Chapter XLIV. to incorporate a company to build a bridge over the eastern branch of [the] Potomac, between Eleventh and Twelfth streets east, in the city of Washington
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Chap. XLIV.— An Act to incorporate a company to build a bridge over the eastern branch of [the] Potomac, between Eleventh and Twelfth streets east, in the city of Washington. Feb. 24, 1819. *Be it enacted, &c., * That the following persons, viz: William Prout, William Marbury, Samuel N. Smallwood, Timothy Winn, and AdamW. Prcut and others constituted a board of commissioners to receive subscriptions.Capital. Lindsay, or any three of them, be, and are hereby, constituted a board of commissioners, with full power and authority to open, or cause to be opened, books for receiving and entering subscriptions, for raising a capital stock, not exceeding twenty-five thousand dollars, in shares of one hundred dollars each, for the purpose of erecting a bridge between Eleventh and Twelfth streets east, in the city of Washington, over the eastern branch, to the most convenient landing on the opposite shore, and making such other incidental works, and defraying such other incidental expenses, as shall be required by this act, or deemed necessary or expedient by the company, hereinafter named; the time, place, and manner, of receiving and entering such subscriptions, to be ascertainedNotice by advertisement.Proviso. by the said board of commissioners, and duly advertised in such newspapers as they may deem expedient: *Provided,* That the time [to] be fixed upon, by the said board of commissioners, for opening books for receiving said subscriptions, shall be on or before the second Monday in March next; and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, on each share subscribed for.
Sec. 2. *And be it further enacted, *That whenever two hundred of theSubscribers shall be incorporated, when. said shares shall be subscribed for, all persons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal representatives, successors, or assignees, of such subscribers, shall be, and they are hereby, made and created a body politic and corporate, by the 226 FIFTEENTH CONGRESS.
Sess. II. Ch. 44. 1819. name and style of “The Navy Yard Bridge Company;” and by that name may sue and be sued, implead and be impleaded, and do and suffer all acts, matters, and things, which a body politic and corporate may lawfully do and suffer; and may have a common seal, and the same may break and alter at pleasure, and may make all by-laws, rules, and regulations, and ordinances, for the good government of said company, and for carrying into effect the objects of their institution, so that such bylaws, rules, regulations, and ordinances, be not repugnant to the laws of the United States, in force within the District of Columbia.
Sec. 3. Rules of voting. *And be it further enacted, *That at all elections for directors and officers of said company, each and every member of the said company shall be entitled to as many votes as he or she may hold shares of Election of officers.the capital stock of said company, and may vote by proxy, executed under their hands and seals, in the presence of two witnesses; and that when two hundred of the said shares shall be subscribed for, as aforesaid, or as soon after as may be, the said board of commissioners shall call a meeting of the company, at some convenient place in the city of Washington, giving at least three weeks’ notice thereof, by public advertisement, in one or more newspapers published in the District of Columbia; and the said company shall then and there elect, by ballot, five directors and a treasurer, and such other officers, agents, and servants, as the company may think fit to appoint; and as soon thereafter Power of the board of commissioners to cease, when.as a board of directors shall be formed, they shall elect one of their body to be president of the said board of directors; and all the powers, authority, and duties, whatsoever, by this act vested in the said board of commissioners, shall cease and determine, and thenceforward become vested in the president and directors for the time being of the said company; and the said board of commissioners shall account to the president and directors of the said company, at their first meeting, for all moneys received by them or their agents, on account of subscriptions, and shall immediately pay over the same to the treasurer of said company.Directors, &c. to hold their offices until a new election.Annual meeting for election of officers.
And the said directors and treasurer shall hold their offices until the first Tuesday in October next, and until a new election shall be made by the company. And there shall be holden on that day, and, annually thereafter, on every first Tuesday in October, a meeting of the said company, for the purpose of electing five directors and a treasurer, and other officers and agents, as aforesaid. Sec. 4. Shares transferable, &c. *And be it further enacted, *That the said shares shall be negotiable and transferable from one to another, by assignments in writing, executed before two witnesses, at least, and authenticated and registered, as the said company may prescribe and direct in their bylaws and regulations, and shall be deemed personal, and not real, property; and that the shares held by any individual shall be liable to be attached, or taken by fieri facias, to satisfy the debts due from such individual, in like manner as other personal property may be.
Sec. 5. A meeting may be called at any time, &c. *And be it further enacted, *That a meeting of the said company may, at any time, be called, at some convenient place in the City of Washington, by a majority of the directors of the company for the time being, and by one-third of the members of the said company, or by the proprietors of one-third of the shares actually subscribed for, or Proviso.the legal representatives or proprietors: *Provided, however,* That no meeting of the said company shall be legal or valid, unless a quorum shall be formed, consisting of the majority of the members of said company, or of the proprietors of at least two-thirds of the number of shares actually subscribed for, their legal representatives, successors, or proxies, nor unless the time of such meeting be previously advertised, for three weeks successively, in one or more gazettes in the District of Columbia; and the said company shall have power, at any meeting legally called and constituted in pursuance of this act, to displace any of their direc- FIFTEENTH CONGRESS.
