the
owner of the land through which the same may pass, for the
purchase of the same, if the owner shall require any compen-
sation therefore, and in ease of disagreement, or if the
owner be a feme covert or non compos, or under age, or
out of the State, the compensation to owner or owners
shall be ascertained and paid in the manner he rein after
provided, For ascertaining and paying for the value of the
materials for making said road.

May agree
with owners,

&c.

Sec. 11. And be it enacted, That in all cases where
stone, gravel, earth or sand, not already quarried or dry
for the use of the owner, or for sale, shall be necessary (or
making or repairing of the said turnpike road, the presi-
dent 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 per-
son authorised by him for that purpose, shall apply to a
justice of the peace for the county wherein the said mater-
ials may be, which justice shall thereupon issue his war-
rant, directed to the sheriff of the county, commanding him
to summon twenty disinterested persons, qualified to serve
as jurors in the county court, to meet at a place where the