Public Acts of Congress. riage of slower draught going in the same direction, keep their horses and carriage on the right hand side of the said road, leaving the other side of the road clear and free for other carriages to pass and repass; and if any driver shall offend against this provision, he shall forfeit and pay two dollars to any person obstructed in his passage, who shall sue for the same, to be recovered, with costs, before any justice of the peace, in the same manner as small debts are recoverable; and moreover, shall be liable to the party injured, by suit at common law, for any special damage done. SEC. 10. And be it further enacted, That the president and directors of the said company shall keep, or cause to be kept, fair and just accounts of all moneys to be received by them from the said commissioners, and from the stockholders, or subscribers to the said undertaking, on account of their several subscriptions or shares, and of all moneys by them to be expended in the prosecution of their said work, and shall once, at least, in every year, submit such accounts to a general meeting of the stockholders until the said road shall be completed, and until all the costs, charges, and expenses, of effecting the same shall be fully liquidated, paid, and discharged; and if, upon such liquidation, or whenever the whole capital stock of the said company shall be nearly expended, it shall be found that the said capital stock will not be sufficient to complete the said road, according to the true intent and meaning of this act, it shall and may be lawful for the said stockholders to be convened according to the provisions of this act, or their own by-laws and rules, to increase the number of shares to such extent as shall be necessary to accomplish the work, and to demand and receive the moneys subscribed for such shares, in like manner and under the like penalties, as are hereinbefore provided for the original subscriptions, or as shall be provided by their by-laws. SEC. 11. And be it further enacted, That the said president and directors shall also keep, or cause to be kept, just and true accounts of all the moneys to be received by their several collectors of tolls at the turnpike gates on the said road, and shall make and declare a half yearly dividend of the clear profits and income thereof, all contingent costs and charges being first deducted, among all the holders of said stock, and shall publish the half-yearly dividend aforesaid in some newspaper printed in the District of Columbia, and at the time and place when and where the same will be paid, and shall cause the same to be paid accordingly. SEC. 12. And be it further enacted, That it shall be the duty of the said corporation to keep the said road in good repair; and if, in neglect of their said duty, the said corporation shall at any time suffer the said road to be out of repair, so as to be unsafe or inconvenient for passengers, the said corporation shall be liable to be presented for such neglect before any court of competent jurisdiction, and upon conviction thereof, to pay to the United States a penalty not exceeding one hundred dollars, at the discretion of the court, and shall also be responsible for all damages which may be sustained by any person or persons in consequence of such want of repair, to be recovered in an action of trespass on the case in any court competent to try the same: Provided always. and be it further enacted, That whenever the net proceeds of tolls collected on said road shall amount to a sum sufficient to reimburse the capital, which shall be expended in the purchase of said land and making said road, and twelve per cent. interest per annum thereon, to be ascertained by the circuit court of the United States, in and for the District of Columbia, in the county of Alexandria, the same shall become a free road, and toll shall be no longer collected thereon; and said company shall annually make returns to said circuit court of the amount of tolls collected, and of their necessary expenses, so as to enable said circuit court to determine when said toll shall cease. SEC. 13. And be it further enacted, That if any person or persons, riding in, or driving any carriage of any kind, or leading, riding or driving any horses, sheep, hogs, or any kind of cattle whatever, on said road, shall pass through any private gate, bars or fence, or over any private way or passage, or pass through any toll-gate under any pretended privilege or exemption, to which he or she, or they, may not be entitled, or do any act or thing with intent to lessen or evade the tolls for passing through the gates established under this act, such person or persons, for every such offence, shall forfeit to the said president and directors, not less than three, nor more than ten dollars, to be recovered before any justice of the peace, with costs, in the same manner that small debts are recoverable: Provided, That it shall not be lawful for the company to ask, demand, or receive from or for persons living on or adjacent to the said road, who may have occasion to pass by said road upon the ordinary business relating to their farms, so far as the limits of the same may extend on the road, who shall not have any other convenient road or way by which they may pass from one part to another part thereof, any toll for passing on or by the said turnpike. Approved, March 3, 1809. An Act authorizing an augmentation of the Marine Be it enacted, &c., That the President of the United States shall be, and he is hereby, authorized