Page:United States Statutes at Large Volume 4.djvu/532



authorized and required at the connection with, or intersection of, any state, county or township road, which now is or hereafter may be established under the laws of this state within their respective districts, to build and keep in repair a good and sufficient stone culvert or paved valley, or other good and sufficient fixture, in such manner as to admit of a free passage for the water along the side drain or drains of said national road, at the connection or intersection aforesaid, and according to the grade thereof, as established by the United States’ superintendent of said national road.

“. That, for the purpose of carrying into effect the provisions of this act, the governor is hereby authorized to draw on the state treasury for any sum of money not exceeding two thousand dollars, to be paid out of any money in the treasury not otherwise appropriated: Provided, said sum shall be refunded to the state treasury out of the proceeds of the road fund created by the provisions of this act, so soon as the same shall be collected.

“. That all fines, penalties and forfeitures incurred under the provisions of this act, shall be recovered by indictment in the court of common pleas of the county where the offence was committed, or by action of debt, in the name of the state of Ohio, for the use of the road fund established by this act, which action of debt may be brought before any justice of the peace or other court having jurisdiction thereof in the county where the offence was committed, or such fine, penalty or forfeiture was incurred; and it shall be the duty of the superintendent, toll-gatherers, and of any other person who will complain of the same, to prosecute all offences against the provisions of this act.

“. That it shall be lawful for the General Assembly, at any future session thereof, without the consent of Congress, to change, alter, or amend this act: Provided, That the same shall not be so changed, altered or amended, as to reduce or increase the rates of toll hereby established, below or above a sum necessary to defray the expenses incident to the preservation and repair of said road, to the erection of gates and toll-houses thereon, and for the payment of the fees or salaries of the superintendent, the collectors of tolls, and of such other agents as may be necessarily employed in the preservation and repair of the same, according to the true intent and meaning of this act.

“. That any person or persons shall have the privilege of paying at either of the said gates, at the rates specified in this act, the amount of toll for any distance which such person or persons may desire to travel on said road, and receive a certificate thereof from the collector of tolls at such gate, which certificate shall be a sufficient voucher to procure the passage of such person or persons through any other gate or gates named in said certificate: Provided, That printed forms of such certificates shall be furnished by the superintendent to be appointed under the provisions of this act to each collector of tolls, and shall be countersigned by such superintendent, and otherwise so devised as to prevent fraud or imposition; and no certificate shall be considered as valid under this section unless such certificate shall be authenticated as aforesaid.

“. That the act, entitled ‘An act for the prevention of injuries to the national road in Ohio,’ passed February eleventh, eighteen hundred and twenty-eight, be, and the same is hereby, repealed: Provided, however, That all actions and prosecutions which may now be pending shall be prosecuted to final judgment and execution, and all offences committed before the taking effect of this act shall be prosecuted and punished in the same manner as if the above-mentioned act was not repealed.”

, March 2, 1831.