Page:United States Statutes at Large Volume 4.djvu/600



three years after the passage of this act, after which, the right of appointing said commissioners shall vest in the governor of this commonwealth, to build toll-houses and erect toll-gates, at suitable distances, on so much of the Cumberland road as lies within the state of Pennsylvania: Provided, That, if any one or more of the said commissioners should die, resign, or refuse to serve, the governor shall appoint one or more other commissioners to fill the vacancies so happening: And provided, also, That nothing herein contained shall be construed to prevent the governor from re-appointing the commissioners named in this act, if he thinks proper.. And be it further enacted by the authority aforesaid, That, for the purposes of keeping so much of the said road in repair as lies within the state of Pennsylvania, and paying the expenses of collection, and other incidental expenses, the commissioners shall cause to be erected, on so much of the said road as passes within this state, at least six gates; and that, as soon as said gates and toll-houses shall be erected, it shall be the duty of the toll-collectors, and they are hereby required to demand and receive, for passing the said gates, the tolls hereafter mentioned; and they may stop any person riding, leading, or driving any horses, cattle, sulky, chair, phaeton, cart, chaise, wagon, sleigh, sled, or other carriage of burden or pleasure, from passing through the said gates, until they shall, respectively, have paid for passing the same; that is to say, for every space of fourteen miles in length on said road, the following sums of money; and so, in proportion, for every greater of lesser distance; the rates of toll to be collected at each gate shall be the following, to wit: for every score of sheep or hogs, six cents; for every score of cattle, twelve cents; for every led or drove horse, three cents; for every horse and rider, four cents; for every sleigh or sled, for each horse or pair of oxen, drawing the same, three cents; for every dearborn, sulky, chair, or chaise, with one horse, six cents; for every chariot, coach, coachee, stage, wagon, phaeton, chaise, or with two horses and four wheels, twelve cents; for either of the carriages last mentioned, with four horses, eighteen cents; for every other carriage of pleasure, under whatever name it may go, the like sum, according to the number of wheels and horses drawing the same; for every cart or wagon, whose wheels shall exceed two and a half inches in breadth, and not exceeding four inches, four cents for every horse or pair of oxen drawing the same; and every other cart or wagon, whose wheels shall exceed four inches, and not exceeding five inches in breadth, three cents for every horse or pair of oxen drawing the same; and for every other cart or wagon, whose wheels shall exceed six inches, and not more than eight inches, two cents for every horse or pair of oxen drawing the same; all other carts or wagons, whose wheels shall exceed eight inches in breadth, shall pass the said gates free of tolls: Provided, That the commissioners appointed by the first section of this act may commute the rates of toll with any person or persons, by taking of him or them a certain sum annually, in lieu of the tolls aforesaid: And provided also, That nothing in this act shall be construed so as to authorize any tolls to be received or collected from any person or persons passing or re-passing from one part of his farm to another, or to or from a mill, or to or from any place of public worship, funeral, militia training, elections, or from any student or child going to or from any school, or seminary of learning, or from persons and witnesses going to and returning from courts: And provided further, That no toll shall be received or collected for the passage of any wagon or carriage laden with the property of the United States, or any cannon or military stores belonging to the United States, or to any of the states composing this Union.. And be it further enacted by the authority aforesaid, That the said commissioners shall appoint proper and suitable persons as toll-gatherers, who shall settle their accounts quarterly with the commissioners, and at all other times, when thereunto required; and shall, at all times, pay over to them, on demand, the amount of tolls by them collected; and it shall be the duty of the said commissioners, to render annually, to the court of quarter sessions of the respective counties through which the road passes, an account of the tolls received and expenses incurred on said road, on oath or affirmation, and publish the same in one or more newspapers in each county, through which the road passes; and they shall each receive a compensation of two dollars per day, for every day that they shall be engaged on the business on said road: Provided, That the annual compensation to any one commissioner shall not exceed the sum of one hundred dollars.. And be it further enacted by the authority aforesaid, That the amount of tolls after deducting therefrom the expenses and charges of collection, and compensation of commissioners, shall be applied, under the direction of the commissioners, to the repairs and preservation of said road, in such manner, and under such regulations, as they may from time to time prescribe, and to no other purpose whatever; and the said commissioners shall have power to increase or diminish the rates of toll: Provided, That the same shall at no time be increased beyond the rates of toll established by an act entitled “An act authorizing the governor to incorporate a company for making an artificial road, from the bank of the river Susquehanna, opposite the borough of Harrisburg, to Pittsburg,” passed the twenty-fourth day of February, one thousand eight hundred and six.. And be it further enacted by the authority aforesaid, That directors shall be set up at proper and convenient situations, to caution all conductors or drivers of carriages, on the road aforesaid, that they shall, at all times, pass on the left of each other, under the penalty of two dollars for every offence.. And be it further enacted by the authority aforesaid, That if any of the toll-gatherers shall unreasonably delay, or hinder, any passenger or traveller at any of the gates, or shall demand or receive more toll than may be established under this act, he shall, for each and every offence, forfeit and pay to the party so aggrieved the sum of twenty dollars.. And be it further enacted by the authority aforesaid, That, if any person or persons shall wilfully and of purpose throw down or otherwise injure any of the walls, bridges, culverts, or other works on said road, or shall otherwise wilfully injure or obstruct the passage of the said road unnecessarily, the person or persons so offending shall forfeit and pay for every such offence any sum not less than five, or more than fifty dollars, to be collected and applied as is directed in the ninth section of this act. , one thousand eight hundred and thirty-two, to which said acts the assent of the United States is hereby given, to remain in force during the pleasure of Congress, the sum of one hundred and fifty thousand dollars, to be expended under the direction of the War Department, under the