to cause the Marine Corps, in the service of the United States, to be augmented, by the appointment and enlistment of not exceeding one major, two captains, two first lieutenants, one hundred and eighty-five corporals, and five hundred and ninety-four privates, who shall be respectively allowed the same pay, bounty, clothing, and rations, and shall be employed under the same rules and regulations to which the said Marine Corps are, or shall be, entitled and subject. SEC. 2. And be it further enacted, That, from and after the passage of this act, all enlistments Public Acts of Congress. in the said corps shall be for the term of five years, unless sooner discharged, any law to the contrary notwithstanding. Approved, March 3, 1809. An Act supplemental to the act, entitled "An act for establishing trading-houses with the Indian tribes." Be it enacted, &c., That a sum, not exceeding forty thousand dollars, in addition to the sum heretofore appropriated for the purpose of carrying on trade and intercourse with the Indian nations, in the manner prescribed by the act, entitled "An act for establishing trading-houses with the Indian tribes," be, and the same is hereby, appropriated, to be paid out of any moneys in the Treasury of the United States, not otherwise appropriated. SEC. 2. And be it further enacted, That the sum of eight hundred dollars be, and the same is hereby, appropriated out of any moneys in the Treasury of the United States not otherwise appropriated, for an additional clerk in the office of the Superintendent of Indian trade. SEC. 3. And be it further enacted, That the proviso to the twelfth section of the act, entitled "An act for establishing trading-houses with the Indian tribes," be, and the same is hereby, repealed. SEC. 4. And be it further enacted, That the act to which this is a supplement, and also this act, shall, from and after the twenty-first day of April next, commence and be continued in force for and during the term of three years, and no longer. Approved, March 3, 1809. An Act making appropriations for the support of the Military Establishment, and of the Navy of the United States, for the year one thousand eight hundred and nine. Be it enacted, &c., That, for defraying the expense of the Military Establishment of the United States for the year one thousand eight hundred and nine, for the Indian department, and for the expense of fortifications, arsenals, magazines, and armories, the following sums be, and the same hereby are, respectively appropriated, that is to say: For the pay of the Army of the United States, eight hundred and sixty-eight thousand two hundred and forty dollars. For forage, sixty-four thousand six hundred and twenty-four dollars. For subsistence, six hundred and forty-one thousand two hundred and twenty-eight dollars and thirty-five cents. For clothing, two hundred and ninety-three thousand two hundred and sixty-four dollars. For bounties and premiums, fifteen thousand dollars. For the medical and hospital departments, forty-five thousand dollars. For camp equipage, fuel, tools, and transportation, two hundred and seventy thousand dollars. For ordnance, seventy-five thousand dollars. For purchasing horses, saddles, and bridles, for the light dragoons, and for the light artillery, fifty-one thousand seven hundred and twenty dollars. For forage for the horses for the regiment of light artillery, ten thousand eight hundred dollars. For fortifications, arsenals, magazines, and armories, two hundred and nineteen thousand and thirty-four dollars and seventy-five cents. For purchasing maps, plans, books, and instruments, two thousand five hundred dollars. For contingencies, fifty thousand dollars. For the salary of clerks employed in the military agents' offices, and in the office of inspector of the army, three thousand five hundred dollars. For the Indian department, one hundred and twenty-five thousand six hundred dollars. For the purpose of paying James Powell, late Collector of Savannah, the amount of moneys advanced by him to Solomon Ellis, contractor for supplying rations to the troops of the United States, in the State of Georgia, including a com twenty-seven thousand six hundred and twenty one and eight cents. For the purpose of paying Ferdinand Phinizy, late contractor for supplying the troops in Geor gia, a balance due to him as admitted by the Comptroller of the Treasury, on the twentyfourth of July, one thousand seven hundred and ninety-nine, one thousand three hundred and ninety-three dollars and thirty-nine cents. SEC. 2. And be it further enacted, That, for defraying the expenses of the Navy of the United States, during the year one thousand eight hundred and nine, the following sums, including therein the sum of four hundred thousand dollars already appropriated by an act, entitled "An act authorizing the employment of an additional naval force," the following sums be, and the same are hereby, respectively appropriated, that is to say: For the pay and subsistence of the officers, and pay of the seamen, one million three hundred and twenty-three thousand and seventy-seven dollars. For provisions, five hundred and sixty-seven thousand seven hundred and sixty-five dollars. For medicines, instruments, and hospital stores, thirty-five thousand dollars. For repairs of vessels, four hundred and fortyfive thousand dollars. For freight, store rent, commissions to agents, and other contingent expenses, one hundred and fifty thousand dollars. For pay and subsistence of the Marine Corps, including provisions for