LEVIN WINDER, ESQ. GOVERNOR.

147

ration, be, and the same is hereby ratified and confirmed,
and is hereby declared to be as good and valid, to all in-
tents and purposes, as if the same had been made in
strict conformity with the provisions of the original act
for incorporating said company.

Dec. Sess.

1813.

2. AND BE IT ENACTED, That the president,
managers and treasurer, so chosen as aforesaid, shall
hold their offices and exercise all the powers vested in
them respectively, until a new election shall take place,
which election shall hereafter be made on the days and
in the mode prescribed by the original act aforesaid.

Officers to
serve until
another elec-
tion.

3. AND BE IT FURTHER ENACTED, That the
president and managers for the time being, of the said
corporation, shall and may, if they shall deem it expe-
dient so to do, commence making a part of the turnpike
road aforesaid at the foot of the south mountain, on the
west side thereof, and progress with the same in the di-
rection towards Westminster; and so soon as the said
road from the point aforesaid towards Westminster
shall be fully completed to the extent of live miles, the
said corporation shall and they are hereby authorised to
receive the same rate of tolls on so much of that part of
said road, as if the said road had been commenced at

Where it
may be com-
menced.

and proceeded from Westminster; Provided always,
That nothing herein contained shall be construed to pre-
vent the said president and managers from beginning to
make the turnpike road aforesaid at or near Westmin-
ster, and progressing towards Hagerstown, at the same
time that they shall commence on the west side of the
mountain aforesaid.

Proviso.

4. AND BE IT FURTHER ENACTED, That if
any stockholder shall, at any time hereafter neglect or
refuse to pay the several instalments as they shall be
called for, according to law, on the stock by him, her or
them subscribed, the amount due at any time may be
sued for by the said corporation, and recovered as other
debts due them, and in all cases where a suit shall be
brought to recover the amount of any instalment due
and unpaid, it shall be sufficient for the said corporation
to declare, in an action for money had and received for
the use of the said corporation, and thereupon judgment
shall be given for the sum due from such stockholder,
together with interest thereon and costs of suit, and
thereupon execution shall issue is in like cases between

Instalments.
Neglect or re-
fusal to pay.

private persons; Provided always, That nothing in this
act shall authorise the said president and managers to
commence suit for any instalment, unless they shall pre-
viously have entered into a contract with some person or
persons for the making of one or more miles of said

Proviso.

road; And provided also, That no recovery shall be had
against any delinquent stockholder to a greater amount
than one half of the stock by him, her or them subscrib-
ed for.

Proviso.