Page:United States Statutes at Large Volume 4.djvu/602



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 superintendent, after he is appointed by 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 repassing 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, That the said superintendent, after his appointment as aforesaid, shall appoint proper and suitable persons as toll-gatherers, who shall settle their accounts every three months from the time of their appointments, and at all other times when thereunto required by the said superintendent; and shall, at all times, pay over to the said superintendent, on demand, the amount of tolls by them or either of them collected; and the said superintendent shall have authority to remove any toll-gatherer, appointed by him, for misbehaviour in his office, and appoint another in his place; and it shall be the duty of the said superintendent to render, semi-annually, to the county court of Allegany county, at its fixed meetings by law on the third Monday of April and second Monday of October, an account of the tolls received and expenses incurred on said road, on oath or affirmation; which account, when ratified and confirmed by the said court, shall be published by the said superintendent in some newspaper printed in Allegany county; and the said superintendent shall, also, on or before the first Monday of December, annually, hereafter, transmit to the governor and council of this state, a duplicate of his said accounts aforesaid; and it shall be the duty of the governor of this state to lay the same before the General Assembly in his annual message. And the said superintendent shall receive a compensation of two dollars per day for every day that he shall be engaged on the business of said road: Provided, That the annual compensation to said superintendent shall not exceed the sum of five hundred dollars.. And be it further enacted, That the amount of tolls, after deducting therefrom the expenses and charges of collection, and compensation of superintendent, shall be applied, under the direction of said superintendent, to the repairs and preservation of said road, in such manner, and under such regulations, as he from time to time may prescribe and direct, and to no other purpose whatsoever.. And be it further enacted, That directors shall be set up at proper and convenient situations, to caution all conductors and 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, 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 by 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, 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 nor more than fifty dollars, to be collected and applied as is directed in the ninth section of this act.. And be it further enacted, 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-gatherers shall never exceed the sum of two hundred dollars.. And be it further enacted, 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 superintendent of that part of the United States’ road within the limits of the state of Maryland,” without naming him as an individual, or of any person prosecuting the same; the one half thereof to the use of the state of Maryland, the other to the person so prosecuting for the same before a justice of the peace in Allegany county, as other small debts are recovered, with the privilege of an appeal to the county court, as in cases of small debts.. And be it further enacted, That the toll-gatherers shall exhibit their accounts from time to time to the superintendent, upon oath, as directed in this act; and they shall, moreover, before they act as toll-gatherers, and annually thereafter, give bond, with security, to the state of Maryland, in the penalty of one thousand dollars, to be approved by the superintendent, for the faithful performance of the duties devolving on them by this act, with a condition, as follows, or to the following effect: “Now the condition of the above obligation is such, that, if the above bound shall, at the end of every three months from the time of receiving his appointment, and at all other times when thereunto required, pay over, well and truly, to the said superintendent the whole amount of tolls by him collected as toll-gatherer aforesaid, then the above obligation to be void, otherwise to be in full force and virtue of law.”. And be it further enacted, That the said superintendent, before he acts as such, and annually thereafter, shall give bond to the state of Maryland, with such security as any one of the judges of the fifth judicial district shall approve, in the sum of four thousand dollars, with the following condition, or to the following effect: “Now the condition of the above obligation is such, that, if the above shall well and faithfully discharge the duties of superintendent, and shall pay over, lay out, and expend, all moneys which he may receive as the superintendent of that part of the United States’ Mattanawcook to Mars’ hill, in Maine, for widening said road, and for contingencies, twenty-one thousand dollars.

For continuing the road from Detroit to Chicago, fifteen thousand dollars.