those on shore, and forage for the staff, one hundred and thirty-five thousand six hundred and forty-seven dollars and seventy cents. For clothing for the same, thirty-two thousand nine hundred and thirty-three dollars and eighty cents.. For military stores for the same, one thousand three hundred and fifty-four dollars. For medicines, medical services, hospital stores, and all other expenses on account of the sick belonging to the Marine Corps, two thousand dollars. For quartermaster's and barrack master's stores, Public Acts of Congress. officer's travelling expenses, armorer's and carpenters' bills, fuel, premiums for enlisting, musical instruments, bounty to music, and other contingent expenses of the Marine Corps, fourteen thousand one hundred and twenty-five dollars. For the expense of navy yards, comprising dock and other improvements, pay of superintendents, storekeepers, clerks, and laborers, sixty thousand dollars. For ordnance and small arms, one hundred and fifty thousand dollars. SEC. 3. And be it further enacted, That the several sums specifically appropriated by this act, shall be paid out of any moneys in the Treasury, not otherwise appropriated. Approved, March 3, 1809. An Act concerning Invalid Pensioners. Be it enacted, &c., That the Secretary of War be, and he is hereby, directed to place the following named persons, whose claims have been transmitted to Congress, pursuant to a law passed the tenth of April, one thousand eight hundred and six, on the pension list of invalid pensioners of the United States, according to the rates, and to commence at the times herein mentioned, that is to say: Oxford Tash, at the rate of two dollars and fifty cents per month, to commence on the first day of June, one thousand eight hundred and seven. Hezekiah Sawtell, at the rate of two dollars and fifty cents per month, to commence on the twenty-eighth day of September, one thousand eight hundred and eight. Amos Spafford, at the rate of three dollars thirty-three and one-third cents per month, to commence on the twenty-third day of October, one thousand eight hundred and eight. Josiah Temple, at the rate of two dollars per month, to commence on the fifteenth day of April, one thousand eight hundred and eight. Isaac Abbott, at the rate of eight dollars per month, to commence on the nineteenth day of November, one thousand eight hundred and eight. Thaddeus Waugh, at the rate of five dollars per month, to commence on the thirty-first day of May, one thousand eight hundred and eight. Joel Hinman, at the rate of five dollars per month, to commence on the eighth day of June, one thousand eight hundred and eight. David Pendleton, at the rate of five dollars per month, to commence on the twentieth day of May, one thousand eight hundred and eight. teenth day of November. one thousand eight hundred and eight. Gideon Edwards, at the rate of five dollars per month, to commence on the seventeenth day of December, one thousand eight hundred and eight. Elijah Sheldon, at the rate of two dollars and fifty cents per month, to commence on the nineteenth day of December, one thousand eight hundred and eight. Nathaniel Church, at the rate of two dollars and fifty cents per month, to commence on the thirtieth day of December, one thousand eight hundred and eight. Richard Mellen, at the rate of five dollars per month; to commence on the ninth day of November, one thousand eight hundred and eight." Elisha Prior, at the rate of three dollars and seventy-five cents per month, to commence on the thirteenth day of December, one thousand eight hundred and eight. John Cramer, at the rate of two dollars and fifty cents per month, to commence on the twentyfifth day of April, one thousand eight hundred and eight. James Philips, at the rate of two dollars and fifty cents per month, to commence on the nineteenth day of April, one thousand eight hundred and eight. John Walsh, at the rate of two dollars and fifty cents per month, to commence on the eighth day of September, one thousand eight hundred and eight. Samuel Lindsley, at the rate of three dollars and seventy-five cents per month, to commence on the thirty-first day of October, one thousand eight hundred and eight. John Fergus, at the rate of two dollars per month, to commence on the twentieth day of October, one thousand eight hundred and eight. Joseph Elliot, at the rate of three dollars and thirty-three and one-third cents per month, to commence on the twenty-first day of April, one thousand eight hundred and eight. James Correar, at the rate of two dollars and fifty cents per month, to commence on the twenty-fifth day of November, one thousand eight hundred and eight. John Smith, at the rate of two dollars and fifty cents per month, to commence on the twenty-seventh day of January, one thousand eight hundred and eight. Joseph White, at the rate of three dollars and seventy-five cents per month, to commence on the twenty-second day of February, one thousand eight hundred and eight. Edward Tuck, at the rate of three dollars per month, to commence on the second day of Janu Eliphalet Sherwood, at the rate of two dollars and fifty cents per month, to commence on the twentieth day of May, one thousand eight hun-ary, one thousand eight hundred and eight. dred and eight. Daniel Treadwell, at the rate of four dollars per month, to commence on the twentieth day of May, one thousand eight hundred and eight. Evan Ragland, at the rate of three dollars per month, to commence on the seventh day of January, one thousand eight hundred and eight. John