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zens of this state, of which election the said commissioners,
or a majority of them, shall be the judges; and that at the
expiration of said term, and annually thereafter, upon like
notice being given by the existing board of directors, the
stockholders shall elect by ballot seven directors, a majority
of whom shall be citizens of this state: and the judge of
such election shall be appointed by the president: and at
every such election, and in all other cases in which the
stockholders shall be entitled to vote, a vote may be given
for each share of stock, by the holder thereof, in person or
by proxy: and in case it shall happen that any election of
directors should not be made on the day when, pursuant to
this act, it ought to be made, said corporation shall not, for
that cause, be deemed to be dissolved, but such election
may be held at any other time, and the directors for the
time being shall continue to hold their office until others
shall be chosen in their place.

4. And be it enacted, That so soon as conveniently may Election of
be after the first and subsequent annual election of direc-
tors, they shall elect from their number a president of said
company, for the term of one year and until another shall
be elected, who shall receive such compensation for his
services as the board of directors may direct: he shall keep
the seal of the company and preside at all meetings of said
board, and in case of his absence, the said board shall ap-
point one of their number, who, for the time being, shall
possess the same power and authority and perform the like
duties; and the board of directors may fill any vacancy
that may occur therein until the next annual election, and
may exact from the president, treasurer, and other officers
and agents of said company, such security for the due per-
formance of their respective trusts as they may deem ex-
pedient; and special meetings of said stockholders may be
called by the said board, or by the stockholders owning
one-fourth of the whole stock of the company, by giving
ten days' notice of the time and place of holding the same,
and the object for which such meeting is called.

5. And be it enacted, That at the annual meeting of the Annual

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• Company authorized to make road.


statement to stockholders, the board of directors for the preceding year

shall exhibit to them a full and complete statement of the affairs of the company during the said term.

6. And be it enacted, That it shall and may be lawful for said company to construct and make a turnpike road along what is known as the Waterford road, from the town of Long-a-coming to the Waterford glass-works, thence by way of the Spring Garden tavern to the village of Winslow; provided, the said company, as soon as they shall construct the said turnpike road, shall pay to the respective owners of the lands over which they may pass, all damages which the said owners shall sustain by reason of the construction of said turnpike road; and in case the said owners and said company cannot agree upon the amount of said damages, then the damages shall be ascertained and determined, as nearly as may be, in the manner hereinafter provided for ascertaining and determining the damage which any landowner or owners may sustain by taking off stone, gravel, sand, or other materials, from his or her lands, for the constructing or maintaining of said turnpike road.

7. And be it enacted, That the said turnpike road shall be constructed at least thirty-two (32) feet in breadth along the middle, as near as may be, of the said Waterford and Winslow road, and shall be sufficiently arched and drained to make and keep the same dry, and at least eighteen (18) feet thereof shall be sufficiently bedded and faced with stone, plank, or gravel, to make a good and firm road, and it shall be so graded that in its progress no part of said road shall rise above an angle of six degrees with the plane of the horizon; and said company shall make good and sufficient bridges along said road, not less than twenty (20) feet in breadth; and whenever said road, in passing over low ground, shall be raised so much at the margin or side as to render carriages passing thereon liable to overset, the said company shall cause good and sufficient railings to be erected on the sides, so as to prevent horses and carriages

from running off. Proceedings 8. And be it enacted, That it shall be lawful for the said

Description of road.

pany and owners can

company, their agents, superintendents, engineers, and all when compersons employed by them, with carts, wagons, and other not agree. carriages, and with beasts of burden and draught, with all necessary materials, tools, and implements, to enter upon all lands contiguous or near to the said road, doing as little damage thereunto as possible, repairing any breach they may make in the inclosures thereof, and to make all ditches and underdrains across and through such lands as are necessary for the proper draining of said land; and if the said company or their agents, and the owner or owners of such required land or material, cannot agree as to the price of the same, it shall be the duty of any justice of the supreme court of this state, or a judge of the court of common pleas of the county of Camden, upon application by either party, and after six days' notice in writing to the opposite party of such application, and after hearing the parties, to appoint three (3) disinterested, impartial, judicious freeholders, residents of this state, commissioners to assess the price or value of such materials as may be required by said company, and all damages to be sustained by reason of their removal, who shall, before they enter on the duties of their appointment, be duly qualified, according to law, faithfully and impartially to execute the duties thereof, and after six days' notice in writing to both parties of the time and place, shall meet, view the premises, hear the parties and evidence if desired, and thereupon make such decision or award as to them may appear just and equitable, and transmit such award and decision in writing under their hands and seals, or the hands and seals of a majority of them, to the clerk of the said county of Camden, to be by him filed as a public record, and certified copies taken if desired by either party, and upon payment or tender of the sum so awarded by the commissioners, the said company or their agents may enter upon and remove all such materials as have been appraised as aforesaid, and when by reason of any legal incapacity, or the absence of the owner or owners of such land or materials, no agreement can be made with said company, then it shall be the duty of said company to