Sess. II. Ch. 44. 1819. 227 tors or officers, and to supply, by a new election, all vacancies that may happen among the directors or officers of the company; and a majority of the said directors may provisionally supply, by their own election, any vacancies that may happen among the number of directors, or among the number of the officers of the company; and the person so elected, by the said directors, may continue in office till the next legal meeting of the company. Sec. 6. *And be it further enacted, *That the amount of each shareThe amount of each share to be paid by instalments, &c. shall be paid by instalments of ten dollars, at such time as the said company shall direct; and in case any instalment or instalments shall not be paid at the time appointed by the said company, or within ten days thereafter, the same may be recovered in the name of the said company, by warrant from a justice of the peace, if the amount due shall not exceed twenty dollars, and if the sum so due shall exceed twenty dollars, the same may be recovered by motion in the name of the said company, on ten days’ notice, in any court of record in the county or district where the debtor should be found; and in all such warrants and motions, the certificate of the clerk of the said company, authenticated by the president, under the common seal of the said company, shall be conclusive evidence of the defendant’s being a member of the company, and prima facie evidence of the amount due on the shares held by such defendant; and if such instalment be not paid withinInstalments not paid within 60 days, may be forfeited. sixty days after the time limited for the payment of the same, and advertisement for four weeks, successively, in one or more newspapers published in the District of Columbia, the president and directors of the said company may proceed to forfeit, for the use of the company, the share or shares of the person or persons so failing to pay.
Sec. 7. *And be it further enacted, *That the said company be, andThe company authorized to build a bridge. they are hereby, authorized and empowered to erect and build, or cause to be erected and built, over the Eastern branch, between Eleventh and Twelfth streets East, in the City of Washington, and the land of William Marbury, on the opposite shore of the said Eastern Branch, a good and sufficient bridge, at least twenty-five feet wide, of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, cattle, and carriages, with a secure railing on each side, at least four feet high.
Sec. 8. *And be it further enacted, *That the said company shall causeA draw in the bridge. to be built, and kept and maintained in good repair, a convenient and sufficient draw, or passage way, at least thirty feet wide, in the said bridge, over the main channel of the Branch, for the passing and repassing of vessels, by day and by night. And the said company shall, at their own cost, and without toll, cause the said draw or passage way to be hoisted, or removed, without delay, for the passage of all vessels with masts, that are unable to pass under the same; and if, through theCompany liable for damages in case of detention of vessels at the draw. unskilfulness or negligence of the person or persons employed by the said company, to hoist or remove the said draw, any vessel shall be unjustly or unreasonably hindered or delayed, or shall be damaged in her hull, spars, or rigging, in passing the said draw, the said company shall be liable to the master, or the owner or owners, of such vessel, for damages, at the rate of six cents per ton of such vessel, for each and every hour such vessel shall be hindered or delayed, and for all damages in her hull, masts, and rigging, as aforesaid, to be ascertained and recovered, in a special action on the case, in any court of competent jurisdiction.
Sec. 9. *And be it further enacted, *That as soon as the said bridgeThe company may demand tolls when the bridge is completed.Rates of toll. shall be erected and built, and completed as required by this act, the said company shall be entitled to demand and receive, by their proper agents, servants, or officers, tolls at the following rates, viz: For each foot passenger, three cents; for each person and a horse, six and one 228 FIFTEENTH CONGRESS. Sess. II. Ch. 50, 51, 53. 1819. quarter of a cent; for carriages, wagons, or carts, seven cents for each wheel, and three cents for each horse, mule, or ox, drawing the same; for every other horse or mule, three cents; for cattle, three cents per Proviso.head; for hogs and sheep, two cents each: *Provided,* That no toll shall be exacted at the said bridge, for the passage of any wagon or carriage laden with the property of the United States, or for the drivers thereof, or for the passage of any troops of the United States, or the militia of any state, or of the District of Columbia, marching in a body, or any Proviso.cannon, or military equipments, belonging to the United States: *Provided also,* That if the number of two hundred shares shall not be subscribed within one year from the time of opening subscription books by the commissioners, as hereinbefore directed; or if the said bridge be not erected and built, and finished and completed, by this act, within three years from and after the first day of October next; or if it should remain, at any. time thereafter, so out of repair, for two years, as to be unsafe for travelling; then, and in that case, all the powers, authority, privileges, emoluments, and immunities, whatsoever, by this act granted to the said company, shall cease and determine, and shall become absolutely forfeited.
Approved, February 24, 1819.