Crute, at the rate of thirteen dollars per month, to commence on the twenty-eighth day of September, one thousand eight hundred and eight. William Evans, at the rate of eight dollars per month, to commence on the twenty-first day of Obadiah Perkins, at the rate of eight dollars per months, to commence the eighteenth day of November, one thousand eight hundred and eight. John Daboll, at the rate of sixty-two and onehalf cents per month, to commence on the eigh-November, one thousand eight hundred and eight. Public Acts of Congress. John Carmichael, at the rate of five dollars per month, to commence on the first day of December, one thousand eight hundred and eight. Benjamin Vickery, at the rate of three dollars per month, to commence on the fourteenth day of June, one thousand eight hundred and eight. Joshua Hawkins, at the rate of three dollars per month, to commence on the twenty-fifth day of March, one thousand eight hundred and eight. Joseph McJunkin, at the rate of twelve dollars per month, to commence on the eighteenth day of October, one thousand eight hundred and eight. Samuel Otterson, at the rate of eight dollars per month, to commence on the sixth day of October, one thousand eight hundred and eight. William Carr, at the rate of two dollars and fifty cents per month, to commence on the twenty-eighth day of March, one thousand eight hundred and eight. Jonathan Tinsley, at the rate of five dollars per month, to commence on the twenty-third day of September, one thousand eight hundred and eight. James Gallespie, at the rate of four dollars per month, to commence on the eighteenth day of June, one thousand eight hundred and eight. Christian Smith, at the rate of five dollars per month, to commence on the fifth day of November, one thousand eight hundred and eight. Bartholomew Berry, at the rate of five dollars per month, to commence on the seventh day of November, one thousand eight hundred and eight. John Robert Shaw, at the rate of five dollars per month, to commence on the twelfth day of October, one thousand eight hundred and eight. Samuel Burton, at the rate of two dollars and fifty cents per month, to commence on the twenty-ninth day of December, one thousand eight hundred and eight. William McClanahan, at the rate of two dollars and fifty cents per month, to commence on the twenty-seventh day of October, one thousand eight hundred hundred and eight. William McLaland, at the rate of five dollars per month, to commence on the fourth day of February, one thousand eight hundred and nine. SEC. 2. And be it further enacted, That the pensions of the following persons, already placed on the pension list of the United States, whose claims for an increase of pension have been transmitted to Congress, pursuant to the act aforesaid, be increased to the sums herein respectively annexed to their names; the said increase to commence at the times herein mentioned, that is to say: William Curtis, five dollars per month, to commence on the twenty-first day of September, one thousand eight hundred and eight. Samuel Potter, three dollars thirty-three and one-third cents per month, to commence on the sixth day of September, one thousand eight hundred and eight. Thomas Haines, five dollars per month, to commence on the seventeenth day of January, one thousand eight hundred and seven. Daniel Bussell, five dollars per month, to commence on the third day of October, one thousand eight hundred and eight. William Wood, three dollars thirty-three and one-third cents per month, to commence on the fourteenth day of September, one thousand eight hundred and eight. Thomas Pratt, three dollars thirty-three and one-third cents per month, to commence on the twenty-fourth day of October, one thousand eight hundred and eight. Ebenezer Tinkham, two dollars and fifty cents per month, to commence on the eighth day of No Nathaniel Hewitt, at the rate of three dollars and seventy-five cents per month, to commence on the fifth of January, one thousand eight hun-vember, one thousand eight hundred and eight. dred and nine. Jacob Redenour, at the rate of five dollars per month, to commence on the tenth day of April, one thousand eight hundred and six. William Keough, at the rate of five dollars per month, to commence on the twenty-third day of January, one thousand eight hundred and nine. Isaiah Corben, at the rate of two dollars and fifty cents per month, to commence on the thirtyfirst day of October, one thousand eight hundred and eight. Joseph Richardson, at the rate of two dollars and fifty cents per month, to commence on the twentieth day of January, one thousand eight hundred and nine. William Johnson, at the rate of two dollars and fifty cents per month, to commence on the eighteenth day of January, one thousand eight hundred and nine. Henry Overly, at the rate of five dollars per month, to commence on the first day of December, one thousand eight hundred and eight. Abraham Gamble, at the rate of five dollars per month, to commence on the eighteeth day of January, one thousand eight hundred and nine. Joseph Brown, five dollars per month, to commence on the third day of June, one thousand eight hundred and eight. Benjamin Merrill, three dollars thirty-three and one-third cents per month, to commence on the twenty-eighth day of September, one thousand eight hundred and eight. William Leach, five dollars per month, to commence on the second day of May, one thousand eight hundred and eight. Constant Webb, three dollars per month, to commence on the thirtieth day of May, one thousand eight hundred