Rates of toll.

pay the amount of any award made in behalf of any such persons, by commissioners appointed as aforesaid, 'into the court of chancery, to the clerk thereof, subject to the orders of said court, for the use of said owner or owners.

9. And be it enacted, That as soon as the said company shall have constructed said road according to the directions of this act, and the true intent and meaning thereof, it shall and may be lawful for the said company to erect gates or turnpike across the same, and to demand and receive toll for travelling each mile and all fractions of a mile of the said road, not exceeding the following rates, to wit: For every carriage, sleigh, or sled drawn by one beast, one

cent. For every additional beast, one cent. For every horse and rider, or led horse or mule, five mills. For every dozen calves, sheep, or hogs, five mills. For every dozen horses, mules, or cattle, two cents. And it shall and may be lawful for the toll.gatherers to stop all persons riding, leading, or driving any horses, cattle, mules, sheep, calves, or hogs, or carriages of burden or pleasure, from passing through the said gates or turnpikes until they shall have paid the toll as above specified; provided, that nothing in this act shall be construed so as to entitle the said company to demand or receive toll of or from any person passing to or from public worship on the Sabbath day, or horses, carriages, sleighs, or sleds carrying persons to or from a funeral, or any person passing from any part of his farm to any other part of the same, on the common business thereof.

10. And be it enacted, That before the said company shall receive toll for travelling said road, they shall cause milestones to be erected and maintained, and on each stone shall be fairly and legibly marked the distance the said stone is from the city of Camden, and shall cause to be fixed at the gates or turnpikes aforesaid, in some conspicuous place, a printed list of the rates of toll which may be ·lawfully demanded, and also a board, on which shall be


Mile-stones to be erected.

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printed in large letters, “Keep to the right, as the law

11. And be it enacted, That if any person shall wilfully penalty for
break, throw down, or deface any of the mile-stones so works.
erected on said road, or wilfully tear down or deface any
of the printed rates of toll or directions, or shall cut, break
down or destroy or otherwise injure any gates, turnpikes,
or bridges that shall be erected pursuant to this act, or
shall forcibly pass the same without having paid the legal
toll at such gates or turnpikes, such person shall forfeit and
pay the sum of ten dollars ($10), besides being subject to
an action for damages for the same, to be recovered by
said company by action of debt or other proper action, in
any court of competent jurisdiction, with costs of suit; and
if any person, with his or her carriage, team, or horses,
turn out of said road to pass a gate or gates, upon private
grounds adjacent thereto, and again enter on said road with
intent to avoid the toll due by virtue of this act, such per-
son or persons shall forfeit and pay five times as much as
the legal toll would have been for passing through said
gates, to be recovered by said company, for the use thereof,
in an action of debt, with costs of suit.

12. And be it enacted, That if any toll-gatherers shall un. Penalty for necessarily delay or hinder any traveller passing through sal tolls. any of the gates or turnpikes, or shall demand more toll than is by this act established, he shall, for every such offence, forfeit and pay the sum of twenty dollars ($20), with costs of suit, to be prosecuted by and recovered for the sole use of the person so unreasonably hindered and defrauded.

13. And be it enacted, That if the said company shall not Proceedings keep the road and bridges in repair, it shall be the duty of and bridges any judge of the court of common pleas of the county of in repair. Camden, upon complaint being made to him in writing, stating the bridge or part of the road that is out of repair, and specifying the particular defect, and after four days' notice in writing to said company, specifying the particular part of the road or bridge, and the particular defect com

are not kept

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