Page:United States Statutes at Large Volume 4.djvu/601



. And be it further enacted by the authority aforesaid, That the toll-gatherers on said road shall, respectively, receive compensation for their services, at the rate of twelve per centum on the amount of tolls by them, respectively, collected: Provided, That the annual compensation of any toll-gatherer shall never exceed the sum of two hundred dollars.. And be it further enacted by the authority aforesaid, That the penalties and forfeitures which may be incurred under this act shall and may be sued for and recovered in the name of the commissioners of the road, without naming them as individuals, or of any person for prosecuting for the same; the one moiety thereof to the use of the commonwealth, the other to the person so prosecuting for the same, before any magistrate or court having jurisdiction in like cases.. And be it further enacted by the authority aforesaid, That this act shall not have any force or effect until the Congress of the United States shall assent to the same, and until so much of the said road as passes through the state of Pennsylvania be first put in a good state of repair, and an appropriation made by Congress for erecting toll-houses and toll-gates thereon, to be expended under the authority of the commissioners appointed by this act: Provided, The legislature of this state may at any future session thereof, change, alter, or amend this act: Provided, That the same shall not be so 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, for the payment of the fees or salaries of the commissioners, the collectors of tolls, and other agents: And provided further, That no change, alteration, or amendment, shall ever be adopted, that will in any wise defeat or affect the true intent and meaning of this act., April 4, 1831.Under the act of Congress, ceding to Pennsylvania that part of the Cumberland road which is within the state, and the act of Pennsylvania accepting the surrender, a carriage, whenever it is carrying the mail, must be held to be laden with the property of the United States, within the true meaning of the compact; and consequently exempted from payment of toll. Searight v. Stokes, 3 Howard, 151.But this exemption does not apply to any other property conveyed in the same vehicle; nor to any person travelling in it; unless he is in the service of the United States, and passing along in pursuance of orders from the proper authority.Nor can the United States claim an exemption for more carriages than are necessary for the safe, speedy, and convenient carriage of the mail. Ibid.Whereas that part of the United States’ road lying within the limits of the state of Maryland is, in many parts, in bad condition, for want of repairs; and as a large proportion of the people of this state are interested in said road and its preservation: Therefore,. Be it enacted by the general assembly of Maryland, That, as soon as the consent of the government of the United States shall have been obtained, as hereinafter provided, that part of the United States’ road, commonly called the National road, within the limits of the state of Maryland, shall be taken under the care of the state of Maryland; and the governor and council of this state shall be and they are hereby authorized to appoint a superintendent of that part of said road lying within the limits of this state, who shall hold his office for three years from the date of his commission, and who shall, at the time of his appointment, and during his continuance in office, reside in Allegany county; whose duty it shall be to exercise all reasonable vigilance and diligence in the care thereof; which superintendent, after his appointment, shall have full power and authority to build toll-houses, and erect toll-gates, at suitable distances: Provided, That the number of gates aforesaid shall not exceed two on the whole distance within the limits of this state.. And be it further enacted, That for the purpose of keeping so much of the said road in repair as lies within the limits of the state of Maryland, and paying the expenses of collection and other incidental expenses, the superintendent shall cause to be erected, on so much of the said road as lies within the limits of this state, a gate or gates, a toll-house or toll-houses, not exceeding two of each; 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 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 or 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 other carriage, 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 superintendence of an officer of the engineers; and which said acts are hereby directed to be printed and appended to the laws of the present session of Congress.

For repairing and building bridges on the military road leading from