and eight. Jonathan Bowers, five dollars per month, to commence on the twenty-third day of July, one thousand eight hundred and eight. Abner Andrews, five dollars per month, to commence on the first day of September, one thousand eight hundred and eight. Josiah Merryman, five dollars per month, to commence on the seventeenth day of September, one thousand eight hundred and eight. Samuel Burdwin, five dollars per month, to commence on the twenty-third day of September, one thousand eight hundred and eight. Public Acts of Congress. Oliver Bostwick, ten dollars per month, to commence on the third day of October, one thousand eight hundred and eight. Edward Bassett, two dollars and fifty cents per month, to commence on the twenty-eighth day of April, one thousand eight hundred and eight. Jeremiah Markham, three dollars and seventyfive cents per month, to commence on the third day of June, one thousand eight hundred and eight. Samuel Andrus, three dollars and seventy-five cents per month, to commence on the twentythird day of September, one thousand eight hundred and eight. Elisha Clark, two dollars and fifty cents per month, to commence on the twenty-eighth day of September, one thousand eight hundred and eight. Aaron Tuttle, three dollars thirty-three and one-third cents per month, to commence on the twenty-fifth day of October, one thousand eight hundred and eight. Benjamin Sturges, four dollars per month, to commence on the twenty-fifth day of October, one thousand eight hundred and eight. Burr Gilbert, five dollars per month, to commence on the twenty-eighth day of July, one thousand eight hundred and eight. Jehiel Judd, four dollars per month, to commence on the sixteenth day of April, one thousand eight hundred and eight. Ashbel Hosmer, five dollars per month, to commence on the sixth day of October, one thousand eight hundred and eight. Andrew McGuire, five dollars per month, to commence on the first day of August, one thousand eight hundred and eight. John Lowry, three dollars thirty-three and onethird cents per month, to commence on the nineteenth day of April, one thousand eight hundred and eight. James Blever, five dollars per month, to commence on the eighth day of April, one thousand eight hundred and eight. Samuel B. White, five dollars per month, to commence on the eighth day of April, one thousand eight hundred and eight. Judah Levy, five dollars per month, to commence on the twelfth day of April, one thousand eight hundred and eight. Enoch Turner, five dollars per month, to commence on the fourteenth day of November, one thousand eight hundred and eight. Edward Stanton, five dollars per month, to commence on the nineteenth day of November, one thousand eight hundred and eight. Elisha Lee, twenty dollars per month, to commence on the thirtieth day of November, one thousand eight hundred and eight. William Starr, three dollars and seventy five cents per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. John Morgan, three dollars thirty-three and onethird cents per month, to commence on the eighteenth day of November, Novembe one thousand eight hundred and eight. Andrew Gallup, three dollars thirty-three and one-third cents per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Joseph Woodmancy, five dollars per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Simon Perkins, five dollars per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Walter Burdick, two dollars and fifty cents per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Park Avery, five dollars per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Amos Avery, two dollars and fifty cents per month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Ebenezer Avery, two dollars and fifty cents per mont month, to commence on the eighteenth day of November, one thousand eight hundred and eight. Benjamin Denslow, five dollars per month, to commence on the seventh day of December, one thousand eight hundred and eight. Amos Skeele, three dollars thirty-three and one-third cents per month, to commence on the twenty-eighth day of November, one thousand eight hundred and eight. William Burrows, five dollars per month, to commence on the twelfth day of December, one thousand eight hundred and eight. Elisha Frizzle, five dollars per month, to commence on the first day of January, one thousand eight hundred and nine. John McKinstrey, twenty dollars per month, to commence on the first day of January, one thousand eight hundred and nine. Samuel Gibbs, thirteen dollars thirty-three and one-third cents per month, to commence on the eighth day of October, one thousand eight hundred and eight. John Barbarick, five dollars per month, to commence on the fifteenth day of December, one thousand eight hundred and eight. James Morgan, two dollars and fifty cents per month, to commence on the fifth day of January, one thousand eight hundred and nine. Joseph Moxley, two dollars and fifty cents per month, to commence on the fifth day of January, one thousand eight hundred and nine. Daniel Bill, five dollars per month, to commence on the fifth day of January, one thousand eight hundred and nine. Christopher Latham, three dollars and seventyfive cents per mouth, to commence on the fifth day of January, one thousand eight hundred and nine. SEC. 3. And be it further enacted, That the pensioners becoming such in virtue of this act shall be paid in the same manner as invalid pensioners are paid who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States in such cases provided. Approved, March 3, 1809. |